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HomeMy WebLinkAbout000790 Original ContractCity of Port Angeles Record # 000790 ADDENDUM NO. 1 TO PROJECT MANUAL FOR Upgrade and Expansion of Wastewater Utility SCADA System PROJECT NO. WW02-2010 NOTICE TO PROSPECTIVE BIDDERS Proposals Due: April 15, 2013 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: 1) Proposer questions or assistance can also be directed to the Assistant Project Manager, James Burke, in writing by facsimile at (360) 417-4709 or by email at jburke ,cityofportaneg_les.us. 2) Reference documents cited in Section 01010 paragraph 1.2.1 and 1.2.3 have been placed on the City of Port Angeles FTP Site. To access the City FTP site please contact James Burke by email at jburke@cityofportangeles.us. The Proposal Opening date and time has not been changed. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-responsive. Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NO.1 1 ADDENDUM NO.2 TO PROJECT MANUAL FOR Upgrade and Expansion of Wastewater Utility SCADA System PROJECT NO. WW02-2010 NOTICE TO PROSPECTIVE BIDDERS Proposals Due: April 15, 2013 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: The March 18, 2013 preproposal conference date has been CANCELLED. The new preproposal conference date will be held at 10:00 a.m March 25, 2013. 1) SECTION 00020, ADVERTISEMENT FOR BIDS has been DELETED and REPLACED with the attached Revised SECTION 00020. 2) The email address provided in Addendum No. 1 for James Burke is incorrect. REPLACE the email address in Addendum No. 1 for James Burke with the following email address: jburke@cityofpa.us. Proposal Opening date and time has not been changed. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-responsive. 6DeyPE Punte ey, PE ector o Engineering Service Attachment: Revised SECTION 00020 Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NO.2 I SECTION 00020 REQUEST FOR PROPOSAL UPGRADE AND EXPANSION OF WASTEWATER UTILITY SCADA SYSTEM PROJECT WW02-2010 City of Port Angeles Proposals for the Upgrade And Expansion Of Wastewater Utility Scada System Project WW02- 2010 will be received by the Director of Public Works & Utilities at 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362, until 2:00 p.m. local time on Monday, April 15, 2013. The City is seeking technical and cost proposals from qualified supervisory control and data acquisition (SCADA) system contractors and/or integrators (hereafter the "BIDDER") to provide the City of Port Angeles (hereafter the "CITY") with design, installation, upgrading, expansion, programming, integration, and maintenance services for the City's Wastewater Utility's SCADA system. Existing control system functionality will remain the same with new hardware being direct replacements or augmenting SCADA reporting of existing Wastewater Treatment Plant (WWTP) processes. The initial scope may, at the CITY's option, be expanded to include other related SCADA system improvements to provide an integrated and cohesive system for the CITY's use. The project will be a multiphase project, with work spanning up to a five (5) year period. In addition, maintenance and support will occur during this term with the option to extend maintenance and support for five (5) additional years. The contract contains for phases: Phase A — Design, Upgrade, and Replace Existing WWTP SCADA system. The existing equipment is to be replaced including modern programmable logic controllers (PLCs) for four (4) control panels and other associated equipment, such as computers, information technology, networking, and software improvements. Bidder will provide upgrade design, integration, installation, and programming to implement the same or similar configuration with improved functionality of the existing SCADA system. The primary system will have control redundancy and all units (including networking equipment within this scope) will have UPS power protection with battery backup. Phase B — CSO Phase 1 Applications Programming. The CSO Phase 1 project is currently under construction and provides new sewer interceptors, tanks, facilities, upgrades, and improvements to the wastewater plant and infrastructure. The work of this SCADA phase includes all necessary programming required to provide a complete SCADA system implementation that has not been included in the separate CSO Phase 1 contract, and that will be compatible with the Phase A implementation of this contract. There are six (6) control panels associated with Phase B that require applications programming. Phase C — Offsite Facilities not at Existing WWTP or CSO. This Phase of the project will replace offsite controllers with modern controllers as designed for the systems provided in Phase A. There are three (3) offsite control panels connected through fiber optic networks owned by the CITY. There are ten (10) additional sites without existing communications into Project WW02-2010 Request for Proposal Addendum No.2 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-1 the SCADA control system for a total of thirteen (13) sites included in this phase. There is no guarantee that all sites will be implemented or that this phase will be awarded. Phase D — CSO Phase 2 Applications Programming. The CSO Phase 2 construction contract will replace the CITY's pump station number 4 (PS4) entirely, replace gravity sewer mains in the downtown area, as well as alterations to CSO outfalls 6, 7, and 8. This phase includes all necessary programming and installation of programming required to provide a complete SCADA implementation that is not included in the separate CSO Phase 2 contract. Programming will be done with to the WWTP SCADA system and compatible with the Phase A implementation of this contract. There is no guarantee that this phase will be awarded. 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 (360-417-4808). A preproposal conference including site walk will be held at 10:00 a.m. March 25, 2013, starting at the City Wastewater Treatment Plant at 1500 E. Columbia Street, Port Angeles, WA 98362. Driving directions are available upon request from the Project Manager. Representatives of the City will be present at the conference to discuss the Project. Prospective Proposers, subcontractors and suppliers are encouraged to attend and participate in the conference. The City will transmit via Builders Exchange of Washington any Addenda as the City considers necessary in response to questions arising at the conference. No oral clarification or interpretation will be made regarding the meaning or intent of the Contract Documents. Oral statements may not be relied upon and will not be binding on the City or legally effective. Interpretations or clarifications considered necessary by the City will be issued in the form of Addenda to the Contract Documents. 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, Michael Szatlocky, P.E., Civil Engineer, in writing by facsimile at (360) 417-4709 or by email at mszatloc@citxofpa.us. Proposers may contact James Burke, Assistant Civil Engineer by email at jburke o,cityofpa.us to request access to the reference documents cited in Section 01010 paragraph 1.2.1 and 1.2.3. Project WW02-2010 Request for Proposal Addendum No.2 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-2 Michael C. Puntenney, P.E. City Engineer Abbreviated Version Publishing Dates: 1) Peninsula Daily News (3/10/2013) 2) Daily Journal (3/8/2013) **END OF SECTION** Project WW02-2010 Request for Proposal Addendum No.2 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-3 ADDENDUM NO.3 TO PROJECT MANUAL FOR Upgrade and Expansion of Wastewater Utility SCADA System PROJECT NO. WW02-2010 NOTICE TO PROSPECTIVE BIDDERS Proposals Due: April 15, 2013 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: SUPPLEMENTAL INFORMATION 1) The following information has been placed on the City FTP site. a. Wastewater Treatment Plant Expansion b. Preproposal Conference PowerPoint Presentation To access the City FTP site please contact James Burke by email at jburke@cityofpa.us SPECIFICATION 1. SECTION 00020 ADVERTISEMENT FOR BIDS has been DELETED and REPLACED with the attached REVISED II ADVERTISEMENT FOR BIDS. (The Wastewater Treatment place has three U control panels and other associated equipment, such as computers, information technology, networking, and software improvements.) 2. SECTION 00100 INSTRUCTION TO BIDDERS, paragraph 4.A BASIS OF AWARD has been DELETED and REPLACED with the following: 4. BASIS OF AWARD: A. The City will award a firm fixed-price contract for Phases A and B and time and material maintenance 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 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 Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NO.3 I 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. 2. SECTION 00100 INSTRUCTION TO BIDDERS, paragraph 25 RETURN OF BID SECURITY has been DELETED. 3. SECTION 00301 PRICE SHEET has been DELETED and REPLACED with the attached REVISED PRICE SHEET. 4. SECTION 00710 GENERAL CONDITIONS, paragraph 9.3 BONDS has been DELETED and REPLACED with the following: 9.3 BONDS The Contractor shall provide two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the Work and the other as security for the faithful payment and satisfaction of the persons furnishing materials and performing labor on the Work. The bonds shall be issued by a corporation duly and legally licensed to transact surety business in the state of Washington. Such bonds shall remain in force throughout the period required to complete the Work, and thereafter for a period of 365 calendar days after final acceptance of the Work. The bonds must be executed by a duly licensed surety company, which is listed in the latest circular 570 of the United States treasury department, as being acceptable as surety on federal bonds. No surety's liability on the bonds shall exceed the underwriting limitations for the respective surety specified in circular 570. The scope of the bonds or the forms thereof prescribed in these Contract documents in sections 00610 shall in no way affect or alter the liabilities of the Contractor to the owner as set forth herein. 5. SECTION 01010 SUMMARY OF WORK, paragraph 1.3A.1 has been DELETED and REPLACED with the following: 1. Phase A — Existing WWTP Facility The existing equipment is to be replaced with modern programmable logic controllers (PLCs) for three (3) control panels. Provide programming to implement the same or similar functionality to the previous construction Contract design (in other words, similar to how the system currently works). If desired, the CONTRACTOR may reverse engineer or use existing PLC code and configurations as guidelines for PLC programming and the narrative. The primary system will have redundancy and all units (including networking equipment within this scope) shall have UPS power protection with battery backup. Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NO.3 2 The existing process visualization (HMI) system for the Wastewater Treatment Plant (WWTP) shall be replaced/upgraded with the latest version of SIMATIC WinCC as specified herein. The existing HMI application software at the WWTP is SIMATIC WinCC, V7.0. The WWTP currently holds four (4) licenses which may be reused for upgrading. The existing HMI application software at the Water Treatment Plant is SIMATIC WinCC V7.0 with SP1. The actual implementation of the work at the existing facilities shall be coordinated such that the existing plant is able to continue adequate operations during any construction or modification work. Only one control panel at a time may be modified for Phase A work. In other words, work at each control panel shall be completed (including startup and testing) before proceeding to another control panel. New processors at the WWTP shall integrate with Siemens S7-300 PLCs provided under the CSO Phase 1 Contract (and future CSO Phase 2 Contract). The new PLCs provided under this Contract shall also be able to communicate to the three (3) existing PLCs in the Port Angeles Water Utility SCADA system, which may be included in a future Contract. The new PLCs at the plant must include the ability to transfer by quiescent (PLC to PLC) messaging between PLCs provided under the CSO Phase 1 Contract, the existing PLCs at the Water treatment plant, and all of the PLCs provided under this Contract. Each control panel shall have an Operator Interface installed on the exterior to be accessible to WWTP Operators. Provide a process visualization software suite with sufficient capacity to accommodate all of the Phases listed in this Contract (i.e., Phase A, Phase B, Phase C, and Phase D). Provide a historical server for all data points collected within the visualization system. Provide new SCADA virtual computer configurations (as per Paragraph 8 below) with process visualization software suite, backup, historical data server, and PLC Programming and Configuration Software suite installed and irrevocably licensed to the City. Provide new virtual computer at the City of Port Angeles Corp Yard for SCADA alarm annunciation. The City shall provide the computer hardware, the Operating Systems licenses, and virtual host program (vSphere) for the Contractor's use. Provide Ethernet switched network to support connections between buildings and to the City's network over fiber optic cables or copper cables. Provide protocol gateways, bridges, and media converters as needed to implement communications networks. 6. SECTION 01010 SUMMARY OF WORK, paragraph 1.5 CONTRACT has been DELETED and REPLACED with the following: Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT WW02-2010 ADDENDUM NO.3 3 1.5 CONTRACT A. The Work will be performed by the CONTRACTOR for Phases A and B as separate lump sums. The initial year of maintenance services (calendar year 2013 -2014) work will be provided under a service rate, time and materials payment schedule. B. The work for subsequent phases if awarded or additional work will be added through a negotiated contract addendum. Maintenance service budget for each subsequent year shall be controlled by the City for the initial 5 year service period and for the follow-on optional 5 year period if awarded. C. Service rates 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. Proposal Opening date and time has not been changed. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-re"soonsive. NEC-hael C. Puntenni , Deputy Director of Enj Attachment: REVISED II SECTION 00020 REVISED SECTION 00301 Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NO.3 4 SECTION 00020 REQUEST FOR PROPOSAL UPGRADE AND EXPANSION OF WASTEWATER UTILITY SCADA SYSTEM PROJECT WW02-2010 City of Port Angeles Proposals for the Upgrade And Expansion Of Wastewater Utility Scada System Project WW02- 2010 will be received by the Director of Public Works & Utilities at 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362, until 2:00 p.m. local time on Monday, April 15, 2013. The City is seeking technical and cost proposals from qualified supervisory control and data acquisition (SCADA) system contractors and/or integrators (hereafter the "BIDDER") to provide the City of Port Angeles (hereafter the "CITY") with design, installation, upgrading, expansion, programming, integration, and maintenance services for the City's Wastewater Utility's SCADA system. Existing control system functionality will remain the same with new hardware being direct replacements or augmenting SCADA reporting of existing Wastewater Treatment Plant (WWTP) processes. The initial scope may, at the CITY's option, be expanded to include other related SCADA system improvements to provide an integrated and cohesive system for the CITY's use. The project will be a multiphase project, with work spanning up to a five (5) year period. In addition, maintenance and support will occur during this term with the option to extend maintenance and support for five (5) additional years. The contract contains for phases: Phase A — Design, Upgrade, and Replace Existing WWTP SCADA system. The existing equipment is to be replaced including modern programmable logic controllers (PLCs) for three (3) control panels and other associated equipment, such as computers, information technology, networking, and software improvements. Bidder will provide upgrade design, integration, installation, and programming to implement the same or similar configuration with improved functionality of the existing SCADA system. The primary system will have control redundancy and all units (including networking equipment within this scope) will have UPS power protection with battery backup. Phase B — CSO Phase 1 Applications Programming. The CSO Phase 1 project is currently under construction and provides new sewer interceptors, tanks, facilities, upgrades, and improvements to the wastewater plant and infrastructure. The work of this SCADA phase includes all necessary programming required to provide a complete SCADA system implementation that has not been included in the separate CSO Phase 1 contract, and that will be compatible with the Phase A implementation of this contract. There are six (6) control panels associated with Phase B that require applications programming. Phase C — Offsite Facilities not at Existing WWTP or CSO. This Phase of the project will replace offsite controllers with modern controllers as designed for the systems provided in Phase A. There are three (3) offsite control panels connected through fiber optic networks owned by the CITY. There are ten (10) additional sites without existing communications into Project WW02-2010 Request for Proposal Addendum No.3 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-1 the SCADA control system for a total of thirteen (13) sites included in this phase. There is no guarantee that all sites will be implemented or that this phase will be awarded. Phase D — CSO Phase 2 Applications Programming. The CSO Phase 2 construction contract will replace the CITY's pump station number 4 (PS4) entirely, replace gravity sewer mains in the downtown area, as well as alterations to CSO outfalls 6, 7, and 8. This phase includes all necessary programming and installation of programming required to provide a complete SCADA implementation that is not included in the separate CSO Phase 2 contract. Programming will be done with to the WWTP SCADA system and compatible with the Phase A implementation of this contract. There is no guarantee that this phase will be awarded. 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 (360-417-4808). A preproposal conference including site walk will be held at 10:00 a.m. March 25, 2013, starting at the City Wastewater Treatment Plant at 1500 E. Columbia Street, Port Angeles, WA 98362. Driving directions are available upon request from the Project Manager. Representatives of the City will be present at the conference to discuss the Project. Prospective Proposers, subcontractors and suppliers are encouraged to attend and participate in the conference. The City will transmit via Builders Exchange of Washington any Addenda as the City considers necessary in response to questions arising at the conference. No oral clarification or interpretation will be made regarding the meaning or intent of the Contract Documents. Oral statements may not be relied upon and will not be binding on the City or legally effective. Interpretations or clarifications considered necessary by the City will be issued in the form of Addenda to the Contract Documents. 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, Michael Szatlocky, P.E., Civil Engineer, in writing by facsimile at (360) 417-4709 or by email at mszatloc(a�,cityofpa.us. Proposers may contact James Burke, Assistant Civil Engineer by email at jburke@cityofpa.us to request access to the reference documents cited in Section 01010 paragraph 1.2.1 and 1.2.3. Project WW02-2010 Request for Proposal Addendum No.3 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-2 Michael C. Puntenney, P.E. City Engineer Abbreviated Version Publishing Dates: 1) Peninsula Daily News (3/10/2013) 2) Daily Journal (3/8/2013) **END OF SECTION** Project W W02-2010 Request for Proposal Addendum No.3 Upgrade and Expansion of Wastewater Utility SCADA System Revised 00020-3 Bidder's Name: SECTION 00301 PRICE SHEET UPGRADE AND EXPANSION OF WASTEWATER UTILITY SCADA SYSTEM PROJECT WW02-2010 (NOTE TO BIDDER: Use ink when completing this Bid Schedule) FROM: ADDRESS: DATE: TO: Director of Public Works & Utilities ADDRESS: 321 East Fifth Street Port Angeles, Washington 98362 PROJECT TITLE: Upgrade and Expansion of Wastewater Utility SCADA System 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 identify 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 information 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) Documents. Project WW02-2010 Addendum No.3 Upgrade and Expansion of Wastewater Utility SCADA System through to the Contract Price Sheet 00301-1 Bidder's Name: Lump Sum 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. Service Maintenance Item Bid Item 3, First Service Year of Maintenance Calendar Year 2013-2014, will be based on the Professional Service Rates and Markups established in this section. The Contractor shall be compensated for the actual unit quantities performed in accordance with the general terms and conditions set forth in the Contract. The "Total Amount" represents the estimated value used for bidding purposes only and is not a guarantee that amount will be reimbursed. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. Time & Material Items (T&M) Time and Material Items are subject to the provisions of paragraph 00710-5.2F, Time and Materials Method. Bid Item 3, First Service Year of Maintenance, will be based on the Professional Service Rates and Markups established in this section; Bid Item 4, Minor Changes, will be by equitable adjustment using the Finn Fixed Price Method or the Time and Material Method under paragraph 00710-5.2, Method to Calculate Adjustments to Contract Price. The "Total Amount" represents the estimated value used for bidding purposes only and is not a guarantee that amount will be reimbursed. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. Note: Bid Items are described in Section 01025 —Measurement and Payment. Do not write in the shaded boxes Bid Subtotal $ Sales Tax ($.4%) Total Bid $ Project WW02-2010 Addendum No.3 Upgrade and Expansion of Wastewater Utility SCADA System Price Sheet 00301-2 Bidder's Name: Item Additive Bid Estimated Direct Salary Unit Price No. Descri tion of Item Quantity Units (Figures) Total Amount Al P&ID Drawings Update a Lump Sum $ Additive Bid Subtotal $ Sales Tax (8.4%) $ Total Bid Professional Service Rates and Markups: Bidder is to provide their rates for maintenance service including servicing, reprogramming, technical assistance 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 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: % Service Maintenance Classification: Direct Salary Overhead Profit Total Rate (Section 17900) (DS) (fill-in % of (fill-in % of (Escalated First DS DS) Year of Contract) - Emergency Service Response (per hour) - Next Business Day Service Response (per hour) - Scheduled Service Response (per hour) - Travel (per round-trip) includes all transportation costs Project WW02-2010 Addendum No.3 Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-3 Bidder's Name: Subcontractor Listing — RCW 39.30.060 Pursuant to RCW 39.30.060, the Bidder shall list as part of its bid either itself or the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation and air conditioning ("HVAC"), plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW. The Bidder shall not list more than one subcontractor for each category of work, Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same category of work shall render the Bidder's Bid nonresponsive and, therefore, void. The requirement of this section to name the Bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the general contractor submitting the Bid to the City. Electrical work must be performed by a licensed electrical contractor. Bidders are cautioned that installation of electrical equipment (PVC or metal conduit, junction boxes or similar work) may be considered electrical work even if for future use and no electrical current is involved. WORK CATEGORY BID ITEM HVAC FIRM PLUMBING FIRM ELECTRICALFIRM Project WW02-2010 Addendum No.3 Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-4 Bidder's Name: BID FORM SIGNATURE The undersigned declares that before preparing their bid, they read carefully the specifications and requirements for bidders and that their bid is made with the full knowledge of the kind, 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 acknowledges and agrees to the terms and conditions of each of the forms (the bid bond form must be signed separately), included in the bid documents. IN WITNESS hereto the undersigned have set their hands this day of 2012. Authorized Official (Signature) Date Print Name of Authorized Official Company Name Address State Contractor's License Number & Expiration Date: Washington Unified Business Identifier (UBI#): Employment Security Reference Number: State of Incorporation: (if applicable) Title of Authorized Official Telephone Number City, State, Zip Project WW02-2010 Addendum No.3 Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-5 ADDENDUM NO.4 TO PROJECT MANUAL FOR Upgrade and Expansion of Wastewater Utility SCADA System PROJECT NO. WW02-2010 NOTICE TO PROSPECTIVE BIDDERS Proposals Due: April 15, 2013 NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: 1) There is no public opening of proposals for this solicitation. Addendums 1, 2, and 3 state that: "The Proposal Opening date and time has not been changed." Change that statement in the addendums to read: "The Proposal Due date and time has not been changed." The Proposal Due date and time has not been changed. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-responsive. Michael C. Puntenney, P Deputy Director of Engineering Se Upgrade and Expansion of Wastewater Utility SCADA System, PROJECT W W02-2010 ADDENDUM NOA 1 TABLE OF CONTENTS Number of Pages DIVISION 0 — LEGAL AND PROCEDURAL DOCUMENTS 00020 ADVERTISEMENT FOR BIDS.................................................................................................................3 00100 INSTRUCTIONS TO BIDDERS..............................................................................................................19 00120 NON -COLLUSION AFFIDAVIT...............................................................................................................1 00301 PRICE SHEET.............................................................................................................................................5 00430 SUBCONTRACTOR LIST.........................................................................................................................3 00440 SUPPLEMENTAL CRITERIA...................................................................................................................2 00510 AGREEMENT AND SERVICES CONTRACT.........................................................................................2 00610 PERFORMANCE AND PAYMENT BOND..............................................................................................1 00630 ESCROW AGREEMENT FOR RETAINED PERCENTAGE...................................................................1 00710 GENERAL CONDITIONS.......................................................................................................................78 DIVISION 1— GENERAL REQUIREMENTS 01010 SUMMARY OF WORK............................................................................................................................15 01011 CONTRACT TIME.....................................................................................................................................1 01013 SPECIAL CONSTRUCTION CONTROLS................................................................................................2 01014 WORK SEQUENCE...................................................................................................................................2 01025 MEASUREMENT AND PAYMENT.........................................................................................................2 01060 SAFETY AND HEALTH..........................................................................................................................10 01200 PROJECT MEETINGS...............................................................................................................................2 01300 SUBMITTALS............................................................................................................................................4 Form 01300-A, Submittal Transmittal Form...............................................................................................1 01310 INSTALLATION SCHEDULE...................................................................................................................2 01500 CONTRACTOR'S UTILITIES AND TEMPORARY FACILITIES..........................................................1 01710 CLEANUP...................................................................................................................................................2 01730 OPERATION AND MAINTENANCE INFORMATION..........................................................................5 01800 ENVIRONMENTAL CONDITIONS..........................................................................................................1 DIVISION 16 — ELECTRICAL 16010 BASIC ELECTRICAL REQUIREMENTS..................................................................................................13 16050 BASIC ELECTRICAL MATERIALS AND METHODS..............................................................................9 16120 CONDUCTORS AND CABLE......................................................................................................................9 16130 RACEWAYS AND BOXES.........................................................................................................................15 16910 CONTROLLER SYSTEM HARDWARE....................................................................................................10 16940 CONTROL PANELS....................................................................................................................................13 DIVISION 17 — PROCESS INSTRUMENTATION AND CONTROL 17100 PROGRAMMABLE LOGIC CONTROLLER PROGRAMMING................................................................8 17200 PROCESS CONTROL VISUALIZATION PROGRAMMING REQUIREMENTS.....................................6 17400 NETWORK SWITCH PROGRAMMING REQUIREMENTS......................................................................5 17900 TECHNICAL SUPPORT SERVICE REQUIREMENTS...............................................................................5 Project WW02-2010 Table of Contents Upgrade and Expansion of Wastewater Utility SCADA System TOC -1 SECTION 00020 REQUEST FOR PROPOSAL UPGRADE AND EXPANSION OF WASTEWATER UTILITY SCADA SYSTEM PROJECT WW02-2010 City of Port Angeles Proposals for the Upgrade And Expansion Of Wastewater Utility Scada System Project WW02- 2010 will be received by the Director of Public Works & Utilities at 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362, until 2:00 p.m. local time on Monday, April 15, 2013. The City is seeking technical and cost proposals from qualified supervisory control and data acquisition (SCADA) system contractors and/or integrators (hereafter the "BIDDER") to provide the City of Port Angeles (hereafter the "CITY") with design, installation, upgrading, expansion, programming, integration, and maintenance services for the City's Wastewater Utility's SCADA system. Existing control system functionality will remain the same with new hardware being direct replacements or augmenting SCADA reporting of existing Wastewater Treatment Plant (WWTP) processes. The initial scope may, at the CITY's option, be expanded to include other related SCADA system improvements to provide an integrated and cohesive system for the CITY's use. The project will be a multiphase project, with work spanning up to a five (5) year period. In addition, maintenance and support will occur during this term with the option to extend maintenance and support for five (5) additional years. The contract contains for phases: Phase A — Design, Upgrade, and Replace Existing WWTP SCADA system. The existing equipment is to be replaced including modern programmable logic controllers (PLCs) for fur~( -l) control panels and other associated equipment, such as computers, information technology, networking, and software improvements. Bidder will provide upgrade design, integration, installation, and programming to implement the same or similar configuration with improved functionality of the existing SCADA system. The primary system will have control redundancy and all units (including networking equipment within this scope) will have UPS power protection with battery backup. Phase B — CSO Phase 1 Applications Programming. The CSO Phase 1 project is currently under construction and provides new sewer interceptors, tanks, facilities, upgrades, and improvements to the wastewater plant and infrastructure. The work of this SCADA phase includes all necessary programming required to provide a complete SCADA system implementation that has not been included in the separate CSO Phase 1 contract, and that will be compatible with the Phase A implementation of this contract. There are six (6) control panels associated with Phase B that require applications programming. Phase C — Offsite Facilities not at Existing WWTP or CSO. This Phase of the project will replace offsite controllers with modern controllers as designed for the systems provided in Phase A. There are three (3) offsite control panels connected through fiber optic networks owned by the CITY. There are ten (10) additional sites without existing communications into Project WW02-2010 Request for Proposal Upgrade and Expansion of Wastewater Utility SCADA System 00020-1 the SCADA control system for a total of thirteen (13) sites included in this phase. There is no guarantee that all sites will be implemented or that this phase will be awarded. Phase D — CSO Phase 2 Applications Programming. The CSO Phase 2 construction contract will replace the CITY's pump station number 4 (PS4) entirely, replace gravity sewer mains in the downtown area, as well as alterations to CSO outfalls 6, 7, and 8. This phase includes all necessary programming and installation of programming required to provide a complete SCADA implementation that is not included in the separate CSO Phase 2 contract. Programming will be done with to the WWTP SCADA system and compatible with the Phase A implementation of this contract. There is no guarantee that this phase will be awarded. 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 (360-417-4808). A preproposal conference including site walk will be held at 10:00 a.m. March 18, 2013, starting at the City Wastewater Treatment Plant at 1500 E. Columbia Street, Port Angeles, WA 98362. Driving directions are available upon request from the Project Manager. Representatives of the City will be present at the conference to discuss the Project. Prospective Proposers, subcontractors and suppliers are encouraged to attend and participate in the conference. The City will transmit via Builders Exchange of Washington any Addenda as the City considers necessary in response to questions arising at the conference. No oral clarification or interpretation will be made regarding the meaning or intent of the Contract Documents. Oral statements may not be relied upon and will not be binding on the City or legally effective. Interpretations or clarifications considered necessary by the City will be issued in the form of Addenda to the Contract Documents. 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, Michael Szatlocky, P.E., Civil Engineer, in writing by facsimile at (360) 417-4709 or by email at mszatlocgcityofpa.us. Michael C. Puntenney, P.E. City Engineer Project WW02-2010 Request for Proposal Upgrade and Expansion of Wastewater Utility SCADA System 00020-2 Abbreviated Version Publishing Dates: 1) Peninsula Daily News (3/10/2013) 2) Daily Journal (3/8/2013) **END OF SECTION* Project WW02-2010 Request for Proposal Upgrade and Expansion of Wastewater Utility SCADA System 00020-3 SECTION 00100 INSTRUCTIONS TO BIDDERS It is the responsibility of each Bidder to ascertain if all the documents listed on the index 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 with 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. 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 for Phases A and B 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 Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-1 5 rel the lowest priced 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 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. D. For information purposes, any remaining funding in the City budget shown above after the award of Phases A and B, may at the City's discretion be applied to commence the work in Phase C. Phase C work would be by separate amendment after the award of Phases A and B. 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. 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 Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-2 7. 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 timetable for submission and evaluation of the proposal, negotiation and approval of the Agreement: 3/8/13 to 3/11/13 Solicitation Released to Prospective BIDDERS 3/25/13, 10:00 am PST Pre -Proposal Conference 4/8/13 Questions from BIDDERS 4/8/13 Intent to Respond (by email to the Project Manager) 4/15/13, 2:00 pm PST Due Date & Time for Proposals 4/15/13 to 5/8/13 Technical Evaluation, Interviews, and Negotiatioin; Cost Evaluation 5/14/13 Targeted Award Date 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 integrators, 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 WW02-2010 Upgrade and Expansion of Wastewater Utility SCADA System 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 with the baseline schedule or 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 %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 sixty (60) pages, exclusive of tabbed dividers. Of the sixty (60) pages, no more than fifteen (15) 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 may be attached to the proposal as appendices and will not be included in the page count for proposals. (4) Provide one (1) original, five (5) hard copies, and one electronic (pdf) copy of the complete technical proposal. The technical proposals shall be submitted in three-ring binder(s). The original copy shall be named "Original", and each copy numbered in "X of Y" fashion. One electronic copy of the complete technical proposal shall be provided on CD, DVD, or portable flash drive. Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-4 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, SCADA RFP WW02-2010" 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 design SCADA system Subfactor Subfactor 2 - Quality of SCADA equipment and Equally Important hardware proposed; provide a narrative with Subfactor 1 describing the key features of the proposed hardware, why the hardware was selected, and the method employed to ensure continued operation of the facilities. Subfactor 3 - Open architecture nonproprietary Equally Important programming with Subfactor 2 Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-5 Subfactor 4 - Quality of software proposed; provide 4th Most Important a narrative describing the key features of Subfactor (less the proposed software, why the software important than was selected, and the method employed to Subfactor 3) ensure continued operation of the facilities. Subfactor 5 - Compatibility with City IT systems, Equally Important quality of networking, system with Subfactor 4 communication, and system sustainability (backup/alarming) proposed Subfactor 6 - Block diagrams depicting the 6th Most Important following: Subfactor (less (1) I/O flow from a typical PLC to the HMI important than (2) Interconnections between new and Subfactor 5) existing PLCs, and HMI servers and computers. Show the new and existing network switching equipment and the interface(s) required for connecting to the Existing City network or networks (3) Interconnections between new PLCs and remote 1/0 networks Subfactor 7 - Functionality and aesthetics of HMI; Equally Important provide operator interface and HMI screen with Subfactor 6 shots for proposed HMI system and operator interface to represent the major areas of the WWTP and lift stations. These screen shots may be from recent and similar projects and not necessarily customized for the City. Subfactor 8 - Compatibility for efficient future Equally Important network integration with Water Treatment with Subfactor 7 Facility FACTOR 2 PROJECT MANAGEMENT 2nd Most Important Factor (slightly less important than Factor 1) Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-6 Subfactor 1 - Baseline schedule of design and Most Important installation activities in sufficient detail to Subfactor provide a depiction of the phasing and staging being proposed for SCADA RFP Phases A and B Subfactor 2 - The Bidder's overall strategy, Equally Important describing the installation stages and with Subfactor 1 including how the Bidder plans to handle impacts and continuity of operations for the WWTP. Subfactor 3 - Bidder's plan for integration, timing, 3rd Most Important testing, and commissioning of Subfactor (less programming requirements with CSO important than Phase 1 and 2 contractor and designer Subfactor 2) (RFP Phases B & D) Subfactor 4 - Summary of coordination activities 4th Most Important required including City Information Subfactor (less Technology, wireless technology, important than networks, etc. Subfactor 3) Subfactor 5 - Design review plan that outlines how 5th Most Important the Bidder will facilitate and implement Subfactor (less design reviews as set out in their quality important than program Subfactor 4). FACTOR 3 ORGANIZATION AND CAPACITY 3nd Most Important OF THE FIRM Factor (slightly less important than Factor 2) Subfactor 1 - Past performance and experience in Most Important design, integrating, constructing and Subfactor servicing SCADA including references. Provide three lists of Bidder's references for design engineering, for construction; and for maintenance services for other public projects of this 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) Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-7 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 be located within 300 miles of the City. Additional weight is given for individuals that are capable of supporting the proposed SCADA system and are able to do all of the following. • Configure and program the new PLCs • Configure and program OIs • Configure and program the software visualization, alarm annunciation, and historical data server • Troubleshoot control panel wiring. Subfactor 4 - Time firm has been in business for 4th Most Important SCADA integration and specialized Subfactor (less experience with SCADA important than - Financial capacity of the firm to Subfactor 3). perform the project Subfactor 5 - Operating and business licenses in Equally Important Washington with Subfactor 4 - Licensing and registration of professional engineer(s) Subfactor 6 - Local business and small, minority, or Equally Important disadvantaged business participation with Subfactor 5 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 4 th Most Important Factor (less important than Factor 3) Subfactor 1 - Quality and responsiveness of Most Important approach to service maintenance and Subfactor additional design and programming requirements Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-8 Subfactor 2 - Quality and timing of approach for 2nd Most Important Operations & Maintenance Manual subfactor (less important than Subfactor 1) Subfactor 3 - Quality, quantity, and timing for 3rd Most Important approach for operator orientation and Subfactor (less training important than Subfactor 2) FACTOR 5 COST AND PRICE Slightly less important than the total weight of Factors 1 through 4 Subfactor 1 - Firm's FFP for Phase A Most Important Subfactor Subfactor 2 - Firm's FFP for Phase B 2nd Most Important Factor (less important than Factor 1) Subfactor 3 - Firm's hourly rates and markups for 3rd Most Important service maintenance Subfactor (less important than Subfactor 2) Subfactor 4 - Firm's FFP to Produce P&ID 4rd Most Important Diagrams Subfactor (less important than Subfactor 3) Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-9 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, Michael Szatlocky, P.E., Civil Engineer, in writing by facsimile at (360) 417-4708 or by email at mszatloc@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 ten (10) 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. PRE-PROPSAL CONFERENCE AND SITE VISITS: A pre -proposal conference including site walk will be held at 10:00 a.m. March 18, 2013, starting at the City Wastewater Treatment Plant at 1500 E. Columbia Street, Port Angeles, WA 98362. Driving directions are available upon request from the Project Manager. Representatives of the City will be present at the conference to discuss the Project. Prospective Bidders, subcontractors and suppliers are encouraged to attend and participate in the conference. The City will transmit via Builders Exchange of Washington any Addenda as the City considers necessary in response to questions arising at the conference. No oral clarification or interpretation will be made regarding the meaning or intent of the Contract Documents. Oral statements may not be relied upon and will not be binding on the City or legally effective. Interpretations or clarifications considered necessary by the City will be issued in the form of Addenda to the Contract Documents. Additional individual site visits to research the existing condition may be Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-10 arranged through the Project Manager. No discussion with City staff will occur during these individual site visits. Written questions may be addressed to the Project Manager. 14. WAGES: Incidental portions of the work in this contract may be required, e.g., electrical installation, conduits, raceways, 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 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 2/18/2013. 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/Trades Li censing/PrevW age/W ageRates/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. Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-11 17. 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; (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. SUBCONTRACTOR LISTING - RCW 39.30.060: A. Pursuant to RCW 39.30.060, the Bidder shall list as part of its Bid either itself or the names of the subcontractors with whom the Bidder, if awarded the contract, Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-12 will subcontract for performance of the work of heating, ventilation and air conditioning ("HVAC"), plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW. The Bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with Bid alternates, in which case the Bidder must indicate which subcontractor will be used for which alternate. If there is more than one subcontractor that will perform HVAC plumbing and/or electrical work, the Bidder shall list each of the subcontractors and indicate the category of work that each one will perform by naming the specific Division and Section. The Bidder shall insure that 2 or more subcontractors are not performing the same scope of work e.g. category of work. B. Failure of the Bidder to submit as part of the Bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same category of work shall render the Bidder's Bid nonresponsive and, therefore, void. The requirement of this section to name the Bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the general contractor submitting the Bid to the City. C. Electrical work must be performed by a licensed electrical contractor. Bidders are cautioned that installation of electrical equipment (PVC or metal conduit, junction boxes or similar work) may be considered electrical work even if for future use and no electrical current is involved. D. See Section 00430, Subcontractor List. 20. 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. 21. DELIVERY OF BID: A. Each Bid shall be sealed and submitted in a sealed envelope. The City will not consider Bids received after the time fixed for opening Bids. B. The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of these instructions, that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 22. LATE SUBMISSIONS Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-13 0 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 the City on the Bid wrapper or other documentary evidence of receipt maintained by the City. 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 Section 00301. Filled in for all addenda. ❑ PRICE SHEET SIGNED. Section 00301. Provide registration and other information and SIGN the Price Sheet. ❑ SUBCONTRACTOR LIST Section 00430. All proposed subcontractor data provided. ❑ SUPPLEMENTAL CRITERIA Section 00440. Filled in. Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-14 24. 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. 25. RETURN OF BID SECURITY: After the Bid prices have been compared, the City may return the Bid security if, in the City's judgment, the Bidder would not be considered for award. All other Proposal Guarantees will be held until the Contract and the Performance Bond of the successful Bidder have been executed. 26. 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. 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) £ (a) The Price Sheet does not include a lump sum price, markup, or rate for every Bid item or priced item; Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-15 (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 may be 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. 27. 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: 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; F. Not be disqualified from Bidding on any public works contract under RCW 39.06.010 or 36.12.065. Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-16 28. 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. 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. 29. SUPPLEMENTAL RESPONSIBLE BIDDER CRITERIA. A. Supplemental Responsible Bidder Criteria will apply to this project, and are included in the Section 00440, Supplemental Criteria. In a timely manner, Bidders may request, in writing, that the City modify the supplemental criteria. The City reserves the right to modify or not modify the supplemental criteria in its discretion. The City shall issue an Addendum, prior to the Bid Due Date, should it modify the supplemental criteria. The City shall not modify the supplemental criteria after the Bid Due Date, therefore, Bidders are encouraged to discuss with the Project Manager immediately and before the Bid Due Date the relevancy of the supplemental Bidder criteria. Project WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-17 B. Any Bidder determined to be not responsible based on these supplemental criteria may appeal the City's determination by providing additional information to the City within two (2) business days following receipt of the City's written determination that the Bidder was determined not responsible. 30. 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. 31. 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. 32. 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 WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-18 33 34. 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) Performance Bond: example document in Division 0. (3) Retainage Agreement: example document in Division 0. (4) Labor and Material Payment Bond: example document in Division 0. (5) Insurance Certificates and Endorsements: As required in the Public Works Contract. (6) Statement of Intent to Pay Prevailing Wages (Statement of Intent) as needed (7) 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 WW02-2010 Instructions To Bidders Upgrade and Expansion of Wastewater Utility SCADA System 00100-19 SECTION 00120 NON -COLLUSION AFFIDAVIT STATE OF WASHINGTON COUNTY OFC -M 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 any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above N,vork or supplies to put in a sham bid, or any other person or corporation to refrain 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. Signature ofBidderlContractor Subscribed and sworn to before me this day of NOTARY PUBLIC STATE OF WASHINGTON PATRICIA G.J. ABBEY My Appointmnt Expires Feb. 28, 2017 NoVLy Public in and fo e State of Washingtoi . Residilia" at lily Coinn1. Exp.: -� **END OF SECTION** Proic-ct 11`bd012-2010 Up --g !de 'and 1'x1 ansic'?Il c Wsltitcwa',t�i Utility SC.'ADA Sy.j em age 25 Section 00120 Non -Collusion Affidavit Prnvidp..d to RtiildPrS Fxchanae nf WA Inc, For u Non -Collusion Afdavit 00120-1 Bidder's Name: Technical Systems, Inc SECTION 00301 PRICE SHEET UPGRADE AND EXPANSION OF WASTEWATER UTILITY SCADA SYSTEM PROJECT WW02-2010 (NOTE TO BIDDER: Use ink when completing this Bid Schedule) FROM: Technical Systems, Inc ADDRESS: 2303 1961 St. SW Lynnwood, WA 98036 DATE: May 29, 2013 TO: Director of Public Works & Utilities ADDRESS: 321 East Fifth Street Port Angeles, Washington 98362 PROJECT TITLE: Upgrade and Expansion of Wastewater Utility SCADA System 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 identify 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 information 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). 1 through 4 to the Contract Documents. Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-1 Bidder's Name: Technical Systems, Inc Lump Sum 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. Service Maintenance Item Bid Item 3, First Service Year of Maintenance Calendar Year 2013-2014, will be based on the Professional Service Rates and Markups established in this section. The Contractor shall be compensated for the actual unit quantities perfonned in accordance with the general terms and conditions set fotih in the Contract. The "T otal Amount" represents the estimated value used tvr bid- ing purposes only and is not a guarantee that amount will be reimbursed. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. Time & Material Items (T&M) Time and Material Items are subject to the provisions of paragraph 00710-5.2F, Time and Materials Method. Bid Item 3, First Service Year of Maintenance, will be based on the Professional Service Rates and Markups established in this section; Bid Item 4, Minor Changes, will be by equitable adjustment using the Firm Fixed Price Method or the Time and Material Method under paragraph 00710-5.2, Method to Calculate Adjustments to Contract Price. The "Total Amount" represents the estimated value used for bidding purposes only and is not a guarantee that amount will be reimbursed. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. Note: Bid Items are described in Section 01025 —Measurement and Payment. The software licenses shall be provided by City. CSO related electrical work shall be performed by others. Contractor City Initial Initial Do not write in the shaded boxes Item Base Bid Estimated Unit Price As Negotiated Total No. Description of ItemQuantity Units (Figures) Amount 1 Phase A Lump Summa $ 486,000.00 Design, Upgrade and Replace Existing WWTP SCADA�� Systeme 2 Phase B Lump Summa $ 39,925.00 Applications Programming for CSO Phase 1 3 Calendar Year 2013-2014 ' zl Servicenz r;a ; 3 $ 0.00 Maintenance-' '° '"� Rate/T&M Ll11 �� r 4 Minor Changes T&M $ 0.00 Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-2 Bidder's Name: Technical Systems, Inc Bid Subtotal $ 525 925.00 Sales Tax (8.4%) S 44.177.70 Total Bid / S 570,102.70 t/ '" Contractor a,v Initial Initial Item Additive Bid EstimatedUnit Price Profit No. Descri tion of Item Quantit Units (Fi ures Total Amount Al P&ID Drawings Update �_ Lum Sum S 11,000.00 Item Al Not Part of Initial a fContractor Initial Initial Additive Bid Subtotal $ 11,000.00 Sales Tax (8.4%) $ 924.00 Total Bid $ 11924.00 Professional Service Rates and Markups: Bidder is to provide their rates for maintenance service including servicing, reprogramming, technical assistance 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 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: 17% Service Maintenance Classification: Direct Salary Overhead Profit Total Rate (Section 17900) (DS) (fill-in % of DS (fill-in % of DS) (Escalated First Year of Contract) - Emergency Service Response $90.56 106% 15% $200/hr (per hour) - Next Business Day Service Response (per hour) $67.92 I06% 15% 1150/hr II Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-3 Bidder's Name: Technical Systems, Inc Subcontractor Listing — RCW 39.30.060 Pursuant to RCW 39.30.060, the Bidder shall list as part of its bid either itself or the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation and air conditioning ("HVAC"), plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW. The Bidder shall not list more than one subcontractor for each category of work, Failure of the Bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same category of work shall render the Bidder's Bid nonresponsive and, therefore, void. The requirement of this section to name the Bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the general contractor submitting the Bid to the City. Electrical work must be performed by a licensed electrical contractor. Bidders are cautioned that installation of electrical equipment (PVC or metal conduit, junction boxes or similar work) may be considered electrical work even if for future use and no electrical current is involved. Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-5 WORK CATEGORY BID IT HVACFIRM PLUMBING FIRM I ELECTRICALFIRM Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-5 Bidder's Name: Technical Systems, Inc BID FORM SIGNATURE The undersigned declares that before preparing their bid, they read carefully the specifications and requirements for bidders and that their bid is made with the full knowledge of the Bind, 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 acknowledges and agrees to the terms and conditions of each of the forms (the bid bond form must be signed separately), included in the bid documents. 1N WITNESS hereto the undersigned have set their hands this � 1?� day of 2013. Authorized Official (Signature) Print Name of Authorized Official Company Name Address Date ��C--:2 Title of Authorized Official Telephone Number n Ll�y 0 City, State, Zip State Contractor's License Number & Expiration Date: '1�� } 0_S Washington Unified Business Identifier (UBI#):'- Employment Security Reference Number: --;6?-f74-700e6 State of Incorporation: L421T-z (if applicable) Project WW02-2010 (REVISED) Price Sheet 00 Upgrade and Expansion of Wastewater Utility SCADA System 301-0 6'1 Contractor Initial Initial Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-7 .. _ ... . Port Ari eles SADA ..... SCif >fj VLE: O*F VALUES=- Bid :stet :1::::::: . u t© er:::::P s. rn.........o ................. rt :Ai tiles ::: :::::::::::::::: .....g ................. ................................. ...... .... ........ ............................. >:::: ITEM ............:::::::::: DESCRIPTIaN::::::::......::.... ::::::::::NEGOTIATEDa?RICE ::::::: : ............................................................ 1 Mobilization/Data Collection $22,000.00 2 Bonding $8,000.00 3 Project Management $16,000.00 4 Engineering $48,000.00 5 Programming $149,000.00 6 Equipment Purchase $145,000.00 7 Fabrication $21,000.00 8 Factory Acceptance Test $13,000.00 9 Startup, Commissioning, and Training $43,000.00 10 Electrical Subcontractor $19,000.00 11 O&Ms $2,000.00 TOTAL CONTRACT AMOUNT $486,000.00 6'1 Contractor Initial Initial Project WW02-2010 (REVISED) Price Sheet Upgrade and Expansion of Wastewater Utility SCADA System 00301-7 SECTION 00430 SUBCONTRACTOR LIST To Be Submitted with the Bid Proposal Project Name: Upgrade and Expansion of Wastewater Utility SCADA System Bidders List (40 CFR Part 33 part 33.501) All bidders shall submit the following information for all firms that bid or quote on subcontracts (including both DBE and non -DBE firms) with their bid proposal. 1. Entity's name with point of contact; 2. Entity's mailing address, telephone number, and e-mail address; 3. The procurement on which the entity bid or quoted, and when; and 4, Entity's status as an MBE/WBE or non--MBE,'WBE. if no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Point of Contact Mailing Address Phone Number Email Address Procurement Bidded or Quoted and When MBE/WBE Certification No. Status as MBE/WBE or Non-MBEANIBE Description of Work to Be Performed Will Contract Be Awarded (Yesli�Io) $ Value of Subcontract Percent of Subcontractor Work Actually Performed By MBE/ W -BE IL3C,0 ) Ll S_L_ c _2 (Ll ,moi / 14 n? (J 7 Project NVW02-2010 Upgrade and Expanslon of Wastewater Utility SCADA System ,r7 'age 31 Section 00430 Subcontractor List Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see bxvra.com - Always Verify Scale 00430-1 Si! bcotib*actor Name Point of Contact Nviailino Address Phone NUmber Email Address Procurernent Bidded or Quoted mid Wben G M 18G0 on IN'o. v113E_f-'Wr'5'E ('Crtf Status as MBE/WBE or M oma! M B E,'W B F Descripti.on of Work to Be Perrormcd Will Contract Be Awardcd (Y C S " N o) S Value or Subcontrac.t PCrC,Cnt M'SLIbcojitrautor Work ACtUally Performed By MBEAN"BE '?C Pro';Cot W"'V"02- -)to U"p.tPrado and nsicjj of %\Tater U!illtv SCLM SAIefll :'a«3 :)rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see ,Awi_bxvia.mm-Always Verify Scale 00430-2) Subcontractor Name Paint of Contact Mailing Address Phone Nwiiber Email Address ProOLIre,tnet-it Bidded oi- Quoted and When Iv1BEIWBE Certification No. Status as MBEIWBE or Nan-MBEIWBE Description of Work to Be Performed Will Contract Be Awarded (Yes No) Value of Subcontract Percent of Subcontractor Work Actually Performed By MBE(WBE ADD ADDMONAL PAGES AS NECESSARY **END OF SECTION'" Upgradc and 1:. xp ln-tiOil Unlity SCADA System 'age 33 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see wi\Nv/-bxrra.com - Always Verify Scale 00430-3 SECTION 00440 SUPPLEMENTAL CRITERIA All Bidders must provide evidence of construction experience with their bid related to the following supplemental criteria. The City of Port Angeles has determined that these criteria define the minimum measure of competency and responsibility required for the Phase 1 project work. The fallowing criteria represent project works successfully completed under the responsible charge of the named Bidder. This information is required and will be made part of the decision to award a contract as provided under RCW 39.04.350. Bidders must demonstrate this experience through direct experience of the company for the 5 projects mentioned below with at least 3 of the 5 projects having direct -hired employees engaged for this project. Provide contact for Owner if necessary for verification. Name of Bidder: 6��h 0�- Five (5) new installations ancUor upgrade projects of over $300,000 each installing and programming a Siemens Simatic S7 PLC with Siemens WinCC as the basis of the SCADA system: Project 1: Project 2: Project Name Cost -)Ojo Date C:`sd f I-%1 Project Owner Project Address Project Name Cost� Date � r4 Project Owner Project Address Project 3: f -i ��.� vires- �LAL- f) 4 - _... Project Name Cost Project Owner Project Address Project WW02-2010 Upgrade and Expansion of Wastewater Utility SCADA System - 7 Date Supplemental Criteria .'age 34 Section 00440 Supplemental Criteria Provided to Builders Excnanae of WA. Inc. For usaqe Conditions Agreement see wrqysi.bxraa.com - Always Verify Scale 00440-1 Project 4: PA -F- 06-140A LU_tLlf Project Name Cost Date Project Owner Project Address Project 5:Qt C2cI Projec Namec`; Cost Date Project Extra: Project Owner Project Project Name Cost Project Owner Project Address * Add separate sheets if necessary. Date The undersigned hereby authorizes and requests any person, firm or corporation associated with the above project examples to furnish any information requested by the City of Port Angeles. Date Name of Bidder:��; `-��-'-- Bidder's Signature: Print 1'tame, f Y C .G TJltR t Title: r:? **END OF SECTION" Project W W02-2010 Supplemental Criteria Upgrade and Expansion of Wastewater Utility SCADA System 00440-2 Dage 35 3rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see wnrvw.bx /a.com - Always Verify Scale AGREEMENT AND SERVICES CONTRACT THIS AGREEMENT ("Contract") is dated effective this a' day of �(� — , 2013 and is made by and between the City of Port Angeles, a Washington municipal corporation ("City" or "Owner"), and A r, C - WITNESSETH: ("Contractor") That WHEREAS the Owner heretofore caused to be prepared certain conditions for the construction of Upgrade and Expansion of Wastewater Utility SCADA System, Project WW02-2010 and the Contractor did on day of�' 2013, file with the Owner a proposal to construct said improvements 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 and any supporting contract documents 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 Article 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. Any provision of this Contract which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 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. Project WW02-2010 Contract Upgrade and Expansion of Wastewater Utility SCADA System 00510-1 AGREEMENT (Project No. 06-01) - continued 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 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 Printed Name: Title: Address: CITY OF PORT ANGELES Printed Name: 0C, w-1 cice't'-N Title: LA City: L—Vo t �� c�c�r. cv `l��c'� °� APPROVED AS TO FORM: Phone Number: _ BY- t15 -7 °7�"-� � / CITY ATTORNEY ATTEST: BY: ,� i CIT`i' LERK *END OF AGREEMENT* Project WW02-2010 Contract Upgrade and Expansion of Wastewater Utility SCADA System 00510-2 SECTION 00630 ESCROW AGREEMENT FOR RETAINED PERCENTAGE Upgrade and Expansion of Wastewater Utility SCADA System, Project WW02-2010 Escrow No.: TO: THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, in accordance with chapter 60.28 of the Revised Code of Washington. It is limited to FDIC insured Washington State Chartered Banks who are covered by the State of Washington Public Deposit Protection Act. The undersigned, , (as "Contractor"), has directed the CITY OF PORT ANGELES (as "City"), to deliver to you its warrants which shall be payable to you and/or the Contractor. The warrants are to be held and disposed of by you in accordance with the following instruction: INSTRUCTIONS 1. Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection. You shall use the monies to purchase investments selected by the Contractor and approved by the City. You may follow the last written direction received by you from the Contractor, for each purchase, provided the direction otherwise conforms with this agreement. Acceptable investments are: A. Bills, certificates, notes or bonds of the United States; B. Other obligations of the United States or its agencies; C. Obligations of any corporation wholly owned by the Government of the United States; D. Indebtedness of the Federal National Mortgage Association; E. Time deposits in commercial banks; F. Other investments, except stocks, selected by the Contractor, subject to express prior written consent of the City. 2. The investments shall be in a form which allows you alone to reconvert them into money if you are required to do so by the City. 3. The investments must mature on or prior to the date set for the completion of the contract, including extension there of or thirty (30) days following the final acceptance of the work. 4. When interest on the investments accrues and is paid, you shall collect the interest and forward it to the Contractor unless otherwise directed by the Contractor. 5. You are not authorized to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies derived from the sale of such investments, or the negotiation of the City's warrants) except in accordance with the written instructions from the City. Compliance with such instructions shall relieve you of any further liability related thereto. 6. In the event the City orders you, in writing, to reconvert the investments and return all monies, you shall do so within thirty (30) days of receipt of the order. 7. The Contractor agrees to compensate you for your services in accordance with your current published schedule of applicable escrow fees. Payment of all fees shall be the sole responsibility of the Contractor and shall City of Port Angeles Contract No. WW02-2010 Completion Date: not be deducted from any monies placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the investments and monies held hereunder, whereupon you shall be entitled to reimburse yourself from such monies for the entire amount of your fee. 8. This agreement shall not be binding until signed by both parties and accepted by you. 9. This document contains the entire agreement between you, the Contractor, and the City, with respect to this Escrow, and you are not a party to, nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. CONTRACTOR Federal Tax I.D. No. By: Title: Address: DATE: CITY OF PORT ANGELES By: Title: DATE: THE ABOVE ESCROW AGREEMENT RECEIVED AND ACCEPTED on the day of 20_. BANK By: Title: Address: DISTRIBUTION: City Clerk Financial Institution Contractor File Copy Project WW02 2010 Escrow Agreement For Retained Percentage Upgrade and Expansion of Wastewater Utility SCADA System 00630-1 PERFORMANCE AND PAYMENT BOND r 1� TO THE CITY OF PORT ANGELES Bond Number: 0590024 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Technical Systems, Inc. as principal, and International Fidelity Insurance Company a corporation organized and existing under the laws of the State of New Jersey as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the CITY OF PORT ANGELES in the penal sum of $ 570,102.70 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the City of Port Angeles. Dated at Tacoma, Washington, this 7th day of June 2013 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to the City Charter and general ordinances of the City of Tacoma, the said City has or is about to enter with the above bounden principal, a certain contract, providing for: Contract Title and Number: Upgrade and Expansion of Wastewater Utility SCADA System, Proiect WW02-2020 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the said Technical Systems, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material -person; the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39.08.010; the state with respect to taxes imposed pursuant to Titles 50, 51, and 82 RCW which may be due; and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Tacoma harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Tacoma and all claims filed in compliance with Chapter 39.08, RCW are resolved, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. 'fy franager / Director of ublic Works and Utilities lam, Financa�fector N Approved as to form: City Attorney Y Principal: Technical Systems, Inc. Surety: International Fidelitv Insurance Comoan By:^a� l Agent's Name: Anne E. Strieby, Attorney -In -Fact Agent's Address: 925 4th Ave., Suite 3200, Seatile, WA 98104 Project WW02-2010 Performance and Payment Bond Upgrade and Expansion of Wastewater Utility SCADA System 00610-1 ,4� ®® CERTIFICATE OF LIABILITY INSURANCE 6�7/20i3 " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PLC Insurance, LLC 4211 Alderwood Mall Blvd, #210 Lynnwood WA 98036 CONTACT NAME: Cynthia Wolf -Dickerson PHGNEIN (425)712-3664 aC No:(425)712-3786 ADDRIESS:cynthia@plcins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Continental Casualty INSURED Technical Systems, Inc. 2303 -196th S.W. Lynnwood WA 98036 INSURER B: American Cas Co Reading PA INSURER C:TranS ortation Ins IAXV INSURER D:LlO ds of London INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:lj/ 14 Prot/GL/AL/Umb REVISION NUMBER-- THIS UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDl YYY POLICY EXP MMIDD/YYYY LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR 2068346215 /20/2013 /20/2014 DPREMAAGE TO RENTED MISES(Eaoccurrence) 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 2,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) S 11000,000 BOOILY INJURY (Per person) $ B X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS 2068346215 /20/2013 /20/2014 BODILYINJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE $ Per accident) Is X UMBRELLA LIAB X OCCUR EACH OCCURRENCE Is 4,000,000 AGGREGATE s 4,000,000 C EXCESS LIAB CLAIMS -MADE DED I X I RETENTIONS 10,00C $ 2068345405 /20/2013 /20/2014 OTN )MjkEMPLOYERS' LIABILITYER Y / N [2068346215 E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MENIBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WA Stop Gap /20/2013 /20/2014 E.L. DISEASE - EA EMPLOYE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 D Professional Liability 137438982/013 /19/2013 /19/2014 Per Claim Limit $1,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101,Additional Remarks Schedule, if more space is required) Re: Project WWQW02-1010 Upgrade and Expansion of Wastewater Utility SCADA System. The certificate holder is included as an additional insured on a primary basis with regard to the General Liability and Auto Liailbity per the policy forms G144294C99 1206 and CA001 0310 attached. l.tK 1 It—ILA l t HULUtY( L AN1_tLLA I IUrN City of Port Angeles 321 East 5th Street PO BOX 1150 Port Angeles, WA 98362 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jerry Kiser/CYNTHI <: �'" &-"q-_= ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninns', m Tha Arr1Rr1 names anti Innn aro ranicforori mnr4c of A(nPn G 144294C99 1206 Page 1 of 7 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED (Section il) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions frim the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 1. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 1. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section il) is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an mhtm1:fi1c:/iC:`Documents and Settings`cab29- 1FtDesktop`\G144294C99 1206.mht 4/21/2010 G144294C99 1206 Page 2 of 7 additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured — "Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this paragraph. 2.a., does not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless: (a) It is required by the written contract or written agreement; and (b) 'Bodily injury" or "property damage" included within the "products -completed operations hazard" is not excluded either by the provisions of the Coverage Part or by endorsement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of mhtml:file:'-'C:',Documcnts and Settings\.cab2921`.Desktop`�G144294C99 1206.mht 4/2 112 0 10 G 144294099 1206 Page 3 of 7 such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products -completed operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 3. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section II — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 4. JOINT VENTURES/ PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The followinc is added to Section II —Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or mhtml:file: iO:'',Documents and Settings\cab2921\.Desktop\G 144294099 1206.mht 411"? 1/2010 G144294C991206 Page 4 of 7 b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. B. The last paragraph of Section 11— Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 5. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section 11— Who Is An Insured is deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 6. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES For other than a physician, paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply with respect to professional health care services provided in the course of employment by you. 7. PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III — LIMITS OF INSURANCE. The insurance afforded by this provision 7. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 8. BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 9. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, the definition of "personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 9. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 10. MEDICAL PAYMENTS inhtrn1:fi1e://C:'1Documents and Settings`.cab2921\Desktop\G144294C99 "1206.mht 4/21/2010 G144294C99 1206 Page 5 of 7 A. Paragraph 7. Medical Expense Limit, of Section III — Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section — 1 — Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 10. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I — Coverage C — Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 11. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments —Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. in Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 12. PROPERTY DAMAGE — ELEVATORS With respect to Exclusions of Section I — Coverage A, paragraphs (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to the use of elevators. The insurance afforded by this provision 12. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 13. LEGAL LIABILITY— DAMAGE TO PREMISES A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems) to premises including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply completed operations hazard." to "property damage" included in the "products - B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by ire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with mhtml:file:-C:'.Documents and Settings".cab"921`..Dcsktop\G144294C99 1206.m -ht 4i 1/2010 G144294C99 1206 Page 6 of 7 permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section III — Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with the permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 13. (LEGAL LIABILITY — DAMAGE TO PREMISES) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 14. NON -OWNED WATERCRAFT Under Section I — Coverage A — Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 15. NON -OWNED AIRCRAFT Exclusion 2.g, of Section 1 — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 16. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an 'occurrence," offense, claim, or "suit' only when the "occurrence," offense, claim or "suit" is known to : (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section 1V — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an 'occurrence," offense, claim or "suit' and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence." offense claim or "suit." 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. mhtml:tile:G'C:`Documents and Settings`I.cab292I Desktop`�.G144294C99 1206.fnht 4121/2010 G144294C99 1206 Page 7 of 7 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. 'Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 20. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage provided under this endorsement without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. mhtm1:file:i%C:%Documents and Settings'.eab292IyDesktop'�,.G144294C99 1206.mht 4i21 2010 COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos." The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos." A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Liability Coverage any "trailers" you don't own while attached to power units you own). Than Private This includes those "autos" not of the private passenger type you acquire ownership of Passenger after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you acquire No-fault ownership of after the policy begins provided they are required to have no-fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A, licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any "trailers" you don't own while "Autos" attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you Only lease, hire, rent or borrow from any of your "employees," partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees," partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 03 10 Copyright Insurance Services Office, Inc., 2009 Page 1 of 12 19 Mobile Only those "autos" that are land vehicles and that would qualify under the definition of Equipment "mobile equipment" under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto' for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto' you previously owned that had that coverage, and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto' you own that is out of service because of its: a. Breakdown; b. Repair'. c. Servicing; d. "Loss"; or e. Destruction. SECTION it — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto." We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos." However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense." However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto' you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 01 03 10 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees," partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees," while moving property to or from a covered "auto." (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured." (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured." 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar. law. CA 00 01 03 10 Copyright Insurance Services Office. Inc., 2009 Page 3 of 12 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract." For the purposes of the coverage form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. S. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured." 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto." 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that pari of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 01 03 10 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured." Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: all (1) The "pollutants" escape, seep, migrate or _ are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment." Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos," "insureds," premiums paid, claims made or vehicles involved in the "accident," the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. CA 00 01 03 10 Copyright insurance Services Office, Inc., 2009 Page 5 of 12 All "bodily injury," "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident." No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto." c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of S600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. Page 6 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 01 03 10 b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto." 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed - measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed - measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss," is: �,. a. Permanently installed in or upon the covered "auto": b. Removable from a housing unit which is permanently installed in or upon the covered "auto"; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value." C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss," is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss." 4. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto;" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. CA 00 01 03 10 Copyright Insurance Services Office, Inc., 2009 Page 7 of 12 SECTION IV — BUSINESS AUTO CONDITIONS (5) Submit to examination, at our expense, by The following conditions apply in addition to the physicians of our choice, as often as we Common Policy Conditions: reasonably require. A. Loss Conditions c. If there is "loss" to a covered "auto" or its equipment you must also do the following: 1. Appraisal For Physical Damage Loss (1) Promptly notify the police if the covered If you and we disagree on the amount of "loss," "auto" or any of its equipment is stolen. either may demand an appraisal of the "loss." In this event; each party will select a competent (2) Take all reasonable steps to protect the "auto" appraiser. The two appraisers will select a covered from further damage. Also competent and impartial umpire. The appraisers keep a record of your expenses for will state separately the actual cash value and consideration in the settlement of the amount of "loss." If they fail to agree, they will claim. submit their differences to the umpire. A decision (3) Permit us to inspect the covered "auto" agreed to by any two will be binding. Each party and records proving the "loss" before its will: repair or disposition. a. Pay its chosen appraiser; and (4) Agree to examinations under oath at our b. Bear the other expenses of the appraisal and request and give us a signed statement of umpire equally. your answers. If we submit to an appraisal, we will still retain our 3. Legal Action Against Us right to deny the claim. No one may bring a legal action against us under 2. Duties In The Event Of Accident, Claim, Suit this coverage form until: Or Loss a. There has been full compliance with all the We have no duty to provide coverage under this terms of this coverage form; and policy unless there has been full compliance with b. Under Liability Coverage, we agree in writing the following duties: that the "insured" has an obligation to pay or a. In the event of "accident," claim, "suit" or until the amount of that obligation has finally "loss," you must give us or our authorized been determined by judgment after trial. No representative prompt notice of the "accident" one has the right under this policy to bring us or "loss." Include: into an action to determine the "insured's" liability. (1) How, when and where the "accident" or "loss" 4. Loss Payment — Physical Damage Coverages occurred; (2) The "insured's" name and address; and At our option we may: (3) To the extent possible, the names and a• Pay for, repair or replace damaged or stolen addresses of any injured persons and property; witnesses. b. Return the stolen property, at our expense. b. Additionally, you and any other involved We will pay for any damage that results to the "auto" "insured" must: from the theft; or (1) Assume no obligation, make no payment c. Take all or any part of the damaged or stolen or incur no expense without our consent; property at an agreed or appraised value. except at the "insured's" own cost. If we pay for the 'loss," our payment will include (2) Immediately send us copies of any the applicable sales tax for the damaged or stolen request; demand, order; notice, summons property. or legal paper received concerning the 5. Transfer Of Rights Of Recovery Against claim or "suit." Others To Us (3) Cooperate with us in the investigation or If any person or organization to or for whom we settlement of the claim or defense against make payment under this coverage form has the "suit." riahts to recover damages from another, those (4) Authorize us to obtain medical records or rights are transferred to us. That person or other pertinent information. organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss' to impair them. Page 8 of 12 Copyright Insurance Services Office, Inc.. 2009 CA 00 01 03 10 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "insured," at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit We will not recognize any assignment or grant any coverage for the benefit of any person or 7 organization holding, storing or transporting property for a fee regardless of any other provision of this coverage form. 5. Other Insurance a. For any covered "auto" you own, this coverage form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, .� hired, rented or borrowed with a driver is not a ® covered "auto." c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability assumed under an "insured contract." a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the United States of America; (3) Puerto Rico; (4) Canada -,and (5) Anywhere in the world if: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suis' on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. CA 00 01 03 10 Copyright Insurance Services Office, Inc., 2009 Page 9 of 12 We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this coverage form and any other coverage form or policy issued to you by us or any company affiliated with us applies to the same "accident," the aggregate maximum Limit of Insurance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance under any one coverage form or policy. This condition does not apply to any coverage form or policy issued by us or an affiliated company specifically to apply as excess insurance over this coverage form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage." B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However. "auto" does not include "mobile equipment." C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants." "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured." Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment." Page 10 of 12 Copyright Insurance Services Of ice: Inc.. 2009 CA 00 01 03 10 Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss." F. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker." G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That pari of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees," of any "auto." However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees." An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. 1. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker." J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads: 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3, or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well - servicing equipment: or b. Cherry pickers and similar devices used to raise or lower workers: or CA 00 01 03 10 Copyright Insurance Services Office, Inc., 2009 Page 11 of 12 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well - servicing equipment. However, "mobile equipment' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos." L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 Copyright Insurance Services Office, Inc., 2009 CA 00 01 03 10 CITY OF PORT ANGELES SECTION 00710 GENERAL CONDITIONS TABLE OF CONTENTS Article 1: GENERAL PROVISIONS...........................................................................................................................1 1.0 Definitions.......................................................................................................................................1 1.1 Intent and Interpretation of the Documents....................................................................................8 1.2 Order of Precedence......................................................................................................................9 1.3 Headings.........................................................................................................................................9 1.4 Clarification of Drawings and Detail Drawings................................................................................9 1.5 Errors and Ommissions................................................................................................................10 1.6 Work by City or Separate Contractors..........................................................................................10 Article2: CONTRACTOR.................................................................................................................................. 2.0 Contractor Representations..........................................................................................................10 2.1 General Duties..............................................................................................................................11 2.2 Duty to Inspect Contract Documents............................................................................................11 2.3 Owner -Contractor Coordination....................................................................................................12 2.4 Communications...........................................................................................................................13 2.5 Contractor's Supervision and Employees.....................................................................................13 2.6 Payment for Labor and Materials..................................................................................................14 2.7 Contractor's Duty When CITY Performs Work On-Site................................................................14 2.8 Subcontractors and Suppliers.......................................................................................................14 2.9 Schedule of Working Hours..........................................................................................................15 2.10 Record Documents.......................................................................................................................15 2.11 Cost Records................................................................................................................................16 2.12 Maintenance and Inspection of Documents.................................................................................17 2.13 Maintenance and Site Cleanup.....................................................................................................20 2.14 Protection of Existing Structures, Equipment, Vegetation, Utilities, and Improvements...............20 2.15 Permits, Laws and Regulations....................................................................................................20 2.16 Patents and Royalties.. ... ............ ................................................................................................ 21 2.17 Contractor's Certification..............................................................................................................22 2.18 Deviation from Contract................................................................................................................22 2.19 Operations, Material Handling, and Storage Areas......................................................................23 2.20 Contractor's Overall Responsibility For Protection of Work, Property, and Persons....................23 2.21 Public Safety and Convenience....................................................................................................24 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-i 10 2.22 Protection of Persons...................................................................................................................24 2.23 Safety Program.............................................................................................................................25 2.24 Sanitation......................................................................................................................................25 2.25 Hazardous Waste and Materials..................................................................................................25 2.26 Storage of Contractor's Property..................................................................................................26 Article 3: ADMINISTRATION OF THE CONTRACT...............................................................................................26 3.0 Time of Essence...........................................................................................................................26 3.1 Notice to Proceed.........................................................................................................................26 3.2 Work Progress..............................................................................................................................26 3.3 Schedule of Values.......................................................................................................................26 3.4 Project Schedule. .......................................................................................................................... 27 3.5 Submittals.....................................................................................................................................29 3.6 Requests for Information..............................................................................................................30 3.7 Tests, Inspections, and Access to the Work................................................................................31 3.8 Correction of Work or Damaged Property....................................................................................33 3.9 Substitution of Products & Processes...........................................................................................34 3.10 Increased or Decreased Quantities..............................................................................................34 Article 4: CHANGES TO THE CONTRACT............................................................................................................36 4.0 General.........................................................................................................................................36 4.1 Contractor's Request for a Change Order....................................................................................37 4.2 Differing Site Conditions...............................................................................................................39 4.3 Acceleration..................................................................................................................................40 4.4 Suspension of Work.....................................................................................................................41 4.5 Force Majeure...............................................................................................................................43 4.6 Change Orders.............................................................................................................................43 4.7 Cty Request for a Change Proposal.............................................................................................44 4.8 Minor Changes.............................................................................................................................45 4.9 Procedures and Protest by the Contractor...................................................................................45 Article 5: TIME AND PRICE ADJUSTMENTS........................................................................................................46 5.0 Change in the Contract Time........................................................................................................46 5.1 Change in the Contract Price........................................................................................................47 5.2 Method to Calculate Adjustments to Contract Price.....................................................................49 5.3 Allowable Costs............................................................................................................................52 5.4 Value Engineering and Cost Sharing............................................................................................55 Article 6: PAYMENT AND COMPLETION..............................................................................................................55 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710 -ii 6.0 Applications for Payment..............................................................................................................55 6.1 Payments......................................................................................................................................56 6.2 Payment Withheld.........................................................................................................................57 6.3 Title...............................................................................................................................................58 6.4 Warantee of Title..........................................................................................................................59 6.5 Substantial Completion Procedure...............................................................................................59 6.6 Final Inspection and Final Punch List...........................................................................................60 6.7 Requirements for Final Application For Payment.........................................................................60 6.8 Completion/Final Acceptance.......................................................................................................61 6.9 Retainage......................................................................................................................................61 6.10 Warranty and Guaranty................................................................................................................62 6.11 Prior Occupation...........................................................................................................................62 6.12 Possession and Use of Completed Portions of the Work.............................................................62 6.13 Possession of Incomplete Portions of the Project........................................................................63 Article7: TERMINATION........................................................................................................................................63 7.0 City's Right to Terminate Contract................................................................................................63 7.1 City's Right to Stop the Work for Cause.......................................................................................66 Article8: CLAIMS AND LITIGATION......................................................................................................................66 8.0 Disputes and Claims.....................................................................................................................66 8.1 Contractor Claims.........................................................................................................................67 8.2 Contractor's Burden of Proof on Claim.........................................................................................69 8.3 Litigation........................................................................................................................................70 Article9: MISCELLANEOUS..................................................................................................................................70 9.0 Contractor's Performance and Payment Bond.............................................................................70 9.1 Indemnification/Hold Harmless.....................................................................................................71 9.2 Insurance......................................................................................................................................72 9.3 Bonds............................................................................................................................................73 9.4 Ownership of Documents.............................................................................................................74 9.5 Confidentiality.................................................................................Error! Bookmark not defined. 9.6 Subcontractor Responsibility........................................................................................................74 9.7 Compensation, Wages, Benefits and Taxes ..................................Error! Bookmark not defined. 9.8 Successors and Assigns...............................................................................................................74 9.9 Third Party Agreements................................................................................................................74 9.10 Waiver of rights.............................................................................................................................74 9.11 Notice to City of Labor Disputes...................................................................................................75 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710 -iii 9.12 Disruptions Caused by Labor or Other Disputes .... 9.13 Independent Contractor/Conflict of Interest............ 9.14 Severability............................................................. 9.15 Equal Opportunity Employer ................................... 9.16 Joint Venture Contractor ......................................... 9.17 Offer of Assignment of Antitrust Actions ................. 9.18 Amendment of General Conditions ........................ Project WW02-2010 Upgrade and Expansion of Wastewater Utility SCADA System ....75 ....77 ...77 ...77 ...78 ....78 ....78 General Conditions 00710 -iv ARTICLE 1: GENERAL PROVISIONS 1.0 DEFINITIONS A. "Addendum" or "Addenda." Alteration or clarification of the plans or specifications provided to bidders by City prior to bid time, which becomes part of the Contract Documents when the Contract is executed. B. "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. C. "Bid, Proposal." Offer of a bidder submitted on the prescribed form setting forth the price or prices and the technical requirements; includes both the cost proposal and technical proposal of the Work to be performed. D. "Bidder, Proposer, Offerer." Individual, partnership, corporation, or a combination thereof, including joint venturers, offering a proposal or bid to perform the Work. E. "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. F. "Change Order." A written instrument that 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. G. "Change Proposal." A document prepared by the Contractor at the request of 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. H. "Contract" or "Contract Documents." The entire integrated agreement between City and the Contractor for the performance of the Work. 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 (Divisions 1 through 17); 4. Drawings; 5. Addenda; and 6. Any Change Orders. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-1 I. "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. J. "Contract Execution." occurs when City Manager or its designee signs the Contract, which shall only occur after the Contractor signs the Contract. K. "Contract Price" means the total amount payable by City to the Contractor for performance of the Work in accordance with the Contract. L. "Contractor's Representative." The individual who has authority to obligate the Contractor and who is identified in the Public Works Contract. M. "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. N. "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 City. O. "Contractor." The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, Contracting with City to do the Contract Work. P. "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. Q. "Critical Path." The longest, continuous sequence of interrelated activities that begins at the start of the Project (Notice to Proceed) and extends to Substantial Completion of the Project. These activities are critical because delay to an activity on this path will extend Contract Time. R. "Day." A calendar day, unless otherwise specified. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-2 S. "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 11). T. "Direct." Action of the City or Project Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract. U. "Directive." Written documentation of the actions of the City or Project Manager in directing the Contractor. V. "Equipment." Mechanical, electrical, instrumentation, or other device with one or more moving parts, or devices requiring an electrical, pneumatic, electronic, or hydraulic connection. W. "Field Directive." A document prepared by 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. X. "Final Acceptance" and/or "Completion." Written acceptance of the Project by City. Y. "Force Majeure." An event that is unforeseeable at the time of Contract Execution and that is beyond the reasonable control of the Contractor and 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. Z. "Furnish." To deliver to the job site or other specified location any item, equipment or material. AA. "Hand and Other Small Tools" means any tool, piece of communication equipment, or piece of equipment with a wholesale value of less than $500. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-3 BB. "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. CC. "Holidays." Legal holidays designated by the state or specifically identified in the Contract Documents. DD. "Install." Placing, erecting, or constructing complete in place any item, equipment, or material. EE. "May." Permissive actions. FF. "Notice." A written document issued by the Project 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; 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. GG. "Notice To Proceed." A written Directive issued by City authorizing the Contractor to perform some or all of the Work. HH. "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. 1. Site or Field Overhead costs are 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-4 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 costs are 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 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 the 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. II. "Owner or City." "City" or "Owner" may be used interchangeably and refer to the City of Port Angeles. JJ. "Project Manager or Owner's Representative." The person or persons designated, by the City to act as its agent on specified matters relating to this Contract to perform inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the Project Manager. KK."Parties." The Contractor and the City. LL. "Paragraph." For reference or citation purposes, paragraph shall refer to the paragraph, or paragraphs, called out by section number and alphanumeric designator. For example, this definition is found in paragraph 00710-1.0, Definitions. MM. "Person." Includes firms, companies, corporations, partnerships, and joint ventures, as well as persons. NN. "Project." All activity relative to this Contract including activity of the Contractor, its Subcontractors, and the City. 00. "Protest." Contractor's disagreement with anything required in a Change Order, another written order, or an oral order from the Project Manager per paragraph 00710-4.9, Procedures and Protest by the Contractor. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-5 PP."Request for Change Order." A document 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. QQ. "Project Manual." Those Contract Documents prepared for bidding and as amended by Addenda. See Contract. RR. "Provide." Furnish and install, complete in place. SS."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 Project Manager when the Contractor (1) notifies the Project 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. TT. "RCW." Revised Code of Washington. UU. "Request for Information." A request from the Contractor to the City seeking an interpretation or a clarification of some requirement of the Contract Documents. W."Shall." The imperative. WW. "Shown." Information presented on the drawings, with or without reference to the drawings. XX."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. YY."Specifications." That part of the Contract Documents consisting of written descriptions of the technical features of materials, equipment, construction systems, standards, and workmanship. ZZ. "Specify." Refers to information described, shown, noted or presented in any manner in any part of the Contract. AAA. "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 all Subcontractors and subconsultants at every level and tier. BBB. "Submittals." The information which is specified for submission to the Project Manager in accordance with Division 1 of the Project Manual. CCC. "Substantial Completion." That stage in the progress of the Work where: 1. The City has full and unrestricted use and benefit of the Project for the purpose intended; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-6 2. All the systems and parts of the Contract Work are functional; 3. Utilities are connected and operate normally; 4. Only minor incidental work, correction, or repair remains to complete all Contract requirements; and, 5. The City has received all certificates of occupancy and any other permits, approvals, licenses and other documents from any governmental authority with jurisdiction necessary for beneficial occupancy of the project. 6. Substantial Completion requires not only that the work be sufficiently completed to permit utilization, but that the City can effectively utilize the substantially completed work. Determination of Substantial Completion is solely at the discretion of the City. Substantial Completion does not mean complete in accordance with the Contract nor shall Substantial Completion of all or any part of the project entitle the Contractor to acceptance under the Contract DDD."Substantial Completion Date." Date when the City puts into service the project, or that portion of the project that has been determined to be Substantially Complete. EEE. "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. FFF. "Unusually Severe Weather Conditions." Defined and calculated as follows: 1. Daily rainfall equal to, or greater than, 0.50 inch during a month when the monthly rainfall exceeds the normal monthly average by 15 to 100 percent. 2. Daily rainfall equal to, or greater than, 0.20 inches during a month when the monthly rainfall exceeds the normal monthly average by more than 100 percent. 3. Daily rainfall equal to, or greater than, 1.0 inch at any time. 4. Daily maximum temperature equal to or less than, 20 degrees F during a week when the maximum daily temperature never exceeds 35 degrees F. 5. Daily maximum temperature equal to or less than, 25 degrees F during a week when the maximum daily temperature never exceeds 30 degrees F. 6. Daily maximum temperature equal to or less than, 15 degrees F at any time. 7. 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 the City upon written request by the Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-7 Contractor. Such written request shall describe in detail the weather conditions, identify the specific impacts resulting from the weather condition, and be submitted to the City within five (5) days of the onset of the unusually severe weather condition. 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 ("NOAA") of the U.S. Department 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. GGG. "Work." The labor, materials, equipment, supplies, services, and other items necessary for the execution, completion and fulfillment of the Contract. 1.1 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 the City and the Contractor. No Contract between the City and a third party shall be construed to create any duty on the part of the City or such third party to the Contractor. The Contractor is not an intended or incidental beneficiary of any promises made in the 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, the City shall resolve any such conflict or inconsistency in accordance with paragraph 00710-1.2, 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-8 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 the Work to be performed by any trade. 1.2 ORDER OF PRECEDENCE A. Any conflict or inconsistency between the terms or conditions of the Contract Document 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 including Technical and Cost Proposal; 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. 1.3 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. 1.4 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: 1. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-9 1.5 ERRORS AND OMMISSIONS 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 Project Manager in writing. The Project 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 Project Manager and approved by the City. 1.6 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. ARTICLE 2: CONTRACTOR 2.0 CONTRACTOR REPRESENTATIONS The Contractor makes the following representations to City: A. Before submission of its bid, the Contractor has: 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 the 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-10 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. 