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Request for Proposals - MBR for Wastewater Treatment Plant

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This is a Request for Proposals (RFP) issued by the Town Council of Centreville and its engineer seeking firm proposals to supply a Membrane Bioreactor (MBR) system for the Centreville Wastewater Treatment Plant (WWTP) Enhanced Nutrient Removal (ENR) upgrade and expansion. The ENR design targets are 3.0 mg/L total nitrogen and 0.15 mg/L total phosphorus (annual load basis), and the work will replace the existing influent screening, sequencing batch reactor (SBR) activated sludge process, and cloth media filter with an MBR-based liquid treatment process. The RFP sets requirements for proposers to describe process, equipment selection, services, cost, process guarantees, and warranties; includes instructions, submittal procedures, a pre-proposal conference and site tour, technical and financial evaluation criteria, and sample contract forms. Proposer pricing and equipment selections will be incorporated into the project contract documents, the selected proposer will be named the sole approved provider for the MBR equipment, and must assist the OWNER and ENGINEER with final design and contract integration; the OWNER notes it will not necessarily guarantee award or project timing.

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Request for Proposals
For
Membrane Bioreactor (MBR) System for the Centreville WWTP Enhanced Nutrient
Removal (ENR) Upgrade and Expansion
Town of Centreville, MD
February 2026
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TABLE OF CONTENTS
PART I — GENERAL INFORMATION ................................................................................. 4
A. INVITATION FOR PROPOSALS.......................................................................................... 4
B. PROCESS GUARANTEE ...................................................................................................... 8
C. PROCESS AND EQUIPMENT WARRANTY ...................................................................... 9
D. DESCRIPTION OF THE CENTREVILLE WWTP .............................................................. 9
E. DOCUMENTS AVAILABLE ............................................................................................... 10
PART II — PROPOSAL REQUIREMENTS ........................................................................... 11
A. INSTRUCTIONS TO PROPOSERS .....................................................................................11
B. PRE-PROPOSAL CONFERENCE .......................................................................................11
C. SITE TOUR ...........................................................................................................................11
D. INTERPRETATIONS AND ADDENDA ..............................................................................11
E. PROPOSAL FORMAT ......................................................................................................... 12
F. SUBMITTAL OF PROPOSALS .......................................................................................... 12
G. TECHNICAL PROPOSAL REQUIREMENTS ................................................................... 12
H. FINANCIAL PROPOSAL REQUIREMENTS .................................................................... 14
I. PROPOSAL SECURITY ...................................................................................................... 14
J. TECHNICAL EVALUATION CRITERIA........................................................................... 15
K. FINANCIAL EVALUATION CRITERIA ............................................................................ 16
L. REVIEW COMMITTEE ...................................................................................................... 17
PART III — FORMS ................................................................................................................. 18
ADDENDUM FORM ................................................................................................................... 18
COST PROPOSAL FORM ........................................................................................................... 18
PROPOSAL BOND ...................................................................................................................... 18
PART IV — SPECIFICATIONS ............................................................................................... 19
PART V — PROCUREMENT TERMS ................................................................................ 190
A. EXAMPLE AGREEMENT ................................................................................................ 190
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APPENDICES
APPENDIX A -- FIGURES
APPENDIX B -- PROPOSAL FORMS
APPENDIX C -- PROPOSAL BOND FORM
APPENDIX D -- EXAMPLE AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
APPENDIX E -- STATE REVOLVING FUND LOAN INSERT
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PART I — GENERAL INFORMATION
A. INVITATION FOR PROPOSALS
1. Notice to Proposers
a. The Town Council of Centreville (OWNER) through its
Consulting Engineer, Whitman, Requardt & Associates, LLP,
(ENGINEER) through issuance of this Request for Proposals
(RFP) is soliciting Proposals for a Membrane Bioreactor System
for the Centreville Wastewater Treatment Plant (WWTP). The
Centreville WWTP is planned to be upgraded to meet Enhanced
Nutrient Removal (ENR) water quality requirements of 3.0 mg/L
of total nitrogen, and 0.15 mg/L of total phosphorus (on an annual
load basis). The existing treatment process including influent
screening, sequencing batch reactor (SBR) activated sludge
process, and cloth media filter, will be replaced as part of the
upgrade. As part of the ENR facilities, the OWNER has
determined that the replacement activated sludge liquid treatment
process will utilize membrane bioreactors (MBRs) to separate the
mixed liquor from the treated permeate.
b. The purpose of this RFP is to solicit firm proposals from
PROPOSERs. The proposals shall describe the process, equipment
selection, services and cost as required to meet the design criteria
established herein. The OWNER and its ENGINEER will evaluate
the proposals. The OWNER will not make an award or enter into a
contract with the PROPOSER, nor will the OWNER guarantee the
timing and/or the realization of this project. Information provided
by the PROPOSER will be used to facilitate the final design of the
MBR system.
c. The PROPOSER’s price, along with this Request for Proposal, and
the PROPOSER’s proposal, will be made a part of the bid and
contract documents for the construction of this project. The
PROPOSER will be required to execute a purchase order and enter
into a contract with the General Contractor (GC) for the project
based on the scope outlined in this Request for Proposal, the
PROPOSER’s proposal, and the construction contract documents.
The equipment selection, sizing, specification, pricing data, and
related contractual terms and conditions submitted by the
PROPOSER will be inserted into the Contract Documents for the
project to establish and control the guaranteed scope, price, terms,
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and conditions for the subject equipment. There will be no formal
agreement between the OWNER and the PROPOSER. Through
the contract documents, the PROPOSER will owe certain
requirements of performance and warranty directly to the
OWNER. Also, any necessary rights in order to use applicable
patents, trademarks, copyrights, trade secrets, licenses, and
intellectual property of any kind shall be afforded and granted by
PROPOSER to the OWNER. The PROPOSER will be named, and
the agreed upon price included, in the Request for Proposal (RFP)
for providing the Membrane Bioreactor System for the Town of
Centreville WWTP ENR Upgrade and Expansion Project. The
PROPOSER will be the only approved provider for the Membrane
Bioreactor System, and no substitutions will be considered.
d. After the scope and price have been accepted by the OWNER, the
PROPOSER will assist the OWNER and ENGINEER in the
development of the Final Design and the Contract Documents
related to the Membrane Bioreactor System. The proposed price
submitted by the PROPOSER will be written into the bid form of
the Contract Documents and the PROPOSER will agree that the
price provided is guaranteed subject to the requirements specified
in this RFP and based upon the accompanying project schedule and
proposal cost allowances. By submission of a proposal, the
PROPOSER consents to the terms and conditions of this RFP and
acknowledges that it will be the OWNER’s intent to incorporate
the PROPOSER’s proposal into the Contract Documents and, as
such, it will be the SELECTED PROPOSER’s responsibility to
coordinate all aspects of incorporating the PROPOSER’s product
into the work performed for the project with the GC that is the
successful bidder.
e. It is the OWNER’s intent to let a construction contract for the
project titled “Centreville WWTP Enhanced Nutrient Removal
(ENR) Upgrade and Expansion”. The PROPOSER’s detailed
proposal will be placed within the Contract Documents to be let for
bid by the OWNER. The Contract Documents will provide that the
GC shall accept the PROPOSER’s proposal and bid forms will
include the PROPOSER’s price as modified as described here in
this RFP, as part of the GC’s bid to be submitted to the OWNER.
In this manner, the GC will purchase and install the Membrane
Bioreactor System, and ancillary equipment, and will procure
construction phase related support services from the PROPOSER.
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f. In general, the contract between the OWNER and the GC will
require the GC to purchase and install a MBR System, among
other structures and appurtenances within the project, and the
OWNER will pay the GC. Although the OWNER will not be a
party to the contract between the GC and the PROPOSER, the
PROPOSER has a duty to provide equipment, materials, and
support to the GC, in accordance with the PROPOSER’s proposal
and proposal price; and the GC has a duty to pay the PROPOSER.
The purchase order and precise means, methods, schedules, etc. of
payment by the GC to the PROPOSER, and the delivery of
products and services are to be agreed upon between the
PROPOSER and the GC, and the OWNER will not be party to that
agreement. The PROPOSER understands that time is of essence in
the project and that the PROPOSER is obligated to furnish and
deliver the products and services to the GC in accordance with the
Contract Documents to satisfy the contractual schedule
requirements.
2. Anticipated Project Schedule and Time of Completion
Anticipated Project Schedule
Project Milestone Date
MBR Pre-Selection RFP Issued to
February 25, 2026
Manufacturers and Their Representatives
Pre-Proposal Meeting, Virtual 10:00 AM, March 4, 2026
Proposal Submittal Due Date 2:00 PM, March 27, 2026
Proposals Opening Date 2:30 PM, March 27, 2026
Review of Proposals April 2026
Proposer Selection May 29, 2026
Start Up and Performance Testing Begins* 817 days past GC Notice to Proceed
Final Completion* 880 days past GC Notice to Proceed
*Indicates contractually required schedule milestone. Non-conformance with schedule
milestones is subject to liquidated damages.
3. Presentation of Proposals
a. Presentation of the proposals shall be in strict accordance with this
RFP.
4. Proposal Bond
a. The PROPOSER shall furnish proposal bonds covering the faithful
performance of the Contract and payment of all obligations
thereunder, in the amount of Five Percent (5%) of the MBR
System value in the Price Proposal. Each Bond shall be issued by a
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Surety Company licensed to conduct business in the State of
Maryland and shall be delivered to the Town of Centreville
Purchasing Department with the submission of the proposal.
5. Award or Rejection of Proposals
a. The selection is being made through a sealed, competitive process,
which includes consideration of both price and non-price factors.
Price factors include capital costs. The OWNER will consider the
evaluation criteria listed below and evaluate these factors based on
submittals included by PROPOSERS with their Proposals and
based on investigations conducted as deemed necessary to
determine the performance record and ability of PROPOSERS.
b. The OWNER reserves the right to waive any technicalities and to
reject any or all Proposals, and to accept any or all proposals which
in their judgment is to the best interest of the OWNER. The Town
of Centreville also reserves the right to interview and negotiate any
or all Proposals.
c. The Proposals will be opened in the ENGINEER’s office for
formal identification of the PROPOSER’s proposal. Details of the
proposals will not be made publicly available.
6. Escalation
a. The System Cost furnished in the schedules is considered the base
price.
b. System Cost Escalation
i. The proposal shall be based on current prices for the
Vendor at the time of the proposal submittal. The OWNER
will provide for an allowance for cost adjustment as
described herein. This price adjustment will be written into
the bid form for the Centreville WWTP ENR Upgrade and
Expansion Project and will be the total compensation for
the PROPOSER by the GC to provide all goods and
services associated with this RFP.
ii. The OWNER reserves the right to negotiate the scope,
price, terms and conditions with the Vendor at any time
after receipt of Vendor’s original proposal.
iii. The OWNER reserves the right to request a revised
proposal and price from the PROPOSER at an appropriate
time prior to the scheduled advertisement of the project.
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This revised proposal may reflect mutually agreed changes
in the equipment scope or PROPOSER’s services between
the time of the original proposal and the ENGINEER’s
final design submission to the OWNER.
iv. Cost adjustment for escalation shall be based upon the
increase in the Producer Price Index (PPI), U.S.
Department of Labor, Bureau of Labor Statistics: “All
Other Miscellaneous General Purpose Industry Machinery,
Not Seasonally Adjusted, Series ID –
PCU3339993339997” (the “Index”). The escalation shall
be calculated based upon the percentage increase of the
monthly Index between the date of the submission of
Proposals and the latest version of PPI data published as of
the date of the Centreville WWTP Upgrade and Expansion
Construction Contract advertisement. The price adjustment
shall be the proposal price multiplied by the adjustment
factor. The adjustment factor will be calculated based on
the following:
PPI date of Construction Contract Advertisement - PPI date of Proposal Submission
1+
PPI date of Proposal Submission
a. A reduction in the monthly Index will not
result in de-escalation of the total price.
v. The proposed Lump Sum Price shall include all royalties
and license fees. Such royalties and license fees shall not be
listed separately.
B. PROCESS GUARANTEE
1. The GC for the Centreville WWTP ENR Upgrade and Expansion Project
will be required to have the SELECTED PROPOSER guarantee the
process performance of the MBR System to achieve the effluent criteria
for a continuous period of two years after Conditional Acceptance of the
MBR System, i.e. one year between Conditional Acceptance and Final
Acceptance and for an extended period of one year after Final Acceptance.
If during the two-year guarantee period the MBR System does not
maintain compliance, the SELECTED PROPOSER shall submit a report
indicating why compliance has not been maintained and what steps need
to be taken to bring it into compliance. If it is determined by the OWNER
that the reason for non-compliance was due to circumstances beyond the
SELECTED PROPOER’s control, the process guarantee will end after the
stipulated two-year period. If compliance is not reached due to failure of
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equipment or other products and services provided by the GC or
SELECTED PROPOSER, the GC and SELECTED PROPOSER shall be
required to extend the process guarantee for an additional one-year period
beyond the date the failure occurred, if the failure occurs within one year
after Final Acceptance. If the failure occurs between the dates of
Conditional Acceptance and Final Acceptance, then the two-year process
guarantee period shall start over once the GC and Vendor have corrected
the problem.
C. PROCESS AND EQUIPMENT WARRANTY
1. The GC for the Centreville WWTP ENR Upgrade and Expansion will be
required to have the SELECTED PROPOSER warrant to the OWNER that
the MBR system equipment, materials, and services to be provided by the
SELECTED PROPOSER shall be free from defects in material and
workmanship. The GC will require the SELECTED PROPOSER to also
warrant that the MBR System will meet the performance levels specified
in the RFP. The GC shall require SELECTED PROPOSER to warrant and
guarantee all equipment for an extended period of one year after the date
of Final Acceptance of the Centreville WWTP ENR Upgrade and
Expansion. The OWNER is obligated to operate and maintain the MBR
System in accordance with SELECTED PROPOSER’s instructions, and to
make no unauthorized repairs or alterations for a period of two years after
Conditional Acceptance, i.e. one year between Conditional and Final
Acceptance and then for a one year extended period after Final
Acceptance. Upon reasonable notification by OWNER of any breach of
warranty, the GC shall require the SELECTED PROPOSER to take
corrective action, at SELECTED PROPOSER’s cost. SELECTED
PROPOSER acknowledges that failure of the MBR System will expose
the OWNER to fines and to other damages, expenses and costs at
Centreville WWTP. The GC will require that the SELECTED PROPOSER
shall reimburse and indemnify the OWNER from any such costs, fines,
damages, or expenses, including attorney's fees, incurred by the OWNER,
attributable to breach of warranty up to an amount of l00 percent of the
actual value of the proposal price of the SELECTED PROPOSER.
D. DESCRIPTION OF THE CENTREVILLE WWTP
1. Existing Treatment Process
a. The Centreville Wastewater Treatment Plant (WWTP) is an
advanced wastewater treatment facility using a sequencing batch
reactor (SBR) with an annual average design capacity of 0.542
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MGD. The OWNER provides partial nutrient removal in
accordance with the State of Maryland requirements.
