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Home My WebLink About000794 Original ContractCity 4f P' <>rt An�r�Ic s F2e�c--orci #000794 CONFORM COPY #1 ill 111 1 ss. 1 tt ! Craig Fulton, P.E., Director of Public Works and Utilities Michael C. Puntenney, P.E., City Engineer Reviewed by: Mike Puntenney, P.E. City Engineer Reviewed by: Jonathan Boehme, P.E. Project Manager Reviewed by: William Bloor City Attorney For more information regarding this project, contact: Jonathan Boehme, P.E., Civil Engineer, Project Manager 360 - 417 -4811 TABLE OF CONTENTS DIVISION 0 — LEGAL AND PROCEDURAL DOCUMENTS 00020 00100 00120 00301 00430 00510 00710 Number of Pages ADVERTISEMENTFOR BIDS .................................................................................. ............................... 2 INSTRUCTIONSTO BIDDERS ............................................................................... ............................... 16 NON - COLLUSION AFFIDAVIT ................................................................................ ............................... 1 PRICESHEET ............................................................................................................. ............................... 5 SUBCONTRACTORLIST .......................................................................................... ............................:.. 1 AGREEMENT AND SERVICES CONTRACT .......................................................... ............................... 2 GENERALCONDITIONS ........................................................................................ ............................... 64 DIVISION 1— GENERAL REQUIREMENTS 01010 SUMMARY OF WORK ............................................................................................ ............................... 27 01011 CONTRACT TIME ...................................................................................................... ............................... 1 01025 MEASUREMENT AND PAYMENT .......................................................................... ............................... 3 01060 SAFETY AND HEALTH ............................................................................................ ............................... 9 01800 ENVIRONMENTAL CONDITIONS ........................................................................... ..............................1 Attachment A — CSO Computation Methodology Project WW04 -2014 Table of Contents CSO Flow Monitoring TOC -1 SECTION 00020 REQUEST FOR PROPOSAL CSO Flow Monitoring PROJECT WW14 -2014 City of Port Angeles Proposals for the CSO Monitoring Project WW14 -014 will be received by the Director of Public Works & Utilities at 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362, until 1:30 p.m. local time on Tuesday, June 26, 2014. The City is seeking technical and cost proposals from qualified flow monitoring contractors (hereafter the "BIDDER ") to provide the City of Port Angeles (hereafter the "CITY ") with calibrating, maintaining and monitoring services for the City's Wastewater Utility flow meters. Existing City owned CSO (combined sewer overflow) monitoring equipment will be used. The project will assist the CITY in complying with its NPDES Permit to discharge combined sewer overflows into Port Angeles Harbor; which requires the CITY to monitor CSO outfalls and report to the Department of Ecology any dry weather or wet weather overflows. The BIDDERS's responsibilities include calibrating flow meters, monitoring and analyzing data, maintaining monitoring equipment, communication and hosting of flow monitoring data, and submitting reports to the CITY. The flow monitoring contract will span 24 months, with an option for an additional 1 or 2 years. Flow monitoring will be performed at all 5 CSO sites. The monitoring equipment at three of the sites will be maintained by the BIDDER, two other sites will be maintained by the CITY. Plans, specifications, addenda, and plan holders list for this project are available on -line through Builders Exchange of Washington, Inc. at http: / /www.bxwa.com. Click on: "Posted Projects ", "Goods and Services ", "City of Port Angeles ". Bidders are encouraged to "Register as a Bidder ", in order to receive automatic email notification of future addenda and to be placed on the "Bidders List ". Contact the Builders Exchange of Washington (425- 258 -1303) should you require further assistance. Informational copies of any available maps, plans and specifications are on file for inspection in the office of the Port Angeles Public Works Engineering Services (360- 417 - 4811). Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be discriminated against on the grounds of gender, race, color, age, national origin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Further, all Bidders are directed to solicit and consider minority and women owned businesses as potential subcontractors and material suppliers for this project. Proposer questions are to be directed to the Project Manager, Jonathan Boehme, P.E., Civil Engineer, in writing by facsimile at (360) 417 -4709 or by email at jboehmegcityof a.us. Project WW 14 -2014 Request for Proposal CSO Flow Monitoring 00020 -1 Michael C. Puntenney, P.E. City Engineer Abbreviated Version Publishing Dates: 1) Peninsula Daily News (6/3/2014) 2) Daily Journal (6/3/2014 and 6/9/2014) * *END OF SECTION ** Project WW14 -2014 Request for Proposal CSO Flow Monitoring 00020 -2 SECTION 00100 INSTRUCTIONS TO BIDDERS It is the responsibility of each Bidder to ascertain if all the documents listed on the table of contents are included in their copy of the Bid specifications. If documents are missing, it is the sole responsibility of the Bidder to contact the City to obtain the missing documents prior to Bid opening time. DEFINITIONS: Definitions identified in quotes within paragraph 00710 -1.0, Definitions, of the General Provisions have the meanings stated therein. 2. AUTHORITY: The City of Port Angeles is a non - charter code city of the State of Washington, hereinafter called the "City ". The City is soliciting written proposals under RCW 39.04.270, for Electronic Data Processing and Telecommunications Systems, and under RCW 70.95A.090, for Pollution Control Facilities. The City will use competitive negotiation and award shall be made to the qualified Bidder whose proposal is most advantageous to the CITY with price and other factors considered. The CITY may reject any and all proposals for good cause and request new proposals. The City is subject to the Washington State Public Records Act (RCW 42.56) and as such responses to solicitations received by the City shall be subject to it. 3. OBJECTIVE OF REQUEST FOR PROPOSAL: The objective of this RFP is to provide sufficient information to enable qualified Bidders to submit written proposals. The RFP is not a contractual proposal or commitment to purchase products or services. 4. BASIS OF AWARD: A. The City will award a firm fixed -price contract with lump sum priced services to that responsible Bidder whose proposal the City has determined conforms to the solicitation, is fair and reasonable, and proposes the best overall value to the City, considering all non -price factors described herein, and price. All evaluation factors, other than price, when combined, are considered more important than the price. The intent of this solicitation is to obtain the best proposal within the CITY's budget for this project. After the City individually evaluates and rates each proposal, it will compare proposals to determine which proposal represents the best value. The City reserves the right to accept other than the lowest priced Project WW04 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -1 proposal or to reject all proposals. The City will not award a contract to a Bidder whose proposal contains a material failure to meet a City requirement or a combination of flaws that appreciably increases the risk of unsuccessful contract performance to an unacceptable level. If there is a lower priced, conforming proposal, the City must determine that the added value of a more expensive proposal (within the cost limitation) would justify award to that Bidder. B. A Contract may be negotiated with Bidder whose proposal is evaluated to be the most advantageous to the City, considering cost as well as other factors based on the criteria described herein, all as solely determined by City. Award of a Contract may be made without negotiation or discussion after proposals are received. Proposals should, therefore, be submitted initially on the most favorable terms, from both price and technical standpoints. The City reserves the right to award the contract in whole or in part. Notwithstanding anything to the contrary indicated above, the City reserves its right to reject all Bids at any time up to the time of actual contract execution by the City. C. As part of the evaluation, the City will evaluate betterments /preferences in proposals relative to the minimum standards in the RFP to determine if they propose additional value to the City. In addition, innovations in proposals will be evaluated to determine if creative ideas of the Bidder are a better value to the City compared to the minimum criteria. 5. SELECTION AND AWARD An evaluation committee will review, evaluate, score, and rank proposals, in accordance with criteria identified below. Clarification of submitted material may be requested during the evaluation process. Interviews and negotiations may be conducted with top ranked Bidders, either by web - meeting or in person at the discretion of the evaluation committee. If necessary, in- person interviews may be required. Finalists will be notified and informed of interview requirements. The City may award to the successful Bidder based on their initial proposal or invite them to enter into contract negotiations. 6. SCHEDULE OF EVENTS While every attempt will be made to adhere to the below schedule following the due date & time for the proposal, the City reserves the right to adjust or modify the selection process schedule. Where such changes to the selection process schedule are necessary, the City will advise all submitting Consultants in writing of any scheduling changes as soon as practicable. The City of Port Angeles has identified the following tentative Project WW14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -2 7 timetable for submission and evaluation of the proposal, negotiation and approval of the Agreement: 6/3/2014 to 6/8/14 Solicitation Released to Prospective BIDDERS 6/23/2014 Question from BIDDERs 6/26/2014; 1:30 PM PST Due Date & Time for Proposals 6/26/2014 to 7/1/14 Technical Evaluation, Interviews, and Negotiation; Cost Evaluation 7/16/2014 Targeted Award Date 7/23/2014 Flow Monitoring to begin GENERAL INSTRUCTIONS A. Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Bidders will be contacted or afforded an opportunity to clarify, discuss or revise their proposals. The City reserves the right to ask for Best and Final Offers; however, the City desires to award from the initial proposals. B. Firms formally organized as monitoring or environmental firms, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key team subcontractors. Any legally organized Bidder may submit a proposal, provided that the Bidder or Bidder's subcontractor has or will have professionals and engineers, registered in the appropriate technical disciplines and provided that the requirements for registration in the State of Washington are met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved. C. Bidders are encouraged to submit clear responses to the RFP. Responses of excessive length or overly elaborate presentations are discouraged. The City reserves the right to include any and all portions of the selected proposal in the formal contract. Due to the need for an expedient review of proposals and selection of a Bidder, Bidders are cautioned against submitting excessive and extraneous material not directly responding to the issues raised in the RFP. Instructions regarding scope and content are given in this section. These Project WW04 -2014 CSO Flow Monitoring Instructions To Bidders 00100 -3 instructions are designed to ensure the submission of information essential to the understanding and comprehensive evaluation of the proposal. D. All information must be legible. Any and all corrections and or erasures must be initialed. The Original proposal shall be accompanied by a transmittal letter signed in ink by an authorized representative of the Bidder. The technical and cost portions of the proposal submitted by the successful Bidder of the RFP will become part of any contract awarded as a result of this solicitation. E. Technical proposals shall include the information required of the RFP in the organization and format specified herein. Do not show or submit any price information on the technical proposal. The information requested below should be organized in separate sections in the manner specified in order to achieve a uniform review process and obtain the maximum degree of comparability for the Evaluation Committee. The technical proposal shall be bound separately from the cost proposal. (1) Text shall be in English in a standard font, a minimum of 11 points in height, and single- spaced. Text pages shall be single -sided 8%2 -inch x 11- inch white paper, with simple lettered or numbered dividers for each section. Number each page in each section consecutively (i.e., 1 -1, 1 -2...; 2-1,2-2 ... ; etc.), and center page numbers at the bottom of each page. Drawings, sketches, organization charts, and /or schedules may be submitted on 11 -inch by 17 -inch or 8 1/2 -inch by 11 -inch white paper. Present information clearly and concisely. Documentation that is difficult to read may be rejected and may lead to disqualification. The information shall be easily reproducible by normal black and white photocopying machines. (2) The technical proposal page count shall not exceed twenty (20) pages, exclusive of tabbed dividers. Of the twenty (20) pages, no more than ten (10) shall be 11 -inch by 17 inch. Limit the information provided to that which is required in the RFP. Any additional information, pages or appendices provided by the Bidder but not requested by the City will be removed from the proposal and returned to the Bidder and will not be reviewed by the City. (3) Resumes of staff personnel and evidence of similar flow monitoring experience may be attached to the proposal as appendices and will not be included in the page count for proposals. The proposal shall demonstrate experience by at least 3 projects providing flow monitoring service of $30,000 or greater having direct -hired employees engaged for this project. (4) Provide one (1) original, five (5) hard copies, and one electronic (pdf) copy of the complete technical proposal. The original copy shall be named "Original ", and each copy numbered in "X of Y' fashion. One electronic Project WW14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -4 copy of the complete technical proposal shall be provided on CD, DVD, or portable flash drive. F. Cost Proposals shall be submitted on the forms provided in Section 00301. In addition to the required forms in Section 00301, two (2) sheets of paper sized 8.5" by 11" single sided, single spaced with 12 point Times New Roman font or font of comparable size may be provided as additional explanatory narrative. Note that the City will not evaluate any material that exceeds the page limits. Cost proposals shall clearly identify the Bidder and be individually bound. Provide five (5) paper copies and one (1) electronic copy in pdf format on USB flash drive or CD /DVD disk. All copies of the Cost Proposal shall be enclosed in a single envelope clearly marked on the outside: "COST PROPOSAL, Flow Monitoring RFP WW14- 2014" 8. EVALUATION PROCESS Evaluation of the proposals will be performed by a committee selected by the City of Port Angeles. The intent of the City is to make award based on written proposals with the possibility to conduct interviews and negotiations should the City so choose. The City intends to use the metrics shown below to evaluate the Bidder's responses to this RFP. 9. PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS SUBFACTORS AND ELEMENTS The proposal evaluation factors and their relative importance are shown in the following table: Factor /Sub Description Relative Factor Importance FACTOR 1 TECHNICAL DESIGN Most Important Tech Proposal Factor Subfactor 1 - Understanding of requirements and Most Important ability to perform CSO flow monitoring Subfactor Subfactor 2 - Experience performing maintenance Equally Important on existing City flow monitoring with Subfactor 1 equipment. Project WW04 -2014 CSO Flow Monitoring Instructions To Bidders 00100 -5 Subfactor 3 - Experience with similar CSO Equally Important monitoring projects with Subfactor 2 Subfactor 4 - Quality of web software proposed; 4th Most Important provide a narrative describing the key Subfactor (less features of the proposed software, why the important than software was selected Subfactor 3) Subfactor 5 - Compatibility with existing City Equally Important system communication with Subfactor 4 FACTOR 2 PROJECT MANAGEMENT 2nd Most Important Factor (slightly less important than Factor 1) Subfactor 1 - The Bidder's overall strategy, initial Most Important monitor calibration, monitoring reliability, Subfactor and maintenance. Subfactor 2 - Bidder's plan for notifying the City of Equally Important CSO overflows. with Subfactor 1 FACTOR 3 ORGANIZATION AND CAPACITY 3nd Most Important OF THE FIRM Factor (slightly less important than Factor 2) Project WW14 -2014 CSO Flow Monitoring Instructions To Bidders 00100 -6 Subfactor 1 - Past performance and experience in Most Important flow monitoring including references. Subfactor Provide three lists of Bidder's references for other public projects of simular size and similar budget cost that the Bidder's firm has provided in the past five (5) years. Subfactor 2 - Proposed key personnel, staffing team, 2nd Most Important experience, and qualifications for the subfactor (less project important than Subfactor 1) Subfactor 3 - Time based on distance from the City to Equally Important the Bidder's location following highways with Subfactor 2 or equivalent ferry time. If personnel are located in multiple locations, then the furthest distance will be used for all personnel included. The Bidder shall have an office located within 300 miles of the City. Subfactor 4 - Time firm has been in business for 4th Most Important flow monitoring Subfactor (less - Financial capacity of the firm to important than perform the project Subfactor 3). Subfactor 5 - Licenses in Washington Equally Important with Subfactor 4 Subfactor 6 - Local business and small, minority, or Equally Important disadvantaged business participation with Subfactor 5 Project WW04 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -7 Subfactor 7 - Prior litigation, or arbitration with any Equally Important Federal, State, Municipal, or other type of with Subfactor 6 government client or filed for bankruptcy or foreclosure (if yes, describe circumstances) FACTOR 4 SERVICE AND TRAINING 4t Most Important Factor (less important than Factor 3) Subfactor 1 - Quality and responsiveness of Most Important approach to service maintenance Subfactor FACTOR 5 COST AND PRICE Slightly less important than the total weight of Factors 1 through 4 Subfactor 1 - Firm's FFP for Base Bid- Year 1 Most Important Subfactor Subfactor 2 - Firm's FFP for Additive Bids- Year 2 2nd Most Important and Year 3 Factor (less important than Factor 1) Subfactor 3 - Firm's hourly rates and markups for 3rd Most Important training and suport Subfactor (less important than Subfactor 2) Project WW14 -2014 CSO Flow Monitoring Instructions To Bidders 11 11 10. EXAMINATION OF PLANS SPECIFICATIONS AND SITE: Each Bidder is instructed to examine the Plans, Specifications, Addenda, the site of the proposed improvements, and conduct any other examination and investigation which the Bidder may desire to make as to the accuracy of the nature of the work and the difficulties to be encountered. Bidders shall consider Federal, State, and local laws and regulations that may affect cost, progress, or performance of the work. 11. ADDITIONAL EXAMINATIONS OF PHYSICAL CONDITIONS: Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the work and which the Bidder deems necessary to determine its Bid for performing the work in accordance with the time, price, and other terms and conditions of the Contract Documents. The Bidder shall be responsible for all costs associated with these additional examinations including all restoration work and damages which may be a result of such investigation. 12. ADDITIONAL INFORMATION: All questions about the meaning or intent of the Contract Documents are to be directed to Project Manager, Jonathan Boehme, P.E., Civil Engineer, in writing by facsimile at (360) 417 -4709 or by email at jboehme ,cityofpa.us. Interpretations or clarifications considered necessary by the City in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Project Manager or the City as having received the Contract Documents. Questions received less than five (5) days prior to the date for opening of Bids may not be answered. Only answers provided by formal written Addenda will be binding. Oral and other interpretations or clarifications may not be relied upon and shall be without legal effect. 13. SITE VISITS: Individual site visits to research the existing condition may be arranged through the Project Manager. Driving directions are available upon request from the Project Manager. 14. WAGES: Incidental portions of the work in this Contract may be required, e.g., electrical installation, conduits, etc., that are subject to prevailing wage requirements and Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Bidders shall examine and be familiar with such requirements. No claim for additional compensation that is based upon a lack of knowledge or a misunderstanding of any such requirements by the Bidder or a failure to include in the Bidder's price adequate increases in such wages during the performance of this Contract will be allowed. The Contractor is advised to consult the Washington Project WW04 -2014 CSO Flow Monitoring Instructions To Bidders 00100 -9 State Department of Labor and Industries to determine the prevailing wages that must be paid. Wage rate information for this contract: A. Washington State Prevailing Wage Rates For Public Works Contracts — Journey Level and Apprentices, Clallam County, effective 5/20/2014. B. To access applicable prevailing rate(s) of wages rates for the describe work by trade, use the following Labor and Industries website link: http: / /www.Ini .wa.gov /TradesLicensing/PrevW age/WageRates /default. asp C. A copy of the applicable prevailing wage rates can also be obtained by contacting Lucy Hanley at 360 - 417 -4541 or by email, lhanley @cityofpa.us. A hard copy is available for viewing in person at 321 E. 5th Street, City Engineering Office, Port Angeles, WA. 98363. 15. PROGRESS AND COMPLETION: Time is of the essence for this Project. Progress and completion of the Work shall comply with all requirements herein, and intermediate and final completion dates as may be set forth in the specifications. The submission of a Bid constitutes the Bidder's acknowledgement that such progress and completion requirements have been taken into account in formulating a price for this Work. 16. PREVENTION OF ENVIRONMENTAL POLLUTION AND PRESERVATION OF PUBLIC NATURAL RESOURCES: If awarded the Contract, the Bidder shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention and environmental pollution and the preservation of public natural resources that may be applicable to this Project. The cost of such compliance shall be included in the Bid prices. 17. COST PROPOSAL - PRICE SHEET AND BID SCHEDULE: A. The Price Sheet and Bid Schedule are included in the Contract Documents. The Price Sheet and Bid Schedule must be completed in ink. Bids that contain omissions, erasures or irregularities of any kind may be rejected. Any qualification, addition, limitation or provision attached to or contained in a Bid may render the Bid non - responsive and not eligible for award. No oral, facsimile, telegraphic or telephonic Bids or modifications will be considered. B. All Bids shall be signed by the Bidder, or the Bidder's authorized representative. If the Bid is made: (1) By an individual, the Bidder's name, signature, and address must be shown; Project WW14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -10 (2) By a partnership or joint venture, it shall contain the names of each partner, the mailing address of the partnership or joint venture and shall be signed in the firm name, followed by the signature of the person signing, indicating that person's position in the partnership or joint venture; (3) By a corporation or limited liability company ( "LLC "), it shall include the name of the state under the laws of which the corporation is incorporated or the LLC is organized, the name and post office address of the corporation or LLC and the title of the person who signs on behalf of the corporation or LLC must be shown. C. Upon the City's request, the Bidder shall provide copies of the articles of incorporation, bylaws, resolutions of board of directors, partnership papers, joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the Bidder's officer or representative who signed the Bid on behalf of the Bidder. D. The City is not responsible for any cost incurred in responding to this Request for Proposals. 18. ACKNOWLEDEGMENT OF ADDENDA: Each Bidder shall include on the Price Sheet, Section 00301, specific acknowledgment of receipt of each Addendum issued by the City during the Bidding period. If the Bidder does not specifically acknowledge each addendum, the City may reject the Bid as non- responsive unless the City determines from delivery records or from inclusion of information in the Bid of information contained in the addenda that the Bidder received constructive notice of the addenda. 19. NON - COLLUSION AFFIDAVIT: Each Bid shall be accompanied by a sworn Non - Collusion Affidavit in accordance with, and using a form provided with Section 00120. Failure to submit a sworn statement with the Bid shall render the Bid non - responsive and the Bid shall be rejected. 20. DELIVERY OF COST PROPOSAL: A. The cost proposal shall be submitted in a sealed envelope. The Technical Proposal shall accompany the cost proposal. The City will not consider cost proposals received after the time fixed for opening Bids. 21. LATE SUBMISSIONS A. Any Bid, Bid modification, or request to withdraw a Bid that is received after Bid opening time will not be considered. B. The only acceptable evidence to establish the time of receipt at the office designated in the advertisement for the Bid is the time /date stamped or printed by Project WW04 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -11 the City on the Bid wrapper or other documentary evidence of receipt maintained by the City. 22. BID SUBMISSION. The following forms must be executed by ALL Bidders prior to submittal of the Bid and, except where otherwise provided herein, must be submitted with the Bid. ❑ NONCOLLUSION CERTIFICATE Section 00120. To be completed, signed and notarized. ❑ TECHNICAL PROPOSAL. ❑ COST PROPOSAL / PRICE SHEETS Section 00301. The pricing including lump sum, unit, rates, markups, and taxes must be shown in the spaces provided. The Proposal must be signed. Prices for all items, all extensions and the total amount of the Bid must be shown. Show unit prices in figures ONLY. All entries must be typed or entered in ink. BIDDERS MUST BID ON ALL ITEMS CONTAINED IN THE PROPOSAL. The omission or deletion of any Bid item will be considered non - responsive and shall be cause for rejection of the Bid. ❑ BIDDER'S ADDENDA ACKNOWLEDGEMENT ❑ SUBCONTRACTORS LIST Section 00430. Filled in. 23. MODIFICATION OF BID: A modification of a Bid will be considered only if the modification is received prior to the time announced for the opening of Bids. All modifications shall be made in ink and executed and submitted in the same form and manner as the original Bid. 24. EVALUATION OF BIDS AND BID ERRORS: A. After opening the Cost Proposals, the City will check them for correctness of extensions any direct, overhead, and profit rates and the total rate. If a discrepancy exists between the extensions of the direct, overhead, and profit rates and the total rate, the direct, overhead, and profit rates will control. The total of extensions, corrected where necessary, will be used by the City. Project WW14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -12 B. Irregular Bids. (1) A Bid will be considered irregular and will be rejected if: (a) The authorized Price Sheet /Bid Schedule furnished by the City is not used or is materially altered; (b) The completed Price Sheet contains any unauthorized additions, deletions, alternate Bids, or conditions; (c) The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract; (d) A item price cannot be determined from the Price Sheet; (e) The Price Sheet is not properly executed; (f) An executed non - collusion certificate is not provided; or (g) Proper Bid security does not accompany the Bid. (2) A Bid may be considered irregular and may be rejected if: (a) The Price Sheet does not include a lump sum price, markup, or rate for every Bid item or priced item; (b) Any of the lump sum prices or rate prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the City; (c) Receipt of Addenda is not acknowledged; (d) A member of a joint venture or partnership and the joint venture or partnership submit Price Sheets for the same project (in such an instance, both Bids maybe rejected); or (e) Price Sheet entries are not made in ink. (f) Alternate or alternative Bid items are not fully Bid. C. The City, in its sole discretion, reserves the right to waive minor Bid errors, informalities, and immaterial irregularities when it is in the City's best interest to do so. 25. BIDDER RESPONSIBILITY: Before award, the Bidder must meet the following Bidder responsibility criteria to be considered a responsible Bidder. The Bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The Bidder must: Project WW04 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -13 26. A. Have a current certificate of registration in compliance with Chapter 18.27 RCW, which must be in effect at the time of Bid submittal; B. Have a current Washington Unified Business Identifier (UBI) number; C. Have Industrial Insurance (worker's compensation) coverage for the Bidder's employees working in Washington, as required in Title 51 RCW or provide a signed certification that such insurance is not required; D. Have a current Washington Employment Security Department number, as required in Title 50 RCW or provide a signed certification that such number is not required; E. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW or provide a signed certification that such number is not required; SUBCONTRACTOR RESPONSIBILITY: A. At the time of the execution of any subcontract, the Contractor shall verify that each of its first tier subcontractors meets the following Bidder responsibility criteria by requiring each subcontractor to: (1) Have a current certificate of registration in compliance with Chapter 18.27 RCW, which must be in effect at the time of Bid submittal; (2) Have a current Washington Unified Business identifier (UBI) number; (3) Have industrial Insurance (workers' compensation) coverage for the Bidder's employees working in Washington, as required in Title 51 RCW or provide a signed certification that such insurance is not required; (4) Have a current Washington Employment Security Department number, as required in Title 50 RCW or provide a signed certification that such number is not required; (5) Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW or provide a signed certification that such number is not required; (6) Have an electrical contractor license, if required by Chapter 19.28 RCW; (7) Possess an elevator contractor license, if required by Chapter 70.87 RCW; and (8) Not be disqualified from Bidding on any public works contract under RCW 39.06.010 or 36.12.065. Project WW14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -14 B. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. 27. CONTRACT AWARD: A. A Contract may be negotiated by the Public Works and Utilities Department with the Bidder whose proposal is determined to be the most advantageous to the City, considering cost as well as other factors based on the criteria described herein, all as solely determined by the City. Award of contract may be made without negotiation or discussion after proposals are received. Proposals should, therefore, be submitted initially on the most favorable terms, from both price and technical standpoints. The City reserves the right to award the contract in whole or in part. Notwithstanding anything to the contrary indicated above, the City reserves its right to reject all Bids at any time up to the time of actual contract execution by the City. B. If the Contract is to be awarded, the City will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Proposal due date. No other act of the City or others will constitute acceptance of a Bid. C. The City reserves the right to include any and all portions of the selected proposal in the formal contract. D. The City reserves the right to request that Bidders extend the effective period of their Bids. 28. REJECTION OF ALL BIDS: A. The City reserves the right to reject any or all Bids at any time up to actual execution of the Contract, even if a contract or contracts have been awarded. B. Any or all Bids will be rejected if the City has reason to believe that collusion exists among the Bidders. 29. BIDDER RESPONSIBILITY FOR PROPOSAL COSTS The City is not liable for any cost incurred by any Bidder associated with the preparation of a proposal or the negotiation of a contract for services prior to the issuing of the Contract. Selected Bidders may be asked to present their proposals and /or to demonstrate ability to provide products or services to the City representatives in Port Angeles, WA or at a location agreeable to both parties. The Bidders shall bear all costs for such presentations. Project WW04 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -15 30 31 CANCELLATION OF REQUEST FOR PROPOSALS /INVITATIONS FOR BIDS A request for proposal or invitation for Bids may be cancelled at the discretion of the City. The reasons therefore shall be made part of the contract file. Notice of cancellation will be sent to all parties via Builder's Exchange of Washington. The notice will identify the RFP or invitation for Bids and state briefly the reasons for cancellation. DOCUMENTS TO BE EXECUTED AFTER AWARD: A. The successful Bidder shall properly complete, execute (as required) and submit the following documents on forms provided in accordance with the Contract Document: (1) Contract: Reference example documents in Division 0. (2) Insurance Certificates and Endorsements: As required in the Public Works Contract. (3) Statement of Intent to Pay Prevailing Wages (Statement of Intent) as needed (4) Other documents requested by City. B. Within ten (10) calendar days after receipt of the forms from the City the Bidder to whom award is made shall execute a written Contract with the City on the form provided, and shall furnish all certificates, endorsements and bonds required by the Contract Documents. C. Prior to starting Work the Contractor shall secure all Insurance Certificates and Endorsements which shall be provided and executed by the Contractor and its or their insurance company(ies) and shall provide a Statement(s) of Intent to Pay Prevailing Wages (Statement of Intent). * *END OF SECTION ** Project WW 14 -2014 Instructions To Bidders CSO Flow Monitoring 00100 -16 SECTION 00120 NON - COLLUSION AFFIDAVIT STATE; OF WASfUDdG -&N Alabama Madison ) COUNTY OF ) The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of airy person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or sollcltQd any bidder on the above worst or supplies to put in a share bid, or any other person or corporation to retrain from bidding, and that said bidder has not in any manner sought by collusion to secure to him/her self an advantage over any other bidder or bidders. .14 ; , I 1 LQ Hal Kimbrough /ADS LLC Signature <JkleriContractor Subscribed and sworn to before me this 20 day of June _ � 20 14 Notary Public in and for the State of WaAikigtoii, Alabama Residing at Huntsville My Comm. Exp.: MTMY,PUBLIC BStGJi4 '.`rt = itxto AT LARoB o I-KN v 4 : gal, s, 201B a+aa tJ+1c� We(4s ** END OF SECTION* * Project WW04 -2014 Nun- Cottusion AFfidaivit CSO Flow Monitoring 00120 -1 Provided to Buildera Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Bidder's Name: ADS LLC SECTION 00301 PRICE SHEET CSO Flow Monitoring PROJECT WW04 -2014 (NOTE TO BIDDER: Use ink when completing this Bid Schedule) FROM: ADS LLC ADDRESS: 4455 S. 134th Place Tukwila, WA 98168 DATE: June 25th., 2014 TO: Director of Public Works & Utilities ADDRESS: 321 East Fifth Street Port Angeles, Washington 98362 PROJECT TITLE: CSO Flow Monitoring Bidder Declaration and Understanding The undersigned Bidder hereby declares that Bidder has carefully examined the Contract Documents including the following addenda (receipt of all of which is hereby acknowledged): that Bidder has personally inspected the site, that Bidder has satisfied themselves as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identily the quantities with the detailed requirements of the Contract Documents, and that this Bid is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Bid. The Bidder further declares that Bidder has exercised their own judgment regarding the interpretation of inforrnation and has utilized all data, which Bidder believes pertinent from the Project Manager, Engineer, City, and other sources and have made such independent investigations as the Bidder deems necessary in arriving at their own conclusions. Addenda Acknowledgement The Bidder hereby acknowledges that it has received Addenda No(s), 4 through 4 to the Contract Documents. Lump Sum (LS) Items The Bidder is to provide the price to perform all work as specified herein, including labor, materials, equipment. and all overhead and profit, as well as any other ancillary costs associated with completing the work. Month Items The Bidder is to provide the price to perform all work as specified herein, including labor, materials, equipment, and all overhead and profit, as well as any other ancillary costs associated with completing the work. FT01ccl V/ X! 4 -2014 Pricc Sheet Cl(l? r 1oA.N, \:- Ionttoring 00101- i �_o!I_,cf iluer- Ex _,r,.y_ .o d_-� ae . _ ..e_ .r.., t;twa_ _::m a aais ,-__F-v SC-1'e Bidder's Narne: ADS LLC Time &, Material Items (T &M) Time and Material Itorns are subject to the provisions of paragraph 00710- 6.03F, Time and iWaterials Nfethod. Bid Items # 005, A05, B05, Training and Support, will be based on the Professional Service Rates and Markups established in this section. The "Total" represents the estimated value used for bidding purposes only and is not a g' 'arantec that amount will be reimbursed. Reimbursement is bused on actual quantities authorized by the City and incurred by the Contractor, Note: Did Items are described in Section 01025 - Measurement and Payment. Bid Itcros Not Included in the Bid Akre the Contract requires Work that is not listed as a Bid Item in Nteasureaneat and Payment section of the contract, theft costs shalt be incidental and included within the Bid It.ern prices of the various Bid Items in the Contract. If Work is performed and a Bid item for that Work is not included in the Bid Forra but is found in the Payment Section of the Contract, then payment will be in accordance with Section 00710 Part b. No separate or addit' vial payment will be made for Work wEch is incidental to other Bid items specified in the Contract or is an obvious defect or ambiguity in tite Contract under Section 00100. Do not vlwiie bi the shaded boxes Year 1 and 2 Base Bid Bid -- Item i Unit Extended # !Description „_.._.