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. 2.1 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. 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. 2.2 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: 1. Error, inconsistency, or omission in the Contract Documents that a reasonable Contractor would have known or through the exercise of reasonable diligence should have discovered under the same and similar circumstances; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-11 2. 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 Project Manager. D. If the Contractor proceeds with the work in question without written direction from the Project Manager, the Contractor shall be responsible for any costs or damages associated with: 1. Fines or penalties; 2. Demolition, tear out, removal, cleanup, remediation, or fixing the work in question; and 3. Delay, disruption, and loss of productivity. 2.3 OWNER -CONTRACTOR COORDINATION A. Service of Notice. Any notice, order, direction, request or other communication given by the Project Manager or 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 Representative and the Project Manager 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. Cooperation with Project Manager. The Contractor, when requested, shall assist the Project Manager in obtaining access to work which is to be inspected. The Contractor shall provide the Project Manager with information requested in connection with the inspection of the work and administration of this Contract. D. Cooperation of Others. 1. The Contractor agrees to permit entry to the Site of the work by the Owner's Representative, the Project 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-12 and dispose of its materials in such a manner as not to interfere with the activities of the Owner or of 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. 2. If requested by the Contractor, the Project Manager will arrange meetings with other Contractors performing work on behalf of the Owner to plan coordination of construction activities and to keep the Contractor informed of the planned activities of other Contractors. The Contractor shall attend such meetings if directed by the Project Manager. 2.4 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. 2.5 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. The 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. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-13 2. City shall also have the right to order the Contractor to replace personnel who demonstrate unprofessional behavior. 3. Failure by the 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. 2.6 PAYMENT FOR LABOR AND MATERIALS 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. 2.7 CONTRACTOR'S DUTY WHEN CITY PERFORMS WORK ON-SITE A. The Contractor shall coordinate its work with City and other City Contractors and, at City's request, participate in meetings for the purpose of coordinating the Contractor's schedule with those of other Contractors at no additional cost to City. If the Contractors cannot resolve a conflict concerning access to the Site without impacting Contract Price, Contract Time, and any milestones in the Contract Documents, the Project Manager shall issue written direction to resolve the conflict. B. The Contractor shall not engage in work activity that inhibits the work of any other Contractors without the prior written consent of City. C. If any part of the Contractor's work depends, for proper execution or results, upon the prior work of City or any other Contractor, the Contractor shall, before performing the affected work, inspect and give prompt written Notice of any apparent discrepancies or defects in the prior work that renders it unsuitable for the reception of Contractor's work. Contractor's failure to so inspect and to give such prompt Notice shall constitute acceptance of the prior work as fit for reception of its work, except as to defects not then reasonably discovered. 2.8 SUBCONTRACTORS AND SUPPLIERS A. This Contract is between City and the Contractor. 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-14 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 1. 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. 2.9 SCHEDULE OF WORKING HOURS A. As specified in the Contract, the Contractor shall submit a schedule of working hours, including overtime and shift work, to City for acceptance. This schedule shall comply with all Contract requirements. B. The schedule of working hours accepted by City shall be the only schedule used by the Contractor during performance of Work in the Contract, unless amended to maintain work progress. C. The Contractor shall provide 48 hours advance written Notice of any intent to work outside of approved working hours for review and possible approval by the Project Manager. Any work performed outside approved working hours shall be performed without additional expense to City, except as otherwise provided in the Contract Documents. 2.10 RECORD DOCUMENTS A. The Contractor shall keep a copy of the Contract Documents on the Site. B. The Contractor shall keep at the Site an accurate, readable, and orderly set of drawings and specifications, updated as the job progresses to show all approved changes, options, alternates, and all actual deviations from the original Contract Documents. This set of drawings and specifications shall be the Record Documents. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-15 1. The Record Documents shall be maintained in hard copy. 2. In addition to all approved changes, options, alternates, and all actual deviations from the original Contract Documents, the Record Documents shall be marked as follows: a. Record all materials used where options, alternates and/or change orders were indicated, specified and/or authorized; b. Accurate measurements referenced as required by the technical specifications shall be recorded to show the exact location and changes in direction of all underground services and utilities, as well as their depth below finished grade; c. Update the Record Documents with information about each item of capital equipment or other fixed asset installed, including type of equipment, make, model, serial number, and acquisition cost; d. Update the Record Documents identifying each item of capital equipment or other fixed asset removed from the Project, including type of equipment or fixed asset, make, model, serial number and description of location from which it was removed; and e. Record all other requirements as specified in the Technical Specifications. C. The Record Documents shall be kept up-to-date and be available for review by City at all times, including but not limited to at each job progress meeting. Failure to have the record set up-to-date shall be sufficient reason for City to withhold payment in accordance with paragraph 00710-6.2, Payment Withheld, until all such information is recorded. D. Record Documents may be used to assist City to verify the appropriate progress payment. 2.11 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-16 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. 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 General Conditions Articles 4, Changes to the Contract, and 5, 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. 2.12 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 their 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-17 F. The Contractor, Subcontractors, and Suppliers, 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. Contractor shall pass down to its Subcontractors and Suppliers the requirements of this provision. 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; 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-18 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. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-19 2.13 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. 2.14 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. 2.15 PERMITS, LAWS AND REGULATIONS A. Except those permits, easements, and variances specified in the Contract as having been previously obtained by City, all permits, licenses, easements and variances necessary for the execution of the work shall be secured and paid for by the Contractor. The Contractor shall identify, apply for, and pay for such permits and licenses at the earliest possible time so as to avoid any delay to the Contract Work arising from the permitting and/or licensing process. No actions taken by City to aid the Contractor in securing any permit or license shall relieve the Contractor of any obligations to secure any such permit or license. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-20 B. The Contractor shall maintain all stamped permit documents at the Site during construction, in good condition and as required by local ordinances. 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. D. Taxes. 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. 2.16 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 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-21 2.17 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. 2.18 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 Project Manager. B. Any alteration, variation, addition, deviation, or omission by the Contractor shall not result in any extra compensation or extension of time. 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 Project Manager. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-22 2.19 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS A. Temporary Buildings and Utilities Temporary buildings (including storage sheds, shops, and offices) and utilities may be erected by Contractor on the Site only with the consent of City and without expense to City. The temporary buildings and utilities shall remain the property of Contractor and shall be removed by the Contractor at its expense upon completion of the work. B. Disposal/Removal of Materials The Contractor shall be responsible for compliance with all laws governing the storage and ultimate disposal of all materials and components. The Contractor shall provide City with a copy of all manifests and receipts evidencing proper disposal when required by City or applicable law. C. Protection and Care of Contractor's Materials and Equipment The Contractor shall be responsible for the proper care and protection of its materials and equipment delivered to the Site. Materials and equipment may be stored on the Site at the Contractor's own risk and with prior written approval from City. When the Contractor uses any portion of the Site as a shop, the Contractor shall be responsible for any repairs, patching, or cleaning arising from such use and for obtaining any necessary permits to establish such shop or temporary storage facilities. 2.20 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 caused directly or indirectly by the acts or omissions of the Contractor, Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-23 Subcontractors, Suppliers, or third parties authorized or allowed on the Site by the Contractor until Final Acceptance. D. The Contractor shall also be solely and completely responsible for damages arising from the work that affect property adjacent to the Site. 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. 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 Project Manager authorizes in writing the removal of signs, fencing, barricades, lights or security measures. WA M!1 =11 y/_1iiI1Z41070►T/= ki114iilDI 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, and 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. 2.22 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. The Contractor shall maintain in a reasonable number of conspicuous and accessible places at the Site all materials necessary for giving first aid to the injured. The Contractor shall establish, publish and make known to all employees procedures for ensuring immediate removal to a hospital or a doctor's care, of persons who may have been injured on the Site. Employees shall not be permitted to work on the Site before the Contractor has: (1) provided all materials necessary for giving first aid at the Site; and, (2) established and made known procedures for removal of injured persons to a hospital or doctor's care. The Contractor shall ensure that at least one of its employees on site has adequate training in first aid. 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-24 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. 2.23 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 not relieve or diminish the Contractor's sole responsibility for Site safety. B. The Contractor shall conduct a weekly safety meeting with all Subcontractors and others on the Site performing work hereunder to discuss general and specific safety matters. The Contractor shall provide upon request, notice of each meeting to City. At City's request the Contractor shall provide City with a record of each meeting, including a sheet on which each attendee signed in and a list of the matters discussed. 2.24 SANITATION The Contractor shall comply with WAC 296-155-140 establishing sanitation standards in the construction industry. 2.25 HAZARDOUS WASTE AND MATERIALS A. The Contractor shall comply with all pertinent federal hazardous waste laws and Washington State Dangerous Waste regulations governing hazardous waste generation, storage, transportation, treatment and disposal. B. The Contractor shall conduct its work to meet the requirements set forth in the Specifications and any applicable laws or regulations related to hazardous materials encountered during performance of the work. Hazardous materials include asbestos, PCBs, radioactive materials, explosives and other materials deemed as such by regulatory agencies. If the material proves positive as containing asbestos, such material shall be handled in compliance with WAC 296- 62-077 through 296-62-07753. The Contractor shall give immediate oral notice, and written notice within three days, to the Project Manager upon the discovery of any such hazardous materials and proceed thereafter only as directed by the Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-25 Project Manager or as set forth in the Specifications. In case of any conflict between any such requirements, the more stringent requirement shall apply. 2.26 STORAGE OF CONTRACTOR'S PROPERTY A. The Contractor's tools and equipment and materials to be incorporated into the Project may be stored on the Site but all such storage shall be subject to the requirements of the Contract. Any repairs, patching or cleaning of the Site that may be necessary to restore the Site to its previous condition due to storage of the Contractor's materials, tools or equipment, or other aspects of the Contractor's work, shall be the responsibility of the Contractor. B. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness for the work. Stored equipment and materials shall be located so as to facilitate inspection. The Contractor shall be responsible for damages that occur in connection with the care and protection of materials and equipment until final acceptance of the work. ARTICLE 3: ADMINISTRATION OF THE CONTRACT 3.0 TIME OF ESSENCE All time requirements set forth in the Contract Documents are of the essence. 3.1 NOTICE TO PROCEED After execution of the Contract by the Owner, written Notice to Nroceed 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. 3.2 WORK PROGRESS A. The Contractor shall be required to: 1. Prosecute the work diligently with adequate forces; 2. Plan, coordinate, and layout the work in advance so as to avoid delay; 3. Achieve all applicable milestones, Substantial Completion of the work and Final Acceptance in accordance with the requirements of Contract Documents; and, 4. Complete all Contract close out requirements in accordance with all applicable Contract requirements within the time period established by City in the Certificate of Substantial Completion. 3.3 SCHEDULE OF VALUES A. Unless otherwise specified, within fourteen (14) days after the date of Contract Execution, the Contractor shall submit to City a detailed Schedule of Values in Microsoft Excel format that identifies the various activities of the Contract Work Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-26 and their values and quantities, including the overhead and profit for each activity. The Contractor warrants that the values identified in its Schedule of Values accurately reflect the value of each work activity. The Schedule of Values shall be used as a basis for calculating all Progress Payments. Payment for Contract Work shall be made only for and in accordance with those activities identified in the Schedule of Values. B. The Contractor shall not be entitled to, nor shall City be required to make, payment for any Contract Work until the Schedule of Values has been accepted by City. Such acceptance shall not be unreasonably withheld. C. City shall review and accept the Schedule of Values or provide the Contractor with a written explanation of why the Schedule of Values was not acceptable. City shall use reasonable efforts to review the Schedule of Values within thirty (30) days of City's receipt of the Contractor's submittal of its Schedule of Values. City's acceptance of the Schedule of Values shall not relieve the Contractor from its sole responsibility for the accuracy of the Schedule of Values and its compliance with all Contract requirements. The Contractor shall revise the Schedule of Values as necessary to accurately reflect Change Orders. D. Each Application for Payment (see Section 00710-6.0) shall include a current status of the Schedule of Values. No Application For Payment will be considered until the current status of the Schedule of Values has been submitted and accepted. E. The activities, which the Contractor identifies within its Schedule of Values, shall be specifically referenced within, and conform and be consistent with the activities set forth within the Project Schedule. 3.4 PROJECT SCHEDULE A. Unless otherwise specified, within fourteen (14) days after the date of Contract Execution, the Contractor shall submit to City a Project Schedule. The Project Schedule shall show the sequence in which the Contractor proposes to perform the Work, indicate the Critical Path, identify the dates on which the Contractor proposes to start and finish the scheduled activities of the Contract Work, indicate Substantial Completion within the Contract Time, indicate a date for Final Acceptance, and meet all the requirements as maybe set forth more particularly in the Technical Specifications on Project Schedule. B. The Project Schedule shall be prepared in the format as specified in the Technical Specifications. C. Within thirty (30) days of City's receipt of the Contractor's submittal of its Project Schedule or unless stated elsewhere in the Contract, City shall review the Project Schedule and provide the Contractor with written comments. City will review the Project Schedule only to determine whether the Project Schedule meets the requirements in the Technical Specifications on Project Schedule. To the extent the Project Schedule does not meet such Technical Specifications, the Contractor shall revise the Project Schedule to make it compliant. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-27 D. By reviewing the Project Schedule and providing written comments, City is not approving or adopting the Contractor's plan, schedule, means, methods, techniques, sequences, or procedures required to perform the Work. Review and comment by City of the Project Schedule shall not relieve the Contractor from the sole responsibility for the accuracy of a Project Schedule, and its compliance with all Contract requirements, and its responsibility to meet all required Contract completion dates. Failure by City to indicate items on the Project Schedule that do not conform with the Contract requirements shall not alter or waive the Contract requirements or relieve the Contractor from complying with all Contract requirements. E. The Contractor shall not be entitled to, nor shall City be required to make payment for any Contract Work until the Project Schedule complies with all Contract requirements. F. The Contractor shall schedule the Contract Work so that the Contract Work is completed within the Contract Time. Float in the project Schedule shall be defined as the period of time measured by the number of days each non-critical path activity may be delayed before it and its succeeding activities become part of the Critical Path. Contractor and City may both utilize float to offset delays to the Project Work. G. The Contractor shall regularly enter the actual progress of the Work and Contract Time extensions, if any, approved by City on the Project Schedule. Updated Project Schedules shall reflect actual progress and completion within the Contract Time and shall be provided to City with each Application for Payment in format(s) as required by the Contract. Applications for Progress Payment will not be considered by City and the Contractor will not be paid until the Contractor complies with these requirements. The updated Project Schedule shall be used to assist City in verifying the appropriate payment. It is understood by the Contractor that its failure to properly schedule the project and provide the required reports and logs as set forth in this section will adversely impact the ability of the City to manage its responsibility regarding time and cost management. H. If, in the opinion of City, the Contractor falls behind in its progress of the Work due to acts or omissions of the Contractor, Subcontractors, and Suppliers, the Contractor shall take all necessary steps to improve its progress and bring its progress back in-line with the accepted Project Schedule, without additional cost to City. In this circumstance the Contractor shall, as necessary, increase the number of shifts, overtime operations, and/or days of work, both on and off the Site, and submit for acceptance any supplementary schedule or schedules as City deems necessary to demonstrate how the accepted rate of progress will be regained. Failure of the Contractor to comply with the requirements under these provisions shall be grounds for a determination by City that the Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, City may pursue any right it has under the law or the Contract, including but not limited to default termination. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-28 3.5 SUBMITTALS A. Submittals include shop drawings, setting and erection drawings, schedules of materials, product data, samples, certificates and other information prepared for the Work by the Contractor or a Subcontractor as set forth in the Technical Specifications ("Submittals"). The Contractor shall perform no portion of the Work requiring Submittals until the Submittals have been reviewed and returned by City with one of the following annotations: (1) no exceptions taken or (2) note markings. B. Before furnishing the Submittals to City, the Contractor shall: (1) review all Contractor and Subcontractor Submittals for accuracy, completeness, and compliance with the Contract; (2) coordinate all Submittals with all Contract Work by other trades and with field measurements; and (3) indicate approval on the Submittals as a representation that it has complied with its obligation to review and coordinate Submittals. Where required by law or by the Contract, Submittals shall be stamped by an appropriate licensed professional. Submittals lacking required stamps or evidence of Contractor review and approval will be returned without review by City for resubmission. Submittals shall be sequentially numbered. C. When submitting information, the Contractor shall identify and state reasons for any alteration, variation, addition, deviation, or omission from the Contract. The Contractor shall not perform work that alters, varies, adds to, deviates from, or omits work without prior specific written acceptance by City. D. The Contractor shall provide Submittals with reasonable promptness and in such sequence as to facilitate the timely completion of the Contract. The Contractor shall prepare and keep current, for review by City, a schedule of Submittals which is coordinated with the Contractor's Project Schedule and allows City reasonable time for review. E. City shall review the Contractor's Submittals and respond in writing with reasonable promptness so as not to unreasonably delay the progress of the Work. Unless otherwise agreed, no delay to the Contractor's Work shall be attributable to the failure by City to respond to a Submittal until thirty (30) days after the Submittal is received by City, and then only if failure by City to respond is unreasonable and affects the Contract completion date. F. If the Contractor is required to resubmit a Submittal, any revisions on resubmittals shall be specifically identified in writing and the resubmitted Submittal shall be sequentially alpha denoted (for example: 22A followed by 22B, etc.) and note revisions in numerical order. The cost of the review of the initial Submittal and the first revised submittal shall be borne by City. The costs of all additional revised Submittals shall be charged to the Contractor. The cost of review shall include, without limitation, administrative, design, and engineering activities directly related to review of Submittals. City may deduct these costs from any amounts due the Contractor. G. City shall review the Contractor's Submittals only for conformance with the design of the Work and compliance with the Contract. Review of the Submittals are not conducted to verify the accuracy of dimensions, quantities, or calculations, the performance of materials, systems, or equipment, or construction means, Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-29 methods, techniques, sequences, or procedures, all of which remain the Contractor's responsibility. Failure by City to take exception to a Submittal shall not relieve the Contractor from any duty, including its responsibility for errors or omissions in Submittals, its duty to make Submittals and duty to perform the Work according to the requirements of the Contract. City's review of a Submittal shall not alter or waive the requirements of the Contract unless City has issued prior written approval of such change or alteration of the Contract requirements. H. The Contractor's failure to identify any error, deviation, or omission and subsequent acceptance of the Submittal by City shall not relieve the Contractor from complying with the Contract requirements. 3.6 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 paragraph 00710-3.6, Requets for Information, subparagraph 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. At the request of the Project Manager, 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 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-30 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. 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 4, Changes to the Contract. 3.7 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-31 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; 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 Project 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 Project Manager will determine the appropriate standard test to be used. In cases where compliance of materials or equipment to Contract requirements is not readily determinable through inspection and tests, the Project 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-32 3.8 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. b. 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. 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' defective or non- conforming work or workmanship, including but not limited to all special, incidental, or consequential damages incurred by City. The Contractor agrees to indemnify and hold City, its elected officials, officers, agents and employees harmless from any personal injury or property damage caused by the Contractor or its Subcontractors defective or non -conforming work or workmanship. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-33 3.9 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, and 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. 3.10 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 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-34 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 paragraph 00710-5.3, 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: i. Any increase or decrease in unit costs of labor, materials or equipment, utilized for work actually performed, resulting solely from the reduction in quantity; ii. 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; iii. 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 paragraph 00710-5.3, Allowable Costs nor shall overhead and profit exceed the rates set forth in paragraph 00710-5.3, 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-35 C. If the adjusted final quantity of any item does not vary from the quantity shown in the bid 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 Project Manager, the Contractor shall proceed with the work pending determination of the cost or time adjustment for the variation in quantities. 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. ARTICLE 4: CHANGES TO THE CONTRACT 4.0 GENERAL A. No provisions of the Contract may be amended or modified except by written agreement signed by 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 4, 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 4, Changes to the Contract. E. 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. 1. Written Field Directive 2. Response to a request for information 3. Comments on a Submittal 4. Differing Site Condition 5. Acceleration or constructive acceleration 6. Suspension of the work 7. Delay, inconvenience, disruption of schedule, loss of efficiency or productivity Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-36 8. City caused Stand-by 9. Force Majeure 10. Conflicts, ambiguities, inconsistencies, and/or problems arising from the Contract Documents 11. Any other directive or Direction, written or oral, from City 12. Any other reason for which the Contractor believes it is entitled to additional money or time F. 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. G. The Contract requirements for time and price impacts related to Change Orders are set forth in Article 5, Time and Price Adjustments. 4.1 CONTRACTOR'S REQUEST FOR A CHANGE ORDER A. Notice of Intent to Submit a Request for Change Order. 1. The Contractor shall provide the Project Manager with the written Notice that the Contractor intends to submit a Request For Change Order no later than seven (7) days, except as specified below for Differing Site Conditions, after any direction, instruction, interpretation, determination by City and/or the onset of any event or impact to the Project. 2. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-37 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 Project 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 Project 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 5, Time and Price Adjustments; b. Specific request for time extension (number of days) calculated in accordance with Article 5, 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 paragraph 00710-2.12, 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. 1. 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. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-38 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 paragraph 00710-4.9, 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. 4.2 DIFFERING SITE CONDITIONS A. Immediate Written Notice to City. If the Contractor encounters a Differing Site Condition as defined in paragraph 00710-1.0, 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 Project Manager, within twenty-one (21) days of the Contractor's initial written notice of 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. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-39 3. The Contractor shall be responsible for any and all costs or damages incurred by City resulting from the Contractor's failure to provide appropriate notice and/or the Detailed Description and Request for Change Order. 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. E. Contractor's Obligation to Continue to Work. The Contractor shall not disturb the condition until receipt of written authorization from the Project Manager that work can resume at the location of the alleged Differing Site Condition. The Contractor shall continue with performance of all other work. 4.3 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. 2. 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 Project Manager responds in writing by 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 4, 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-40 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. 4.4 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: a. Cancel the written notice suspending the work; or, 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-41 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 4, 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 paragraph 00710-5.3, 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: a. The work was suspended solely by actions for which City is entirely responsible; b. The Project's cash flow has been or will be substantially adversely impacted as a direct and sole result of such suspension; c. The suspension was of an indefinite duration at the time the suspension arose; d. City required the Contractor to remain on standby during the suspension period; e. The Contractor was unable to resequence or reorganize the work in order to continue working and maintain cash flow for the Project; f. The Contractor was ready, capable, and willing to perform Contract Work during the suspension; g. The Contractor was unable to take on other work as a direct result of the suspension and the only reason the Contractor was unable to take on other work was because of the suspension; and h. That the suspension to the Project's completion date did not simply result from additional work caused by Change Orders that did not result in a substantial impact to the Project's cash flow. 2. The Contractor's recovery is limited to actual unabsorbed home office overhead minus the Overhead and Profit markup calculated in accordance with paragraph 00710-5.3, 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-42 interrupted as a result of actions, omissions, fault or negligence caused, in whole or in part, by the Contractor or any of its Subcontractors. 4.5 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 4, Changes to the Contract. B. Contractor shall not be entitled to a change in Contract Price resulting from an act of Force Majeure. 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. 4.6 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. B. Unilateral Change Order 1. City's Right to Issue Unilateral Change Order. a. City may unilaterally issue a Change Order at any time, without invalidating the Contract and without notice to the sureties, making changes within the general scope of this Contract. b. If any such Change Order causes an increase or decrease in the cost of, or time required for, performance of any part of the Contract Work, City may make an adjustment in the Contract Price, Contract Time, or both, in accordance with Articles 4, Changes to the Contract, and 5, Time and Price Adjustments. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-43 2. Contractor Disagreement with Unilateral Change Order. If the Contractor disagrees with the adjustment to the Contract Price and/or Time as indicated in the Unilateral Change Order, the Contractor's only remedy shall be to file a protest in accordance with paragraph 00710-4.9, Procedures and Protest by the Contractor. 3. Contractor's Obligation to Continue to Work. The Contractor is required to continue with performance of all work, including work associated with the Unilateral Change Order. 4.7 CTY 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. 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 Project 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-44 E. Execution of Unilateral Change Order. If City does not accept the Change Proposal or the Parties cannot agree upon the appropriate price or terms for the Change Proposal, City may issue a unilateral Change Order. 4.8 MINOR CHANGES. A. Payments or credits for changes amounting to $5,000 or less may be made under the Bid item "Minor Change." At the discretion of the City or their designee, this procedure for Minor Changes may be used in lieu of the more formal procedure as outlined elsewhere in this Article. B. The Contractor will be provided a copy of the completed order for Minor Change. The agreement for Minor Change will be documented by signature of the Contractor, or notation of verbal agreement, as a bilateral change order. If the Minor Change is issued as a unilateral change order by the City and the Contractor is in disagreement with anything required by the order for Minor Change, the Contractor may protest the order as provided in paragraph 00710-4.9, Procedures and Protest by the Contractor. C. Payments or credits will be determined in accordance with Article 5, Time And Price Adjustments. For purposes of providing a common Proposal for all Bidders, the City has entered an amount for "Minor Change" in the Proposal to become a part of the total Bid by the Contractor. Any unused Minor Change amount at the end of the Contract shall belong to the City. 4.9 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 paragraph 00710-4.9, Procedures and Protest by the Contractor, provides. A Change Order that is not protested as provided in this paragraph 00710-4.9, 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 paragraph 00710-4.9, 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 Project 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: Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-45 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 Project Manager or other Owner's Representatives provided by the City access to these and any other records related to the protested work. D. The Project Manager will evaluate all protests provided the procedures in paragraph 00710-4.9, Procedures and Protest by the Contractor, are followed. If the Project Manager determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment in accordance with Article 5, 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 statement (including any additional information requested by the Project 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 paragraph 00710-8.0, Disputes and Claims. In spite of any protest or dispute, the Contractor shall proceed promptly with the work as the Project Manager orders. G. By failing to follow the procedures of paragraph 00710-4.9, Procedures and Protest by the Contractor, and paragraph 00710-8.0, Disputes and Claims, the Contractor completely waives any claims for protested work. ARTICLE 5: TIME AND PRICE ADJUSTMENTS 5.0 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-46 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 4, 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. 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. 5.1 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-47 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 Contractor, or anyone for whose acts or omissions Contractor is responsible, including its Subcontractors and suppliers, and City; 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-48 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 4, Changes to the Contract. 2. Identify the following information: 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 paragraph 00710-5.3, 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. 5.2 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: 1. Unit Price Method; 2. Firm Fixed Price Method (also known as Lump Sum); or, 3. Time and Materials Method. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-49 D. Unit Price Method 1. 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 paragraph 00710-5.3, Allowable Costs. 3. 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 1. 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 requested by the Project Manager, as limited by paragraph 00710-5.3, 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 paragraph 00710-5.3, 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 1. 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. 2. Contractor shall: Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-50 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 Project 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 paragraphs 00710-2.10, Record Documents, 00710-2.11, Cost Records, and 00710-2.12, 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 1. 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; b. 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 5, Time and Price Adjustments; and/or, c. At the discretion of City, costs set forth in the documents used by the Contractor to develop its bid. 2. 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-51 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. 5.3 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: a. 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 (SOCA), 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-52 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 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-53 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 Machinery Information Division of PRIMEDIA Information Inc. 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 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: 18% combined Overhead and Profit markup on the Contractor's Direct Costs; or If a Subcontractor or Supplier is performing work: 18% 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. If the value of material and equipment is greater than 50% of the total value of the change, the Overhead and Profit Markup shall only be 10% for material and equipment. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-54 d. Direct Costs shall include Labor (as defined in paragraph 00710-5.3 A.1), Materials (as defined in paragraph 00710-5.3 A.2), Equipment (as defined in paragraph 00710-5.3 A.3), and Subcontractor and Supplier Costs (as defined in paragraph 00710-5.3 A.4). 5.4 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 Project Manager. 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. ARTICLE 6: PAYMENT AND COMPLETION 6.0 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." The Contractor shall include with each Application for Payment: Current cost status of work completed per the Schedule of Values or cost loaded CPM schedule; 2. Project Schedule and the most current updates; 3. A signed statement that the Record Drawings are up to date; and 4. Affidavits signed by all Subcontractors performing work to date, stating that each of them has been paid, less earned retainage, as their interests appeared in the last preceding Application for Payment. B. Inclusion of the required documentation is a condition precedent to payment. The Contractor is not entitled to payment for any work unless the Application for Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-55 Payment includes all required documentation. City reserves the right to withhold payment pursuant to paragraph 00710-6.2, Payment Withheld if it is subsequently determined that all required documentation was not provided by the Contractor or is in error. C. The application shall correlate the amount requested with the Schedule of Values or cost loaded schedule and with the state of completion of the work, as measured by the current Project Schedule. In addition to work performed by the Contractor, applications may include (1) the invoiced cost of major materials or equipment (major material or equipment to be identified on the Schedule of Values or cost loaded schedule) suitably stored on the Site, and (2) with City's consent, up to 75% of the invoiced cost of major materials or equipment suitably stored off the Site if City's interest in those major materials or equipment is protected through proper secure storage and insurance and the Contractor provides documentation of such insurance. 6.1 PAYMENTS A. The basis of payment will be the actual quantities of work, as defined in Section 01025, Measurements 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 paragraph 00710-6.0, to enable the Project Manager 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 Project Manger will make a determination based on information available. The Project Manager'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 paragraph 00710-6.2, 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. Partial payments will be made once each month, based upon partial estimates prepared by the Project Manager. The determination of payments under the Contract will be final in accordance the authority of the Project Manager. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-56 G. 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. H. Upon completion of all work and after final inspection paragraph 00710-6.6, Final Inspection and Final Punchlist, the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Project 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. Such certification shall be deemed a release of all claims of the Contractor unless a claim is filed in accordance with the requirements of paragraph 00710-8.1, Contractor Claims, and is expressly excepted from the Contractor's certification on the Certification of Work Completion and Acceptance. The date the City signs the Certification of Work Completion and Acceptance constitutes the final acceptance date. If the Contractor fails, refuses, or is unable to sign and return the Certification of Work Completion and Acceptance or any other documentation required for completion and final acceptance of the Contract, the City reserves the right to establish a Completion Date and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Project Manager, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by certified letter from the Project Manager, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the certified letter is received by the Contractor. The date the City unilaterally signs the Final Certification of Work Completion and Acceptance shall constitute the Completion Date and the final acceptance date. The reservation by the City to unilaterally accept the Contract will apply to Contracts that are Substantially Completed in accordance with paragraph 00710-6.5, Substantial Completion Procedure, or for Contracts that are terminated in accordance with Section 00710, Article 7, Termination. Unilateral final acceptance of the Contract by the City does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the work under the Contract. K. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 6.2 PAYMENT WITHHELD A. In addition to moneys retained pursuant to RCW 60.28 and without waiver of any other available remedies, 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: Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-57 1. Failure of the Contractor to submit or obtain acceptance of a Progress Schedule, Schedule of Values, and any updated Schedules; 2. Defective or non -conforming work; 3. Costs incurred by City to correct, repair or replace defective or non -conforming work, or to complete the work; 4. A reasonable doubt that the Contract can be completed for the balance then unpaid; 5. A reasonable concern by City that the materials, equipment or component parts are not in proper operating condition; 6. Assessment of Liquidated Damages; 7. Failure to perform in accordance with the Contract; 8. Cost or liability that may occur to City as the result of the Contractor's or Subcontractor's acts, omissions, fault, or negligence; 9. Deduction in contract work; 10. Failure of Contractor to repair damaged materials, equipment, property, or work; 11. Failure of the Contractor to obtain approval of Submittals pertinent to the work accomplished; 12. Failure to pay Subcontractors or Suppliers; 13. Failure to keep Record Documents up to date; 14. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits; 15. Failure to obtain and maintain applicable permits, insurance, and bonds; 16. Failure to provide Statement of intent to Pay Prevailing Wage and/or Affidavits of Wages Paid; and 17. Failure to comply with the Contract safety requirements. B. 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. 6.3 TITLE 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-58 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. 6.4 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. 6.5 SUBSTANTIAL COMPLETION PROCEDURE A. When the Contractor considers that all work or work associated with Contract milestones is substantially complete, the Contractor shall give written Notice to City. 1. City shall promptly inspect the work and, if City does not agree that the work is substantially complete, City will prepare a Punch List (list of items to be completed or corrected). a. City reserves the right to add to, modify, or change the Substantial Completion Punch List as circumstances dictate. b. Failure by City to include any items on such list does not alter the responsibility of the Contractor to complete or correct the work in accordance with the Contract. B. At the Contractor's request, City may identify those Punch List items that must be completed or corrected in order for the Contractor to achieve Substantial Completion. 1. When City determines that those Punch List items have been completed or corrected by the Contractor, City shall make a determination that the work is Substantially Complete. 2. A Certificate of Substantial Completion will be issued by City, which shall establish the date of Substantial Completion. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-59 3. This Certificate of Substantial Completion shall state the responsibilities of City and the Contractor for security, maintenance, heat, utilities, damage to the work, insurance, and the time to complete remaining Punch List work before liquidated damages begin to accrue for the Contractor's failure to achieve Completion/Final Acceptance in a timely manner. 4. City shall assess liquidated damages for the Contractor's failure to complete or correct the required Punch List items necessary to achieve Substantial Completion within the Contract Time for Substantial Completion. C. As provided in the Contract, City may grant Substantial Completion to specific subsystems or portions of the work. The dates of Substantial Completion shall be determined, in writing, by City 6.6 FINAL INSPECTION AND FINAL PUNCH LIST A. All remaining Punch List items that were not corrected prior to Substantial Completion shall be successfully completed by the Contractor prior to the Contractor's request for Final Acceptance. When the Contractor considers that all Contract Work is ready for final inspection and Final Acceptance, the Contractor shall give written Notice to City. 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. Punchlist items may include but are not limited to: Copies of the warranties and guarantees required by the Contract; Permit approvals and Certificates of Occupancy; Operation and Maintenance Manuals; Record Set of Drawings and Specifications; and Stamped permit set of documents; Right of Way, Easements and Property Releases, and any other documents called for elsewhere in the Contract; D. 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. E. 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. 6.7 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-60 2. Contractor's release of claims against City, except for Claims specifically described in the release document and submitted in accordance with Article 8, 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. 6.8 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 it's 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 8, 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: 1. 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 2. 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, outstanding invoices, or claims directly or indirectly arising out of or related to the Contract and/or Project. 6.9 RETAINAGE A. RCW chapter 60.28, concerning the rights and responsibilities of Contractor and City with regard to retainage are made a part of the Contract by reference as though fully set forth herein. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-61 6.10 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, design, or workmanship performed by Contractor or its Subcontractors and Suppliers. B. The warranty period shall be for the longer period of: one year from the date of Final Acceptance of the entire Project or the duration of any special extended warranty offered by a supplier or common to the trade. C. With respect to all warranties, express or implied, for work performed or materials furnished according to the Contract, Contractor shall: Obtain all warranties that would be given in normal commercial practice from the supplier and/or manufacturer; 2. Prior to Final Acceptance require all warranties be executed, in writing, for the benefit of City; 3. Enforce all warranties for the benefit of City; and, 4. 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. 6.11 PRIOR OCCUPATION 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. 6.12 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-62 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. 6.13 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 Project 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 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 paragraph 00710-6.5, Substantial Completion Procedure. ARTICLE 7: TERMINATION 7.0 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 Substantial Completion of the Work within the Contract Time; b. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Final Acceptance 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-63 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: a. Take possession of the Site and possession of or use of all materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor; and/or, b. Finish the Work by whatever other reasonable method it deems expedient; or, c. 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-64 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 paragraph 00710-5.3, Allowable Costs, subparagraph 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 Article 4, Changes to the Contract, and Article 5, 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; 3. Cancel all orders and subcontracts, upon terms acceptable to City, to the extent that they relate to the performance of Work terminated; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-65 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. 7.1 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. ARTICLE 8: CLAIMS AND LITIGATION 8.0 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 paragraph 00710-4.9, Procedures and Protest by the Contractor. B. If the negotiations using the procedures outlined in paragraph 00710-4.9, Procedures and Protest by the Contractor, fail to provide satisfactory resolution of protests, then the Contractor shall provide the Project Manager with written notification that the Contractor will continue to pursue the dispute in accordance with the provisions of this paragraph 8.0, Disputes and Claims. 1. Condition precedent to pursuing a dispute or filing a claim under paragraph 8.0, Disputes and Claims: a. A Request for Change Order is denied or deemed denied by City; or b. A Unilateral Change Order is issued by City. 2. The Contractor shall provide a written notification to the Project Manager within 7 calendar days after receipt of the City's denial or deemed denial of a Request for a Change Order. The Contractor's written notice of dispute shall indicate that the Contractor is submitting a formal claim directly to the City's Representative pursuant to paragraph 00710-8.2, Contractor Claims. 3. The Contractor shall file a fully documented Claim within thirty (30) days of deemed denial or the Contractor's receipt of the denial. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-66 C. In spite of any protest, dispute, or claim, the Contractor shall proceed promptly with the Work as the Project Manager orders. 8.1 CONTRACTOR CLAIMS A. Failure to File a Timely Claim. 1. 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; or b. Contractor's receipt of an Executed Unilateral 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 Unilateral Change Order and/or 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 and/or Unilateral Change Order. 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; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-67 6. If an adjustment in the Contract Price is sought, the exact amount sought, calculated in accordance with the Contract including paragraphs 00710-5.1, Change in the Contract Price, paragraph 00710-5.3, Allowable Costs, and accompanied by (a) all records supporting the Claim and (b) all records meeting the requirements of paragraph 00710-2.11, 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 Paragraph 00710-5.0, 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. 1. 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. 3. Absent a thirty (30) day extension, the Claim shall be deemed denied upon the sixty-first (61st) 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 (91 st) 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-68 F. Appeal Process of a Denial or Deemed Denial of the Claim. 1. The City will designate a representative on behalf of the City to determine the merits of the Appeal, heretofore called the "Appeals Officer." 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 paragraph 00710-8.2, Contractor Claims, subparagraph 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. 