2. Proposed Liquid Treatment Process Description
a. The proposed wastewater treatment process at the WWTP will
consist of the following processes, and be expanded to an annual
average flow treatment design capacity of 1.0 MGD:
i. Primary Screen, 6 mm opening
ii. Grit removal in inclined screw aerated chamber
iii. Secondary Screen, 2 mm maximum opening
iv. Flow Equalization Tank and Influent Pumping
v. Concrete 2-Train – 5-Stage Activated Sludge Reactor
Zones and MBR Zone
vi. Supplemental Carbon and Phosphorus Precipitant Dosing
vii. Ultraviolet Light Disinfection
viii. Aerobic Sludge Digestion
ix. Stabilized Sludge Dewatering
E. DOCUMENTS AVAILABLE
1. The following documents are available upon request for review by
PROPOSERS.
Issue Date Last Revision Document Title Type of
Date Document
Town of Centreville Wastewater Treatment
10/15/2002 12/12/2005 Record Drawings
Facilities Improvements
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PART II — PROPOSAL REQUIREMENTS
A. INSTRUCTIONS TO PROPOSERS
1. Terms used in these Instructions to Proposers have the meanings indicated
below:
Issuing Office – Whitman, Requardt & Associates, LLP
801 South Caroline Street
Baltimore, MD 21231
2. Request for Proposal (RFP) – The document that totally describes the
procurement process, forms the basis for proposals, and ultimately
becomes an element in the Agreements.
a. PROPOSER — Any individual, partnership, or corporation
submitting a proposal for this project acting directly or through a
duly authorized representative.
b. SELLER — The most qualified responsible PROPOSER
submitting a responsive proposal, with whom OWNER chooses to
incorporate into the Final Design of the project. The term “Vendor”
and “SELECTED PROPOSER” can be used interchangeably with
SELLER.
B. PRE-PROPOSAL CONFERENCE
1. A Pre-Proposal Conference will be held virtually on March 4, 2026. The
purpose of the Pre-Proposal Conference is for PROPOSERS to familiarize
themselves with the RFP and to ask questions pertaining to the RFP and
the Work. Attendance at the Pre-Proposal Conference is mandatory. This
conference will be held via Microsoft Teams using the meeting
information below:
a. Meeting ID: 252 580 927 111 91
b. Passcode: 4SN6gY9L
C. SITE TOUR
1. Site tours will not be provided.
D. INTERPRETATIONS AND ADDENDA
1. All questions about the meaning or intent of the Request for Proposal are
to be submitted in writing to Whitman, Requardt & Assoc., LLP Attention:
David Nixson (email - dnixson@wrallp.com). Interpretations or
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clarifications considered necessary in response to such questions will be
issued by Addenda emailed to all parties recorded by the Issuing Office as
having received the RFP. Questions received less than ten days prior to the
date for opening of Proposals may not be answered. Only questions
answered by Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
2. Addenda may be issued to clarify, correct, or change the Request for
Proposal as deemed advisable by OWNER or ENGINEER.
3. All Addenda shall become part of the Contract Documents and shall be
acknowledged in the proposal form. Failure of any PROPOSER to receive
any such Addenda shall not relieve said PROPOSER from any obligation
under his Proposal as submitted.
E. PROPOSAL FORMAT
1. PROPOSERS shall provide the appropriate information in accordance
with the content and format requirement set forth in the RFP. The proposal
shall consist of two files as described below.
2. The Proposal must be signed by the president or vice president of the
PROPOSER or by another officer with the authority to commit the
PROPOSERS to the performance of the contract services in accordance
with the terms of this RFP and a draft service contract. Unsigned proposals
will be rejected.
F. SUBMITTAL OF PROPOSALS
1. One electronic copy of the PART A – TECHNICAL PROPOSAL inclusive
of all information required in the RFP and one copy of the PART B –
FINANCIAL PROPOSAL, shall be submitted in a zip file no larger than
30 GB, emailed to David Nixson (dnixson@wrallp.com).
2. All proposals must be received at the aforementioned email address no
later than 2:00 PM Eastern Standard Time on March 27, 2026. All
PROPOSALS received after that time will be unopened and will not be
evaluated.
3. The zip file shall be labeled, respectively, “PROPOSER NAME -
PROPOSAL FOR THE TOWN OF CENTREVILLE MD MBR
SYSTEM”
4. "Faxed" proposals will not be considered "received".
G. TECHNICAL PROPOSAL REQUIREMENTS
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1. The required content of PART A – TECHNICAL PROPOSAL, is
discussed in further detail below, on a section-by-section basis.
a. Previous experience in successfully supplying MBR Systems for
municipal wastewater facilities in the United States with design
treatment capacity between 0.1 and 20 MGD annual average flow
shall be demonstrated. PROPOSER shall provide at least three (3)
reference systems operating for at least five (5) years. Reference
Systems shall be completed systems, for which the PROPOSER
manufactured and warrantied the membrane cassettes. Provide
name and telephone number of the owner for each reference MBR
System. References will be contacted, and non-responsive
references may result in the rejection of the PROPOSER.
b. The completeness of the Proposal will be evaluated for describing
the system being supplied, including the MBR System intended
operation, control, and capability to meet the required permeate
flow rate and water quality given the upstream treatment facilities,
and the performance test.
c. Detail the PROPOSER-supplied equipment scope and the
corresponding design criteria. Provide general arrangement
drawings for the membrane cassettes in the basin, air permeate
headers, valving, and connection hoses, and Process and
Instrumentation Diagrams (P&IDs). Provide a list of spare parts
and shelf spares supplied.
d. Detail the PROPOSER-provided services during design,
fabrication, installation, start-up, testing and during operations.
Also describe PROPOSER’s technical support resources located in
the United States, including where the engineering and technical
design of the system will take place, and the field services during
and following the construction of the project. Include MBR System
technical staff size and associated home office locations.
e. Provide the total annual energy demands of the MBR System, as
proposed by PROPOSER, when operating at the design average
flows and loads of 1 MGD, exclusive of the upstream activated
sludge process.
f. Detail the requirements for membrane backpulsing, relaxation,
chemical cleaning, etc. that impact the forward flow of permeate
from the system.
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g. Detail the annual quantities for cleaning chemical requirements
when the system is operating at the design annual average flow and
loads.
h. Provide proposed design, fabrication, delivery, installation, testing
and other schedules for the successful supply and testing of the
MBR System within the schedule indicated in this RFP.
i. Provide Letter of Compliance stating the specific MBR system
components being proposed comply with the Build America Buy
America (BABA) Act signed by responsible party. Each individual
piece of equipment of the MBR system must be BABA certified
and compliant.
j. Provide an example MBR System warranty that complies with the
specified requirements.
H. FINANCIAL PROPOSAL REQUIREMENTS
1. The required content of PART B – FINANCIAL PROPOSAL, is discussed
in further detail below, on a section-by-section basis.
2. Financial Proposal shall be its own document, separate from any other
Proposal information but included in the overall zip files, in accordance
with detailed submission instructions provided elsewhere in this RFP.
3. Financial Proposal shall include the information detailed in the
subsections that follow.
4. System Cost
a. PROPOSERS must propose a System Cost in the Bid Schedule
that clearly presents all payments and fees in consideration of the
scope of Work as described in the RFP. Specifically, the System
Cost must contain all payment information and conditions in detail
sufficient to allow the OWNER to perform a comparative
evaluation of all Proposals.
b. PROPOSERS may provide a brief narrative discussion of the
System Cost pricing and financial proposal matters, at their
discretion.
I. PROPOSAL SECURITY
1. The proposal must be accompanied by a proposal deposit in the form of a
certified check on, or a treasurer’s or cashier’s check issued by, a
responsible bank or trust company and payable to the order of the Town
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Council of Centreville, Maryland or by a PROPOSAL BOND prepared on
the form of PROPOSAL BOND (see Appendix C) attached hereto duly
executed and acknowledged by the PROPOSER, as Principal, and by a
surety company qualified to do business in the State of Maryland and
satisfactory to the OWNER, as Surety. The check or PROPOSAL BOND
shall be in the sum of five (5) percent of the MBR System value included
in the proposal and shall be enclosed in the sealed envelope containing
PART B – FINANCIAL PROPOSAL. The PROPOSER is required to
provide proposal security for a proposal holding period of twelve (12)
months.
2. Each such check or PROPOSAL BOND may be held by the OWNER as
security for the fulfillment of the PROPOSER’s agreements as
hereinabove set forth and as set forth in the proposal. Should the
PROPOSER fail to fulfill such agreements, their proposal check shall
become the property of the OWNER. Or, if a PROPOSAL BOND was
furnished, the PROPOSAL BOND shall become payable to the OWNER;
otherwise, the proposal check shall be returned to the PROPOSER as
hereinafter provided, or if the security is a PROPOSAL BOND, the
PROPOSAL BOND shall become null and void.
3. Proposal checks will be returned to all but the PROPOSER.
J. TECHNICAL EVALUATION CRITERIA
1. The technical qualifications proposal, PART A, shall describe in detail the
MBR System, and the experience of the bidder with the supply of MBR
Systems.
2. The technical review committee will evaluate the PROPOSERS on the
basis of the following criteria. In order to be considered responsive,
PROPOSERS shall submit descriptive material for all ten (10) criteria.
3. Evaluation Scoring: Evaluation scoring for each Manufacturer's proposal
will be broken down into the following categories as shown, with the
highest total score (sum of points from Part 1 and 2 in Table 2)
representing the highest ranked Manufacturer.
4. Evaluation Criteria: The criteria for evaluating categories (a-j) under Part
1 in Table 2 will be based on assessment of the response to the items
detailed in Paragraph G.1, Technical Proposal Requirements.
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Table 2 - Evaluation Criteria for MBR System
Maximum
Evaluation Category
Points
Part 1 – Experience, Technical, Performance, and Service
a. Demonstrated Previous Experience 15
b. Completeness of Proposal 5
c. Equipment Scope and Design Criteria 5
d. PROPOSER-Provided Services 5
e. Total Annual Energy Demands 5
f. Requirements for Membrane Backpulsing, Relaxation, Chemical
5
Cleaning, etc.
g. Annual Quantities for Cleaning Chemical Requirements 5
h. Proposed Schedules Comply with the Schedule Indicated in this RFP 5
i. BABA Act Letter of Compliance 20
j. Warranty 5
Part 2 – Price Evaluation
k. Price Evaluation 25
Maximum Total Points 100
K. FINANCIAL EVALUATION CRITERIA
1. The financial comparison of proposed prices will result in the ranking of
the Financial Proposals by the Price Evaluation.
2. Price Evaluation will be the Grand Total (Bid Item 101).
3. Conversion of Price Evaluation to Points: Each Manufacturer's price
points will be determined by comparing the Price Evaluation of the
specific manufacturer being evaluated and applying this ratio to the
“Maximum Points (25)” available for Price Evaluation. The formula is as
follows:
Price Evaluation Points = [Lowest of all PROPOSERS Grand Total Bid Item 101] /
[PROPOSER’s Grand Total Bid Item 101] x “Maximum Points”
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4. Additional information or clarification of a Manufacturer's proposal
response may be requested as part of the evaluation process. Such requests
will be in writing. Written responses by the Manufacturer will be
considered part of its proposal package.
5. The OWNER reserves the right to make appropriate adjustments to fairly
compare all PROPOSALS.
L. REVIEW COMMITTEE
1. The Review Committee will include designated representatives from the
OWNER and the ENGINEER.
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PART III — FORMS
Proposal forms included in Appendix B :
ADDENDUM FORM
COST PROPOSAL FORM
1. PROPOSERS shall complete both forms included in Appendix B and
include with proposal.
Proposal forms included in Appendix C:
PROPOSAL BOND
2. PROPOSERS shall complete EJCDC C-430 Bid Bond Penal Sum
included in Appendix C and include with proposal.