___. ! Quantit Unit ►Price Price Tax I LS -Per Flow Monitoring Field Service 3 Site/ $742.29 $53,444,.9-7 g ( $4,489, 001 CSO sites) 72 _ Month Monitoring System Uptime, Data LS -Per Analysis, and Reports (5 CSO Site( $330 .04 i$39 , 6504 , 801 002 sites) i 120 Month r N/A i LS -Per j CSC? Site Wireless f Site! $27.14 i$1, 954.21 $164 003 Communication (3 CSO sites)___ .!72 '_Month LS -Per Website Data Display and Alarm i i Site/ �$ 3 9 . 14 j$4 , 696 . 80 004_ Notification (5 CSO sites) 120 Month — t Training, Support and 005 Equipment - upon request 1 ` T &M _ I _ $20,000.00 , N/A I OOa flow Meter and weather station II 0 0 1 0 Initial Calibration (6 sites) 1 6 l LS 007 Website Setup —i 1 LS !$2 , 645_ 0 $2645.00 t $222 8 Initial Installation or 1 0 ( 0 0 008 Replacement of Eq_ui�ment_ _ 1 LS I i - - - - -- Subtotal: $12 2 , 3 4 5 _6 3- Sales Tax: $4,875.W -0 X127 Bd� $127,221.39 2-5 Prr�)ject WW' 4 -2014 " -SO Fic" Mor._itcr t2 P,pvnj.,c! Fo 8!i d ,rs Exd'ange ut - 11l:-+.. Inc F�cr usacle Corcltlorls Agreerf2'lC SZ @'Pr nPN OXl'vl COrn . Nlv'yays verlf "/ Scale Price Sheet, 0030 1 -2 Bidder's Name: ADS LLC Year 3 Additive Bid B - Bid Item Unit Extended # -1 Description _ _qq9ptjt1 Unit LS Site/ Price I $1173.3 P - ric ' e $14, 080. 5,f� Tax $1, 182 I Flow Monitoring Field Service (1 B01 CSO Sites) 12 Month j i 1 LS —Per Monitoring System Uptime, Data Analysis, and Reports (3 CSO I Site! $ 3 3 9. 9 4 $12 , 2 3 7. 8 602 Sites) 38 Month NIA I LS —Per 1$335.1/ B03 CSO Site Wireless Communication (I CSO Sites) 12 i Site/ ; '$27 .93 1 Month 1$28.15 LS —Per Site/ zi Website Data Display and Alarm $40 .31 1$1, 451. 604 Notification (3 CSO Sites) 36 Month Training, Support and 805 Equipment - upon request 1 T & M $10,000,00 N/A Subtotal: Sales Tax: Total Bid: Project WW t4-2014 CSO Flow Monitoring 7S 'Lq iS61tq zq2,4 r- $38,104.9 fAaj At L.12 4 $1,210.93 $39, 315 Price sheet 00301-3 Bidder's Name: ADS LLC Note: State Sales Tait Rule 170 applies to this contract. See Section 00 07 10 - General Conditions, Article 3.16 Professional Service Rates and Markups: Bidder is to provide their rates for training and support service including servicing, reprogramming, technical assistance, and repair and replacement of equipment components, etc. All direct labor rates in this category will be escalated on the annual anniversary of the award of the contract using the prior 12 months of the Consumer Price Index: CPI -W Seattle- Tacoma - Bremerton, Washington. Material markup includes all handling, G &A and profit. Labor rates include all equipment & tools. All rates and markups for materials are to be shown without tax. Standard retail taxes applicable to Port Angeles (currently 8.4 %) will be applied separately. Standard Markup Percentages for Overhead and Profit: Material: 15 % Training and Support: Direct Overhead Profit Tax 8.4% Total Rate Salary (fill -in % of (fill -in % (Escalated First (DS) DS of DS) Year of Contract) - Field Crew Rate - 2 person N/A Included $302 .00 crew N/A N/A in Total Per /Hour (per hour) - Project manager hourly rate $185.00 N/A N/A N/A N/A Per /Hour Field manager hourly rate N/A Included $155.00 N/A N/A Per /Hour - Engineer hourly rate N/A N/A N/A N/A 1 0 Per /Hour - Analyst Hourly rate N/A N/A N/A N/A $146.00 Per /Hour - Technician hourly rate N/A Included $138.00 N/A N/A in Total Per /Hour ADS is unable to provide the specific information requested above as ADS' hourly rates are a function of all related costs, both direct and indirect, forecasted for a project, rather than a straight line calculation of salary, fringe benefits and profit margin CSC) Pow Nfonitoring Price Sheet O03O t -4 Bidder's Name; ADS LLC BID FORM SIGNATURE The undersigned declares that before preparing their bias, they read carefully the specifications and requirements for bidders and that their bid is made with the full knowledge of the libid, quality and quantity of services and equipment to be furnished, and their said bid is as stated on these pages. By signing this page of the bid, the Bidder ackraoaviedges and agrees to the terins and conditions of each of the formes (the bid bond form must be signed separately), included in tlae bias documents. IN WITNESS hereto tlae undersigned have set their hands this 20 day of _ June, 2014 2014, Authorized Oa ill (Signature) Hal Kinibrough Print dame of Authorized Official ADS LLC Company Name 1300 Meridian St, Suite 3000 Address 20 June 2014 Date General Manager Title of Authorized Official 256 - 430 -3366 Tetephotie Number Huntsville, AL 35801 City, State, Zip State Contractor's License Number & Expiration Date: ADSLLL #924KR; 6/30/2015 Washington Ltnified Business Identifier (UBI #): _601- 262 -044 - Employtneut Security Reference Number: �— X693789011 State; of It _ Delaware ------ ___.-- .------------- _ - -�- -- (if applicable) Project WWI 4-2014 Price Sheet CSO Flow tvlonitoring 00301 -5 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see aruw.bxwa.com - Always verify Scale SECTION 00430 f�i�iZK�7�M= : e �IC�l:i�l(.YIy Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name: CSO Flow Monitoring Name of Bidder: ADS LLC For Projects estimated to cost one million dollars ($1,000,000) or more, each Bidder shall list subcontractors for the following categories of work: • heating, ventilating, and air condition; • plumbing (RCW 18.106) • electrical (RCW 19.28) or shall note that Bidder will self - perform the work, or state that there is no such work on the Project. Do not list more than one subcontractor for each category, unless subcontractors vary with bid additives or alternates, in which case the Bidder must indicate which subcontractor will be used for which additive or alternate. If Bidder is to perform such work itself, so state. Failure to submit names of subcontractors, or of Bidder to name itself, will render the bid void. The successful Bidder must have the written permission of the Contracting Agency to make any change to this list. Percent of total bid to be performed by Bidder's own forces 100 TRADE SUBCONTRACTOR BIDDER WILL SELF- PERFORM NO SUCH WORK ON PROJECT HVAC PLUMBING i ELECTRICAL j * * END OF SECTION* [kuJ--(;L W %k"04 -014 CS(7 F(<nv Monitoring 00431 }_; z ila, n lor . ,_.; y nd I __ ._.s q c eem , see n •r bx:ra .. , n AGREEMENT AND SERVICES CONTRACT THIS AGREEMENT ( "Contract ") is dated effective this 3 day of '2014 and is made by and between the City of Port Angeles, a Washington municipal corporation ( "City" or "Owner "), and Kz��S ( "Contractor "). 1iTU621 ►39#461 That WHEREAS the Owner heretofore caused to be prepared certain conditions for the implementation of CSO Flow Monitoring, Project WW04 -2014 and the Contractor did on ae# day of , 2014, file with the Owner a proposal to perform flow monitoring and agreed to accept as payment therefore the sum fully stated and set forth in the Proposal, and; WHEREAS, the said Contract Documents fully and accurately described in terms and conditions upon which the Contractor proposes to furnish said equipment, labor, materials, and appurtenances and perform said work, together with the manner and time of furnishing same; IT IS THEREFORE AGREED, first, that a copy of said Proposal and other Contract Documents filed with the Owner, as aforesaid, does, in all particulars, become a part of the Agreement and Contract by and between the parties hereto in all matters and things therein set forth and described; and further, that the Owner and the Contractor hereby accept and agree to the terms and conditions of said Contract Documents as filed as completely as if said terms, specifications, conditions, and plans were herein set out in full. This Contract, the Contract Documents, Contractor's Technical and Cost Proposal, in part or in whole, and any supporting contract documents agreed to in negotiations contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings shall be effective for any purpose. Terms used in this Contract which are defined in Part 1 of the General Conditions will have the meanings described therein. No provision of this Contract may be amended except by written agreement of the Parties, but the budget for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to the Contractor shall not exceed the contract amount. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. Subject to the preceding sentence, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. The venue for any dispute related to this Contract Project WW04 -2014 Contract CSO Flow Monitoring 00510 -1 AGREEMENT (Project No. 04 -2014) - continued shall be Clallam County, Washington. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. This Contract shall be governed by and interpreted in accordance with the laws of the State of Washington. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute this Contract. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. In the event of a conflict between the terms and provisions of any of the Contract Documents, the City Manager or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. IN FAITH WHEREOF, witness the hand and seals of both parties hereto on the day and year in this Agreement first above written. DATED the day and year set forth above. CONTRACTOR c 10 Title: Project WW04 -2014 CSO Flow Monitoring APPROVED AS TO FORM: i BY: CITY ATTORNEY ATTEST: BY: 5 T CLERK * *END OF AGREEMENT ** Contract 00510 -2 SECTION 00710 GENERAL CONDITIONS TABLE OF CONTENTS PART1 GENERAL PROVISIONS ........................................................................................... ..............................5 1.01 Definitions ......................................................................................................... ..............................5 1.02 Intent and Interpretation of the Documents ..................................................... .............................10 1.03 Order of Precedence ....................................................................................... .............................11 1.04 Headings .......................................................................................................... .............................11 1.05 Clarification of Drawings and Detail Drawings ................................................ .............................11 1 06 Errors and Omissions ... .. ........................................ .............................11 . ............... .......................... PART2 CITY ................................................................................................................... ............................... 2.01 Authority of the City ......................................................................................... .............................11 2.02 Information Supplied by CITY .......................................................................... .............................12 2.03 Work by City or Separate Contractors ............................................................. .............................12 PART3 CONTRACTOR .................................................................................................. ............................... 3.01 Contractor Representations ............................................................................. .............................12 3.02 General Duties ................................................................................................. .............................13 3.03 Duty to Inspect Contract Documents ............................................................... .............................14 3.04 Owner - Contractor Coordination ....................................................................... .............................14 3.05 Communications .............................................................................................. .............................15 3.06 Contractor's Supervision and Employees ....................................................... .............................15 3.07 Payment for Labor and Materials .................................................................... .............................15 3.08 Contractor's Duty When CITY Performs Work On- Site ................................... .............................15 3.09 Subcontractors and Suppliers ......................................................................... .............................15 3.10 Schedule of Working Hours ............................................................................. .............................16 3.11 Record Documents .......................................................................................... .............................16 3.12 Cost Records ................................................................................................... .............................16 3.13 Maintenance and Inspection of Documents .................................................... .............................17 3.14 Maintenance and Site Cleanup ....................................................................... .............................19 3.15 Protection of Existing Structures, Equipment, Vegetation, Utilities, and Improvements ..............19 3.16 Permits, Laws and Regulations ....................................................................... .............................19 3.17 Patents and Royal ties ...................................................................................... .............................20 3.18 Contractor's Certification ................................................................................. .............................21 3.19 Deviation from Contract ................................................................................... .............................21 3.20 Operations, Material Handling, and Storage Areas ......................................... .............................22 3.21 Contractor's Overall Responsibility For Protection of Work, Property, and Persons ...................22 Contract No.WW01 -2014 Page 1 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions .....11 ..12 3.22 Public Safety and Convenience ....................................................................... .............................22 3.23 Protection of Persons ...................................................................................... .............................23 3.24 Safety Program ................................................................................................ .............................23 3.25 Sanitation ......................................................................................................... .............................23 3.26 Hazardous Waste and Materials ..................................................................... .............................23 3.27 Storage of Contractor's Property ..................................................................... .............................23 3.28 Archaeological and Historical Preservation ..................................................... .............................23 3.29 Water Pollution Control Requirements ..............................".............................. .............................23 3.30 Utilities ............................................................................................................. .............................23 3.31 Easements ....................................................................................................... .............................23 PART 4 ADMINISTRATION OF THE CONTRACT ................................................................ .............................24 4.01 Time of Essence .............................................................................................. .............................24 4.02 Notice to Proceed ............................................................................................ .............................24 4.03 Work Progress ................................................................................................. .............................24 4.04 Schedule of Values .......................................................................................... .............................24 4.05 Project Schedule .............................................................................................. .............................24 4.06 Submittals ........................................................................................................ .............................24 4.07 Requests for Information ................................................................................. ....:...:.........:..........24 4.08 Tests, Inspections, and Access to the Work ................................................... .............................25 4.09 Correction of Work or Damaged Property ....................................................... .............................26 4.10 Substitution of Products & Processes ............................................................. .............................27 4.11 Increased or Decreased Quantities ................................................................. .............................27 PART 5 CHANGES TO THE CONTRACT ....................................................... ............................... 5.01 General .................................................................................................. ............................... 5.02 Contractor's Request for a Change Order ............................................. ............................... 5.03 Differing Site Conditions .............................................................. ............................... 5.04 Acceleration ................................................................................. ............................... 5.05 Suspension of Work .................................................................... ............................... 5.06 Force Majeure .............................................................................. ............................... 5.07 Change Orders ............................................................................ ............................... 5.08 City Request for a Change Proposal ........................................... ............................... 5.09 Minor Changes ............................................................................ ............................... 5.10 Procedures and Protest by the Contractor .................................. ............................... PART 6 TIME AND PRICE ADJUSTMENTS ......................................... ............................... 6.01 Change in the Contract Time ....................................................... ............................... 6.02 Change in the Contract Price ...................................................... ............................... 6.03 Method to Calculate Adjustments to Contract Price .................... ............................... ....................29 .......29 .......30 .......31 .......32 .......32 .......33 .......33 .......34 .......35 .......35 .............................36 ................36 ................36 ................38 Contract No.WW01 -2014 Page 2 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 6.04 Allowable Costs ............................................................................................... .............................40 6.05 Value Engineering and Cost Sharing .............................................................. .............................42 PART7 PAYMENT AND COMPLETION ................................................................................ .............................43 7.01 Applications for Payment ................................................................................. .............................43 7.02 Payments ......................................................................................................... .............................43 7.03 Payment Withheld ............................................................................................ .............................43 7.04 Title .................................................................................................................. .............................44 7.05 Warantee of Title ............................................................................................. .............................44 7.06 Substantial Completion Procedure .................................................................. .............................44 7.07 Final Inspection and Final Punch List .............................................................. .............................44 7.08 Requirements for Final Application For Payment ............................................ .............................44 7.09 Completion /Final Acceptance .......................................................................... .............................45 7.10 Retainage ........................................................................................................ .............................46 7.11 Warranty and Guaranty ................................................................................... .............................46 7.12 Prior Occupation .............................................................................................. .............................46 7.13 Possession and Use of Completed Portions of the Work ................................ .............................46 7.14 Possession of Incomplete Portions of the Project ........................................... .............................46 PART8 TERMINATION .......................................................................................................... .............................47 8.01 City's Right to Terminate Contract ................................................................... .............................47 8.02 City's Right to Stop the Work for Cause .......................................................... .............................49 PART9 CLAIMS AND LITIGATION ....................................................................................... .............................49 9.01 Disputes and Claims ........................................................................................ .............................49 9.02 Dispute Review Board ..................................................................................... .............................50 9.03 Contractor Claims ............................................................................................ .............................55 9.04 Contractor's Burden of Proof on Claim ............................................................ .............................57 9.05 Litigation .......................................................................................................... ........:....................58 PART10 MISCELLANEOUS ................................................................................................ .............................58 10.01 Blank ................................................................................................................ .............................58 10.02 Indemnification /Hold Harmless ........................................................................ .............................58 10.03 Insurance ......................................................................................................... .............................59 10.04 Ownership of Documents ................................................................................ .............................60 10.05 Confidentiality .................................................................................................. .............................60 10.06 Compensation, Wages, Benefits and Taxes ................................................... .............................60 10.07 Successors and Assigns ................................................................................. .............................60 10.08 Third Party Agreements ................................................................................... .............................61 10.09 Waiver of rights ................................................................................................ .............................61 10.10 Notice to City of Labor Disputes ...................................................................... .............................61 10.11 Disruptions Caused by Labor or Other Disputes ............................................. .............................61 Contract No.WW01 -2014 Page 3 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 10.12 Independent Contractor /Conflict of Interest ........................ ............................... 10.13 Liquidated Damages Against Contractor ............................ ............................... 10.14 Equal Opportunity Employer ............................................... ............................... 10.15 Joint Venture Contractor ..................................................... ............................... 10.16 Offer of Assignment of Antitrust Actions ............................. ............................... 10.17 Apprentice Utilization Requirement (Applicable to Contracts over $1,000,000) 10.18 ASSESS TO THE CONSTRUCTION SITE AND TO RECORDS ..................... 10.19 Amendment of General Conditions .................................... ............................... ........................62 ........................62 ............:...........63 ........................63 ........................63 ........................63 ........................64 ........................64 Contract No.WW01 -2014 Page 4 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions PART 1 GENERAL PROVISIONS A. "Addendum" or "Addenda." Alteration or clarification of the plans or specifications provided to bidders by the City prior to bid time, which becomes part of the Contract Documents when the Contract is executed. B. "Article" or "Part." The term "Article" or "Part" are to be equilvent in terms of definition. C. "Acceptance." Formal action of the City in determining that the Contractor's Work has been completed in accordance with the contract and in notifying the Contractor in writing of the acceptability of the Work. D. "Additive." A supplemental unit of Work or group of Bid items, identified separately in the Bid, which may be awarded at the discretion of the Owner in addition to the Base Bid. Additive may contain both additive and deductive changes to quantities in unit priced items of Base Bid or provide additional unit price items. E. "Alternate." A unit of Work or group of Bid items, identified separately in the Bid Documents, which permits a choice of different methods or Material of construction for performing the same Work. F. "Base Bid," The summation of Bid item amounts (extensions) or the lump sum Bid on the Bid Form, excluding Additives, Alternates, Deductives. G. "Bid." Offer of a bidder submitted on the prescribed form setting forth the price or prices of the Work to be performed. H. "Bidder." Individual, partnership, corporation, or a combination thereof, including joint venturers, offering a bid to perform the Work. I. "City's Representative." The person designated in writing by the City to act as its agent on specified matters relating to this contract. J. "Change Order." A written instrument designated to be a Change Order which alters the Contract, and identifies the following: (1) a change in the Work; (2) a change in Contract Price; and /or (3) a change in Contract Time. K. "Change Proposal." A document prepared by the Contractor at the request of the City, which proposes changes to the Work and /or changes to the Contract Price and /or Contract Time. City initiates all requests for Change Proposals. L. "Claim." A written demand by the Contractor seeking (1) a change to Contract Price; (2) a change of Contract Time; (3) a payment of money or damages; and /or, (4) any other relief arising out of or relating to this Contract. M. "Contract" or "Contract Documents." The entire integrated agreement between the City and the Contractor for the performance of the Work. See Order of Precedence, below. The Contract Documents are the following: 1. The signed Agreement between City and Contractor (the "Public Works Contract "); 2. Division 0, and all documents required therein; 3. Technical Specifications (Division 1); 4. Appendices to the Specifications; 5. Drawings; 6. Addenda; and 7. Any Change Orders. Contract No.WW01 -2014 Page 5 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions N. "Contract Drawings." The drawings included in the project manual plus those prepared by the City and the Contractor pursuant to the terms of the contract. They include: 1. Drawings included in the Project Manual. 2. Modifying drawings issued by addenda. 3. Drawings submitted by the Contractor during the progress of the Work and accepted by the Owner either as attachments to change orders or as non - modifying supplements to drawings in the Project Manual and drawings issued by addenda. 4. Drawings submitted by the City to the Contractor during the progress of the Work either as attachments to the change orders or as explanatory supplements to drawings in the Project Manual and drawings issued by addenda. Under this contract "Contract Drawings" and "Drawings" are used interchangeably. O. "Construction (Project) Manager." The person designated, in writing, by the City to act as its representative to perform construction inspection and oversight services and administrative functions relating to this contract. Initial contact by the Contractor with the City shall be through the Project Manager. P. "Contract Execution." occurs when City Manager or its designee signs the Contract, which shall only occur after the Contractor signs the Contract. Q. "Contract Price" means the total amount payable by the City to the Contractor for performance of the Work in accordance with the Contract. R. "Contractor's Representative." The individual who has authority to obligate the Contractor and who is identified in the Public Works Contract. S. "Contract Time." The number of days or the specific date set forth in the Contract to achieve Substantial Completion of the Work or portions thereof. T. "Contract Work" or "Work." The labor, materials, equipment, supplies, services, other items, and requirements of the Contract necessary for the execution, completion and performance of all Work within the Contract by the Contractor to the satisfaction of the City. U. "Contractor." The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, contracting with the City to do the Contract Work. V. "Contractor's Plant and Equipment." Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. W. "Day." A calendar day, unless otherwise specified. X. "Design Engineer." Designer of record that developed the plans and specifications. Y. "Direct." Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing Work under the contract. Z. "Differing Site Conditions." (1) Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract Documents (Type 1), or (2) Unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the construction activities of the character provided for in the Contract (Type II). AA. "Directive." Written documentation of the actions of the City or Construction Manager in directing the Contractor. Contract No.WW01 -2014 Page 6 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions BB. "Equipment." Mechanical, electrical, instrumentation, or other device with one or more moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic connection. CC. "Furnish." To deliver to the job site or other specified location any item, equipment or material. DD. "Field Directive." A document, titled Field Directive, prepared by the City directing the Contractor to proceed promptly with specific Work and shall not, in and of itself, constitute a Change Order or entitlement to an adjustment in Contract Time and /or Contract Price. EE. "Hand and Other Small Tools" means any tool, piece of communication equipment, or piece of equipment with a wholesale value of less than $500. FF. "Final Acceptance" and /or "Completion." Written acceptance of the Project by the City. GG. "Force Majeure." An event that is unforeseeable at the time of Contract Execution and that is beyond the reasonable control of the Contractor and the City and includes: 1. Natural Disaster declared by Governor of Washington or President of the United States, including but not limited to earthquakes; 2. Acts or omissions of any government entity acting within its governmental capacity; 3. Fire and /or flood for which the Contractor or its Subcontractors is not responsible; 4. Quarantine or epidemic; 5. Strike or defensive lockout; and, 6. Unusually Severe Weather Conditions 7. Acts of terrorism. HH. "Hazardous Material." Any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable material, explosive material, radioactive material, urea formaldehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is required, or the manufacture, preparation, production, generation, use, maintenance, treatment, storage, transfer, handling, or shipment of which is restricted, prohibited, regulated, or penalized by any and all federal, state, City, or municipal statutes or laws and regulations promulgated thereunder, now or at any time hereafter in effect, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U. S. C. §§ 9601, et seq.), the Hazardous Materials Transportation Act (49 U. S. C. §§ 1801, et seq.), the Resource Conservation and Recovery Act (42 U. S. C. §§ 6901, et seq.), the Federal Water Pollution Control Act (33 U. S. C. §§ 1251, et seq.), the Clean Air Act (42 U. S. C. §§ 7401, et seq.), the Toxic Substances Control Act, as amended (15 U. S. C. §§ 2601, et seq.), the Occupational Safety and Health Act (29 U. S. C. §§ 651, et seq., and the Model Toxics Control Act (RCW 70.105), or similar state or local statute or code), as the laws have been amended and supplemented. II. "Holidays." Legal holidays designated by the state or specifically identified in the Contract Documents. JJ. "Install." Placing, erecting, or constructing complete in place any item, equipment, or material. KK. "May." Refers to permissive actions. LL. "Notice." A written document issued by the Construction Manager or Contractor's Representative which is submitted to the other party and delivered by: 1. Depositing in the U. S. Mail (or other method of commercial express mail), which notice shall be effective on the date of receipt; Contract No.WW01 -2014 Page 7 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 2. Service on the Parties' representative or at the Contractor's home office or field office, which notice shall be effective on the date of service; or, 3. Facsimile to the Parties' representative or Contractor's home office or field office, which notice shall be effective upon receipt. MM. "Notice To Proceed." A written directive issued by the City authorizing the Contractor to perform some or all of the Work. NN. "Option." A unilateral right in the contract by which, for a specified time, the City may elect to purchase additional construction services, services, or supplies called for by the contract, or may elect to extend the term of the contract. 