8.2 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 or Contract Time not supported by project cost Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-69 records meeting the requirements of paragraph 3.9, 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 paragraph 00710-2.11, Cost Records, no adjustment shall be made to the Contract Price and/or Contract Time with respect to that Claim. D. No Claim 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. 8.3 LITIGATION A. As a mandatory condition precedent to the initiation of litigation by the Contractor against City, Contractor shall comply with all provisions set forth in this Contract including those stated in paragraph 00710-8.0, Disputes and Claims. B. Any litigation brought against City shall be filed and served on City within 180 days from either the issuance of the Certificate of Substantial Completion for the entire Contract or Final Acceptance if no Certificate of Substantial Completion of the entire Contract is issued. C. Venue and jurisdiction shall vest solely in the Clallam County Superior Court. D. 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. E. This Contract shall be governed by, and construed and enforced in accordance with the laws of the State of Washington. ARTICLE 9: MISCELLANEOUS 9.0 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND A. The Contractor shall execute and deliver to City a performance and payment bond for 100% of the Contract Price, on a form acceptable to City with an approved surety company and in compliance with Chapter 39.08 RCW. Contractor shall notify surety of any changes in the Work. The Contractor shall promptly furnish additional bond security to protect City and persons supplying labor or materials required by the Contract if: 1. City has a reasonable objection to any surety; Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-70 2. Any surety fails to furnish reports on its financial condition pursuant to City's request; or, 3. The Contract Price increases beyond the bond amount. 9.1 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"), arising out of or in any way resulting from the Contractor's officers, employees, agents, and/or Subcontractors of all tiers, 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 arising out of the performance of this Contract, whether or not such injury or damage is caused by negligence of the Contractor or caused by the inherent nature of the Work specified. C. City may, in its sole discretion, (1) withhold amounts sufficient to pay the amount of any claim for injury, and/or (2) pay any claim for injury of which City may have knowledge, regardless of the formalities of notice of such claim, arising out of the performance of this Contract. D. Any amount withheld will be held until the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment on such claim. In addition, the Contractor shall reimburse and otherwise be liable for claims costs incurred by City, including, without limitation, costs for claims adjusting services, attorneys, engineering, and administration. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-71 E. In the event City incurs any judgment, award, and/or costs arising therefrom, including attorneys' fees, to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor 9.2 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: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (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. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the Work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Contractor shall maintain the following minimum amounts of Insurance: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are 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. D. The City shall be named as additional insured on all such insurance policies, with the exception of Workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Contract, evidencing Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-72 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. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Contract, except after thirty (30) days prior written notice to the City. Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages 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. E. The provisions of this Section shall survive the expiration or termination of thiE Contract with respect to any event occurring prior to such expiration or termination. F. 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. G. 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. H. 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. 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. J. 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. 9.3 BONDS The Contractor shall provide two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the Work and the other as security for the faithful payment and satisfaction of the persons furnishing materials and performing labor on the Work. The bonds shall be issued by a corporation duly and legally licensed to transact surety business in the state of Washington. Such bonds shall remain in force throughout the period required to complete the Work, and thereafter for a period of 365 calendar days after final acceptance of the Work. The bonds must be executed by a duly licensed surety Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-73 company, which is listed in the latest circular 570 of the United States treasury department, as being acceptable as surety on federal bonds. No surety's liability on the bonds shall exceed the underwriting limitations for the respective surety specified in circular 570. The scope of the bonds or the forms thereof prescribed in these Contract documents in sections 00610 a 620 shall in no way affect or alter the liabilities of the Contractor to the owner as set forth herein. 9.4 OWNERSHIP OF DOCUMENTS All originals and copies of Work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, 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. 9.5 SUBCONTRACTOR RESPONSIBILITY Contractor shall verify responsibility criteria for each first tier Subcontractor, and a Subcontractor of any tier that hires other Subcontractors must verify responsibility criteria for each of its Subcontractors. Verification shall include that each Subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in Sections 1 and 19 (a) -(c) of the Instructions to Bidders and possesses an electrical Contractor license, if required by chapter 19.28 RCW, or an elevator Contractor license, if required by chapter 70.87 RCW. This verification requirement must be included in every public works subcontract of every tier. 9.6 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. 9.7 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 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. 9.8 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. 9.9 WAIVER OF RIGHTS Except as herein provided, no action or want of action on the part of the Contractor, Owner, Owner's Representative, or Project Manager at any time with respect to the Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-74 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. 9.10 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. 9.11 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 Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-75 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 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. 9.12 LIQUIDATED DAMAGES AGAINST CONTRACTOR A. Time is of the essence of the Contract. Delays cause the potential for administrative fines for the City under the City's Agreed Order with the State of Washington and due to environmental impacts persisting for, but not limited to, combined sewer overflows. In addition, delays cause added risk and cost to later portions of this Contract and to other projects including the City's Combined Sewer Overflow Project Phase 1. Delays in Contract completion also cost the City additional money for Contract administration, inspection, and supervision. B. Because of this, the City finds it impractical to calculate the actual costs of delays. The liquidated damage amounts, as specified in Section 01011, Contract Time, will be assessed for Contractor's failure to achieve Substantial Completion, milestones, within the Contract Time and/or Final Acceptance, exclusive of those Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-76 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. Assessment of Liquidated Damages shall not release the Contractor from any further obligations or duties pursuant to the Contract Work. 9.13 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. 9.14 SEVERABILITY 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. 9.15 EQUAL OPPORTUNITY EMPLOYER 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. Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-77 9.16 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 Project 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 Project Manager under this Contract shall be deemed to have been given by and shall bind all persons being the Contractor. 9.17 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. 9.18 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** Project WW02-2010 General Conditions Upgrade and Expansion of Wastewater Utility SCADA System 00710-78 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.1 SUMMARY A. General: The Work to be performed under this Contract shall consist of furnishing plant, tools, equipment, materials, supplies, and manufactured articles, and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The Work shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the City. 1.2 REFERENCE DOCUMENTS The following listed reference documents are provided for informational purposes to describe the original construction configuration of the SCADA systems for the Wastewater Utility and Water Utility. The City makes no guarantee that the documents represent the current configuration of the systems. Some of the documents are available from the City's FTP site and/or at the City for viewing. Contact the Project Manager for requests or assistance. 1. Port Angeles Wastewater Treatment Plant Expansion, Instrumentaion and Control, Control Drawing Submittal Data (available from FTP site or at City for viewing) See Paragraph 1.3.13 starting on page 01010-10 for description of existing conditions. 2. Port Angeles Water Treatment Facility OMSI Manual for SCADA (available at City for viewing only) See Paragraph 1.3.13 starting on page 01010-10 for further information. 3. Combined Sewer Overflow (CSO) Phase 1 Construction Plans and Specifications (available from FTP site or at City for viewing) See Paragraph 1.4 on page 01010-12 for further information. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-1 1.3 NEW WORK The Supervisory Control and Data Acquisition (SCADA) system collects data on all key instrumented points in the plant, controlling many functions across the collection and treatment process, and alerts Waste Water Treatment Plant (WWTP) personnel of conditions in the plant. The existing system was installed in 1993 and its information technology systems and hardware are obsolete and inefficient. The new work includes design, integration, and installation of a new complete, useable, and fully functioning SCADA system for the Wastewater Utility, and shall include subsequent SCADA support service. A. Description of Work. SCADA Project WW02-2010 will be designed and implemented in multiple phases. The phases envisioned at this time include the following: Phase A) Design and migration of existing WWTP to new SCADA System Phase B) CSO Phase 1 applications programming Phase C) Expand SCADA to Pump Stations and Outfall Structures Phase D) CSO Phase 2 applications programming The selected CONTRACTOR will be guaranteed the work of Phase A and Phase B plus one year of support starting at the end of Phase A or Phase B Implementation, whichever is later. For example, the one year of support work shall start at substantial completion of Phase A — Design and Migration of Existing WWTP work. Phase C and Phase D may be added through a Contract addendum process. All design and implementation for Phase A are to include provisions, capaCity, and capability for work associated with Phase B, Phase C, and Phase D work. Phase C and Phase D work may be added at any time during Phase A, Phase B, or within two (2) years following the end of Phase A and Phase B Implementation, or by December 31, 2016 whichever is later. Either Phase C, Phase D, or both Phases C and D may be added to the Contract. During the time the Contract remains in effect, additional design, installation, or service work may be added including for the Water Treatment Plant. When added to the Contract, Service Work for the Water Treatment Plant would be at the same service rate as the WWTP. In addition to the other design and implementation phases, the City may also extend the support Contract for up to five (5) years, starting at the end of the implementation of the last phase of work accepted in the initial award. The successful CONTRACTOR shall design the Phase A SCADA system replacement /upgrade and Phase B programming and requirements, providing to the City design review reflecting work at 70% and 95% design levels. All aspects of the design shall be represented including but not limited to, SCADA, networking, communications, programming, software, etc. The City will return comments to the CONTRACTOR Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-2 within 15 business days of design review submittal. The CONTRACTOR shall incorporate comments, directives, and suggestions from the City. The design review documents for concurrently designed phases may be combined into a single review if the design review deliverables coincide. The design review documents shall include the following: • Cut -sheets or datasheets of major components. Major components are all active electronics and switching components, including 1/0 modules and processors. Passive electrical components, such as DIN rails and terminal blocks, do not require datasheets. • Proposed PLC ladder logic code with comments to be provided at the 95% design review. • Proposed Operator Interface and HMI screen shots with descriptions of the displayed values and actions available to the Operator at each screen. • Process Control Description to be Provided at 70% design level. In conjunction with City Staff, develop a comprehensive integrated control narrative outlining operation of the CSO and WWTP operations in Normal, Phased operating, and Emergency Modes using data tags from the existing and new SCADA systems. Interview the City's WWTP Operators to confirm actual Operation and use of Equipment to ensure proposed programming is consistent with Control Narrative. At the start of installation/construction, provide to the City 100% construction documents. The 100% installation/construction documents are needed before physical work is to begin at any of the control panels. The City will return comments at least three weeks prior to the completion of the associated Phase (for example, phase A) to incorporate into the As -Recorded documentation. The 100% installation/construction documents shall consist of at a minimum, the following: Cut -sheets or datasheets of major components. Include passive electrical components, such as DIN rails and terminal blocks. The commented PLC ladder logic code. This code should reference the operation description or include a copy of the operation description narrative within the PLC code. • An O&M manual describing the effect of switching each input on the PLC. Provide references from the O&M manual to the portion of the PLC ladder logic code. The O&M manual shall also include a complete control narrative by control group in normal mode and in emergency mode. The O&M manual should also contain the Operator Interface and HMI screen shots with the associated descriptions of displayed values and actions available to the Operator. The O&M manual shall also contain the user manuals, operation Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-3 manuals, replacement parts list, trouble shooting procedures and quick start guides available from the component manufacturers. All CONTRACTOR programming for the HMI system and PLCs shall be transferred to and become the property of the City. The City requires an open architecture strategy with programming accessible to its operators or other City hired third party consultants to enable them to be able to do programming as the City deems appropriate after final acceptance of the system has occurred. As part of the completion of each phase (for example, Phase A, Phase B, etc.), provide As -Recorded documentation based upon the 100% Construction Documents. Provide control system commissioning report as part of As -Recorded documentation. The City will return comments within 25 business days to which the CONTRACTOR shall incorporate all comments, update any other drawings or code revisions, and provide to the City the final As -Recorded documentation. 1. Phase A — Existing WWTP Facility The existing equipment is to be replaced with modern programmable logic ac �� controllers (PLCs) forfour (4) control panels. Provide programming to implement the same or similar functionality to the previous construction Contract design (in other words, similar to how the system currently works). If desired, the CONTRACTOR may reverse engineer or use existing PLC code and configurations as guidelines for PLC programming and the narrative. The primary system will have redundancy and all units (including networking equipment within this scope) shall have UPS power protection with battery backup. The existing process visualization (HMI) system for the Wastewater Treatment Plant (WWTP) shall be replaced/upgraded with the latest version of SIMATIC WinCC as specified herein. The existing HMI application software at the WWTP is SIMATIC WinCC, V7.0. The WWTP currently holds four (4) 'licenses which may be reused for upgrading. The existing HMI application software at the Water Treatment Plant is SIMATIC WinCC V7.0 with SP1. The actual implementation of the work at the existing facilities shall be coordinated such that the existing plant is able to continue adequate operations during any construction or modification work. Only one control panel at a time may be modified for Phase A work. In other words, work at each control panel shall be completed (including startup and testing) before proceeding to another control panel. New processors at the WWTP shall integrate with Siemens 57-300 PLCs provided under the CSO Phase 1 Contract (and future CSO Phase 2 Contract). The new PLCs provided under this Contract shall also be able to communicate to Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-4 the four (4k) existing PLCs in the Port Angeles Water Utility SCADA system, which may be included in a future Contract. The new PLCs at the plant must include the ability to transfer by quiescent (PLC to PLC) messaging between PLCs provided under the CSO Phase 1 Contract, the existing PLCs at the Water treatment plant, and all of the PLCs provided under this Contract. Each control panel shall have an Operator Interface installed on the exterior to be accessible to WWTP Operators. Provide a process visualization software suite with sufficient capaCity to accommodate all of the Phases listed in this Contract (i.e., Phase A, Phase B, Phase C, and Phase D). Provide a historical server for all data points collected within the visualization system. Provide new SCADA virtual computer configurations (as per Paragraph 8 below) with process visualization software suite, backup, historical data server, and PLC Programming and Configuration Software suite installed and irrevocably licensed to the City. Provide new virtual computer at the City of Port Angeles Corp Yard for SCADA alarm annunciation. The City shall provide the computer hardware, the Operating Systems licenses, and virtual host program (vSphere) for the Contractor's use. Provide Ethernet switched network to support connections between buildings and to the City's network over fiber optic cables or copper cables. Provide protocol gateways, bridges, and media converters as needed to implement communications networks. 2. Phase B — CSO Phase 1 applications programming The CSO Phase 1 Construction Contract has intentionally omitted the work of applications programming within the CSO Phase 1 Contract per Section 17000, Paragraph 1.0313 of that construction Contract. SCADA associated material and equipment installed in that Contract are described in Section 17000 of that Contract. The work for applications programming is included in this RFP as SCADA RFP Phase B. Requirements for Phase B include all necessary programming and installation required to provide a complete SCADA implementation using the SCADA hardware provided by the CSO Contractor under the CSO Phase 1 Contract. The programming and PLCs provided for RFP Phase B shall be compatible with the Phase A implementation of this Contract. There are six (6) control panels plus one PLC associated with a Vender -provided headworks screen (see CSO Phase 1 drawing 000-I-009, Note 4) associated with SCADA RFP Phase B. Interim programming with the existing SCADA system may be required if the substantial completion due dates described in Section 01011 cannot be fulfilled otherwise. The CSO Phase 1 Contract specification 17000 are made part of this Contract by reference. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-5 In addition, the Contractor shall be present, participate, and support the "testing and commissioning" for SCADA requirements for the City as described in referenced specifications 01660 and 17000, paragraph 1.0113.8 of the CSO Phase 1 Contract. The Contractor shall provide two (2) onsite trips of a four (4) days duration total. 3. Phase C — Offsite Facilities not at Existing WWTP or CSO Phase C work may be added to this Contract as described in paragraph 6, below. This Phase of the project will replace offsite controllers with modern controllers reasonably similar to the systems provided in Phase A. There are three (3) offsite control panels connected through fiber optic networks owned by the City. There are ten (10) additional sites without existing communications into the SCADA control system for a total of thirteen (13) sites included in this phase. There is no guarantee that all sites will be implemented. 4. Phase D — CSO Phase 2 applications programming Phase D work may be added to this Contract as described in paragraph 6, below. The CSO Phase 2 construction Contract will replace the City's pump station number 4 (PS4) entirely, replace gravity sewer mains in the downtown area, as well as alterations to CSO outfalls 6, 7, and 8. The design is expected to be finished mid -2014 with construction Contract award in late 2014 and complete in late 2015 to mid -2016. These dates are subject to change. Phase D will provide the applications programming and other implementation associated with that effort. Design documents will be made available after they are developed. 5. Process and Instrumentation Diagrams The Work to include an update to the Process and Instrumentation Diagrams may be included into the Contract at the City's option. The City has Process and Instrumentation Diagram (P&ID) records from multiple projects with varying degrees of accuracy and relevance. The task, if the City elects to have the CONTRACTOR update the P&IDs, includes updating all the P&ID diagrams for the Control Panels at the WWTP, the CSO project, off-site facilities (13 total), and the alarm handling system. The City will provide the electronic CAD file drawings to the successful CONTRACTOR as a basis for the updated versions of the P&IDs. The P&IDs provided as part of the CSO Construction Documents shall be used as the basis for the level of detail, symbols, and look and feel of the P&IDs drawings. If awarded, the P&ID work for Phase A shall be included in the Phase A 95% design review. The CONTRACTOR shall incorporate all comments from the City for inclusion prior to Phase A close out. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-6 6. Required and Additive Phases Some phases listed above may be split or taken out of sequence as determined by the City. The CONTRACTOR is only guaranteed the work in the initial award (Phases A and B). Phases C and D and additional work may be awarded in subsequent years starting in 2014 at the discretion of the City. Additional work will be based on mutually agreeable scopes of work and pricing per addenda to the Contract. The City may include the MID work at the additive bid item lump sum price on the Bid Form as a separate task item as part of the initial award. In addition, maintenance and support work during the term of the Contract is within the project scope of this RFP. The City at its option may extend the maintenance and support annually for an additional 5 years beyond the initial 5 year term. Any additional work or options will be added through amendment to the support services agreement. 7. SCADA Software Visualization Requirements Provide the latest version of process visualization software suite with sufficient capacity to accommodate 150% of all data points available from all of the PLCs included in all Phases listed in this Contract (i.e., Phase A, Phase B, Phase C, and Phase D). The SCADA Software Visualization shall be able to communicate to the existing and new PLCs through a protocol native to the PLC. Provide VO servers or interface software as needed. Phase C data points are available from referenced contact documents (see sub -section 1.2 above) and assume Phase D data points will be similar in quantity to Phase B. Provide historical data server with sufficient capaCity to record at least 150% of all data points collected within the SCADA control system. Import the existing historical data from the City's existing system into the new historical data server. Provide alarm annunciation software capable of using public switched telephone networks to annunciate alarms, receive alarm acknowledgement, and test alarming system. _ The SCADA System shall be able to support five (5) remote connections with one of the connections able to modify the HMI configuration (in other words, a programming node). Program SCADA software to maintain the same functionality as existing process visualization software suite application including graphics, animation, control features, alarms, and data logging. Configure new software SCADA alarm annunciation software to work with new SCADA process visualization software Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-7 suite similar to the existing software alarm dialer. Verify data and perform functional test for control and alarms. Provide irrevocable licenses and register software to the City of Port Angeles. The software visualization package, alarm annunciation, and historical data server software must be Siemens SIMATIC WinCC. The Contractor shall provide an updated version of the City's existing software suite. The software visualization package and historical data server must be provided by the same manufacturer. The City has installation media available for the most recent WinCC version as of the date of this RFP, but the current system is not operating on the latest version of WinCC. 8. SCADA Virtual Machine Requirements The City will provide a total of eight (8) virtual computers as described below. It is not acceptable to reuse existing computers. All eight computers will be virtualized as part of the City's existing virtual desktop infrastructure on the City- wide server system. The City will provide the server hardware, operating system licenses, client computer hardware, and virtual hosts to the Contractor for installation of software by the Contractor. The City will provide all the necessary server computer hardware, all the necessary thin client hardware (or software thin clients on existing computers). The City will provide to the Contractor virtual hosts with Operating systems installed and licensed to the City. The Contractor shall install the software onto the virtual hosts to make a complete and fully functional SCADA system. Provide three (3) new SCADA servers (A,B,&C) running utilizing a virtual computer instance compatible with the City's VMWare vSphere 5.0 Enterprise Plus server system. The City shall make available one or more servers at the WWTP for which the CONTRACTOR shall utilize for the SCADA servers. The Contractor shall install all needed SCADA software and configurations on to the virtual hosts. The City's server shall not be integrated into the City-wide server system until after the CONTRACTOR has completed testing and implementation phases. After the CONTRACTOR has completed testing and received permission to proceed from the City, the City shall integrate the physical hardware and CONTRACTOR provided virtual machinces to the City-wide vSphere server system. In other words, the virtual hosts configured by the Contractor may be located on any machine within the City-wide vSphere server system. Provide four (4) virtualized visualization node workstation computers to be installed on the City-wide virtual VMWare vSphere 5.0 Enterprise Plus server system in a similar sequence as described above. The City will provide the hardware and software licenses for the thin -client viewer. The CONTRACTOR shall provide the configurations of the virtual machine and the SCADA system software. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-8 Provide one (1) virtual computer at the Corp Yard (located at 1703 S. B Street, Port Angeles WA) with alarm dialer software. The alarm dialing software shall be configured to notify the City as to critical alarms. The City shall provide an Ethernet connection to the City-wide server system and a telephone connection for the dial out service. 9. PLC Hardware Requirements Provide PLC systems with sufficient Input/Output (I/O) capaCity such that only one PLC is required per panel. It is acceptable to reuse Siemens Step? PLCs installed within the last 3 years. It is not acceptable to reuse existing Texas Instruments PLCs. PLC systems shall be one of the following: Manufacturer PLC Programming Platform PLC Series Siemens Step? Simatic 57-300 (It is accepted that some instrument tie-ins may require other PLC implementations. When required, provide a table, or series of registers, to communicate into Siemens Simatic Step7. It is permissable to use protocol gateways, bridges, or similar means to transfer SCADA values.) Provide modular I/O, remote UO adapters and scanner modules to implement communications similar to the existing PLCs. PLC hardware must be able to communicate with the PLCs provided under the CSO Phase 1 construction Contract (by Others). PLCs may use dedicated protocol gateways or protocol bridges provided the PLCs are able to distinguish when communication links between the CSO PLCs and Plant PLCs are broken. 10. Operator Interface Hardware Requirements Provide color touchscreen operator interface (OI) of at least 12" diagonal size with a resolution of at least 1024x768 pixels. The OI shall be designed for industrial environments. Where existing OIs are currently installed, utilize similar graphics on the new OI for similar functions of the existing OI. Where there are no existing OIs, provide graphics similar to the existing OIs at other locations or the existing HMI system. Provide OI programming and configuration software to permit the City to modify the OIs in the future. The OI programming and configuration software must be irrevocably licensed and registered to the City of Port Angeles. Operator interfaces shall be from Siemens. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-9 11. PLC Programming Software Suite Requirements The Contractor shall provide Siemens S7 PLC programming software, Step7, to the City. Provide at least 1 year of software updates, technical support, and upgrades for PLC programming and configuration software. The PLC programming software suite must be irrevocably licensed and registered to the City of Port Angeles. 12. SCADA Tag Name Requirements The programming and configuration of the software visualization system shall utilize tag names that are consistent or match the tag names used for the PLC programs, Operator Interfaces, and protocol converters. Use a combination of the unique tag ID and a short description for the tag value as provided in ISA 5.1 and 5.4. For example, LIT5001_IDS _ Wet _ Well _ Level _Primary could be used to hold the reading of instrument "LIT5001" which happens to be the level 13. Network Communications Systems will be connected through ethernet, wireless networks and fiber optic networks. All proposed protocols, recommendations and connection types need approval of City's IT staff prior to planned connections to insure security and connectivity is available between data points. The CONTRACTOR shall include all needed upgrades, expansions, improvements, or new infrastructure in order to make a fully operational and cost-effective SCADA system. The Contractor shall provide control panel switches with at least two active, useful uplinks to the fiber aggregator network switches per control panel. The Contractor shall provide at least two active, useful uplinks from the fiber aggregator switch to the City's network switch. Provide fiber optic connections between buildings. Provide one (1) switch for each structure at the existing WWTP. Provide a fiber optic aggregation switch at a central location at the WWTP. Note that fiber strands currently existing are inadequate for the new system. The Contractor shall provide additional fiber for the SCADA PLC network requirements between buildings. Where connecting to City owned Ethernet network, provide Cisco System Switches with at least two uplink ports for the uplink to the City network. The City will have at least one City network switch at the Waste Water Treatment Plant and at least one switch at the CSO site. Communications between the CSO site and the Waste Water Treatment Plant may utilize the City's existing Ethernet network. Switches located at the WWTP shall be Catalyst 2960C (fanless) series switches except where noted. Provide Cisco Systems small form pluggable (SFP) modules Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-10 of at least 1 gigabit per second (which may require single mode fiber modules for certain links). Each switch shall have redundant fiber uplinks. Provide two (2) SFP modules per fiber optic link. For the fiber optic aggregation switch, provide stackable switch with multiple SFP ports. Configure connections such that a single switch failure will limit communications loss to that single failed switch. Provide the interconnections such that the loss of a single switch will not cause building to building communications to fail. At least two (2) switches will comprise the fiber aggregation switch. Provide Cisco Catalyst 29605 or 3750X series stackable switches. Provide at least 5 years of Cisco SMARTnet 8x5 Next Business Day response coverage for all hardware in addition to limited lifetime hardware warranties. For Phase C & D work (which may be added to the Contract in the future), new communications pathways may be needed. At remote site where City Ethernet is not available, provide wireless connection using spread spectrum Ethernet radios utilizing unlicensed frequencies (900 MHz, 2.4 GHz, or 5.2 GHz) or the City - operated wireless network (4.9 GHz). Work in Phase A and Phase B will not require wireless connections. 14. Alarm notifications software shall be the latest version of Win -911. B. Existing Facilities and Equipment The CONTRACTOR may utilize existing equipment except for the items specifically noted as being replaced. 1. Existing Programmable Logic Controllers Existing controllers, like the Texas Instrument 505 and 555 programmable logic controllers (PLCs), have reached the end of their useful life cycle making continued use undependable and support infeasible. In addition, the SCADA system lacks many of the control points necessary to efficiently operate with modern environmental quality regulation. For example, much of the collection system, including most pump stations and Combined Sewer System (CSS) outfalls, are not fully integrated or not controlled at all by the WWTP. In addition, data acquisition is not sufficient, leaving significant data gaps or inefficiencies in reporting and management. 2. Existing Communications Systems For Phase C & D work (which may be added to the Contract in the future), the Contractor may need to provide additional network connectivity or new Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-11 connections. Phase A & B work does not require new connections within or augmentations within the City's Ethernet network. The City operates a metropolitan Ethernet network. The CONTRACTOR may implement upgrades to the City's existing communications and networking capability for SCADA upgrades provided the other such existing systems in the City would harmoniously coexist. Any additional traffic for supporting the SCADA network shall not consume more than 10% of the available data capaCity for any link. Implement a traffic prioritization scheme to promote timely delivery of alarm notifications to the City's SCADA servers. Coordinate with the City to integrate the new SCADA ethernet switches such that the hardware can be monitored and managed efficiently with existing City network management systems (for example, Cisco Works). Provide licenses for new SCADA Ethernet swtiches to utilize City's network monitoring systems as appropriate. The ability for the City to monitor the new SCADA switches is a part of Phase A work. 3. Existing Facilities The City has a preference that the new SCADA system to be installed under this Contract for the Wastewater Utility, to the maximum extent practical, be compatible for future integration of the existing City Water Treatment Facility SCADA system that was acquired in 2010. This system was constructed by the National Park Service as part of the Elwha River Restoration Act and has full SCADA capability. Operations and Maintenance O&M manuals and Instrumentation and Controls (Division 17) specifications are available for viewing at City Hall and online, and Water Treatment Facility site visits are available upon request. This system is comprised of 4 control panels, each with an Operator Interface and a Siemens 57-300 PLC. Integration consideration for the Water Treatment Facility should be such that it would be able to provide the City high levels of visibility and compatibility to manage all its SCADA data. Such design considerations should include the ability to isolate viewing and operating logons between Utilities. The Water Treatment Facility server is currently running x32 bit Windows 2003 server due to a limitation of the SCADA Software at the time of implementation. However, in the planning for integration, x64 bit at the Water Treatment Plant is acceptable for this planning consideration. The City'S Combined Sewer System (CSS) is under an Agreed Order with the Washington State Department of Ecology for reduction of Combined Sewer Overflows (CSO). The City is embarking on a $42 million project effort to bring the City's CSS into compliance. As part of the CSO reduction effort, there are two major construction Contracts, CSO Phase 1 and 2. CSO Phase 1 was awarded on August 7, 2012. The Division 17 specifications for this Contract are included as an appendix in this RFP and are incorporated by reference. The technical requirements of this Division 17 specification is provided as a reference document Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-12 for all phases of this RFP. CSO Phase 2 design will be completed and the design will be awarded for Construction in 2014 or 2015. 4. Existing SCADA Computer System The City's existing Wastewater Utility SCADA Computer System hardware will be replaced (by the City). It is not acceptable to reuse the existing hardware. 1.4 WORK BY OTHERS A. PLC and SCADA Programming Phase B work supports CSO Phase 1 (Project 06-01) and PLC and SCADA Programming Phase D supports CSO Phase 2 Project. The CSO Construction work has control and data acquisition hardware (equipment) to be installed under each of those separate CSO Contracts, but the programming and configuration of that hardware is part of this Contract. B. By separate Contract, the CSO Phase 1 Project shall provide equipment which includes industrial control panels, continuous and point measurement instruments, micro- processor based programmable logic controllers (PLCs), signal converters/barriers/repeaters, communication equipment (switches/modems/routers), 12/24/120 V power supplies/conditioners (uninterruptible /isolators/DC), electronic operator interface terminals (OITs) and ancillary equipment. 1. The CONTRACTOR shall be required to provide the configuration and applications programming for programmable logic controllers (PLCs), panel mounted operator interface terminals (OITs), desktop workstations (WS) and the SCADA system, and any other installation of SCADA related equipment that fully completes the SCADA implementation to support that project. 2. The CONTRACTOR is also required to cooperate and participate with the CSO Phase 1 Project Contractor for the testing of the SCADA implementation associated with the CSO Phase 1 Contract. 3. There is designated control and data acquisition equipment in the CSO Phase 1 contact that shall be shipped to the CONTRACTOR (application programmer) after the factory test is completed. The Contractor is required to coordinate with the CSO Phase 1 Contractor for the shipment address and the return address that shall be used to return the control and data acquisition equipment to the the CSO Phase 1 Contractor. The City intends to have this directly shipped from and to the CSO Phase 1 Contractor and the CONTRACTOR. The CSO Phase 1 Contractor is responsible for all shipment and insurance costs (both directions- to and from). Refer to Section 17000, paragraph 3.07 of the CSO Phase 1 Contract documents for coordination requirements of control and data acquisition equipment that shall be shipped for application programming. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-13 4. In addtion, Testing and Commissioning of the CSO Phase 1 Contract work will be done by the CSO Phase 1 Contractor. However, for testing and commissioning efforts that involve systems that interface with the SCADA system, the CONTRACTOR shall be involved as described in paragraph 1.3.A.2 of this specification. 5. The contract documents for the CSO Phase 1 Contract are provided to show the SCADA related work the CSO Phase 1 Contractor is required to perform as part of that contract. To the purpose stated above, these documents are incorporated by reference and available through the City's FTP site. Any SCADA submittal provided to the City from the CSO Phase 1 Contractor is also available to the Contractor upon request directed to the Project Manager. 6. In addition to the to SCADA implementation for Phase B, the CSO Phase 1 Contractor will be doing other WWTP in -plant construction improvements. As specified in Section 00710, paragraph 2.3.13, the Contractor shall cooperate with and not interfere with the CSO Phase 1 construction activities. 1.5 CONTRACT A. The Work will be performed by the CONTRACTOR for Phases A and B as separate lump sums. The initial year of support work will be provided under a service rate, time and materials payment schedule. B. The work for subsequent phases if awarded or additional work will be added through a negotiated contract addendum. C. Service rates will be escalated on the annual anniversery of the award of the contract using the prior 12 months of the Consumer Price Index CPI -W Seattle -Tacoma - Bremerton Washingtion. 1.6 LOCATION OF THE PROJECT A. The Work is located within the City of Port Angeles and at the Elwha Water Treatment Facilites. The primary location is at the Port Angeles Wastewater Treatment Plant located at 1500 E. Columbia Street, Port Angeles, WA 98362. There are other various pumpstations and infrastructure in various locations of the City. 1.7 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 construction of the Work. Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-14 107 0 CONTRACTOR shall coordinate with appropriate permit authorities to arrange for progress inspections of the Work as required. The CONTRACTOR may contact the City of Port Angeles Department of Community and Economic Development, 321 E. 51h Street, Port Angeles, WA 98362, 360-417-4804, for information regarding permits. Copies of all permits shall be provided to City and City' Representative upon receipt. No work shall be started until all permits are in order unless specifically approved otherwise in writing by either City or the permitting agency. PART 2 •:: PRODUCTS (Not Used) EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Summary of Work Upgrade and Expansion of Wastewater Utility SCADA System 01010-15 SECTION 0 10 11 CONTRACT TIME PART1 GENERAL 1.1 COMPLETION SCHEDULE A. Substantial Completion: 1. The WORK shall be substantially completed for Phase A by March 31, 2014 2. Liquidated Damages for each day after the substantial completion date for Phase A shall be assessed against the Contractor at $250.00 per day B. Milestone #1: Phase B - PLC and Equipment Programming 1. All programming of equipment in referenced contract specification 17000, paragraph 3.07 of the CSO Phase 1 contract shall be completed within 45 calendar days from equipment receipt. Work completed also means that the public has been made available for return shipment to the CSO Phase 1 contractor. 2. Liquidated Damages for the each day after 45 calendar days from the date of receipt of the equipment will be assessed against the Contractor at $1,000.00 per day. C. Final Completion and Acceptance: 1. The WORK shall be completed and ready for final payment for Phase A & B by May 31, 2014. 2. Liquidated Damages for each day after the final completion date listed above is assessed against the Contractor at $250.00 per day D. Substantial and final completion for Phase C and D shall be as stated by amendment. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Contract Time Upgrade and Expansion of Wastewater Utility SCADA System 01011-1 SECTION 01013 SPECIAL CONSTRUCTION CONTROLS PART1 GENERAL 1.1 WORK FORCE AND EQUIPMENT The CONTRACTOR shall furnish plant and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of Work and rate of progress which will ensure the completion of the Work or portions of the Work within the times stipulated in Section 01011, Contract Time. If at any time such plant appears to the Project Manager to be inefficient, inappropriate or insufficient for securing the quality of Work required or for producing the rate of progress aforesaid, he may order the CONTRACTOR to increase the efficiency, change the character or increase the plant equipment, and the CONTRACTOR shall conform to such order. Failure of the Project Manager to give such orders shall in no way relieve the CONTRACTOR of his obligations to secure the quality of the Work and rate of progress required. 1.2 CITY USE OF THE FACILITIES CITY intends to operate the wastewater treatment plant during the execution of this project. The CONTRACTOR shall schedule, coordinate, and execute the Work to minimize the impact on the operation of the wastewater treatment facilities. 1.3 CONTRACTOR'S USE OF SITE AND PREMISES A. The CONTRACTOR shall be responsible for all areas of the Site which he and his subcontractors utilize in performing the Work. CONTRACTOR shall exert full control over the actions of all employees and other persons in the use and preservation of property and existing facilities except for controls specifically reserved for CITY. The CONTRACTOR shall require all persons on the Project Site to observe the same regulations as required of his employees and representatives. The CITY' employees, Consultants, the Project Manager and the Project Manager's employees shall not be subject to the provisions of this paragraph. B. CONTRACTOR shall immediately move any stored items which interfere with operations of CITY or other CONTRACTORs as directed by CITY. C. Time Restrictions for Performing General Work: CONTRACTOR shall perform work on-site during the regular working hours of 7:00 am to 3:30 pm, Monday through Friday, excluding Saturdays, Sundays, and holidays recognized by CITY. The CONTRACTOR may request to work outside of these hours which approval is at the sole discretion of the CITY. Project WW02-2010 Special Construction Controls Upgrade and Expansion of Wastewater Utility SCADA System 01013-1 D. The Wastewater Treatment Plant is located on a secure site. CONTRACTOR shall provide all required information to the CITY to gain access to the site as required to complete the Work. All requested information for the CONTRACTOR and any subcontractors shall be coordianted by the CONTRACTOR. 1.4 CARE AND PROTECTION OF PROPERTY The CONTRACTOR shall be responsible for the preservation of all public and private property, and shall use every precaution to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work on the part of the CONTRACTOR, such property shall be restored by the CONTRACTOR, at his expense, to a condition similar or equal to that existing before the damage was done, or he shall make good the damage in other manner acceptable to CITY. 1.5 PROTECTION AND RELOCATION OF EXISTING STRUCTURES AND CITY The CONTRACTOR shall assume full responsibility for the protection of all buildings, structures, and utilities, public or private, including poles, signs, services to buildings, utilities in the street, gas pipes, water pipes, whether or not they are shown on the Drawings. The CONTRACTOR shall carefully support and protect all such structures and utilities from injury of any kind. Any damage resulting from the CONTRACTOR's operations shall be repaired by him at his expense. 1.6 COOPERATION WITHIN THIS CONTRACT All firms or persons authorized to perform any work under this Contract shall cooperate with the CONTRACTOR and his subcontractors or trades, and shall assist in incorporating the work of other trades. 1.7 SAFETY CITY holds the highest regard for an Incident and Injury Free (IIF) workplace. The CONTRACTOR shall make special effort to comply with all safety regulations, laws, and CITY' workplace safety requirements and assure that all workers are properly trained in safety practices. The CONTRACTOR shall allow representatives of CITY to attend onsite safety meetings on a monthly basis. 1.8 MAINTAINING EXISTING FACILITY OPERATIONS The CONTRACTOR shall not interfere with maintaining existing facility operations except as specifically scheduled with CITY operations staff and the Project Manager. PART 2 & 3 PRODUCTS (Not Used); EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Special Construction Controls Upgrade and Expansion of Wastewater Utility SCADA System 01013-2 SECTION 01014 WORK SEQUENCE PARTI GENERAL 1.1 CONTINUITY OF FACILITY OPERATIONS A. General: The existing water treatment facilities and Wastewater Treatment Plant are currently and continuously in operation. The functionality and capacity of these facilities shall not be interrupted or diminished except as specified herein. The CONTRACTOR shall conduct the Work in a manner that will not impair or interfere with normal operation of facility equipment and processes. B. Operations and Maintenance Access: CONTRACTOR shall provide safe, continuous access to process, mechanical, electrical, and control equipment for Owner's personnel. C. Removal and Demolition of Existing Facilities: Existing facilities required to keep the WWTP operational shall not be removed or demolished until the existing facilities are replaced by temporary, new, or upgraded facilities or equipment. 1.2 INTERRUPTION OF FACILITY OPERATIONS A. General: The Work requires that essential unit process elements of the treatment plant be removed from service for modifications, startup, and testing. Removal of essential process elements results in the alteration of plant services and process performance and flexibility features. These impacts are anticipated to be tolerable when the stipulated sequences and constraints are used as a guideline for completion of the Work. All sequences and constraints necessary to maintain the treatment plant operational shall be properly incorporated into the CONTRACTOR's work plans and schedules. B. Stipulated sequences and constraints will extend the CONTRACTOR's construction schedule and add complexity to the Work. C. Required Plant Shutdowns: Should any shutdowns of the plant be required by the CONTRACTOR to fully carry out the requirements of Phase A and/or Phase B, they shall be clearly identified in the CONTRACTOR's technical proposal. D. For any identified shutdown included in the Contract, or proposed by the CONTRACTOR, the CONTRACTOR shall submit notification of intent to commence the shutdown at least 45 days prior to the planned date of shutdown. E. Submittals: In accordance with Section 01300, the CONTRACTOR shall submit a detailed plan and time schedule for operations that will be conducted during the plant shutdown. The schedule shall be coordinated with the construction schedule specified in Project WW02-2010 Work Sequence Upgrade and Expansion of Wastewater Utility SCADA System 01014-1 the Section 0 13 10 and shall meet the restrictions and conditions specified in this Section. The detailed plan shall describe the CONTRACTOR's method for preventing interruption of the facilities, and the length of time required to complete said operation. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Work Sequence Upgrade and Expansion of Wastewater Utility SCADA System 01014-2 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. 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. The Bid Form is divided into bid items whose definitions follow. Bid Item Nos. 1 through 4 represent the entire scope of work covered by the Contract Documents. B. BID ITEMS 1 and 2: PHASE A and B The lump sum price for "Phase A and Phase B" of the Upgrade and Expansion of Wastewater Utility SCADA System project 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 for Phases A and B. Measurement and method of payment for Phase A and Phase B shall be based on the Schedule of Values percentage of completion method for each schedule of value item comprising the Lump Sum. The Contractor must provide a detailed Schedule of Values of all work items for each lump sum bid item as required by the General Conditions. The Contractor will calculate the Project WW02-2010 01025asurement and Payment Upgrade and Expansion of Wastewater Utility SCADA System 01025-1 percent complete for the Lump Sum item by the end of each month. The Project Manager will validate the percent complete for payment. C. BID ITEM 3: FIRST SERVICE YEAR MAINTENANCE Bid Item 3 provides an allowance for the Owner for payments to the Contractor for service maintenance during the first service year following acceptance of Phase A. 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. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. D. BID ITEM 4: MINOR CHANGES Bid Item 4 provides an allowance for the Owner for payments to the Contractor for minor changes as may be required and shall be made in accordance with Article 5, Paragraph 5.8, Minor Changes. Reimbursable cost will be by equitable adjustment using the Firm Fixed Price Method or the Time and Material Method under paragraph 00710-6.2, Method to Calculate Adjustments to Contract Price, as decided by the Construction Manager. The allowance represents the estimated value used for bidding purposes only and is not a guarantee that amount will be reimbursed. Reimbursement is based on actual quantities authorized by the City and incurred by the Contractor. E. ADDITIVE BID ITEM Al: P&ID Drawings Update Additive Bid Item Al is a lump sum price to update the CITY's Process and Instrumentation Diagram (P&ID) drawings. Existing drawings will be updated and new drawings will be created based upon record documents, field investigations, staff interviews, and other collected information. PART 2 MATERIALS NOT USED. PART 3 EXECUTION NOT USED. **END OF SECTION** Project WW02-2010 01025asurement and Payment Upgrade and Expansion of Wastewater Utility SCADA System 01025-2 SECTION 01060 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 00710-2.23E 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 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 Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-1 Reference ( Title Chapter 173-303 WAC RCW 70.105D Chapter 173-340 WAC SARA Title III PSAPCA Regulation 3, Article 4 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. REFERENCED DOCUMENTS: Detailed information regarding the known extent of soil and groundwater contamination is presented in the Interim Action Report Volume I: Upland Data Summary Report for the Study Area, , Port Angeles Rayonier Mill Site, Port Angeles, Washington prepared by GeoEngineers, Inc. for Rayonier, November 15, 2011. The report is available for review at the City's offices and on-line through Builders Exchange of Washington, Inc. at http://wwbxwa.com Click on "Posted Projects", "Public Works", "City of Port Angeles". This report is provided as supplemental information to the Contract Documents. The 2011 Upland Data Summary Report is not intended as the City's representation of environmental conditions, except for those conditions at the specific times and locations of investigations. This report includes information on the following; • Physical setting and property history; • Summary of previous upland investigations and interim actions; • Environmental setting; • Conceptual site model for the upland study area; • Fate and transport of constituents of potential concern; • Tabulated sampling and analytical testing results for soil, groundwater, and surface water; • Tabulated monitoring well construction data and groundwater elevation data; • Tabulated estimated hydraulic conductivity for selected monitoring wells; • Maps showing current and historical site features, environmental sampling locations, and groundwater elevation contours during four seasons in 2010 and 2011; • Geologic cross-sections; • Boring and well logs; and • Other information pertaining to the environmental investigations to date in the Upland Study Area of the Port Angeles Rayonier Mill Site. Work related to the CSO Phase 1 contract on property owned or formerly owned by Rayonier will involve special requirements due to the confirmed and potential presence of soil and groundwater contamination. These special requirements include: Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-2 • Health and safety; • Site controls; 1.03 DEFINITIONS 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: l . 