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PART IV — SPECIFICATIONS
DIVISION 0 – PROCUREMENT TERMS
00 07 00 STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
00 13 01 ADMINISTRATIVE REQUIREMENTS
00 16 01 PRODUCT REQUIREMENTS
00 17 01 SPECIAL SERVICES
DIVISION 40—PROCESS CONTROL AND ENTERPRISE MANAGEMENT
SYSTEMS
40 61 00 PACKAGE PROCESS CONTROL REQUIREMENTS
DIVISION 46—WATER AND WASTEWATER EQUIPMENT
46 53 49 MBR SYSTEM
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This document has important legal consequences; consultation with an attorney is encouraged with
respect to its use or modification. This document should be adapted to the particular circumstances of
the contemplated Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared By
Endorsed By
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1—Definitions and Terminology ........................................................................................................ 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 6
Article 2—Preliminary Matters ..................................................................................................................... 7
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance......................................... 7
2.02 Copies of Documents .................................................................................................................... 7
2.03 Before Starting Construction ........................................................................................................ 7
2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8
2.05 Acceptance of Schedules .............................................................................................................. 8
2.06 Electronic Transmittals ................................................................................................................. 8
Article 3—Contract Documents: Intent, Requirements, Reuse .................................................................... 9
3.01 Intent ............................................................................................................................................. 9
3.02 Reference Standards ..................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies ...................................................................................... 10
3.04 Requirements of the Contract Documents ................................................................................. 10
3.05 Reuse of Documents ................................................................................................................... 11
Article 4—Commencement and Progress of the Work .............................................................................. 11
4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11
4.02 Starting the Work ........................................................................................................................ 11
4.03 Reference Points ......................................................................................................................... 11
4.04 Progress Schedule ....................................................................................................................... 12
4.05 Delays in Contractor’s Progress .................................................................................................. 12
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13
5.01 Availability of Lands .................................................................................................................... 13
5.02 Use of Site and Other Areas ........................................................................................................ 14
5.03 Subsurface and Physical Conditions ............................................................................................ 15
5.04 Differing Subsurface or Physical Conditions ............................................................................... 16
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 5

5.05 Underground Facilities ................................................................................................................ 17
5.06 Hazardous Environmental Conditions at Site ............................................................................. 19
Article 6—Bonds and Insurance .................................................................................................................. 21
6.01 Performance, Payment, and Other Bonds .................................................................................. 21
6.02 Insurance—General Provisions ................................................................................................... 22
6.03 Contractor’s Insurance ................................................................................................................ 24
6.04 Builder’s Risk and Other Property Insurance .............................................................................. 25
6.05 Property Losses; Subrogation ..................................................................................................... 25
6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27
Article 7—Contractor’s Responsibilities ..................................................................................................... 27
7.01 Contractor’s Means and Methods of Construction .................................................................... 27
7.02 Supervision and Superintendence .............................................................................................. 27
7.03 Labor; Working Hours ................................................................................................................. 27
7.04 Services, Materials, and Equipment ........................................................................................... 28
7.05 “Or Equals” .................................................................................................................................. 28
7.06 Substitutes .................................................................................................................................. 29
7.07 Concerning Subcontractors and Suppliers .................................................................................. 31
7.08 Patent Fees and Royalties ........................................................................................................... 32
7.09 Permits ........................................................................................................................................ 33
7.10 Taxes ........................................................................................................................................... 33
7.11 Laws and Regulations .................................................................................................................. 33
7.12 Record Documents ...................................................................................................................... 33
7.13 Safety and Protection ................................................................................................................. 34
7.14 Hazard Communication Programs .............................................................................................. 35
7.15 Emergencies ................................................................................................................................ 35
7.16 Submittals ................................................................................................................................... 35
7.17 Contractor’s General Warranty and Guarantee ......................................................................... 38
7.18 Indemnification ........................................................................................................................... 39
7.19 Delegation of Professional Design Services ................................................................................ 39
Article 8—Other Work at the Site ............................................................................................................... 40
8.01 Other Work ................................................................................................................................. 40
8.02 Coordination ............................................................................................................................... 41
8.03 Legal Relationships ...................................................................................................................... 41
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 2 of 5

Article 9—Owner’s Responsibilities ............................................................................................................ 42
9.01 Communications to Contractor .................................................................................................. 42
9.02 Replacement of Engineer ............................................................................................................ 42
9.03 Furnish Data ................................................................................................................................ 42
9.04 Pay When Due ............................................................................................................................. 42
9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43
9.06 Insurance ..................................................................................................................................... 43
9.07 Change Orders ............................................................................................................................ 43
9.08 Inspections, Tests, and Approvals ............................................................................................... 43
9.09 Limitations on Owner’s Responsibilities ..................................................................................... 43
9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43
9.11 Evidence of Financial Arrangements ........................................................................................... 43
9.12 Safety Programs .......................................................................................................................... 43
Article 10—Engineer’s Status During Construction .................................................................................... 44
10.01 Owner’s Representative .......................................................................................................... 44
10.02 Visits to Site ............................................................................................................................. 44
10.03 Resident Project Representative............................................................................................. 44
10.04 Engineer’s Authority ............................................................................................................... 44
10.05 Determinations for Unit Price Work ....................................................................................... 45
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45
10.07 Limitations on Engineer’s Authority and Responsibilities ...................................................... 45
10.08 Compliance with Safety Program ............................................................................................ 45
Article 11—Changes to the Contract .......................................................................................................... 46
11.01 Amending and Supplementing the Contract .......................................................................... 46
11.02 Change Orders ........................................................................................................................ 46
11.03 Work Change Directives .......................................................................................................... 46
11.04 Field Orders ............................................................................................................................. 47
11.05 Owner-Authorized Changes in the Work ................................................................................ 47
11.06 Unauthorized Changes in the Work ........................................................................................ 47
11.07 Change of Contract Price ........................................................................................................ 47
11.08 Change of Contract Times ....................................................................................................... 49
11.09 Change Proposals .................................................................................................................... 49
11.10 Notification to Surety .............................................................................................................. 50
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 3 of 5

Article 12—Claims ....................................................................................................................................... 50
12.01 Claims ...................................................................................................................................... 50
Article 13—Cost of the Work; Allowances; Unit Price Work ...................................................................... 51
13.01 Cost of the Work ..................................................................................................................... 51
13.02 Allowances .............................................................................................................................. 55
13.03 Unit Price Work ....................................................................................................................... 55
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56
14.01 Access to Work ........................................................................................................................ 56
14.02 Tests, Inspections, and Approvals ........................................................................................... 56
14.03 Defective Work ....................................................................................................................... 57
14.04 Acceptance of Defective Work................................................................................................ 58
14.05 Uncovering Work .................................................................................................................... 58
14.06 Owner May Stop the Work ..................................................................................................... 58
14.07 Owner May Correct Defective Work ....................................................................................... 59
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 59
15.01 Progress Payments .................................................................................................................. 59
15.02 Contractor’s Warranty of Title ................................................................................................ 62
15.03 Substantial Completion ........................................................................................................... 62
15.04 Partial Use or Occupancy ........................................................................................................ 63
15.05 Final Inspection ....................................................................................................................... 64
15.06 Final Payment .......................................................................................................................... 64
15.07 Waiver of Claims ..................................................................................................................... 65
15.08 Correction Period .................................................................................................................... 66
Article 16—Suspension of Work and Termination ..................................................................................... 67
16.01 Owner May Suspend Work ..................................................................................................... 67
16.02 Owner May Terminate for Cause ............................................................................................ 67
16.03 Owner May Terminate for Convenience................................................................................. 68
16.04 Contractor May Stop Work or Terminate ............................................................................... 68
Article 17—Final Resolution of Disputes .................................................................................................... 69
17.01 Methods and Procedures ........................................................................................................ 69
Article 18—Miscellaneous .......................................................................................................................... 69
18.01 Giving Notice ........................................................................................................................... 69
18.02 Computation of Times............................................................................................................. 69
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 4 of 5

18.03 Cumulative Remedies ............................................................................................................. 70
18.04 Limitation of Damages ............................................................................................................ 70
18.05 No Waiver ............................................................................................................................... 70
18.06 Survival of Obligations ............................................................................................................ 70
18.07 Controlling Law ....................................................................................................................... 70
18.08 Assignment of Contract........................................................................................................... 70
18.09 Successors and Assigns ........................................................................................................... 70
18.10 Headings .................................................................................................................................. 70
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 5 of 5

STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with
initial capital letters, including the term’s singular and plural forms, will have the meaning
indicated in the definitions below. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which
clarify, correct, or change the Bidding Requirements or the proposed Contract
Documents.
2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth
the Contract Price and Contract Times, identifies the parties and the Engineer, and
designates the specific items that are Contract Documents.
3. Application for Payment—The document prepared by Contractor, in a form acceptable to
Engineer, to request progress or final payments, and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for
the Work to be performed.
5. Bidder—An individual or entity that submits a Bid to Owner.
6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and
all Addenda.
7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders,
Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.
8. Change Order—A document which is signed by Contractor and Owner and authorizes an
addition, deletion, or revision in the Work or an adjustment in the Contract Price or the
Contract Times, or other revision to the Contract, issued on or after the Effective Date of
the Contract.
9. Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth herein, seeking an adjustment in Contract Price or
Contract Times; contesting an initial decision by Engineer concerning the requirements of
the Contract Documents or the acceptability of Work under the Contract Documents;
challenging a set-off against payments due; or seeking other relief with respect to the
terms of the Contract.
10. Claim
a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance
with the procedural requirements set forth herein, seeking an adjustment of Contract
Price or Contract Times; contesting an initial decision by Engineer concerning the
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 70

requirements of the Contract Documents or the acceptability of Work under the
Contract Documents; contesting Engineer’s decision regarding a Change Proposal;
seeking resolution of a contractual issue that Engineer has declined to address; or
seeking other relief with respect to the terms of the Contract.
b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance
with the procedural requirements set forth herein, contesting Engineer’s decision
regarding a Change Proposal, or seeking resolution of a contractual issue that
Engineer has declined to address.
c. A demand or assertion by Owner or Contractor, duly submitted in compliance with
the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4,
concerning disputes arising after Engineer has issued a recommendation of final
payment.
d. A demand for money or services by a third party is not a Claim.
11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever
that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations
regulating, relating to, or imposing liability or standards of conduct concerning, any
hazardous, toxic, or dangerous waste, substance, or material.
12. Contract—The entire and integrated written contract between Owner and Contractor
concerning the Work.
13. Contract Documents—Those items so designated in the Agreement, and which together
comprise the Contract.
14. Contract Price—The money that Owner has agreed to pay Contractor for completion of
the Work in accordance with the Contract Documents.
15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve
Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
16. Contractor—The individual or entity with which Owner has contracted for performance
of the Work.
17. Cost of the Work—See Paragraph 13.01 for definition.
18. Drawings—The part of the Contract that graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
19. Effective Date of the Contract—The date, indicated in the Agreement, on which the
Contract becomes effective.
20. Electronic Document—Any Project-related correspondence, attachments to
correspondence, data, documents, drawings, information, or graphics, including but not
limited to Shop Drawings and other Submittals, that are in an electronic or digital format.
21. Electronic Means—Electronic mail (email), upload/download from a secure Project
website, or other communications methods that allow: (a) the transmission or
communication of Electronic Documents; (b) the documentation of transmissions,
including sending and receipt; (c) printing of the transmitted Electronic Document by the
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 70

recipient; (d) the storage and archiving of the Electronic Document by sender and
recipient; and (e) the use by recipient of the Electronic Document for purposes permitted
by this Contract. Electronic Means does not include the use of text messaging, or of
Facebook, Twitter, Instagram, or similar social media services for transmission of
Electronic Documents.
22. Engineer—The individual or entity named as such in the Agreement.
23. Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Contract Price or the Contract Times.
24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern
in such quantities or circumstances that may present a danger to persons or property
exposed thereto.
a. The presence at the Site of materials that are necessary for the execution of the Work,
or that are to be incorporated into the Work, and that are controlled and contained
pursuant to industry practices, Laws and Regulations, and the requirements of the
Contract, is not a Hazardous Environmental Condition.
b. The presence of Constituents of Concern that are to be removed or remediated as
part of the Work is not a Hazardous Environmental Condition.
c. The presence of Constituents of Concern as part of the routine, anticipated, and
obvious working conditions at the Site, is not a Hazardous Environmental Condition.
25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules,
regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and
all governmental bodies, agencies, authorities, and courts having jurisdiction.
26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real
property, or personal property.
27. Milestone—A principal event in the performance of the Work that the Contract requires
Contractor to achieve by an intermediate completion date, or by a time prior to
Substantial Completion of all the Work.
28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the
Bid.
29. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the
Contract Times will commence to run and on which Contractor shall start to perform the
Work.
30. Owner—The individual or entity with which Contractor has contracted regarding the
Work, and which has agreed to pay Contractor for the performance of the Work, pursuant
to the terms of the Contract.
31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising Contractor’s plan to accomplish the
Work within the Contract Times.
32. Project—The total undertaking to be accomplished for Owner by engineers, contractors,
and others, including planning, study, design, construction, testing, commissioning, and
start-up, and of which the Work to be performed under the Contract Documents is a part.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 70

33. Resident Project Representative—The authorized representative of Engineer assigned to
assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR)
includes any assistants or field staff of Resident Project Representative.
34. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements for Engineer’s review of the submittals.
36. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
reviewing Contractor’s Applications for Payment.
37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether
approved or not, are not Drawings and are not Contract Documents.
38. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed, including rights-of-way and easements, and
such other lands or areas furnished by Owner which are designated for the use of
Contractor.
39. Specifications—The part of the Contract that consists of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable to the Work.
40. Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
41. Submittal—A written or graphic document, prepared by or for Contractor, which the
Contract Documents require Contractor to submit to Engineer, or that is indicated as a
Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include
Shop Drawings and Samples; schedules; product data; Owner-delegated designs;
sustainable design information; information on special procedures; testing plans; results
of tests and evaluations, source quality-control testing and inspections, and field or Site
quality-control testing and inspections; warranties and certifications; Suppliers’
instructions and reports; records of delivery of spare parts and tools; operations and
maintenance data; Project photographic documentation; record documents; and other
such documents required by the Contract Documents. Submittals, whether or not
approved or accepted by Engineer, are not Contract Documents. Change Proposals,
Change Orders, Claims, notices, Applications for Payment, and requests for interpretation
or clarification are not Submittals.
42. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the purposes for which it is intended.
The terms “substantially complete” and “substantially completed” as applied to all or part
of the Work refer to Substantial Completion of such Work.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 70

43. Successful Bidder—The Bidder to which the Owner makes an award of contract.
44. Supplementary Conditions—The part of the Contract that amends or supplements these
General Conditions.
45. Supplier—A manufacturer, fabricator, supplier, distributor, or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or a Subcontractor.
46. Technical Data
a. Those items expressly identified as Technical Data in the Supplementary Conditions,
with respect to either (1) existing subsurface conditions at or adjacent to the Site, or
existing physical conditions at or adjacent to the Site including existing surface or
subsurface structures (except Underground Facilities) or (2) Hazardous
Environmental Conditions at the Site.
b. If no such express identifications of Technical Data have been made with respect to
conditions at the Site, then Technical Data is defined, with respect to conditions at
the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs,
recorded measurements of subsurface water levels, assessments of the condition of
subsurface facilities, laboratory test results, and other factual, objective information
regarding conditions at the Site that are set forth in any geotechnical, environmental,
or other Site or facilities conditions report prepared for the Project and made
available to Contractor.
c. Information and data regarding the presence or location of Underground Facilities
are not intended to be categorized, identified, or defined as Technical Data, and
instead Underground Facilities are shown or indicated on the Drawings.
47. Underground Facilities—All active or not-in-service underground lines, pipelines,
conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other
such facilities or systems at the Site, including but not limited to those facilities or systems
that produce, transmit, distribute, or convey telephone or other communications, cable
television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil
products, liquid petroleum products, water, steam, waste, wastewater, storm water,
other liquids or chemicals, or traffic or other control systems. An abandoned facility or
system is not an Underground Facility.
48. Unit Price Work—Work to be paid for on the basis of unit prices.
49. Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the result
of performing or providing all labor, services, and documentation necessary to produce
such construction; furnishing, installing, and incorporating all materials and equipment
into such construction; and may include related services such as testing, start-up, and
commissioning, all as required by the Contract Documents.
50. Work Change Directive—A written directive to Contractor issued on or after the Effective
Date of the Contract, signed by Owner and recommended by Engineer, ordering an
addition, deletion, or revision in the Work.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 70

1.02 Terminology
A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that
require initial capital letters, but, when used in the Bidding Requirements or Contract
Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,”
“as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an
exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,”
“suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are
used to describe an action or determination of Engineer as to the Work. It is intended that
such exercise of professional judgment, action, or determination will be solely to evaluate, in
general, the Work for compliance with the information in the Contract Documents and with
the design concept of the Project as a functioning whole as shown or indicated in the Contract
Documents (unless there is a specific statement indicating otherwise). The use of any such
term or adjective is not intended to and shall not be effective to assign to Engineer any duty
or authority to supervise or direct the performance of the Work, or any duty or authority to
undertake responsibility contrary to the provisions of Article 10 or any other provision of the
Contract Documents.
C. Day: The word “day” means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is
unsatisfactory, faulty, or deficient in that it:
1. does not conform to the Contract Documents;
2. does not meet the requirements of any applicable inspection, reference standard, test,
or approval referred to in the Contract Documents; or
3. has been damaged prior to Engineer’s recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 15.03 or Paragraph 15.04).
E. Furnish, Install, Perform, Provide
1. The word “furnish,” when used in connection with services, materials, or equipment,
means to supply and deliver said services, materials, or equipment to the Site (or some
other specified location) ready for use or installation and in usable or operable condition.
2. The word “install,” when used in connection with services, materials, or equipment,
means to put into use or place in final position said services, materials, or equipment
complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services, materials, or
equipment, means to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. If the Contract Documents establish an obligation of Contractor with respect to specific
services, materials, or equipment, but do not expressly use any of the four words
“furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said
services, materials, or equipment complete and ready for intended use.
EJCDC® C-700, Standard General Conditions of the Construction Contract.