00. "Overhead." Charges that may be incurred or allocated in support of the Contract but are not part of the cost of directly performing the physical Contract construction activity. Overhead includes Site or Field Overhead and Home Office Overhead. Site or Field Office Overhead. a. Site or Field Overhead costs are typically those costs that are related to, but are not limited to supervision, including general foremen and their supervisors, planners, schedulers, engineers, managers, etc. and the direct payroll costs of their project - related service, clerical salaries and their direct payroll costs, the costs of all vehicles, travel, meal and lodging costs associated with those personnel, Site or Field office and utility expense, expenses associated with all regulatory compliance, Hand and Other Small Tools provided by the Contractor for the use of its forces, all expendable supplies, and all other items incidental to or integral in supporting the physical completion of the Work. 2. Home Office Overhead a. Home office Overhead costs are typically those that include all general office expenses. Such costs include, but are not limited to those associated with officer and office salaries and related payroll taxes and benefits, costs of office occupancy and maintenance, all supporting services (such as utilities, office machines computers, and related items and support) related to the home office function, business taxes and licenses, and all such other costs necessary to operate the business entity. Home office overhead includes unabsorbed home office overhead. In addition to the above, whether treated as Site or Field Overhead or as Home Office Overhead, costs of any and all bonds, insurance(s), and taxes associated with this Contract are to be considered as Overhead. All items as those identified above are to be treated as Overhead for this purpose regardless of how the Contractor chooses to account for them in its books of account. Under no circumstances shall City pay the Contractor for direct or allocated costs or charges for officer bonus and profit sharing, project personnel bonuses, charitable contributions, income taxes, or any costs relating to illegal activity. PP. "Owner or City." A public or quasi - public agency or authority, corporation, association, partnership, or individual for whom the Work is to be performed. Under this contract, the City is identified by name in the agreement. "City" or "Owner" may be used interchangeably and refer to the City of Port Angeles. QQ. "Parties." The Contractor and City. RR. "Person." The term, person, includes firms, companies, corporations, partnerships, and joint ventures, as well as persons. SS. "Project." All activity relative to this Contract including activity of the Contractor, its Subcontractors, and City. Contract No.WW01 -2014 Page 8 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions TT. "Protest." Contractor's disagreement with anything required in a change order, another written order, or an oral order from the Construction Manager per Section 00 07 10 - General Conditions, Part 5.9 - Procedures and Protest by the Contractor. UU. "Request for Change Order." A document, designated as a Request for a Change Order, prepared by the Contractor requesting either (1) a change in Contract Price; (2) a change in Contract Time; (3) a change in Contract Work; (4) a payment of money or damages; and /or, (5) any other relief arising out of or relating to this Contract. W. "Project Manual." Those contract documents prepared for bidding and as amended by addenda. See Contract. WW. "Provide." Furnish and install, complete in place. XX. "Punch List." List of incomplete items of Work and of items of Work which are not in conformance with the contract. The list will be prepared by the Construction Manager when the Contractor (1) notifies the Construction Manager in writing that the Work has been completed in accordance with the contract and (2) requests in writing that the City accept the Work. YY. "RCW." Abbreviation for the Revised Code of Washington. ZZ. "Request for Information." A request from the Contractor to City seeking an interpretation or a clarification of some requirement of the Contract Documents. AAA. "Shall." Denotes the imperative. BBB. "Shown." Refers to information presented on the drawings, with or without reference to the drawings. CCC. "Site" or "Project Site." The location, at which construction, equipment or services furnished by the Contractor under the Contract will be performed, completed and /or delivered. DDD. "Specifications." That part of the contract documents consisting of written descriptions of the technical features of materials, equipment, construction systems, standards, and workmanship. EEE. "Specify." Refers to information described, shown, noted or presented in any manner in any part of the contract. FFF. "Subcontractor." An individual, firm, partnership, or corporation having a contract, purchase order, or agreement with the Contractor, or with any Subcontractor of any tier for the performance of any part of the Contract. When City refers to Subcontractor(s) in this document, for purposes of this document and unless otherwise stated herein, the term Subcontractor(s) includes, at every level and /or tier, all subcontractors and subconsultants. GGG. "Submittals." The information which is specified for submission to the Construction Manager in accordance with Division 1 of the project manual. HHH. "Supplier(s)." Any person or firm who is not performing Work or supplying labor on Site and is engaged in the business of supplying a manufactured product or resource to City, Contractor, or Subcontractors. The term Suppliers includes materialmen, manufacturers, and fabricators. III. "Unusually Severe Weather Conditions." Defined and calculated as follows: Precipitation more severe than the adverse weather anticipated (greater than the 75th Percent Quantile of the days per month exceeding 0.01 and 0.1 inches of precipitation) for the Project location during any given month. Daily maximum temperature equal to or less than, 20 degrees F during a week when the maximum daily temperature never exceeds 35 degrees F. Contract No.WW01 -2014 Page 9 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 3. Daily maximum temperature equal to or less than, 25 degrees F during a week when the maximum daily temperature never exceeds 30 degrees F. 4. Daily maximum temperature equal to or less than, 15 degrees F at any time. 5. Daily maximum wind velocity equal to or greater than 50 mph at any time. Ice, snow and other weather conditions, not described above, may be considered as unusually severe at the sole discretion of City upon written request by the Contractor. Such written request shall describe in detail the weather conditions, identify the specific impacts resulting from the weather condition, and be submitted to City within five (5) days of the onset of the unusually severe weather condition. See Section 00 07 10, Article 4.05 of these General Conditions for more information. To preclude the difficulties of actual measurement, the parties hereto agree that weather data at the Site of the Work shall be expressly deemed to be the same as that measured at the City Port Angeles by the Environmental Data and Information Service of the National Oceanic and Atmospheric Administration (" NOAX) of the U.S. Departrneril of Commerce, unless otherwise specified in the Contract Document's technical specifications. Precipitation (such as rain, hail or snow), low temperature, windstorms, ice, and other conditions which could reasonably have been anticipated from the National Weather Service historical records for the general locality of the Work shall not be construed as unusually severe weather. For the purposes of this provision, a "month" shall mean a calendar month and a "week" shall mean a calendar week of Sunday through Saturday. dJJ. "Work." The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion and fulfillment of the contract. 1.02 INTENT AND INTERPRETATION OF THE DOCUMENTS A. The Contract Documents constitute the entire and integrated agreement between the parties hereto and supersede all prior negotiations, representations, or agreements, either written or oral. B. The Contract Documents shall not be construed to create a contractual relationship between any parties other than City and the Contractor. No contract between City and a third party shall be construed to create any duty on the part of City or such third party to the Contractor. The Contractor is not an intended or incidental beneficiary of any promises made in City's contract with a third party, if any. C. The Contract Documents are intended to be complementary. What is required by one part of the Contract shall be as binding as if required by all. Should any conflict or inconsistency be found in the Contract Documents, City shall resolve any such conflict or inconsistency in accordance with Section 00 07 10 - General Conditions, Article1.03 - Order of Precedence. D. The words "similar," "typical" (or their equivalents) shall mean nearly corresponding or having a likeness. Such words shall not be construed to mean that all parts of the Work referred to are identical or substantially identical, or that such elements of the Work are connected identically or substantially identically to the rest of the Work. The Contractor has the responsibility to determine all details of the Work in relation to their location and connection to other parts of the Work. The singular includes the plural and vice versa. Male includes female and vice versa. E. The organization of the specifications into divisions, provisions and articles and the organization of the drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Contract NoMIN01 -2014 Page 10 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 1.03 ORDER OF PRECEDENCE A. Any conflict or inconsistency between the terms or conditions of the Contract Documents shall be resolved by the following descending order of precedence (with 1 taking precedence over 2, 3, 4, 5, 6 and 7; 2 taking precedence over 3, 4, 5, 6 and 7; and so forth): 1. Change Orders; 2. The signed Public Works Contract; 3. Modifications by Addenda 4. The Supplemental Terms and Conditions, if any; 5. The General Terms and Conditions; 6. The Technical Specifications ( "Specifications "), Divisions 1 -17: provisions in Division 1 shall take precedence over provisions of any other Division; 7. Detail drawings; 8. Drawings; 9. All other Sections in Division 0 not specifically identified herein by Section. 1.04 HEADINGS The headings used in the contract are for convenience only and shall not be considered a part of or affect the construction or interpretation of any contractual provision therein. 1.05 CLARIFICATION OF DRAWINGS AND DETAIL DRAWINGS A. Where on any drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to other similar portions of the Work. Where ornament or other detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall apply to all other similar parts of the Work, unless otherwise indicated. B. With regard to drawings the following shall apply: Written dimensions shall be followed; drawings may not be to scale. 2. Figure dimensions on drawings shall govern over scale dimensions; and detail drawings shall govern over general drawings. 1.06 ERRORS AND OMISSIONS If the Contractor becomes aware of any errors or omissions in the Contract Documents or in the City's field work, it shall immediately inform the Construction Manager in writing. The Construction Manager will promptly review the matter and if it finds an error or omission has been made; it will determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of Work called for in the Contract, the City will issue an appropriate Change Order. After discovery by the Contractor of an error or omission, related Work performed by the Contractor shall be done at its risk unless authorized by the Construction Manager and approved by the City. PART 2 CITY 2.01 AUTHORITY OF THE CITY A. GENERAL: The City, acting through the City's Representative, shall be the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. It is expressly stipulated that the Drawings, Specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the means or method of performing Work except in those instances where the nature of the completed Work is dependent on the method of performance. B. AUTHORITY OF CITY'S REPRESENTATIVE Contract No.WW01 -2014 Page 11 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions GENERAL. The City's Representative or the City's Representative's designee shall act on behalf of the City on change orders, extensions in time, progress payments, contract interpretation and administrative decisions, acceptability of the Contractor's work, early possession, assessment of damages and all other matters related to administration of this Contract. CHANGE ORDERS. The City's Representative or the City's Representative's designee shall accept or reject change orders. 3. PROGRESS PAYMENTS. The City's Representative or the City's Representative's designee shall accept or reject requests for progress payments which have been submitted by the Contractor. 4. BLANK- Section left intentially blank. 5. ACCEPTABILITY OF WORK. The City's Representative or the City's Representative's designee shall make determinations of the acceptability of the Work. The City's Representative or the City's Representative's designee also shall accept or reject the Construction Manager's recommendations regarding retention of defective work as provided in Section 00 07 10 - General Conditions, Article 4.09 - Correction of Work or Damaged Property. 6. BLANK- Section left intentially blank. 7. ASSESSMENT OF DAMAGES. The City's Representative or the City's Representative's designee shall determine amounts to be assessed as damages hereunder. C. BLANK- Section left intentially blank D. USE OF CONTRACTOR'S PLANT AND EQUIPMENT The City's Representative shall have the right to make use of the Contractor's plant and equipment for the performance of Work at the site. The City agrees that such use of plant and equipment will be considered as extra work and paid for accordingly, unless such use is necessary to protect or preserve the Work from damage threatened or caused by acts of Nature or Contractor breach of contract. 2.02 INFORMATION SUPPLIED BY CITY A. Unless otherwise specifically provided in the Contract, surveys and site information provided by City are intended to describe the general physical characteristics of the Site. City does not represent that this information is complete or sufficient for the Contractor's performance of the Work. B. City shall furnish to the Contractor ten copies of the Contract Documents. This will include ten copies of the drawings in half size (11" x 17 ") and two sets of drawings at full size (22" x 34 "). The Contractor shall pay City for any additional copies of Contract Documents. C. All drawings, models, and specifications furnished by City are solely for use on this Contract and are not to be used by the Contractor on any other work or project. 2.03 WORK BY CITY OR SEPARATE CONTRACTORS City reserves the right to perform Work not included in the Contract or to let other contracts in connection with this Project. PART3 CONTRACTOR 3.01 CONTRACTOR REPRESENTATIONS The Contractor makes the following representations to City: A. Before submission of its bid, the Contractor has: Contract No.WW01 -2014 Page 12 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 1. Carefully reviewed the Contract Documents, and visited and examined the Site; 2. Become familiar with the general and local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of Contract Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the overhead, surface and reasonably ascertainable subsurface conditions and other matters that may be encountered at the Site or affect performance of the Contract Work or the cost or difficulty thereof; 3. Become familiar with and satisfied itself as to the conditions bearing upon transportation, disposal, handling, and storage of materials; and 4. Become familiar with and satisfied itself as to the availability of labor, water, electric power, and roads; and the uncertainties of traffic, weather, river stages, tides, or similar physical conditions at the site. Any failure of the Contractor to take the action described in this provision or elsewhere in the Contract Documents will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to City; B. The Contract Price is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work as represented by the Contract, site visit, and the general conditions (including but not limited to weather, site, soil) known or reasonably anticipated for the Site; C. The Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform the Contractor's obligations required by the Contract; D. The Contractor is able to furnish plant, tools, material, supplies, equipment, and labor required to complete the Work and perform the obligations required by the Contract and has sufficient experience and competence to do so; and E. The Contractor shall perform at the Site, and with its own forces, work equivalent to at least twenty percent (20 %) of the Contract Price. F. In addition to other warranties contained in the Contract Documents, the Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Port Angeles by obtaining a City of Port Angeles business registration. 3.02 GENERAL DUTIES A. The Contractor shall give sufficient supervision to the Work, using its best skill and attention. The Contractor is on notice that City will be relying on the accuracy, competence and completeness of the Contractor's work. The Contractor shall supervise and be solely responsible for the proper performance of the Work in accordance with the Contract, including the construction means, methods, techniques, sequences, procedures, and for coordination of all portions of the Work. B. Unless specified elsewhere in the Contract, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction machinery, utilities, transportation, and other facilities and services (including federal and state tax, industrial insurance, social security liability and all other applicable taxes) necessary for the proper execution and completion of the Work. C. The Contractor shall also provide sufficient staffing and supervision to process Requests for Information, Change Proposals, Submittals, Change Orders, close out documentation, and to perform all other requirements of the Contract and all Work. Contract NoMW01 -2014 Page 13 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions D. The Contractor shall lay out its Work from baselines and benchmarks indicated in the Contract, if any, and shall be responsible for the accuracy of all field measurements and surveys used in the lay out. 3.03 DUTY TO INSPECT CONTRACT DOCUMENTS A. The Contractor shall carefully study and compare all Contract Documents and check the conditions, dimensions, and instructions as stated therein. Contractor will not be required to provide professional services which constitute the practice of architecture and engineering except to the extent provided for in the technical specifications and drawings. B. The Contractor shall immediately notify City in writing of any: Error, inconsistency, or omission in the Contract Documents that a reasonable contractor knew or through the exercise of reasonable diligence should have discovered under the same and similar circumstances; Requirement in the Contract Documents that conflict with any local, state, and federal laws, regulations and /or permits, licenses, and easement conditions that a reasonable contractor knew or through the exercise of reasonable diligence should have discovered under the same and similar circumstances. C. The Contractor should not proceed with the work in question until the Contractor receives written direction from the Construction Manager. D. If the Contractor proceeds with the work in question without written direction from the Construction Manager, the Contractor shall be responsible for any costs or damages associated with: Fines or penalties; 2. Demolition, tear out, removal, cleanup, remediation, or fixing the work in question; and 3. Delay, disruption, and loss of productivity. 3.04 OWNER- CONTRACTOR COORDINATION A. Service of Notice. Any notice, order, direction, request or other communication given by the Owner's Representative to the Contractor will be deemed to be well and sufficiently given to the Contractor if left at any office used by the Contractor or delivered to any of its officers, clerks or employees or posted at the site of the work or mailed to any post office addressed to the Contractor at the address given in the Contract or mailed to the Contractor's last known place of business. If mailed, any form of communication will be deemed to have given to and received by the Contractor a day after the day of mailing as evidenced by the postmark date. B. Suggestions to Contractor. Any plan or method of Work suggested by any representative of the Owner to the Contractor but not specified or required by the Contract Documents, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner's assume no responsibility therefor and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of Work. C. BLANK- Section left intentially blank D. Cooperation of Others. 1. The Contractor agrees to permit entry to the site of the Work by the Owner's Representative, the Construction Manager, other employees of the Owner, representatives of federal, state or local agencies, or other contractors performing Work on behalf of the Owner. The Contractor shall cooperate with the Owner, other contractors and their employees and shall arrange its Work and dispose of its materials in such a manner as not to interfere with the activities of the Owner or of Contract No.WW01 -2014 Page 14 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions others upon the site of the Work. The Contractor shall promptly make good any Contractor - caused injury or damage that may be sustained by other contractors or employees of the Owner and other agencies. The Contractor shall coordinate its Work with that of others and perform its Work in proper sequence in relation to that of others. 3.05 COMMUNICATIONS A. The Contractor must designate, in writing, its Contractor's Representative who is responsible for administering the Contract and has the authority to bind and obligate the Contractor in the performance of the Work. The Contractor's Representative shall be identified in the Contract. B. Communication with the Contractor shall be through the Contractor's Representative. C. The Contractor shall notify City immediately if the Contractor's Representative is changed and identify the name of the new Contractor's Representative and effective date of the change. 3.06 CONTRACTOR'S SUPERVISION AND EMPLOYEES A. Contractor shall provide qualified and competent people to administer the contract and perform all the Work. B. During performance of the Work the Contractor shall have supervisory personnel on -site and available to administer, manage and coordinate the Work. City shall not be responsible for the acts or omissions of the supervisory personnel or their assistants. C. The Contractor shall at all times enforce good order among all persons furnishing labor or materials on -site and shall only employ workers skilled in the Work assigned. 1. Workers shall have sufficient knowledge, skill and experience to perform properly the Work assigned to them. The Contractor's and its subcontractor's employees shall be properly licensed, registered or certified, as applicable, to perform their assigned Work. Upon request of the Project Manager, the Contractor shall provide copies of licenses, registrations or certifications held by its employees. In addition, any such employee determined by the Project Manager in writing not to be sufficiently qualified to perform assigned Work or not to be appropriately cooperative with the Project Manager shall be removed by the Contractor from all Work under this Contract. 2. City shall also have the right to order the Contractor to replace personnel who demonstrate unprofessional behavior. 3. Failure by City to require removal of any Contractor personnel shall not be deemed an admission that any such personnel are satisfactory, nor shall such failure relieve the Contractor from any contractual responsibility. 3.07 PAYMENT FOR LABOR AND MATERIALS A. The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including workers compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by it and its subcontractors during the performance of Work under this Contract. Such accounts shall be paid by the Contractor as they become due and payable. If requested by the Project Manager, the Contractor shall promptly furnish proof of payment of such accounts. 3.08 CONTRACTOR'S DUTY WHEN CITY PERFORMS WORK ON -SITE A. Section left intentially blank. 3.09 SUBCONTRACTORS AND SUPPLIERS A. This Contract is between City and the Contractor. Contract No.WW01 -2014 Page 15 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions Notwithstanding Article 3.09.B.3, Selection of Subcontractors and Suppliers, the Contractor's subcontracting shall not create a contract between City and the Subcontractor and Suppliers. Subcontractors and Suppliers are not intended as incidental third party beneficiaries to the Contract. The Subcontractor and Suppliers shall have no rights against City by reason of its subcontract with the Contractor. 2. The Contractor will be responsible for performing all Work as required by the Contract. The Contract has not been written with the intent of, and City shall not be a party to, defining the division of Work between the Contractor and its Subcontractors and Suppliers. 3. The Contractor shall be responsible for all Work and material furnished, and no subcontract shall in any case release the Contractor of its obligations or liability under this Contract and the Performance and Payment Bond. B. Selection of Subcontractors and Suppliers Subcontractors and Suppliers shall be properly licensed, registered or certified, as applicable, and capable to perform the assigned Work. 2. If requested by City, the Contractor shall provide documentation that the proposed Subcontractors and Suppliers are experienced and equipped to do the Work. 3. The Contractor shall require each Subcontractor and Supplier to comply with all provisions of this Contract. At the request of Subcontractors or Suppliers, Contractor shall make available for copying all Contract Documents. C. Responsibility for Work of Subcontractors and Suppliers The Contractor shall be responsible for the acts and omissions of Subcontractors and Suppliers. The Contractor shall also be responsible for the suitability of any materials, components, equipment or supplies furnished by a Subcontractor and /or Supplier irrespective of whether such were designated or approved by City. 3.10 SCHEDULE OF WORKING HOURS A. Section left intentially blank. III, 'LVIII &I A. Section left intentially blank. 3.12 COST RECORDS A. The Contractor, Subcontractors, and Suppliers shall maintain Project cost records by cost codes and shall segregate and separately record at the time incurred all costs (1) directly associated with each work activity and (2) directly or indirectly resulting from any event or condition for which the Contractor seeks an adjustment in the Contract Price, Contract Time, and /or damages. 1. Any costs claimed to result from any such event or condition, including, but not limited to, delay and impact costs, acceleration costs, loss of productivity or efficiency, and increased or extended overhead shall be recorded at the time incurred and be fairly and reasonably allocated to each such event or condition and to other causes of such costs. 2. City shall be provided with a detailed description of all such costs and the basis of allocation. The Contractor, Subcontractors, and Suppliers shall maintain a monthly summary of all costs and shall make all underlying cost records and monthly summary of costs available for review, inspection, and copying by City upon request. Contract No.WW01 -2014 Page 16 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 3. Any Work performed for which the Contractor intends to seek an adjustment in Contract Price and /or Contract Time shall be recorded on the same day the Work is performed and kept separate so as to distinguish it from Contract Work. B. In addition to the requirements set forth in Articles 5, Changes to the Contract, and 6, Time and Price Adjustments, the Contractor shall be entitled to extra compensation for an event or condition and /or the recovery of damages only to the extent that the Project cost records are kept in full compliance with all Contract requirements and the cost allocations support entitlement to such compensation. 3.13 MAINTENANCE AND INSPECTION OF DOCUMENTS A. All Contractor's, Subcontractors', and Suppliers' documents and records relating to the Contract shall be open to inspection, audit, and /or copying by City or its designee: 1. During the Contract Time; and 2. For a period of not less than six years after the date of Final Acceptance of the Contract ( "Preservation Period "); or if any Claim, audit or litigation arising out of, in connection with, or related to this Contract is initiated, all documents shall be retained until such Claim, audit or litigation involving the records is resolved or completed, whichever occurs later. B. The Contractor shall also guarantee that all Subcontractor and Supplier documents shall be retained and open to similar inspection, audit and /or copying during the Contract Time and also the Preservation Period. The Contractor, Subcontractor, and Supplier shall use its best efforts to cooperate with the inspection, auditing, and /or copying. C. Inspection, audit, and /or copying of all documents described herein, may be performed by City or its designee at any time with not less than seven (7) days Notice. Provided however, if an audit or inspection is to be commenced more than sixty (60) days after the Final Acceptance date of the Contract, the Contractor will be given twenty (20) days Notice of the date of the audit. D. The Contractor, Subcontractors, and Suppliers shall provide adequate facilities, acceptable to City, for inspection, auditing, and /or copying during normal business hours. E. If the Contractor is formally dissolved, assigns or otherwise divests itself of its legal capacity under this Contract, then it shall immediately notify City and preserve such records, at its expense, as directed by City. F. The Contractor, Subcontractor, and Supplier, shall be subject to audit at any time with respect to this Contract. Failure to maintain and retain sufficient records to allow City to verify all costs or damages or failure to permit City access to the books and records shall constitute a waiver of the rights of the Contractor Subcontractor and Supplier to Claim or be compensated for any damages, additional time or money under this Contract. G. At a minimum, the following documents, including the machine readable electronic versions, shall be available for inspection, audits, and /or copying: 1. Daily time sheets and all daily reports, Supervisor's reports, and inspection reports; 2. Collective bargaining agreements; 3. Insurance, welfare, and benefits records; 4. Payroll registers; 5. Earnings records; 6. All tax forms, including payroll taxes; 7. Material invoices and requisitions; 8. Material cost distribution worksheet; Contract No.WW01 -2014 Page 17 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 9. Equipment records (list of Contractor's, Subcontractors', and Suppliers' equipment, rates, etc.); 10. Contracts, purchase orders and agreements between the Contractor and each Subcontractor and Supplier; 11. Subcontractors' and Suppliers' payment certificates; 12. Correspondence, including email, with Subcontractors and /or Suppliers; 13. All meeting notes by and between Contractor, Subcontractors, Suppliers and /or any third parties related to the Project; 14. Canceled checks (payroll and vendors); 15. Job cost reports, including monthly totals; 16. Job payroll ledger; 17. Certified payrolls; 18. General ledger; 19. Cash disbursements journal; 20. Escrow bid documents, take off sheets, and calculations used to prepare the bid and /or quotes; 21. Take off sheets, calculations, quotes, other financial data to support change proposals, request for change order and /or claims; 22. Financial statements for all years during the Contract Time. In addition, City may require, if it deems appropriate, additional financial statements for 3 years preceding execution of the Contract and 6 years following Final Acceptance of the Contract; 23. Depreciation records on all Contractor's, Subcontractor's, and Supplier's equipment, whether these records are maintained by the Contractor, Subcontractors, and Suppliers involved, its accountant, or others; 24. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents; 25. All documents which relate to each and every Claim together with all documents which support the amount of damages as to each Claim; 26. Worksheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, Suppliers, all documents which establish time periods, individuals involved, the hours for the individuals, and the rates for the individuals; 27. Worksheets, software, and all other documents used (a) by the Contractor to prepare its bid and schedule(s) and /or (b) to prepare quotes and bids to the Contractor; 28. All schedule documents, including electronic versions, planned resource codes, or schedules and summaries; 29. All submittals; and, 30. All other documents, including email, related to the Project, Claims, or Change Orders. Contract No.WW01 -2014 Page 18 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions H. The Contractor shall mark any documentation it considers proprietary or confidential accordingly. Such information will be treated as such by City; however, City cannot ensure that this information will not be subject to release pursuant to a public records request. In the event City receives a request for such information, City will immediately advise the Contractor and will not release the requested information for a period of not _ less than ten (10) days in order to give the Contractor an opportunity to obtain a court order prohibiting the release of the information in response to the public records request. 3.14 MAINTENANCE AND SITE CLEANUP A. The Contractor shall at all times keep the Site, access points, and public rights -of -way free from accumulation of dirt, mud, waste materials or rubbish caused by the Contractor or Subcontractors. At the completion of the Contract Work, the Contractor shall remove and lawfully dispose of all its dirt, mud, waste materials, rubbish, tools, scaffolding and surplus or partly used materials from the Site and shall leave the Site broom clean unless some stricter standard is specified in the Contract. B. The Contractor shall obey all applicable laws and regulations relating to the storage, use, and disposal of Hazardous Materials. The Contractor shall promptly notify City of all Contractor or Subcontractor caused spills or releases of Hazardous Materials, and pay the cost to promptly clean up all such spills or releases and any associated fines or penalties. The Contractor shall maintain documentation of the cleanup and disposal all Contractor or Subcontractor caused spills or releases of Hazardous Materials. C. In case of a dispute over clean up, City may, after written Notice to the Contractor, sweep surfaces or remove the dirt, mud, waste materials, rubbish, or hazardous materials and charge all reasonable costs of such Work to the Contractor. City may charge the Contractor or deduct such costs from payments otherwise due the Contractor pending a resolution of the dispute or exercise its rights under the Performance and Payment Bond. If there are insufficient funds remaining, excluding retention, the Contractor shall pay City for the costs associated with maintenance and site cleaning. 3.15 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES, AND IMPROVEMENTS A. Contractor shall protect from damage all existing structures, curbs, gutters, sidewalks, equipment, improvements, utilities, trees, and vegetation not shown in the Contract Documents to be removed or modified at or near the Site. Contractor shall repair, at no cost to City, any such damage resulting from failure to comply with the requirements of the Contract or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, City may have the necessary Work performed and deduct or charge the cost to Contractor or exercise its rights under the Performance and Payment Bond. If there are insufficient funds remaining, excluding retention, the Contractor shall pay City for the costs associated with protection and repairing the damages. 3.16 PERMITS, LAWS AND REGULATIONS A. Section left intentially blank. B. Section left intentially blank. C. The Contractor shall perform all Work hereunder in full compliance with local, state and federal laws, ordinances, resolutions and regulations, and with permit, license, easement, and variance conditions pertaining to the conduct of the Work. The Contractor shall - defend, indemnify, and hold City, its elected officials, officers, agents and employees harmless from any assessment of fines, penalties, or damages arising from violations of the same by the Contractor or Subcontractors. The Contractor shall pay and provide proof of payment for any assessments of fines, penalties or damages. The Contractor shall cooperate with all governmental entities regarding inspection of the Work and compliance with such requirements. Contract No.WW01 -2014 Page 19 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions D. Taxes. General. The Contractor is required to pay all applicable taxes. No adjustment will be made in the amount to be paid by City under the Contract because of any change in law or regulations covering any applicable taxes, or because of any misunderstanding by the Contractor as to its liability for or the amount of any taxes. The Washington State Department of Revenue has issued special rules designed to assist the Contractor in accurately reporting to the Department of Revenue the Contractor's tax liability. Although information may be included in the Contract regarding the application of State taxes to a particular Contract or Bid item, it shall be the Contractor's responsibility to apply the correct interpretation of the laws and regulations relating to such taxes. No adjustments will be made to the amount to be paid by the Owner under the Contract because of any misunderstanding by the Contractor as to the Contractor's liability for, or the amount of, any taxes. If the Contractor is in doubt as to the tax procedures in any particular case, the Contractor shall consult with the Washington State Department of Revenue. 2. State Sales Tax - Rule 171. WAC 458 -20 -171 and its related rules apply to building, repairing, or improving streets, roads, etc., that are owned by a municipal corporation, or political subdivision of the State, or by the United States, and that are used, primarily, for foot or vehicular traffic. For Work performed in such cases, labor and service changes are not subject to the retail sales tax and no such tax on labor and service charges shall be included in bid prices and other contract amounts. The Contractor is responsible for paying retail sales tax on Materials, equipment, and supplies used or consumed in doing the Work or used in such projects, and shall pay retail sales tax on the purchase of such materials. The Contractor shall include such retail sales taxes on Materials, equipment, and Supplies in the various Bid item prices and other Contract amounts. 3. State Sales Tax - Rule 170. WAC 458 -20 -170, and its related rules, applies to the constructing and repairing of new or existing buildings, or other structures, upon Real Property. For Work performed in such cases, the Contractor shall collect from the Owner retail sales tax on the full Contract price. The Owner will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the Bid item prices, or in any other Contract amount subject to Rule 170, except as provided below. 4. Exception: The Owner will not add in sales tax for a payment the Contractor or a Subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable Supplies not integrated into the project. Such sales taxes shall be included in the Bid item prices or in any other Contract amount. 5. Services. The Contractor shall not collect retail sales tax from the Owner on any Contract wholly for professional or other services (as defined in State Department of Revenue Rules 138 and 224). 3.17 PATENTS AND ROYALTIES A. The costs or fees relating to royalties or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the Work under this Contract or with the use of completed Work by City shall be paid by the Contractor. The Contractor and its sureties shall protect and hold City, and its elected officials, officers, agents and employees, harmless against any and all demands made for such fees or claims brought or made by or on behalf of the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if Contract No.WW01 -2014 Page 20 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions requested by City, furnish acceptable proof of a proper release from all such fees or claims. B. Should the Contractor, its agent, representatives or employees, or any of them, be enjoined from furnishing or using any invention, article, material or appliances supplied or required to be supplied or used under the Contract, the Contractor shall promptly notify City of the Contractor's intent to substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to City. In the event City elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, material or appliances as may be required to be supplied by the Contract, the Contractor shall pay all royalties and secure such valid licenses as may be requisite and necessary for City, its elected officials, officers, agents and employees, or any of them to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in that event City shall have the right to make such substitution or City may pay such royalties and secure such licenses and charge the Contractor, even though final payment under the Contract may have been made. 3.18 CONTRACTOR'S CERTIFICATION A. Conflict of Interest The Contractor certifies (and shall require each Subcontractor to certify) that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any such interest, which conflicts in any manner or degree with the Work, services or materials required to be performed and /or provided under this Contract and that it shall not employ any person or agent having any such interest. In the event that the Contractor or its agents, employees or representatives acquires such a conflict of interest, the Contractor shall immediately disclose such interest to City and take action immediately to eliminate the conflict or to withdraw from this Contract, as City may require. B. Contingent Fees and Gratuities The Contractor, by entering into this Contract with City to perform or provide Work, services or materials, has thereby covenanted: 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor has been or will be employed or retained to solicit or secure this Contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee may be paid; and, 2. That no gratuities, in the form of entertainment, gifts or otherwise, have been or will be offered or given by the Contractor or any of its agents, employees or representatives, to any official member or employee of City or other governmental agency with a view toward securing this Contract or securing favorable treatment with respect to the awarding or amending thereof, or the making of any determination with respect to the performance of this Contract. The Contractor certifies that it has not made any contributions to any person or entity as a condition of doing business with City and it has disclosed to City all attempts by any person to solicit such payments. 