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 MICA. 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-3 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. 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-4 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 00710-2.03 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. 1. 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. 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-5 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/bloodbome pathogen 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 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-6 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 6. Personnel Qualification: Contractor personnel may have a need to go onto the Rayonier Mill site. Such need would seldom occur. However, the City discloses that personnel entering the former Rayonier Mill site during CSO Phase 1 construction activities shall coordinate with the CSO Phase 1 construction contractors safety official and may, depending on site activities, be required to be accompanied by persons that have participated, at a minimum, 40 hours of hazardous waste operations training. Personnel who must wear level A or B PPE must have 80 hours of hazardous waste operations training. All other people admitted to site who are unlikely to be exposed to over the permissible exposure levels and published exposure limits must have, at a minimum, 24 hours of hazardous waste operations Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-7 training. Proof of training is required prior to doing clean-up work on this project. 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 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-8 PART 2 PRODUCTS 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. 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. Project WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-9 3.02 ACCIDENT PREVENTION PROGRAM REVISIONS In the event that the City, regulatory agencies or jurisdictions detennine the Accident Prevention Program or associated documents, organizational structure, or Comprehensive Work Plan to be inadequate to protect employees and the public: 1. 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 WW02-2010 Safety And Health Upgrade and Expansion of Wastewater Utility SCADA System 01060-10 SECTION 01200 PROJECT MEETINGS PART1 GENERAL 1.1 GENERAL A. Meetings: Meetings shall include the following. 1. Preconstruction meeting. 2. Submittal review meeting. 3. Project progress meetings. 4. Control system programming meetings. B. Attendance: Meetings shall be attended by the Project Manager, the WWTP Superintendent, and the CONTRACTOR with appropriate staff, subcontractors, or suppliers. Representatives of entities participating in meetings shall be qualified and authorized to act on behalf of the entity each represents. The CITY's Information Technology (IT) representative will also participate when warranted by the agenda. C. Location: Meetings will be held at the City of Port Angeles Wastewater Treatment Plant, 1500 E. Columbia Street, Port Angeles, WA 98362. 1.2 PRECONSTRUCTION MEETING General: Prior to start of installation or construction, a conference will be called for the purpose of reviewing the construction program with the CONTRACTOR. At this conference, detailed program requirements, administrative concerns, sequence of work, methods of access to construction site and temporary facilities shall be reviewed and agreed upon between the Project Manager, WWTP Superintendent, and CONTRACTOR. All interested agencies and utility companies will be invited to discuss their interests and requirements relating to the projects. CONTRACTOR and all subcontractor representatives shall attend unless specifically agreed to by the CITY. 1.3 SUBMITTAL REVIEW MEETINGS A. General: The Project Manager or his designated representative shall conduct a submittal review meeting. B. Schedule: Submittal review meeting shall be conducted within fourteen (14) days of completion of the Project Manager's review of all of the specified submittals. Project WW02-2010 Project Meetings Upgrade and Expansion of Wastewater Utility SCADA System 01200-1 C. Agenda: Submittal review meeting will include a review of the major project compliance and shop drawing submittals in accordance with Specification 01300. Submittal review comments will be discussed and the appropriate course of action determined in an effort to conclude the submittal process. D. Documentation: Project Manager shall keep minutes of the proceedings. The minutes shall be typed and distributed by electronic mail to all attendees within five (5) working days of the meeting. 1.4 PROJECT PROGRESS MEETINGS A. General: The Project Manager or his designated representative shall conduct the project progress meetings. B. Schedule: Project progress meetings shall be conducted as necessary, but not more frequent than once per month. C. Agenda: Project progress meetings will include reports on the project progress, work schedule and sequencing requirements, CONTRACTOR's two week look ahead schedule, coordination of trades, coordination with other Contracts and public utilities, the status of submittal reviews, the status of information requests, and any general business. D. Documentation: Project Manager shall keep minutes of the proceedings. The minutes shall be typed and distributed by electronic mail to all attendees within five (5) working days of each meeting. 1.5 CONTROL SYSTEM PROGRAMMING MEETINGS A. General: The Project Manager or his designated representative shall conduct the control system programming meetings. B. Schedule: 1. Meeting 1: Meeting 1 shall be held within thirty (30) days of Notice to Proceed. 2. Meeting 2: Meeting 2 shall be held within fourteen (14) days of completion of the Project Manager's review of the Process Control System Control Strategy and Programming Conventions submittal. C. Agenda: The CONTRACTOR shall prepare a detailed meeting agenda for each of the following meetings and submit it to the Project Manager with a notice of proposed date for each meeting. Meeting 1: The purpose of this meeting shall be to facilitate the preparation of the process control strategies and further define programming conventions and Project WW02-2010 Project Meetings Upgrade and Expansion of Wastewater Utility SCADA System 01200-2 guidelines applicable to the Work of this project. The Contactor shall be prepared to discuss preliminary control strategies based on the requirements of this project and his understanding of wastewater treatment processes. The CITY'S WWTP Superintendent will further define control requirements specific to this facility. 2. Meeting 2: The purpose of this meeting shall be to discuss the Process Control System Control Strategy and Programming Conventions submittal review comments and resolve any related issues to permit preparation of the final control strategies. D. Documentation: Project Manager shall keep minutes of the proceedings. The minutes shall be typed and distributed by electronic mail to all attendees within five (5) working days of each meeting. 1.6 OTHER MEETINGS A. Additional meetings called by Project Manager as warranted by unforeseen developments during construction. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * END OF SECTION * * Project WW02-2010 Project Meetings Upgrade and Expansion of Wastewater Utility SCADA System 01200-3 SECTION 01300 SUBMITTALS PARTI GENERAL 1.1 GENERAL A. Submittals covered by these requirements include schedules, work plans, manufacturers' information, shop drawings, test procedures, test results, samples, requests for substitutions, and miscellaneous work related submittals. Submittals shall also include, but not be limited to, all mechanical, electrical and electronic equipment and systems, materials, reinforcing steel, fabricated items, and piping and conduit details. The CONTRACTOR shall furnish all drawings, specifications, descriptive data, certificates, samples, tests, methods, schedules, and manufacturer's installation and other instructions as specifically required in the Contract Documents to demonstrate fully that the materials and equipment to be furnished and the methods of work comply with the provisions and intent of the Contract Documents. 1.2 CONTRACTOR'S RESPONSIBILITIES A. Accuracy and Completeness: The CONTRACTOR shall be responsible for the accuracy and completeness of the information contained in each submittal and shall assure that the material, equipment or method of work shall be as described in the submittal. The CONTRACTOR shall verify that all features of all products conform to the specified requirements. Submittal documents shall be clearly edited to indicate only those items, models, or series of equipment, which are being submitted for review. All extraneous materials shall be crossed out or otherwise obliterated. The CONTRACTOR shall ensure that there is no conflict with other submittals and notify the Project Manager in each case where his submittal may affect the work of another CONTRACTOR or the CITY. The CONTRACTOR shall coordinate submittals among his subcontractors and suppliers. B. Coordination with the Work: The CONTRACTOR shall coordinate submittals with the Work so that Work will not be delayed. He shall coordinate and schedule different categories of submittals, so that one will not be delayed for lack of coordination with another. No extension of time will be allowed because of failure to properly schedule submittals. The CONTRACTOR shall not proceed with work related to a submittal until the submittal process is complete. This requires that submittals for review and comment shall be returned to the CONTRACTOR stamped "No Exceptions Taken" or "Make Corrections Noted." C. Review Certification: The CONTRACTOR shall certify on each submittal document that he has reviewed the submittal, verified field conditions, and complied with the Contract Documents. Project WW02-2010 Submittals Upgrade and Expansion of Wastewater Utility SCADA System 01300-1 1.3 TRANSMITTAL PROCEDURE A. General: Unless otherwise specified, all submittals including material and equipment compliance submittals, operation and maintenance manuals, and any related information and data shall be accompanied by the CITY's form 01300-A, Submittal Transmittal Form, included with this contract. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. B. Submittal Designation: A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "SSSSS-XXX"; where "SSSSS" is the five digit specification number associated with the submittal and "XXX" is the sequential number assigned by the CONTRACTOR. Resubmittals shall have the following format: "SSSSS-XXX-Y"; where "SSSSS-XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 513, for example, is the second resubmittal of submittal 5. C. Deviation from Contract: If the CONTRACTOR proposes to provide material, equipment, or method of work which deviates from the project manual, he shall indicate so under "deviations" on the transmittal form accompanying the submittal copies. Explanation or justification for the deviation shall be provided. D. Submittal Completeness: Submittals which do not have all the information required, including deviations, are not acceptable and will be returned without review. E. Submittal Quantity: Four (4) copies of all submitted information shall be transmitted for review and comment. F. Submittals shall be transmitted to the Project Manager. 1.4 REVIEW PROCEDURE A. General: Submittals are specified for those features and characteristics of materials, equipment, and methods of operation which can be selected based on the CONTRACTOR's judgment of their conformance to the specified requirements in the contract and technical proposal. Other features and characteristics are specified in a manner which enables the CONTRACTOR to determine acceptable options without submittals. The review procedure is based on the CONTRACTOR's guarantee that all features and characteristics not requiring submittals conform as specified. Review shall not extend to means, methods, techniques, sequences or procedures of construction, or to verifying quantities, dimensions, weights or gages, or fabrication processes (except where Project WW02-2010 Submittals Upgrade and Expansion of Wastewater Utility SCADA System 01300-2 specifically indicated or required by the project manual) or to safety precautions or programs incident thereto. Review of a separate item, as such, will not indicate approval of the assembly in which the item functions. B. Submittal Review: Unless otherwise specified, within fourteen (14) calendar days after receipt of a submittal, the Project Manager shall review the submittal and return one (1) copy. The returned submittal shall indicate one of the following actions: 1. If the review indicates that the material, equipment or work method complies with the Contract Documents, submittal copies will be marked "NO EXCEPTIONS TAKEN." In this event, the CONTRACTOR may begin to implement the work method or incorporate the material or equipment covered by the submittal. 2. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED." The CONTRACTOR may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in operations and maintenance data, a corrected copy shall be provided. 3. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT." Except at his own risk, the CONTRACTOR shall not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." 4. If the review indicates that the material, equipment, or work method does not comply with the Contract Documents, copies of the submittal will be marked "REJECTED, DEVELOP REPLACEMENT." Submittals with deviations which have not been clearly identified may be rejected. Except at his own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." 5. If the review indicates that the submittal is incomplete, the submittal will returned without a detailed reviewed and copies of the submittal will be marked "INCOMPLETE, NOT REVIEWED." Incomplete submittals may be rejected. Except at his own risk, the CONTRACTOR shall not undertake the work covered by such submittals until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." C. Submittal Review Meetings: Submittal review meetings shall be conducted to discuss Project Manager's submittal review comments and to determine the appropriate course of action in response to the Project Manager's review. The submittal review meetings are intended to expedite the submittal process. The scheduling of these meetings shall be at the Project Manager's discretion. The review meeting for a particular submittal may be Project WW02-2010 Submittals Upgrade and Expansion of Wastewater Utility SCADA System 01300-3 determined to be unnecessary if there are no review comments or the review comments are minimal. The submittal review meetings shall be in accordance with Specification 01200. 1.5 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS A. Review of contract drawings, methods of work, or information regarding materials or equipment the CONTRACTOR proposes to provide, shall not relieve the CONTRACTOR of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Project Manager or the CITY, or by any officer or employee thereof, and the CONTRACTOR shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the CITY has no objection to the CONTRACTOR, upon his own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * END OF SECTION * * Project WW02-2010 Submittals Upgrade and Expansion of Wastewater Utility SCADA System 01300-4 01300-A SUBMITTAL TRANSMITTAL FORM SUBMITTAL TRANSMITTAL Submittal Description: Submittal No: Spec Section: Owner: City of Port Angeles Routing Date Sent Date Received Contractor =z> Project Manager Review Reviewer Project WW02-2010 Project: Upgrade and Expansion of Wastewater Utility SCADA System Project z::> Contractor Manager Copies Date Contractor: Description Action[ Initials Comments We are sending you: ❑ Attached The following items: ❑ Submittals for review and comment ❑ Product data for information only ❑ Other Remarks: ❑ Under a separate cover via: Note 1: NET = No exceptions taken; MCN = Make corrections noted; AR = Amend and resubmit; R = Rejected; I = Incomplete Contractor Certify either A or B: ❑ A -- We have verified that the material or equipment referenced in this submittal meets all of the requirements, including coordination with all related work specified (no exceptions). ❑ B -- We have verified that the material or equipment referenced in this submittal meets all of the requirements specified except for the following deviations. No. Deviation Certified By: Contractor's Signature Section Review Reviewer Review Item Copies Date No Description Action[ Initials Comments Attached 1 2 3 4 5 Note 1: NET = No exceptions taken; MCN = Make corrections noted; AR = Amend and resubmit; R = Rejected; I = Incomplete Contractor Certify either A or B: ❑ A -- We have verified that the material or equipment referenced in this submittal meets all of the requirements, including coordination with all related work specified (no exceptions). ❑ B -- We have verified that the material or equipment referenced in this submittal meets all of the requirements specified except for the following deviations. No. Deviation Certified By: Contractor's Signature SECTION 0 13 10 INSTALLATION SCHEDULES PARTI GENERAL 1.1 SCOPE This Section specifies reports and schedules for planning and monitoring the progress of the Work. 1.2 INSTALLATION / CONSTRUCTION SCHEDULE The CONTRACTOR shall provide a graphic installation schedule indicating the various subdivisions of the Work and the dates of commencing and finishing each. The schedule shall show the time allowed for testing and for other procedures which must be completed prior to the Work being put into operation. The schedule will take into account the time of completion and the specific dates given in Section 01011 and the work sequence described in Section 01014. 1.3 SCHEDULE OF VALUES A. The CONTRACTOR shall provide a schedule of values consisting of a listing of all cost loaded installation activities from the installation schedule showing that the sum total of the cost loaded activities equals the value of the Contract. B. The CONTRACTOR shall assign prices to major items of Work that aggregate the Contract Price. Base prices on costs associated with scheduled activities based on the project Installation/Construction Schedule for each major item of Work. C. The CONTRACTOR shall identify site mobilization, bonds and insurance, and demobilization separately. D. The CONTRACTOR shall include within each item, direct proportional amount of CONTRACTOR's overhead and profit. E. At a minimum, the CONTRACTOR shall divide the Work into the following major items of Work: 1. Mobilization 2. For each phase (segregated by each major treatment process/facility) a. Actuator modifications. b. Process transmitters and analyzers. Project WW02-2010 Installation Schedule Upgrade and Expansion of Wastewater Utility SCADA System 01310-1 C. Process control system hardware. d. Process control system programming. e. Metering. f. Electrical. 3. For each phase, O&M Manual. 1.4 SUBMITTAL PROCEDURES A. Within ten (10) days after the date of the Notice to Proceed, the CONTRACTOR shall submit in accordance with Section 01300, an installation schedule and schedule of values conforming to the provisions of this specification. The submittal shall consist of a reproducible original and two copies. B. Within five (5) calendar days after receipt of the submittal, the Project Manager shall review the submitted schedules and return one copy of the marked up original to the CONTRACTOR. If the Project Manager finds that the submitted schedule does not comply with specified requirements, the corrective revisions will be noted on the submittal copy returned to the CONTRACTOR. C. Contractor's submittal of installation schedule and schedule of values and acceptance by the Project Manager is a condition precedent to the issuance of any payment under this Contract. 1.5 SCHEDULE REVISIONS A. Revisions to the accepted construction schedule may be made only with the written approval of the CONTRACTOR and CITY. A change affecting the contract value of any activity, the completion time, and specific dates (Section 01011) and sequencing (Section 01014) may be made only in accordance with applicable provisions of the General Conditions. B. Whenever the schedule is changed or revised to include added or deleted work, the Schedule of Values shall also be revised such that the sum total of all cost loaded activities continuously equals the current Contract value. 1.6 PROJECT STATUS UPDATE Project status review and update shall be submitted by Contractor to the Project Manager each month at the regularly schedule project progress meeting. The installation schedule and schedule of values shall be updated and submitted to the Project Manager at each regularly scheduled project progress meeting. PART 2 & 3 PRODUCTS (Not Used); EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Installation Schedule Upgrade and Expansion of Wastewater Utility SCADA System 01310-2 SECTION 01500 CONTRACTOR'S UTILITIES AND TEMPORARY FACILITIES PARTI GENERAL 1.1 POWER A. 120 volt, 15 ampere AC utilization power shall be available within the facilities for the CONTRACTOR's use. Power at voltages other than 120 volt AC or with a current draw greater than 15 amperes shall be provided by the CONTRACTOR. The CONTRACTOR shall make arrangements with the CITY's Electrical Utility for power takeoff points from existing on-site services, voltage and phasing requirements, transformers and metering and shall pay the costs and fees arising there from. The CONTRACTOR shall provide meters and the special connections required for his work. The CONTRACTOR shall make arrangements with the CITY for direct billings to the CONTRACTOR at his business address. 1.2 TELEPHONE A. Telephone services are not available for the CONTRACTOR's use at any of the facilities. 1.3 SANITARY FACILITIES A. The CONTRACTOR shall be allowed to use existing toilet and washup facilities for his work force at the Wastewater Treatment Plant. For all other requirements the CONTRACTOR shall be required to provide facilities at their expense. They shall comply with applicable laws, ordinances, and regulations pertaining to the public health and sanitation of dwellings and camps. 1.4 WATER A. Potable water is available at the Project Site for cleanup and domestic use. 1.5 CONTRACTOR STAGING AND STORAGE A. The CITY shall provide an area for CONTRACTOR's staging and/or storage for products, materials, and equipment. The location and size of the staging area shall be coordinated with the CITY. The CONTRACTOR shall provide temporary security fencing around outdoor staging areas. PART 2 & 3 PRODUCTS (Not Used); EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Contractor's Utilities and Temporary Facilities Upgrade and Expansion of Wastewater Utility SCADA System 01500-1 SECTION 01710 CLEANUP PARTI GENERAL 1.1 CLEANUP DURING CONSTRUCTION Throughout the project, the CONTRACTOR shall maintain the site and the Work in a clean and orderly manner, as permitted by the installation/construction activity. Ongoing cleanup activities shall include the following: 1. The CONTRACTOR shall maintain the site, including parking areas, free from trash and debris. All trash and debris shall be deposited in trash receptacles to be provided by the CONTRACTOR. Any trash or debris on the site shall be immediately removed as directed by the Project Manager. 2. Building interiors shall be kept free of accumulations of mud, dust, and debris by the CONTRACTOR. Building interiors impacted by construction activity shall be periodically cleaned by the CONTRACTOR to prevent any accumulation. 3. Equipment shall, at all times, be protected by the CONTRACTOR from moisture, mud, dust, and debris as appropriate. Any exposure of equipment or other construction materials which may result in damage or could impair intended function, shall be immediately corrected by the CONTRACTOR as directed by the Project Manager. 1.2 FINAL CLEANUP At the completion of Work and immediately prior to final inspection, cleaning of the entire project shall be accomplished according to the following provisions: 1. The CONTRACTOR shall thoroughly clean, sweep, wash, and polish all work and equipment provided under the Contract, including finishes. The cleaning shall leave the structures and site in a complete and finished condition to the satisfaction of the Project Manager. 2. All subcontractors shall similarly perform, at the same time, an equivalent thorough cleaning of all work and equipment provided under their contracts. 3. The CONTRACTOR shall remove all temporary structures and all debris, including all rubbish and waste material. All existing equipment and materials identified for removal shall become the property of the CONTRACTOR unless otherwise specified and shall be properly disposed of. Project WW02-2010 Cleanup Upgrade and Expansion of Wastewater Utility SCADA System 01710-1 4. Should the CONTRACTOR not remove rubbish or debris or not clean the buildings and site as specified, the CITY reserves the right to have the cleaning done at the expense of the CONTRACTOR. 5. Only experienced workers, or professional cleaners, shall be employed for final cleaning. 6. Only cleaning materials recommended by the manufacturer of surface to be cleaned shall be used. 7. Cleaning materials shall be used only on surfaces recommended by the cleaning material manufacturers. 8. In preparation for substantial completion, a final inspection of sight -exposed interior and exterior surfaces, and of concealed spaces, shall be conducted. 9. Grease, dust, dirt, stains, labels, fingerprints, construction markings, and other foreign materials shall be removed from sight -exposed interior and exterior finished surfaces. Polish surfaces so designated to shine finish. 10. Marred surfaces shall be repaired, patched, and touched up to specified finish, to match adjacent surfaces. 11. Air filters shall be cleaned if units were operated during construction. 12. All interior spaces shall be vacuum cleaned, including inside cabinets. 1.3 SITE CLEANUP All plant gate identification signs, barricades, tools, rubbish collection receptacles and other such items shall be removed by the CONTRACTOR. 1.4 RUBBISH DISPOSAL The CONTRACTOR shall be responsible for proper disposal of all rubbish including equipment and materials acquired from demolition of existing work. All rubbish shall be removed at the end of each day by the CONTRACTOR or relocated to the CONTRACTOR's designated staging area. All rubbish shall be properly disposed by the CONTRACTOR. PART 2 & 3 PRODUCTS (Not Used); EXECUTION (Not Used) * * END OF SECTION * * Project WW02-2010 Cleanup Upgrade and Expansion of Wastewater Utility SCADA System 01710-2 SECTION 01730 OPERATION AND MAINTENANCE INFORMATION PARTI GENERAL 1.1 SCOPE Operation and maintenance (O&M) instructions shall be provided in accordance with this Section and as required in the technical sections of this project manual. O&M information shall be provided for each maintainable piece of equipment, equipment assembly or subassembly, and material provided or modified under this Contract. 1.2 TYPES OF INFORMATION REQUIRED A. General: O&M information shall include the information specified herein in addition to the requirements of the technical specifications. B. Contact Information: O&M information shall contain the names, addresses, and telephone numbers of the manufacturer, the nearest representative of the manufacturer, and the nearest supplier of the manufacturer's equipment and parts. In addition, one or more of the following items of information shall be provided as applicable. C. Operating Instructions: Specific instructions, procedures, and illustrations shall be provided for the following phases of operations: 1. Safety Precautions: List personnel hazards for equipment and list safety precautions for all operating conditions. 2. Operator Prestart: Provide requirements to set up and prepare each system for use. 3. Startup, Shutdown, and Post Shutdown Procedures: Provide a control sequence for each of these operations. 4. Normal Operations: Provide control diagrams with data to explain operation and control of systems and specific equipment. 5. Emergency Operations: Provide emergency procedures for equipment malfunctions to permit a short period of continued operation or to shut down the equipment to prevent further damage to systems and equipment. Include emergency shutdown instructions for fire, explosion, spills, or other foreseeable contingencies. Provide guidance on emergency operations of all utility systems including valve locations and portions of systems controlled. Project WW02-2010 Operation and Maintenance Information Upgrade and Expansion of Wastewater Utility SCADA System 01730-1 N E. 6. Operator Service Requirements: Provide instructions for services to be performed by the operator such as lubrication, adjustments, and inspection. 7. Environmental Conditions: Provide a list of environmental conditions (temperature, humidity, and other relevant data) which are best suited for each product or piece of equipment and describe conditions under which equipment should not be allowed to run. Preventive Maintenance: Preventive Maintenance Plan and Schedule: Provide manufacturer's schedule for routine preventive maintenance, inspections, tests, and adjustments required to ensure proper and economical operation and to minimize corrective maintenance and repair. Corrective Maintenance: Manufacturer's recommendations shall be provided on procedures and instructions for correcting problems and making repairs. 1. Troubleshooting Guides and Diagnostic Techniques: Provide step-by-step procedures to promptly isolate the cause of typical malfunctions. Describe clearly why the checkout is performed and what conditions are to be sought. Identify tests or inspections and test equipment required to determine whether parts and equipment may be reused or require replacement. 2. Wiring Diagrams and Control Diagrams: Wiring diagrams and control diagrams shall be point-to-point drawings of wiring and control circuits including factory -field interfaces. Provide a complete and accurate depiction of the actual job -specific wiring and control work. On diagrams, number electrical and electronic wiring and the terminals for each type identically to actual installation numbering. 3. Maintenance and Repair Procedures: Provide instructions and list tools required to restore product or equipment to proper condition or operating standards. 4. Removal and Replacement Instructions: Provide step-by-step procedures and list required tools and supplies for removal, replacement, disassembly, and assembly of components, assemblies, subassemblies, accessories, and attachments. Provide tolerances, dimensions, settings, and adjustments required. Instructions shall include a combination of text and illustrations. 5. Spare Parts and Supply Lists: Provide lists of spare parts and supplies required for maintenance and repair to ensure continued service or operation without unreasonable delays. Special consideration is required for facilities at remote locations. List spare parts and supplies that have a long lead time to obtain. Project WW02-2010 Operation and Maintenance Information Upgrade and Expansion of Wastewater Utility SCADA System 01730-2 F. G. Setup, Configuration, and Nameplate Information: 1. General: A written record of the following information shall be provided in its entirety for all equipment. a. Setup and configuration parameters in including all parameters left in the factory default state. b. Configuration switch/jumper positions. C. Nameplate Information: Nameplate information shall be provided for all nameplates located on the applicable equipment item. Nameplate information shall be a precise duplication of the information presented on the nameplate and shall contain no superfluous data or information interspersed amongst other data relative to the equipment. A legible digital image of the nameplate shall be acceptable. 2. Applicable Equipment: Setup, configuration, and nameplate information shall be provided for the following equipment types. The specified information shall be consolidated and organized by equipment item. a. Process variable transmitters. b. Process analyzers. C. Other installed equipment, e.g. actuators, metering pumps, etc. As -Built Panel Drawings: Panel drawings shall be updated to reflect the "as -built" condition of all panels and included with the O&M information. H. Appendices: The following information shall be provided. Include information not specified in the preceding paragraphs but pertinent to the maintenance or operation of the product or equipment. 1. Parts Identification: Provide identification and coverage for all parts of each component, assembly, subassembly, and accessory of the items subject to replacement. Include special hardware requirements, such as requirement to use high-strength bolts and nuts. Identify parts by make, model, serial number, and source of supply to allow reordering without further identification. Provide clear and legible illustrations, drawings, and exploded views to enable easy identification of the items. When illustrations omit the part numbers and description, both the illustrations and separate listing shall show the index, reference, or key number which will cross-reference the illustrated part to the listed part. Parts shown in the listings shall be grouped by components, assemblies, and subassemblies. Project WW02-2010 Operation and Maintenance Information Upgrade and Expansion of Wastewater Utility SCADA System 01730-3 2. Spare Parts and Pricing: List all recommended spare parts and associated pricing for all the equipment furnished under this Contract. 3. Warranty Information: List and explain the various warranties and include the servicing and technical precautions prescribed by the manufacturers or contract documents to keep warranties in force. 4. Personnel Training Requirements: Provide information available from the manufacturers to use in training designated personnel to operate and maintain the equipment and systems properly. 5. Testing Equipment and Special Tool Information: Provide information on test equipment required to perform specified tests and on special tools needed for the operation, maintenance, and repair of components. 1.3 TRANSMITTAL PROCEDURE A. General: Unless otherwise specified, O&M manuals, information, and data shall be transmitted in accordance with Section 01300 accompanied by Transmittal Form 01300- A. Only complete sets of O&M instructions will be reviewed for acceptance. B. Draft Submittal: Draft O&M manuals shall be submitted within sixty (60) days after the date of shop drawing approval. Two (2) copies of the draft O&M manual shall be submitted. Acceptable submittals will be retained. The CONTRACTOR will be requested to submit two (2) additional copies. If the submittal is deficient, one copy will be returned until revised manuals are acceptable. C. Final Submittal: Upon acceptance of the draft O&M manuals, four (4) copies of the final O&M manuals will be requested. Minor deficiencies identified in the draft must be corrected in the final manuals. If final manuals are found to be deficient, three (3) copies will be returned for revision and resubmittal. Approval of the draft manual does not ensure approval of the final manual. D. Manual Organization: For ease of identification, each manufacturer's brochure and manual shall be appropriately labeled with the equipment name and equipment number as it appears in the project manual. The information shall be organized in the binders in numerical order by the equipment numbers assigned in the project manual. The binders shall be provided with a table of contents and tab sheets to permit easy location of desired information. Binders shall be slant -D ring type. If manufacturers' standard brochures and manuals are used to describe O&M procedures, such brochures and manuals shall be modified to reflect only the model or series of equipment used on this project. Extraneous material shall be crossed out neatly or otherwise annotated or eliminated. E. Manufacturer's Printed Material: Manufacturer's operation, instruction, and user manuals shall be submitted in the original bound form. Copies or reproductions of the manufacturer's manuals shall not be permitted. Project WW02-2010 Operation and Maintenance Information Upgrade and Expansion of Wastewater Utility SCADA System 01730-4 F 1.4 A. Electronic Media: In addition to the specified hard copies of the O&M information, the CONTRACTOR shall submit two (2) copies of the manufacturer's instruction, operation, and maintenance manuals in portable document format (.pdf). The electronic manuals shall be submitted on CD-ROM. FIELD CHANGES Following the acceptable installation and operation of an equipment item, the item's instructions and procedures shall be modified and supplemented by the CONTRACTOR to reflect any field changes or information requiring field data. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) ** END OF SECTION ** Project WW02-2010 Operation and Maintenance Information Upgrade and Expansion of Wastewater Utility SCADA System 01730-5 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 Description I Range 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 WW02-2010 Environmental Conditions Upgrade and Expansion of Wastewater Utility SCADA System 01800-1 SECTION 16010 BASIC ELECTRICAL REQUIREMENTS PART 1—GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. General requirements for electrical work. a. Systems Descriptions b. Area classifications C. Submittals d. Records e. Coordination B. Related Sections include but are not necessarily limited to: 1. General Conditions. 2. Division 1 - General Technical Requirements. 3. Division 17 - SCADA Requirements. C. Installation of systems and equipment is subject to clarification as indicated in reviewed shop drawings and field coordination drawings. 1.3 WORK DESCRIPTION A. Provide the labor, materials, and equipment necessary to furnish, install, and place into operation the power, instrumentation, control, alarm, and associated electrical systems of this Contract. B. Provide functioning systems in compliance with manufacturer's instructions, performance requirements specified or indicated, and modifications resulting from reviewed shop drawings and field coordinated drawings. C. Provide electrical connections to motors, instrumentation, controls, meters, and any other electrical device installed or provided as part of the project. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-1 D. Test, adjust and calibrate equipment and start-up all electrical equipment, instrumentation equipment, and its associated mechanical attachments as necessary to place the project into operation. E. Mark and identify circuits, equipment, and enclosures with wire numbers, nameplates, and warning signs. 1.4 SYSTEMS DESCRIPTIONS A. Provide complete process control systems including programmable logic controllers (PLCs), individual controllers, monitoring and/or metering equipment, instrumentation equipment, and associated raceways, wiring, control panels, enclosures, and similar items. B. Provide a complete communications system including raceways, conductors, cables (copper), fiber optic cables, patch panels (workstation and fiber), communications outlets, racks, backboards, and associated enclosures. 1.5 AREA CLASSIFICATIONS A. Areas of the project are classified as"damli'or`wet'as defined in Article 100 - Definitions of the NEC. For the purposes of this specification, areas considered as damp under the NEC shall be considered wet. Areas are also classified as wet as listed below: 1. Areas outdoors or underground. 2. Areas in below grade vaults, manholes, or pullholes. 3. Areas in buildings or structures that are below grade. B. Hazardous (Classified) Areas: Areas of the project may be classified as hazardous in accordance with NFPA standards. . Consult with the City as to what areas of the project are designated as Hazardous (Classified) areas 1. Hazardous areas may also be considered corrosive. C. Corrosive Areas: Corrosive areas are those areas where equipment or devices will be exposed to gases, fumes, vapors, liquids, or other agents that have a deteriorating effect on the device or equipment. Corrosive areas include, but may not be limited to, the areas noted below. Consult with the City as to what other areas within the scope of the project are considered Corrosive. 1. Corrosive areas may also be considered hazardous. D. Finished Areas: Areas that will require concealed construction in walls and ceilings. Finished areas include, but may not be limited to, the areas noted below. Consult with the City as to what other areas within the scope of the project are considered finished areas. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-2 1.6 DEFINITIONS A. Outdoor Areas: 1. Those locations on the Project site where the equipment is normally exposed to wind, dust, rain, snow, or similar natural environmental conditions. B. Indoor Areas: 1. Those locations on the Project site where the equipment is normally protected from wind, dust, rain, snow, and similar natural environmental conditions by a building or structure with a complete floor-wall-roof/ceiling enclosure. C. Shop Fabricated: 1. Manufactured or assembled equipment for which a NRTL test procedure has not been established. D. NRTL: Nationally Recognized Testing Laboratory. E. NEC: National Electrical Code F. NFPA: National Fire Protection Association G. NECA: National Electrical Contractors Association 1.7 QUALITY ASSURANCE A. Testing Agency Qualifications: A "Nationally Recognized Testing Laboratory" (NRTL) as defined in OSHA Regulation 1910.7, or a full member company of the InterNational Electrical Testing Association (NETA). 1. Testing Agency Field Supervision: Use persons currently certified by NETA or the National Institute for Certification in Engineering Technologies, or equal, to supervise on-site testing specified in Part 3. 2. Comply with NEC for components and installation. 3. Comply with WAC and RCW requirements. B. Listing and Labeling: Provide products specified in these specifications that are listed and labeled. 1. The Terms "Listed and Labeled": As defined in the NEC, Article 100. 2. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing Laboratory" (NRTL) as defined in OSHA Regulation 1910.7. 3. Comply with WAC and RCW requirements. C. Electrical Component Standard: Provide components that comply with NFPA 70. D. When a specific code or standard has not been cited, the applicable codes and standards of the following code -making authorities and standards organizations apply: 1. American Association of State Highway and Transportation Officials (AASHTO). Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-3 2. American Iron and Steel Institute (AISI). 3. American National Standard Institute (ANSI). 4. American Society for Testing and Materials (ASTM). 5. ETL Testing Laboratories, Inc (ETL). 6. Insulated Cable Engineers Association (ILEA). 7. Institute of Electrical and Electronic Engineers (IEEE). 8. Illuminating Engineering Society of North America (IES). 9. Instrument Society of America (ISA). 10. Joint Industrial Council (JIC). 11. Lightning Protection Institute (LPI). 12. National Electrical Manufacturers Association (NEMA). 13. National Fire Protection Association (NFPA). 14. Occupational, Health and Safety Administration (OSHA). 15. Underwriters Laboratories, Inc. (UL). E. In case of conflict or disagreement between codes, standards, laws, ordinances, rules, regulations, plans and specifications, or within either document itself, the more stringent condition governs. 1.8 SUBMITTALS A. See Section 01300. B. Make submittals as soon as practicable after the date of notice to proceed, but prior to purchase, fabrication, or installation of materials or equipment. Make submittals as a single package for each specification section or group related sections in one submittal, with proposed products and materials grouped according to the sections specified in Division 16. Do not split submittals having a common bill of materials. C. Product Data: 1. Provide manufacturer's product technical data, including, but not limited to: a. Identification of the manufacturer. b. Manufacturer's product descriptive bulletin. C. Current, voltage, nameplate, load, impedance, and other electrical data pertinent to the Project and necessary to assure compliance with the Specifications and Plans. d. Equipment weights and dimensions. 2. Clearly indicate by using arrows or brackets precisely what is being submitted on. Designate optional accessories, which are being included and those which are excluded in the submittal. D. Shop Drawings: Submit Shop Drawings containing detailed drawings, diagrams and instructions for installing, operating and maintaining the material and equipment proposed for installation in the electrical work. 1. See individual Division 16 sections for specific additional requirements. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-4 2. Prior to submittal, coordinate the electrical equipment (particularly control panels, and instrumentation) and materials, with other applicable equipment and systems of the contract documents, particularly process equipment and systems. Any modifications to the electrical equipment or other equipment, due to the use or submittal of process or other equipment which is different from that specified, shall be reflected in the submittal of the electrical equipment so affected. a. Where replacement electrical equipment submitted by the Contractor is a different size than equipment it replaces, the Contractor shall submit plan and elevation drawings showing the actual size of the proposed equipment, its placement drawn to scale in red pencil and any necessary clearances which demonstrate the suitability of the proposed equipment for the conditions of installation i.e. adequate space, clearance etc.. Submittals which do not meet this requirement will be rejected as incomplete. b. Enclosures for equipment submitted by the Contractor shall be able to accept the quantities and sizes of conduits planned and/or required. Submittals which do not meet this requirement will be rejected. 3. Provide technical drawings as follows: a. Use diagrams and symbols for shop drawings that conform to Joint Industry Conference (JIC) Electrical Standards for Industrial Equipment and/or NEMA, Industrial Control Systems, ANSI and IEEE standards, latest revisions. Prepare drawings on size A, B or D sheets in a format similar to the Contract Documents or other nationally recognized drawing standard. b. Provide electrical elementary wiring diagrams for the electrical control systems showing the wiring of electrical control items, such as starters, control systems, interlocks, switches, programmable controllers, microprocessor controllers, and relays. C. Provide scaled and dimensioned panel or enclosure face layout drawing; panel/subpanel material of construction, dimensions, and weight; conduit and wiring access locations; and material wiring and terminal block drawings for each control panel. d. Provide schematic interconnection diagrams and/or Process Instrumentation Drawings (PID) diagrams for each separate control system or control panel. Each control diagram shall show a schematic representation of process equipment and locations of switches, meters, automatic valves, and indicators, controllers and recorders. Correct operating settings and ranges for each control instrument shall be marked on these diagrams. E. Clearly indicate on submittals that equipment or material is NRTL listed or is constructed utilizing listed or recognized components. Where a NRTL standard has not been established clearly identify that no NRTL standard exists for that equipment. F. Operation and Maintenance Manuals: Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-5 See specific sections for information specific to each type of equipment which is to be included in O&M manuals. 2. Provide preliminary manuals of each equipment item to the Owner for review no later than when the electrical equipment is submitted and final copies before the equipment is shipped to the job site. Drawings and Bill of Materials included in final manuals shall show`as shipped'wiring and components. Provide updates to the final manuals with Record Drawings of the work upon completion of the work, folded and punched for insertion into the manual after they are reviewed by the Owner. 3. Clearly indicate by using arrows or brackets precisely what has been provided. Designate optional accessories, which are being included and those which are excluded in the manual. 4. Final manuals for the electrical system shall consist of 3 -post, expandable metal hinge binders labeled with the job name and the Contractor's name with tab dividers for each major type of equipment. a. Provide manufacturer's installation, operation, maintenance, and service information for each item of equipment furnished under Division 16. b. Assemble and index each section listing the contents individually on the tab divider for that section. C. Compile a spare parts list and a suppliers index for each section and assemble in the section provided. d. Assemble records of tests, measurements, and calibration settings made for each device. Provide Record Drawings of the work upon completion of the work. Fold, punch, and insert these records into the manual after they are reviewed by the Owner. 1.9 RECORDS A. Maintain and annotate on the job at all times a separate set of Record Drawings in accordance with the General Conditions. Show changes from the approved submittal drawings including: equipment sizes and dimensions, wiring and connection/termination changes. Review the drawings with the Owner as the work progresses whenever requested and provide color copies of record drawings when requested. At the end of the end of the project, forward to the Owner a complete set of drawings marked in red pencil in a manner consistent with the approved submittal drawings, indicating the changes made on the job. B. Record voltage, current, and megohmeter and ground ohmer resistance test measurements made on the electrical work, the size, type and settings of trip units, fuses, and overload relay elements installed in the equipment. Record the setting of all pressure, temperature, level, and similar instrumentation and control devices. When the project is operating, turn over these records to the Owner. C. Digital Record Photographs 1. Requirements for the Photographs Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-6 a. Digital photographs shall be at the native resolution of the camera. The file format of the photographs shall be JPEG using the modest compression. (Where the compression levels are described, the typical description of the compression level might be"good'.) b. JPEG files shall be stored so that the EXIF (Exchangeable Image File Format) data is maintained. Prior to taking any photographs, the camera time should be set so that EXIF data includes the time and date of the photograph. The JPEG files shall be stored so that the creation (or modification) time and date of the file also reflect the time and date of the photograph. (The EXIF data should be viewable under Windows XP.) C. The camera shall have a native resolution of at least 3.3 megapixels. d. Photographs of signs, nameplates, or labels shall be taken using macro modes. The photographs shall be taken so that text is legible. If required, the photographs of reflective items may be taken at an angle to the item to reduce glare. 2. Take photographs of electrical equipment possibly requiring coordination when the equipment arrives on site. The photographs shall include nameplates and labels if available. The equipment shall include but not necessarily be limited to, the following: a. Control Panels 3. Take photographs of conduits prior to concealing them. The photograph files shall be labeled with location or shall contain adequate context to determine location. The photographs shall include the following: a. Conduit placement prior to pouring concrete or backfilling b. Conduit placement prior to covering walls C. Stub up locations prior to placing equipment such as control panels. 4. Take photographs of electrical equipment following installation or modification. The photographs shall include nameplates, labels, and similar identifiers. The equipment shall include but not necessarily be limited to, the following: a. Control Panels b. Instrumentation providing electrical signals including transmitters, sensors, and switches. 5. Photographs shall be supplied to the Owner at least once every two days. Photographs shall be supplied to the Owner no later than one day after they are taken. Photographs will be supplied on optical media (CD -R, DVD -R, or DVD+R) or by another method by prior arrangement with the Owner. 1.10 COORDINATION A. Coordinate the interruption of electrical systems to any part of the facility in use by the Owner at least 72 hours before interruption of the system. B. Coordinate the cutting of existing structures with the new and existing electrical systems. Identify, locate, and protect existing and underground, underslab or embedded conduits/cables where excavation or cutting of existing structures is to be performed. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-7 C. Coordinate installing electrical identifying devices and markings prior to installing acoustical ceilings and similar finishes that conceal such items. D. Coordinate installing electrical identification after completion of finishing where identification is applied to field -finished surfaces. E. Coordinate requirements for access panels and doors where electrical items requiring access are concealed by finished surfaces. F. Coordinate the electrical work with the requirements of equipment provided under other Divisions. Portions of the electrical design are based upon the equipment specified in other Divisions. Where modifications to the specified electrical systems or equipment devices or materials are required to accommodate actual electrical requirements of equipment which is specified under other Divisions of the Contract but which has electrical requirements different from those specified under those Divisions for the equipment, make modifications to the electrical system or systems required to accommodate the equipment, and pay for all such changes. No additional payment or `txtras' are allowed for changes required to accommodate substitutions or changes proposed by the Contractor. G. Where changes in the work, or substitutions in material or equipment specified under this Division are proposed, ensure that sizes, weights, openings, etc., are provided that do not require changes in the work outside this Division. If changes to work outside this Division are required to accommodate substitutions or changes proposed by the Contractor, submit complete descriptions of these changes for approval by the Owner, and pay for all such changes. No additional payment or"extras' are allowed for changes required to accommodate substitutions or changes proposed by the Contractor. H. Coordinate the installation of electrical equipment with other trades: Arrange for the building -in of equipment and materials during structure construction. Arrange for the building in of anchors, supports, sleeves, or other equipment and materials during concrete placement, framing, precasting or other structure construction. Coordinate installing required supporting devices and set sleeves in poured -in-place concrete and other structural components as they are constructed. Install sleeves for cable and raceway penetrations of concrete slabs and walls, except where core -drilled holes are used. Install for cable and raceway penetrations of masonry and gypsum walls and of all other fire -rated floor and wall assemblies. Install sleeves during erection of concrete and masonry walls. Gypsum wall sleeves may be cut -in after erection if desired. 2. Where equipment or materials cannot be built-in during construction, arrange for chases, slots, box -outs or other openings in the structure, as required to allow installation of equipment after structure construction is complete. 3. Where penetration of completed or permanent construction elements such as walls, beams, ceilings, floors, etc. is required, obtain approval from Owner for Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-8 penetration (drilling, cutting, shooting, punching) of structural components prior to penetrating the element or component. 4. Accurately locate panelboards, outlets, switches, control stations and similar devices with respect to equipment and the finished work of others. Verify dimensions and locations with the Owner and the existing conditions, as well as shop drawings/supplier's drawings and trades. Coordinate electrical work with work under other Divisions. Sequence, coordinate, and integrate installing electrical materials and equipment for efficient flow of the Work. Cooperate in locating equipment to avoid interference with work of others, and plan this work to harmonize with the work of other trades so that all work may proceed as expeditiously as possible. No extras are allowed because of moving work required to avoid interference with work of other trades or contractors. Coordinate connecting electrical circuits to components furnished under other Divisions. Coordinate the location of motors, switches, panel connections and other points of connection with the equipment manufacturers or vendors prior to conduit installation, and route circuits to the actual connection point. Remove and reinstall conduit, outlet boxes and other electrical connections, even if removal and reinstallation of building materials is necessary, where electrical connections are not made to the appropriate equipment location. 