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 70

F. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times”
or “Contract Times or Contract Price” or similar, indicate that such change applies to
(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as
warranted, even if the term “or both” is not expressed.
G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance
A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner the performance bond and
payment bond (if the Contract requires Contractor to furnish such bonds).
B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the
Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional
insured (as identified in the Contract), the certificates, endorsements, and other evidence of
insurance required to be provided by Contractor in accordance with Article 6, except to the
extent the Supplementary Conditions expressly establish other dates for delivery of specific
insurance policies.
C. Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and
all required bonds and insurance documentation, Owner shall promptly deliver to Contractor,
with copies to each additional insured (as identified in the Contract), the certificates and other
evidence of insurance required to be provided by Owner under Article 6.
2.02 Copies of Documents
A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully
signed counterpart of the Agreement), and one copy in electronic portable document format
(PDF). Additional printed copies will be furnished upon request at the cost of reproduction.
B. Owner shall maintain and safeguard at least one original printed record version of the
Contract, including Drawings and Specifications signed and sealed by Engineer and other
design professionals. Owner shall make such original printed record version of the Contract
available to Contractor for review. Owner may delegate the responsibilities under this
provision to Engineer.
2.03 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise
required by the Contract Documents), Contractor shall submit to Engineer for timely review:
1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for
starting and completing the various stages of the Work, including any Milestones
specified in the Contract;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices
of items which when added together equal the Contract Price and subdivides the Work
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into component parts in sufficient detail to serve as the basis for progress payments
during performance of the Work. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work.
2.04 Preconstruction Conference; Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties
as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for
handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment,
electronic or digital transmittals, and maintaining required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual
to act as its authorized representative with respect to the services and responsibilities under
the Contract. Such individuals shall have the authority to transmit and receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective
party.
2.05 Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference, attended
by Contractor, Engineer, and others as appropriate, will be held to review the schedules
submitted in accordance with Paragraph 2.03.A. No progress payment will be made to
Contractor until acceptable schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression
of the Work to completion within the Contract Times. Such acceptance will not impose
on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or
progress of the Work, nor interfere with or relieve Contractor from Contractor’s full
responsibility therefor.
2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a
workable arrangement for reviewing and processing the required submittals.
3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance
if it provides a reasonable allocation of the Contract Price to the component parts of the
Work.
4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and
resubmit the schedule.
2.06 Electronic Transmittals
A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor
may send, and shall accept, Electronic Documents transmitted by Electronic Means.
B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and
Contractor shall jointly develop such protocols.
C. Subject to any governing protocols for Electronic Means, when transmitting Electronic
Documents by Electronic Means, the transmitting party makes no representations as to long-
term compatibility, usability, or readability of the Electronic Documents resulting from the
recipient’s use of software application packages, operating systems, or computer hardware
differing from those used in the drafting or transmittal of the Electronic Documents.
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ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one Contract Document is
as binding as if required by all.
B. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents.
C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the
electronic versions of the Contract Documents (including any printed copies derived from
such electronic versions) and the printed record version, the printed record version will
govern.
D. The Contract supersedes prior negotiations, representations, and agreements, whether
written or oral.
E. Engineer will issue clarifications and interpretations of the Contract Documents as provided
herein.
F. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation will be deemed stricken, and all remaining provisions will continue to be
valid and binding upon Owner and Contractor, which agree that the Contract Documents will
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
G. Nothing in the Contract Documents creates:
1. any contractual relationship between Owner or Engineer and any Subcontractor,
Supplier, or other individual or entity performing or furnishing any of the Work, for the
benefit of such Subcontractor, Supplier, or other individual or entity; or
2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any
money due any such Subcontractor, Supplier, or other individual or entity, except as may
otherwise be required by Laws and Regulations.
3.02 Reference Standards
A. Standards Specifications, Codes, Laws and Regulations
1. Reference in the Contract Documents to standard specifications, manuals, reference
standards, or codes of any technical society, organization, or association, or to Laws or
Regulations, whether such reference be specific or by implication, means the standard
specification, manual, reference standard, code, or Laws or Regulations in effect at the
time of opening of Bids (or on the Effective Date of the Contract if there were no Bids),
except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard specification, manual, reference standard, or code, and
no instruction of a Supplier, will be effective to change the duties or responsibilities of
Owner, Contractor, or Engineer from those set forth in the part of the Contract
Documents prepared by or for Engineer. No such provision or instruction shall be effective
to assign to Owner or Engineer any duty or authority to supervise or direct the
performance of the Work, or any duty or authority to undertake responsibility
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inconsistent with the provisions of the part of the Contract Documents prepared by or for
Engineer.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each
part of the Work, Contractor shall carefully study the Contract Documents, and check and
verify pertinent figures and dimensions therein, particularly with respect to applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict,
error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of,
and shall not proceed with any Work affected thereby until the conflict, error, ambiguity,
or discrepancy is resolved by a clarification or interpretation by Engineer, or by an
amendment or supplement to the Contract issued pursuant to Paragraph 11.01.
2. Contractor’s Review of Contract Documents: If, before or during the performance of the
Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the
Contract Documents, or between the Contract Documents and (a) any applicable Law or
Regulation, (b) actual field conditions, (c) any standard specification, manual, reference
standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly
report it to Engineer in writing. Contractor shall not proceed with the Work affected
thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error,
ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or
by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions
of the part of the Contract Documents prepared by or for Engineer take precedence in
resolving any conflict, error, ambiguity, or discrepancy between such provisions of the
Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code, or
the instruction of any Supplier (whether or not specifically incorporated by reference
as a Contract Document); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would
result in violation of such Law or Regulation).
3.04 Requirements of the Contract Documents
A. During the performance of the Work and until final payment, Contractor and Owner shall
submit to the Engineer in writing all matters in question concerning the requirements of the
Contract Documents (sometimes referred to as requests for information or interpretation—
RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as
possible after such matters arise. Engineer will be the initial interpreter of the requirements
of the Contract Documents, and judge of the acceptability of the Work.
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B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or
decision on the issue submitted, or initiate an amendment or supplement to the Contract
Documents. Engineer’s written clarification, interpretation, or decision will be final and
binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner,
unless it appeals by filing a Claim.
C. If a submitted matter in question concerns terms and conditions of the Contract Documents
that do not involve (1) the performance or acceptability of the Work under the Contract
Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3)
other engineering or technical matters, then Engineer will promptly notify Owner and
Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner
and Contractor are unable to agree on resolution of such a matter in question, either party
may pursue resolution as provided in Article 12.
3.05 Reuse of Documents
A. Contractor and its Subcontractors and Suppliers shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer
or its consultants, including electronic media versions, or reuse any such Drawings,
Specifications, other documents, or copies thereof on extensions of the Project or any
other project without written consent of Owner and Engineer and specific written
verification or adaptation by Engineer; or
2. have or acquire any title or ownership rights in any other Contract Documents, reuse any
such Contract Documents for any purpose without Owner’s express written consent, or
violate any copyrights pertaining to such Contract Documents.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein precludes Contractor from retaining copies of the Contract
Documents for record purposes.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
4.01 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the 30th day after the Effective Date of the
Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Contract. In no event will the Contract Times commence to run later than the 60th day after
the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever
date is earlier.
4.02 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence
to run. No Work may be done at the Site prior to such date.
4.03 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which
in Engineer’s judgment are necessary to enable Contractor to proceed with the Work.
Contractor shall be responsible for laying out the Work, shall protect and preserve the
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established reference points and property monuments, and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to Engineer
whenever any reference point or property monument is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for
the accurate replacement or relocation of such reference points or property monuments by
professionally qualified personnel.
4.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with
Paragraph 2.05 as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Engineer for acceptance (to the extent indicated in
Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in
changing the Contract Times.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times must
be submitted in accordance with the requirements of Article 11.
B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work will be delayed or postponed pending resolution of any
disputes or disagreements, or during any appeal process, except as permitted by
Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.
4.05 Delays in Contractor’s Progress
A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in Contract Price or Contract Times.
B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay,
disruption, or interference caused by or within the control of Contractor. Delay, disruption,
and interference attributable to and within the control of a Subcontractor or Supplier shall be
deemed to be within the control of Contractor.
C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those
for which they are responsible, then Contractor shall be entitled to an equitable adjustment
in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the
delays, disruption, and interference described in this paragraph. Causes of delay, disruption,
or interference that may give rise to an adjustment in Contract Times under this paragraph
include but are not limited to the following:
1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and
earthquakes;
2. Abnormal weather conditions;
3. Acts or failures to act of third-party utility owners or other third-party entities (other than
those third-party utility owners or other third-party entities performing other work at or
adjacent to the Site as arranged by or under contract with Owner, as contemplated in
Article 8); and
4. Acts of war or terrorism.
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D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as
follows:
1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the
delay, disruption, or interference adversely affecting an activity on the critical path to
completion of the Work, as of the time of the delay, disruption, or interference.
2. Contractor shall not be entitled to an adjustment in Contract Price for any delay,
disruption, or interference if such delay is concurrent with a delay, disruption, or
interference caused by or within the control of Contractor. Such a concurrent delay by
Contractor shall not preclude an adjustment of Contract Times to which Contractor is
otherwise entitled.
3. Adjustments of Contract Times or Contract Price are subject to the provisions of
Article 11.
E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract
Price must be supplemented by supporting data that sets forth in detail the following:
1. The circumstances that form the basis for the requested adjustment;
2. The date upon which each cause of delay, disruption, or interference began to affect the
progress of the Work;
3. The date upon which each cause of delay, disruption, or interference ceased to affect the
progress of the Work;
4. The number of days’ increase in Contract Times claimed as a consequence of each such
cause of delay, disruption, or interference; and
5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07.
Contractor shall also furnish such additional supporting documentation as Owner or Engineer
may require including, where appropriate, a revised progress schedule indicating all the
activities affected by the delay, disruption, or interference, and an explanation of the effect
of the delay, disruption, or interference on the critical path to completion of the Work.
F. Delays, disruption, and interference to the performance or progress of the Work resulting
from the existence of a differing subsurface or physical condition, an Underground Facility
that was not shown or indicated by the Contract Documents, or not shown or indicated with
reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are
governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E.
G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress
of the Work resulting from the performance of certain other work at or adjacent to the Site.
ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
5.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
Contractor must comply in performing the Work.
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B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which permanent improvements are
to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s
or construction lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
5.02 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equipment, temporary construction facilities, the
storage of materials and equipment, and the operations of workers to the Site, adjacent
areas that Contractor has arranged to use through construction easements or otherwise,
and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and such other adjacent areas with construction equipment or other
materials or equipment. Contractor shall assume full responsibility for (a) damage to the
Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c)
damage to any other adjacent land or areas, or to improvements, structures, utilities, or
similar facilities located at such adjacent lands or areas; and (d) for injuries and losses
sustained by the owners or occupants of any such land or areas; provided that such
damage or injuries result from the performance of the Work or from other actions or
conduct of the Contractor or those for which Contractor is responsible.
2. If a damage or injury claim is made by the owner or occupant of any such land or area
because of the performance of the Work, or because of other actions or conduct of the
Contractor or those for which Contractor is responsible, Contractor shall (a) take
immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b)
promptly attempt to settle the claim as to all parties through negotiations with such
owner or occupant, or otherwise resolve the claim by arbitration or other dispute
resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent
permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer,
and the officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them, from and against any such claim, and against all
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner, Engineer, or any other party
indemnified hereunder to the extent caused directly or indirectly, in whole or in part by,
or based upon, Contractor’s performance of the Work, or because of other actions or
conduct of the Contractor or those for which Contractor is responsible.
B. Removal of Debris During Performance of the Work: During the progress of the Work the
Contractor shall keep the Site and other adjacent areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish,
and other debris will conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor
shall remove from the Site and adjacent areas all tools, appliances, construction equipment
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and machinery, and surplus materials and shall restore to original condition all property not
designated for alteration by the Contract Documents.
D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any part
of the Work or adjacent structures or land to stresses or pressures that will endanger them.
5.03 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site
that contain Technical Data;
2. Those drawings of existing physical conditions at or adjacent to the Site, including those
drawings depicting existing surface or subsurface structures at or adjacent to the Site
(except Underground Facilities), that contain Technical Data; and
3. Technical Data contained in such reports and drawings.
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings,
pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A.
Information and data regarding the presence or location of Underground Facilities are not
intended to be categorized, identified, or defined as Technical Data.
C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the
Technical Data expressly identified in the Supplementary Conditions with respect to such
reports and drawings, but such reports and drawings are not Contract Documents. If no such
express identification has been made, then Contractor may rely upon the accuracy of the
Technical Data as defined in Paragraph 1.01.A.46.b.
D. Limitations of Other Data and Documents: Except for such reliance on Technical Data,
Contractor may not rely upon or make any claim against Owner or Engineer, or any of their
officers, directors, members, partners, employees, agents, consultants, or subcontractors,
with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto;
2. other data, interpretations, opinions, and information contained in such reports or shown
or indicated in such drawings;
3. the contents of other Site-related documents made available to Contractor, such as
record drawings from other projects at or adjacent to the Site, or Owner’s archival
documents concerning the Site; or
4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such
other data, interpretations, opinions, or information.
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5.04 Differing Subsurface or Physical Conditions
A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is
uncovered or revealed at the Site:
1. is of such a nature as to establish that any Technical Data on which Contractor is entitled
to rely as provided in Paragraph 5.03 is materially inaccurate;
2. is of such a nature as to require a change in the Drawings or Specifications;
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing
the subsurface or physical conditions or performing any Work in connection therewith (except
in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about
such condition. Contractor shall not further disturb such condition or perform any Work in
connection therewith (except with respect to an emergency) until receipt of a written
statement permitting Contractor to do so.
B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph,
Engineer will promptly review the subsurface or physical condition in question; determine
whether it is necessary for Owner to obtain additional exploration or tests with respect to the
condition; conclude whether the condition falls within any one or more of the differing site
condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information
from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption
of Work in connection with the subsurface or physical condition in question and the need for
any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s
findings, conclusions, and recommendations.
C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written
findings, conclusions, and recommendations, Owner shall issue a written statement to
Contractor (with a copy to Engineer) regarding the subsurface or physical condition in
question, addressing the resumption of Work in connection with such condition, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations, in whole or in part.
D. Early Resumption of Work: If at any time Engineer determines that Work in connection with
the subsurface or physical condition in question may resume prior to completion of Engineer’s
review or Owner’s issuance of its statement to Contractor, because the condition in question
has been adequately documented, and analyzed on a preliminary basis, then the Engineer
may at its discretion instruct Contractor to resume such Work.
E. Possible Price and Times Adjustments
1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract
Times, to the extent that the existence of a differing subsurface or physical condition, or
any related delay, disruption, or interference, causes an increase or decrease in
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Contractor’s cost of, or time required for, performance of the Work; subject, however, to
the following:
a. Such condition must fall within any one or more of the categories described in
Paragraph 5.04.A;
b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraph 13.03; and,
c. Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times
with respect to a subsurface or physical condition if:
a. Contractor knew of the existence of such condition at the time Contractor made a
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract, or otherwise;
b. The existence of such condition reasonably could have been discovered or revealed
as a result of any examination, investigation, exploration, test, or study of the Site and
contiguous areas expressly required by the Bidding Requirements or Contract
Documents to be conducted by or for Contractor prior to Contractor’s making such
commitment; or
c. Contractor failed to give the written notice required by Paragraph 5.04.A.