3.19 DEVIATION FROM CONTRACT A. The Contractor shall not make an alteration, variation, addition, deviation, or omission from the requirements of the Contract without the prior written consent of the City. B. Any alteration, variation, addition, deviation, or omission by the Contractor shall not result in any extra compensation or extension of time. Contract No.WW01 -2014 Page 21 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions C. City shall have the right to treat any alteration, variation, addition, deviation, or omission from the requirements of the Contract as a contract breach if prior written consent is not obtained from the City. 3.20 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS A. Section left intentially blank. 3.21 CONTRACTOR'S OVERALL RESPONSIBILITY FOR PROTECTION OF WORK, PROPERTY, AND PERSONS A. The Contractor shall be responsible for conditions of the Site, including safety of all persons and property, during performance of the Work. The Contractor shall maintain the Site and perform the Work in a manner which meets all statutory and common law requirements or other specific contractual requirements for the provision of a safe place to work and which adequately protects the safety of all persons and property on or near the Site. This obligation shall apply continuously and shall not be limited to normal working hours. City's inspection of the Work or presence at the Site does not and shall not be construed to include review of the adequacy of the Contractor's safety measures in, on or near the site of the Work. B. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including adequate safety training, in connection with the Work. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. C. The Contractor shall protect and be responsible for any damage or loss to the Work or to the materials and equipment associated with the Work until the date of Substantial Completion. The Contractor remains responsible for any damage or loss to the extent caused directly or indirectly by the acts or omissions of the Contractor, Subcontractors, Suppliers, or third parties authorized or allowed on the Site by the Contractor until Final Acceptance. D. The Contractor shall also be responsible for damages that affect property adjacent to the Site to the extent those damages are the result of Contractor's negligence or wilfull misconduct. E. The Contractor shall repair or replace without cost to City any damage or loss that may occur, except damages or loss caused by the acts or omissions of City, in which event, the Contractor and the City shall bear the costs in proportion to the extent to which their respective actions caused the damage or loss. F. The Contractor shall erect and maintain adequate steel plates, signs, fencing, barricades, lights or security measures and persons to protect the Work until the Construction Manager authorizes in writing the removal of signs, fencing, barricades, lights or security measures. 3.22 PUBLIC SAFETY AND CONVENIENCE A. The Contractor shall conduct its Work so as to ensure the least possible obstruction to vehicular traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons, property and natural resources. No road or street shall be closed to the public except with the permission of the Project Manager and the proper governmental authority. Fire hydrants on or adjacent to the Work shall be accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to ensure the safe use of sidewalks, private and public driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses, if any, on the work site. Contract No.WW01 -2014 Page 22 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 3.23 PROTECTION OF PERSONS A. The Contractor shall take all reasonable precautions for the safety of all employees working on this Contract and all other persons who may be affected by such Work. The Contractor shall designate a responsible member of its organization at the Site whose duty shall be to manage and coordinate the safety programs and to prevent accidents of the Contractor and Subcontractors. B. Except as otherwise stated in the Contract, if the Contractor encounters, on the Site, material reasonably believed to be Hazardous Material, that Contractor shall immediately stop Work in the area affected and give Notice of the condition to City. Work in the affected area shall not be resumed without written direction by City. C. Section left intentially blank. D. In order to protect the lives and health of persons performing Work under this Contract, the Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (OSHA), including all revisions, amendments and regulations issued thereunder, and the provisions of the Washington Industrial Safety Act of 1973 (WISHA), including all revisions, amendments and regulations issued thereunder by the Washington State Department of Labor and Industries. The WISHA regulations shall apply, without limitation, to all excavation, tunneling, trenching and ditching operations. In case of conflict between any such requirements, the more stringent regulation or requirement shall apply. There is no acceptable deviation from these safety requirements, regardless of practice in the construction industry. Any violation of OSHA, WISHA or other safety requirements applicable to the Work may be considered a breach of this Contract. 3.24 SAFETY PROGRAM A. The Contractor shall prepare and provide to City a written site specific "Safety Program" demonstrating the methods by which all applicable safety requirements of this Contract will be met. The Contractor shall ensure its Subcontractors and Suppliers have a written "Safety Program" or formally adopt the Contractor's site specific "Safety Program." The Contractor shall designate a Safety Officer who shall be responsible for proper implementation of the "Safety Program." The Contractor shall submit a copy of its "Safety Program" and the Subcontractor's "Safety Program" to City within fourteen (14) days after the Contractor signs the Contract. City's review of such programs shall not be deemed to constitute approval or acceptance thereof and shall nFot relieve or diminish the Contractor's sole responsibility for Site safety. 3.25 SANITATION The Contractor shall comply with WAC 296- 155 -140 establishing sanitation standards in the construction industry. 3.26 HAZARDOUS WASTE AND MATERIALS A. Section left intentially blank. 3.27 STORAGE OF CONTRACTOR'S PROPERTY A. Section left intentially blank. 3.28 ARCHAEOLOGICAL AND HISTORICAL PRESERVATION A. Section left intentially blank. 3.29 WATER POLLUTION CONTROL REQUIREMENTS A. Section left intentially blank. 3.30 UTILITIES A. Section left intentially blank. 3.31 EASEMENTS A. Section left intentially blank. Contract No.WW01 -2014 Page 23 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions PART 4 ADMINISTRATION OF THE CONTRACT 4.01 TIME OF ESSENCE All time requirements set forth in the Contract Documents are of the essence. 4.02 NOTICE TO PROCEED After execution of the contract by the owner, written notice to proceed will be given by the owner to contractor. Notwithstanding other provisions of the contract, the contractor shall not be obligated to perform Work, and the owner shall not be obligated to accept or pay for Work performed by the contractor, prior to date of the notice to proceed. The owner's knowledge of Work being performed prior to date of the notice to proceed shall not obligate the owner to accept or pay for such Work. 4.03 WORK PROGRESS A. The Contractor shall be required to: Prosecute the Work diligently with adequate forces; Plan, coordinate, and layout the Work in advance so as to avoid delay; Achieve all applicable milestones 4.04 SCHEDULE OF VALUES A. Section left intentially blank. 4.05 PROJECT SCHEDULE A. Section left intentially blank. 4.06 SUBMITTALS A. Section left intentially blank. 4.07 REQUESTS FOR INFORMATION A. If the Contractor determines that some portion of the drawings, specifications or other Contract Documents require clarification or interpretation by City because of an apparent error, inconsistency, omission, or lack of clarity in the Contract, the Contractor shall promptly submit a Request For Information ( "RFI ") and, unless otherwise directed, shall not proceed with the affected Work until City has responded to the RFI. The Contractor shall plan its Work in an efficient manner so as to allow for timely responses to RFIs. B. RFIs shall only be submitted by the Contractor on a RFI Form provided by City or in a form acceptable to City. The Contractor shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response is needed by City. In the RFI the Contractor shall set forth its own interpretation or understanding of the requirement along with reasons why it reached such an understanding. C. City will review RFIs to determine whether they meet the requirements identified above in Section 00710 - General Conditions, Article 4.07 - Requests for Information, paragraph B to qualify as an RFI. If City determines that the document is not an RFI it will be returned to the Contractor unreviewed as to content. When appropriate the Contractor may resubmit the RFI on the proper form, with all required information and in the proper manner. D. City shall respond in writing with reasonable promptness to Contractor's RFI. The Contractor shall prioritize its RFIs, identify a date by which the Contractor prefers the RFI be answered, and reasons for such priority. 2. If the Contractor submits a RFI on an activity less than fourteen (14) days prior to the commencement of that activity, the Contractor shall not be entitled to any time extension or adjustment in Contract Price due to the time it takes City to respond to the RFI provided that City responds within fourteen (14) days. No delay to the Contractor's Work or damages to the Contractor shall be attributable to the failure Contract No.WW01 -2014 Page 24 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions by City to respond to the RFI until fourteen (14) days after City's receipt of the RFI, and then only if the failure by City to respond is unreasonable and affects the Contract completion date. E. City's response to a RFI by itself shall not be considered a change to the Contract requirements. However, City's response may be accompanied by a Request for Change Proposal when a change is recognized. If no such indication is provided, to the extent the Contractor believes that City's response to the RFI constitutes changed work impacting Contract Price or Contract Time, the Contractor shall submit a Contractor's Request For Change Order to City in accordance with Articles 5, Changes to the Contract. 4.08 TESTS, INSPECTIONS, AND ACCESS TO THE WORK A. Contractor shall be responsible for inspection and quality control /assurance of all its Work and all Work performed by any Subcontractor. The Contractor shall document and maintain an adequate testing and inspection program and perform such tests and inspections as are necessary or required to ensure that the Work conforms to the requirements of the Contract. The Contractor shall maintain all documentation related to testing and inspection and make such documentation available to City at its request. Unless otherwise provided, Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to City, or with the appropriate public authority. If any governmental, regulatory, or permitting authority requires any portion of the Work to be inspected, tested, or approved, the Contractor shall make all arrangements for and cooperate with such inspections, tests, and approvals so as not to delay completion of the Contract Work. The Contractor shall bear all related costs of tests, inspections, and approvals. The Contractor shall give City at least three (3) days Notice of: (1) when the Work is ready to be tested and inspected and (2) when and where tests and inspections are to be made. Contractor shall maintain complete inspection records and make them available to City upon request. B. The Contractor shall cooperate with City in the performance of any tests and inspections of the Work. The Contractor has the duty to coordinate all tests and inspections in a manner, which does not negatively impact Contractor's compliance with the Contract. C. If any Work required to be inspected, tested, or approved is covered without such inspection, testing or approval being obtained, it must, if requested by City, be uncovered for observation, and such uncovering shall be at Contractor's expense. D. Upon request by City any Work, not otherwise required to be inspected or tested, shall be uncovered by the Contractor. If the Work is found to comply with the Contract or if any non - compliance was not caused by the Contractor, Subcontractor, or Supplier, City will (1) pay the costs of testing and inspection; (2) pay the costs associated with the uncovering and recovering of the Work; and, (3) adjust the Contract Time to the extent the inspection and repair impacted the Project Schedule and delayed completion of the Work, otherwise the Contractor shall bear such costs as well as all costs of correction and the Contractor shall not be entitled to an adjustment in Contract Time. E. City may, at any reasonable time and at its own cost, conduct inspections and tests as it deems necessary to ensure that the Work is in accordance with the Contract. City shall promptly notify Contractor if an inspection or test reveals that the Work is not in accordance with the Contract. City inspection and tests are for the sole benefit of City and do not: 1. Constitute or imply acceptance; 2. Relieve Contractor of responsibility for providing adequate quality control measures; 3. Relieve Contractor of responsibility for risk of loss or damage to the Work, materials, or equipment; Contract No.WW01 -2014 Page 25 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 4. Relieve Contractor of its responsibility to comply with the requirements of the Contract; or, 5. Impair City's right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled. F. Neither observations by an inspector retained by City, the presence or absence of such inspector on the Site, nor inspections, tests, or approvals by others, shall relieve Contractor from any requirement of the Contract. Inspectors are not authorized to change any term or condition of the Contract. G. Contractor shall promptly furnish, without additional charge, all facilities, labor, material and equipment reasonably needed for performing such safe and convenient inspections and tests as may be required by City. City may charge Contractor any additional cost of inspection or testing when Work is not ready at the time specified by Contractor for inspection or testing, or when prior rejection makes reinspection or retest necessary. City shall perform its inspections and tests in a manner that will cause no undue delay in the Work. H. In cases where compliance with contract requirements for materials to be incorporated in the Work requires laboratory examination or special testing, the Contractor shall provide samples or specimens as requested by the Construction Manager. Such samples or specimens shall be provided in ample time to permit making proper test analysis and examinations before the time at which it is desired to incorporate the material into the Work. Tests of material will be conducted in accordance with the technical specifications. In the absence of a specific test requirement, the Construction Manager will determine the appropriate standard test to be used. I. In cases where compliance of materials or equipment to contract requirements is not readily determinable through inspection and tests, the Construction Manager 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, materials of construction and the physical or chemical characteristics of materials. All costs associated with such certification shall be paid by the Contractor. 4.09 CORRECTION OF WORK OR DAMAGED PROPERTY A. If material, equipment, workmanship, or Work proposed for, or incorporated into the Work, does not meet the Contract requirements or fails to perform satisfactorily, City shall have the right to reject such Work by giving the Contractor written Notice that such Work is either defective or non - conforming. 1. City, at its option, shall require the Contractor, within a designated time period as set forth by City, to either a. Promptly repair, replace or correct all Work not performed in accordance with the Contract at no cost to City; or b. Provide a suitable corrective action plan at no cost to City. 2. Once the corrective action plan is reviewed and returned by City with the annotation "no exception taken" or "note markings" by City, the Contractor shall implement the corrective action plan. a. Review and providing comments on the corrective action plan is not an acknowledgement by City that such plan is adequate to remedy the defective or non - conforming Work. If the corrective action plan does not remedy the defective or non - conforming Work, the Contractor shall remain responsible for remedying of the defective or non - conforming Work to City's satisfaction. Contract No.WW01 -2014 Page 26 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 3. The Contractor shall also be responsible for all repairs to or compensation for any property and work damaged by the Contractor. 4. Under no circumstances shall the Contractor be entitled to additional time or money for the correction of defective or non - conforming Work or for the repair of damaged property. City shall not be responsible for any costs to prepare corrective action plans, correct Work or repair damaged property. B. If the Contractor does not repair, replace or correct and /or remove defective or non- conforming Work or repair damaged property as required by City, in manner and /or schedule, City or City's designee may repair, replace or correct and /or remove it and deduct the cost of such effort from any payment due the Contractor. 1. If the remaining payments due the Contractor are not sufficient to cover City's cost of remedying the defective or non - conforming Work, the Contractor shall pay the difference to City. C. The Contractor shall be liable for all damages and costs incurred by City caused by the Contractor's or its Subcontractors' and Suppliers' materially defective or non - conforming Work or workmanship,. The Contractor agrees to indemnify and hold City, its elected officials, officers, agents and employees harmless from any personal injury or property damage to the extent caused by the Contractor or its Subcontractors materially defective or non - conforming Work or workmanship. 4.10 SUBSTITUTION OF PRODUCTS & PROCESSES A. Substitutions requested by the Contractor will be subject to City's prior written acceptance and at City's sole discretion. B. Requests for substitution must specifically identify: 1. Material, equipment, and labor costs included in the Contractor's bid associated with the original item to be substituted; 2. All costs for material, equipment, labor associated with the proposed substitution, including any impact costs; 3. Proposed change to the Contract Price and /or Contract Time; and, 4. Compatibility with or modification to other systems, parts, equipment or components of the Project and Contract Work. C. Contractor shall provide all documentation supporting its request as requested by City. D. All costs of any redesign or modification to other systems, parts, equipment or components of the Project or Contract Work, which result from the substitution, shall be borne by the Contractor. E. When City approves a substitution proposed by the Contractor, the Contractor shall guarantee the substituted article or materials to be equal to, or better than, those originally specified and shall be compatible with all other systems, parts, equipment or components of the Project and Contract Work. City has the right to order an unaccepted, substituted article removed and replaced without additional cost to City. F. City has a right to a deductive Change Order if the substituted product or process is less costly than the contractually required product or process. G. If City does not accept the substitution proposal the Contractor shall proceed, without delay or cost to City, with the Contract Work as originally specified. 4.11 INCREASED OR DECREASED QUANTITIES A. Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in conformance with the contract. When the accepted quantity of Work performed under a unit item varies from the original proposal quantity, payment will be at Contract No.WW01 -2014 Page 27 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions the unit contract price for all Work unless the total accepted quantity of any contract item, adjusted to exclude added or deleted amounts included in change orders accepted by both parties, increases or decreases by more than 25 percent from the original proposal quantity. In that case, payment for contract Work may be adjusted as described herein: 1. The adjusted final quantity shall be determined by starting with the final accepted quantity measured after all Work under an item has been completed. From this amount, subtract any quantities included in additive change orders accepted by both parties. Then, to the resulting amount, add any quantities included in deductive change orders accepted by both parties. The final result of this calculation shall become the adjusted final quantity and the basis for comparison to the original proposal quantity. a. Increased Quantities: Either party to the contract will be entitled to renegotiate the price for that portion of the adjusted final quantity in excess of 1.25 times the original proposal quantity. The price for excessive quantities will be determined by agreement of the parties, or, where the parties cannot agree, the price will be determined by the City based upon the actual costs to perform the Work, including markup for overhead and profit in accordance with Section 00710 - General Conditions, Article 6.04 - Allowable Costs. b. Decreased Quantities: Either party to the contract will be entitled to an equitable adjustment if the adjusted final quantity of Work performed is less than 75 percent of the original bid quantity. The equitable adjustment shall be based upon and limited to three factors: (1) Any increase or decrease in unit costs of labor, materials or equipment, utilized for Work actually performed, resulting solely from the reduction in quantity; (2) Changes in production rates or methods of performing Work actually done to the extent that the nature of the Work actually performed differs from the nature of the Work included in the original plan; (3) An adjustment for the anticipated contribution to unavoidable fixed cost and overhead from the units representing the difference between the adjusted final quantity and 75% of the original plan quantity. B. The following limitations shall apply to renegotiated prices for increases and /or equitable adjustments for decreases: 1. Labor, materials and equipment rates shall be actual costs but shall not exceed the rates set forth in Section 00710 - General Conditions, Article 6.04 - Allowable Costs, nor shall overhead and profit exceed the rates set forth in Article 6.04 - Allowable Costs. 2. No payment for consequential damages or loss of anticipated profits will be allowed because of any variance in quantities from those originally shown in the proposal form, contact provisions, and contract plans. 3. The total payment (including the adjustment amount and unit prices for Work performed) for any item which experiences an equitable adjustment for decreased quantity shall not exceed 75% of the amount original bid for the item. C. If the adjusted final quantity of any item does not vary from the quantity shown in the proposal by more than 25% then the Contractor and the City agree that all Work under that item will be performed at the original contract unit price and within the original time for completion. D. When ordered by the Construction Manager, the Contractor shall proceed with the Work pending determination of the cost or time adjustment for the variation in quantities. Contract No.WW01 -2014 Page 28 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions E. The Contractor and the City agree that there will be no cost adjustment for decreases if the City has entered the amount for the item in the proposal form only to provide a common proposal for bidders. PART 5 CHANGES TO THE CONTRACT 5.01 GENERAL A. No provisions of the Contract may be amended or modified except by written agreement signed by the City. B. All Change Order Work shall be performed in accordance with the original Contract requirements unless modified in writing by City. C. Any written Field Directive, response to Request For Information, or other directive, direction, instruction, interpretation, or determination (hereinafter referred to as "Direction" for the purposes of Article 5, Changes to the Contract), provided by City is not considered a Change Order, a change to Contract requirements, and shall not constitute, in and of itself, entitlement to an adjustment in Contract Price and /or Contract Time. D. To the extent the Contractor believes it is entitled to any additional money or time for any reason the Contractor shall submit a Request For Change Order to City as more fully described in Article 5, Changes to the Contract. 1. If the Contractor believes any of the following events entitles the Contractor or its Subcontractors or Suppliers to additional money or time, the Contractor must file a Request for Change Order in accordance with the requirements set forth in the Contract. a. Written Field Directive b. Response to a request for information C. Comments on a submittal d. Differing Site Condition e. Acceleration or constructive acceleration f. Suspension of the Work g. Delay, inconvenience, disruption of schedule, loss of efficiency or productivity h. City caused Stand -by i. Force Majeure j. Conflicts, ambiguities, inconsistencies, and /or problems arising from the Contract Documents k. Any other directive or Direction, written or oral, from City I. Any other reason for which the Contractor believes it is entitled to additional money or time E. The Contractor shall not be entitled to any change in the Contract Price and /or Contract Time under the following conditions or events: 1. They were reasonably foreseeable at the time the Contractor submitted its bid; 2. They were caused by the acts of the Contractor, Subcontractor and /or Supplier, including but not limited to the choice of means, methods, techniques, sequences, or procedures for the Work, failure to provide labor, materials or equipment in a timely manner, and failure to take reasonable steps to mitigate delays, disruptions, or conditions encountered. Contract No.WW01 -2014 Page 29 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions F. The Contract requirements for time and price impacts related to Change Orders are set forth in Article 6, Time and Price Adjustments. 5.02 CONTRACTOR'S REQUEST FOR A CHANGE ORDER A. Notice of Intent to Submit a Request for Change Order. The Contractor shall provide the Construction Manager with the written Notice that the Contractor intends to submit a Request For Change Order no later than seven (7) days after any direction, instruction, interpretation, determination by City and /or the onset of any event or impact to the Project except as specified below for Differing Site Conditions. The Contractor shall include the following information in the Notice of intent to Request a Change Order: a. The date, circumstances, and source of the direction, instruction, interpretation, determination by City and /or the event or impact to the Project. b. Reasonable order of magnitude estimate of the change to the Contract Price; C. Reasonable order of magnitude estimate of the time impact to the Contract Time; and d. Contractual provisions and substantive basis to support the Request. B. Request for Change Order. 1. Within twenty -one (21) days after the Direction and /or the onset of the event or impact to the Project, the Contractor may request an extension of time for filing its Request for Change Order. The Contractor shall state the reasons for the request and identify a date certain when the Contractor shall provide all documentation required in its Request for Change Order. 2. Unless the Construction Manager issues written Notice authorizing the Contractor additional time to submit the Request for Change Order, the Contractor shall provide, in writing, a detailed Request for Change Order to the Construction Manager no later than thirty -five (35) days after the Direction and /or the onset of the event or impact to the Project. 3. The Request for a Change Order shall include: a. Specific dollar amount covering all costs associated calculated in accordance with Article 6, Time and Price Adjustments; b. Specific request for time extension (number of days) calculated in accordance with Article 6, Time and Price Adjustments; C. A copy of the written Notice of intent, including all attachments; and d. All documentation supporting the Request for a Change Order, including but not limited to a cost proposal prepared using the forms provided by City, all cost records, schedule analysis, and the documents identified in Section 00710, Part 3.13 - Maintenance and Inspection of Documents, that are in any way relevant to the Contractor's Request for Change Order. C. City's Response to Contractor's Request for Change Order. City will make a written determination with respect to the Contractor's Request For Change Order within thirty (30) days of receipt of said Request, unless one of the following activities occurs. a. City may request additional information and specify a time period for receipt of the information. The Contractor shall comply with City's request for additional information. Contract No.WW01 -2014 Page 30 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions b. City may inform the Contractor that additional time is needed to review the Contractor's Request for Change Order and identify a date certain when a decision will be rendered. 2. If City requests additional information from the Contractor, the Contractor shall provide it within 14 calendar days. The City will make a written determination within thirty (30) days receipt of Contractor's additional information. 3. If City does not make a determination within the applicable time period, the Request For Change Order is deemed denied. D. Approval of Request for Change Order and Execution of Change Order. If City determines that a Change Order is necessary, the parties may negotiate acceptable terms and conditions and execute a Bilateral Change Order or City may issue a Unilateral Change Order. E. Contractor Procedure upon Denial or Deemed Denial of a Request for a Change Order. If the Contractor disagrees with the denial, the Contractor's sole remedy shall be to file a protest in accordance with Section 00710 - General Conditions, Article 5.10 - Procedures and Protest by the Contractor. F. Contractor's Obligation to Continue to Work. Pending resolution of the Contractor's Request for a Change Order, the Contractor shall continue to perform all Work including, at the written request of City that Work associated with the pending Request for Change Order. The Contractor shall maintain its progress with the Work. G. Waiver. Failure to follow the provisions set forth herein shall constitute a waiver of the Contractor's right to receive any additional time or money as a result of any alleged direction, instruction, interpretation, determination by City and /or the event or impact to the Project. 5.03 DIFFERING SITE CONDITIONS A. Immediate Written Notice to City. If the Contractor encounters a Differing Site Condition as defined in Section 00710 - General Conditions, Article 1 - Definitions, the Contractor shall immediately, and before the conditions are disturbed, give written Notice to City of Differing Site Conditions. B. Request for Change Order based on Differing Site Condition. Unless otherwise agreed upon in writing by the Construction Manager, within twenty -one (21) days of the Contractor's initial written notification of the Differing Site Condition to City, the Contractor shall provide a Request for Change Order that includes all elements required for such a request and: 1. A detailed description of the Differing Site Condition; and 2. Substantive, contractual, and technical basis supporting the existence of the Differing Site Condition and its impacts. C. Waiver. 1. If the Contractor's actions disturb the Site such that City or City's designee cannot adequately and fully investigate the alleged differing site condition, the Contractor waives its right to receive any additional time or money as a result of the Differing Site Condition. 2. Failure by the Contractor to provide either (a) immediate Notice or (b) Request for Change Order shall constitute a waiver of the Contractor's right to receive any additional time or money as a result of the Differing Site Condition. D. City's Response to the Differing Site Condition Request for Change Order. City shall investigate the alleged Differing Site Conditions and respond to the Differing Site Condition in accordance with the Request for Change Order procedures set forth above. Contract No.WW01 -2014 Page 31 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions E. Contractor's Obligation to Continue to Work. The Contractor shall not disturb the condition until receipt of written authorization from the Construction Manager that Work can resume at the location of the alleged Differing Site Condition. The Contractor shall continue with performance of all other Work. 5.04 ACCELERATION A. Acceleration Directive. City reserves the right to direct the Contractor to accelerate Contract Work. In the event that City directs acceleration, such directive will be in writing and specifically designated as "Acceleration Directive." The Contractor shall keep cost and other project records related to the Acceleration Directive separately from normal project costs and records and shall provide a written record of acceleration to City on a daily basis. B. Constructive Acceleration. In the event that the Contractor believes that some action or inaction on the part of City constitutes acceleration, the Contractor shall immediately notify City in writing that the Contractor considers the actions an acceleration. This written notification shall detail the circumstances of the acceleration. 2. The Contractor shall not accelerate the Work until the Construction Manager responds in writing issuing an Acceleration Directive or denying the constructive acceleration. 3. The Contractor shall keep cost and other project records related to the constructive acceleration separately from normal project costs and records and shall provide a written record of acceleration to City on a daily basis. C. To the extent the Contractor believes an acceleration directive or constructive acceleration constitutes a change in the Work impacting Contract Price and /or Contract Time, the Contractor shall submit a Request for a Change Order to City pursuant to Article 5, Changes to the Contract. D. Labor costs recoverable will be overtime or shift premium costs. Equipment costs recoverable will be only the rental cost of additional equipment or Contractor -owned additional equipment mobilized to the Site to accomplish the accelerated Work effort. Actual damages resulting from inefficiencies or loss of productivity may be recoverable to the extent the Contractor provides verifiable cost records and contemporaneous project documentation. E. No damages or additional compensation shall be owed to the Contractor, should the Contractor complete the project, or any part of the project, ahead of schedule, as a result of his unilateral decision to accelerate all or a portion of the Work. 5.05 SUSPENSION OF WORK A. City Issues Directive Suspending Work: 1. City may order the Contractor, in writing, to suspend all or any part of the Work of this Contract for the period of time that City determines appropriate for the convenience of City. The Contractor shall not suspend the Work without written direction from City specifically authorizing the Suspension of Work. 2. Upon receipt of a written Notice suspending the Work, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize costs attributable to such suspension. Within a period up to 120 days after the suspension notice is received by the Contractor, or within any extension of that period which City requires, City shall either: Cancel the written notice suspending the Work; or, Contract No.WW01 -2014 Page 32 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions b. Terminate the Work for either default or convenience. 3. If a written notice suspending the Work is canceled or the period of the Suspension or any extension thereof expires, the Contractor shall resume Work as required by City. 4. If the performance of all or any part of the Work is, for an unreasonable period of time, suspended by the written direction of City, the Contractor may be entitled to an adjustment in the Contract Time, or Contract Price, or both, for increases in the time or cost of performance directly attributable to the suspension and provided that the Contractor sufficiently documents all costs and time impacts attributable to the suspension. No adjustments to Contract Price and /or Contract Time shall be allowed unless the Contractor can demonstrate that the period of suspension caused by City impacted Critical Path and delayed the Contractor from completing the Contract Work on time. B. Constructive Suspension of Work: 1. In the event that the Contractor believes that some action or omission on the part of City constitutes constructive suspension of Work, the Contractor shall immediately notify City in writing that the Contractor considers the actions or omission a constructive suspension of Work. This written notification shall detail the circumstances of the constructive suspension of Work. 2. The Contractor shall keep cost and other project records related to the constructive suspension separately from normal project costs. C. To the extent the Contractor believes it is entitled to any additional money or time as a result of the suspension of Work or constructive suspension, Contractor shall submit a Request For Change Order to City as more fully described in Article 5, Changes to the Contract. The Contractor shall provide a Request for Change Order within thirty -five (35) days of (1) City's Notice canceling the suspension or (2) termination of the Work. 1. The Contractor is compensated for Overhead, including unabsorbed home office overhead, through the Overhead and Profit markup described in Section 00710 - General Conditions, Article 6.04 - Allowable Costs. If the Contractor can demonstrate through verifiable cost records that the Overhead and Profit markup is insufficient to cover the Contractor's costs for unabsorbed home office overhead, the Contractor may be entitled to additional compensation for unabsorbed home office overhead provided the Contractor establishes all of the following: 2. The Contractor's recovery is limited to actual unabsorbed home office overhead minus the Overhead and Profit markup calculated in accordance with Section 00710 - General Conditions, Article 6.04 - Allowable Costs. D. Failure to comply with these requirements shall constitute a waiver of Contractor rights to any adjustment in Contract Time and /or Contract Price. E. No adjustment shall be made under this provision for any suspension to the extent that Contractor's performance would have been suspended, delayed, or interrupted as a result of actions, omissions, fault or negligence caused, in whole or in part, by the Contractor or any of its Subcontractors. 