1.11 DELIVERY, STORAGE, AND HANDLING A. Receive, handle, and store electrical materials and equipment in accordance with the manufacturer's instructions. B. Protect materials and equipment from damage, corrosion, or disfiguring; protect nameplates on electrical equipment from defacing. Deliver equipment to their final locations in protective wrappings, containers, and other protection that will exclude dirt and moisture and prevent damage from construction operations. Remove protection only after equipment is safe from such hazards. Field repair of material or equipment made defective by improper storage or site construction damage by other trades is not acceptable. C. Repair, restore, or replace damaged, corroded and rejected items at no additional cost to the Owner. D. Provide dry, heated storage for materials and equipment intended to be installed indoors which is not protected by packaging suitable for outdoor storage by the manufacturer and for equipment that requires an electrical connection or heater to mitigate water condensation and like hazards. E. Keep electrical equipment rooms clean and vacuumed after each day when work is performed in the area. Do not place electrical equipment rated for indoor installation into Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-9 its final location until this location is weathertight and heated with openings to the outside closed with temporary weather barriers or with the installation of permanent doors, fans, and ducts. F. Ensure that equipment is not used as steps, ladders, scaffolds, platforms, or for storage - either inside or on top of enclosures. G. Protect nameplates on electrical equipment from defacing. H. Repair, restore, or replace damaged, corroded and rejected items at no additional cost to the Owner. 1.12 WARRANTY AND RESPONSE A. For all products provided under Division 16 and Division 17, provide no less than two years of warranty service. Warranty service shall include repair of work provided, collecting, coordinating replacement, initiating return merchandise authorization, fulfilling paper work and actually installing replacements. Provide at least three levels of response for items depending upon the criticality of the system. 1. Provide an emergency response, which requires Contractor arrival within 6 hours, for catastrophic failures of multiple buildings or process areas. Examples of failures requiring this type of response will be a central network switch or controller failure which prevents a liquid waste water stream from having adequate treatment. 2. Provide next business day response, which requires the Contractor to arrive within one normal business day (Monday through Friday, except normal federal holidays) for failures that require some manual operation of a single critical areas. Example of this type of failure would be a single I/O module on a PLC or a single control panel unable to restore communication with the remainder of the network. 3. Provide a response, to be scheduled within 6 business days, for all other types of warranty issues. Examples of this type of service would include aesthetic 1.13 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for basic electrical requirements, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Refer to individual Division 16 sections. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-10 Provide equipment, which is of a similar type, made by one manufacturer throughout the project unless otherwise noted in the Specifications. Submit requests for substitution in accordance with Specification Section 01300 MATERIALS A. Except as otherwise indicated, provide new materials and equipment which are standard products of manufacturers regularly engaged in production of such equipment. Provide similar items of equipment of the same manufacturer and quality. Where systems are specified, provide components of the system from one manufacturer. B. Trade names and catalog numbers may be used in the Plans or Specifications to establish quality standards and basis of design: 1. Other listed manufacturers in the applicable specification sections with equal equipment may be acceptable. 2. If no other manufacturer is listed then any manufacturer of equal equipment may be acceptable. C. Provide material or equipment approved and labeled for the purpose for which it is to be used by a nationally recognized electrical testing laboratory (NRTL) or other organization acceptable to the State of Washington Department of Labor and Industries. D. 1. Where NRTL test procedures have been established for the product type, provide electrical equipment approved under that procedure and bearing the NRTL label. E. Where voltage, current, power, temperature or other ratings are specified that do not correspond to standard ratings of the manufacturer selected by the Contractor, furnish the next rating level which increases the capacity of the device or material in question. F. Furnish materials, devices, equipment or supplies of materials that are inherently non- corrosive or are coated or covered in a manner, acceptable to the Owner, which renders them non -corrosive. Do not provide materials which contain polychlorinated biphenyls, asbestos or other hazardous or detrimental materials. Do not install materials in a manner, location or construction that produces galvanic action or any other materials corroding or eroding action. Material that may cause rusting or streaking on a building/structure surface shall not be used. G. Fabricate equipment or devices in the field equivalent in every respect to manufactured items used for the same purpose. Where cutting, drilling, grinding, or similar actions are performed on galvanized or painted metal, regalvanize or repaint, respectively, to match original finish. H. When equipment is shop fabricated for the Project, use electrical devices and enclosures which are NRTL listed and labeled or recognized. Project WW02-2010 Upgrade and Expansion of Wastewater Utility SCADA System Basic Electrical Requirements 16010-11 PART 3—EXECUTION 3.1 INSTALLATION A. Make arrangements for and pay for necessary permits, licenses, and inspections. B. Equipment shall be installed in accordance with the requirements of the National Electrical Code, National Electrical Safety Code, and applicable state and local regulations and ordinances. C. Install equipment in accordance with the manufacturer's instructions and the NECA"NEIS' (National Electric Installation Standards). D. Provide on-site testing as listed in individual specification sections. Test results shall be in writing. E. Equipment Dimensions and Clearances: 1. Dimensions indicated for electrical equipment and dimensions indicated for the installation of electrical equipment are restrictive dimensions. Verify that equipment will fit within the indicated locations and spaces. Do not use equipment that impinges upon the required clearance, reduces actual clearance, or exceeds the indicated dimensions: a. Except as approved in writing by the Owner. 2. Do not use arrangements of equipment that impinge upon the required clearance, reduce actual clearances or exceed the space allocation. F. Equipment Access: 1. Install equipment so it is readily accessible for operation and maintenance. 2. Access to equipment shall not be blocked or concealed by conduits, supporting devices, boxes, or other items. 3. Do not install electrical equipment such that it interferes with normal maintenance requirements of other equipment. G. Install materials and equipment in a manner, location and construction that does not produce galvanic action or any other materials corroding or eroding action. Equipment fabricated from aluminum shall not be placed in direct contact with earth or concrete. H. Screen or seal all raceways and openings into equipment to prevent the entrance of moisture, rodents and insects. 3.2 DEMONSTRATION A. Demonstrate to the Owner that the electrical installation is working by operating all electrical systems and equipment. Simulate control and emergency conditions, artificially where necessary, for complete system tests. Adjust installed equipment for proper operation of all electrical and mechanical components. Project WW02-2010 Basic Electrical Requirements Upgrade and Expansion of Wastewater Utility SCADA System 16010-12 ASSISTANCE Provide assistance to the Owner during the demonstration or testing of equipment by operating devices and equipment, during construction observation by opening enclosures for inspection, checking record drawing information, and similar tasks, as necessary, in the Owner's judgment to verify all work provided. END OF SECTION Project WW02-2010 Upgrade and Expansion of Wastewater Utility SCADA System Basic Electrical Requirements 16010-13 SECTION 16050 BASIC ELECTRICAL MATERIALS AND METHODS PART 1—GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. This Section includes the following: 1. Supporting devices. 2. Electrical identification. 3. Electrical demolition. 4. Cutting and patching 5. Cleaning and finish touchup painting. 6. Testing 1.3 SUBMITTALS A. General: Submit each item in this section according to the Conditions of the Contract and Division 1 Specification Sections. B. Test reports. 1.4 QUALITY ASSURANCE A. Refer to Section 16010 paragraph 1.7. 1.5 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for basic electrical materials and methods, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 SUPPORTING DEVICES A. Provide tubing, channel and angle support systems, hangers, sleeves, brackets, fabricated items, and fasteners for secure support of electrical equipment, devices, components and materials: 1. Material: Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-1 a. Wet locations (including outdoors and in below -grade structures): Stainless steel or hot -dipped galvanized. b. Class I Hazardous locations and/or Corrosive areas: 304 stainless steel or 40 mil PVC coated galvanized steel. C. Other locations: Steel, except as otherwise indicated, protected from corrosion with zinc coating, cadmium plating, or with treatment of equivalent corrosion resistance using approved alternative finish or inherent material characteristics. B. Conduit clamps: one hole or beam clamps 1. Rigid Steel Conduit: cast iron hot dipped galvanized clamps with cast iron hot dipped galvanized clamp back (AKA foot or spacer). 2. PRMC: cast iron PVC coated or stainless steel clamps with cast iron PVC coated or stainless steel clamp back (AKA foot or spacer). 3. EMT: stamped steel clamps—cad plated or galvanized. C. Anchors: stainless steel in wet, hazardous or corrosive areas; cadmium plated or galvanized steel in dry areas. 1. lag screws or Type A tapping screws for wood. 2. Toggle bolts with springhead for light loads in masonry. 3. thru-bolt with fender washers for loads in masonry. 4. toggle bolts with springhead for hollow partitions. 5. epoxy set or self drilling anchors with threaded studs for concrete. 6. clamps or U -bolts for structural steel. 7. Epoxy set or self drilling anchors with extension rods for hollow the over concrete. 8. hanger rods: 1/4 -inch diameter or larger threaded steel, except as otherwise indicated. D. Sleeves: 1. Wet, hazardous or corrosive areas: a. ASTM A 53, Type E, Grade A, Schedule 40, hot dipped galvanized steel, plain ends. b. Hot dipped galvanized cast iron, with weep rings. 2. Dry Areas: a. PVC, schedule 40. b. 0.0276 -inch or heavier galvanized sheet steel, round tube, closed with welded longitudinal joint. Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-2 2.2 ELECTRICAL ENCLOSURES A. Enclosures for use with Electrical Equipment: 1. Standards: a. NEMA ICS -6, Enclosures for Industrial Controls and Systems. b. UL 508, Industrial Control Equipment. C. UL 698, Industrial Control Equipment for Use in Hazardous Locations. 2. Provide NEMA enclosure types as indicated on the Contract Documents. Where the enclosure type is not indicated by the Contract Documents provide enclosures as follows: a. NEMA 1: Use in electrical rooms and in dry indoor finished areas. b. NEMA 12: Use in unclassified (non -hazardous and non -corrosive) indoor locations which are neither wet nor damp. C. NEMA 4X: Use in all non -hazardous wet or corrosive locations. d. NEMA 7: Use in all hazardous locations. B. Shop or Factory Finishes: 1. Exteriors of painted enclosures shall be ANSI gray. 2. Interiors of painted enclosures shall be either white or light gray. 2.3 ELECTRICAL IDENTIFICATION A. Manufacturer's Standard Products: Where more than one type is listed for a specified application, selection is Contractor's option, but provide single type for each application category. Use colors prescribed by ANSI A13.1, NEC and these Specifications. B. Colored Adhesive Marking Tape for Raceways, Wires, and Cables: Self-adhesive vinyl tape not less than 3 mils thick by 1 inch wide. C. Underground Line Warning Tape: Permanent, bright -colored, continuous -printed, vinyl tape with the following features: 1. Size: Not less than 4 mils thick by 6 inches wide. 2. Compounded for permanent direct -burial service. D. Color -Coding Cable Ties: Type 6/6 nylon, self-locking type. Colors to suit coding scheme. E. Engraved, Plastic -Laminated Labels, Signs, and Instruction Plates: Engraving stock, melamine plastic laminate punched for mechanical fasteners 1/16 inch minimum thick for signs up to 20 sq. in., 1/8 inch thick for larger sizes. Engraved legend in white letters on black face. F. Fasteners for Plastic -Laminated and Metal Signs: Self -tapping stainless-steel screws or stainless-steel No. 10/32 machine screws with nuts and flat and lock washers. Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-3 G. Wire markers: machine printed, black ink, alpha -numerical identifiers on yellow polyolefin shrink tubing. Kroy K4350 Shrink Tube, or approved equal. 1. Where it is not possible to use shrink tubing (i.e. on pre -terminated cables) it is acceptable to use the following: a. Tape Markers: Vinyl or vinyl -cloth, self-adhesive, wraparound type with preprinted numbers and letters. 2.4 TOUCHUP PAINT A. For Equipment: Provided by equipment manufacturer and selected to match equipment finish. B. For Non -equipment Surfaces: Matching type and color of undamaged, adjacent finish. C. For Galvanized Surfaces: Zinc -rich paint recommended by item manufacturer. PART 3—EXECUTION 3.1 INSTALLATION A. Comply with NECA's "Standard of Installation." B. Install the equipment and materials in a neat and workmanlike manner employing workmen skilled in the particular trade and in accordance with the manufacture's instructions and industry standards. Maintain adequate supervision of the work by a person in charge at the site during any time that work under this division is in process or when necessary for coordination with other work. C. Install components and equipment to provide the maximum possible headroom where mounting heights or other location criteria are not indicated. Mount enclosures for individual units at fifty-four inches above floors to centerline of controls. D. Install items level, plumb, parallel and perpendicular to other building systems and components, except where otherwise indicated. E. Install equipment to facilitate service, maintenance, and repair or replacement of components. Connect for ease of disconnecting, with minimum interference with other installations. F. Give right of way to raceways and piping systems installed at a required slope. G. Make all penetrations of electrical work through floors, walls and roofs water, rodent, insect and weather -tight. 3.2 ELECTRICAL SUPPORTING METHODS A. Support electrical equipment, devices and materials from framing members or structure with sufficient clearance for maintaining and servicing. Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-4 L A Provide backing plates, and/or framing material to support equipment, devices and materials which are located between the framing members which are part of the building or facility structure. 2. Provide metal structure fabricated of structural shapes such as C -channel or square tubing (not strut channels, unistrut, b -line, etc.) for mounting cabinets, panelboards, disconnects, control enclosures, pull boxes, junction boxes, transformers, and other equipment and devices except where components are mounted directly to structural features of adequate strength. Fastening and Supports: Unless otherwise indicated, securely fasten electrical items and their supporting hardware to the building/structure/support. 1. Use supports as detailed on the Plans and as specified: a. Where not detailed on the Plans or specified, use supports and anchoring devices rated for the equipment load and as recommended by the manufacturer. 2. Attach enclosures mounted on equipment with machine screws or clamps as required. Do not drill equipment frames or sheets without permission of the equipment supplier/manufacturer and the Owner. Do not mount safety switches or external equipment to other equipment enclosures, unless enclosure mounting surface is adequately reinforced structurally to accept mounting of external equipment. 3. Base rating and size of supports and anchoring devices on dimensions and weights verified from approved equipment submittals. Attach wall mounted enclosures with a minimum of three fasteners, and more if the manufacturer so recommends. 4. Stand off outdoor wall -mounted equipment and indoor equipment mounted on earth or water bearing walls a minimum of one-quarter inch where enclosures are mounted on walls in wet areas (outdoors, below grades, etc.). Use corrosion resistant spacers such as neoprene, or fiberglass or plastic shim washers to maintain '/ IN separation between the equipment and the wall. 5. Do not cut, or weld to, building structural members without permission of the owner. Welding to steel structure may be used only for threaded studs, not for conduits, pipe straps, or any other items. 6. Select fasteners so the load applied to any fastener does not exceed 25 percent of the proof -test load. Raceway Supports: Comply with NEC and the following requirements: 1. Conform to manufacturer's recommendations for selecting and installing supports. Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-5 2. Install individual and multiple raceway hangers and riser clamps to support raceways. Provide U bolts, clamps, attachments and other hardware necessary for hanger assembly and for securing hanger rods and conduits. 3. Support parallel runs of horizontal raceways together on trapeze- or bracket -type hangers. 4. Spare Capacity: Size supports for multiple conduits so capacity can be increased by a 25 percent minimum in the future. 5. Support individual horizontal raceways with separate, malleable iron pipe hangers or clamps. 6. In vertical runs, arrange support so the load produced by the weight of the raceway and the enclosed conductors is carried entirely by the conduit supports, with no weight load on raceway terminals. 7. Use double nuts or jam nuts with regular nuts on threaded rods and bolts. 8. Trim rod ends to within '/ inch after installation of last nut, clamp or similar hardware; smooth cut ends or install cap nut. D. Provide concrete foundations or pads required for electrical equipment: 1. Floor -mounted equipment shall be mounted on a concrete base except the concrete base shall be shortened in height by the thickness of the channel base when the equipment is provided with channel bases such as can be provided with control panels, motor control centers and switchboards. Pad shall be poured on top of the finished floor or slab. 2. Install concrete pads and bases according to requirements of Division 3 and per structural plans and specifications. E. Install hangers, inserts, supports, and anchors prior to installation of fireproofing. F. Cable supports - provide cable ties and straps for clamping, tying, securing and banding wires and cables in all junction boxes, panelboards and terminal cabinets. Support each circuit independently; group phases of three phase circuits. 3.3 IDENTIFICATION A. Install labels where indicated and at locations for best convenience of viewing without interference with operation and maintenance of equipment. B. Coordinate names, abbreviations, colors, and other designations used for electrical identification with corresponding designations indicated on the Plans or required by codes and standards. Use consistent designations throughout the Project. C. Self -Adhesive Identification Products: Clean surfaces of dust, loose material, and oily films before applying. Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-6 D. Tag or label power circuits in enclosures using tags or adhesive marking tape. Identify source and circuit numbers in each cabinet, pull box, pull hole, vault, maintenance hole, junction box, and outlet box. Color coding may be used for voltage and phase indication. E. Identify Paths of Underground Electrical Lines: During trench backfilling, for exterior underground power, control, signal, and communication lines, install continuous underground plastic line marker located directly above power and communication lines. Where multiple lines installed in a common trench or concrete envelope do not exceed an overall width of 16 inches, use a single line marker. F. Provide engraved phenolic name plates (white with black background) on equipment enclosures giving the name and circuit identification (Panel/MCC/Enclosure served from and circuit location or ID) of the enclosed device/equipment in one-quarter inch letters. G. For panelboards, provide framed, typed circuit schedules with explicit description and identification of items controlled by each individual breaker. H. Provide electrical danger, caution, warning or safety instruction signs including arc flash signs in accordance with WAC/RCW, WISHA/OSHA and other applicable state/federal safety requirements. 3.4 DEMOLITION A. Demolish all existing electrical devices and circuits which are noted for demolition. Demolition includes, but is not limited to: Remove all conduit, conductors, fittings, device boxes, hangers, panels, devices, etc., which are not concealed in the building structure or below grade/slab. B. Do not remove or damage fireproofing materials. Repair or replace fireproofing removed or damaged. C. Locate, identify, and protect electrical equipment and materials to remain. Where existing work to remain is damaged in the course of the work, remove damaged portions and install new products of equal capacity, quality, and functionality at no additional cost to the Owner. D. Remove existing conductors from conduits or other enclosures, unless otherwise indicated, where existing work is to be abandoned in place. Cut and remove buried cable or raceway indicated to be abandoned in place at the point where it stubs up or emerges from burial 12 inches below the surface of adjacent grade or construction; cap and patch surface to match existing finish. E. Remove demolished material from the Project site and legally dispose of demolished material by wastehaul to approved landfill or recycling facility. F. Remove, store, clean, reinstall, reconnect, and make operational components indicated for relocation and/or reconnection. Coordinate the process, mechanical, HVAC, and Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-7 other equipment scheduled to be relocated and/or reused with other Divisions, and disconnect the equipment from and reconnect the equipment to the electrical systems. 3.5 TEMPORARY POWER A. Provide temporary power to existing branch circuit panels, branch circuits, and/or directly to electrical devices as required to keep all portions of the existing facility, which are occupied by the Owner, or required for facility operation, in operation at all times. Obtain approval by all appropriate code authorities, including the Department of Labor & Industries Electrical Inspection Department, for any temporary connections provided. 3.6 CUTTING AND PATCHING A. Cut, channel, chase, and drill floors, walls, partitions, ceilings, and other surfaces necessary for electrical installations. Perform cutting by skilled mechanics of the trades involved. B. Repair disturbed surfaces to match adjacent undisturbed surfaces. 3.7 CLEANING AND TOUCHUP PAINTING A. Clean dirt and debris from all surfaces. Thoroughly vacuum the interior of enclosures to remove dirt and debris. B. Replace nameplates damaged during installation. C. Apply touch-up paint as required to repair scratches, etc. Field paint in accordance with Section 09900. Thoroughly clean damaged areas and provide primer, intermediate, and finish coats to suit the degree of damage at each location. Follow paint manufacturer's written instructions for surface preparation and for timing and application of successive coats. 3.8 TESTING A. Testing shall be performed by a person currently certified by the InterNational Electrical Testing Association. B. Additional testing requirements specific to other sections are specified in those sections. C. Test electrical equipment as described in individual specification sections after installation but before it is energized and placed in service. All equipment shall be tested as recommended by the manufacturer. Report all test results in writing. Where tests disclose a defect in the work, rework or repair equipment which performs unsatisfactorily during or as a result of system testing at no additional expense to the Owner and retest to confirm the rework or repair until retesting confirms that the defect has been corrected. Test in accordance with the manufacturer's installation and testing instructions and the applicable electrical standards (i.e., NEMA, IEEE, ISA, ANSI, or other) for the class of equipment. If equipment or system fails retest, replace it with products which conform Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-8 with Contract Documents. Continue remedial measures and retests until satisfactory results are obtained. Remedial measures and retests will be done at no cost to the Owner. D. Test motor driven equipment motors before energization. Insulation test shall consist of megoluneter check phasetoffound, per IEEE Standard 43, and polarization index test manufacturers recommendations. 1. Perform load tests of each motor and prepare a written report of the findings showing the following: a. Nameplate Ratings (horsepower), (speed), (voltage), (phase), (ampere rating of motor at full load). b. Measured Load in amperes on each phase at full speed. 2. For load tests for each pump/blower/ process equipment motor: a. Note the operating conditions at the time of the test. b. Note the suction and discharge conditions (pressure, water level, temperature, humidity, where such conditions affect load). 3.9 DEMONSTRATION A. Demonstrate equipment in accordance with Section 16010. END OF SECTION Project WW02-2010 Basic Electrical Materials and Methods Upgrade and Expansion of Wastewater Utility SCADA System 16050-9 SECTION 16120 CONDUCTORS AND CABLES PART 1—GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. This Section includes building wires and cables and associated connectors, splices, and terminations for wiring systems rated 600 V and less. 1.3 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. 1. Field Test Reports: Indicate and interpret test results for compliance with performance requirements. 1.4 QUALITY ASSURANCE A. Refer to Section 16010 paragraph 1.7. 1.5 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for conductors and cables, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 BUILDING WIRES AND CABLES A. UL -listed building wires and cables with conductor material, insulation type, cable construction, and rating as specified in Part 3 "Wire and Insulation Applications" Article. B. Thermoplastic Insulation Material: Comply with NEMA WC 5. C. Cross -Linked Polyethylene Insulation Material: Comply with NEMA WC 7. D. Ethylene Propylene Rubber Insulation Material: Comply with NEMA WC 8. E. Conductor Material: Copper. F. Stranding: Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-1 I . Class B for power applications. 2. Class C for control applications. G. Size and Type: 1. Solid or stranded conductor for No. 10 AWG and smaller gauge 120 VAC branch power circuits; 2. Stranded conductor for 277 or 480 VAC power circuits, and for any power circuit larger than No. 10 AWG. 3. Stranded conductors for control circuits. 4. Grounding conductors: solid conductor in sizes No. 6 AWG and smaller gauge; stranded in No. 4 AWG and larger gauge. H. Cords: Type SO, size No. 14 AWG or larger. 2.2 INSTRUMENTATION AND SPECIALTY WIRE A. Low voltage instrument cable: 600 volt rated, multi -conductor cable with overall neoprene or PVC jacket. Individual conductors PVC or polyethylene insulated, with or without nylon overcoat. 1. Unshielded instrument cable Belden 9486 (18 gauge), 9488 (14 gauge) or equal, Alpha or NEC. 2. Shielded single pair instrument cable (2/C#18) Belden 9341 or equal, Alpha or NEC. 3. Shielded three conductor instrument cable (3/C#18) Belden 1121A or equal, Alpha or NEC. 4. Shielded multi -pair (#18 gauge) instrument cable Belden 1048 (2 pair), 1049 (4 pair), 1050 (8 pair), 1051 (12 pair) or equal, Alpha or NEC. B. SCADA communications wire: Coordinate the with the actual Remote I/O protocols being used. 1. Remote I/O Cabling a. DeviceNet wiring: NEC Class 1 Wiring (8 Amp Capacity), 2/C#15STP,2/C#18STP (ODVA DeviceNet Thick Cable). The #18 pair shall have a characteristic impedance of 12052. Terminate both ends of network with 12152 (±5%), '/ Watt capacity resistors. Provide Allen- Bradley 1485C-P1Axxx (where xxx is the cable length in meters), Belden 7897A, or equal. b. Profibus DP: 2/C#22STP with a characteristic impedance of 15052. Provide Belden 3079A or equal. C. Modbus Plus: RG -6, Quad Shield cable. Provide Belden 3092A or equal. 2. RS -485 (also known as EIA -485, EIA/TIA-485, Modbus RS -485): 2/C#22TP+1/C#22, Overall shield with drain. Characteristic impedance on the Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-2 twisted pair wires shall be 120Q nomial. Terminate both ends of network twisted pair with 12152(±5%), '/ Watt capacity resistor. Provide Belden 3106A or equal. 3. Cat5e Ethernet Communications Cable. a. Meet applicable performance standards for ANSI 568. b. Provide Cat5e patch cable in lengths as needed. 4. Fiber Optical Ethernet Communications Cable a. Multimode shall be 6 strand (3 pair) OM3 grade (50/125 micrometer). Terminate with duplex LC type connectors. Provide wall mount fiber patch panels and bulkhead connectors as needed. It is acceptable to use existing fiber patch panels as available. b. Singlemode fiber shall be 12 strand (6 pair) OS2 grade. Terminate with duplex LC type connectors. Provide wall mount fiber patch panels and bulkhead connectors as needed. It is acceptable to use existing fiber patch panels as available. C. Provide fiber optic patch cables in lengths as needed to match grade and type of fiber optic cable. C. Specialty wire: As specified in the section describing the system it serves. 2.3 CONNECTORS AND SPLICES A. Provide UL -listed, factory -fabricated wiring connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. B. Conductor Connections, Splices or Taps: 1. Solid Conductors size 18 through 10 AWG: Twist on insulated spring connectors. 2. Stranded Conductors size 18 through 6 AWG: insulated, solid barrel, crimp type plated copper alloy connectors. 3. Conductors size 4 AWG and larger: plated copper alloy compression splicing sleeves installed by high pressure compression tools and insulated with heat shrink Raychem sleeves. 4. Outdoors or wet areas: wire splice kits, epoxy resin, hardener, and mold. 3M Scotchcast or equal. C. Terminations: suitable for 75 degree Celsius rated copper conductor. 1. Service and feeder circuits: compression indent barrel connectors with one or two hole spade lug ends. 2. Conductor size 18 through 10 AWG: insulated, solid copper barrel, crimp type, plated copper alloy spade tongue terminal, made for the wire size and terminal on which they are installed and crimped with an approved plier or tool for the connector. Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-3 3. Conductor size 8 AWG and larger: compression, indent, solid copper barrel, one or two hole lugs. D. Motor connections: insulated, solid barrel, crimp type, ring tongue plated copper alloy 2.4 INSULATING MATERIALS A. Fillers: Scotchfill, or equal. B. Tape: 7 mil vinyl plastic tape, logo bearing, Scotch 33+, or equal. PART 3—EXECUTION 3.1 EXAMINATION A. Examine raceways and building finishes to receive wires and cables for compliance with requirements for installation tolerances and other conditions affecting performance of wires and cables. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 WIRE AND INSULATION APPLICATIONS A. Service/Feeders: Type USE/RHW/RHH insulated, stranded conductors, in raceway. B. Branch circuits: Type USE/RHW/RHH insulated, stranded conductors, in raceway except Type THHN/THWN insulated, solid or stranded conductors, may be used indoors, above grade only, for 120 volt lighting and receptacle branch circuits in sizes #12 AWG and #10 AWG. C. Equipment Grounding Conductors: Same type insulation and conductor as the circuit conductors supplying the equipment to be grounded. D. Grounding Conductors (other than equipment grounding conductors): bare copper with varnish coat. E. Class 1 and 2 Control Circuits: Type USE/RHW/RHH, size #14 AWG or larger, in raceway; Type MTW/THWN, size #14 AWG or larger, in raceway may be used indoors above grade or above grade in weatherproof enclosures. F. Instrumentation Circuits: Shielded or unshielded instrument cable, as specified, indicated or required. G. Ethernet Communications Circuits 1. Terminate all Cat5e cables to workstation outlet jacks or copper patch panels. Follow TIA-568B (typical computer network) terminations. a. Test CAT5e cables using CAT5e cable tester. Use Fluke Networks or equal. Replace or re -terminate any cable that does not"PASS'Cat5e standards. Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-4 2. Terminate all strands of fiber optic cable. a. Test with fiber signal loss meter. Replace or re -terminate any fiber with greater than 3 dB power loss. 3.3 INSTALLATION 1. Install wires and cables in raceway system, according to manufacturer's written instructions and NECA's "Standard of Installation", after raceway system is complete, and following "Examination" article of this section. Where existing conductors or cables are removed and later repulled through new or existing conduits, test the conductors after each pulling operation, and replace the conductors or cables with new conductors or cables if the test results are not acceptable per NETA standards B. Provide individual neutral conductors for each 120 volt or 277 volt circuit. Common neutral conductors for multi branch circuits are not permitted unless specifically noted and shown on the plans. C. Install service, feeder, motor, control, instrumentation, communication and signaling circuits continuously without splices from equipment terminal to equipment terminal or motor lead. 120 and 277 volt single phase branch circuits may be spliced or connected at taps or connection for outlet devices. Do not splice circuits at other locations without written permission from the Owner. D. Color code conductors as follows: 1. Grounding conductors: Green. 2. 480/277 volt, three phase systems: a. Phase A - brown b. Phase B - orange C. Phase C - yellow d. Neutral - gray 3. 208Y/120, three phase systems: a. Phase A - black b. Phase B - red C. Phase C - blue d. Neutral - white 4. Use control wiring of colors different than power wiring or supplied with a trace of color in addition to the basic color of the insulation. Number control wiring individually to match equipment number and terminal numbering or use wires of different colors with equipment number for each node or different function in Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-5 each circuit but use the same color scheme throughout each system for any control or signal wires performing the same function. 5. Use wire with insulation of required color for conductors of No. 8 AWG and smaller. For wire larger than No.8 AWG which is not available in specified colors, use self-adhesive, wrap-around cloth type markers of solid colors to code the conductors. When conductors are marked in this manner, mark each conductor at all accessible locations such as panelboards, junction boxes, pullboxes, pullholes, auxiliary gutters, outlets, switches, and control centers. 6. Do not use white, gray, or green color for any power, lighting, or control conductor not intended for neutral or grounding purposes. a. low voltage control circuits, or 18 AWG or smaller control conductors, may use gray, green or white singly or as part of a trace color in addition to the base color. 7. Connect power circuit conductors of the same color to the same phase throughout the installation. Viewing all equipment from the front, make connections so phase color sequence is in the same order as that for panelboards, switchboards, motor control centers, etc. If the phase order of the wires must be reversed to accommodate motor rotation, the adjustment shall be made at the motor terminal box or for cord connected equipment only, at the load side of the safety disconnect switch. Reversing the phase order at the motor controller or disconnect switch is not acceptable. 8. When connecting or reconnecting low voltage (600 volts or less) switchboards, motor control centers, and panelboards which serve existing loads, verify the phasing and rotation prior to the connection, and make connections to maintain the same phasing and rotation to the new switchboards, motor control centers, panelboards, and existing loads as existed prior to removal of the loads from the original (or temporary) distribution system. Verification of rotation alone is not acceptable. Phasing must also be verified. (This may be done by checking for presence of AC voltage between analogous phases of different devices/equipment. Presence of nominal AC voltage between analogous phases of different devices/equipment indicates incorrect phasing.) E. Install wiring to equipment neutral and grounding blocks on the bottom or furthest back row first. Leave unconnected blocks accessible for future neutral or grounding connections. F. Leave six inches or more of free conductor at each connected device or equipment terminal and nine inches of free conductors at each unconnected outlet. Tape free ends of conductors at unconnected outlets and coil neatly in outlet box. G. Install wires neatly in enclosures. Bend or form wires in neat runs from conduits to terminals. Arrange wires so that they may be grouped by conduit or function in the Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-6 [`I I. J Q enclosure. Install cable ties and straps to support and bundle wires in enclosures. Arrange wires to allow wire tags and numbers to be easily read without bending or flexing wiring. Pulling Conductors: 1. Make all cable pulls by hand. Use pulling means, including fish tape, cable, rope, and basket -weave wire/cable grips, or wrapping extra conductor into an eye, that will not damage cables or raceway. 2. Use manufacturer -approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. Install puliboxes or pull fittings where necessary to prevent exceeding manufacturer's recommendations. 3. Cut cable or conductor ends off after pulling and clean all lubricant and/or pulling compound from conductors before terminating. Support cables according to Section 16050. Seal around cables penetrating fire -rated elements with approved fire -stopping materials. Identify wires and cables according to Section 16050 "Basic Electrical Materials and Methods and as follows: 1. For power circuits: a. At each connection, except at motors, tag for phase rotation and circuit number. b. At each motor tag for winding lead numbers. Make all phase rotation changes for motor direction changes at the motor to maintain correct color phase sequence in equipment. C. In each enclosure or box where more than one ungrounded power conductor is spliced or connected, tag for panelboard identification and pole number. 2. For control circuits: a. Tag at ends of wire. 3. Labels shall be identified as follows unless otherwise noted in the specifications: a. Wires from motor control centers to devices shall be labeled with the device tag (MCC terminal #)(device terminal number)—for example, 05SV01(8)(3) - would reference solenoid valve 05SV01 landed on terminal 8 in the motor control center and landed on terminal 3 at the solenoid valve (the device end may not have a terminal number, in that case the wire label would only have one terminal label). Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-7 b. Wires from control panels to devices shall be labeled with the device tag (CP terminal #)—for example, 05MFM01(0501)(1) - would reference magnetic flow meter 05MFM01 landed on tenninal 0501 in the control panel and terminal 1 at the flowmeter. C. Wires from motor control centers to control panels shall be labeled with device tag (MCC terminal #) (CP terminal #)—for example, 03CS01(8) (0301) - would reference control station 03CS01 landed on terminal 8 in the motor control center and continued to tenninal 0301 in the control panel. d. 2 -conductor and 3 -conductors cables to devices shall be labeled with the device tag located on a label on the outer insulation. The individual conductors will have only the motor control center/control panel terminal and the device terminal. As an example for a flowmeter circuit, `05MFMOP'would be located on the outer insulation of the 2 -conductor cable to flowmeter 05MFM01 and (S 140)(1) would be located on one of the conductors, which would represent terminal S 140 in the control panel and terminal 1 at the flowmeter. e. Wires from motor control center I/O or PLC sections to individual MCC units shall be labeled with the MCC equipment tag (MCC tenninal #)(I/O terminal #)—for example, 03TWP0I(5)(C140) - would represent pump 03TWP01 MCC unit wire landed on terminal 5 in the MCC and landed on terminal C140 in the motor control center I/O section. 3.4 CONNECTIONS A. Use the proper high pressure compression tool for terminating indent type compression connectors or terminations on conductors of size #8 AWG or larger gauge. Use an approved pliers or tool for crimping connectors for conductors of size #10 AWG or smaller gauge. B. Make splices or tap connections with filler, and tape that possess equivalent or better mechanical strength and insulation ratings than conductors being connected. Insulate to same thickness as connectors being spliced or connected. C. Shielded cables used for analog signals shall be terminated with not greater than 1 inch of conductor left outside the shield. This applies to field wires entering the panel for termination, and to panel conductors. Conductor twist shall be maintained over the unshielded length to as close as possible to the point of termination. Where the overall jacket is cut back to expose the individual conductors, provide a heat shrink sleeve over the jacket, the signal, and the shield (drain) conductors. Insulate the shield (drain) conductor where not covered by the jacket or the sleeve. Where shield (drain) conductors are not terminated, cut the conductor even with the jacket so that it is covered by the Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-8 sleeve to prevent inadvertent contact with other devices, terminals, or conductors in the panel. D. Connect outlets and components to wiring and to ground as indicated and instructed by manufacturer, and in compliance with other Sections of Division 16. E. Tighten electrical connectors and terminals according to manufacturer's published torque - tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Engage a qualified testing agency to perform field quality -control testing. B. Test installation of wires and cables before electrical circuitry has been energized. 1. Test wire and cable installation, when complete and seventy-two hours prior to energization of the system. 2. Procedures: Perform each visual and mechanical inspection and electrical test stated in NETA ATS, Section 7.3.2. Certify compliance with test parameters. 3. Remove and replace conductors with visible damage on conductor insulation ends due to installation in an incomplete or damaged conduit system such as, but not limited to, missing bushings or burrs on conduit ends. C. Correct malfunctioning conductors, cables, and connections at Project site, where possible, and retest to demonstrate compliance; otherwise, remove and replace with new materials and retest. END OF SECTION Project WW02-2010 Conductors and Cables Upgrade and Expansion of Wastewater Utility SCADA System 16120-9 SECTION 16130 RACEWAYS AND BOXES PART 1—GENERAL 1.1 RELATED DOCUMENTS A. Ggeneral provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. This Section includes raceways, fittings, boxes, enclosures, and cabinets for electrical wiring. 1. Raceways include the following: a. RMC. b. PRMC. C. EMT. d. FMC. e. LFMC. f. PVC. g. RTRC h. Wireways. i. Surface raceways. 2. Boxes, enclosures, and cabinets include the following: a. Device boxes. b. Outlet boxes. C. Pull and junction boxes. d. Cabinets and hinged -cover enclosures. B. Related Sections include the following: 1. Section 16050 for raceway and box supports. 2. Section 16120 for conductors installed in raceways and boxes. 1.3 DEFINITIONS A. EMT: Electrical metallic tubing. B. FMC: Flexible metal conduit. C. LFMC: Liquidtight flexible metal conduit. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-1 D. RMC: Rigid metal conduit. E. PRMC: PVC coated rigid metal conduit. F. PVC: Rigid polyvinyl chloride conduit. G. RTRC: Reinforced thermosetting Resin Conduit (Fiberglass). H. NPT: National Pipe Thread I. NEMA: National Electrical Manufacturers Association J. ANSI: American National Standards Institute 1.4 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. 1.5 QUALITY ASSURANCE A. Refer to Section 16010 Paragraph 1.7. 1.6 COORDINATION A. Coordinate layout and installation of raceways and boxes with other construction elements to ensure adequate headroom, working clearance, and access. B. Coordinate conduit stub up locations with approved equipment shop drawing submittals prior to locating conduit stub ups in the slab. Locate conduit stub ups per equipment manufacture's recommendations and the requirements of the Plans and Specifications. 1.7 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for raceways and boxes, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 METAL CONDUIT AND TUBING A. RMC: 1. Conduit: Hot dipped galvanized steel with threaded ends meeting ANSI C80.1. 2. Couplings: unsplit, NPT threaded steel cylinders with galvanizing equal to the conduit. 3. Nipples: same as conduit, factory made through eight inches, no running threads. B. PRMC (PVC -Coated Rigid Steel Conduit and Fittings): NEMA RN 1. 1. Minimum 40 mil exterior PVC coating, and 2 mil interior urethane coating 2. Manufacturers: Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-2 a. RobRoy Industries b. Thomas & Betts Ocal C. KorKap C. EMT: 1. Conduit: Galvanized steel tubing meeting ANSI C80.3. 2. Couplings: steel, cast iron, or malleable iron compression type employing a split, corrugated ring and tightening nut, with integral bushings and locknuts. No indent or setscrew type. D. FMC: 1. Conduit: flexible, galvanized steel convolutions forming a continuous raceway. 2. Connectors: galvanized steel, screw in or clamp style, approved for grounding. E. LFMC: 1. Conduit: flexible, galvanized steel convolutions forming a continuous raceway, covered by a liquid tight PVC layer. Electri-Flex Type LA or American Sealtite, Type UA. The use of thinwall conduit is not permitted. 2. Connectors: Hot -Dip galvanized steel or hot -dip galvanized malleable iron, screw in ferrule which covers the end of the conduit inside and out, insulated throat, approved for grounding. Provide with gland nut with integral ground lug for connectors to motors rated 10 horsepower and larger. O-Z/Gedney Type 4Q series, or approved equal. 2.2 RIGID NONMETALLIC CONDUIT (RNC) A. Rigid nonmetallic conduit (RNC) includes PVC and RTRC per NEC Article 352 (Rigid Polyvinyl Chloride Conduit: Type PVC) and NEC Article 355 (Reinforced Thermosetting Resin Conduit: Type RTRC) and as follows: 1. PVC: a. NEMA TC 2, Schedule 40 or 80 PVC. b. Fittings: NEMA TC 3; match to conduit or conduit/tubing type and material. 2. RTRC: a. NEMA TC 14 b. UL 1684 2.3 OUTLET AND DEVICE BOXES A. Concealed in dry indoor locations, flush mounted in walls: Stamped steel, deep drawn one piece (without welds or tab connections), galvanized, with knockouts for conduit or Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-3 connector entrance, meeting NEMA OS 1, and with plaster or extension rings to suit construction and application. B. Exposed dry locations which are not hazardous or are not in process areas: Stamped steel, deep drawn one piece (without welds or tab connections), galvanized, with knockouts for conduit or connector entrance, meeting NEMA OS 1. Boxes 8'x8'x4'or larger may be code gauge fabricated steel continuously welded at seams and painted after fabrication. Covers shall be of the same material and finish as the device box. C. Exposed outdoors, below grade, wet locations, or exposed in indoor locations in process areas which are not hazardous: galvanized, cast iron alloy box, one piece, with threaded holes or hubs, integral mounting lugs and with neoprene gaskets and galvanized cast iron alloy cover (covers shall be of the same material and finish as the device box). D. Exposed corrosive locations: PVC coated cast iron or stainless steel boxes with threaded hubs, integral mounting lugs and PVC coated covers. Covers shall be of the same material and finish as the device box. E. Exposed hazardous locations (whether dry, wet, or corrosive): explosion proof, galvanized, cast iron alloy box, one piece, with threaded holes or hubs, integral mounting lugs and with neoprene gaskets and galvanized cast iron alloy cover. Covers shall be of the same material and finish as the device box. 2.4 PULL AND JUNCTION BOXES A. Concealed in dry indoor locations, flush mounted in walls: Stamped steel, deep drawn one piece (without welds or tab connections), galvanized, with knockouts for conduit or connector entrance, meeting NEMA OS 1, and with plaster or extension rings to suit construction and application. B. Exposed dry locations which are not hazardous or are not process areas: Stamped steel, deep drawn one piece (without welds or tab connections), galvanized, with knockouts for conduit or connector entrance, meeting NEMA OS 1. Boxes 8'x8'x4'or larger may be code gauge fabricated steel continuously welded at seams and painted after fabrication. Covers shall be of the same material and finish as the device box. C. Exposed outdoors, below grade, wet locations, or exposed in indoor locations in process areas which are not hazardous: Cast -Metal Boxes meeting NEMA FB 1, with gasketed screw down cover. Boxes 6x6x4'or larger may be code gauge fabricated stainless steel continuously welded at seams and with rubber gasketed covers. Hoffinan or equal. Covers shall be of the same material and finish as the device box. Device boxes associated with control stations shall be the same material as the disconnect and control station enclosure. D. Exposed corrosive locations: PVC coated cast iron or stainless steel boxes with threaded hubs, integral mounting lugs and PVC coated covers. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-4 E. Exposed hazardous Locations: locations (whether dry, wet, or corrosive): explosion proof, galvanized, cast iron alloy box, one piece, with threaded holes or hubs, integral mounting lugs and with neoprene gaskets and galvanized cast iron alloy cover. Covers shall be of the same material and finish as the device box. F 3M 2.5 IA 2.6 Underground circuits: In accordance with the Washington State Department of Transportation's Standard Plan No. J-11 a, Design B. Communication circuits (Cable provided under Specification Section 16740): Conduit bodies are not permitted. Junction boxes shall be sized as follows: Maximum Box Size For Each Additional Trade Size of Conduit Increase Conduit Width Length Depth Width 1" 4" 16" 3" 2" 1-3/" 6" 20" 3" 311 1-1/211 2711 11 411 2" 8811 8" 3611 4" 511 MAINTENANCE/PULL HOLES Precast concrete structures with preformed knockout holes for conduit entrance. 1. One-piece, reinforced cast cement concrete with minimum compressive strength of 6,000 psi and suitable reinforcing for the size and construction. 2. Minimum wall thickness 3 inches. 3. Access provided by cast iron round covers traffic rated for H2O loading. MISCELLANEOUS FITTINGS 1. NEMA FB 1; compatible with conduit/tubing materials. 2. Deep socket PVC coupling for connecting RTRC to PVC conduit runs. 3. Conduit bodies shall be cast or malleable iron, hot dipped galvanized. Covers shall be of the same material and finish as the fitting. Appleton, Crouse Hinds, OZ Gedney, or equal. 4. Conduit bushings shall be malleable iron. Locknuts and sealing locknuts in sizes smaller than 2 1/2'shall be steel. Locknuts and sealing locknuts in sizes 2 1/2'and larger shall be malleable iron. Appleton, Cooper Crouse Hinds, OZ Gedney, Thomas Betts or equal 5. Conduit sealing bushings shall be OZ Gedney Type CSM series. Cabinet sealing bushing shall be OZ Gedney Type GRK. 6. Conduit sealing fittings, drains and breathers shall be OZ Gedney Type EY and DB, or equal Appleton or Crouse Hinds. 7. Through wall and floor seals shall be OZ Gedney FS and WS series. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-5 8. Cord grip connectors shall be OZ Gedney CGA, or equal Appleton or Crouse Hinds. 9. External Cable Grip (Kellum's Grip): Woven wire mesh type made of high- strength galvanized or stainless steel wire strand and matched to cable diameter and with attachment provision designed for the corresponding connector. 10. Conduit spacers for direct buried or encased in concrete raceways shall be Underground Devices, Inc."Wunpeece Spacers'or equal. PART 3—EXECUTION 3.1 EXAMINATION A. Examine surfaces and spaces to receive raceways, boxes, enclosures, and cabinets for compliance with installation tolerances and other conditions affecting performance of raceway installation. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 WIRING METHODS A. Install RMC or PRMC unless other raceways are shown on the Contract Documents, are required by Code, or are permitted under these specifications. B. Where the manufacturer of equipment provided by the Contractor recommends or requires RMC for circuits associated with the equipment, provide RMC or PRMC for the entire circuit, even if other conduit types would otherwise be permitted under these specifications. C. Indoors: Use the following wiring methods: 1. Exposed raceway runs in non -process areas which are dry and above grade: EMT or RMC. 2. Exposed in process areas: RMC or PRMC. 3. Exposed in corrosive areas: PRMC 4. Exposed Wet or below grade Locations: RMC or PRMC. 5. Concealed: a. in wood frame walls: EMT or RMC. b. in masonry walls: RNC or RMC. C. In dry accessible building spaces (i.e. above dropped ceilings): EMT or RMC. d. in concrete slab floors, walls or ceilings surrounded by dry areas or in slabs above basements which are not corrosive: PRMC, RMC, or RNC. e. in concrete slab floors, walls or ceilings in contact with earth, water containing tank walls or corrosive areas: PRMC or RNC. f. below slab -on -grade floors: PRMC, RMC or RNC. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-6 1) Use PRMC for underground circuits where metal conduit (RMC) is indicated on the Plans. RMC may be used for indoor underground circuits where specifically noted the Plans. 2) At stub up locations or other locations where the raceway changes from buried to exposed conditions, transition conduit as described in paragraph 3.3: 6. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor -Driven Equipment): FMC; except where RMC (or PRMC) is used, use LFMC. Do not use flexible conduit in place of elbows, offsets, or fittings to attach to equipment. See below for further requirements for the installation of raceway terminations and connections using flexible connections. D. Outdoors: Use the following wiring methods: 1. Exposed: RMC or PRMC. 2. Exposed in corrosive locations: PRMC 3. Concealed in concrete slab: RNC or PRMC 4. Below slab -on -grade, or in earth (backfill): RNC =or PRMC. a. Use PRMC where metal conduit (RMC) is indicated on the Plans for underground circuits. It is not permissible to use RMC in outdoor below grade locations. b. At stub up locations and at entrances to buildings or other locations where the raceway changes from buried to exposed conditions, transition conduit as described in paragraph 3.3: 5. Connection to Vibrating Equipment: LFMC. Do not use flexible conduit in place of elbows, offsets, or fittings to attach to equipment. See below for further requirements for the installation of raceway terminations and connections using flexible connections. E. Concrete encased ductbank: RNC, or PRMC. F. Comply with additional requirements of Section 16740 Paragraph 3.3 for installation of raceways for communications circuits. 3.3 INSTALLATION A. Install raceways, boxes, enclosures, and cabinets as indicated, according to manufacturer's written instructions. Provide a raceway for each circuit indicated. Do not gang raceway into wireways, pullboxes, junction boxes, etc., without specific approval. Do not group home runs or circuits without approval of the Owner. B. Minimum Raceway Size: 1 inch trade size for underground or imbedded circuits, 1 inch trade size for communications circuits, 3/4 inch trade size for other circuits. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-7 C. Provide PRMC or RTRC elbows for all RNC runs where conduit transitions horizontally or vertically. Provide long radius elbows (sweeps) for conduit runs containing VFD cables (sweeps shall also meet minimum bend radius requirements of VFD cables). Where RTRC is used in PVC runs, provide elbows with factory attached socket PVC couplings. D. Install conduit as a complete, continuous system without wires, mechanically secure and electrically connected to all metal boxes, fittings and equipment. Blank off all unused openings using factory made knockout seals. E. Install conduit exposed unless shown otherwise on the Plans. F. Do not install raceway in the slab or below grade/slab unless specifically shown on the Plans as being installed in the slab or below grade/slab. G. Run parallel or banked raceways together, on common supports where practical. Use factory elbows where elbows can be installed parallel; otherwise, provide field bends for banked raceways. Make bends in parallel or banked runs from same centerline to make bends parallel. H. Wherever practical, route conduit with adjacent ductwork or piping and support on common racks. Base required strength of racks, hangers, and anchors on combined weights of conduit and piping. I. Exposed Conduit Installation: 1. Install exposed raceways in lines parallel or perpendicular to the building or structural members or the structure lines except where the structure is not level. Follow the surface contours as much as practical. Do not install crossovers or offsets that can be avoided by installing the raceway in a different sequence or a uniform line. Provide adequate headroom. 2. Where several circuits follow a common route, stagger pullboxes or fittings, or if shown grouped in one box, individually fireproof each conduit. 3. Support exposed raceways as specified in Section 16050. a. Provide anchors, hangers, supports, clamps, etc. to support the raceways from the structures in or on which they are installed. Do not space supports further apart than ten feet. b. Provide sufficient clearance to allow conduit to be added to racks, hangers etc. in the future. C. Support raceway within three feet of every outlet box, junction box, gutter, panel, fitting, etc. d. Raceway in "wet" areas shall have clamp backs (spacers) or other appropriate spacers to hold them a minimum of/z inch off the surface. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-8 Horizontal runs on the roof surface shall be blocked at every 5 feet to hold them a minimum of 2 inches above roof surface. Raceway concealed above ceilings, in furred spaces, under slab, embedded in slab etc., which are normally inaccessible may be run at angles not parallel to the building lines. K. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes or other heat sources operating at temperatures above 40° C (104° Fahrenheit). Install horizontal raceway runs above water and steam piping. L. Where conduits cross building or structure expansion joints, use suitable sliding or offsetting expansion fittings. Unless specifically approved for bonding, use a suitable bonding jumper. For sizes one inch and smaller, a half -loop of flexible conduit between boxes or fittings may be used. M. Install concealed raceway in wall or ceiling construction and/or place below the slab in a shallow trench. Do not install conduit in slab unless shown to be installed in slab on Contract Document drawings. The top of conduits installed in the shallow trench shall be at least 3 inches below the bottom of the slab. Do not run conduit just below the slab or at the edge of the slab. Embed raceway in masonry in the hollow core. Horizontal runs in the joint are not permitted. N. Where conduit is shown on the plans or called for to be embedded or run in concrete walls, embed conduit in concrete walls or slabs a minimum of two inches from the exterior of the concrete and between steel reinforcing mats or to the center of the concrete with respect to the concrete. It is not permissible for conduit to be in direct contact with reinforcing mats. 1. Do not place conduit in concrete less than five inches thick. 2. Sizes larger than one inch are not permitted embedded in concrete unless shown otherwise on the plans. 3. Conduit embedded in concrete may run at angles to the structure or slab line. 4. Crossovers in concrete are not permitted unless otherwise noted on the Plans. O. Underground raceway runs 1. Run as straight as practicable. Make changes in direction and/or grade of sufficient length to allow a gradual change (three foot radius minimum). Make slight offsets with five degree couplings. 2. Run trench true, and clear of stones or soft spots. Place three inches of fine sand in the trench bottom and tamp into place. Provide preformed plastic spacers on top of sand spaced five feet on center where more than one conduit is placed in a trench. After the raceway is placed in the trench, backfill to six inches above top of conduits with sand, then with native earth backfill passing a No. 8 sieve, free of stones. Do not tamp on top of the conduit until the final backfill is placed. Tamp Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-9 or water settle the final backfill to finish the grade. Compact the backfill as specified under Division 2 . 3. Mark direct buried conduit by an underground line warning tape as described in Section 16050. 4. Clean underground and embedded conduit two-inch size and above with a wire brush or swab, followed by a mandrel not less than twelve inches long and approximately one-quarter inch smaller in diameter than the conduit internal diameter. P. Where raceway exits from grade or concrete, provide the following: 1. For runs exiting from grade, slabs or encasement, transition to one of the following for a minimum of 24" inches of raceway (including elbows) before exiting and for vertical runs, a minimum of 3" beyond the exiting point: 1) PRMC 2) RMC taped with a half lapped wrap of Scotchrap No. 51 plastic tape (40 mil total thickness). The conduit shall be wrapped a minimum of 3" above the exiting point and at least 24'of raceway below the exiting point (at a minimum, the rigid steel elbow and conduit located at/above the exiting point shall be fully wrapped). 3) RMC coated with Koppers Bitumastic No. 505. 4) RTRC 2. Do not extend plastic conduit (PVC or RTRC) above grade, into buildings, or equipment. 3. For equipment to be moved into place at a later date, install a coupling flush with the floor slab and a threaded flush plug. Q. Stub -ups: 1. Coordinate conduit stub up locations with approved equipment shop drawing submittals prior to locating conduit stub ups in the slab. Locate conduit stub ups per equipment manufacturers recommendations and the requirements of the Plans and Specifications. 2. Where conduits are stubbed up into switchgear, motor control centers, floor standing switchboards, and similar open bottom equipment, do not extend the conduit, including end fittings, more than 3 inches above the bottom of the enclosure. Stub conduits to a uniform height (plus or minus 1/8 inch) and align conduits within plus or minus 1/4 inch in rows parallel or perpendicular to the building structure. Terminate conduit with an insulating, grounding type bushing bonded to the ground bus of the equipment. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-10 3. Locate stub -ups directly under the enclosure access point or section gutter into which the conductors they contain are to be routed. 4. Arrange stub -ups so that no curved portion of bends are visible above the finished slab. 5. Protect stub -ups from damage where conduits rise through slabs or out of wall by installing a steel bushing or coupling on the threaded end before slab is poured. R. Bend and offset metal conduit with hickey or power bender, standard elbows, conduit fittings or pull boxes. Bending of PVC shall be by hot box bender and, for PVC two inches in diameter and larger, expanding plugs. Make elbows, offsets and bends uniform and symmetrical. Make bends and offsets so ID is not reduced. Keep legs of bends in the same plane and straight legs of offsets parallel, unless otherwise indicated. S. Support conduit connections to motors or other equipment independently of the motor or equipment. Rise or drop vertically to the nearest practicable point of connection to the unit. Run vertical drops to the floor and fasten with a floor flange. Unsupported drops are not permitted. Horizontal runs on the floor or on equipment are not permitted. Drop or rise at the appropriate closest location. Run conduit on equipment frames or supports to closely follow the contours of the equipment. Locate conduit to maintain access to all equipment services and adjustment points and so as not to interfere with operation of the equipment. T. Connect conduit to hubless enclosures, cabinets and boxes with double locknuts and with insulating type bushings. Use grounding type bushings where connecting to concentric or eccentric knockouts. Connect to enclosures, boxes and devices from below in wet areas. Make conduit connections to enclosures at the nearest practicable point of entry to the enclosure area where the devices are located to which the circuits contained in the conduit will connect. U. Penetrations for raceways: Do not bore holes in floor and ceiling joists outside center third of member depth or within two feet of bearing points. Holes shall be one inch diameter maximum. 2. Penetrate through building or structure wall or surfaces with a PVC or sheet metal sleeve with at least '/" greater interior diameter (ID) than conduit exterior diameter (OD), set flush with walls, pack with fiberglass and seal with silicone sealant and cover with escutcheon plate. 3. Penetrate through poured -in-place or below grade walls and free slabs, with a sleeve. Set sleeves flush with forms or edges of slab/wall. Pack around conduit with fiberglass and seal with silicone sealant. For penetrations below exterior grade, provide a floor or wall sealing fitting on the interior of the building wall. 4. Penetrate through roofs with core drill hole V2 inch to 1 inch larger than conduit, flash with neoprene, caulk conduit in place and seal with silicone sealant under flashing. Sleeve roof opening where non -concrete roof construction occurs. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-11 V. Raceway terminations and connections: 1. Join raceways with fittings designed and approved for the purpose and make joints tight. 2. Make threaded connections waterproof and rustproof by application of a watertight, conductive thread compound. Clean threads of cutting oil before applying thread compound. 3. PRMC: Use only fittings approved for use with that material. Patch all nicks and scrapes in PVC coating after installing conduits. 4. Make raceway terminations tight. Use bonding bushings or wedges at connections subject to vibration. Use bonding jumpers where joints cannot be made tight. 5. Cut ends of conduit square with hand or power saw or pipe cutter. Ream cut ends to remove burrs and sharp ends. Make conduit threads which are cut in the field to have same effective length and same thread dimensions and taper as specified for factory -cut threads. 6. Flexible Connections: Use maximum of 18 inches of flexible conduit for equipment subject to vibration, noise transmission, or movement,such as motors, transformers, generators or similar equipment or equipment such as instruments which must be removed for service. Install flexible conduit in a straight length. Do not use flexible conduit in place of elbows, offsets, or fittings to attach to fixed equipment such as panels, enclosures or switches. With the Ownefs approval, longer lengths of flexible conduit may be used for connection to items of equipment which require longer lengths for installation (i.e. 2" conduits and larger) and removal of the equipment for maintenance or replacement purposes. Recessed and semi -recessed lighting fixtures may use up to 6 feet of flexible conduit, or 11 feet of pre -manufactured lighting"whips'. Use liquid -tight flexible metal conduit in wet or damp locations. Do not strap flexible conduit to structures or other equipment. 7. Provide double locknuts and insulating bushings at conduit connections to boxes and cabinets. Align raceways to enter squarely and install locknuts with dished part against the box. Use grounding type bushings where connecting to concentric or eccentric knockouts. In"wet'areas, use locknuts of the sealing type, use Myers hubs or O-Z/Gedney rain tight conduit hubs. 8. Connect conduits to enclosures at the location of the gutter or device to which the contained conductors will be routed. Route or stub conduits to motors and/or mechanical equipment directly to the connection and locate as close as possible to equipment terminals. 9. Where a device manufacturer requires a device or junction box to permit multiple conduit entries into the device from a single conduit, provide the device or junction box at no additional cost to the Owner. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-12 10. Where raceways are terminated with threaded hubs, screw raceways or fittings tightly into the hub so the end bears against the wire protection shoulder. Where chase nipples are used, align raceways so the coupling is square to the box and tighten the chase nipple so no threads are exposed. 11. Place conduits at panelboards in the rear line of knockouts where possible. Install spare conduits from flush -mounted panels up to accessible spaces. Install a minimum of one spare three-quarter inch conduit for every three single -pole spare breakers or spaces, or fraction thereof (three conduits minimum). W. Keep conduits clean and dry and close each end left exposed. When blowing through conduits, cover electrical components installed in enclosures to avoid blowing dirt or water into equipment. Use temporary closures to prevent foreign matter from entering raceways. X. Install pull wires in empty raceways and in empty innerduct. Use No. 14 AWG zinc - coated steel or monofilament plastic line with not less than 200-1b tensile strength. Leave at least 8 inches of slack at each end of the pull wire. Y. Seal interior of raceways around conductors at (1) hazardous locations, (2) where conduits pass from warm to cold locations, such as the boundaries of air conditioned, heated or refrigerated spaces and where conduits enter or exit buildings from outdoor areas, including underground ducts or conduit runs or (3) where otherwise required by NFPA 70. 1. Methods used to seal interior of raceways around conductors shall be as follows: a. Install raceway sealing fittings according to manufacturers written instructions. Locate fittings at suitable, approved, and accessible locations. For hazardous locations, fill them with UL -listed sealing compound. For non -hazardous areas, fill with expansive foam or Ducseal. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Boxes that have electrical devices installed (switches, receptacles etc.) shall not be used in place of a dedicated steel box for installation of the fitting that will house the sealing material. b. Seal conduits using expansive foam or Ducseal where conduits enter through the bottom of motor control centers, switchboards, panelboards and control panels. C. Seal conduits using expansive foam or Ducseal for individual items of equipment where it is not practical to install raceway seal fittings such as building mounted lighting fixtures and convenience receptacles. d. As otherwise required by NFPA 70. Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-13 Z. Surface Raceways: Install a separate, green, ground conductor in raceways from junction box supplying the raceways to receptacle or fixture ground terminals. 1. Select each surface raceway outlet box, to which a lighting fixture is attached, of sufficient diameter to provide a seat for the fixture canopy. 2. Provide surface metal raceway outlet box, and the backplate and canopy, at the feed -in location of each fluorescent lighting fixture having end -stem suspension. AA. Device and Outlet Boxes 1. Coordinate box locations with building surfaces and finishes to avoid bridging wainscots, joints, finish changes, etc. 2. Recess boxes in the wall, floor, and ceiling surfaces in finished areas or where noted on the Plans. Set boxes plumb, level, square and flush with finished building surfaces within one -sixteenth inch for each condition. Set boxes so that box openings in building surfaces are within one-eighth inch of edge of material cut-out and fill tight to box with building materials. Boxes shall be backed with box supports (Caddy Model TSGB, SGB, steel or wood stud backers) that span a minimum of two studs or joists to prevent rotation on studs or joists and to prevent twisting or deflection during wall, ceiling, or floor surface material installation. The use of supports that do not span a minimum of two studs are not permitted without permission from the Owner Provide attachments to withstand a force of one -hundred pounds applied vertically or horizontally. 3. Use gang boxes in indoor areas wherever more than one device is used at one location. In wet, corrosive or hazardous areas, use multiple double gang boxes. 4. Boxes in wet areas shall be surface mounted on channel iron stanchions or set with spacers on walls and shall be attached with clamps or feet (drilling or punching enclosure to mount through side of box or enclosure is not permitted), and they shall have all conduit connections from below arranged to drain moisture away with suitable EYD drains installed at the bottom. It is not permissible to install conduits into the top and side of the boxes at exterior locations unless otherwise noted on Plans. 5. Attach exposed (surface mounted) boxes to building structure with a minimum of two fasteners. Provide attachments to withstand a force of one -hundred pounds applied vertically or horizontally. 6. Set exposed device boxes four feet above the finished floor to top of the box unless otherwise noted on the Plans. 7. Set exposed boxes for lighting switches at 44 inches above the finished floor and within one foot of the door opening on the strike or lock side of the door or on the side closing last. 8. Set recessed boxes at the following heights to the bottom of the box, except where noted otherwise: Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-14 a. convenience outlet receptacles in finished areas at sixteen inches; b. lighting switches, dimmers, etc. at forty-four inches above floor and within one foot of the door opening on the strike or lock side of the door or on the side closing last. C. wall mounted telephones at sixty inches above floor. d. Place boxes for outlets on cabinets, countertops, shelves, and similar electrical boxes located above countertops two inches above the finished surface or two inches above the back splash. Verify size, style, and location with the supplier or installer of these items before installation. 9. Arrange boxes used in wet areas to drain moisture away from devices or enclosures for equipment and make conduit connections from below. 10. Set floor boxes level and adjust to finished floor surface. BB. Install pullboxes for underground raceway systems true to line and grade. Provide a compacted foundation of fine sand or three-eighths minus crushed rock for the bearing surface edges of the pullboxes. CC. Install wall or surface mounted enclosures and cabinets plumb. Support at each corner. DD. Conduit entrances into communications junction boxes may be made from two parallel sides only. (Conduit entrances in perpendicular sides are not acceptable.) No cable may be routed to exit and enter the same side of the junction box. All cables must be routed from one side of the junction box to the opposite side. Cable routed so that the cable bend radius is less than the minimum bend radius allowed under Specification Section 16740 is not permitted. 3.4 PROTECTION A. Provide protection and maintain ambient conditions, in a manner acceptable to manufacturer and Owner, that ensure coatings, finishes, and cabinets are without damage or deterioration at the time of Substantial Completion. 1. Repair damage to galvanized finishes with zinc -rich paint recommended by manufacturer. 2. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. 3.5 CLEANING A. On completion of installation, including outlet fittings and devices, inspect exposed finish. Remove burrs, dirt, and construction debris and repair damaged finish, including chips, scratches, and abrasions. END OF SECTION Project WW02-2010 Raceways and Boxes Upgrade and Expansion of Wastewater Utility SCADA System 16130-15 SECTION 16910 CONTROLLER SYSTEM HARDWARE PART 1—GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Programmable logic controller (PLC) control system(s), including: a. Hardware, installation, field testing, and training. B. Related Sections include the following: 1. Section 16940 for control panels housing PLC equipment. 2. Division 17 for PLC Programming. 1.3 REFERENCES A. Referenced Standards: 1. National Electrical Manufacturers Association (NEMA): a. ICS 1, General Standards for Industrial Control and Systems. b. ICS 1. 1, Safety Guidelines for the Application, Installation and Maintenance of Solid State Control. C. ICS 4, Terminal Blocks for Industrial Use. d. ICS 6, Enclosures for Industrial Controls and Systems. e. Publication No.250, Enclosures for Electrical Equipment (1000 V maximum). 2. National Fire Protection Association (NFPA): a. National Electric Code (NEC). 1.4 SYSTEM DESCRIPTION A. Design Requirements 1. The system includes racks, central processing units (CPUs), input/output (I/O) modules, communication modules, power supplies, and associated accessory items to provide a complete and functional control system. Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-1 B. The PLCs will function to monitor and control site operation and communicate with other locations via Ethernet. C. The Contractor shall download the PLC program (see Division 17) into each PLC, and shall start up the PLC and equipment monitored and/or controlled by the PLC. D. The PLC, operator interface, and network switches specified below are required. The ancillary equipment, such as protocol bridges, protocol gateways, serial device servers, etc, may not be needed if the design does not require them. If the equipment is needed, provide equipment meeting specifications. E. Performance Requirements 1. The installed system performs the functional and operational algorithms required for control of the process. 1.5 SUBMITTALS A. Product Data 1. Manufacturer's data sheets for each hardware component including specific model numbers for each device, and size of memory provided in each CPU. 2. Manufacturer's installation manual, operation and maintenance manual(s) for each component and/or device. B. Shop Drawings: 1. Drawings a. See Section 16940 for requirements. 2. Schedule of system I/O including the following data: a. I/O point, with name, tag number, and indication of type and the characteristics of the I/O signal. 3. Listing of spare parts provided with the system. C. Operation and Maintenance Manuals: 1. See Section 0 13 00. 2. Provide specific information including: a. Manufacturer's published operation and maintenance manual, and troubleshooting guide. b. Information for obtaining assistance and troubleshooting, parts ordering information, and field service personnel requests. 3. Include final system drawings, and final I/O lists. Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-2 1.6 QUALITY ASSURANCE A. Refer to Section 16010 paragraph 1.7 . 1.7 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for programmable logic controllers, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 MANUFACTURERS A. Subject to compliance with the requirements, provide products by the following manufacturers: 1. Siemens 2.2 EQUIPMENT A. Conform to NEMA ICS 1.1 for installation and application of the PLC system. 2.3 COMPONENTS A. Provide components as indicated. B. Provide all incidental materials and equipment required for a complete, functional, and successfully operating PLC system. These items include, but are not limited to: 1. power supplies 2. chassis racks 3. interconnecting cables 4. slot covers for unused chassis slots 5. other items ordinarily furnished as part of a complete system C. PLC System Central Processor Unit (CPU): 1. Siemens 57-300 CPU 314 or higher D. Input/output (I/O) Modules. 1. Discrete 1/0 modules: a. Input module: 1) 24 VDC or 120 VAC input modules for typical 1/0 2) 24 VDC input modules to monitor transistor inputs, for any inputs sharing conduit pathway with analog loops, or typical 1/0. b. Output Module Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-3 E F G 1) Relay 2) 24 VDC with interposing relays for each point. 3) 120 VAC triac with interposing relays for each point. a) An interposing relay is not required for circuits starting motor starters in the same MCC. 2. Analog I/O modules: a. Input modules. 1) 4-20 ma 2) The resolution of a 4-20 ma signal shall be at least 10 bits. The accuracy shall be at least 9 bits. b. Output modules. 1) 4-20 ma 2) The module shall be able to generate requested outputs to an accuracy of ±0.05 ma or better. Power Supply Units: 1. Each unit sized to supply the connected PLC system components operating at full capacity, plus an additional 20% spare capacity, minimum. 2. Input is 120 VAC, 60 HZ, single phase. Communications Modules: 1. Serial port speaking Modbus/RTU: a. Provide an isolated RS -232 / RS -485 converter, B&B Electronics 485DRCI or equal to isolate RS -232 ports. If the port is integral CPU module, it shall be configured to use RS -232 and a RS -232 / RS -485 converter shall be provided to isolate the port. 2. 10 Base T / 100 Base TX Ethernet port using one of the following protocols: a. Ethernet/IP (CIP) b. Ethernet/IP (PCCC) C. Modbus/TCP d. Any Siemens Ethernet protocol accessible via the KEPServerEX Siemens OPC Server Suite. C. ProfiNET 3. Scanner / Adapter for Remote VO a. The Remote I/O and PLC sections shall use the same models for I/O modules Operator Interface Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-4 I . Provide Operator Interface (OI) suitable for installation through control panel door. Every operator interface shall meet the following requirements: a. Have a graphical screen and be touchscreen sensitive for operator input. b. Shall not degrade the environmental rating of the enclosure to which it is installed C. In larger control panels screen shall be of at least 12' (measured diagonally) TFT LCD display, with a resolution of at least 1024X768 pixels. Screen shall be capable of at least 1 M color displays. In smaller control panels, where the larger screen will not physically fit, screen shall be the largest feasible of Tor 9' (measured diagonally) TFT LCD display, with a resolution of 640X480 pixels and be capable of at least 256 color displays. d. Capable of collecting SCADA data from PLCs from an Ethernet protocol (Ethernet/IP, Modbus/TCP, or similar) and capable of collecting SCADA data from VFDs via an Ethernet protocol (Modbus/TCP). The operator interface must be able to collect the SCADA data independently of any other operator interface or computer software. e. Shall be from the same manufacturer as the PLCs. f. Provide a unit with 120 VAC to 24 VDC power supply, and Ethernet communications H. Protocol bridges 1. shall bridge Modbus/RTU, DF I, Modbus/TCP, Ethernet/IP, and AB/Ethernet 2. shall be DIN rail mounted 3. shall be suitable for use with 24 VDC power 4. shall have at least two serial ports 5. shall be capable of functioning as a serial device server 6. shall be Digi International DigiOne IAP I. Serial Device Server 1. shall provide at least 4 EIA/TIA serial ports 2. shall allow software selection of RS -232, RS -422, or RS -485 serial signalling 3. shall be suitable for use with 24 VDC power 4. shall be B and B Electronics ESP904, Lantronix MSS4, or equal. J. Specialty Protocol or Fieldbus Protocol Converter I . shall convert signaling and make available to a Modbus/TCP client thorough use of holding registers 2. shall be manufactured by Prosoft, Red Lion, Digi International or equal K. Ethernet Switches (At control panels at WWTP) Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-5 I . Switches shall be Cisco 2960C 2. Provide mounting kits, cable management kits, and accessory needed to deploy in to existing control panels 3. Provide LAN Base switch software. 4. Provide Cisco SMARTnet next business response for no less than 3 years. This is in addition to the limited lifetime warranty. 5. RJ45 ports shall a. be constructed with that screened cables can connect to signal ground via metal RJ45 jacks b. auto -negotiate 10 Base T / 100 Base TX C. auto -negotiate MDI/MDIX 6. Fiber ports (where required) shall a. fiber port shall be 1000 Base SX (Multi -Mode) or LX/LH (Single Mode) b. be duplex LC type C. accept multi -mode 50/125 µm OM3 grade fiber 7. Switches shall be powered from 120 Volts, 60 Hertz, 1 phase Alternating Current. L. Ethernet Switches (Fiber Aggregator Switch at WWTP) 1. Switches shall be Cisco Catalyst 4500 or 3750X 2. Provide enough fiber downlink ports such that the failure of a single fiber switch module (Catalyst 4500) or single switch (Catalyst 3750X) will not cause a network disruption 3. Provide mounting kits, cable management kits, and accessory needed to deploy in to City Provided 19' equipment rack. 4. Provide IP Base switch software with the ability to route between VLANS as needed 5. Provide Cisco SMARTnet next business response for no less than 3 years. This is in addition to the limited lifetime warranty. 6. RJ45 ports shall a. be constructed with that screened cables can connect to signal ground via metal RJ45 jacks b. auto -negotiate 10 Base T / 100 Base TX / 1000 Base T C. auto -negotiate MDI/MDIX 7. Fiber ports shall a. be 1000 Base SX (Multi -Mode) or LX/LH (Single Mode) b. be duplex LC type C. accept multi -mode 50/125 µm OM3 grade fiber Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910 8. Switches shall be powered from 120 Volts, 60 Hertz, 1 phase Alternating Current. Arrange power and UPS such that a failure of a single power supply or UPS will reduce the power available to the switch by at most 50%, but enough power supply capacity remains for the switch(es) to not interrupt communications between disparate buildings. a. Chassis switch shall have at least two power supplies, sufficient that a single power supply may power the entire switch chassis. b. The stackable switches may use an external power sharing device (XPS- 2200) with StackPower cables or if there are 4 or less switches in the stack, use the StackPower built into the switches. C. Provide 2 UPS and evenly distribute between UPS. Provide power strips as needed. M. Software Alarm Dialer Computer (At City Corp Yard) 1. The City shall provide a virtual host on which the Contractor shall install all needed software, licenses, digital rights, configurations to provide a fully functional software based alarm dialer system. 2. Provide external, USB powered and connected data modem compatible with computer, virtual host operating system, and alarm dialing software. Provide HIRO H50113 or equal. 3. Provide SpecterControls Win -911 or equal. Provide latest edition with 1/0 servers as needed to meet process control requirements as described under Division 17. N. Through Bulk Head Ethernet RJ45 (8 contacts, 8 position) coupler with convenience receptacle 1. RJ45 jack on either side of bulkhead 2. Must include dust cover on external side to protect RJ45 jack 3. Must be rated to similar to the control panel 4. Shall be one of the following or similar: a. Grace Engineered Products, Inc. Graceport P-R2-F3RO b. Automation Direct ZIPPort ZP-PSA-16-101 C. Lapp Systems 16-1-45CS 2.4 ACCESSORIES A. Provide all accessories required, whether indicated or not, for a complete PLC control system to accomplish the requirements of the Plans and Specifications. 2.5 SOFTWARE A. Provide the most recent versions of all software required to program the PLC, OI, Protocol Bridges, Specialty or Fieldbus Converters, and serial device servers (as necessary) to the Owner. Turn all licenses, software keys, activation codes, and any other Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-7 digital usage rights identifier (including dongles, USB keys, etc.) over to the Owner. The Owner shall retain these rights to the software in perpetuity. Provide downgrade rights if needed to comply with manufacturers best practices. If the Owner already owns licenses, it is acceptable to Upgrade or Update the existing licenses provided the new software may be legally operated alongside the existing software until substantial completion. Provide Siemens SIMATIC Step 7 Integrated Development Software. B. Provide Siemens WinCC. Provide at least the number of"Power Tags'needed for all the unique points identified in the Process Control Description, and Equipment and Instrumentation List with an additional 50% increased capacity. It is acceptable to Upgrade and Update the existing licenses provided the new software may be legally operated alongside the existing software until substantial completion. a. Provide WinCC/Redundancy. Provide at least two licenses. b. Provide WinCC/Central Archive Server. Provide at least one license. C. Provide WinCC/Complete Package. Provide at least one license. d. Provide WinCC/Client Runtime Package. Provide at least four (4) licenses. C. Provide Software Alarm Dialing program compatible with Siemens WinCC. It is acceptable to use additional UO or gateway devices to provide connectivity to the software alarm dialer from the WinCC process visualization package. Provide SpectreControls Win -911 or equal. 2.6 EXTRA MATERIALS A. Provide the following extra materials: 1. Provide one spare processor module for each type of processor module furnished. 2. Provide one spare I/O card for every 10 cards, or fraction thereof, of each type of card installed. 3. Provide one spare power supply for each type of power supply furnished. 4. Provide one spare communications module for each type of module furnished. 5. Provide two spare cables for each type of cable furnished. 6. Provide a list of the manufacturers recommended spares for maintenance purposes. Include in the list any special tools and test equipment necessary or recommended by the manufacturer for the maintenance of the complete system. Provide any recommended spares not supplied above along with the recommended special tools and test equipment. 7. Provide one spare chassis for each type of PLC chassis furnished. 8. Provide 1 spare control panel switch with mounting accessories to the CITY. 9. Provide 1 spare parts for the fiber aggregator switch. Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910 a. If a Catalyst 3750X is supplied, provide 1 switch mounted in the City Provide 19'equipment rack and connect to the switch stack with both a data and power connection. Provide a spare network, SFP module for the spare switch. b. If a Catalyst 4500 is provided, provide a spare fiber (SFP) module and a spare copper 10/100/1000TX port module. C. Provide at least 2 of each type of SFP modules as spares. PART 3—EXECUTION 3.1 TESTING A. Test the PLC and other equipment provided under this section per the requirements of section 16940. 3.2 CONFIGURATION A. Configuration and programming of the Protocol Bridge Configure the IP address and network setting to allow device to be used on network. This may include configuring device in a different VLAN range than the default. 2. Program Modbus/TCP register to other protocol value mappings. 3. Configure serial port parameters to match devices connected to serial port. Test serial parameters by issuing a command to the serial connected device and recording the request and response from the serial connected device. B. Configuration and programming of the Serial Device Server 1. Configure the IP address and network setting to allow device to be used on network. This may include configuring device in a different VLAN range than the default. 2. Configure serial port parameters to match devices connected to serial port. Test serial parameters by issuing a command to the serial connected device and recording the request and response from the serial connected device. C. Configuration and programming of the Specialty Protocol or Fieldbus protocol converter 1. Configure the IP address and network setting to allow device to be used on network. This may include configuring device in a different VLAN range than the default. 2. Configure specialty device or fieldbus signaling profiles. 3. Program Modbus/TCP register to specialty or fieldbus connected value mappings. Configure value mappings such that the variables are word aligned, and contiguous to minimize the number of message transactions required to retrieve status from the associated devices. Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-9 4. Configure serial port parameters to match devices connected to serial ports. Test serial parameters by issuing a command to the serial connected device and recording the request and response from the serial connected device. 3.3 INSTALLATION A. Install the fiber aggregator switch(es) at the Waste Water Treatment Plant (WWTP) in a 19'rack. The rack will be provided and used by the City for mounting additional hardware equipment/devices, but will have space dedicated to mounting of the fiber aggregator switch(es) B. Install PLC control system in accordance with manufacturer's written instructions. Install, test, and troubleshoot program as developed under division 17100. C. Install visualization software on operator interfaces and computers with manufacturer's written instructions. Install, test, and troubleshoot program as developed under division 17200. D. Test, verify and demonstrate access to and functionality of PLC system as per the requirements of Section 16940. END OF SECTION Project WW02-2010 Controller System Hardware Upgrade and Expansion of Wastewater Utility SCADA System 16910-10 SECTION 16940 CONTROL PANELS PART1—GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Provision of new or replacement control panels. 2. Modifications to existing control panels. B. Related Sections include but are not necessarily limited to: 1. Section 16910 for PLC equipment located in control panels. 2. Division 17 Process Control 1.3 REFERENCES A. Referenced Standards: 1. National Electrical Manufacturers Association (NEMA): a. ICS 1, General Standards for Industrial Control and Systems. b. ICS 4, Terminal Blocks for Industrial Use. C. ICS 6, Enclosures for Industrial Controls and Systems. d. Publication No.250, Enclosures for Electrical Equipment (1000 V maximum). 2. National Fire Protection Association (NFPA): a. National Electric Code (NEC). 3. Joint Industrial Council a. JIC-EMP-I. 1.4 SYSTEM DESCRIPTION A. Control Panels 1. The system includes control panels for control and/or monitoring of the process equipment. Control panels shall meet the requirements of this Section. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-1 2. Control panels may include communications equipment for connection to plant and/or City communications network. B. The some equipment specified below may not be needed if the design does not require them. Provide equipment meeting specifications as needed. 1.5 SUBMITTALS A. Shop Drawings: 1. See Section 01300. 2. Dimensioned and to -scale panel layout drawings. 3. Materials of construction. 4. Drawings showing conduit and wiring access locations. 5. Elementary wiring diagrams and terminal block drawings, differentiating between panel and field wiring. 6. Bill of Materials including the reference name or number, quantity, complete English language description, manufacturer, model number, local supplier and wiring or piping reference. 7. Product Information: including manufacturer name, catalog descriptions, ratings, wiring and piping diagrams, dimensional drawings, anchoring details, installation instruction, and test results. 8. Loop diagrams with all components connected per ISA standards. 9. The terminal designation (designations for terminals may be chosen by the panel builder unless noted otherwise on contract drawings) shall be shown on the elementary wiring diagrams, analog loop diagrams, and terminal block drawings. 10. Nameplate text. 11. Enclosures which will not accept the required quantities and sizes of conduits to be connected to the control panel will be rejected. B. Operation and Maintenance Manuals: 1. See Section 0 13 00. 2. Provide manufacturers operating and maintenance manuals for each device or item provided. 3. Recommended spare parts stocking list. 4. Record Drawings of completed control panels. 1.6 QUALITY ASSURANCE A. Refer to Section 16010 paragraph 1.7 . B. Control panels supplied under this Section shall be provided by a single manufacturer. C. Comply with UL 508"Standard for Industrial Control Equipment'. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-2 D. Provide control panels bearing the label of a recognized testing laboratory, or that are otherwise acceptable to the State of Washington Department of Labor and Industries. Modifications to existing control panels must be maintain existing UL or similar labeling or be otherwise acceptable to the State of Washington Department of Labor and Industries. E. Submit and obtain approval of shop drawings and make approved shop drawings available prior to placement of conduits in slabs to ensure placement is coordinated with panel access locations. F. Shop testing of shop fabricated panels is required. Refer to the"Testing'section below for shop test information. G. Field testing of newly installed control panels and modified existing control panels is required. Refer to the"Testing'section below. H. Product Selection for Restricted Space: Space for installation of control panels is limited. Where new or replacement control panels are proposed, is the responsibility of the Contractor to coordinate the size of the control panels with the available space and verify that the proposed control panels are capable of being installed in the available space prior to making a submittal. Control panels of dimensions larger than the available space shall not be submitted. The decision of the Owner as to the acceptability of control panel dimensions will be final. If the larger equipment is deemed acceptable, it is the Contractor's responsibility to provide any required revisions to the existing structural, process, mechanical, electrical, and other designs without additional cost to the Owner. Submit and obtain approval of shop drawings and make approved shop drawings available prior to placement of conduits in slabs to ensure placement is coordinated with control panel access locations from approved shop drawings. Do not place conduits in slabs prior to the receipt of approved shop drawings. Any relocation of conduits that are required because of incorrectly placed conduits prior to receipt of approved shop drawings shall be completed at the Contractor's expense. 1.7 STORAGE AND HANDLING A. Store equipment per requirements of Section 16050 paragraph 1.10 and as follows: 1. After completion of shop assembly and testing, enclose panels in heavy-duty polyethylene envelopes or secured sheeting to provide complete protection from dust and moisture. Place dehumidifiers inside the polyethylene covering. 2. Skid -mount the equipment for final transport. Show shipping weight on shipping tags, together with instructions for unloading, transporting, storing, and handling on job site. Remove equipment protection only after equipment is safe from hazards such as dirt and moisture and damage from construction operations. Field repair of Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-3 material or equipment made defective by improper storage or site construction damage by other trades is not acceptable. 1.8 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for control panels including subcomponents and incidentals, as specified herein, shall be included in the appropriate lump sum bid items. PART 2—PRODUCTS 2.1 MATERIALS A. Control panel enclosures shall be factory UL labeled enclosures fabricated into a rigid, self supporting structure. Panels shall be of NEMA type construction as required for the location indicated on the Plans. Free standing panels shall be provided with channel sills where shown on the Plans. Enclosure conduit entry locations shall be able to accept the quantities and sizes of conduits as shown on the Contract Plans. 1. Welded construction 2. Completely enclosed, self-supporting, and gasketed dust -tight. 3. Seams and corners welded and ground smooth. 4. Provide full length piano hinges rated for 1.5 times the weight of the door and door mounted instruments 5. Furnish doors with keyed alike locking handles and three point catch. 6. Provide each panel with lifting eyebolts. Furnish stainless steel base channels. 7. Provide slotted bolt holes in the base of free standing enclosures, 1 '/2 inches long for field adjustment. B. Hinges: Stainless steel. C. Nameplates: Phenolic. 2.2 COMPONENTS A. The Contractor may not use each component specified below, but for the B. Fuses 1. Control power fuses are FRN for ratings above ten amperes and FNQ for ten amperes and below. FRN fuses are mounted in phenolic blocks with a fuse puller mounted adjacent to them. FNQ fuses are mounted in a Buss CHM1I modular fuseholder with indicator light. Label all fuseholders with fuse identification number and fuse size and type. Provide three spare fuses of each type and size in each panel. 2. Control power fuses connected to non -signaling circuits (for example, solenoids, actuators, relay coils, network switches, PLC power supplies) less than 10 Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-4 C Q amperes and less than 250 volts shall be 13/32'x IM" (10.3 x 38.1 mm) midget or CC type, dual element time delay, supplementary protection fuses. Cooper- Bussmann LP -CC dual element series or Littlefuse CCMR series unless otherwise noted or required by Manufacturer of connected equipment. Provide finger -safe modular fuse holder with blown fuse indicators, Allen- Bradley 1492 -FB, Cooper Bussman CH series, Weidmuller UK 10.3, or equal. Plug-in fuse holders mounted to terminal blocks are not acceptable. 3. Signal power for reference voltage (for example, PLC Input Signals, VFD control circuits, and similar) shall be fast acting fuses 'W' x 1-'/4'AGC or 13/32'x 1-'/I' Midget or CC type fuses. Fuses shall be rated at a minimum of 2 amperes. Fuses shall be manufactured by Cooper Bussmann or Littlefuse. Provide finger -safe tenninal block, lever style Allen-Bradley 1492 -FB series, Phoenix Contact UK series, Weidmuller WSI series, or equal. Plug-in fuse holders mounted to terminal blocks are not acceptable. 4. 5mm x 20mm fuses (for example, Cooper Bussmann GAS) are not acceptable for any application. 5. Provide three spare fuses of each type and size in each panel. Provide box secured to panel door interior for signal power fuses marked"SPARE FUSES'. Provide specialty fuse holder for fuses, Cooper Bussmann 5TPM or similar for control power fuses (or any fuse 13/32'x 1-'/1). Mount to panel door interior. Label above each position the ampere rating of the fuse. Pilot devices (control units and stations): heavy duty, oil -tight type per NEMA ICS -1; pilot lights push -to -test transformer type. 1. Allen-Bradley 2. Cutler -Hammer 3. Furnas 4. General Electric 5. Square D Relays 1. Control relays for switching 120 VAC power circuits or motor starting circuits shall be electro -mechanical machine tool, heavy-duty type per NEMA ICS Standard with 120 volt coils and double -break contacts rated B-300 by NEMA standards: Allen-Bradley 700 N, General Electric CR 120, Gould -ITE J10, Square D Company Class 8501, Type G or equal, Cutler -Hammer. Equip relays with surge suppressers. IEC rated relays are not permitted. 2. Control relays for logic control circuits shall be permitted to be terminal block style type relays. Coils shall be rated 120 VAC or 24 VDC (as required). Contacts shall be double break type rated B300 by NEMA standards. Relays shall have indicator flags. Allen-Bradley, or equal. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-5 3. Time delay relays shall be electronic type Allen Bradley 700 Series or equal. 4. Intrinsically safe relays shall be fixed sensitivity type U/L approved for use with a remote pilot device (dry contact) located in Class 1, Division 1, Group C and D area. Supply power shall be 120 volt AC 60 Hz. Final contact rating shall be 10 amperes or better at 120 volts AC. ISR units shall be as manufactured by GEMS, Stahl, or equal. E. Terminals: 1. Provide DIN rail mounted terminal blocks with screw clamp connections. The terminal blocks shall be Entrelec MA 2,5/5 or equal. 2. Provide all accessories such as jumper bars, end stops, and end sections needed for a complete and functional system of terminal blocks. F. Power supplies shall be 120 VAC input, with adjustable 24 VDC output. Sola Hevi-Duty SDN 2.5-24-100P, or equal. G. 120 VAC to 12 VDC Power Supply / Battery Charger 1. Shall supply 15 amps at 12 VDC nominal (14 VDC max) 2. Shall provide floating -charge to connected battery when battery is fully charged 3. Shall be IOTA Engineering DLS-15 or equal. H. Uninterruptible Power Supplies shall be APC Back -UPS 500 VA (minimum), or equal 1. Supply a Network Management Card with SNMP via 10 Base T / 100 Base TX Ethernet Port. I. Loop Indicators 1. shall be Panel Mount with a NEMA 4X/IP65 Sealed Front Bezel 2. shall have an operating ambient temperature range of at least 0° to 50° C. 3. shall be suitable for use with 120 VAC power 4. shall have an isolated 4-20 ma current loop input 5. shall have aV2"minimum, 4 digit minimum, LED based display showing a value in engineering units that is linearly proportional to the current loop input 6. shall have provisions to adjust the minimum and maximum engineering units 7. shall be a Red Lion PAXD or equal J. Conductors: 1. Class C stranded copper conductors of SIS or MTW insulation (for 120 VAC or 24 VDC power or discrete signal circuits). 2. Stranded #18 AWG copper conductor with thermoplastic insulation, foil or stranded wire shielding, and overall gray PVC jacket (for analog instrumentation circuits). K. Wireways Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-6 I . shall be a minimum of one inch wide and three inches deep 2. shall have removable snap on covers and perforated walls for easy wire entrance 3. shall be constructed of non-metallic materials with a voltage insulation in excess of the maximum voltage carried therein. 4. shall be Panduit Type G, Panel Channel, or equal. L. Surge Protective Device shall be DIN rail mountable without a separate kit, shall have a listed surge current capacity of 45,000 amps, provide transient protection in all modes for a 20 ampere, 120 volt alternating current power circuit, and provide a form C relay output to signal surge arrestor problem. Provide Sola/HEVI-Duty STFE Elite DIN Rail STFE200-1ON or equal. M. I IOVAC Receptacle (for UPS) shall have duplex NEMA 5-15R power receptacle and be DIN rail mountable without a separate kit. Provide Weidmuller DRAC DP 15 or equal. N. Miniature Circuit Breakers. Provide Rockwell Automation 1492 -SP or equal. 2.3 ACCESSORIES A. Panel Nameplates and Identification: 1. Identify each item on the control panel with rectangular nameplates. 2. Provide nameplates of rigid phenolic plastic laminate with engraved lettering or engraved metal plate with filled lettering. Use black background with white lettering. 3. Minimum letter height is V2 inch for instrument description and'/ inch height for instrument tag number. 4. Provide each panel with a 2' by 10' (minimum) main nameplate with inch high lettering with panel identification. 5. Abbreviations are not permitted unless approved by the Owner or specifically shown on the nameplates, schedules, or drawings. 6. Install nameplates plumb and parallel to the lines of doors or structure to which they are attached. Attach to the sheet metal structure by a thin coat of adhesive and sheet metal screws. Make adhesive and screw application in a manner to avoid buckling or distorting nameplates due to use of excessive adhesive or over tightening of screws. PART 3—EXECUTION 3.1 FABRICATION A. General: 1. New control panels shall be factory or shop fabricated units completely assembled, wired and tested before shipment to the job site. Modified control Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-7 panels shall have modifications made on site and shall be wired and tested before modifications ate placed in service. 2. Panel construction, in general, shall meet JIC EMP -1 standards and applicable NEMA and IEEE standards. 3. The panels shall be constructed in accordance with electrical testing laboratory standards and shall be so labeled (the standards of a recognized electrical testing laboratory). 4. Size panels for the enclosed equipment and the available space for mounting of the panel. 5. Panels shall be descaled, cleaned and primed in preparation for painting. Painting shall consist of one coat of flat white enamel in the interior and two coats of hard finish exterior enamel, gray in color for the exterior. Paint shall be suitable for field touch-up. Spare paint (one quart) shall be provided for touch-up purposes. B. Component Installation. 1. Minimize welding to panel fronts and avoid distortion of panel metal. 2. Reinforce around areas of the enclosure weakened by openings or mounting of heavy equipment/components. 3. Accurately and cleanly cut or nibble cut-outs, and finish free of sharp edges or burrs. Make cutouts plumb, level, and on-line vertically or horizontally within 1/32 of an inch where components are in rows or columns. 4. Provide minimum 1-5/8 inches spacing between horizontal rows of externally mounted components; 1-1/2 inches minimum between vertical columns of components. 5. The distance from the bottom row of components to the floor shall be not less than 36 inches, unless specifically shown as less. In general, all indicating lights, pushbuttons, and similar control devices, shall be mounted in accordance with the sequence of operation from left to right and top to bottom. 6. Provide minimum 1/4 inch spacing between components mounted on the panel sub -plate, Provide minimum spacing between the component and the wire duct of 1-1/2 inches above and one inch below. Provide additional space if required to access terminals, adjusting screws, and similar items. 7. Components mounted in the interior shall be fastened to an interior subpanel using machine screws plus adhesive to insure vibration -free attachment. 8. Interior component mounting and wiring shall be grouped as much as possible by function and then by component type. Interiors shall be so arranged that control relays, terminal blocks, fuses, etc., can be replaced or added without disturbing adjacent components. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-8 C. Panel Wiring: 1. Color coding of insulation shall be black for power, white for 120V neutrals, red for AC controls which derive their source from within the panel, yellow for AC controls which derive their source external to the panel, blue for low voltage DC controls, green for grounding conductors. 2. Shop or factory wire panels to identified terminal blocks equipped with screw type lugs. 3. Raceways for panel wiring. a. Size raceways per the requirements of NEC. b. Provide panel wireways between each row of components, and adjacent to each terminal strip. 4. Provide wire bending space per NEMA ICS 6. 5. Label wiring within the panel with wire numbers and run in wiring duct neatly tied and bundled with tie wraps or similar materials. Identify each wire termination, including all jumpers, with permanently marked, heat shrink type wire markers. Arrange wire labels to permit reading of identification when installed. Apply heat per manufacturers instructions to create a tight fit of the label to the wire. 6. Connect wiring internal to the panel to the"insidd'of the terminal strip. Connect field wiring to the"outsidd' of the terminal strip. Wires to enclosure door mounted components are considered as internal wires. Connect no more than two wires to any one control terminal point. Provide tenninal jumpers where more than two wires terminate at the same point. 7. Arrange wiring inside the panel to separate low voltage control signals of the milli amp -millivolt or other low energy type from inductive power circuits 8. Connect grounds and shields of circuits which derive power internal to the panel to a panel common ground bus which shall be grounded by the electrical contractor in the field. 9. Physically separate signals entering controllers for amplification as control outputs from all line voltage wiring and shield with continuous foil shielding or enclose them in metal raceway. 10. Provide necessary power supplies for control equipment. 11. Termination requirements: a. Terminate panel wiring on device or terminal block screw terminals using slip-on spade tongue insulated crimp (compression) terminators, slip-on stud insulated crimp (compression) terminators, or stripped and tinned conductor ends. Stranded conductors shall not be terminated bare to terminals or devices. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-9 b. Provide terminal strips for the termination of panel wiring not directly connected to panel mounted devices. C. Terminals shall facilitate wire sizes as follows: 1) VAC applications: Wire size 12 AWG and smaller. 2) Other: Wire size 14 AWG and smaller. d. Label each I/O terminal to indicate tag number of the conductor and connected device. Locate terminals for termination of multiconductor shielded cables adjacent to each other to minimize lengths of unshielded conductor at the terminations. e. Provide terminals for individual termination of each signal shield. Locate the terminal adjacent to the terminals for the signal conductors. f. Provide 20 percent excess terminals for future expansion. g. In general, mount terminal strips on the bottom horizontal edge of the sub - plate. Mount additional terminal strips, if required, on a thirty degree angle bracket at the bottom of the sub -plate. Where terminal strips are mounted side-by-side, elevate one set of terminals 1-1/2 inches above the sub -plate to allow wire to pass underneath. h. Provide a minimum of two inches between terminal strips and wireways or between terminal strips. Shielded cables used for analog signals shall be terminated with not greater than 1 inch of conductor left outside the shield. This applies to field wires entering the panel for termination, and to panel conductors. Conductor twist shall be maintained over the unshielded length to as close as possible to the point of termination. Where the overall jacket is cut back to expose the individual conductors, provide a heat shrink sleeve over the jacket, the signal, and the shield (drain) conductors. Insulate the shield (drain) conductor where not covered by the jacket or the sleeve. Where shield (drain) conductors are not terminated, cut the conductor even with the jacket so that it is covered by the sleeve to prevent inadvertent contact with other devices, terminals, or conductors in the panel. 