3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or
extent of any adjustment in the Contract Price or Contract Times, then any such
adjustment will be set forth in a Change Order.
4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days
after Owner’s issuance of the Owner’s written statement to Contractor regarding the
subsurface or physical condition in question.
F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights
and responsibilities regarding the presence or location of Underground Facilities.
Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental
Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or
location of Underground Facilities, or to Hazardous Environmental Conditions.
5.05 Underground Facilities
A. Contractor’s Responsibilities: Unless it is otherwise expressly provided in the Supplementary
Conditions, the cost of all of the following are included in the Contract Price, and Contractor
shall have full responsibility for:
1. reviewing and checking all information and data regarding existing Underground Facilities
at the Site;
2. complying with applicable state and local utility damage prevention Laws and
Regulations;
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3. verifying the actual location of those Underground Facilities shown or indicated in the
Contract Documents as being within the area affected by the Work, by exposing such
Underground Facilities during the course of construction;
4. coordination of the Work with the owners (including Owner) of such Underground
Facilities, during construction; and
5. the safety and protection of all existing Underground Facilities at the Site, and repairing
any damage thereto resulting from the Work.
B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or
revealed at the Site was not shown or indicated on the Drawings, or was not shown or
indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after
becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by
Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility.
C. Engineer’s Review: Engineer will:
1. promptly review the Underground Facility and conclude whether such Underground
Facility was not shown or indicated on the Drawings, or was not shown or indicated with
reasonable accuracy;
2. identify and communicate with the owner of the Underground Facility; prepare
recommendations to Owner (and if necessary issue any preliminary instructions to
Contractor) regarding the Contractor’s resumption of Work in connection with the
Underground Facility in question;
3. obtain any pertinent cost or schedule information from Contractor; determine the extent,
if any, to which a change is required in the Drawings or Specifications to reflect and
document the consequences of the existence or location of the Underground Facility; and
4. advise Owner in writing of Engineer’s findings, conclusions, and recommendations.
During such time, Contractor shall be responsible for the safety and protection of such
Underground Facility.
D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s
written findings, conclusions, and recommendations, Owner shall issue a written statement
to Contractor (with a copy to Engineer) regarding the Underground Facility in question
addressing the resumption of Work in connection with such Underground Facility, indicating
whether any change in the Drawings or Specifications will be made, and adopting or rejecting
Engineer’s written findings, conclusions, and recommendations in whole or in part.
E. Early Resumption of Work: If at any time Engineer determines that Work in connection with
the Underground Facility may resume prior to completion of Engineer’s review or Owner’s
issuance of its statement to Contractor, because the Underground Facility in question and
conditions affected by its presence have been adequately documented, and analyzed on a
preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such
Work.
F. Possible Price and Times Adjustments
1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract
Times, to the extent that any existing Underground Facility at the Site that was not shown
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or indicated on the Drawings, or was not shown or indicated with reasonable accuracy,
or any related delay, disruption, or interference, causes an increase or decrease in
Contractor’s cost of, or time required for, performance of the Work; subject, however, to
the following:
a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraph 13.03;
b. Contractor’s entitlement to an adjustment of the Contract Times is subject to the
provisions of Paragraphs 4.05.D and 4.05.E; and
c. Contractor gave the notice required in Paragraph 5.05.B.
2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or
extent of any adjustment in the Contract Price or Contract Times, then any such
adjustment will be set forth in a Change Order.
3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or
extent of any adjustment in the Contract Price or Contract Times, no later than 30 days
after Owner’s issuance of the Owner’s written statement to Contractor regarding the
Underground Facility in question.
4. The information and data shown or indicated on the Drawings with respect to existing
Underground Facilities at the Site is based on information and data (a) furnished by the
owners of such Underground Facilities, or by others, (b) obtained from available records,
or (c) gathered in an investigation conducted in accordance with the current edition of
ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data, by the American Society of Civil Engineers. If such information or data is incorrect
or incomplete, Contractor’s remedies are limited to those set forth in this
Paragraph 5.05.F.
5.06 Hazardous Environmental Conditions at Site
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site;
2. drawings known to Owner relating to Hazardous Environmental Conditions that have
been identified at or adjacent to the Site; and
3. Technical Data contained in such reports and drawings.
B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy
of the Technical Data expressly identified in the Supplementary Conditions with respect to
such reports and drawings, but such reports and drawings are not Contract Documents. If no
such express identification has been made, then Contractor may rely on the accuracy of the
Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical
Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of
their officers, directors, members, partners, employees, agents, consultants, or
subcontractors, with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but
not limited to, any aspects of the means, methods, techniques, sequences and procedures
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of construction to be employed by Contractor, and safety precautions and programs
incident thereto;
2. other data, interpretations, opinions, and information contained in such reports or shown
or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for removing or remediating any Hazardous
Environmental Condition encountered, uncovered, or revealed at the Site unless such
removal or remediation is expressly identified in the Contract Documents to be within the
scope of the Work.
D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents
of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for
whom Contractor is responsible, and for any associated costs; and for the costs of removing
and remediating any Hazardous Environmental Condition created by the presence of any such
Constituents of Concern.
E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose
removal or remediation is not expressly identified in the Contract Documents as being within
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates
a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or
otherwise isolate such condition; (2) stop all Work in connection with such condition and in
any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3)
notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner
shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified
expert to evaluate such condition or take corrective action, if any. Promptly after consulting
with Engineer, Owner shall take such actions as are necessary to permit Owner to timely
obtain required permits and provide Contractor the written notice required by
Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the
Hazardous Environmental Condition in question, then Owner may remove and remediate the
Hazardous Environmental Condition, and impose a set-off against payments to account for
the associated costs.
F. Contractor shall not resume Work in connection with such Hazardous Environmental
Condition or in any affected area until after Owner has obtained any required permits related
thereto, and delivered written notice to Contractor either (1) specifying that such condition
and any affected area is or has been rendered safe for the resumption of Work, or (2)
specifying any special conditions under which such Work may be resumed safely.
G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any,
of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such
special conditions under which Work is agreed to be resumed by Contractor, or any costs or
expenses incurred in response to the Hazardous Environmental Condition, then within 30
days of Owner’s written notice regarding the resumption of Work, Contractor may submit a
Change Proposal, or Owner may impose a set-off. Entitlement to any such adjustment is
subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08.
H. If, after receipt of such written notice, Contractor does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to resume such Work under such special
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conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work, following the contractual change procedures in
Article 11. Owner may have such deleted portion of the Work performed by Owner’s own
forces or others in accordance with Article 8.
I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them, from
and against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals, and all court, arbitration,
or other dispute resolution costs) arising out of or relating to a Hazardous Environmental
Condition, provided that such Hazardous Environmental Condition (1) was not shown or
indicated in the Drawings, Specifications, or other Contract Documents, identified as
Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the
Contract Documents to be included within the scope of the Work, and (2) was not created by
Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I
obligates Owner to indemnify any individual or entity from and against the consequences of
that individual’s or entity’s own negligence.
J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them, from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to the failure to control, contain, or remove a
Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor
is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone
for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to
indemnify any individual or entity from and against the consequences of that individual’s or
entity’s own negligence.
K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents
of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.
ARTICLE 6—BONDS AND INSURANCE
6.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least
equal to the Contract Price, as security for the faithful performance and payment of
Contractor’s obligations under the Contract. These bonds must remain in effect until one year
after the date when final payment becomes due or until completion of the correction period
specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or
Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other
provisions of the Contract.
B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary
Conditions or other provisions of the Contract.
C. All bonds must be in the form included in the Bidding Documents or otherwise specified by
Owner prior to execution of the Contract, except as provided otherwise by Laws or
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Regulations, and must be issued and signed by a surety named in “Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Department Circular 570 (as amended and
supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond
signed by an agent or attorney-in-fact must be accompanied by a certified copy of that
individual’s authority to bind the surety. The evidence of authority must show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.
D. Contractor shall obtain the required bonds from surety companies that are duly licensed or
authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the
required amounts.
E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or
the surety ceases to meet the requirements above, then Contractor shall promptly notify
Owner and Engineer in writing and shall, within 20 days after the event giving rise to such
notification, provide another bond and surety, both of which must comply with the bond and
surety requirements above.
F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from
the Site and exercise Owner’s termination rights under Article 16.
G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming
to have furnished labor, services, materials, or equipment used in the performance of the
Work, Owner shall provide a copy of the payment bond to such person or entity.
H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity
claiming to have furnished labor, services, materials, or equipment used in the performance
of the Work, Contractor shall provide a copy of the payment bond to such person or entity.
6.02 Insurance—General Provisions
A. Owner and Contractor shall obtain and maintain insurance as required in this article and in
the Supplementary Conditions.
B. All insurance required by the Contract to be purchased and maintained by Owner or
Contractor shall be obtained from insurance companies that are duly licensed or authorized
in the state or jurisdiction in which the Project is located to issue insurance policies for the
required limits and coverages. Unless a different standard is indicated in the Supplementary
Conditions, all companies that provide insurance policies required under this Contract shall
have an A.M. Best rating of A-VII or better.
C. Alternative forms of insurance coverage, including but not limited to self-insurance and
“Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet
the insurance requirements of this Contract, unless expressly allowed in the Supplementary
Conditions.
D. Contractor shall deliver to Owner, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Contractor has
obtained and is maintaining the policies and coverages required by the Contract. Upon
request by Owner or any other insured, Contractor shall also furnish other evidence of such
required insurance, including but not limited to copies of policies, documentation of
applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant
exclusions, and evidence of insurance required to be purchased and maintained by
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Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor,
Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing
information and (2) any wording specific to a project or jurisdiction other than those
applicable to this Contract.
E. Owner shall deliver to Contractor, with copies to each additional insured identified in the
Contract, certificates of insurance and endorsements establishing that Owner has obtained
and is maintaining the policies and coverages required of Owner by the Contract (if any). Upon
request by Contractor or any other insured, Owner shall also provide other evidence of such
required insurance (if any), including but not limited to copies of policies, documentation of
applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all
relevant exclusions. In any documentation furnished under this provision, Owner may block
out (redact) (1) any confidential premium or pricing information and (2) any wording specific
to a project or jurisdiction other than those relevant to this Contract.
F. Failure of Owner or Contractor to demand such certificates or other evidence of the other
party’s full compliance with these insurance requirements, or failure of Owner or Contractor
to identify a deficiency in compliance from the evidence provided, will not be construed as a
waiver of the other party’s obligation to obtain and maintain such insurance.
G. In addition to the liability insurance required to be provided by Contractor, the Owner, at
Owner’s option, may purchase and maintain Owner’s own liability insurance. Owner’s liability
policies, if any, operate separately and independently from policies required to be provided
by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of
Contractor’s obligations to the Owner, Engineer, or third parties.
H. Contractor shall require:
1. Subcontractors to purchase and maintain worker’s compensation, commercial general
liability, and other insurance that is appropriate for their participation in the Project, and
to name as additional insureds Owner and Engineer (and any other individuals or entities
identified in the Supplementary Conditions as additional insureds on Contractor’s liability
policies) on each Subcontractor’s commercial general liability insurance policy; and
2. Suppliers to purchase and maintain insurance that is appropriate for their participation in
the Project.
I. If either party does not purchase or maintain the insurance required of such party by the
Contract, such party shall notify the other party in writing of such failure to purchase prior to
the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
J. If Contractor has failed to obtain and maintain required insurance, Contractor’s entitlement
to enter or remain at the Site will end immediately, and Owner may impose an appropriate
set-off against payment for any associated costs (including but not limited to the cost of
purchasing necessary insurance coverage), and exercise Owner’s termination rights under
Article 16.
K. Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect (but is in no way obligated) to obtain equivalent
insurance to protect such other party’s interests at the expense of the party who was required
to provide such coverage, and the Contract Price will be adjusted accordingly.
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L. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor or Contractor’s interests. Contractor is
responsible for determining whether such coverage and limits are adequate to protect its
interests, and for obtaining and maintaining any additional insurance that Contractor deems
necessary.
M. The insurance and insurance limits required herein will not be deemed as a limitation on
Contractor’s liability, or that of its Subcontractors or Suppliers, under the indemnities granted
to Owner and other individuals and entities in the Contract or otherwise.
N. All the policies of insurance required to be purchased and maintained under this Contract will
contain a provision or endorsement that the coverage afforded will not be canceled, or
renewal refused, until at least 10 days prior written notice has been given to the purchasing
policyholder. Within three days of receipt of any such written notice, the purchasing
policyholder shall provide a copy of the notice to each other insured and Engineer.
6.03 Contractor’s Insurance
A. Required Insurance: Contractor shall purchase and maintain Worker’s Compensation,
Commercial General Liability, and other insurance pursuant to the specific requirements of
the Supplementary Conditions.
B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented
must:
1. include at least the specific coverages required;
2. be written for not less than the limits provided, or those required by Laws or Regulations,
whichever is greater;
3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D),
and longer if expressly required elsewhere in this Contract, and at all times thereafter
when Contractor may be correcting, removing, or replacing defective Work as a warranty
or correction obligation, or otherwise, or returning to the Site to conduct other tasks
arising from the Contract;
4. apply with respect to the performance of the Work, whether such performance is by
Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed
by any of them to perform any of the Work, or by anyone for whose acts any of them may
be liable; and
5. include all necessary endorsements to support the stated requirements.
C. Additional Insureds: The Contractor’s commercial general liability, automobile liability,
employer’s liability, umbrella or excess, pollution liability, and unmanned aerial vehicle
liability policies, if required by this Contract, must:
1. include and list as additional insureds Owner and Engineer, and any individuals or entities
identified as additional insureds in the Supplementary Conditions;
2. include coverage for the respective officers, directors, members, partners, employees,
and consultants of all such additional insureds;
3. afford primary coverage to these additional insureds for all claims covered thereby
(including as applicable those arising from both ongoing and completed operations);
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4. not seek contribution from insurance maintained by the additional insured; and
5. as to commercial general liability insurance, apply to additional insureds with respect to
liability caused in whole or in part by Contractor’s acts or omissions, or the acts and
omissions of those working on Contractor’s behalf, in the performance of Contractor’s
operations.
6.04 Builder’s Risk and Other Property Insurance
A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall
purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in
the amount of the Work’s full insurable replacement cost (subject to such deductible amounts
as may be provided in the Supplementary Conditions or required by Laws and Regulations).
The specific requirements applicable to the builder’s risk insurance are set forth in the
Supplementary Conditions.
B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for
obtaining and maintaining property insurance covering each existing structure, building, or
facility in which any part of the Work will occur, or to which any part of the Work will attach
or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a
replacement cost basis, providing coverage consistent with that required for the builder’s risk
insurance, and will be maintained until the Work is complete, as set forth in
Paragraph 15.06.D.