5.06 FORCE MAJEURE A. To the extent the Contractor believes it is entitled to any additional time as a result of Force Majeure, Contractor shall submit a Request For Change Order to City as more fully described in Article 5, Changes to the Contract.. B. Contractor shall not be entitled to a change in Contract Price resulting from an act of Force Majeure. Contract No.WW01 -2014 Page 33 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions C. Contractor is not entitled to an adjustment in Contract Time if the act of Force Majeure did not impact progress of the Work on the Critical Path and delay the Contractor from completing Contract Work within Contract Time. D. When a Contractor experiences concurrent delay caused by either City or Contractor and an act of Force Majeure, the Contractor shall only be entitled to an change in Contract Time. No change to the Contract Price shall be allowed as a result of such concurrent delay. 5.07 CHANGE ORDERS A. Bilateral Change Orders: If City and Contractor reach agreement on the terms and conditions of any change in the Work, including any adjustment in the Contract Price and Contract Time, such agreement shall be incorporated into a Change Order and signed by both Parties. Such Bilateral Change Orders shall represent full and complete payment and final settlement of all changes, Claims, damages or costs for all (a) time; (b) direct, indirect, and overhead costs; (c) profit; and (d) any and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of Work, lost profits, stand -by, and any other costs or damages related to any Work either covered or affected by the Change Order, or related to the events giving rise to the Bilateral Change Order. 5.08 CITY REQUEST FOR A CHANGE PROPOSAL A. Request. City may request a written Change Proposal from the Contractor for a change in the Contract Work. B. Contractor's Proposal. Contractor shall submit its written Change Proposal within the time specified in City's request with the costs shown on the forms provided by City. The Change Proposal shall represent the Contractor's offer to perform the requested Work, and the pricing set forth within the proposal shall represent full, complete, and final compensation for the proposed change and any impacts to any other Contract Work, including any adjustments in the Contract Time. C. City's Acceptance of Contractor Proposal. 1. If City accepts the Change Proposal as submitted by the Contractor or as negotiated by the parties, City shall notify the Contractor in writing of its acceptance of the Proposal and direct that the change in the Work be performed. 2. Contractor shall not perform the Work identified in the Change Proposal until receipt of written authorization from the Construction Manager. 3. Both parties shall acknowledge acceptance of the terms of a negotiated Change Proposal in writing. 4. Once City and Contractor have agreed on the terms of a negotiated Change Proposal, the negotiated Change Proposal shall represent full and complete compensation and final settlement of all Claims for all (1) time; (2) direct, indirect, and overhead costs; (3) profit; and (4) costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of Work, lost profits, and /or any other costs or damages related to any Work either covered or affected by the Change Proposal, or related to the events giving rise to the Change Proposal. D. Execution of a Bilateral Change Order. After acceptance of the Change Proposal or acceptance of the negotiated Change Proposal, City shall direct the Contractor to perform the Work in accordance with the agreed upon terms; thereafter, the Parties shall execute a bilateral Change Order in accordance with the terms of the Change Proposal or negotiated Change Proposal. Contract No.WW01 -2014 Page 34 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 5.09 MINOR CHANGES A. Section left intentially blank. 5.10 PROCEDURES AND PROTEST BY THE CONTRACTOR A. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this Article 5.10, Procedures and Protest by the Contractor, provides. A change order that is not protested as provided in this Article 5.10, Procedures and Protest by the Contractor, shall be full payment and final settlement of all claims for Contract time and for all costs of any kind, including costs of delays, related to any Work either covered or affected by the change. By not protesting as this Article 5.10, Procedures and Protest by the Contractor, provides, the Contractor also waives any additional entitlement and accepts from the Owner's Representative any written or oral order (including directions, instructions, interpretations, and determinations). B. If in disagreement with anything required in a change order, another written order, or an oral order from the Owner's Representative, including any direction, instruction, interpretation, or determination by the Owner's Representative, the Contractor shall: 1. Immediately give a signed written notice of protest to the Construction Manager or their Field Inspectors before doing the Work; provide written notification within 7 calendar days after receipt of the City's denial or deemed denial of a Request for a Change Order. 2. Supplement the written protest within 14 calendar days with a written statement and supporting documents providing the following: a. The date and nature of the protested order, direction, instruction, interpretation or determination; b. A full discussion of the circumstances which caused the protest, including names of persons involved, time, duration and nature of the Work involved, and a review of the Plans and Contract Provisions referenced to support the protest; C. The estimated dollar cost, if any, of the protested Work and a detailed breakdown showing how that estimate was determined; d. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption; and e. If the protest is continuing, the information required above shall be supplemented upon request by the Project Manager until the protest is resolved. C. Throughout any protested Work, the Contractor shall keep complete records of extra costs and time incurred. The Contractor shall permit the Engineer access to these and any other records related to the protested Work as determined by the Owner's Representative. D. The Project Manager will evaluate all protests provided the procedures in Section 00710 - General Conditions, Part 5.10 - Procedures and Protest by the Contractor, are followed. If the Construction Manager determines that a protest is valid, the City will adjust payment for Work or time by an equitable adjustment in accordance with Section 00710 - General Conditions, Article 6 -Time And Price Adjustments. No adjustment will be made for an invalid protest. E. If the Project Manager determines that the protest is invalid, that determination and the reasons for it will be provided in writing to the Contractor. The determination will be provided within 14 calendar days after receipt of the Contractor's supplemental written Contract No.WW01 -2014 Page 35 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions statement (including any additional information requested by the Construction Manager to support a continuing protest) described in item 2 above. F. If the Contractor does not accept the Project Manager's determination then the Contractor shall pursue the dispute and claims procedures set forth in Section 00710 - General Conditions, Part 9.01 - Disputes and Claims. In spite of any protest or dispute, the Contractor shall proceed promptly with the Work as the Construction Manager orders. G. By failing to follow the procedures of Section 00710 - General Conditions, Part 5.10 - Procedures and Protest by the Contractor, and Section 00710 - General Conditions, Part 9.01 - Disputes and Claims, the Contractor completely waives any claims for protested Work. PART 6 TIME AND PRICE ADJUSTMENTS 6.01 CHANGE IN THE CONTRACT TIME A. The Contract Time shall only be changed by a Change Order. B. Contractor shall include any request for a change in the Contract Time in its Notice of intent to submit a Request for Change Order, Request for Change Order, Change Proposal, and Claim. C. No change in the Contract Time shall be allowed to the extent the time of performance is changed due to the fault, act, or omission of Contractor, or anyone for whose acts or omissions the Contractor is responsible. D. Contractor is not entitled to a change in Contract Time unless the progress of the Work on the Critical Path is delayed and completion of the Contract Work within Contract Time is delayed. E. When a Contractor experiences concurrent delays which impact the Critical Path and are caused by (1) City and the Contractor; (2) City and an act of Force Majeure; or, (3) the Contractor and an act of Force Majeure, the Contractor shall only be entitled to an change in Contract Time. No change to the Contract Price shall be allowed as a result of such concurrent delay. F. A Request for Change Order that includes a request for an adjustment in the Contract Time shall: 1. Be in writing and delivered to City within the appropriate time period specified in Article 5, Changes in the Contract. 2. Include a clear explanation of how the event or conditions specifically impacted the Critical Path and overall Project Schedule and the amount of the adjustment in Contract Time requested. 3. Be limited to the change in the Critical Path of a Contractor's Project Schedule, and any updates, attributable to the event or conditions, which caused the request for adjustment. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of all Work under the Contract or timely completion of a portion of the Work for which time of completion is specific. Contractor shall be responsible for showing clearly on the Project Schedule, and any updates, that the event or conditions: a. Had a specific impact on the Critical Path and was the sole cause of such impact; b. Could not have been avoided by resequencing of the Work or other reasonable alternatives; and C. Will prevent the Contractor from completing the Project within the current Contract completion date. Contract No.WW01 -2014 Page 36 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions G. Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise. 6.02 CHANGE IN THE CONTRACT PRICE A. The Contract Price shall only be changed by a Change Order. B. Contractor shall include any request for a change in the Contract Price in its: 1. Change Proposal; 2. Notice of intent to submit a Request for Change Order; 3. Request For Change Order; and 4. Claim, provided the related Request for Change Order and /or Change Proposal included a request to adjust the Contract Price. C. No change in the Contract Price shall be allowed when: 1. Contractor's changed cost of performance is due to the fault, acts, or omissions of Contractor, or anyone for whose acts or omissions Contractor is responsible, including its subcontractors and suppliers. 2. The change is concurrently caused by City and Contractor, or anyone for whose acts or omissions Contractor is responsible for including its subcontractors and suppliers; or 3. The change is caused by an act of a third party or Force Majeure. D. City shall not be responsible for, and the Contractor shall not be entitled to any compensation for unallowable costs. Unallowable costs include, but are not limited to: 1. Interest or attorney's fees of any type other than those mandated by Washington state statute; 2. Claim preparation or filing costs; 3. The cost of preparing or reviewing Change Proposals or Requests for Change Orders; 4. Lost profits, lost income or earnings; 5. Costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; 6. Lost earnings or interest on unpaid retainage; 7. Claims consulting costs; 8. The costs of corporate officers or staff visiting the Site or participating in meetings with City; 9. Any compensation due to the fluctuation of foreign currency conversions or exchange rates; 10. Loss of other business; and /or 11. Any other special, consequential, or incidental damages incurred by the Contractor, Subcontractor, or Suppliers. E. A Request for Change Order that includes a request for an adjustment in Contract Price shall: 1. Be in writing and delivered to City within the applicable time period specified in Article 5, Changes to the Contract. 2. Identify the following information: Contract No.WW01 -2014 Page 37 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions a. The event or condition which caused the Contractor to submit its request for an adjustment in the Contract Price; b. The nature of the impacts to Contractor and its Subcontractors, if any; and, C. The amount of the adjustment in Contract Price requested calculated in accordance with Section 00710 - General Conditions, Article 6.04 - Allowable Costs, and using forms provided by City. 3. Any requests by Contractor for an adjustment in the Contract Price and in the Contract Time that arise out of the same event or conditions shall be submitted together. F. The adjustments to the Contract Price provided for in this Article represent full, final, and complete compensation for all Work done in connection with the request for an adjustment in Contract Price and all costs related to, resulting from, or affected by such change in Work including, but not limited to, all direct and indirect costs, overhead, profit, and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, dilution of supervision, inefficiency, ripple effect, loss of efficiency or productivity, acceleration of Work, lost profits, and any other costs or damages related to any Work either covered or affected by the change in the Work, or related to the events giving rise to the change. 6.03 METHOD TO CALCULATE ADJUSTMENTS TO CONTRACT PRICE A. One of the following methods shall be used to calculate damages and /or adjustments to the Contract Price that result from or relate to Change Proposal, Request for Change Order, and /or Claim. B. Determination of the method to be used to calculate adjustments in the Contract Price shall be at the sole discretion of City. C. One of the following methods shall be used: Unit Price Method; Firm Fixed Price Method (also known as Lump Sum); or, 3. Time and Materials Method. D. Unit Price Method The City may direct the Contractor to perform extra Work on a Unit Price basis. Such authorization shall clearly state the: a. Scope of Work to be performed; b. Applicable Unit Price; and, C. Not to exceed amount of reimbursement as established by City. 2. The applicable unit price shall include reimbursement for all direct and indirect costs of the Work, including Overhead and profit, as limited by Section 00710 - General Conditions, Article 6.04 - Allowable Costs. Contractor shall only be paid under this method for the actual quantity of materials incorporated in or removed from the Work and such quantities must be supported by field measurement statements verified by City. E. Firm Fixed Price Method The Contractor and City may mutually agree on a fixed amount as the total compensation for the performance of changed Work. 2. The Contractor shall provide a detailed cost breakdown supporting the Contractor's requested adjustment to Contract Price and any other financial documentation Contract No.WW01 -2014 Page 38 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions requested by the Construction Manager, as limited by Section 00710 - General Conditions, Article 6.04 - Allowable Costs. 3. Any adjustments to the Contract Price using the Firm Fixed Price Method shall include, when appropriate all reasonable costs for labor, equipment, material, Overhead and profit. Such labor, equipment, material, Overhead and profit shall be calculated in accordance with Section 00710 - General Conditions, Article 6.04 - Allowable Costs. 4. Whenever City authorizes Contractor to perform changed Work on a Firm Fixed Price Method, City's authorization shall clearly state: a. Scope of Work to be performed; and, b. Total Fixed Price payment for performing such Work. F. Time and Materials Method Whenever City authorizes the Contractor to perform Work on a Time and Material basis, City's authorization shall clearly state: a. Scope of Work to be performed; and, b. A not to exceed amount of reimbursement as established by City. Contractor shall: a. Cooperate with City and assist in monitoring the Work being performed; b. Substantiate the labor hours, materials and equipment charged to Work under the Time and Materials Method by detailed time cards or logs completed on a daily basis before the close of business each working day; C. Present the time card and /or log at the close of business each day to the Construction Manager so that City may review and initial each time card /log; d. Perform all Work in accordance with this provision as efficiently and economically as possible; e. Not exceed any cost limit(s) without City's prior written approval; and f. Maintain all records of the Work, including all records of the Subcontractor, Supplier, and Materialmen, and make such records available for inspection as required in Section 007010 - General Conditions, Articles 3.11, Record Documents, 3.12, Cost Records, and 3.13, Maintenance and Inspection of Document. 3. Contractor shall submit costs and any additional information requested by City to support Contractor's requested price adjustment. 4. The Contractor shall only be entitled to be paid for reasonable costs actually incurred by the Contractor. The Contractor has a duty to control costs. If City determines that the Contractor's costs are excessive or unreasonable, City, at its discretion, shall determine the reasonable amount for payment. G. Deductive Changes to the Contract Price A deductive change to the Contract Price may be determined by taking into account: a. Costs incurred and saved by the Contractor as a result of the change, if any; The costs of labor, material, equipment, and overhead saved and profit unearned by the deleted Work. These costs shall be calculated following as closely as possible with the provisions identified in Article 6, Time and Price Adjustments; and /or, Contract No.WW01 -2014 Page 39 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions C. At the discretion of City, costs set forth in the documents used by the Contractor to develop its bid. Where City has elected not to correct incomplete or defective Work, the adjustment in the Contract Price shall take into account: a. The costs the City would have to expend to correct the Work; b. The decreased value to City resulting from the incomplete or defective Work; and, C. The increased future costs which City may incur by reason of the incomplete or defective Work. H. Full Compensation An adjustment calculated in accordance with the provisions of this Article shall be full and complete payment and final settlement of all changes, claims, damages and costs for all (a) time; (b) direct, indirect, and overhead costs; (c) profit; and (d) any and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of Work, lost profits, standby, and /or any other costs or damages related to any Work either covered or affected by the changed Work, or related to the events giving rise to the change. 6.04 ALLOWABLE COSTS A. Any adjustments to the Contract Price shall be based on the following categories and shall incorporate markups for Overhead and profit as provided herein. 1. Labor. For all labor, including foreman supervision but excluding superintendents, the Contractor shall be reimbursed for labor costs provided herein. The labor cost of an event or condition shall be calculated as the sum of the following: Labor Rate. The Labor Rate is the actual reasonable wage paid to the individual plus the actual reasonable costs incurred by the Contractor to cover costs associated with Federal Insurance Compensation Act (FICA), Federal Unemployment Tax Act (FUTA), State Unemployment Tax Act (SUCA), industrial insurance, fringe benefits, and benefits paid on behalf of labor by the Contractor. The applicable Labor Rates shall be multiplied by the number of hours reasonably expended in each labor classification because of the event or condition to arrive at a total cost of labor. b. Travel Allowance and /or Subsistence. The labor calculation shall include the actual costs of travel and /or subsistence paid to the Contractor's employees engaged upon the Work when said payments are required by a labor agreement. 2. Materials. The cost of materials resulting from an event or condition shall be calculated in one or more of the following methods, at City's election: a. Invoice Cost. The Contractor may be paid the actual invoice cost of materials including actual freight and express charges and applicable taxes less all available discounts, rebates, and back - charges,. This method shall be considered only to the extent the Contractor's invoice costs are reasonable and the Contractor provides copies of vendor invoices, freight and express bills, and other evidence of cost accounting and payment satisfactory to City. As to materials furnished from the Contractor's stocks for which an invoice is not available, the Contractor shall furnish an affidavit certifying its actual cost of such materials and such other information as City may reasonably require; b. Wholesale Price. The Contractor may be paid the lowest current wholesale price for which the materials are available in the quantities required, including Contract No.WW01 -2014 Page 40 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions customary costs of delivery and all applicable taxes less all available discounts, rebates, and back - charges; or, C. City Furnished Material. City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no Claim for any costs, Overhead or profit on such materials. However, should the Contractor be required to pick up, transport and /or unload such materials the Contractor will be reimbursed for reasonable costs thereof. 3. Equipment. The additional cost, if any, of machine -power tools and equipment usage shall be calculated in accordance with the following rules: a. Equipment Rates. The Contractor's own charge rates may be used if verified and approved by City and based on the Contractor's actual ownership and operating cost experience. Rental rates contained in published rate guides may be used if their cost formulas and rate factors are identifiable, reflect the Contractor's historical acquisition costs, utilization, and useful life, and do not include replacement cost, escalation contingency reserves, general and administrative expense, or profit. Rates shall be based on the Contractor's actual allowable costs incurred or the rates established according to the Rental Rate Blue Book for Construction Equipment, published by Equipment Watch, McGraw Hill Construction whichever is less. The Rental Rate Blue Book established hourly equipment rate shall be the monthly rental rate for the equipment plus the monthly rental rate for required attachments, divided by 176 work hours per month, multiplied by the appropriate regional adjustment factor, plus the hourly operating cost. The established equipment rate shall apply for actual equipment usage up to eight hours per day. For all hours in excess of eight hours per day or 176 hours per month, the established equipment rate shall be the monthly rental rate plus the monthly rental rate for required attachments, divided by 352, multiplied by the regional adjustment factor, plus the hourly operating cost. b. Transportation. If the necessary equipment is not already at the Site and it is not anticipated that it would be required for the performance of other Work under the terms of the Contract, the calculation shall include a reasonable amount for the costs of the necessary transportation of such equipment. C. Standby. The Contractor shall only be entitled to standby equipment costs if (a) the equipment is ready, able, and available to do the Work at a moment's notice; (b) Contractor is required to have equipment standby because of an event or condition solely caused by City and (c) the Contractor can demonstrate that it could have and intended to use the equipment on other projects /jobs. The Contractor shall be compensated at 50% of the monthly rental rate for the equipment, divided by 176, and multiplied by the appropriate regional adjustment factor, as identified in the Rental Rate Blue Book for Construction Equipment, published by Equipment Watch, McGraw Hill Construction. Standby shall not be paid during periods of Contractor - caused delay, concurrent delay, Force Majeure, during any seasonal shutdown, routine maintenance, down -time or broken equipment, late delivery of equipment or supplies, or other anticipated occurrence specified in the Contract Documents. No payment shall be made for standby on any piece of equipment, which has been used on the Project in any 24 hour period. Standby costs shall not be paid for weekends, holidays, and any time the equipment was not intended to be used on the Project as demonstrated by the Project Schedule. 4. Subcontractor & Supplier. Direct costs associated with Subcontractors and Suppliers shall exclude Overhead and Profit markups and shall be calculated and Contract No.WW01 -2014 Page 41 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions itemized in the same manner as prescribed herein for Contractor. Contractor shall provide detailed breakdown of Subcontractor and Supplier invoices. 5. Overhead and Profit Markup. a. On a change to the Contract Price or any other claim for money by the Contractor, City will only pay Overhead, including Home Office Overhead, Site or Field Office Overhead, and unabsorbed home office overhead, and Profit pursuant to the Overhead and Profit Markups set forth herein. The Overhead and Profit Markups cover all overhead regardless of how the Contractor chooses to account for various costs in its books of account. b. Overhead and Profit markups shall not be applied to freight, delivery charges, express charges, and sales tax. C. The allowed Overhead and Profit markup shall not exceed the following: If the Contractor is self - performing Work: 15% combined Overhead and Profit markup on the Contractor's Direct Costs; or If a Subcontractor or Supplier is performing Work: 15% for the Subcontractor's Direct Cost for performing the Work and 7% on the Direct Costs of the Subcontractors' or Suppliers; provided that the 7% is to be divided among upper tier Subcontractors and the Contractor when a Subcontractor or Supplier is performing the Work. In no event shall the total combined Overhead and Profit markup for the Contractor and all Subcontractors and Suppliers of any tier exceed 25% of the Direct Cost to perform the Change Order Work. d. Direct Costs shall include Labor (as defined in § 00710 16.3 A.1), Materials (as defined in §00710 16.3 A.2), Equipment (as defined in §00710 ¶ 6.3 A.3), and Subcontractor and Supplier Costs (as defined in §00710 16.3 AA). 6.05 VALUE ENGINEERING AND COST SHARING The Contractor may submit proposals for changing the Plans, Specifications, or other requirements of the Contract Documents and the City, in its sole discretion, may accept or reject such proposals. If accepted by the City and if the proposal decreases the direct, actual costs of constructing the Work, the Contract Sum shall be reduced by fifty percent (50 %) of the direct, actual construction cost saved. Because the City has the sole discretion whether to consider, accept or reject the Contractor's proposal and the Contractor has no right to require the City to consider or accept such proposals, the City's decision is not reviewable by any court. This subsection applies only to change proposals initiated solely by the Contractor, or its Subcontractors and suppliers, and does not apply to change proposals requested or initiated by the City or the City's Representative. The City is not obligated or required to consider any Contractor initiated change proposals and may, in its sole discretion, refuse to do so. Under no circumstances shall the Contractor be entitled to additional compensation arising out of, or related to, the City's refusal to consider or approve a Contractor initiated change proposal. The Contractor shall do none of the following without the express written agreement of the City: fail to perform any Work; commence Work on proposed change; reduce its resources assigned to performance of the Work in order to prepare a change proposal or in anticipation of approval of a change proposal; adjust or change the project schedule or take action or fail to take action that would affect the Completion Date of the Work; take action or fail to take action arising out of the Contractor's change proposal that would result in the Contractor seeking an adjustment upward of the Contract Sum. Contract No.WW01 -2014 Page 42 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions PART 7 PAYMENT AND COMPLETION 7.01 APPLICATIONS FOR PAYMENT A. On or about the first day of each month, the Contractor shall submit to City an Application for Payment. Each application shall be on a form acceptable to City and designated as an "Application for Payment." 7.02 PAYMENTS A. The basis of payment will be the actual quantities of Work, as defined in Section 01025 - Measurement and Payment, performed according to the Contract and as specified for payment. B. The Contractor shall submit a breakdown of the cost of lump sum Items per Section 00710 - General Conditions, Part 7.01 - Applications for Payment, to enable the City to determine the Work performed on a monthly basis. Lump sum item breakdowns shall be submitted prior to the first progress payment that includes payment for the Bid Item in question. Absent a lump sum breakdown, the City will make a determination based on information available. The City's determination of the cost of Work shall be final. C. Payments will be made for Work and labor performed and materials furnished under the Contract according to the price in the Proposal unless otherwise provided. D. City shall comply with RCW 39.76, as amended, and promptly review each Application for Payment and identify in writing any cause for disapproval within 8 working days. In addition to withholding payment for unsatisfactory performance or failure to comply with Contract requirements, if the Contractor's Application for Payment fails to recognize any back - charges, off -sets, credits, change orders, or deductions in payment made in accordance with Section 00710 - General Conditions, Part 7.03 - Payment Withheld, City shall have the right to revise or disapprove Contractor's Application For Payment because the Application for Payment is not considered a properly completed invoice. E. If an Application for Payment is accepted by City, it shall be paid within thirty (30) days of City's receipt of the properly prepared invoice (Application for Payment). F. Failure to perform any of the obligations under the Contract by the Contractor may be decreed by the City to be adequate reason for withholding any payments until compliance is achieved. G. Upon completion of all Work and after final inspection Section 00710 - General Conditions, Part 7.07 - Final Inspection and Final Punch List, the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Construction Manager and presentation of a Certification of Work Completion and Acceptance signed by the Contractor. The Certification of Work Completion and Acceptance form is available from the City Public Works and Utilities Department. H. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 7.03 PAYMENT WITHHELD A. The City has the right to withhold, nullify, or back - charge, in whole or in part, any payment or payments due or that have been paid to the Contractor as may be necessary to cover City's costs or to protect City from loss or damage for reasons including but not limited to: 1. Defective or non - conforming Work; 2. Costs incurred by City to correct, repair or replace defective or non - conforming Work, or to complete the Work; 3. A reasonable doubt that the Contract can be completed for the balance then unpaid; Contract No.WW01 -2014 Page 43 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions I 7.04 TITLE 4. A reasonable concern by City that the materials, equipment or component parts are not in proper operating condition; 5. Assessment of Liquidated Damages; 6. Failure to perform in accordance with the Contract; 7. Cost or liability that may occur to City as the result of the Contractor's or Subcontractor's acts, omissions, fault, or negligence; 8. Deduction in Contract Work; 9. Failure of Contractor to repair damaged materials, equipment, property, or Work; 10. Failure to pay Subcontractors or Suppliers; 11. Failure to keep Record Documents up to date; 12. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits; 13. Failure to obtain and maintain applicable permits, insurance, and bonds; 14. Failure to provide Statement of intent to Pay Prevailing Wage and /or Affidavits of Wages Paid; and 15. Failure to comply with the Contract safety requirements. The withholding, nullification, or back - charge of any payment(s) by City shall in no way relieve the Contractor of any of its obligations under this Contract. Title to all Work and materials covered by an accepted and paid Application For Payment shall pass to City at the time of such payment, free and clear of all liens, claims, security interest, and encumbrances. Passage of title shall not, however, (1) relieve Contractor from any of its duties and responsibilities for the Work or materials, including protection thereof, (2) waive any rights of City to insist on full compliance by Contractor with the Contract requirements, or (3) constitute acceptance of the Work or materials. 7.05 WARANTEE OF TITLE No material, supplies, equipment or items for the Work shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, equipment and items installed or incorporated in the Work, and upon completion of all the Work shall deliver the same together with all improvements and appurtenances constructed or placed thereon by the contractor to the construction manager free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any Work covered by this contract shall have any right to lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of the persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the owner. The provisions of this paragraph shall be inserted or referenced in or otherwise made a part of all subcontracts and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials. 7.06 SUBSTANTIAL COMPLETION PROCEDURE A. Section left intentially blank. 7.07 FINAL INSPECTION AND FINAL PUNCH LIST A. When the Contractor considers that all Contract Work is ready for final inspection and Final Acceptance, the Contractor shall give written Notice to City. Contract No.WW01 -2014 Page 44 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions B. City shall promptly perform a final inspection of the Work and, if necessary, prepare a Final Punch List (a list of items to be completed or corrected by the Contractor prior to City granting Final Acceptance). C. The Contractor shall complete or correct the items identified in the Final Punch List within the time period as required in the Certificate of Substantial Completion or within 45 days, whichever is less. Should the Contractor fail to complete or correct all remaining Final Punch List items within the required time, City may assess liquidated damages against the Contractor for failure to achieve Final Acceptance within the Contract Time. D. After the Contractor completes all items identified in the Final Punch List(s), the Contractor shall notify City in writing that the Final Punch List items have been successfully completed. After verification by City that such completion was satisfactory, the Contractor shall submit a Final Application for Payment. 7.08 REQUIREMENTS FOR FINAL APPLICATION FOR PAYMENT A. In addition to any other requirement identified in the Contract Documents, the Final Application for Payment shall include the following documents: 1. Affidavit of Wages Paid for Contractor and all Subcontractors in accordance with state law; 2. Contractor's release of claims against City, except for Claims specifically described in the release document and submitted in accordance with Article 9, Claims and Litigation; 3. Contractor certification that all Subcontractors and Suppliers have been paid and there are no outstanding liens; 4. Right of Way, Easements and Property Releases. 7.09 COMPLETION /FINAL ACCEPTANCE A. Completion /Final Acceptance shall be achieved when all the obligations of the Contract have been successfully performed by the Contractor in accordance with the Contract and accepted by City. Should Contractor fail to achieve Final Acceptance within the required time the City may assess liquidated damages for its failure to do so. B. Neither Final Acceptance, nor Final Payment, shall release Contractor or its sureties from any obligations under this Contract or the Performance and Payment Bonds, or constitute a waiver of any claims by City arising from or related to Contractor's performance or failure to perform the Work and to meet all Contractual obligations in accordance with the Contract, including but not limited to: 1. Unsettled liens, security interests or encumbrances; 2. Damaged, non - conforming, or defective Work discovered by City; 3. Terms of any warranties or guarantees required by the Contract; and, 4. Payments made in error. C. Except for any Claims properly submitted in accordance with Article 9, Claims and Litigation, acceptance of Payment on the Final Application for Payment by the Contractor shall, on behalf of itself and its Subcontractors or Sureties, forever and unconditionally release and discharge City, it officers, agents, employees, from: Any and all disputes or claims, including but not limited to claims for damages, fines, interest, taxes, attorney fees, or costs, demands, rights, actions or causes of actions, known or unknown, arising out of or in any way related to the parties' performance under the Contract and /or Project; and Any and all known and /or unknown liabilities, obligations, demands, actions, suits, debts, charges, causes of action, requests for money and /or payment under the Contract No.WW01 -2014 Page 45 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions Contract, outstanding invoices, or claims directly or indirectly arising out of or related to the Contract and /or Project. 7.10 RETAINAGE A. Section left intentially blank. 