3.2 SOURCE QUALITY CONTROL A. Control Panel Testing 1. The entire assembled panel shall be meggered and tested to be free from grounds and shorts. 2. Circuits and interlocks shall be rung out and tested to assure that they function correctly before the panel is shipped. 3. Revise all drawings upon completion of the work to show"as shipped'condition of the panel. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-10 3.3 INSTALLATION A. Install free-standing panels on concrete pads where shown on the Plans. Install with channel sills where shown on the Plans. Provide stainless steel shims to level units. B. Install wall or stanchion mounted panels level and plumb. C. Anchor panels rigidly in place with approved anchorage devices. 3.4 TESTING A. Shop test new control panels in the presence of the Owner prior to shipment to project site. Notify the Owner at least ten working days before testing. Testing shall be performed at the panel fabricator's shop. The Contractor shall conduct a rehearsal of the shop test prior the arrival of the Owner and shall verbally certify that they believe there are no readily apparent obstacles to performance of the test. (In this case, some examples of readily apparent obstacles would be panel mounted equipment lacking power wiring or panel mounted equipment inadvertently wired to work under either primary or backup power, but not both.) 1. Provide a test plan at time of notification of testing. Coordinate the time of testing of the panels with the Construction Schedule. 2. Each assembled panel shall be meggered and tested to be free from grounds and shorts before the shop test. 3. Controllers, circuits and interlocks shall be rung out and tested to assure that they function correctly before the panel is shipped. Each device and control loop shall be tested and demonstrated to function properly in each mode (such as"hand, `local;"automatid). Discrete input signals shall be tested in both the"ori'and`bff state. Analog signals (4-20 milliamp, or similar type) shall each be tested at not less than three values (4.08 mA or 0.5%, 12 mA or 50%, and 19.92 mA or 99.5%). Test results shall be documented. Test discrete outputs by forcing the output on and off via the programming software. Measure the resistance (for relay outputs) or voltage (for active outputs) between the output terminals. Document proper operation of each output. 4. Test analog inputs by applying voltage or current to the input at not less than three values, including at or just above minimum range, at or just below maximum range, and midrange. Document actual register values for each applied input value at each input. 5. Provide signal generators, multimeters, and other test equipment as required to verify proper operation of the assembled panel. Simulate input signals, both discrete and analog, to verify operation of control and monitoring circuits. 6. Demonstrate that: a. The PLC is fully operational. The Control Panel Fabricator shall provide a test program in the PLC and demonstrate proper operation of the PLC. Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-11 In no case shall testing be perfonned without an operating program functioning in the unit under test. b. Each I/O module is recognized by the base unit and is fully functional. C. Communications ports on the base unit are fully functional. 7. Correct, replace, or repair panel wiring, and/or components until testing demonstrates proper operation. Do not ship panels to the site until testing has demonstrated satisfactory operation of the panels. 8. Provide updated and complete"as shipped'drawings at the time of final testing. The Owner will review the drawings against the panel construction at the time of final testing. Drawings which do not reflect the actual construction of the panel will need to be revised and reviewed again by the Owner against the actual construction prior to shipment of the panel to the job site. "As Shipped'drawings which require revisions shall be submitted to the Owner for review at testing notification, prior to the actual field review of these drawings against the panel construction. This process of revision and review of the drawings will be repeated as necessary to produce drawings which reflect the actual construction of the panel at the time of shipment. Do not ship panels to the site until the"as shipped'drawings are updated, complete, and reflect the actual"as shipped'status of the panel. 9. Attention of the Contractor is directed to the fact that more than one shop test and/or review of the panel wiring/drawings may be required. If the first shop test is not satisfactory, or results in the need to make revisions to the panel and/or"as shipped'drawings that cannot be effected during the course of the shop test, then a repeat shop test and/or review of the drawings against the construction will be required. The presence of the Owner at up to two shop tests/reviews will be without cost to the Contractor. If more than two shop tests/reviews are required, then the Contractor shall be required to reimburse the Owner for the Ownefs costs for the third and each subsequent shop test/review. 10. Submit the results of the test in a formal document within two weeks following satisfactory performance of the test. The test results shall document all problems encountered in running the test, corrective action taken, and the detailed results of each phase of the test 11. After each new control panel has been installed at the jobsite and for each modified existing control panel: a. Conduct a field test of the panel. Testing shall be conducted by physically actuating signaling devices (where possible), installing temporary jumpers, or artificially imposing signals on the field wiring. The purpose of the test is to establish proper operation of the field devices, the integrity of the field wiring, and proper connection of field devices to the new PLC. The Control Panel Fabricator shall coordinate with the Owner to provide Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-12 for as complete a testing of the control and monitoring systems as is practical prior to placing the panel on line for actual control and/or monitoring of the process. The Contractor and/or Control Panel Fabricator shall make corrections or repairs to the wiring and/or devices as necessary to provide proper operation of the system. If testing indicates that field devices require modifications to connectors or contact action, the Contractor shall make the wiring or connection modifications as necessary to coordinate with the PLC program and contract documentation. b. Submit the results of all tests in a formal document within two weeks following satisfactory performance of the test. The test results shall document all problems encountered in running the test, corrective action taken, and the detailed results of each phase of the test. 3.5 STARTUP 1. The Contractor shall provide qualified personnel on site for startup of the control system following the installation and testing. On site time shall be coordinated with the Owner on site time during startup, but may include additional time when the Owner is not present. 2. Start up new and modified control panels and place in service to control the process. Verify proper operation of devices and PLC inputs and outputs. Coordinate any physical revisions or modifications to new or modified control panels with the PLC process control programming provided under Division 17 while on site. 3. Revise all drawings upon completion showing"as built'conditions including the labeling of field wiring connections. a. Submit primary copy of these drawings for inclusion into the Operations and Maintenance Manual. 3.6 CLEANING A. On completion of installation, inspect interior and exterior of control panels. Vacuum interior and wipe clean all interior surfaces. Remove paint splatters and other spots, dirt, and debris. Touch up scratches and mars of finish to match original finish. END OF SECTION Project WW02-2010 Control Panels Upgrade and Expansion of Wastewater Utility SCADA System 16940-13 SECTION 17100 PROGRAMMABLE LOGIC CONTROLLER (PLC) PROCESS CONTROL PROGRAMMING PART 1 GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Preparation of Process Control Descriptions 2. Preparation of Instrument and Equipment Tag List 3. Preparation of P&ID Drawings 4. Programmable Logic Controller (PLC) control programming. B. Related Sections include but are not necessarily limited to: 1. General Conditions. 2. Division 1 - General Technical Requirements. 3. Division 16 - Electrical Requirements. a. 16910 — Programmable Logic Controllers b. 16940 — Control Panels 4. Division 17 - SCADA Requirements. a. 17200 — Process Control Visualization Programming Requirements b. 17400 — Network Switch Configuration C. 17900 — On Call Service Requirements 1.3 WORK DESCRIPTION A. Develop PLC operating code to match the control system described in Section 17000 of City of Port Angeles 2012 CSO Phase I project. B. Develop a narrative process control description for the existing WWTP and affected offsite facilities for City review. Incorporate comments and suggestions from City review and use the process control description as well as work described herein to generate PLC code as described in paragraph D below. C. Develop Process and Instrumentation Diagrams (P&ID) for the existing WWTP and affected offsite facilities. Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-1 D. Develop, annotate, test, and document PLC operating code to match the narrative process control description and the P&ID, as well as work described herein for the existing WWTP and affected offsite facilities from paragraph B above. E. Create an Instrumentation and Equipment Tag List for tags utilized in the PLC program. Coordinate this tag list with the tag list required in Section 17200 and the P&ID. F. Install, test, place into operation, and demonstrate performance of the PLC programs developed in paragraphs A and D. G. Troubleshoot and resolve any problem and report actions taken to City (Construction Representative). H. Provide assistance to CSO Construction Contractor, City Staff, etc. for troubleshooting related to Construction and Startup. I. At all phases of the Contract, the City will own the PLC programming (e.g., ladder logic, tags, etc.), and Configurations. At the end of the project or at any reasonable time during the project, the Contractor shall supply the City with an electronic version of the PLC code and any configuration file provided under this contract. 1.4 QUALITY ASSURANCE A. Contractor must be demonstrably familiar with the PLC platform, communications protocols, and programming development software platform. 1. Contractor shall have at least 10 recent projects of at least 5 or more Siemens PLCs where the Contractor provided the PLC, the programming, and start-up services. B. When a specific standard has not been cited, the applicable standards of the following standards organizations apply: 1. American National Standard Institute (ANSI). 2. Institute of Electrical and Electronic Engineers (IEEE). 3. Instrument Society of America (ISA). 4. Joint Industrial Council (JIC). 1.5 SUBMITTALS A. See Section 0 13 00. B. Make submittals as soon as practicable after the date of notice to proceed or notice of award. C. Submit the following to the City for review and comment. 1. Process Equipment and Instrumentation Tag List 2. Existing WWTP Process Control Description. Submit a complete preliminary process control description for City review. After review and comment by the City, make revisions and submit a complete final process control description. Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-2 3. Process and Instrumentation Diagram (P&ID) if City chooses to include Bid Item 3 in this contract 4. Annotated PLC code in electronic format D. At the end of each phase of the project, provide to the City the as recorded (as implemented versions) of the Equipment Tag List, Process Control Description, P&ID (if applicable), and annotated PLC code. Provide the PLC code in electronic format. 1.6 COORDINATION A. Coordinate with the City to ensure PLC Program installation will not adversely affect the normal operation of the plant and other offsite facilities. B. Coordinate with the City, CSO Contractor, and process designer for work supporting existing construction. The SCADA Contractor shall attend construction meetings as required to support the City's obligations to the CSO Construction Contractor. C. Coordinate with Sections 17200 and 17400 to provide complete instrumentation and equipment tag list. 1.7 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for work, as specified herein, shall be included in the appropriate proposal items. PART 2 — PRODUCTS 2.1 INSTRUMENTATION AND EQUIPMENT TAG LIST A. Develop a consistent Instrumentation and Equipment Tag List based upon ISA 5.1 and 5.4 nomenclature. 1. The tag list shall be hierarchical with site, area, type, number, and so on such that similar instruments in the same area will be grouped together when listed numerically and alphabetically. Supplement tag name with abbreviated description to aid in searching for the tag name. 2. Use consistent abbreviations for each type of instrument. 3. Use the CSO Phase I project as a template for tag name generation. 4. The tag names should match to the greatest extent practical on the PLC, the operator interface panels (at control panels), process visualization, data historian, and alarming systems. In other words, the tag name holding a certain value or describing a process unit should be the same on each system where practical. a. Where the tag names are different, provide a separate list showing what the tag name is at the control panel PLC, control panel operator interface, process visualization software, alarm system Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-3 b. The list shall contain the make, model, and serial number of the equipment or instrument, general description of the process value measured or driven equipment, site, location 5. For discrete (two state) values, describe the condition when the value is asserted (e.g., when the coil is energized or contact is closed) and when the value is not asserted. 6. For analog signals, provide the measurement units, maximum engineering value at full scale, minimum engineering value at low scale, the maximum realistic value and the minimum realistic value. a. The maximum realistic values are device specific where above the particular maximum realistic value, the measurement is meaningless. For example, a submersible pressure transmitter may have a range of 0-32 feet, but if the measurement vessel is 22 feet tall, any measurement above 22 feet would not be useful for process control, but may be useful for an out of range alarm. b. Similar to the maximum realistic values, the minimum values are device specific where below the particular minimum realistic value, the measurement is meaningless. For example, a flow transmitter may have a range of 0-500 GPM, but measurements less than 2 GPM may be indistinguishable from a 0 flow condition. C. The maximum and minimum realistic values may match the maximum and minimum engineering values, respectively. 2.2 PROCESS CONTROL DESCRIPTIONS A. For the Waste Water Plant and affected offsite facilities, develop a process control description. The City will make available existing information and control descriptions. However, such information may not be complete, and may be out of date or insufficient for use in programming the PLCs. Expand any existing control descriptions to match the actual operation of the existing WWTP and other sites included in this work. Verify construction, record, and as -built drawings with actual conditions for each site. The existing PLC code may be used as reference material. Use existing PLC code, existing process control descriptions, and interview operators to determine actual operating conditions and methods. Review this description with the Waste Water Plant operators and other designated City personnel to coordinate the description with actual operation. B. The process control description shall be in narrative form to describe the following for each piece of equipment: 1. normal operating conditions, 2. normal operator and automatic responses to changes in the process, 3. alarm conditions, 4. failure conditions, 5. where alarms are displayed and annunciated Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-4 6. required operator responses and automatic responses to alarm conditions C. Develop a process control description for the CSO Phase I project. Base the descriptions upon information contained in the drawings and specifications of the CSO Phase I contract presently under construction. D. Use the tag names and description to identify the equipment and the instrumentation. 2.3 PROCESS AND INSTRUMENTATION DIAGRAMS A. Create process instrumentation diagrams for the existing WWTP and other sites included in this work (the CSO Phase I project is excluded) using ISA 5.1 and ISA 5.4 symbols. B. Show the instrumentation and the connections to the control panel. C. The control points shown on the P&IDs shall be displayed in a concise manner and include enough detail to predict how the process can be measured and controlled. 1. The motor overload functions that are common to all process equipment need not be shown. 2. Show motor protection and monitoring features of variable frequency drives where used to control the process in a unique manner. (For example, if the motor current of a clarifier mechanism is sent to the controller as a high torque warning, the amperage signal should be shown. Features that are common to all variable frequency drives may be noted in the narrative in lieu of on the P&ID. For example, "VFD Ready", "VFD Running", or "VFD in local control" need not be shown on the P&ID unless there is a feature unique to the process.) 3. Connections between the control panel and other visualizations systems may be shown as a simple bus communication connection noting that multiple process variables are included. 2.4 PLC PROGRAMS A. Develop PLC programs that will accomplish the operational descriptions produced in 2.2 A and C above. B. Develop configurations and programs as needed for the support devices provided under section 16910 and 16940. Programming and configuration of operator interfaces shall be provided under section 17200. Programming and configuration of network switches shall be provided under section 17400. PART 3 — EXECUTION 3.1 PLC PROGRAMMING REQUIREMENTS A. The PLC code shall be annotated to reference the relevant section or sections of the process control description. 1. The control description may be incorporated as comments. Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-5 2. Code description must reference the relevant portions of the process control. B. Organize the code with similar functions grouped together. 1. The code shall consist of fully executed code paths specific to this project. In other words, there shall be no placeholder code or unused code resident on the PLC that does not function in the code to accomplish the operational description. There shall be no permanently disabled sections of code. C. Provide a motor start counter and motor run time counter for each motor in the process. 1. For each motor start counter, provide a resettable register and a non-resettable register 2. For each motor run-time counter, provide a resettable register and a non-resettable register D. Fault handling 1. The PLC shall include fault handling routines to identify problems and aid in troubleshooting. When a fault occurs, at a minimum, the PLC shall attempt to note where the fault occurred, the fault code, and attempt to revert to a safe configuration E. Alarms shall be generated on the most relevant PLC. 1. Alarm handling shall allow arbitration of acknowledgement of alarms on each PLC. The alarms acknowledgement will need to be handled on the most relevant PLC. Local pushbuttons, local operator interfaces, or inputs from the process visualization system shall be able to acknowledge alarms on the PLC. 2. The Alarm shall be reset after the alarm has been cleared and acknowledged. Each alarm will have five states: a. Cleared, acknowledged (Alarm reset) b. Cleared, not acknowledged C. In Alarm, Acknowledged, (not cleared) d. In Alarm, not acknowledged, (not cleared) e. Disabled 3. The relevant PLC will be the PLC where: a. The sensor generating the alarm is directly connected. For example, a float switch that generates an alarm will need to initiate the alarming at the PLC, and accept acknowledgements. b. The PLC that controls the equipment that generated the alarm. 4. Communications failures shall be from the perspective of the PLC to the remote communications end point. a. The process visualization software shall establish a heartbeat to the PLC. If the heartbeat signal does not update for a given period of time (for example, 10 Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-6 seconds) adjustable with the HMI or Operator Interface, the PLC shall declare a communications with process visualization software alarm. b. The alarm dialing software shall monitor a heartbeat from the PLC. If the heartbeat signal does not update for a given period of time (for example, 30 seconds) adjustable with the HMI or Operator Interface, the alarm dialer shall declare a communications to the PLC alarm. C. The PLC shall establish a heartbeat to another PLC if the communications are needed for process control or coordination. If the heartbeat signal does not update for a given period of time (for example, 10 seconds) adjustable with the HMI or Operator Interface, the PLC shall declare a communications with the other PLC alarm. F. Scaling to floating point numbers shall be performed in the PLC 1. High Engineering Units, Low Engineering Units, High Raw Value, Low Raw Value shall be contained in registers that may be adjusted without disrupting code execution on the PLC. Store the scaling values in battery backed or non-volatile memory. 2. Provide clamping values for each scaled input. For example, if a particular flow meter reads less than 2 SCFM, then report the value as 0. 3. Motor runtime, start count accumulations, and process value totalizations will be measured on the most relevant PLC. The numbers may be copied to floating point registers, but all arithmetic for the accumulators must use integer registers. In other words, the precision available for each measurement unit must not diminish if the accumulation register has a large value a. Flow accumulators shall use pulse counters from a flow meter where available. b. If the accumulated flow is calculated from an instantaneous sample per unit of time, then comparisons may utilize floating point numbers. The integration algorithm must minimize systematic error, such as error due to time sampling and error from accumulation. 1 3.2 DEMONSTRATION A. Demonstrate to the Owner that the process control progamming is working by operating all process control systems and equipment. Simulate control and emergency conditions, artificially where necessary, for complete system tests. Modify programming as required for proper operation of all process components controlled by the PLCs. 3.3 ASSISTANCE A. Provide assistance to the Owner and Other Construction Contractors during the demonstration or testing of equipment by operating devices and equipment from the PLCs, as necessary in the Owner's judgment, to verify all work provided. As stipulated for the Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-7 CSO Division 17, provide startup loop testing services and other troubleshooting services to the Contractor on behalf of the City. Work shall consist of at least two site visits of a total of four (4) work days. END OF SECTION Project WW02-2010 Programmable Logic Controller (PLC) Process Control Programming Upgrade and Expansion of Wastewater Utility SCADA System 17100-8 SECTION 17200 PROCESS CONTROL VISUALIZATION PROGRAMMING REQUIREMENTS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General Conditions, Section 01710, and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Process Visualization Software programming and configuration for workstations 2. Operator Interface Software programming and configuration 3. Alarm Dialer Software programming and configuration 4. Historian software programming and configuration 5. Process Equipment and Instrumentation Tag List, in conjunction with Section 17100, B. Related Sections include but are not necessarily limited to: 1. General Conditions. 2. Division 1 - General Technical Requirements. 3. Division 16 - Electrical Requirements. a. 16910 – Programmable Logic Controllers b. 16940 – Control Panels 4. Division 17 - SCADA Requirements. a. 17100 – Process Control Programming Requirements b. 17400 – Network Switch Configuration C. 17900 – Technical Support Services Requirements 1.3 WORK DESCRIPTION A. Design, provide, program and configure Process Visualization Software for installation on workstations and Operator Interfaces to support Process Control, as described by Process Control Description narrative(s). B. Design, provide, program and configure Alarm Dialer Software for installation on a software alarm server to match the alarming in the Process Control Description narrative(s). Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-1 C. Design, provide, program and configure Historian Software for installation on a historian server to record process control, alarm values, and measurements. Recorded values and measurements shall be accessible for display on historical trend graphs in the process visualization software application and for creation of historical reports by other industry standard software such as, Microsoft Excel, SAP Crystal Reports, or similar customizable report generators. Provide reports attached to this section (e.g., 17200 Attachment A) as well as the ability to generate future reports using included software. D. Install, test, place into service, and demonstrate performance of the programming and configurations described above. E. Troubleshoot and resolve any problem and report actions taken to City (Construction Representative). F. Provide assistance to CSO Construction Contractor, City Staff, etc. for troubleshooting related to Construction and Startup. G. Provide the labor, materials, and equipment necessary to furnish, install, and place into operation the process visualization, alarm management, and data historian systems of this Contract based upon the PLC operating code developed under division 17100. Provide all licenses necessary for a complete, functional system unless specifically noted to be provided by the City. Licenses shall be assigned to the City in perpetuity. Provide to the City all registrations, digital usage rights, and identifiers for the software and permissions to use the software. H. At all phases within the Project, the City shall own the rights to the software, configuration, and programming (e.g., screen layouts, configurations, scripts, tag names, etc.) for the HMI screens, operator interfaces, computers, etc. 1.4 QUALITY ASSURANCE A. Contractor or sub -contractor must be demonstrably familiar with the PLC platform, communications protocols, and all software programming development platforms (visualization, alarming, and historian). 1. Contractor shall have deployed at least 10 Siemens WinCC HMI separate systems within the last 3 years to different Owners. B. Contractor must be demonstrably familiar with the VMware ESX, Internet Protocol (IP) communications protocols, and the programming development software platform. C. When a specific standard has not been cited, use industry best -practices or the applicable standards of the following standards organizations apply: 1. American National Standard Institute (ANSI). 2. Institute of Electrical and Electronic Engineers (IEEE). 3. Internet Engineering Task Force (IETF) Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-2 4. Instrument Society of America (ISA). 5. Joint Industrial Council (JIC). 1.5 SUBMITTALS A. See Section 01300. B. Make submittals as soon as practicable after the date of notice to proceed or notice of award. C. Submit the following to the City for review and comment. 1. Mockup screens showing the graphic elements, trending graphs, buttons, selectors, and other operator inputs available. Provide a narrative describing the control features and how they relate to the process control description narrative developed under division 17100. 2. Process Equipment and Instrumentation Tag List D. Provide to the City at the end of each phase of implementation an electronic copy of the OI and HMI screens as installed on the HMI system. The City shall be able to use these electronic versions to reload, modify, and view the HMI and OI system as installed. 1.6 COORDINATION A. Coordinate with the City to ensure Installation of developed software application on workstations, operator interfaces, and servers will not adversely affect the normal operation of the plant and other offsite facilities. B. Coordinate with the City, CSO Contractor, and process designer for work supporting existing construction. The SCADA Contractor shall attend construction meetings as required to support the City's obligations to the CSO Construction Contractor. 1.7 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for work, as specified herein, shall be included in the appropriate proposal item or items. PART 2 — PRODUCTS 2.1 VIRTUAL MACHINES A. The Contractor will use server hardware, provided by the City, to install configured VMWare VSphere Enterprise Plus (i.e., ESXi) virtual machine hosts for the visualization software servers, the visualization viewing nodes, and the data historian server. 1. The Contractor shall provide all software licenses and digital usage rights such that the City may use the software in perpetuity. The City will provide Operating System licenses for all virtual hosts and virtual machines. Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-3 2. The City will provide a standalone server at the Waste Water Treatment Plant (WWTP) capable of hosting one or more virtual machines. After initial setup and testing, but before substantial completion, the City will enable private cloud (e.g., VMware's vMotion) features to incorporate the server into the City-wide private cloud. 3. The Contractor shall provide recommendations to the City about any reasonable constraints for the operation of the virtual hosts. a. Identify virtual hosts that should be or may be required to be on different physical machines. b. Some virtual hosts used for viewing nodes may be located in certain areas (e.g., the WWTP or the City's Data Center) for the intended use. C. Identify the priority of machines for "fail -over". For example, the viewing node virtual hosts may tolerate a longer down-time than the server virtual hosts. 4. The City will provide Thin Client hardware (which may be a standalone device or may be software on a City owned computer) for connection to the virtual hosts. B. The Contractor shall use separate computer hardware (provided by City) to install an Alarm Dialing Software virtual machine. The Alarm Dialing Software suite shall use a public switched telephone network (PSTN) to initiate callouts on alarm conditions via a USB attached modem or other call initiating technology. The City will provide the physical computer's Operating System, VMWare Workstation, and a virtual host operating system license for the Contractor to use in configuring the Alarm Dialing software. 2.2 TAG LIST A. See Section 17100. B. Supplement the tag list of Section 17100 with tags unique to the visualization software, alarm software, or historian software. Include all tags developed or used in the applications (system tags native to the manufacturer's software may be omitted.) C. Coordinate with the tag list of Section 17100 to use single tag names for tags present in more than one software application. Indicate on the tag list in which application(s) each tag is present. 2.3 VISUALIZATION SOFTWARE A. Utilize graphics similar in nature to the existing process visualization system and existing operator interfaces. Where the existing process visualization and operator interface screens appear different, use the existing process visualization as the basis for the new screens. B. Include provisions (for example, space in navigation ribbons, alarm group hierarchies, or similar groupings) in the software application(s) for upgrade work at the Waste Water Treatment Plant, the Combined Sewer Overflow (CSO) Phase I (2012) and Phase II (2014), off-site lift stations, outfall structures, and network status. Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-4 C. The embedded process visualization Operator Interfaces (provided under Division 16910) may use IP/Ethernet protocols or a local fieldbus protocol, for example Profibus/DP. D. Develop screens based upon existing software packages at plant. 1. Monitors for the HMI computers will be furnished by the City at 1080p pixel resolution. Develop screens using appropriate screen resolution to match these monitors. 2. Configure and test virtual machines before attempting to deploy the machines onsite. Analog PLCs may be used offsite to test the ability of the I/O servers. 3. If required by the software manufacturer (WinCC), configure an Active Directory single -sign authentication system for computer and software access. Assign user permissions to process visualization software manufacturer's recommended practice. Install and configure services required by active directory. Coordinate the Active Directory to be connected to the City. The City will provide the exact trust relationship to the Contractor including DNS, routing, and other pertinent information. 4. Configure virtual operating system to support application. a. Configure firewall settings to support the visualization software suite. b. Provide operating system to support the visualization software suite. This may require configuring file sharing, remote desktop protocols, registry setting, or other settings. C. It may be needed to "down grade" the process visualization software (e.g., use Version 7.0 SP2 in lieu of 7.0 SP3) to support a virtual environment. Provide and coordinate any additional configurations, licenses, or other digital usage rights needed by the City to operate a virtualized process visualization software package. 2.4 ALARM DIALER SOFTWARE A. Configure and program the alarm dialer software, virtual host OS, and other pertinent settings to provide alarm dial -out over PSTN services. Provide alarms per the process control description. The Alarms shall be annunciated by spoken voice. a. Coordinate with the City to determine the recording method and the person voice to use. b. The person recording the alarm annunciations shall speak English, have no discernible accent (or a local accent or mid -western accent may be acceptable to the City), be clearly understood, and recordings shall use natural voice inflections. Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-5 2. Because the computer hardware for the alarm dialer will be installed in the City's Corp Yard, the City's private cloud will not be useful for the Alarm Dialer. The Alarm Dialer software shall be installed on a virtual machine, hosted by VMware Workstation with all necessary SCADA I/O servers or process visualization server transport link software needed to detect, acknowledge, and clear alarms. a. The Alarm dialer shall also detect unresponsive peers, such as server failures, communications, or PLC failures. b. The Alarm dialer software shall be able to call individuals in order from a list provided by the City of phone numbers and schedules of calls. If a called person does not pick up, the software shall continue contacting individuals on the Call list until the alarm is acknowledged or cleared. 2.5 REPORTS FOR PERMITS A. Provide reports in a similar format to the reports attached to this section. Generate the required values based upon historical data stored in the SCADA system. PART 3 — EXECUTION 3.1 VISUALIZATION SOFTWARE PROGRAMMING REQUIREMENTS A. Provide O&M information to the City at least five (5) business days before installing new hardware at WWTP. B. Configure servers prior to delivery to the work site. C. Coordinate with the City to develop testing plan. At a minimum, the testing plan should include testing milestones as well as fall back procedure if a milestone cannot be met. 3.2 ALARM DIALER SOFTWARE PROGRAMMING REQUIREMENTS A. Coordinate with the City and develop the list of alarm recipients. Configure the virtual machine and test before installing at the City's Corp Yard. 3.3 DEMONSTRATION A. Demonstrate to the Owner that the process visualization, alarm dialing, and historian software is working by operating all process control systems and equipment. Simulate control and emergency conditions, artificially where necessary, for complete system tests END OF SECTION Project WW02-2010 Process Control Visualization Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17200-6 SECTION 17400 NETWORK SWITCH PROGRAMMING REQUIREMENTS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Network switch programming for switches provided under Division 16910. B. Related Sections include but are not necessarily limited to: 1. General Conditions. 2. Division 1 - General Technical Requirements. 3. Division 16 - Electrical Requirements. a. 16910 – Programmable Logic Controllers b. 16940 – Control Panels 4. Division 17 - SCADA Requirements. a. 17100 – Process Control Programming Requirements b. 17200 – Process Visualization Software Configuration Requirements C. 17900 – On Call Service Requirements 1.3 WORK DESCRIPTION A. Design, provide, program and configure managed Ethernet network. The network shall provide fault isolation and utilize industry best practices to contain faults to minimize network interruption. The Network shall support all Siemens protocols needed to communicate within the WWTP and communicate between the WWTP and offsite structures. I . The City will provide the allowed IP addresses and IP address range that the Contractor may use. The IP address range or ranges may not be contiguous throughout the plant and offsite locations. 2. Connections to the Waste Water treatment plant from offsite structures, such as lift stations or City's data center, will be provided by the City through on site Ethernet switches. The City will provide to the Contractor any configuration details specific to the City. In particular, the following may be provided: Project WW02-2010 Network Switch Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17400-1 a. Maximum Transmission Unit b. Uplink (to the City Network) VLAN Tagging requirements C. Port Aggregation configuration (e.g., LACP mode) d. Multicast control requirements B. The network shall provide redundant links between plant switches and between Contractor provided switches and City provided switches. The City will provide reliable network connectivity within its own network. C. Troubleshoot and resolve any problem and report actions taken to City (Construction Representative). D. Provide assistance to CSO Construction Contractor, City Staff, etc. for troubleshooting related to Construction and Startup. E. Provide the labor, materials, and equipment necessary to furnish, install, and place into operation the dedicated control network communications system. F. The City shall own all the rights to the configuration and programming of the Network Switches. Provide to the City at any time reasonable (upon request from the City) the full communications configurations (e.g., the configuration settings loaded upon power up) in electronic form. 1.4 DEFINITIONS A. LACP: Link Aggregation Control Protocol described in IEEE Standard 802.3ad B. UDLD: Unidirectional Link Detection Protocol. UDLD is used to detect misconfigured fiber links. C. CDP: Cisco Discovery Protocol. CDP is similar to local link layer discovery protocols, but is proprietary. D. VLAN: Virtual Local Area Network as described in IEEE Standard 802.1Q E. SNMP: Simple Network Management Protocol. F. BPDU: Bridge Protocol Data Unit 1.5 QUALITY ASSURANCE A. Contractor or sub -contractor must be demonstrably familiar with the Cisco Network Switches, communications protocols, and routing concepts. 1. Contractor shall have at least one full time employee with a CCNA (Cisco Certified Network Associate) or more advanced Cisco Certified Interconnection and Routing specialty. For example, CCNP or CCIE credential holders are also acceptable. Project WW02-2010 Network Switch Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17400-2 B. When a specific standard has not been cited, the applicable standards of the following code -making authorities and standards organizations apply: 1. American National Standard Institute (ANSI). 2. Institute of Electrical and Electronic Engineers (IEEE). 3. Internet Engineering Task Force (IETF) 4. Manufacturer's Recommendations C. Where no standard exists, utilize industry best practices or implementations based upon Cisco recommended network design guidlines. 1.6 SUBMITTALS A. See Section 0 13 00. B. Make submittals as soon as practicable after the date of notice to proceed or notice of award. C. Submit the following to the City for review and comment. I . IP address scheme with all SCADA network Programmable Logic Controllers, Operator Interfaces, and related equipment and devices. This list shall include all PLCs provided under this contract as well as existing PLCs, gateway devices, OIs, computers, and other devices requiring an IP address. 2. Proposed network map showing port numbers for the switch interconnections and aggregated links. a. Links between the switches shall display the port numbers on each switch, and the VLAN IDs on each link b. Devices connected to the switch may be listed in tabular form near the switch. Listing shall include the device description and port number. D. At the completion of each phase of work, provide to the City an electronic copy of the configuration and programming files. Coordinate with the City for the means of transmission. (For example, it is acceptable to deliver these files on a flash drive.) 1.7 COORDINATION A. Coordinate with the City to ensure integration with the City existing network. B. Coordinate with the City, CSO Contractor, and process designer for work supporting existing construction. The SCADA Contractor shall attend construction meetings as required to support the City's obligations to the CSO Construction Contractor. 1.8 PAYMENT A. No separate or additional payment will be made for the work and material specified herein. All costs for basic electrical requirements, as specified herein, shall be included in the appropriate lump sum bid items. Project WW02-2010 Network Switch Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17400-3 PART 2 — PRODUCTS 2.1 GENERAL NETWORK SWITCHES A. IP Address scheme shall accommodate multiple VLANs to provide fault and error containment. B. LACP shall be used to aggregate links between switches for redundancy. C. SNMP information shall be made available to the City Network Management System. The City will provide to the Contractor the SNMP group names, settings, passwords, encryption standards, versions, etc. to allow the SCADA switches to be integrated into the City's Network Management System. D. The City shall provide the credentials to be used for an administrative account each network switch. This set of credentials shall provide level 15 (full administrative) configuration and monitoring access on each switch. Switches shall utilize a local user database for console and configuration access. E. The switches shall be configured to use VTP in transparent mode. The VLAN IDs used shall be related to the IP Address subnet. (For example, VLAN 3YYY could describe the network containing 192.168.YYY.0/24 where YYY is a number between 000 to 255.) F. Configure access VLANs to not span more than two switches, except for the City uplink VLAN. Enable a per-VLAN rapid spanning tree protocol, such as multiple spaning tree protocol. The VLAN may span from the Control Panel switch to the fiber aggregation switch. 2.2 NETWORK SWITCHES A. The Contractor will provide one (1) network switch (meeting the requirements of Section 16910) per control panel as described in Section 01010. Configuration and programming of the network switch shall be provided under this section 17400. The switches will interconnect control panels within the plant and provide the ability to uplink to the process visualization system. It is permissible to use the control panel switch for communications within the control panel, but it is not required. 1. Configure uplink ports to fiber aggregator (i.e., control panels located at the WWTP) with trunk port settings, configure LACP settings to ON. 2. Suppress CDP on all access ports within control panel except switch uplinks to the aggregator switch. Enable CDP for uplinks to the aggregation switch. B. The Contractor will provide (under Division 16910) a fiber aggregation switch (or switches) per control panel. 1. Disable security shutdown response for security violations. It is not acceptable for a security policy violation to stop communications on more than one port for any reason. Project WW02-2010 Network Switch Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17400-4 2. Coordinate with the Ethernet characteristics of the port. 3. Configure switch port to match the port speed and duplex settings to match connected device. If nothing is connected to port or port is to be used for a pass- through connection, configure port for automatic port configuration negotiation. 4. Configure RSTP (or STP) to "Port -Fast" mode with BPDU Guard, PART 3 — EXECUTION 3.1 A. B. 3.2 A. GENERAL SWITCH CONFIGURATION Test the network switches prior to delivery to the job site. Coordinate with the City to develop a test procedure. Include milestones and fall back procedures in the case a milestone is not reached when planned. DEMONSTRATION Demonstrate to the Owner that the network switch programming supports the process visualization, alarm dialing, and historian software is working by testing the communications. Simulate control and emergency conditions, artificially where necessary, for complete system tests. For example, demonstrate communications link failures by disabling a port and disconnecting a patch port cable. END OF SECTION Project WW02-2010 Network Switch Programming Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17400-5 SECTION 17900 TECHNICAL SUPPORT SERVICE REQUIREMENTS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. This section will become incorporated as a part of the Contract between the City and the Contractor. 1.2 SUMMARY A. Section Includes: 1. Technical support services to the City for troubleshooting, problem resolution, and programming changes related to the WWTP and CSO process control hardware, wiring, software programming, and similar items. B. Related Sections include but are not necessarily limited to: 1. General Conditions. 2. Division 1 - General Technical Requirements. 3. Division 16 - Electrical Requirements. 4. Division 17 - SCADA Requirements. 1.3 WORK DESCRIPTION A. Provide support services to the City to address emergency, and non -emergency, situations which arise at the WWTP or off site facilities related to failures or problems with the hardware, software, or software applications programming provided to the City under the Upgrade and Expansion of Wastewater Utility SCADA System. B. Certain situations may require time critical responses from the Contractor. The City will determine the severity of any problem or failure and communicate the desired response level to the Contractor. There are three levels of response: 1. Emergency Service Response. 2. Next Business Day Service Response. 3. Scheduled Service Response C. The City may also desire or require changes to the operations of the WWTP or off-site facilities (due either to modifications to the equipment controlled by the SCADA system, changes to treatment methods, or for other reasons) which necessitate revisions to the PLC programming, software visualization programming, alarm handling, and/or historian Project WW02-2010 Technical Support Service Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17900-1 functions of the SCADA system. Requests for these types of services shall be considered as Scheduled Services. 1.4 DEFINITIONS A. Emergency Response: A response is needed immediately. This level of response requires immediate dispatch of personnel to address a catastrophic or large impact problem or failure. Online, remote access into the control system may be undertaken to begin to assess and/or address the failure, but (due to the time necessary for travel to the site) shall not delay immediate dispatch of appropriately trained and qualified personnel to the site to address the failure. The Emergency response shall be in effect until the onsite Supervisor from the City declares conditions have stabilized or 24 hours. If an emergent condition persists after 24 hours, the "Next Business Day Response" rate shall be used. B. Next Business Day Response: A response is needed on the next business day. This level of response to address a problem or failure requires arrival of personnel on site not later than the next business day. Online, remote access into the control system may be undertaken to begin to assess and/or address the failure, but arrival of appropriately trained and qualified personnel on site to address the failure shall occur on or before the next business day after the service request is placed, unless the issue has been successfully resolved to the City's satisfaction. C. Scheduled Service Response: A response is needed, but is of a level of importance that allows the response to be scheduled at a time mutually agreeable to the City and the Contractor. D. Next Business Day: Next business day refers to the day following a request for service by the City, excluding Saturdays, Sundays, and City recognized holidays. 1.5 SUBMITTALS A. See Section 01300. B. Make submittals as soon as practicable after the date of notice to proceed C. Submit the following to the City for review and comment. 1. Names and qualifications of Contractor personnel who will be available to respond to requests for service. 2. Contact information including the following: a. Emergency request telephone numbers. Include not less than four phone numbers whereby the City may initiate contact with the Contractor to obtain services of an emergency nature. One of more of these numbers shall have personnel available to answer a call at all times. Project WW02-2010 Technical Support Service Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17900-2 b. Telephone numbers whereby the City may request service of either a Next Business Day or Scheduled nature. Include times at which personnel are available to answer these numbers. 1.6 COORDINATION A. Coordinate with the City to arrange access to facilities to fulfill the City's requests for services under this Section. 1.7 PAYMENT A. Payment for work under this Section shall be separate from any lump sums listed on the proposal form and shall be made per actual time expended by the Contractor, and at the rates included in the Contractor's Bid Proposal. PART 2 — PRODUCTS (NOT USED) PART 3 EXECUTION 3.1 GENERAL A. To fulfill the obligations to the community, local, state, and federal entities, the City requires services in support of its waste water handling to be performed quickly and completely. B. Personnel addressing issues for which the City has requested services under this Section shall be familiar with the hardware, software, and/or software programming and configurations specifically provided by the Contractor to the City for the Upgrade and Expansion of Wastewater Utility SCADA System C. Personnel dispatched to the site to work on issues for which the City has requested services under this Section shall, in addition to the requirements of paragraph B above, be qualified to work on the hardware, and shall possess any necessary licenses required to perform the work under the RCW or WAC. 3.2 REQUIREMENTS FOR EMERGENCY SERVICE REQUESTS A. If the City initiates a request for emergency service, dispatch qualified personnel within 30 minutes of the call. 1. Personnel at the Contractor's office(s) may use remote access to the SCADA system, and/or continue to discuss and troubleshoot the issue(s) with City personnel by phone, to attempt to diagnose and/or resolve the problem while Contractor personnel are en route to the site. 2. If the problem(s)/issue(s) are resolved (by whatever means) prior to the arrival of personnel on site, the dispatched personnel shall be recalled. The Contractor shall be paid at the rates for emergency services for all time of personnel who have Project WW02-2010 Technical Support Service Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17900-3 assisted in resolving the issue, including the time for dispatched personnel from departure to arrival back at the Contractor's office. 3. If the problem(s)/issue(s) have not been resolved by the time of arrival of Contractor's dispatched personnel on site, the personnel arriving on site shall begin to work on the problem(s)/issue(s). This shall not preclude the continued work by personnel in the Contractor's office in conjunction with those on site. Due to the emergency nature of the City's request for services, the Contractor shall make all reasonable efforts to assist the City in resolving the problem(s)/issue(s), including work beyond normal working hours, unless the City specifically agrees to suspend or reduce the emergency nature of the call to a lower level of response. 3.3 REQUIREMENTS FOR NEXT BUSINESS DAY SERVICE REQUESTS A. If the City initiates a request for next business day service, the Contractor shall dispatch qualified personnel not later than the beginning of business on the next business day. 1. Prior to, and/or after dispatch of personnel, the Contractor may at its option use remote access to the SCADA system, and/or discuss and troubleshoot the issue(s) with City personnel by phone, to attempt to diagnose and/or resolve the problem. 2. If the problem(s)/issue(s) are resolved (by whatever means) after dispatch of, but prior to the arrival of personnel on site, the dispatched personnel shall be recalled. The Contractor shall be paid at the rates for next business day services for all time of personnel who have assisted in resolving the issue, including the time for dispatched personnel from departure to arrival back at the Contractor's office. 3. If the problem(s)/issue(s) have not been resolved by the time of arrival of Contractor's dispatched personnel on site, the personnel arriving on site shall begin to work on the problem(s)/issue(s). This shall not preclude the continued work by personnel in the Contractor's office in conjunction with those on site. The Contractor shall make all reasonable efforts to assist the City in resolving the problem(s)/issue(s) during a normal working day. Work beyond normal working hours is at the Contractor's option (if acceptable to City), but shall not be paid at a higher rate than the next business day service rates. The City may, if necessary in its opinion, increase the service level to emergency at any time prior to resolution of the problem(s)/issue(s). In such a case the Contractor shall be paid at the rate for emergency services beginning at the time at which the emergency service request is made. 3.4 REQUIREMENTS FOR SCHEDULED SERVICE REQUESTS A. If the City initiates a request for scheduled services, the Contractor shall coordinate with the City to arrange for dispatch of personnel to the site not later than two weeks after the request is made, unless a longer delay is mutually agreeable. Project WW02-2010 Technical Support Service Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17900-4 I . Prior to, and/or after dispatch of personnel, the Contractor may at its option use remote access to the SCADA system, and/or discuss and troubleshoot the issue(s) with City personnel by phone, to attempt to diagnose and/or resolve the problem. 2. If the problem(s)/issue(s) are resolved (by whatever means) after dispatch of, but prior to the arrival of personnel on site, the dispatched personnel shall be recalled. The Contractor shall be paid at the rates for scheduled services for all time of personnel who have assisted in resolving the issue, including the time for dispatched personnel from departure to arrival back at the Contractor's office. 3. If the problem(s)/issue(s) have not been resolved by the time of arrival of Contractor's dispatched personnel on site, the personnel arriving on site shall begin to work on the problem(s)/issue(s). This shall not preclude the continued work by personnel in the Contractor's office in conjunction with those on site. The Contractor shall make all reasonable efforts to assist the City in resolving the problem(s)/issue(s) during a normal working day. Work beyond normal working hours is at the Contractor's option (if acceptable to City), but shall not be paid at a higher rate than the scheduled service rates. The City may, if necessary in its opinion, increase the service level to emergency at any time prior to resolution of the problem(s)/issue(s). In such a case the Contractor shall be paid at the rate for emergency services beginning at the time at which the emergency service request is made. END OF SECTION Project WW02-2010 Technical Support Service Requirements Upgrade and Expansion of Wastewater Utility SCADA System 17900-5