C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial
Completion, and before actual occupancy or use of the substantially completed Work, Owner
will obtain property insurance for such substantially completed Work, and maintain such
property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such
property insurance will be written on a special perils (all-risk) form, on a replacement cost
basis, and provide coverage consistent with that required for the builder’s risk insurance. The
builder’s risk insurance may terminate upon written confirmation of Owner’s procurement of
such property insurance.
D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then
Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will
provide advance notice of such occupancy or use to the builder’s risk insurer, and obtain an
endorsement consenting to the continuation of coverage prior to commencing such partial
occupancy or use.
E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the
Contract do not require or address the insurance of a property item or interest, then the entity
or individual owning such property item will be responsible for insuring it. If Contractor elects
to obtain other special insurance to be included in or supplement the builder’s risk or property
insurance policies provided under this Paragraph 6.04, it may do so at Contractor’s expense.
6.05 Property Losses; Subrogation
A. The builder’s risk insurance policy purchased and maintained in accordance with
Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary
Conditions), will contain provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any insureds thereunder, or against
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Engineer or its consultants, or their officers, directors, members, partners, employees, agents,
consultants, or subcontractors.
1. Owner and Contractor waive all rights against each other and the respective officers,
directors, members, partners, employees, agents, consultants, and subcontractors of
each and any of them, for all losses and damages caused by, arising out of, or resulting
from any of the perils, risks, or causes of loss covered by such policies and any other
property insurance applicable to the Work; and, in addition, waive all such rights against
Engineer, its consultants, all individuals or entities identified in the Supplementary
Conditions as builder’s risk or installation floater insureds, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any
of them, under such policies for losses and damages so caused.
2. None of the above waivers extends to the rights that any party making such waiver may
have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or
otherwise payable under any policy so issued.
B. Any property insurance policy maintained by Owner covering any loss, damage, or
consequential loss to Owner’s existing structures, buildings, or facilities in which any part of
the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent
structures, buildings, or facilities of Owner; or to part or all of the completed or substantially
completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after
Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to
Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss
or damage the insurer will have no rights of recovery against any insureds thereunder, or
against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners,
employees, agents, consultants, or subcontractors of each and any of them, and that the
insured is allowed to waive the insurer’s rights of subrogation in a written contract executed
prior to the loss, damage, or consequential loss.
1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the
officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them, for all losses and damages caused by, arising out
of, or resulting from fire or any of the perils, risks, or causes of loss covered by such
policies.
C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption,
loss of use, or other consequential loss extending beyond direct physical loss or damage to
Owner’s property or the Work caused by, arising out of, or resulting from fire or other insured
peril, risk, or cause of loss.
D. Contractor shall be responsible for assuring that each Subcontract contains provisions
whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or
entities identified in the Supplementary Conditions as insureds, the Engineer and its
consultants, and the officers, directors, members, partners, employees, agents, consultants,
and subcontractors of each and any of them, for all losses and damages caused by, arising out
of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder’s
risk insurance, installation floater, and any other property insurance applicable to the Work.
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6.06 Receipt and Application of Property Insurance Proceeds
A. Any insured loss under the builder’s risk and other policies of property insurance required by
Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy.
Such named insured shall act as fiduciary for the other insureds, and give notice to such other
insureds that adjustment and settlement of a claim is in progress. Any other insured may state
its position regarding a claim for insured loss in writing within 15 days after notice of such
claim.
B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple
insureds, or to the named insured that purchased the policy in its own right and as fiduciary
for other insureds, subject to the requirements of any applicable mortgage clause. A named
insured receiving insurance proceeds under the builder’s risk and other policies of insurance
required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and
distribute such proceeds in accordance with such agreement as the parties in interest may
reach, or as otherwise required under the dispute resolution provisions of this Contract or
applicable Laws and Regulations.
C. If no other special agreement is reached, Contractor shall repair or replace the damaged
Work, using allocated insurance proceeds.
ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES
7.01 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction.
B. If the Contract Documents note, or Contractor determines, that professional engineering or
other design services are needed to carry out Contractor’s responsibilities for construction
means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor
shall cause such services to be provided by a properly licensed design professional, at
Contractor’s expense. Such services are not Owner-delegated professional design services
under this Contract, and neither Owner nor Engineer has any responsibility with respect to
(1) Contractor’s determination of the need for such services, (2) the qualifications or licensing
of the design professionals retained or employed by Contractor, (3) the performance of such
services, or (4) any errors, omissions, or defects in such services.
7.02 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform
the Work in accordance with the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who will not be replaced without written notice to Owner and Engineer
except under extraordinary circumstances.
7.03 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. Contractor shall
maintain good discipline and order at the Site.
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B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of
Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any
other individuals or entities performing or furnishing any of the Work, just as Contractor is
responsible for Contractor’s own acts and omissions.
C. Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all
Work at the Site will be performed during regular working hours, Monday through Friday.
Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may
perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only
with Owner’s written consent, which will not be unreasonably withheld.
7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume
full responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, testing, start up, and completion of the Work, whether or not such items are
specifically called for in the Contract Documents.
B. All materials and equipment incorporated into the Work must be new and of good quality,
except as otherwise provided in the Contract Documents. All special warranties and
guarantees required by the Specifications will expressly run to the benefit of Owner. If
required by Engineer, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment must be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise may be provided in the Contract Documents.
7.05 “Or Equals”
A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is
specified or described in the Contract Documents by using the names of one or more
proprietary items or specific Suppliers, the Contract Price has been based upon Contractor
furnishing such item as specified. The specification or description of such an item is intended
to establish the type, function, appearance, and quality required. Unless the specification or
description contains or is followed by words reading that no like, equivalent, or “or equal”
item is permitted, Contractor may request that Engineer authorize the use of other items of
equipment or material, or items from other proposed Suppliers, under the circumstances
described below.
1. If Engineer in its sole discretion determines that an item of equipment or material
proposed by Contractor is functionally equal to that named and sufficiently similar so that
no change in related Work will be required, Engineer will deem it an “or equal” item. For
the purposes of this paragraph, a proposed item of equipment or material will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that the proposed item:
1) is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole;
3) has a proven record of performance and availability of responsive service; and
4) is not objectionable to Owner.
b. Contractor certifies that, if the proposed item is approved and incorporated into the
Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) the item will conform substantially to the detailed requirements of the item
named in the Contract Documents.
B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal”
item at Contractor’s expense.
C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data
about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-
equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete
and Engineer determines that the proposed item is an “or-equal,” which will be evidenced by
an approved Shop Drawing or other written communication. Engineer will advise Contractor
in writing of any negative determination.
D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request will
result in any change in Contract Price. The Engineer’s denial of an “or-equal” request will be
final and binding, and may not be reversed through an appeal under any provision of the
Contract.
E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or
material proposed by Contractor does not qualify as an “or-equal” item, Contractor may
request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06.
7.06 Substitutes
A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of
equipment or material required to be furnished under the Contract Documents contains or is
followed by words reading that no substitution is permitted, Contractor may request that
Engineer authorize the use of other items of equipment or material under the circumstances
described below. To the extent possible such requests must be made before commencement
of related construction at the Site.
1. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is functionally equivalent to that
named and an acceptable substitute therefor. Engineer will not accept requests for
review of proposed substitute items of equipment or material from anyone other than
Contractor.
2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as
supplemented by the Specifications, and as Engineer may decide is appropriate under the
circumstances.
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3. Contractor shall make written application to Engineer for review of a proposed substitute
item of equipment or material that Contractor seeks to furnish or use. The application:
a. will certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the
general design;
2) be similar in substance to the item specified; and
3) be suited to the same use as the item specified.
b. will state:
1) the extent, if any, to which the use of the proposed substitute item will
necessitate a change in Contract Times;
2) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item; and
3) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty.
c. will identify:
1) all variations of the proposed substitute item from the item specified; and
2) available engineering, sales, maintenance, repair, and replacement services.
d. will contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and claims of other contractors
affected by any resulting change.
B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each substitute request, and to obtain comments and direction from Owner.
Engineer may require Contractor to furnish additional data about the proposed substitute
item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished,
installed, or utilized until Engineer’s review is complete and Engineer determines that the
proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a
Field Order or a proposed Change Order accounting for the substitution itself and all related
impacts, including changes in Contract Price or Contract Times. Engineer will advise
Contractor in writing of any negative determination.
C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special
performance guarantee or other surety with respect to any substitute.
D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a
substitute proposed or submitted by Contractor. Whether or not Engineer approves a
substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the
reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall
also reimburse Owner for the reasonable charges of Engineer for making changes in the
Contract Documents (or in the provisions of any other direct contract with Owner) resulting
from the acceptance of each proposed substitute.
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E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute
at Contractor’s expense.
F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor
shall execute the proposed Change Order and proceed with the substitution. The Engineer’s
denial of a substitution request will be final and binding, and may not be reversed through an
appeal under any provision of the Contract. Contractor may challenge the scope of
reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change
Proposal.
7.07 Concerning Subcontractors and Suppliers
A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work.
Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor’s retention
of a Subcontractor or Supplier for the performance of parts of the Work will not relieve
Contractor’s obligation to Owner to perform and complete the Work in accordance with the
Contract Documents.
B. Contractor shall retain specific Subcontractors and Suppliers for the performance of
designated parts of the Work if required by the Contract to do so.
C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the
Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish
or perform any of the Work against which Contractor has reasonable objection.
D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to
Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already
deemed such proposed Subcontractor or Supplier acceptable during the bidding process or
otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner
unless Owner raises a substantive, reasonable objection within 5 days.
E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may
require Contractor to retain specific replacements; provided, however, that Owner may not
require a replacement to which Contractor has a reasonable objection. If Contractor has
submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and
Owner has accepted it (either in writing or by failing to make written objection thereto), then
Owner may subsequently revoke the acceptance of any such Subcontractor or Supplier so
identified solely on the basis of substantive, reasonable objection after due investigation.
Contractor shall submit an acceptable replacement for the rejected Subcontractor or
Supplier.
F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor
to perform any part of the Work, then Contractor shall be entitled to an adjustment in
Contract Price or Contract Times, with respect to the replacement; and Contractor shall
initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of
replacement.
G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a
replacement, will constitute a waiver of the right of Owner to the completion of the Work in
accordance with the Contract Documents.
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H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors
and Suppliers having a direct contract with Contractor, and of all other Subcontractors and
Suppliers known to Contractor at the time of submittal.
I. Contractor shall be solely responsible for scheduling and coordinating the work of
Subcontractors and Suppliers.
J. The divisions and sections of the Specifications and the identifications of any Drawings do not
control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating
the Work to be performed by any specific trade.
K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract for the benefit of Owner and Engineer.
L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information
about amounts paid to Contractor for Work performed for Contractor by the Subcontractor
or Supplier.
M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer
or Owner, except through Contractor or in case of an emergency, or as otherwise expressly
allowed in this Contract.
7.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device which is the subject of patent rights or copyrights held by others.
If an invention, design, process, product, or device is specified in the Contract Documents for
use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its
use is subject to patent rights or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights will be disclosed in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors, from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) arising out of or
relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device specified in the Contract Documents, but not identified as
being subject to payment of any license fee or royalty to others required by patent rights or
copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them, from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any infringement of patent rights or copyrights
incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product, or device not specified in the Contract
Documents.
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7.09 Permits
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all
construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor,
when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work which are applicable
at the time of the submission of Contractor’s Bid (or when Contractor became bound under a
negotiated contract). Owner shall pay all charges of utility owners for connections for
providing permanent service to the Work.
7.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
7.11 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible
for monitoring Contractor’s compliance with any Laws or Regulations.
B. If Contractor performs any Work or takes any other action knowing or having reason to know
that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses,
and shall indemnify and hold harmless Owner and Engineer, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, from and against all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such Work or other
action. It is not Contractor’s responsibility to make certain that the Work described in the
Contract Documents is in accordance with Laws and Regulations, but this does not relieve
Contractor of its obligations under Paragraph 3.03.
C. Owner or Contractor may give written notice to the other party of any changes after the
submission of Contractor’s Bid (or after the date when Contractor became bound under a
negotiated contract) in Laws or Regulations having an effect on the cost or time of
performance of the Work, including but not limited to changes in Laws or Regulations having
an effect on procuring permits and on sales, use, value-added, consumption, and other similar
taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or Contract Times resulting from such
changes, then within 30 days of such written notice Contractor may submit a Change
Proposal, or Owner may initiate a Claim.
7.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written
interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such
record documents in good order and annotate them to show changes made during
construction. These record documents, together with all approved Samples, will be available
to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record
documents to Engineer.
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7.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance
of their work, nor for compliance with applicable safety Laws and Regulations.
B. Contractor shall designate a qualified and experienced safety representative whose duties
and responsibilities are the prevention of Work-related accidents and the maintenance and
supervision of safety precautions and programs.
C. Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage
on or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, other work in progress, utilities, and Underground
Facilities not designated for removal, relocation, or replacement in the course of
construction.
D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier,
or any other individual or entity directly or indirectly employed by any of them to perform
any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by
Contractor at its expense (except damage or loss attributable to the fault of Drawings or
Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any
of them, or anyone for whose acts any of them may be liable, and not attributable, directly or
indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor,
Supplier, or other individual or entity directly or indirectly employed by any of them).
E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss;
and shall erect and maintain all necessary safeguards for such safety and protection.
F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground
Facilities and other utilities (if the identity of such owners is known to Contractor); and other
contractors and utility owners performing work at or adjacent to the Site, in writing, when
Contractor knows that prosecution of the Work may affect them, and shall cooperate with
them in the protection, removal, relocation, and replacement of their property or work in
progress.
G. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any.
Any Owner’s safety programs that are applicable to the Work are identified or included in the
Supplementary Conditions or Specifications.
H. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s
safety program with which Owner’s and Engineer’s employees and representatives must
comply while at the Site.
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I. Contractor’s duties and responsibilities for safety and protection will continue until all the
Work is completed, Engineer has issued a written notice to Owner and Contractor in
accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the
Site (except as otherwise expressly provided in connection with Substantial Completion).
J. Contractor’s duties and responsibilities for safety and protection will resume whenever
Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction
obligations, or to conduct other tasks arising from the Contract Documents.
7.14 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly
known as material safety data sheets) or other hazard communication information required
to be made available to or exchanged between or among employers at the Site in accordance
with Laws or Regulations.
7.15 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the
Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused by an
emergency, or are required as a result of Contractor’s response to an emergency. If Engineer
determines that a change in the Contract Documents is required because of an emergency or
Contractor’s response, a Work Change Directive or Change Order will be issued.
7.16 Submittals
A. Shop Drawing and Sample Requirements
1. Before submitting a Shop Drawing or Sample, Contractor shall:
a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determine and verify:
1) all field measurements, quantities, dimensions, specified performance and design
criteria, installation requirements, materials, catalog numbers, and similar
information with respect to the Submittal;
2) the suitability of all materials and equipment offered with respect to the indicated
application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
3) all information relative to Contractor’s responsibilities for means, methods,
techniques, sequences, and procedures of construction, and safety precautions
and programs incident thereto;
c. confirm that the Submittal is complete with respect to all related data included in the
Submittal.