7.11 WARRANTY AND GUARANTY A. In addition to any special warranties provided elsewhere in the Contract, Contractor warrants that all Work conforms to the requirements of the Contract and is free from any defect in equipment, material, or workmanship performed by Contractor or its Subcontractors and Suppliers. B. The warranty period shall be for one year from the date of installation of any warranted item. C. With respect to all warranties, express or implied, for Work performed or materials furnished according to the Contract, Contractor shall: 1. Obtain all warranties that would be given in normal commercial practice from the supplier and /or manufacturer; 2. Enforce all warranties for the benefit of City; and, 3. Be responsible to enforce any warranty of a Subcontractor, manufacturer, or Supplier, should they extend beyond the period specified in the Contract. D. If, within an applicable warranty period, any part of the Work is found not to conform to the Contract, the Contractor shall correct it promptly after receipt of written Notice from City to do so. In the event City determines that Contractor corrective action is not satisfactory and /or timely performed, then City has the right to either correct the problem itself or procure the necessary services, recommendations, or guidance from third parties. All damages incurred by City and all costs for City's remedy shall be reimbursed by the Contractor. E. The warranty provided in this provision shall be in addition to any other rights or remedies provided elsewhere in the Contract or by applicable law. N F FA 0 0 4 k%el Z*I010I1LliV ffel i; City shall have the right to occupy such part or parts of the project in or upon which the Work is being done, as it may see fit, before the final acceptance, and such occupation shall not be construed as acceptance by city of the Work or constitute substantial completion of the Work. 7.13 POSSESSION AND USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to take possession of and use completed or partially completed portions of the Work notwithstanding the time for completing the Work for such portions may not have expired. Operations and maintenance costs of use of such Work will be borne by the City. Such taking possession and use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of the Work, the Contractor shall be entitled to request extra compensation within five days of each occurrence. The amount of extra compensation, if any, will be determined in accordance with the procedures given herein for determination of change order cost. The Contractor shall not claim extra compensation for possession by the City of portions of the Work specifically required in the contract documents to be placed into use and /or operation before completion of the entirety of the Work. 7.14 POSSESSION OF INCOMPLETE PORTIONS OF THE PROJECT Should the Contractor fail to meet any date specified for substantial completion of the Work or any portion of the Work requiring early possession and use by the City, the City may, after a 10- day written notice to the Contractor, take over such portion or all of the Work that is behind schedule. In such case, the Construction Manager will prepare a punch list of incomplete Work. The City may allow the Contractor reasonable access to the Work at such times that the operation of the project will not be affected or he may complete the Work himself after giving the Contract No.WW01 -2014 Page 46 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions Contractor notice of his intention to do so. The cost of City's work will be charged to and deducted from amounts due to the Contractor. The substantial completion date will be established as the date when the City actually begins using the project or portion of the project for its intended purpose. Division of responsibilities between City and Contractor, beginning of warranties, and any other issues relating to substantial completion shall be as specified in Section 00710 - General Conditions, Article 7.06 - Substantial Completion Procedure. PART 8 TERMINATION 8.01 CITY'S RIGHT TO TERMINATE CONTRACT A. Termination for Default 1. City may terminate, without prejudice to any right or remedy of City the Work, or any part of it, for cause upon the occurrence of any one or more of the following events: a. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Completion of the Work within the Contract Time; b. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure completion of the Work in a timely manner; C. Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; d. Contractor fails in a material way to repair, replace or correct Work not in conformance with the Contract; e. Contractor repeatedly fails to supply skilled workers or proper materials or equipment; f. Contractor repeatedly fails to make prompt payment to its employees or Subcontractors; g. Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, permits, easements or orders of any public authority having jurisdiction; h. Contractor fails to comply with all Contract safety requirements; or, i. Contractor is otherwise in material breach of any provision of the Contract, including but not limited to quality control, environmental requirements, administrative requirements, coordination and supervision. 2. If City reasonably believes that one of the aforementioned events has occurred, City will provide the Contractor with written Notice of its intent to terminate the Contractor for default, specifying within such notice the ground(s) for such termination. City, at its option, shall require the Contractor to either promptly correct the deficiencies noted in City's intent to terminate or provide City with a corrective action plan as to how such deficiencies will be remedied or cured in a timely fashion. However, if after receipt of the proposed remedy, City has a reasonable basis for concluding that the Contractor has (a) failed or is unwilling to repair, replace or correct the deficiencies, or (b) failed or is unwilling to provide a reasonable and satisfactory corrective action plan, City shall thereafter have the right to terminate this Contract for default. 3. Upon termination, City may at its option: /or, a. Finish the Work by whatever other reasonable method it deems expedient; or, Contract No.WW01 -2014 Page 47 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions b. Call upon the surety to perform its obligations under the performance and payment bonds, if applicable. 4. The Contractor and its sureties shall be liable for all damages and costs, including but not limited to: (1) compensation for architect and engineering services and expenses made necessary thereby; (2) any other costs or damages incurred by City in completing and /or correcting the Work; and (3) any other special, incidental or consequential damages incurred by City which results or arises from the breach or termination for default. 5. In the event of termination for default City shall only pay the Contractor for Work successfully completed and accepted by City prior to the date of termination. City shall not be responsible for any other Contractor costs, expenses, or damages including any consequential, special, or incidental damages or lost profits associated with this Contract. In no event shall City reimburse the Contractor for any costs directly or indirectly related to the cause of this termination for default. 6. If, after termination for default, it is determined that the Contractor was not in default, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of City. 7. The rights and remedies of City in this provision are in addition to any other rights and remedies provided by law or under this contract. B. Termination for Convenience 1. Upon written Notice City may terminate the Work, or any part of it, without prejudice to any right or remedy of City, for the convenience of City. 2. If City terminates the Work or any portion thereof for convenience, Contractor shall recover as its sole remedy: a. Reasonable costs for all Work completed prior to the effective date of the termination and not previously paid for by City; b. A reasonable allowance for Overhead and profit for Work actually performed and accepted by City prior to the date of termination, at a rate not to exceed the percentage amount set forth in the Contract and in Section 00710 - General Conditions, Article 6.04 - Allowable Costs, paragraph A.5, Overhead and Profit Markup. The Contractor waives all other claims for payment and damages including without limitation, anticipated profit. 3. The Contractor shall not be entitled to any other costs or damages, whatsoever. The total sum payable upon termination shall not exceed the Contract Price reduced by prior payments. Contractor shall be required to make its request for adjustment in accordance with Section 00710 - General Conditions, Article 5 - Changes to the Contract, and Article 6 - Time and Price Adjustments. 4. If it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, City shall not reimburse Contractor any profit for the Work completed and shall reduce the settlement to reflect the indicated rate of loss. C. Contractor's Obligations During Termination Unless City directs otherwise, after receipt of a written Notice of termination for default or termination for convenience, Contractor shall promptly: 1. Stop performing Work on the date and as specified in the Notice of termination; 2. Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work not terminated; Contract No.WW01 -2014 Page 48 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 3. Cancel all orders and subcontracts, upon terms acceptable to City, to the extent that they relate to the performance of Work terminated; 4. Assign as specifically requested by City all of the rights, title, and interest of Contractor in all orders and subcontracts; 5. Take such action as may be necessary or as directed by City to preserve and protect the Work, Site, and any other property related to this Project in the possession of Contractor in which City has an interest; 6. Continue performance of Work only to the extent not terminated; and, 7. Take any other steps required by City with respect to this Project. 8.02 CITY'S RIGHT TO STOP THE WORK FOR CAUSE A. If Contractor fails or refuses to perform its obligations in accordance with the Contract, City may order Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken. B. Contractor shall not be entitled to any adjustment in the Contract Time and /or Contract Price for any increased cost or time of performance attributable to Contractor's failure or refusal to perform its obligations under the Contract. PART 9 CLAIMS AND LITIGATION 9.01 DISPUTES AND CLAIMS A. When protests occur during a Contract, the Contractor shall pursue resolution through the Project Manager. The Contractor shall start by following the procedures outlined in Section 00710 - General Conditions, Part 5.9 - Procedures and Protest by the Contractor. B. If the negotiations using the procedures outlined in Section 00710 - General Conditions, Part 5.10 - Procedures and Protest by the Contractor, fail to provide satisfactory resolution of protests, then the Contractor shall provide the Owner's Representative with written notification that the Contractor will continue to pursue the dispute in accordance with the provisions of Section 00710 - General Conditions, Part 9.01 - Disputes and Claims, provided that: 1. Condition precedent to pursuing a dispute or filing a claim under Section 00710 - General Conditions, Part 9.01 - Disputes and Claims exists by: a. A Request for Change Order is denied or deemed denied by City; or 2. A written notification shall be provided to City within 7 calendar days after receipt of the City's denial or deemed denial of a Request for a Change Order or upon the City's written determination that the Contractor's protest is invalid pursuant to Section 00710 - General Conditions, Part 5.10 - Procedures and Protest by the Contractor. The Contractor's written notice of dispute shall indicate whether the Contractor prefers to resolve the dispute through the use of a Disputes Review Board as outlined in Section 00710 - General Conditions, Part 9.03 - Dispute Review Board, or to submit a formal claim directly to the City's Representative pursuant to Section 00710 - General Conditions, Part 9.2 - Contractor Claims. 3. The Contractor files a fully documented Claims within thirty (30) days of deemed denial or the Contractor's receipt of the denial. C. If a Disputes Review Board is requested by the Contractor, the City will notify the Contractor in writing whether the use of a Disputes Review Board is agreed upon within 7 calendar days after receiving the Contractors written notice of dispute. If both parties to the dispute agree, then the dispute will be referred to a Disputes Review Board according to Section 00710 - General Conditions, Part 9.02 - Dispute Review Board. If the parties do not mutually agree to establish a Disputes Review Board then none shall be used, and Contract No.WW01 -2014 Page 49 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions the Contractors shall submit a formal claim directly to the Construction Manager as outlined in Section 00710 - General Conditions, Part 9.03 - Contractor Claims. D. In spite of any protest, dispute, or claim, the Contractor shall proceed promptly with the Work as the Construction Manager orders. 9.02 DISPUTE REVIEW BOARD A. General. 1. In order to assist in the resolution of disputes arising out of the Work of this project, the Contract provides for the establishment of a Disputes Review Board (DRB), hereinafter called the "Board." The Board is created as part of the disputes resolution process to be utilized when normal City- Contractor dispute resolution is unsuccessful and prior to the filing of a claim in Superior Court, Clallam County, Washington. 2. The Board will consider disputes referred to it and furnish recommendations to the City and Contractor to assist in the resolution of the differences between them. The purpose of the Board response to such issues is to provide nonbinding findings and recommendations designed to expose the disputing parties to an independent view of the dispute. 3. The Board members will be trained in disputes resolution or have experience in disputes resolution, and be knowledgeable in the type of construction involved in the Project and shall discharge their responsibilities impartially and independently considering the facts and conditions related to the matters under consideration and the provisions of the Contract. B. Disputes Review Board Membership. 1. The Board shall consist of one member selected by the City and one member selected by the Contractor, with these two members to select the third member. The first two members shall be mutually acceptable to both the City and the Contractor. If one or both of the two members selected are not acceptable to the City or Contractor, another selection shall be made. 2. The City and Contractor shall each select a member and negotiate an agreement, separate and apart from this contract, with their respective Board member within the first 60 calendar days after execution of the contract. 3. The agreements with these two Board members shall contain language imposing the "Scope of Work" and "Suggested Administrative Procedures" included in this Section. These negotiated agreements shall also include clauses that require the respective selected members to immediately pursue selection of a third member. The goal is to obtain a third Board member who will complement the first two by furnishing a needed expertise, which will facilitate the Board's operations. 4. The City has entered into "standby" agreements with a number of potential third members. The qualifications of these potential members have been reviewed and deemed acceptable by both the State of Washington Department of Transportation and the Associated General Contractors of Washington. The names of these potential members will be provided to the first two members for consideration. If a selection can be made from the standby list, then the Board may be immediately seated with the execution of a task order under the corresponding standby agreement. Should the first two members decide to select a third member not on the list of standby candidates, then the selected person will be accepted to the Board after he or she executes a standby agreement (Third Party Member Disputes Review Board Consultant Agreement). The acceptable format for this agreement and all accompanying exhibits may be obtained by contacting WSDOT Consulting Services at http: / /www.wsdot.wa.gov /business /consulting/ or may be Contract No.WW01 -2014 Page 50 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions obtained from the Project Manager. The fee for the third member shall be included in a task order, issued by the Project Manager, after the third member standby agreement is fully executed. 5. In the event of an impasse in selection of the third member, either the City or the Contractor or both may appeal to the Clallam County Superior Court for selection of a third member by the court from a list or lists submitted to the court by the City and /or the Contractor. An impasse shall be considered to have been reached if the two members appointed by the City and the Contractor to the Board have been unable to appoint the third member in a period of 60 calendar days after the approval of the last of such two members. 6. In case a member of the Board needs to be replaced, the replacement member will be appointed in the same manner as the replaced member was appointed. The appointment of a replacement Board member will begin promptly upon determination of the need for replacement and shall be completed within 30 calendar days. 7. Service of a Board member may be terminated at any time with not less than 30 calendar days notice as follows: a. The City may terminate service of the City appointed member. b. The Contractor may terminate service of the Contractor appointed member. C. The third member's services may be terminated by agreement of the other two members. d. By resignation of the member. 8. Termination of a member will be followed by appointment of a substitute as specified above. 9. No member shall have a financial interest in the Contract, except for payments for services on the Board. The City - selected member and the Contractor - selected member shall not have been employed by the party who selected them within a period of 1 -year; except that, service as a member of other Disputes Review Boards on other contracts will not preclude a member from serving on the Board for this Contract. 10. Compensation for the Board members, and the expenses of operation of the Board, shall be shared by the City and Contractor in accordance with the following: a. The City will compensate directly the wages and travel expense for its selected member. The Contractor shall compensate directly the wages and travel expense for its selected member. C. The City and Contractor shall share equally in the third member's wages and travel expense, and all of the operating expenses of the Board. These equally shared expenses shall be billed to and paid by the City. The Contractor's share will be deducted from monies due or coming due the Contractor. d. The City, through the Construction Manager, will provide administrative services, such as conference facilities and secretarial services, to the Board and the City will bear the costs for this service. 11. The City and Contractor shall indemnify and hold harmless the Board Members from and against all claims, damages, losses and expenses, including but not limited to attorney's fees arising out of and resulting from the actions and recommendations of the Board. Contract No.WW01 -2014 Page 51 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions C. Disputes Review Board Procedures: The Board, the City, and the Contractor shall develop by agreement the Board's rules of operation and procedures to be followed for the Project. The Agreement shall include the frequency of the Board's visits to the Project and its interactions with the City and the Contractor to keep abreast of the construction development and potential disputes. 2. In developing the Agreement, the parties shall take into consideration their respective duties and responsibilities set forth in the "Scope of Work" section of their agreements, which is included in this Section. The parties may also consider the "Suggested Administrative Procedures" for the Board's operation included in their agreements, which is included in this Section. These Procedures express, in general terms, the policy for the creation and operation of the Board and are intended to supplement this Section to the extent that no conflict with such provisions is created. 4. No dispute shall be referred to the Board unless the Contractor has complied with the procedures of Section 00710 - General Conditions, Article 5.10 - Procedures and Protest by the Contractor, and Article 9.01 - Disputes and Claims. If the dispute is not resolved by the procedures outlined in Article 9.01 - Disputes and Claims, then the Board will consider the matter in dispute and provide recommendations concerning: a. The interpretation of the Contract. b. Entitlement to additional compensation or time for performance. C. The amount of additional compensation or time for performance following a recommendation of entitlement by the Board provided that; (1) the parties were not able to reach a resolution as to the amount of the equitable adjustment or time; (2) the City has made a unilateral determination of the amount of compensation for time; and (3) the Contractor has protested the City's unilateral determination. d. Other subjects mutually agreed by the Contracting Agency and Contractor to be a Board issue. Once the Board is established, the dispute resolution process shall be as follows: a. Once a protest has been denied as described in Section 00710 - General Conditions, Article 5.10 - Procedures and Protest by the Contractor, and the procedures of Article 9.01 - Disputes and Claims, completed, and both parties have mutually agreed to use a Disputes Review Board, the Board members will be contacted and advised of the existence of the dispute. A hearing will be scheduled to be conducted at the next regular project visit or at such other time, as agreed to by the parties. b. The Contractor and the Contracting Agency shall each be afforded an opportunity to be heard by the Board and to offer evidence. Either party furnishing any written evidence or documentation to the Board must furnish copies of such information to the other party a minimum of 15 calendar days prior to the date the Board sets to convene the hearing for the dispute. Either party shall produce such additional evidence as the Board may deem necessary to an understanding and determination of the dispute and furnish copies to the other party. C. After the hearing is concluded, the Board shall meet in private and reach a conclusion supported by two or more members. Its findings and recommendations, together with its reasons shall then be submitted as a written report to both parties. The recommendations shall be based on the Contract No.WW01 -2014 Page 52 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions pertinent Contract Provisions and facts and circumstances involved in the dispute. The Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The Board shall make every effort to reach a unanimous decision. If this proves impossible, the dissenting member may prepare a minority report. d. Within 30 calendar days of receiving the Board recommendations, both the Contracting Agency and the Contractor shall respond to the other in writing signifying that the dispute is either resolved or remains unresolved. Although both parties should place weight upon the Board recommendations, the recommendations are not binding. 6. In the event the Board's recommendations do not lead to resolution of the dispute, all Board records and written recommendations, including any minority reports, will be admissible as evidence in any subsequent litigation. 7. If the Board's assistance does not resolve the dispute, the Contractor must file a claim and follow the procedures according to Section 00710 - General Conditions, Article 9.03 - Contractor Claims, before seeking any form of judicial relief. D. Appendix to the Disputes Review Board: Scope of Work. The Scope of Work of a Board includes, but is not limited to, the following items of Work: a. Board Consideration of Disputes or Claims: Upon request by either the City or the Contractor to review a dispute, the Board shall convene to review and consider the issue. Both the City and the Contractor shall be given the opportunity to present their evidence at these meetings. The time and location of Board meetings shall be determined by the City, Contractor, and Board. It is expressly understood that the Board members are to act impartially and independently in the consideration of facts and conditions surrounding any written appeal presented by the City or the Contractor and that the recommendations concerning any such appeal are advisory. b. Procedures: Prior to any hearing involving a contract dispute, the Board will meet with the City and the Contractor to establish the rules and procedures that will govern the Board's participation in the Project as set forth in this Section. In establishing the rules and procedures, the parties may consider the Suggested Administrative Procedures included in this Section. The Board may establish any internal rules and procedures not covered in the Agreement with the City and the Contractor. The Board's recommendations resulting from its consideration of a dispute shall be furnished in writing to the City and the Contractor. The recommendations shall be based on the construction contract provisions and the facts and circumstances involved in the dispute. C. Furnishing Documents: The City shall furnish to the Board three copies of the contract and other documents, which are or may become pertinent to the activities of the Board. The Contractor shall furnish to the Board three sets of documents, which are or may become pertinent to the activities of the Board, except documents furnished by City. 2. Suggested Administrative Procedures. a. Objective. The principal objective of the Board is to assist in the resolution of disputes, which would otherwise be likely submitted to litigation processes. If this objective is achieved, such disputes can be resolved promptly, with minimum expense, and with minimum disruption to the administration and performance of the Work. It is not intended for the City or the Contractor to default on their normal responsibility to amicably and fairly settle their Contract NoMW01 -2014 Page 53 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions differences by indiscriminately assigning them to the Board. It is intended that the mere existence of the Board will encourage the City and the Contractor to resolve potential disputes without resorting to this appeal procedure. But when a dispute which is serious enough to warrant the Board's review does develop, the machinery for prompt and efficient action will already be in place. Responsibility of the Board. (1) Render findings and recommendations on disputes between the Contractor and the City arising from the construction contract. Primarily, the Board will consider claims and disputes involving interpretation of the Plans and Specifications, delays, acceleration of the Work, scheduling, classification of extra Work, changed conditions, design changes, and the like. During its regular visits to the job site, the Board will encourage the settlement of differences at the job level. (2) The Board will refrain from officially giving any advice or consultative services to either party. The individual members will act in a completely independent manner and will have no consultative or business connections with either party. (3) During routine meetings of the Board as well as during formal hearings, Board members should refrain from expressing opinions on the merits of statements on matters under dispute or potential dispute. Opinions of Board members expressed in private sessions should be kept strictly confidential. (4) Normally, the Board member selected by the first two will act as Chairman for all activities. However, this post may be delegated to another member from time -to -time. Regular Progress Meetings. Section left intentially blank. Handling of Written Appeals. (1) When the Board receives a written appeal, it shall first reach agreement with the parties on a time to conduct the hearings. The decision shall be tempered by the desires and needs of the City and the Contractor. If the matter is not urgent, it may be scheduled for the time of the next regular visitation to the project. For an urgent matter, the Board should meet at its earliest convenience. (2) The Board may also request that written documentation concerning the dispute be sent to each individual member for study before the hearing begins. A party furnishing any written documentation to the Board must furnish copies of such information to the other party before the hearing begins. (3) Normally, the hearings would be conducted at the job site. However, any location, which would be more convenient and still provide all required facilities and access to the necessary documentation, would be satisfactory. Private sessions of the Board may also be held at a location other than the job site. (4) For hearing on disputes, the third member or one of the other members designated by the third member of the Board will act as Chairman. The City and the Contractor shall have a representative at all hearings. The claimant will discuss the dispute followed by the other party. Each party will then be allowed one or more rebuttals until all Contract No.WW01 -2014 Page 54 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions aspects are thoroughly covered. Each time a person testifies, the Board members may ask questions, seek clarification, or request further data. The Board may request from either party documents or information that would assist the Board in making its findings and recommendations, including, but not limited to, documents used by the Contractor in preparing the bid for this project. A refusal by a party to provide information requested by the Board may be considered by the Board in making its findings and recommendations. In large or complex issues, one or more additional hearings may be necessary in order to consider all the evidence presented by both parties. (5) During open hearings, no Board member should express an opinion concerning the merit of any facet of the dispute. By the same token, all Board deliberations should be conducted in private, with all interim individual views kept strictly confidential. (6) After the hearings are concluded, the Board shall meet in private and reach a conclusion supported by two or more members. Its findings and recommendations, together with its reasons shall then be submitted as a written report to both parties. The recommendations shall be based on the pertinent contract provisions and facts and circumstances involved in the dispute. (7) The Board should make every effort to reach a unanimous decision. If this proves impossible, the dissenting member may prepare a minority report. (8) Although both parties should place weight upon the Board's recommendations, they are not binding. Either party may appeal a recommendation to the Board for reconsideration. However, if the Board's recommendations do not resolve the dispute, all records, and written recommendations, including any minority reports, may be admissible as evidence in any subsequent litigation. e. Miscellaneous. It is not desirable to adopt hard and fast rules for the functioning of the Board. The entire procedure should be kept flexible so that it can adapt to changing situations. The Board should initiate, with the other parties' concurrence, new rules or modifications to old ones whenever this is deemed necessary. 9.03 CONTRACTOR CLAIMS A. Failure to File a Timely Claim. At least seven (7) days prior to appropriate time to file a Claim, the Contractor may request an extension of time for filing its Claim. The Contractor shall state the reasons for the request and identify a date certain when the Contractor shall provide a fully documented Claim. Unless otherwise agreed to in writing by the Project Manager, a fully documented Claim shall be received by the Project Manager within thirty (30) days after: a. Denial or deemed denial of a Request for Change Order 2. Failure to comply with the time requirements set for filing a Claim shall constitute acceptance by the Contractor, on behalf of itself and its Subcontractors and Suppliers, of the City's denial or deemed denial of a Request for Change Order. Such acceptance shall be considered complete, full, and final settlement of all costs, damages, and Claims related to or arising from the Request for Change Order. Contract No.WW01 -2014 Page 55 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions B. Contractor's Obligation to Continue to Work. Pending final decision of a Claim hereunder, the Contractor shall proceed diligently with the performance of the Contract Work, including that Work associated with the Claim, and maintain its progress with the Work. C. Information Required in a Fully Documented Claim. Every Claim must be submitted by the Contractor, in writing and clearly designated by the Contractor as a fully documented Claim. At a minimum, a fully documented Claim must contain the following information: 1. A detailed factual statement of the Claim providing all necessary details, locations, and items of Contract Work affected; 2. The date on which facts arose that gave rise to the Claim; 3. The name of each person employed or associated with the Contractor, Subcontractor, Supplier, and /or City with knowledge about the event or condition which gave rise to the Claim; 4. Copies of documents and a written description of the substance of any oral communications that concern or relate to the Claim; 5. The specific provisions of the Contract Documents on which the Claim is based; 6. If an adjustment in the Contract Price is sought, the exact amount sought, calculated in accordance with the Contract including Section 00710 - General Conditions, Part 6.01 - Change in the Contract Price, Article 6.04 - Allowable Costs, and accompanied by (a) all records supporting the Claim and (b) all records meeting the requirements of Part 3.12 - Cost Records; 7. If an adjustment in the Contract Time is sought, the specific days and dates for which it is sought; the specific reason the Contractor believes an adjustment in the Contract Time should be granted; and the Contractor's analyses of its Progress Schedule, any specific Schedule analysis as required by the Contract Documents calculated in accordance with the Contract Documents including Section 00710 - General Conditions, Part 6.01 - Change in the Contract Time, and all updates to demonstrate the reason for the adjustment in Contract Time; and, 8. A statement certifying, under penalty of perjury, that after the exercise or reasonable diligence and investigation the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of the Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Price or Contract Time for which the Contractor believes City is liable. D. Contractor's Duty to Cooperate. The Contractor shall cooperate with City or its designee in the evaluation of its Claim and provide all information and documentation requested by City, its auditors or its designee. E. City's Evaluation of the Claim. To assist City in the review of the Contractor's Claim, City or its designee may visit the Site, request additional information and /or documentation in order to fully evaluate the issues raised in the Claim and /or audit the Claim. 2. After the Contractor has submitted a fully documented Claim that complies with this provision, City shall respond, in writing, to the Contractor within sixty (60) days from the date the fully documented Claim is received with either: a. A decision regarding the Claim; b. Written Notice extending for another thirty (30) days City's time to respond to the Claim. Contract No.WW01 -2014 Page 56 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions Absent a thirty (30) day extension, the Claim shall be deemed denied upon the sixty -first (61 st) day following receipt of the Claim by City. If City had a thirty (30) day extension, the Claim shall be deemed denied upon the ninety -first (91st) day following receipt of the Claim by City a. City will identify the Appeal Officer for each Claim within fifteen (15) days of City's receipt of a Claim. Appeal Process of a Denial or Deemed Denial of the Claim. Contractor shall notify City of its disagreement with the denial or deemed denial of the Contractor's Claim and file a fully documented Appeal to the Appeal Officer within twenty -one (21) days after the deemed denial or receipt of the denial. 2. Failure to notify City and file a fully documented Appeal constitutes acceptance of the denial or deemed denial and the Contractor waives any right to any adjustment in Contract Price and /or Contract Time with respect to the Claim. 3. A fully documented Appeal shall contain the following information: a. All documentation and information previously provided to City in support of the Contractor's Claim including but not limited to the documentation identified in Section 00710 - General Conditions, Part 9.03 - Contractor Claims, paragraph C, Information Required in a Fully Documented Claim; b. A copy of City's denial of the Claim; C. A detailed explanation why the Contractor believes City's decision is incorrect and why the Claim should be granted; and d. Any technical data or additional documentation supporting the Contractor's position. 4. At the discretion of the Appeal Officer, the Appeal Officer may request additional information or a meeting with the Contractor. 5. After the Contractor has submitted a fully documented Appeal that complies with this provision, the Appeal Officer shall respond, in writing, to the Contractor within sixty (60) days from the date the Appeal is received. Absent a written response by the Appeal Officer, the Appeal shall be deemed denied upon the sixty -first (61st) day following receipt of the Appeal by the Appeal Officer. 6. Contractor shall notify City of its disagreement with the denial or deemed denial of the Contractor's Appeal within twenty -one (21) days after the deemed denial or receipt of the denial. Failure to notify City constitutes acceptance of the denial or deemed denial and the Contractor waives any right to any adjustment in Contract Price and /or Contract Time with respect to the Appeal 9.04 CONTRACTOR'S BURDEN OF PROOF ON CLAIM A. The Contractor shall have the burden of proof to demonstrate entitlement and damages. B. If the Contractor, on behalf of itself or its Subcontractors and Suppliers seeks an adjustment in the Contract Price not supported by Project cost records meeting the requirements of Section 00710 - General Conditions, Part 3.12 - Cost Records, the Claim is waived. C. Compliance with the record keeping requirements set forth in this Contract is a condition precedent to recovery of any costs or damages related to or arising from performance of the Contract Work. If City establishes non - compliance of the record - keeping requirement set forth in Section 00710 - General Conditions, Part 3.12 - Cost Records, no adjustment shall be made to the Contract Price and /or Contract Time with respect to that Claim. Contract No.WW01 -2014 Page 57 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions D. No Claim submitted to Alternate Dispute Resolution (ADR) or pursued by the Contractor in litigation shall seek damages greater than those set forth in the Contractor's Claim, except for accrual of any interest owing under applicable law. E. Prior to litigation and by mutual written consent the City and Contractor may decide to use Mediation under the Voluntary Construction Mediation Rules of the American Arbitration Association, or mutually acceptable mediation service to assist in the resolution of the Claim in a non - binding format. 