2. Each Shop Drawing or Sample must bear a stamp or specific written certification that
Contractor has satisfied Contractor’s obligations under the Contract Documents with
respect to Contractor’s review of that Submittal, and that Contractor approves the
Submittal.
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3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice
of any variations that the Submittal may have from the requirements of the Contract
Documents. This notice must be set forth in a written communication separate from the
Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on
the Shop Drawing itself.
B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop
Drawings and Samples to Engineer for review and approval in accordance with the accepted
Schedule of Submittals.
1. Shop Drawings
a. Contractor shall submit the number of copies required in the Specifications.
b. Data shown on the Shop Drawings must be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to
show Engineer the services, materials, and equipment Contractor proposes to
provide, and to enable Engineer to review the information for the limited purposes
required by Paragraph 7.16.C.
2. Samples
a. Contractor shall submit the number of Samples required in the Specifications.
b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data
such as catalog numbers, the use for which intended and other data as Engineer may
require to enable Engineer to review the Submittal for the limited purposes required
by Paragraph 7.16.C.
3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule
of Submittals, any related Work performed prior to Engineer’s review and approval of the
pertinent submittal will be at the sole expense and responsibility of Contractor.
C. Engineer’s Review of Shop Drawings and Samples
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
accepted Schedule of Submittals. Engineer’s review and approval will be only to
determine if the items covered by the Submittals will, after installation or incorporation
in the Work, comply with the requirements of the Contract Documents, and be
compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
2. Engineer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction, or to safety precautions or programs incident
thereto.
3. Engineer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
4. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor
from responsibility for any variation from the requirements of the Contract Documents
unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and
Engineer has given written approval of each such variation by specific written notation
thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will
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document any such approved variation from the requirements of the Contract
Documents in a Field Order or other appropriate Contract modification.
5. Engineer’s review and approval of a Shop Drawing or Sample will not relieve Contractor
from responsibility for complying with the requirements of Paragraphs 7.16.A and B.
6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the
requirements of the Contract Documents, will not, under any circumstances, change the
Contract Times or Contract Price, unless such changes are included in a Change Order.
7. Neither Engineer’s receipt, review, acceptance, or approval of a Shop Drawing or Sample
will result in such item becoming a Contract Document.
8. Contractor shall perform the Work in compliance with the requirements and
commitments set forth in approved Shop Drawings and Samples, subject to the provisions
of Paragraph 7.16.C.4.
D. Resubmittal Procedures for Shop Drawings and Samples
1. Contractor shall make corrections required by Engineer and shall return the required
number of corrected copies of Shop Drawings and submit, as required, new Samples for
review and approval. Contractor shall direct specific attention in writing to revisions other
than the corrections called for by Engineer on previous Submittals.
2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient
information and accuracy to obtain required approval of an item with no more than two
resubmittals. Engineer will record Engineer’s time for reviewing a third or subsequent
resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for
Engineer’s charges to Owner for such time. Owner may impose a set-off against payments
due Contractor to secure reimbursement for such charges.
3. If Contractor requests a change of a previously approved Shop Drawing or Sample,
Contractor shall be responsible for Engineer’s charges to Owner for its review time, and
Owner may impose a set-off against payments due Contractor to secure reimbursement
for such charges, unless the need for such change is beyond the control of Contractor.
E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs
1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and
Owner-delegated designs:
a. Contractor shall submit all such Submittals to the Engineer in accordance with the
Schedule of Submittals and pursuant to the applicable terms of the Contract
Documents.
b. Engineer will provide timely review of all such Submittals in accordance with the
Schedule of Submittals and return such Submittals with a notation of either Accepted
or Not Accepted. Any such Submittal that is not returned within the time established
in the Schedule of Submittals will be deemed accepted.
c. Engineer’s review will be only to determine if the Submittal is acceptable under the
requirements of the Contract Documents as to general form and content of the
Submittal.
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d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding
the reason for the non-acceptance, and resubmit an acceptable document.
2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of
Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05.
F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by
the provisions of Paragraph 7.19.
7.17 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s
warranty and guarantee.
B. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by,
Owner’s rights under the correction period provisions of Paragraph 15.08. The time in which
Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited
only by applicable Laws and Regulations restricting actions to enforce such rights; provided,
however, that after the end of the correction period under Paragraph 15.08:
1. Owner shall give Contractor written notice of any defective Work within 60 days of the
discovery that such Work is defective; and
2. Such notice will be deemed the start of an event giving rise to a Claim under
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the
notice.
C. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, or improper modification, maintenance, or operation, by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or
2. normal wear and tear under normal usage.
D. Contractor’s obligation to perform and complete the Work in accordance with the Contract
Documents is absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents, a release of Contractor’s obligation to
perform the Work in accordance with the Contract Documents, or a release of Owner’s
warranty and guarantee rights under this Paragraph 7.17:
1. Observations by Engineer;
2. Recommendation by Engineer or payment by Owner of any progress or final payment;
3. The issuance of a certificate of Substantial Completion by Engineer or any payment
related thereto by Owner;
4. Use or occupancy of the Work or any part thereof by Owner;
5. Any review and approval of a Shop Drawing or Sample submittal;
6. The issuance of a notice of acceptability by Engineer;
7. The end of the correction period established in Paragraph 15.08;
8. Any inspection, test, or approval by others; or
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9. Any correction of defective Work by Owner.
E. If the Contract requires the Contractor to accept the assignment of a contract entered into by
Owner, then the specific warranties, guarantees, and correction obligations contained in the
assigned contract will govern with respect to Contractor’s performance obligations to Owner
for the Work described in the assigned contract.
7.18 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other
obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them, from losses,
damages, costs, and judgments (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court or arbitration or other dispute
resolution costs) arising from third-party claims or actions relating to or resulting from the
performance or furnishing of the Work, provided that any such claim, action, loss, cost,
judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage
to or destruction of tangible property (other than the Work itself), including the loss of use
resulting therefrom, but only to the extent caused by any negligent act or omission of
Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or anyone for whose acts any of them
may be liable.
B. In any and all claims against Owner or Engineer, or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor
or personal representative of such employee) of Contractor, any Subcontractor, any Supplier,
or any individual or entity directly or indirectly employed by any of them to perform any of
the Work, or anyone for whose acts any of them may be liable, the indemnification obligation
under Paragraph 7.18.A will not be limited in any way by any limitation on the amount or type
of damages, compensation, or benefits payable by or for Contractor or any such
Subcontractor, Supplier, or other individual or entity under workers’ compensation acts,
disability benefit acts, or other employee benefit acts.
7.19 Delegation of Professional Design Services
A. Owner may require Contractor to provide professional design services for a portion of the
Work by express delegation in the Contract Documents. Such delegation will specify the
performance and design criteria that such services must satisfy, and the Submittals that
Contractor must furnish to Engineer with respect to the Owner-delegated design.
B. Contractor shall cause such Owner-delegated professional design services to be provided
pursuant to the professional standard of care by a properly licensed design professional,
whose signature and seal must appear on all drawings, calculations, specifications,
certifications, and Submittals prepared by such design professional. Such design professional
must issue all certifications of design required by Laws and Regulations.
C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by
Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or
other Submittal must bear the written approval of Contractor’s design professional when
submitted by Contractor to Engineer.
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D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness
of the services, certifications, and approvals performed or provided by the design
professionals retained or employed by Contractor under an Owner-delegated design, subject
to the professional standard of care and the performance and design criteria stated in the
Contract Documents.
E. Pursuant to this Paragraph 7.19, Engineer’s review, approval, and other determinations
regarding design drawings, calculations, specifications, certifications, and other Submittals
furnished by Contractor pursuant to an Owner-delegated design will be only for the following
limited purposes:
1. Checking for conformance with the requirements of this Paragraph 7.19;
2. Confirming that Contractor (through its design professionals) has used the performance
and design criteria specified in the Contract Documents; and
3. Establishing that the design furnished by Contractor is consistent with the design concept
expressed in the Contract Documents.
F. Contractor shall not be responsible for the adequacy of performance or design criteria
specified by Owner or Engineer.
G. Contractor is not required to provide professional services in violation of applicable Laws and
Regulations.
ARTICLE 8—OTHER WORK AT THE SITE
8.01 Other Work
A. In addition to and apart from the Work under the Contract Documents, the Owner may
perform other work at or adjacent to the Site. Such other work may be performed by Owner’s
employees, or through contracts between the Owner and third parties. Owner may also
arrange to have third-party utility owners perform work on their utilities and facilities at or
adjacent to the Site.
B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through
contracts for such other work, then Owner shall give Contractor written notice thereof prior
to starting any such other work. If Owner has advance information regarding the start of any
third-party utility work that Owner has arranged to take place at or adjacent to the Site,
Owner shall provide such information to Contractor.
C. Contractor shall afford proper and safe access to the Site to each contractor that performs
such other work, each utility owner performing other work, and Owner, if Owner is
performing other work with Owner’s employees, and provide a reasonable opportunity for
the introduction and storage of materials and equipment and the execution of such other
work.
D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate
with such other work. Contractor shall not endanger any work of others by cutting,
excavating, or otherwise altering such work; provided, however, that Contractor may cut or
alter others' work with the written consent of Engineer and the others whose work will be
affected.
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E. If the proper execution or results of any part of Contractor’s Work depends upon work
performed by others, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor’s Work.
Contractor’s failure to so report will constitute an acceptance of such other work as fit and
proper for integration with Contractor’s Work except for latent defects and deficiencies in
such other work.
F. The provisions of this article are not applicable to work that is performed by third-party
utilities or other third-party entities without a contract with Owner, or that is performed
without having been arranged by Owner. If such work occurs, then any related delay,
disruption, or interference incurred by Contractor is governed by the provisions of
Paragraph 4.05.C.3.
8.02 Coordination
A. If Owner intends to contract with others for the performance of other work at or adjacent to
the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to
arrange to have utility owners perform work at or adjacent to the Site, the following will be
set forth in the Supplementary Conditions or provided to Contractor prior to the start of any
such other work:
1. The identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;
2. An itemization of the specific matters to be covered by such authority and responsibility;
and
3. The extent of such authority and responsibilities.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority
and responsibility for such coordination.
8.03 Legal Relationships
A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s
employees, any other contractor working for Owner, or any utility owner that Owner has
arranged to perform work, causes damage to the Work or to the property of Contractor or its
Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the
performance of the Work, through actions or inaction, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times. Contractor must submit any
Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times
under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering
event. The entitlement to, and extent of, any such equitable adjustment will take into account
information (if any) regarding such other work that was provided to Contractor in the Contract
Documents prior to the submittal of the Bid or the final negotiation of the terms of the
Contract, and any remedies available to Contractor under Laws or Regulations concerning
utility action or inaction. When applicable, any such equitable adjustment in Contract Price
will be conditioned on Contractor assigning to Owner all Contractor’s rights against such other
contractor or utility owner with respect to the damage, delay, disruption, or interference that
is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract
Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E.
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B. Contractor shall take reasonable and customary measures to avoid damaging, delaying,
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner
performing other work at or adjacent to the Site.
1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or
interferes with the work of any such other contractor or utility owner, then Owner may
impose a set-off against payments due Contractor, and assign to such other contractor or
utility owner the Owner’s contractual rights against Contractor with respect to the breach
of the obligations set forth in this Paragraph 8.03.B.
2. When Owner is performing other work at or adjacent to the Site with Owner’s employees,
Contractor shall be liable to Owner for damage to such other work, and for the reasonable
direct delay, disruption, and interference costs incurred by Owner as a result of
Contractor’s failure to take reasonable and customary measures with respect to Owner’s
other work. In response to such damage, delay, disruption, or interference, Owner may
impose a set-off against payments due Contractor.
C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor,
or any utility owner performing other work at or adjacent to the Site, through Contractor’s
failure to take reasonable and customary measures to avoid such impacts, or if any claim
arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or
adjacent to the Site is made by any such other contractor or utility owner against Contractor,
Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all
parties through negotiations with such other contractor or utility owner, or otherwise resolve
the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify
and hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and against
any such claims, and against all costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such damage, delay,
disruption, or interference.
ARTICLE 9—OWNER’S RESPONSIBILITIES
9.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through Engineer.
9.02 Replacement of Engineer
A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor
makes no reasonable objection to the replacement engineer. The replacement engineer’s
status under the Contract Documents will be that of the former Engineer.
9.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
9.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in the Agreement.
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9.05 Lands and Easements; Reports, Tests, and Drawings
A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.
B. Owner’s duties with respect to providing engineering surveys to establish reference points
are set forth in Paragraph 4.03.
C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of
explorations and tests of conditions at the Site, and drawings of physical conditions relating
to existing surface or subsurface structures at the Site.
9.06 Insurance
A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and
property insurance are set forth in Article 6.
9.07 Change Orders
A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11.
9.08 Inspections, Tests, and Approvals
A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 14.02.B.
9.09 Limitations on Owner’s Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the performance of the Work. Owner will not
be responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 5.06.
9.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that
financial arrangements have been made to satisfy Owner’s obligations under the Contract
(including obligations under proposed changes in the Work).
9.12 Safety Programs
A. While at the Site, Owner’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which Owner has been informed.
B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.
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ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION
10.01 Owner’s Representative
A. Engineer will be Owner’s representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner’s representative during
construction are set forth in the Contract.
10.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of
construction as Engineer deems necessary in order to observe, as an experienced and
qualified design professional, the progress that has been made and the quality of the various
aspects of Contractor’s executed Work. Based on information obtained during such visits and
observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is
proceeding in accordance with the Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of
confidence that the completed Work will conform generally to the Contract Documents. On
the basis of such visits and observations, Engineer will keep Owner informed of the progress
of the Work and will endeavor to guard Owner against defective Work.
B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and
responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a
result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise,
direct, control, or have authority over or be responsible for Contractor’s means, methods,
techniques, sequences, or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
10.03 Resident Project Representative
A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project
Representative to represent Engineer at the Site and assist Engineer in observing the progress
and quality of the Work, then the authority and responsibilities of any such Resident Project
Representative will be as provided in the Supplementary Conditions, and limitations on the
responsibilities thereof will be as provided in the Supplementary Conditions and in
Paragraph 10.07.
B. If Owner designates an individual or entity who is not Engineer’s consultant, agent, or
employee to represent Owner at the Site, then the responsibilities and authority of such
individual or entity will be as provided in the Supplementary Conditions.
10.04 Engineer’s Authority
A. Engineer has the authority to reject Work in accordance with Article 14.
B. Engineer’s authority as to Submittals is set forth in Paragraph 7.16.
C. Engineer’s authority as to design drawings, calculations, specifications, certifications and
other Submittals from Contractor in response to Owner’s delegation (if any) to Contractor of
professional design services, is set forth in Paragraph 7.19.
D. Engineer’s authority as to changes in the Work is set forth in Article 11.
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E. Engineer’s authority as to Applications for Payment is set forth in Article 15.