9.05 LITIGATION A. B. C. D. E. 10.01 BLANK Parties intend that disputes go through all steps stated in Section 00710 - General Conditions, Part 9.01 - Disputes and Claims. Dispute and Claims and these remedies be exhausted prior to either party filing litigation. Any litigation brought against City shall be filed and served on City within 180 days from Final Contract completion. Venue and jurisdiction shall vest solely in the Clallam County Superior Court. Failure to comply with these mandatory condition time requirements shall constitute a waiver of the Contractor's right to pursue judicial relief for any Claim arising from Work performed under this Contract. This contract shall be governed by, and construed and enforced in accordance with the laws of the State of Washington. PART 10 MISCELLANEOUS 10.02 INDEMNIFICATION /HOLD HARMLESS A. The Contractor shall protect, defend, indemnify, and hold harmless City, its elected officials, officers, agents and employees, from any and all claims, demands, suits, penalties, losses, damages, judgments, or costs of any kind whatsoever (hereinafter "claims "), to the extent such claims ariseout of or in any way result from the Contractor's officers, employees, agents, and /or subcontractors of all tiers, negligent acts or omissions, performance or failure to perform this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, now enacted or as hereinafter amended. B. The Contractor's obligations under this Section shall include, but not be limited to, 1. The duty to promptly accept tender of defense and provide defense to City at the Contractor's own expense. 2. The duty to indemnify and defend City, its elected officials, officers, agents and employees, from any claim, demand, and /or cause of action brought by or on behalf of any of its employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of the Contractor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects City with a full and complete indemnity and defense of claims made by the Contractor's employees. The parties acknowledge that these provisions were mutually negotiated upon by them. 3. To the maximum extent permitted by law, the Contractor shall indemnify and defend City, its elected officials, officers, agents and employees, from and be liable for all damages and injury which shall be caused to owners of property on or in the vicinity of the Work or which shall occur to any person or persons or property whatsoever which directly arise out of the negligent performance of this Contract,. Contract No.WW01 -2014 Page 58 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 10.03 INSURANCE A. The Contractor agrees to carry for the duration of the Contract as a minimum, the following insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors with a carriers having a current A.M. Best rating of not less than A:VII: 1. Workers' Compensation and Employer's Liability Insurance in amounts sufficient pursuant to the laws of the State of Washington. 2. Commercial general liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Commercial General Liability insurance policy with respect to the Work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage with limits of no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. The Contractor's Commercial General Liability insurance policy is to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage with combined single limits for bodily injury and property damage of not less than $1,000,000 per accident. The Contractor's Automobile Liability insurance policy is to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. B. The City, their officers, partners, employees and agents, grantors of easements and temporary access rights, and any other persons with an insurable interest designated by the City shall be named as additional insureds on all such insurance policies, with the exception of workers' compensation coverage." Contractor shall provide certificates of insurance, concurrent with execution of this Contract, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Contract. C. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. Contract No.WW01 -2014 Page 59 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions D. No Limitation. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Work. F. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this Work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 10.04 OWNERSHIP OF DOCUMENTS All originals and copies of Work product, including plans, sketches, layouts, designs, design specifications, records, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. #1#I►1911T�.1111 "-4 1�J If it is necessary to provide proprietary information, the Contractor shall clearly mark the information on each page of the document(s) as "Proprietary and Confidential ". The City is subject to laws regarding the disclosure of public records and document. Proposals and other materials, submitted by the Contractor become public record and may be subject to public disclosure, in whole or in part, and may be released by the City in the event of a request for disclosure. In the event the City receives a public record request for information and the Contractor has marked the requested document as "Proprietary and Confidential ", the City shall notify the Contractor of such request and withhold disclosure of such information for not less than five (5) business days, to permit the Contractor to seek judicial protection of such information; provided that the Contractor shall be solely responsible for all attorney fees and costs in such action and shall save and hold harmless the City from any costs, attorneys fees or penalty assessments under Chapter 42.17 RCW for withholding or delaying public disclosure of such information. 10.06 COMPENSATION, WAGES, BENEFITS AND TAXES City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes owed by the Contractor by reason of this Contract. The Contractor shall indemnify and hold City, its elected officials, officers, agents and employees, harmless against all liability and costs resulting from the Contractor's failure to pay any compensation, wages, benefits or taxes. 10.07 SUCCESSORS AND ASSIGNS City and the Contractor each binds itself, its partners, successors, assigns and legal representatives to the other with respect to all covenants, agreements and obligations contained in the Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole Contract No.WW01 -2014 Page 60 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to it hereunder, without the previous written consent of City. 10.08 THIRD PARTY AGREEMENTS Except as otherwise may be provided, the Contract shall not be construed to create a contractual relationship of any kind between: any architect, engineer, construction manager, Subcontractor, Supplier, or any persons other than City and Contractor. 10.09 WAIVER OF RIGHTS Except as herein provided, no action or want of action on the part of the Contractor, Owner, Owner's Representative, or Construction Manager at any time with respect to the exercise of any right or remedies conferred upon them under this contract shall be deemed to be a waiver on the part of the Contractor and Owner of any of their rights or remedies. No waiver shall be effective except in writing by the party to be charged. No waiver of one right or remedy shall act as a waiver of any other right or remedy or as a subsequent waiver of the same right or remedy. 10.10 NOTICE TO CITY OF LABOR DISPUTES A. If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract, Contractor shall immediately give Notice, including all relevant information, to City. B. Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub - subcontracts, that in the event timely performance of any such contract is delayed or threatened by any actual or potential labor dispute, all Subcontractor or lower- tiered Subcontractor shall immediately notify the next higher tier Subcontractor. Subcontractor or Contractor, as the case may be, of all relevant information concerning the dispute. 10.11 DISRUPTIONS CAUSED BY LABOR OR OTHER DISPUTES A. The Contractor shall take all reasonable steps to prevent all disputes arising from the presence of or the performance of Work by the Contractor and any of its subcontractors or suppliers from: (1) disrupting the Work under this Contract; (2) interfering with access to the Owner's property by the Owner, including its agents, representatives, employees and officials; (3) interfering with access and Work by any other contractors engaged in construction activities; and, (4) interfering with access to property by members of the public. B. If such a dispute disrupts the Work under this Contract or interferes in any way with access to the Owner's property or to the site of the Work by any persons, the Contractor shall promptly and expeditiously take all reasonable actions to eliminate or minimize such disruption or interference, including but not limited to: (1) utilizing all reasonable means to prevent all unlawful conduct or picketing, and restricting all lawful picketing or other activities to a single entrance to the property or site of the Work; (2) posting notices or signs which advise interested persons and labor organizations that a particular entrance to the property or site of the Work is for the employees of "primary" or, as the case may be, "neutral" employers; (3) policing entrances to ensure that only authorized personnel use the entrances; (4) notifying all interested labor organizations of the "primary" or "neutral" status of particular entrances; (5) upon request of the Owner, altering or rerouting the access to the site; and (6) in the event of any such picketing or activity is unlawful or has a secondary impact upon the employees of neutral employers, promptly and expeditiously taking appropriate action to seek recourse through the appropriate governmental agency or state or federal courts to limit the location of such picketing or activity so as to reduce the impact thereof upon neutral employers. C. The Owner will cooperate with the Contractor to accomplish the foregoing actions and will render assistance as may be in the best interests of the Owner. However, the Owner shall have the right, without providing additional compensation to the Contractor, to direct the Contractor to modify any of the foregoing actions the Contractor has taken or plans to take or to overrule such actions, to designate the entrances to be used as "primary" or "neutral" entrances, and to take appropriate legal action in order to protect the Owner's Contract No.WW01 -2014 Page 61 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions property and interests. Neither the failure of the Owner to request that the Contractor take a specific action nor the exercise by the Owner of its rights hereunder shall modify or constitute a defense to or waiver of the obligations imposed upon the Contractor in this paragraph. Failure by the Contractor to take the actions described above or to comply with the directives of the Owner shall be considered a material breach of this Contract and the Owner shall have all rights provided by law and in this Contract for such breach. D. In any event, to the maximum extent permitted by law, the Contractor shall be liable for and shall defend, indemnify, save and hold harmless the Owner and its agents, representatives, employees and officials from: (1) all claims, suits, or actions brought against the Owner by any third party (including, but not limited to, contractors, licensees and invitees of the Owner), including the costs of the same and attorney's and consultant's fees, which claims, suits, actions, damages or costs are caused in whole or in part by any dispute which disrupts the Work hereunder or otherwise interferes with access to the Owner's property; (2) all damages sustained by the Owner, including but not limited to the costs incurred by the Owner in relocating or rerouting access to the Owner's property and for taking other actions required to maintain the uninterrupted progress of Work under this Contract or other contracts and the uninterrupted operations of the Owner's facilities; and (3) all extra costs incurred by the Owner in administering this Contract, including attorney's and consultant's fees, arising from such disruptions or interference. E. The term "dispute" as used in this paragraph includes labor- related and non labor- related disputes, whether or not the person or other entities involved in the dispute have an employment relationship with either the Contractor or the Owner. Examples of such disputes include, but are not limited to, informational or other picketing, and all other forms of concerted or nonconcerted activity. F. The Owner shall be entitled to recover from the Contractor all of the attorney's fees and costs incurred by the Owner in establishing or enforcing the Owner's right to indemnity under this paragraph. 10.12 INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may perform Work during the Term of this Contract for other third parties; provided, however, that such performance of other Work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 10.13 LIQUIDATED DAMAGES AGAINST CONTRACTOR A. Time is of the essence of the Contract. Delays cause the potential for administrative fines for the City and environmental impacts. B. Because of this, the City finds it impractical to calculate the actual costs of delays. The liquidated damage amounts, as specified in Division 1 Section 01011 Contract Time, will be assessed for Contractor's failure to achieve each applicable milestone, to achieve Substantial Completion within the Contract Time and /or Final Acceptance, exclusive of those days where the City has granted an extension of time. These Liquidated Damages are not a penalty, but will be assessed against the Contractor for failure to achieve these Contract requirements. These Liquidated Damage amounts are fixed and agreed upon by and between the Contractor and City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages City would in such events sustain. Contract No.WW01 -2014 Page 62 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions Assessment of Liquidated Damages shall not release the Contractor from any further obligations or duties pursuant to the Contract Work. 10.14 EQUAL OPPORTUNITY EMPLOYER A. The provisions of this Contract shall be effective in all cases unless otherwise prohibited by Washington State Law or applicable Federal Law. The provisions of this Contract are separate and severable. The invalidity of any sentence, paragraph, provision, Section, Article, or portion of this Contract shall not affect the validity of the remainder of this Contract. B. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non - discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10.15 JOINT VENTURE CONTRACTOR In the event the Contractor is a joint venture of two or more contractors, the grants, covenants, provisos and claims, rights, power, privileges and liabilities of the contract shall be construed and held to be several as well as joint. Any notice, order, direct request or any communication required to be or that may be given by the Owner or the Construction Manager to the Contractor under this contract, shall be well and sufficiently given to all persons being the Contractor if given to any one or more of such persons. Any notice, request or other communication given by any one of such persons to the Owner or the Construction Manager under this contract shall be deemed to have been given by and shall bind all persons being the Contractor. 10.16 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. 10.17 APPRENTICE UTILIZATION Requirement (Applicable to Contracts over $1,000,000) A. Section left intentially blank. Contract No.WW01 -2014 Page 63 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions 10.18 ASSESS TO THE CONSTRUCTION SITE AND TO RECORDS The Contractor shall provide for the safe access to the construction site and to the contractor's records by Washington State Department of Ecology and Enviromental Protection Agency (EPA) personnel. The Contractor shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain audiable records. All such records shall be available to the Owner and to Washington State Department of Ecology and EPA personnel for examination. All records pertinent to this project shall be retained by the Contractor for a period of three (3) years after the final audit. 10.19 AMENDMENT OF GENERAL CONDITIONS These general conditions may be amended only by mutual consent of the owner and the contractor in writing. END OF SECTION 00 07 10 Contract No.WW01 -2014 Page 64 of 64 00710, Addendum No. 3 CSO Flow Monotoring General Conditions DIVISION 1- GENERAL REQUIREMENTS TABLE OF CONTENTS 01010 SUMMARY OF WORK 01011 CONTRACT TIME 01014 WORK SEQUENCE 01025 MEASUREMENT AND PAYMENT 01060 SAFETY AND HEALTH 01730 OPERATION AND MAINTENANCE INFORMATION 01800 ENVIRONMENTAL CONDITIONS SECTION 01010 PARTI GENERAL 1.1 SUMMARY A. General: This work entails calibrating, maintaining and monitoring existing CSO (combined sewer overflow) sensors. The contract will assist the City in complying with its NPDES Permit to discharge combined sewer overflows into Port Angeles Harbor; which requires the City to monitor CSO outfalis and report to the Department of Ecology any dry weather or wet weather overflows including the duration and volume of overflow. The contractor's responsibilities include calibrating flow meters, monitoring and analyzing data, maintaining monitoring equipment, communication and hosting of flow monitoring data, and submitting reports to the City. 1.2 WORK REQUIREMENTS Contractor will be responsible for 24 months of flow monitoring at 5 CSO sites, and 1 weather station site with an option for an additional year. A contract extension through Additive Year 3 will be at the City's discretion. The City is in the middle of multi -year construction project to reduce the number of CSO events and locations. Upon project completion in 2016 CSO events will be reduced to on average one overflow event per outfall based on a 5 year average. During additive year 3 the City expects to discontinue field service and wireless communication and reduce sites to only include monitoring at CSO 006, 010, 013, and hosting weather station data. The Contractor shall not be entitled to any adjustment in the contract or other unit pricing should a CSO site be discontinued by the City for monitoring, inspections, reporting, or any other work. Contractor shall perform maintenance and field service at CSO 006, 007, and CSO 008. At all five CSO sites the contractor will monitor the flows and remotely review the data twice weekly for the 24 month period. If poor or questionable data is observed at CSO 006, 007, 008 the contractor will perform site maintenance within 3 business days. If poor or questionable data is observed at CSO 010 or CSO 013 or the weather station the Contractor will notify the City within 1 business day. In addition to reporting overflows within 1 business day from all five CSO sites, the contractor shall host the flow data on a website and will also be responsible for hosting data from a city owned weather station. At CSO 006 it is the City's intent to discontinue contractor performed maintenance and field service at some point during the CSO Phase lI construction project. CSO 007 and 008 will be eliminated following the completion of CSO Phase II construction project scheduled for completion in 2016. At which time the City eliminates a CSO site or site maintenance the required work and quantities on Tasks 1 through 4 will be eliminated accordingly with no adjustment in unit pricing. Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -1 A. Description of Work. The Contractor will operate and maintain the current CSO overflow monitoring configurations. A site computation methodology paper for CSO 006, 007, 008 has been developed. CSO sites 006, 007, and 008 are still significantly impacted by connecting stormwater systems, causing backflow and occasional weir submergence. Site methodology papers shall be prepared by the contractor for CSO 010, 013. The five current CSO monitoring configurations are: • CSO site 006 monitored by a Flowshark model FS -A6, has a stable monitoring configuration. Depth is measured using ultrasonic and pressure sensors in the upstream chamber, and there is a direct measurement of velocity at the overflow outfall pipe to generate overflow volume by applying the continuity equation for volume measurement. • At CSO site 007, a Flowshark model FS -A6 measures depth using ultrasonic and pressure sensors in the upstream chamber and there is a direct measurement of velocity at the overflow outfall pipe to generate overflow volume. A flap gate exists on the overflow pipe. The flap gate closes as a result of backpressure generated under high tide conditions. • At CSO site 008 overflow is monitored by a Flowshark model FS -A6, overflow is calculated through the weir equation. Stormwater connections at the downstream manhole cause extreme interference with velocity measurement leading to inaccuracies with the continuity equation. • At CSO site 010, overflow is calculated through the weir equation. In a sufficiently sized vault a city- maintained ultrasonic and pressure sensor reports to City SCADA via fiber optic communication. • At CSO site 013, overflow is calculated with the weir equation. City maintained ultrasonic sensor measure depth of flow over the weir, sensor report to City SCADA via fiber optic communication. The City maintained weather station is a Coastal Environmental Systems Zeno Weather Station with rain gauge tipping bucket, temperature probe, and wind guage. The site maps, site photos, current monitoring configurations details, and measured drawings of each site are attached in Appendix A. The contractor will be responsible for 24 months of field service for site maintenance of CSO 006, 007, 008, with an option for 1 additional year. At all five CSO sites the contractor will monitor the flows and remotely review the data twice weekly for the 24 month period. If poor or questionable data is observed at CSO 006, 007, 008 the contractor will perform site maintenance within 3 business days. If questionable data is observed at CSO 010, CSO 013 or the weather station the Contractor will notify the City within 1 business day. The contractor will perform preliminary data analysis and reporting of any CSO overflow events within 1 business day of wet or dry weather overflows. Analysis includes validating and finalizing the data and preparing a monthly report of the depth, velocity, Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -2 flow data, overflow events and calculated volume in tabular, hydrograph and scatter graph format. A Final Report will be provided to the City by the 10th of each month. Flow data in Excel electronic format will also be provided, including a spreadsheet that indicates overflow duration and volumes for the report period. Task 1— Flow Monitoring Field Service (Bid Items 001, A01, B01) The Contractor will perform site maintenance at CSO 006, 007, and 008. At CSO 006 it is the City's intent to discontinue contractor performed maintenance and field service at some point during the CSO Phase II construction project. CSO 007 and 008 will be eliminated following the completion of CSO Phase II construction project scheduled for completion in 2016. The Contractor shall not be entitled to any adjustment in the contract or other unit pricing should a CSO site be discontinued by the City for monitoring, inspections, reporting, or any other work. Basic site maintenance includes: flow meter battery replacement, swap out of flow monitor, cleaning of the depth and velocity sensors, and checking of the installation to make sure that the ring is secure in the pipe. Extended site maintenance includes: additional manual confirmations (as determined by data review), sensor replacement, and equipment configuration changes. The Contractor shall provide all spare parts at the Contractor's expense to maintain the equipment. Those spare parts shall be maintained at the Contractor's closest office to the project site. A minimum of 10% of the major hardware component spare parts will be required. The Contracted party will provide 3 business day repair response time (a business day is Monday through Friday and excluding the following holidays): Holiday: New Year's Day Martin Luther King Jr. Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day Following Thanksgiving Day Christmas Day Task 2 — Monitoring System Uptime, Data Analysis, and Reports (Bid Items 01, A01, B01) Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -3 The Contractor shall provide a system -wide uptime of 95% or greater at CSO 006, 007, 008. Uptime is defined as the number of valid 15- minute flow data points divided by the total number of 15- minute intervals in the month. The contractor will monitor the flows and remotely review the data twice weekly for the contract period ( "monitoring period "). If the analyst observes questionable or poor data quality, the Data Analyst will issue a work order for contractor field crews to perform basic or extended maintenance at the flow monitoring locations and notify the City of any questionable or poor data at CSO 010, CSO 013, and weather station within 1 business day. Contract Year 3 Additive bid shall only include monitoring at CSO 006, 010, 013 and weather station. If system -wide uptime requirements are not met, the amount due the Contractor will be reduced. The payment due will be calculated monthly, based on verified performance (as reported by the Contractor). Payments would be authorized as follows: % of Monthly Uptime % of Normal Monthly Amount Payable = 95 to 100 100 = 80 to 94 75 = 70 to 79 50 = 60 to 69 25 =0to59 0 Upon collection of one month of data and for each month thereafter the Contractor Data Analyst will analyze, validate and finalize the data for each site (five flow monitors and one rain gauge or weather station). The data analyst will calculate the overflow volume using the continuity equation. Processed (analyzed and validated) data will be uploaded to the contractor hosted website by the 10th of each month. Initial data editing shall be performed by an analyst with a minimum of two years of direct experience. In addition to the provision of raw data, The Contractor will prepare a Final Report of the depth, velocity, flow data, overflow events and calculated volume in tabular, hydrograph, and scatter graph format. The Final Report will be provided to the City by the 10th of each month. Flow data in Excel® electronic format will also be provided, including a spreadsheet that indicates overflow duration and volume for the report period. (A sample format will be provided by the Contractor and approved by the City). Contract Year 3 Additive bid shall only include monitoring field service at CSO 006, 010, 013 and weather station. Task 3 — CSO Site Wireless Communication (Bid Items 003, A03, B03) The Contractor shall provide a method for remote access to the flow monitors at CSO 006, 007, 008; the Contractor shall install all remote access equipment and ensure it is operational. The Contractor shall pay all charges for wireless service. This shall include all hardware and work required for wireless communication. The Contractor shall provide software to communicate with the equipment as specified in task 6. Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -4 CSO 006, 007, and 008 flow monitors will transfer data through a Wireless service provided by Contractor to a website hosted by the Contractor. Contract Year 3 Additive bid shall only include monitoring field service at CSO 006, 010, 013 and weather station. Task 4 — Website Data Display and Alarm Notification (Bid Items 004. A04, B04) The Contractor will confer with the City to determine the alarm notification threshold for each site. Raw data will be uploaded to the website daily. Notification alarms will be sent to City personnel and other designated recipients when an overflow is detected at any of the five CSO locations. Alarms will be registered and stored on the Contractor's hosted website, in conjunction with all flow metering data, monthly overflow reports, site reports, maintenance logs, work orders, connectivity issues, battery voltage and any other documentation pertinent to the flow metering locations. The website will have the following features: • Map of all sites • Site Inspection or Review Sheets • Work -order Management System (WMS) data: including maintenance activities, instrument failures, etc. • Raw, QC'd, and Finalized Flow monitoring data: for all sites, with the ability to download the data as a .csv, comma - delineated, or other format. • Weather data including rain, temperature, and wind. • Downloadable graphs of the flow volume over time in Microsoft Excel. • Alarm function: Email notification of the start of an overflow event must be made to the City within 1 business day of the start of an overflow event. The event notification may be based on the raw monitoring data. A finish email notification must be made to the City within 1 business day of the finish of an overflow event and must contain an estimated flow volume, duration, and whether the event was a dry or wet weather overflow. Data from CSO 010 site will be transmitted through city operated SCADA and then transferred to a website hosted by the contractor, via FTP upload. CSO 013 will be brought into operation sometime in 2014, the contractor will host data collected by the city on the contractors website, via FTP upload. The Contractor will also implement a method for FTP upload of weather station data currently collected by a city owned weather station including rain, temperature, wind, and solar radation values. Contract Year 3 Additive bid shall only include monitoring field service at CSO 006, 010, 013 and weather station. Task 5 — Training, Support and Equipment (Bid Items 005, A05, B05) The Contractor will provide training, support services and repair or replacement of equipment to the City and /or its Consultants for City maintained weather station or flow monitors. Technical Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -5 assistance if requested by the City shall be billed hourly, at rates set by the contractor. Technical assistance may involve the replacement or calibration of a city operated site. The contractor shall comply with State prevailing wage law for any work requiring such, using the appropriate rate schedule for Clallam County. Reimbursement is based on actual quantities authorized in writing by the City and incurred by the Contractor. Task 6 — Flow Meter Initial Calibration (Bid Item 006) Contractor will verify that the flow conditions (depth and velocity) are as predicted, and are within the capabilities of the monitor such that site calibration checks are practicable (e.g., sites should have sufficient depth and velocity during dry weather to be measured by the monitor and to allow independent velocity checks using a hand -held velocity monitor.) This shall include developing site methodology papers for CSO 010, 013. The monitors will be activated and communication capacity established and set to take readings every 2 minutes during overflow events. Contracted crews will take manual depth readings with a ruler and velocity readings with a portable, instantaneous velocity meter in order to confirm the monitor is collecting accurate data based on the actual existing hydraulic conditions at each location. As a minimum requirement, confirmation of sensor accuracy shall be measured in the City's sewer at every site to verify meter accuracy on a quarterly basis. Task 7 — Website Set Up (Bid Item 007) The contractor shall host a website capable of receiving motioning data by July 23, 2014. The website will only be accessible by City authorized users. The website shall be capable of the following services: 1. A website with the capability for receiving data via a FTP site from City maintained and operated weather station and CSO 010 & 013, and contractor maintained and operated CSO 006, 007, 008. 2. Manage and store weather station data including rain, temperature, and wind values within the web site with the ability for the City to download the data in a Microsoft Excel format. Data exports will be available in a variety of different summary intervals; 5 min, 15 min, hourly, daily, weekly, monthly. 3. The software system shall have the ability, at a minimum, to display data for each site in the following formats: hydrograph, scattergraph, tabular, and uptime chart. 4. Direct upload of weather station data (rainfall, temperature and wind speed) from either the weather station itself or city network, with the intent of providing weather data to City web page viewers. 5. The ability to compare current rainfall data and CSO overflow data, and then as a part of Task 6 below, include in the alarm notification email a determination of a wet weather overflow or a dry weather overflow. 6. The software shall allow for the upload of final edited data and shall maintain a copy of both the final and the original data after upload. Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -6 7. The contractor shall upload City provided historic CSO and rain data from January 2012 to present. Task 8- Initial Installation or Replacement of Equipment Any initial equipment modification or replacement required to enable reliable monitoring and communication for contractor maintained CSO 006, 007, 008 shall be included in this task and described in the technical proposal. 1.3 PERMITS A. CONTRACTOR shall contact all Federal, State, and Local agencies to determine permitting requirements for construction related activities under their jurisdiction. CONTRACTOR shall obtain and pay for all permits required for completion of the Work. The mention of specific permits in the Contract Documents shall not imply that those are the only permits required and shall not relieve the CONTRACTOR of the responsibility to obtain any and all permits required for implementation of the Work. CONTRACTOR shall coordinate with appropriate permit authorities to arrange for progress inspections of the Work as required. B. The CONTRACTOR may contact the City of Port Angeles Department of Community and Economic Development, 321 E. 5t' Street, Port Angeles, WA 98362, 360- 417 -4804, for information regarding permits. C. Copies of all permits shall be provided to City and City' Representative upon receipt. D. No work shall be started until all permits are in order unless specifically approved otherwise in writing by either City or the permitting agency. Project WW04 -2014 Summary of Work CSO Flow Monitoring 01010 -7 Oak St Site Map "t W Railroad Ave Pacific Rim Hobby #136 Upstream - Sanitary Project WW04 -2014 — CSO Flow Monitoring Summary of Work 01010 -9 H Overflow 12.00" x Detailed ra le Inlet Pipe: .00" x 12.00" — Section Top View Cross Section Note; See next page for elevation measurements. Overt To Strait o loot to 6cate Project WW04 -2014 – CSO Flow Monitoring Side Inlet Pipe ►ir. of lour Summary of Work 01010 -10 PA_CS006 MH Elevations MH Elevations Point Distance Elevation # Description of Point to Rim Based off Rim 1 Rim, @ lowest point (W) 0.00" 15.73' 2 Base of invert @ MP1 ultrasonic 151.50" 3.10' 3 Base of invert (a, overflow 103.13" 7.14' 4 Face of MP 1 ultrasonic 75.75" 9.42' 5 Base of invert @ side inlet 137.13" 4.30' 6 Base of invert @ outlet 152.13" 3.05' 7 Point of overflow 103.13" 7.14' 8 Top of baffel, lowest point 85.38" 8.62' 9 Bottom of baffel, lowest point 109.38" 6.62' 10 1 Average ceiling 22.00" 13.90' Rim elevation of 15.73' taken from GIS provided by city. PA_CS006- Overflow MH Elevations MH Elevations Point Distance Elevation # Description of Point to Rim Based off Rim 1 Rim, @ lowest point (W) 0.00" 16.28' 2 Base of invert @ overflow inlet 109.25" 7.18' 3 Base of invert na, overflow outlet 117.50" 6.49' 4 Base of invert @ side inlet 78.75" 9.72' 5 Average bench 102.25" 7.76' Rim elevation of 16.28' taken from GIS provided by city. Project WW04 -2014 - CSO Flow Monitoring Summary of Work 01010 -11 Jechon ,•, Overflow Outlet Pif 12.00" x 11.75" PA _CS006- Overflow Detailed Drawing Top View Note: See next page for elevation measurements. Cross Section i Chamber Diameter: 48" Not to Scale Overflow Outl To Strait of Juan x Inlet Pipe Project WW04 -2014 — CSO Flow Monitoring Summary of Work 01010 -12 PA_CS007 c'v CID *Cdess N..,< Figure 2: CSO 7 Location & Site Map Ferry BW9, #101 W Railroad Ave Parking ,I® 0507 Site Location E Railroad Ave Garage v � House #8Q .a z E Front St Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -13 0-, 24. PA- 07 Detailed Drawing Inlet Pipe: 1.25' x 24.38" MP 1: Pre-w Seclfon 1 Outlet Pipe: 18.00" x 18.00" ToI2 View n Note: See next nage for elevation measurements, Figure 3: CS( Not to Sc Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -13 PA_CS007 MH Elevations MH Elevations Point Distance Elevation # Description of Point to Rim Based off Rim 1 Rim, @ lowest point (W) 0.00" 15.35' 2 Base of invert @ overflow 90.13" 7.84' 3 Face ofMPl ultrasonic 51.00" 11.10' 4 Base of invert @ side inlet 125.25" 4.91' 5 Base of invert (a, inlet 126.75" 4.79' 6 Point of overflow 90.13" 7.84' 7 Top of baffle, lowest point 57.88" 10.53' 8 Bottom of baffle, lowest point 118.50" 5.47' 9 Average ceiling 20.75" 13.62' Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -15 c ?q t l ® vet ow Downstream - Storm Detailed Drawing 8.00" x 8.00" To View � Cross See o Chambei Overflow Pipe To Strait of Juan Not to Seale Project WW04- 014 — CSO Flow Monitoring Suarnary of Work 01010 -16 M PA_CS007- Overflow MH Elevations ME Elevations Point Distance Elevation # Description of Point to Rim Based off Rim 1 Rim, @ lowest point (W) 0.00" 15.35' 2 Base of invert @ inlet 89.25" 7.91' 3 Base of invert A outlet 126.63" 4.80' 4 Base of invert @ side inlet 68.88" 9.61' 5 Base of invert @ side inlet 69.25" 9.58' Project WW04 -014 — CSO Flow Monitoring Summary of Work 0 10 10- 17 �' ` t t, k Figure 4: CSO 8 Location & Site Map m E, First St Project W W04 -014 — CSO Flow Monitoring Summary of Work 01010-18 Overflo 24"x To MP Ultras( Velocity, Pres: PA_CS008 Detailed Drawing Upstream - Sanitary Top View (Plywood) Project WW04 -014 — CSO Flow Monitoring 0" ' aedton Summary d Work 01010 -19 Cross Section Note: See next page for elevation measurements Overllc To Strait of J in Not to Scale ---r, concrete Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -20 PA CS008 MH and Weir Wall Elevations MH Elevations Point Distance to Distance Elevation # Description of Point to Rim Based off Rim Rim 1 Rim, @ lowest point (N) 0.00" 53.50' 2 Base of invert @ inlet 155.00" 40.58' 3 Base of invert n, overflow 160.25" 40.15' 4 Base of invert @ outlet 160.50" 40.13' 5 Point of overflow 117.00" 43.75' 6 Old weir wall point of overflow 127.75" 42.85' 7 Top of baffle, highest point 113.88" 44.01' 8 Average bench 131.25" 1 42.56' Rim elevation of 53.50' taken from GIS provided by city. Weir Wall Elevations Project WW04 -014 - CSO Flow Monitoring Summary of Work 0 10 10-21 Distance to Elevation Length Point Rim Based off Between Rim Points A 117.00" 43.75' 0.00" B 11 6.88" 43.76' 6.00" C 116.88" 43.76' 6.00" D 116.88" 43.76' 6.00" E 116.75" 43.77' 6.00" F 116.63" 43.78' 6.00" G 116.50" 43.79' 6.00" H 1 116.38" 1 43.80' 1 6.00" I 116.00" 43.83' 6.00" J 116.00" 1 43.83' 4.25" Total Length = 52.25" Project WW04 -014 - CSO Flow Monitoring Summary of Work 0 10 10-21 Overfl( 24.' Downstream 144' a T overfl To Sti-ai Not to Sea] Project WW04-014 — CSO Flow Monitoring Summary of'Work 01010-22 PA_CS008- Overflow MH Elevations MH Elevations Point Distance Elevation # Description of Point to Rim Based off Rim 1 Rim, @ N 0.00" 52.78' 2 Base of invert @ MP ultrasonic 170.00" 38.61' 3 Base of invert na overflow inlet 171.75" 38.47' 4 Face ofMPl ultrasonic 147.87" 40.46' 5 Base of invert A overflow outlet 177.00" 38.03' 6 Base of invert @ storm drain inlet 172.50" 38.41' 7 Bench, lowest 154.25" 39.93' 8 1 Average ceiling 31.50" 50.16' Rim elevation of 52.78' measured off of known elevation at PA CS008 (53.50'). Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -23 .r �-Mf Cso " 8ite Parkgspots LocaUon n House #317 Pmk Caroline St CA Garage U- E z EE E. Georglana $t Project WW04-014 — CSO Flow Monitoring Summary ofWork 01010-24 Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -25 Detailed Drawing 7) SDMH #10 -1 - 54 "0 MH TYPE 70,45 ; „ �;S �_ �f , I 56.50'+,'- NE (30" BRICK) E I* 56.70' Std' (30" t,S) 70.404 4� CSO #1fl RIM 71.47 \ y \ F t NC CLOSURE q 1E 56.90 S9�� (36" GS) 1E,�7.50 S (0 GS) f r ��`v BLOCK, SEE - 300 -C --007 1E 56.70 E (36" RS) V IE 57.10 +1 - NE (30" GS) 30 GS 1 P 121 70.942 ti 1 / ._rte 41 --- X0,813 Project WW04 -014 — CSO Flow Monitoring Summary of Work 01010 -25 M-WICTIJ Walkway Project WW04 -2014 — CSO Flow Monitoring Summary of Work 01010 -26 Weir Elevation above tank bottom — &-� -yi ON"E' - OVE:RFLOW BOX - B8 ** END OF SECTION ** Project WW04-2014 — CSO Flow Monitoring Summary of Work 01010-27 SECTION 01011 CONTRACT TIME PARTI GENERAL 1.1 COMPLETION SCHEDULE B. Task 1 -4: Flow Monitoring 1. Flow monitoring service shall begin on July 15, 2014 and run for 24 months. Near the completion of the service period the City may exercise its option for the Year 3 Additive Bid for an additional year. 2. Monthly overflow reports shall be provided to the City by the 10th of the following month. 3. Liquidated Damages shall be assessed the Contractor in the amount of $40 per CSO Site Per Day beginning 5 days past the monthly report due date. A. Task 5 — 6: Initial Flow Meter Calibration and Website Setup: 1. The WORK shall be completed by July 23, 2014 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * END OF SECTION * * Project WW04 -2014 Contract Time CSO Flow Monitoring 01011 -1 SECTION 01025 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SUMMARY Measurement is described under each bid item in Paragraph 01025 -1.02. Payment for the various items on the Bid Form, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals, as necessary to complete the various items of the work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto and including all costs of compliance with the regulations of public agencies having jurisdiction, including safety and health requirements of the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) and the Washington Industrial Safety and Health Act (WISHA) Department of Labor and Industries. No separate payment will be made for any item that is not specifically set forth in the Bid Form, and all costs therefore shall be included in the prices named in the Bid Form for the various appurtenant items of work. The Contractor shall not be entitled to any adjustment in the contract or other unit pricing should a CSO site be discontinued by the City for monitoring, inspections, reporting, or any other work. Indirect costs, such as supervision and overheads, profit, the general conditions specified in the Contract, all shall be allocated to each bid item as applicable for work defined in the bid item. No separate payment will be made to the Contractor for these items. 1.02 BID ITEM MEASUREMENT AND PAYMENT A. Bid Item Nos. 1 through 8 represent the entire scope of work covered by the Contract Documents. Bid Items 001, A01, 1301 The lump sum price for task 1 shall be full compensation for all labor, tools, material, equipment, and expenses or costs necessary for, but not limited to, all work as shown and specified in the Contract Documents and Contactor's technical and cost proposal. Measurement shall be based on Lump Sum contract price for each CSO site per month. The Project Manager will validate the percent complete for payment. Project WW04 -2014 Measurement and Payment CSO Flow Monitoring 01025 -1 Bid Items 002, A02, B02, 003, A03, A03 The lump sum price for tasks 2 through 3 shall be full compensation for all labor, tools, material, equipment, and expenses or costs necessary for, but not limited to, all work as shown and specified in the Contract Documents and Contactor's technical and cost proposal. All costs associated with monitoring the weather station for poor or questionable data are to be included within the unit prices for bid items 002, B02. The unit prices for bid items 003, A03, and B03 are for CSO sites with wireless communication. The work for CSO sites with fiber connectivity through SCADA for communications shall be considered incidental and shall be included within bid items of the various bid items of the contract. The Contractor shall provide a system -wide uptime of 95% or greater at CSO 006, 007, 008. Uptime is defined as the number of valid 15- minute flow data points divided by the total number of 15- minute intervals in the month. If system -wide uptime requirements are not met, the amount due the Contractor will be reduced. The payment due will be calculated monthly, based on verified performance (as reported by the Contractor). Payments would be authorized as follows: % of Monthly Uptime = 95 to 100 = 80 to 94 = 70 to 79 = 60 to 69 =0to50 % of Normal Monthly Amount Payable 100 75 50 25 0 Measurement shall be based on Lump Sum contract price for each CSO site per month. Bid Items 004, A04 B04 The lump sum price for tasks 4 shall be full compensation for all labor, tools, material, equipment, and expenses or costs necessary for, but not limited to, all work as shown and specified in the Contract Documents and Contactor's technical and cost proposal. All costs for the weather station including, data handling, storage, display and reporting shall be considered incidental and shall be included within the unit prices for bid items 004, A04, and B04. The lump sum unit contract price for Website Data Display and Alarm shall include, but is not limited to the cost associated with the following items: • Hosting data from flow meters • Uploading FTP data from CSO 010, 013 and weather station • Hosting data from weather station including rainfall, temperature, wind and solar • Overflow alarming and email notification of overflow events, including duration and volume of overflow for wet and dry weather overflows Project WW04 -014 Measurement and Payment CSO Flow Monitoring 01025 -2 Measurement shall be based on Lump Sum contract price for each CSO site per month. Bid Item 005, A05, B05: Training and Support Task 5 provides an allowance for the Owner for payments to the Contractor for training, support, and replacement of City maintained flow monitors and flow measurement modifications. Reimbursable costs will be compensated for the actual unit service /travel rates, and materials with markups, performed in accordance with the general terms and conditions set forth in the Contract. The allowance represents the estimated value used for bidding purposes only and is not a guarantee that amount will be reimbursed. The contractor shall comply with State prevailing wage law for any work requiring such, using the appropriate rate schedule for Clallam County. Reimbursement is based on actual quantities authorized in writing by the City and incurred by the Contractor. Bid Items 006 through 008 The lump sum price for tasks 6 through 8 shall be full compensation for all labor, tools, material, equipment, and expenses or costs necessary for, but not limited to, all work as shown and specified in the Contract Documents and Contactor's technical and cost proposal. Measurement shall be based on Lump Sum contract price and prorated based on work completed. The Project Manager will validate the percent complete for payment. * *END OF SECTION ** Project WW04 -2014 Measurement and Payment CSO Flow Monitoring 01025 -3 SECTION 01060 SAFETY AND HEALTH PART 1 GENERAL 1.01 DESCRIPTION This Section specifies procedures for complying with applicable laws and regulations related to worker safety and health. It is not the responsibility of the City to develop and/or manage the safety and health programs of contractors, or in any way assume the responsibility for the safety and health of their employees. It is required that all Contractors adhere to applicable federal, state and local safety and health standards. This Section describes the Accident Prevention Program which is a subset of the Safety Program defined in Paragraph 00710 3.24 of the General Conditions. 1.02 REFERENCES The Contractor shall comply with, and implement, current applicable local, state and federal Health and Safety Standards on the project site, including, but not limited to, the following: Reference I Title USC 651 et seq. 29 CFR 1910 29 CFR 1926 49 CFR 659 RCW 49.17 Chapter 296 -27 WAC Chapter 296 -62 WAC Chapter 296 -24 WAC Chapter 296 -155 WAC Chapter 296 -67 WAC 296 -36 WAC Chapter 296 -44 WAC Chapter 296 -45 WAC RCW 70.105 Project WW04 -2014 CSO Flow Monitoring Federal Occupational Safety and Health Act OSHA General Health and Safety Standards OSHA Construction Safety and Health Standards DOT Rail Fixed Guideway Systems (Traffic Safety) Washington Industrial Safety and Health Act Recordkeeping and Reporting Washington General Occupational Health Standards Washington General Safety and Health Standards Washington Safety Standards for Construction Work Process Safety Management Air Work Washington Safety Standards for Electrical Construction Work Washington Electrical Workers Safety Rules Hazardous Waste Disposal Act Safety And Health 01060 -1 Reference I Title Chapter 173 -303 WAC RCW 70.105D Chapter 173 -340 WAC SARA Title III PSAPCA Regulation 3, Article 4 1.03 DEFINITIONS Dangerous Waste Regulations Hazardous Waste Cleanup -Model Toxic Control Act Model Toxic Control Act Cleanup Emergency Planning and Community Right -to -Know Removal and Encapsulation of Asbestos Materials A. HAZARDOUS SUBSTANCE: 1. A substance classified as "dangerous waste" in accordance with WAC 173- 303 or that in sufficient quantities would be classified as "dangerous wastes ". 2. A solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or increase in serious, irreversible, or incapacitating reversible illness; or (b) pose substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed or otherwise managed. 3. Asbestos material, as defined in Puget Sound Air Pollution Control Agency ( PSAPCA) Regulations 3, Article 4, Removal and Encapsulation of Asbestos Materials. 4. Polychlorinated biphenyls (PCBs), polynuclear aromatic hydrocarbons (PAHs), explosives, radioactive materials, and other materials designated as hazardous by regulatory agencies having jurisdiction over such matters. B. CONTAMINATED SUBSTANCE: 1. A substance containing materials in abundant quantities such as hydrocarbons, PCBs, diesel fuels, gasoline, heavy metals, solvents, and other types of fuel oils present in the soil, water or air. 2 An element, compound, mixture, solution, or substance designated under Section 102 of CERCLA and /or applicable parts of MTCA. Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -2 3. A hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of Solid Waste Disposal Act (i.e., RCRA) except those suspended by an act of Congress. 4. A toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act (FWPCA). 5. A hazardous air pollutant listed under Section 112 of the Clean Air Act. 6. An imminently hazardous chemical substance or mixture with respect to which the EPA administrator has taken action against, pursuant to Section 7 of the Toxic Substance Control Act. C. CONFINED SPACE: Shall meet all of the following criteria: 1. It is large enough and so configured that a person can bodily enter and perform assigned work. 2. It has limited or restricted means of entry or exit. 3. It is not designed for prolonged employee occupancy. D. PERMIT - REQUIRED CONFINED SPACE: A confined space that has one or more of the following characteristics: 1. Contains or has potential to contain a hazardous atmosphere. 2. Contains material that has potential for engulfing an entrant. 3. Interior is shaped such that someone entering could be trapped or asphyxiated. 4. Contains any additional recognized serious safety or health hazards. 1.04 SUBMITTALS Not Used. 1.05 QUALITY ASSURANCE A. Contractor shall comply with the Washington Industrial Safety and Health Act of 1973, Chapter 49.17 Revised Code of Washington (RCW). B. Comply with the provisions of the Federal Occupational Safety and Health Act, as amended. Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -3 C. Ensure that subcontractors receive a copy of this Specification section, as well as ensure compliance with the Accident Prevention Program by its employees and subcontractors, at all tiers. D. Ensure that all submitted health and safety plans /programs are reviewed and approved by a Certified Safety Professional (CSP) and /or Certified Institutional Hygienist (CIH) prior to submittal. E. Coordinate with the Project Manager for approval of disconnection/ reconnection of utilities. F. Coordinate with the Project Manager and WWTP Superintendent in regards to the shutdown and safety tagout/lockout of pressurized systems, electrical, mechanical, pneumatic, hydraulic, etc. systems, and other equipment and utilities. G. Maintain tidiness in work areas, in accordance with Chapter 296 -155 -020 WAC. H. Ensure that ergonomic principles and practices are followed during project tasks. I. Provide, on site, a qualified health and safety supervisor, with the responsibility and full authority to coordinate, implement and enforce the Contractor's Accident Prevention Program for the duration of this Contract. The name and telephone number of the safety supervisor shall be listed in the Accident Prevention Program. 1.06 SPECIAL CONSIDERATIONS A. GENERAL: This paragraph describes certain minimum precautions for consideration in developing an Accident Prevention Program. It supplements the regulatory requirements of Paragraph 00710 3.23 of the General Conditions. Failure to comply with safety and health regulations will result in work suspension until adequate safety and health measures are implemented. Hazard Communication (WAC 296 -62 -054): a. Contaminant gases that may be encountered include but are not limited to Hydrogen Sulfide, Methane, Carbon Monoxide, Carbon Dioxide and Sulfur Dioxide. Contractor shall provide a written Hazard Communication Program and emergency management plan addressing these and other potential hazardous substances on site. b. Prior to commencing work, Contractor shall provide a list with corresponding Material Safety Data Sheets for hazardous chemicals to be used on site. If no hazardous chemicals are to be used, a statement to that effect shall be provided. Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -4 2. Confined Space (WAC 296 -62 -145): a. The nature of work under this Contract may expose workers to permit- required confined spaces having possible explosive, toxic and oxygen fluctuation conditions. b. Prior to execution of work in confined spaces, a written confined space safety program that meets the requirements of 29 CFR 1910.146 and 296 -62 -145 WAC shall be provided. 3. Other Site Safety Considerations: Prior to commencing work on this Contract, Contractor is expected to supply Port Angeles with a comprehensive written Accident Prevention Program covering the Contractor's activities on site. At a minimum, the Program shall include: • Respiratory Protection (WAC 296 -62 -071) • Accident/Injury Reporting (WAC 296 -27) • Emergency Plan (SARA Title III -- Community Right -to -Know) • Personal Protective Equipment (WAC 296 -155 -200) • Fall Restraint and Fall Arrest (WAC 296 -155- 24501) • Fire Safety and Prevention (WAC 296 - 155 -250) • Signs, Signals, and Barricades (WAC 296 - 155 -155 -300) • Material Handling, Storage, Use and Disposal (WAC 296 - 155 -325) • Hand and Power Tools (WAC 296 -155 -350) • Electrical (WAC 296 - 155 -426; 296 -24 -956; 296 -44 and 296 -45) • Ladders and Stairways (WAC 296 - 155 -475) • Floor Openings, Wall Openings and Stairways (WAC 296 - 155 -500) • Vehicles and other Motorized Equipment (WAC 296 -155 -600) • Tagout/Lockout • Dangerous Waste Management Program (WAC 173 -303 and 173 -340) • Demolition (WAC 296 -155 -775) • Drum/Container Management Procedures • Hearing Conservation (WAC 296 -62- 09015) • Earthquake Plan • Ergonomics 5. Special Hazards: a. Infectious Disease: Sewers carry a wide spectrum of disease - producing organisms. Contractor shall submit a written hazard communication and biological/bloodborne pathogen program detailing the preventive measures to be taken by the Contractor to provide an appropriate work environment for its employees as well Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -5 as Port Angeles employees on site. These may include, but are not limited to the following: 1) Instruction in appropriate measures to avoid contamination. 2) A preventative inoculation program (tetanus/ diphtheria, etc.) available to all personnel. 3) Clothing to protect against infection, including rubber boots with full sole and heel steel insert- liners, safety glasses or goggles, and gloves. 4) Facilities for workers to clean up and wash. b. Chlorine: Port Angeles uses chlorine as a disinfectant in the wastewater treatment plants. Chlorine, even in small concentrations, can cause irritation or burning of skin, coughing, pulmonary edema, and inflammation of the respiratory tract; in greater concentrations, it can cause cardiac complications. At a minimum, provide a written hazard communication program detailing the preventive measures to be taken by the Contractor to provide an appropriate work environment for its employees as well as Port Angeles staff on site. Where Contractor's work involves modifications to the chlorine delivery systems, provide a detailed Process Management Plan. C. Hazardous Waste: Historic mill operations conducted at the former Rayonier Mill site have resulted in known or suspected contamination to soil and groundwater. Rayonier has conducted and is conducting cleanup and removal actions at several locations on the Site under the provisions of an Agreed Order between the Washington Department of Ecology and Rayonier Properties, L.L.C. and its Predecessor companies. d. Chemicals of potential concern identified in soil and groundwater at the Site include: • Dioxins /furans • PCBs • Semi - volatile organic compounds • Pesticides • Metals • Petroleum hydrocarbons • Volatile organic compounds B. PROCESS SAFETY MANAGEMENT: The Port Angeles WWTP must comply with the provisions of the Process Safety Management regulations, 29 CFR 1910.119 and WAC 296 -67 -2300. This project may affect the Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -6 regulated processes. Contractor shall submit a written Process Safety Management Plan. At a minimum, the plan should cover: 1. Process safety information 2. Process hazard analysis 3. Operating procedures 4. Safety work practices 5. Review of hot work permits 6. Training 7. Contractors or subcontractors 8. Management of change 9. Pre - startup safety review 10. Mechanical integrity 11. Emergency planning and response 12. Compliance audits 1.07 UTILITIES Contractor shall take appropriate precautions in working near or with utilities and dangerous substances during the performance of work in order to protect the health and safety of the worker, the public, property and the environment. Such utilities and dangerous substances include, but are not necessarily limited to: 1. Conductors of- a. Residential sewage and Industrial waste b. Chlorine solution. b. Storm Drainage. 2. Natural gas pipelines operating at pressures greater than 60 pounds per square inch. 3. Electric conductors without concentric neutral conductors or other grounded metal shields or sheaths, either exposed or directly buried, or in duct or conduit. 4. Electric conductors with potential to ground of more than 300 volts. '._1 _ ':• 2.01 PRODUCT DATA Contractor shall provide the following product data to the Project Manager after the notice to proceed and before start of construction on site. Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -7 Accident Prevention Program for the Contractor in accordance with WAC 296 -24 -040. This program shall outline the anticipated hazards and safety controls necessary to safeguard Contractor's employees, the public and Port Angeles staff. It shall be specific to the job and site, and meet federal, state and local jurisdictional requirements. The program will be reviewed for compliance with this Section prior to the start of work. 2. Revisions: Revise the accident prevention program prior to the start of work to accommodate changes requested by Port Angeles and /or regulatory agencies or jurisdiction. Post a copy of the accepted program at the Contractor's job site office, and at each of the subcontractors' offices. Three additional copies shall be posted at the Project Manager's Office. 3. Health and Safety equipment and /or training material as specified in this Section. 4. A monthly safety and health activities report. PART 3 EXECUTION 3.01 SAFETY AND HEALTH COMPLIANCE Occasionally, the City will audit the Contractor's Accident Prevention Program. The City reserves the right to stop that portion of the Contractor's work that is determined to be a serious health and safety violation. On -going work that is considered_ a safety or health risk by the Project Manager shall be corrected immediately. The Contractor shall ensure that necessary air monitoring, ventilation equipment, protective clothing, and other supplies and equipment as specified are available to implement the Accident Prevention Program. Notify the Project Manager immediately of accidents resulting in an immediate or probable fatality to one or more employees or the public, or which result in hospitalization of two or more employees. Complete the Monthly Contractor Injury Summary Report. 3.02 ACCIDENT PREVENTION PROGRAM REVISIONS In the event that the City, regulatory agencies or jurisdictions determine the Accident Prevention Program or associated documents, organizational structure, or Comprehensive Work Plan to be inadequate to protect employees and the public: Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -8 Modify the Program to meet the requirements of said regulatory agencies, jurisdictions, and Port Angeles. 2. Provide the Project Manager with the revisions to the Program within 7 days of the notice of deficiency. * *END OF SECTION ** Project WW04 -2014 Safety And Health CSO Flow Monitoring 01060 -9 SECTION 01800 ENVIRONMENTAL CONDITIONS PART 1 GENERAL 1.01 SUMMARY This section describes the environmental conditions which may reasonably be anticipated throughout the life of the project. The site of the Work is at an elevation ranging from -30 to 100 feet above mean sea level. The site is subject to the corrosive effects of a marine environment. Climate conditions are described as follows: Winter Summer of Conditions 20 to 55 degrees F 4.0 to 8.5 inches of rainfall monthly 55 to 90 degrees F 0 to 4.0 inches of rainfall monthly Relative humidify, average outdoors 30 to 80 percent Barometric pressure 29.5 to 30.5 inches of mercury Additional conditions which may be applicable are specified in other sections. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. * *END OF SECTION ** Project WW04 -2014 CSO Flow Monitoring Environmental Conditions 01800 -1 Attachment A: Flow Computation Methodology Site PA_CS006 Overflow Computation Methodology See attached Detail Drawing showing plan and profile dimensions of weir and structure. Overflow Volume Calculation Method Figure 1. Top View of Overflow Weir at PA —CS006 Figure 2. Overflow Pipe at PA —CS006 Primary Quantification Method: September 29, 2009 — present Continuity Equation Q = A *Vaverege (calculated in the ADS Profile software) Reason Primary Method Chosen for This Site With the present physical configuration of this site and the frequent number of times overflows are experienced here, applying the Continuity equation is the best primary quantification method. This site was reconfigured on December 29, 2009 to facilitate more accurate overflow quantification (originally all sensors were located in the overflow pipe). Depth is measured using ultrasonic and pressure sensors in the upstream chamber and there is a direct measurement of velocity at the overflow outfall pipe to generate overflow volume. The raised baffle wall at this location is not suitable to use as a measurement weir. An overflow occurring at this location discharges into the Strait of Juan de Fuca. Limitations /Cautions On Use of Method Applicability Check for Use of Continuity: PA —CS006 Page 1 of 4 Version Tuesday, May 10, 2011 Applicability Applicability Check Yes /No Comment Potential Quantification Check Short Notes Value Units Error A Erratic and highly Unknown 50% Monitoring Point 1 (MP1) turbulent conditions Flow velocity out of 48.25 inches B range of sensor No C Extremely shallow flow No Non uniform cross 12.00 inches D sectional velocity Possibly = 20% distribution. Inconsistent or E indefinable cross No sectional pipe shape. Secondary Quantification Method (back up): No secondary method currently determined. Relevant Dimensions Beinp, Used for Quantification Logic Steps Used To Determine Overflow Volume 1. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal exceeds MP1 Point of Overflow. 3. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 4. Finalize MP1 VFinal 5. Compute overflow rate at MP1 using Continuity equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 6. Report overflow only when MP1 exceeds MP1 Point of Overflow. Example of Overflow Calculation I. Approximate 1 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 23,685 gallons for the period shown. PA_CS006 Page 2 of 4 Version Tuesday, May 10, 2011 Dimension /Observation Dimension /Observation Value Units Comments Definition Monitoring Point 1 (MP1) 48.25 inches Point of Overflow Monitoring Point 1 (MP1) 12.00 inches Overflow Pipe Diameter Logic Steps Used To Determine Overflow Volume 1. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal exceeds MP1 Point of Overflow. 3. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 4. Finalize MP1 VFinal 5. Compute overflow rate at MP1 using Continuity equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 6. Report overflow only when MP1 exceeds MP1 Point of Overflow. Example of Overflow Calculation I. Approximate 1 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 23,685 gallons for the period shown. PA_CS006 Page 2 of 4 Version Tuesday, May 10, 2011 � September 20, 2010 � a500 ---- --- -- ------- -- -------------'------�----- 2 500 0 - 1500 o � � �| � o� | | / � ' �a �� / --nov4 –+–Depth —pmxwo~ffl° Figure 2. Sample Overflow Depth and Flow HydroQmph ||. Expected accuracy of calculated overflow volume Approximate +/-20% overall error based depth measurement uncertainty (depth potential error of +/-0.25" based on best depth measurement – ultrasonic in this case) and velocity during the above example overflow. +/- 20% is a high conservative estimate of accuracy. In reality it may be closer to +c10%, but because it is not safe to enter the system during a CSO event manual confirmation of the depth and velocity as the event occurs is not possible. |U. Expected accuracy of overflow frequency The depth window in which overflow is potentially questionable is +/'025" based on depth and velocity measurement accuracy at that depth. The number of events per year during which the peak depth during the event was within this window: 2009: O PA–[S006 Page 3of4 Version Tuesday, May 1U,Z0I1 2010: 0 The number of overflow events per year: 2009: 38 2010: 17 IV. Possible Improvements With the present physical configuration of this site and the frequent number of times overflows are experienced here, applying the Continuity equation is the best primary quantification method. The only other improvements to improve accuracy would be a significant physical retrofit to include an engineered weir device for which all applicability factors would need to hp "ti.sfiprl. PA_CS006 Page 4 of 4 Version Tuesday, May 10, 2011 Site PA_CS007 Overflow Computation Methodology See attached Detail Drawing showing plan and profile dimensions of weir and structure. Overflow Volume Calculation Method Primary Quantification Method: September 29, 2009 — present Continuity Equation Q = A *Vaverage (calculated in the Profile software) Reason Primary Method Chosen for This Site With the present physical configuration of this site and the frequent number of times overflows are experienced here, applying the Continuity equation is the best primary quantification method. This site was reconfigured on January 6, 2010 to facilitate more accurate overflow quantification (originally all sensors were located in the overflow pipe). Depth is measured using ultrasonic and pressure sensors in the upstream chamber and there is a direct measurement of velocity at the overflow outfall pipe to generate overflow volume. Overflow event totals do not include any "negative quantities ". Negative quantities are calculated when the flap gate at the end of the overflow pipe shuts as a result of the pressure generated by the downstream storm water system, causing the velocity in the overflow pipe to become stagnant /swirling which is measured as negative values. The raised baffle wall at this location is not suitable to use as a measurement weir. An overflow occurring at this location discharges into the Strait of Juan de Fuca. Limitations /Cautions On Use of Method Applicability Check for Use of Continuity: Applicability Applicability Check Yes /No Comment Potential Quantification Check Short Notes Error A Erratic and highly Unknown = 50% turbulent conditions Flow velocity out of B range of sensor No C Extremely shallow flow No Non uniform cross D sectional velocity Possibly = 20% distribution. Inconsistent or E indefinable cross No sectional pipe shape. Secondary Quantification Method (back up): PA_CS007 Page 1 of 4 Version Tuesday, May 10, 2011 No secondary method currently determined. Relevant Dimensions Reins Used for Quantification Logic Steps Used To Determine Overflow Volume 1. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal exceeds MP1 Point of Overflow. 3. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 4. Finalize MP1 VFinal 5. Compute overflow rate at MP1 using Continuity equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 6. Report overflow only when MP1 exceeds MP1 Point of Overflow. Example of Overflow Calculation 1. Approximate 2 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 25,465 gallons for the period shown. September 20, 2410 PA_CS007 Page 2 of 4 Version Tuesday, May 10, 2011 Dimension/Observation Dimension/Observation Value Units Comments Definition Monitoring Point 1 (MP1) 35.00 inches ADS Field Measurement Point of Overflow Monitoring Point 1 (MP1) 24,38 inches ADS Field Measurement Overflow Pipe Diameter Logic Steps Used To Determine Overflow Volume 1. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal exceeds MP1 Point of Overflow. 3. Finalize MP1 DFinal (selection of most accurate data entity, either ultrasonic or pressure depth). 4. Finalize MP1 VFinal 5. Compute overflow rate at MP1 using Continuity equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 6. Report overflow only when MP1 exceeds MP1 Point of Overflow. Example of Overflow Calculation 1. Approximate 2 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 25,465 gallons for the period shown. September 20, 2410 PA_CS007 Page 2 of 4 Version Tuesday, May 10, 2011 II. Expected accuracy of calculated overflow volume Approximate +/ -20% overall error based depth measurement uncertainty (depth potential error of +/- 0.25" based on best depth measurement — ultrasonic in this case) and velocity during the above example overflow. +/ -20% is a high conservative estimate of accuracy. In reality it may be closer to +/ -10%, but because it is not safe to enter the system during a CSO event manual confirmation of the depth and velocity as the event occurs is not possible. III. Expected accuracy of overflow frequency The depth window in which overflow is potentially questionable is +/- 0.25" based on depth and velocity measurement accuracy at that depth. The number of events per year during which the peak depth during the event was within this window: 2009: 0 2010: 0 The number of overflow events per year: 2009: 27 2010: 36 IV. Possible Improvements With the present physical configuration of this site and the frequent number of times overflows are experienced here, applying the Continuity equation is the best primary quantification method. The only other improvements to improve accuracy would be a significant physical retrofit to include an engineered weir device for which all applicability factors would need to be satisfied. PA_CS007 Page 3 of 4 Version Tuesday, May 10, 2011 Site PA_CS008MH41 -14 Overflow Computation Methodology See attached Detail Drawing showing plan and profile dimensions of weir and structure. Overflow Volume Calculation Method Primary Quantification Method: June 2010 — present Sharp Crested Rectangular Contracted Weir equation (SCRCW) at PA_CS008MH41 -14 (installed April 28, 2010) Q = C1LH13 /2 Where C1= 3.33 Historical Quantification Method: September 29, 2009 — May 2010 at PA_CS008 Continuity Equation Q = A *Vaverage (calculated in the Profile software) Reason Primary Method Chosen for This Site With the present physical configuration of this site and the number of times overflows are experienced here, applying the SCRCW equation is the best primary quantification method. Upon review of the applicability constraints the raised baff le wall at this location is not ideal to use as a measurement weir, however quantifying the flow using the weir is a better alternative than direct measurement because of the severe downstream influence of storm water on the overflow pipe during overflow events (making the capture of reliable velocity data impossible). At the beginning of June 2010 it was recommended that the site originally installed temporarily, PA— CS008MH41 -14 be used as the primary overflow calculation site (ultrasonic and pressure depth only). An overflow occurring at this location discharges into the Strait of Juan de Fuca. Limitations /Cautions On Use of Method Applicability Check for Use of SCRCW: Applicability Applicability Check Yes /No Comment Potential Quantification Check Short Notes Error Approach depth (P) > A 3.94" Yes B Depth (H) > 1.18" Unknown Review storm events for this condition. Weir length (L) > C 5.91" Yes Review storm events for this D Ratio of H/P < 2 Unknown condition. E Weir is level with No Weir is not level. = 30% PA_CS008M H41 -14 — 7 Page 1 of 4 Version Tuesday, May 10, 2011 Secondary Quantification Method (back up): No secondary method currently determined. Relevant Dimensions Being Used for Quantification square edges Dimension /Observation Approach conditions Value Units Comments sub critical and free F Unknown inches Variable Weir Width of waves with 0.75 inches ADS Field Measurement velocity <0.5 ft/s Point of Overflow Free fall of water of 38.00 Review storm events for weir ADS Field Measurement G yields H Yes >100% backside of weir crest submergence Secondary Quantification Method (back up): No secondary method currently determined. Relevant Dimensions Being Used for Quantification Logic Steps Used To Determine Overflow Volume 1. Finalize DFinal MP1 (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal MP1 exceeds weir crest (Point of Overflow). 3. Compute overflow volume using DFinal MP1 that exceeds the Point of Overflow in the weir equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 4. Test and correct quantification total for submergence, based on Manning's flow rate for outgoing pipe capacity (and not accounting for storm water influence) 24.00" diameter pipe, (assume slope 0.01, Manning's Roughness 0.013) 23ft3/s. Example of Overflow Calculation I. Approximate 1 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 30,492* gallons for the period shown. *based on a Point of Overflow at 37.88" which was updated on October 1, 2010 to 38.00 ". PA CSO08MH41 -14 — 7 Page 2 of 4 Version Tuesday, May 10, 2011 Dimension /Observation Dimension /Observation Value Units Comments Definition Weir Length (L) 46.75 inches ADS Field Measurement Weir Width 0.75 inches ADS Field Measurement DFinal minus this value Point of Overflow 38.00 inches ADS Field Measurement yields H difference between Weir Levelness highest and lowest weir 1.00 inches ADS Field Measurement crest elevation Weir Roughness based on observation OK N/A ADS Field Observation (pitting, chunks missing) Logic Steps Used To Determine Overflow Volume 1. Finalize DFinal MP1 (selection of most accurate data entity, either ultrasonic or pressure depth). 2. Check if DFinal MP1 exceeds weir crest (Point of Overflow). 3. Compute overflow volume using DFinal MP1 that exceeds the Point of Overflow in the weir equation from 5.1 using 5 -min (or 2 -min) interval data, whichever logged. 4. Test and correct quantification total for submergence, based on Manning's flow rate for outgoing pipe capacity (and not accounting for storm water influence) 24.00" diameter pipe, (assume slope 0.01, Manning's Roughness 0.013) 23ft3/s. Example of Overflow Calculation I. Approximate 1 hour duration overflow on September 20, 20010 illustrated. Depth (right axis) illustrated as blue line, green line depicts overflow rate computed via Continuity equation (left axis) and red line represents Point of Overflow. Total overflow volume was 30,492* gallons for the period shown. *based on a Point of Overflow at 37.88" which was updated on October 1, 2010 to 38.00 ". PA CSO08MH41 -14 — 7 Page 2 of 4 Version Tuesday, May 10, 2011 September 20, 2010 4500 _ _ _ a( 4000 3500 - 3000 0 2500 2000 1500 1000 - 500 0 44 42 =10 .i 33 a 4 36 34 ;2 30 d'. IP. �P. 6.R• 19.. d.. R 1 A ` .. 0 Q. i�.. R I R A.. R S. . ' eP.. P. 'P. J', d'. cP. gy. 'P. 'P. f�,O`, `, P ` "'P'xw •vq 9-, 6. iP. O. Is. 61. o. O. V. s. R.O.R.R.R,R.0 .O,Rfl.R. R.RR R R O 0 O R O R O R O O 0 0 0 O R . R s6. ,RO .RO 14, -% it, 1% qll 4t, 14" qyy -Flow —*,-Depth - Pointofoverflov. Figure 2. Sample Overflow Depth and Flow Hydrograph Expected accuracy of calculated overflow volume Approximate +/ -30% overall error based depth measurement uncertainty (depth potential error of +/- 0.25" based on best depth measurement — ultrasonic in this case) and velocity during the above example overflow. 111. Expected accuracy of overflow frequency The depth window in which overflow is potentially questionable is +/- 0.25" based on depth and velocity measurement accuracy at that depth. The number of events per year during which the peak depth during the event was within this window: 2009: Prior to present configuration 2010: 0 The number of overflow events per year: 2009: PA_CS008 —15 2010: PA —CS008 —1, PA— CS008M H41 -14 — 7 PA CS008MF141 -14 — 7 Page 3 of 4 Version Tuesday, May 10, 2011 IV. Possible Improvements The only other improvements to improve accuracy would be a significant physical retrofit to improve the type of weir device for which all applicability factors would need to be satisfied. PA CSO08MH41 -14 — 7 Page 4 of 4 Version Tuesday, May 10, 2011