10.05 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor as set forth in Paragraph 13.03.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will render decisions regarding the requirements of the Contract Documents, and
judge the acceptability of the Work, pursuant to the specific procedures set forth herein for
initial interpretations, Change Proposals, and acceptance of the Work. In rendering such
decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will
not be liable to Owner, Contractor, or others in connection with any proceedings,
interpretations, decisions, or judgments conducted or rendered in good faith.
10.07 Limitations on Engineer’s Authority and Responsibilities
A. Neither Engineer’s authority or responsibility under this Article 10 or under any other
provision of the Contract, nor any decision made by Engineer in good faith either to exercise
or not exercise such authority or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier,
any other individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor’s means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the performance of the Work. Engineer will not be
responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer’s review of the final Application for Payment and accompanying documentation, and
all maintenance and operating instructions, schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documentation required to be delivered by
Contractor under Paragraph 15.06.A, will only be to determine generally that their content
complies with the requirements of, and in the case of certificates of inspections, tests, and
approvals, that the results certified indicate compliance with the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply
to the Resident Project Representative, if any.
10.08 Compliance with Safety Program
A. While at the Site, Engineer’s employees and representatives will comply with the specific
applicable requirements of Owner’s and Contractor’s safety programs of which Engineer has
been informed.
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ARTICLE 11—CHANGES TO THE CONTRACT
11.01 Amending and Supplementing the Contract
A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive,
or a Field Order.
B. If an amendment or supplement to the Contract includes a change in the Contract Price or
the Contract Times, such amendment or supplement must be set forth in a Change Order.
C. All changes to the Contract that involve (1) the performance or acceptability of the Work,
(2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other
engineering or technical matters, must be supported by Engineer’s recommendation. Owner
and Contractor may amend other terms and conditions of the Contract without the
recommendation of the Engineer.
11.02 Change Orders
A. Owner and Contractor shall execute appropriate Change Orders covering:
1. Changes in Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with
a Work Change Directive;
2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly
contested such set-off;
3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05,
(b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or
Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the
parties, subject to the need for Engineer’s recommendation if the change in the Work
involves the design (as set forth in the Drawings, Specifications, or otherwise) or other
engineering or technical matters; and
4. Changes that embody the substance of any final and binding results under:
Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09,
concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments
resulting from allowances; Paragraph 13.03.D, final adjustments relating to
determination of quantities for Unit Price Work; and similar provisions.
B. If Owner or Contractor refuses to execute a Change Order that is required to be executed
under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if
fully executed.
11.03 Work Change Directives
A. A Work Change Directive will not change the Contract Price or the Contract Times but is
evidence that the parties expect that the modification ordered or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order, following
negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract
Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the
terms of the Contract Documents governing adjustments, expressly including
Paragraph 11.07 regarding change of Contract Price.
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B. If Owner has issued a Work Change Directive and:
1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary,
then Contractor shall submit any Change Proposal seeking such an adjustment no later
than 30 days after the completion of the Work set out in the Work Change Directive.
2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then
Owner shall submit any Claim seeking such an adjustment no later than 60 days after
issuance of the Work Change Directive.
11.04 Field Orders
A. Engineer may authorize minor changes in the Work if the changes do not involve an
adjustment in the Contract Price or the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents. Such changes will be accomplished by a Field Order and will be binding on Owner
and also on Contractor, which shall perform the Work involved promptly.
B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, then before proceeding with the Work at issue, Contractor shall submit a
Change Proposal as provided herein.
11.05 Owner-Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or revisions in the Work. Changes involving
the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or
technical matters will be supported by Engineer’s recommendation.
B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor
have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by
a Work Change Directive. Upon receipt of any such document, Contractor shall promptly
proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease
construction activities with respect to such deleted Work. Added or revised Work must be
performed under the applicable conditions of the Contract Documents.
C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor
reasonably concludes cannot be performed in a manner consistent with Contractor’s safety
obligations under the Contract Documents or Laws and Regulations.
11.06 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents, as amended, modified, or supplemented, except in the case of an emergency as
provided in Paragraph 7.15 or in the case of uncovering Work as provided in
Paragraph 14.05.C.2.
11.07 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment of Contract Price must comply with the provisions of Article 12.
B. An adjustment in the Contract Price will be determined as follows:
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1. Where the Work involved is covered by unit prices contained in the Contract Documents,
then by application of such unit prices to the quantities of the items involved (subject to
the provisions of Paragraph 13.03);
2. Where the Work involved is not covered by unit prices contained in the Contract
Documents, then by a mutually agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or
3. Where the Work involved is not covered by unit prices contained in the Contract
Documents and the parties do not reach mutual agreement to a lump sum, then on the
basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a
Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.07.C).
C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit will be
determined as follows:
1. A mutually acceptable fixed fee; or
2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the
various portions of the Cost of the Work:
a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will
be 15 percent;
b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent;
c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and
11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the
costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that
actually performs the Work, at whatever tier, and (2) with respect to Contractor itself
and to any Subcontractors of a tier higher than that of the Subcontractor that actually
performs the Work, a fee of 5 percent of the amount (fee plus underlying costs
incurred) attributable to the next lower tier Subcontractor; provided, however, that
for any such subcontracted Work the maximum total fee to be paid by Owner will be
no greater than 27 percent of the costs incurred by the Subcontractor that actually
performs the Work;
d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4,
13.01.B.5, and 13.01.C;
e. The amount of credit to be allowed by Contractor to Owner for any change which
results in a net decrease in Cost of the Work will be the amount of the actual net
decrease in Cost of the Work and a deduction of an additional amount equal to
5 percent of such actual net decrease in Cost of the Work; and
f. When both additions and credits are involved in any one change or Change Proposal,
the adjustment in Contractor’s fee will be computed by determining the sum of the
costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs,
Paragraph 13.01.B.1; incorporated materials and equipment costs,
Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants
costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to
each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a
through 11.07.C.2.e, inclusive.
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11.08 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any
Claim for an adjustment in the Contract Times must comply with the provisions of Article 12.
B. Delay, disruption, and interference in the Work, and any related changes in Contract Times,
are addressed in and governed by Paragraph 4.05.
11.09 Change Proposals
A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an
adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer
concerning the requirements of the Contract Documents or relating to the acceptability of
the Work under the Contract Documents; challenge a set-off against payment due; or seek
other relief under the Contract. The Change Proposal will specify any proposed change in
Contract Times or Contract Price, or other proposed relief, and explain the reason for the
proposed change, with citations to any governing or applicable provisions of the Contract
Documents. Each Change Proposal will address only one issue, or a set of closely related
issues.
B. Change Proposal Procedures
1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after
the start of the event giving rise thereto, or after such initial decision.
2. Supporting Data: The Contractor shall submit supporting data, including the proposed
change in Contract Price or Contract Time (if any), to the Engineer and Owner within
15 days after the submittal of the Change Proposal.
a. Change Proposals based on or related to delay, interruption, or interference must
comply with the provisions of Paragraphs 4.05.D and 4.05.E.
b. Change proposals related to a change of Contract Price must include full and detailed
accounts of materials incorporated into the Work and labor and equipment used for
the subject Work.
The supporting data must be accompanied by a written statement that the supporting
data are accurate and complete, and that any requested time or price adjustment is the
entire adjustment to which Contractor believes it is entitled as a result of said event.
3. Engineer’s Initial Review: Engineer will advise Owner regarding the Change Proposal, and
consider any comments or response from Owner regarding the Change Proposal. If in its
discretion Engineer concludes that additional supporting data is needed before
conducting a full review and making a decision regarding the Change Proposal, then
Engineer may request that Contractor submit such additional supporting data by a date
specified by Engineer, prior to Engineer beginning its full review of the Change Proposal.
4. Engineer’s Full Review and Action on the Change Proposal: Upon receipt of Contractor’s
supporting data (including any additional data requested by Engineer), Engineer will
conduct a full review of each Change Proposal and, within 30 days after such receipt of
the Contractor’s supporting data, either approve the Change Proposal in whole, deny it in
whole, or approve it in part and deny it in part. Such actions must be in writing, with a
copy provided to Owner and Contractor. If Engineer does not take action on the Change
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Proposal within 30 days, then either Owner or Contractor may at any time thereafter
submit a letter to the other party indicating that as a result of Engineer’s inaction the
Change Proposal is deemed denied, thereby commencing the time for appeal of the
denial under Article 12.
5. Binding Decision: Engineer’s decision is final and binding upon Owner and Contractor,
unless Owner or Contractor appeals the decision by filing a Claim under Article 12.
C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or
other engineering or technical matters, then Engineer will notify the parties in writing that
the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of
such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to
seek resolution under the terms of Article 12.
D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a
written recommendation of final payment pursuant to Paragraph 15.06.B.
11.10 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of
any such change.
ARTICLE 12—CLAIMS
12.01 Claims
A. Claims Process: The following disputes between Owner and Contractor are subject to the
Claims process set forth in this article:
1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals;
2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief
under the Contract Documents;
3. Disputes that Engineer has been unable to address because they do not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work,
or other engineering or technical matters; and
4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer
has issued a written recommendation of final payment pursuant to Paragraph 15.06.B.
B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to
the Contract promptly (but in no event later than 30 days) after the start of the event giving
rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision
under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its
information only. The responsibility to substantiate a Claim rests with the party making the
Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or
Contract Price, Contractor shall certify that the Claim is made in good faith, that the
supporting data are accurate and complete, and that to the best of Contractor’s knowledge
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and belief the amount of time or money requested accurately reflects the full amount to
which Contractor is entitled.
C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full
consideration to its merits. The two parties shall seek to resolve the Claim through the
exchange of information and direct negotiations. The parties may extend the time for
resolving the Claim by mutual agreement. All actions taken on a Claim will be stated in writing
and submitted to the other party, with a copy to Engineer.
D. Mediation
1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to
mediation of the underlying dispute. The agreement to mediate will stay the Claim
submittal and response process.
2. If Owner and Contractor agree to mediation, then after 60 days from such agreement,
either Owner or Contractor may unilaterally terminate the mediation process, and the
Claim submittal and decision process will resume as of the date of the termination. If the
mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and
decision process will resume as of the date of the conclusion of the mediation, as
determined by the mediator.
3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs.
E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part,
such action will be final and binding unless within 30 days of such action the other party
invokes the procedure set forth in Article 17 for final resolution of disputes.
F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim
may deny it by giving written notice of denial to the other party. If the receiving party does
not take action on the Claim within 90 days, then either Owner or Contractor may at any time
thereafter submit a letter to the other party indicating that as a result of the inaction, the
Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of
the Claim will be final and binding unless within 30 days of the denial the other party invokes
the procedure set forth in Article 17 for the final resolution of disputes.
G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether
through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is
approved in part and denied in part, or denied in full, and such actions become final and
binding; then the results of the agreement or action on the Claim will be incorporated in a
Change Order or other written document to the extent they affect the Contract, including the
Work, the Contract Times, or the Contract Price.
ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
13.01 Cost of the Work
A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum
of all costs necessary for the proper performance of the Work at issue, as further defined
below. The provisions of this Paragraph 13.01 are used for two distinct purposes:
1. To determine Cost of the Work when Cost of the Work is a component of the Contract
Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or
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2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off,
or other adjustment in Contract Price. When the value of any such adjustment is
determined on the basis of Cost of the Work, Contractor is entitled only to those
additional or incremental costs required because of the change in the Work or because
of the event giving rise to the adjustment.
B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in
the Cost of the Work will be in amounts no higher than those commonly incurred in the
locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will
include only the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor in
advance of the subject Work. Such employees include, without limitation,
superintendents, foremen, safety managers, safety representatives, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on
the Work will be apportioned on the basis of their time spent on the Work. Payroll costs
include, but are not limited to, salaries and wages plus the cost of fringe benefits, which
include social security contributions, unemployment, excise, and payroll taxes, workers’
compensation, health and retirement benefits, sick leave, and vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours,
on Saturday, Sunday, or legal holidays, will be included in the above to the extent
authorized by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and Suppliers’ field services required in
connection therewith. All cash discounts accrue to Contractor unless Owner deposits
funds with Contractor with which to make payments, in which case the cash discounts
will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of
surplus materials and equipment will accrue to Owner, and Contractor shall make
provisions so that they may be obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors.
If required by Owner, Contractor shall obtain competitive bids from subcontractors
acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then
determine, with the advice of Engineer, which bids, if any, will be acceptable. If any
subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work
plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same
manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed or retained for services
specifically related to the Work.
5. Other costs consisting of the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, which are
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consumed in the performance of the Work, and cost, less market value, of such items
used but not consumed which remain the property of Contractor.
1) In establishing included costs for materials such as scaffolding, plating, or
sheeting, consideration will be given to the actual or the estimated life of the
material for use on other projects; or rental rates may be established on the basis
of purchase or salvage value of such items, whichever is less. Contractor will not
be eligible for compensation for such items in an amount that exceeds the
purchase cost of such item.
c. Construction Equipment Rental
1) Rentals of all construction equipment and machinery, and the parts thereof, in
accordance with rental agreements approved by Owner as to price (including any
surcharge or special rates applicable to overtime use of the construction
equipment or machinery), and the costs of transportation, loading, unloading,
assembly, dismantling, and removal thereof. All such costs will be in accordance
with the terms of said rental agreements. The rental of any such equipment,
machinery, or parts must cease when the use thereof is no longer necessary for
the Work.
2) Costs for equipment and machinery owned by Contractor or a Contractor-related
entity will be paid at a rate shown for such equipment in the equipment rental
rate book specified in the Supplementary Conditions. An hourly rate will be
computed by dividing the monthly rates by 176. These computed rates will
include all operating costs.
3) With respect to Work that is the result of a Change Order, Change Proposal,
Claim, set-off, or other adjustment in Contract Price (“changed Work”), included
costs will be based on the time the equipment or machinery is in use on the
changed Work and the costs of transportation, loading, unloading, assembly,
dismantling, and removal when directly attributable to the changed Work. The
cost of any such equipment or machinery, or parts thereof, must cease to accrue
when the use thereof is no longer necessary for the changed Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them
may be liable, and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with
the performance of the Work (except losses and damages within the deductible
amounts of builder’s risk or other property insurance established in accordance with
Paragraph 6.04), provided such losses and damages have resulted from causes other
than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable. Such losses
include settlements made with the written consent and approval of Owner. No such
losses, damages, and expenses will be included in the Cost of the Work for the
purpose of determining Contractor’s fee.
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g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.
i. The costs of premiums for all bonds and insurance that Contractor is required by the
Contract Documents to purchase and maintain.
C. Costs Excluded: The term Cost of the Work does not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals,
general managers, engineers, architects, estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel
employed by Contractor, whether at the Site or in Contractor’s principal or branch office
for general administration of the Work and not specifically included in the agreed upon
schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered
by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to
be considered administrative costs covered by the Contractor’s fee.
2. The cost of purchasing, renting, or furnishing small tools and hand tools.
3. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the
Site.
4. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Work and charges against Contractor for delinquent payments.
5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
6. Expenses incurred in preparing and advancing Claims.
7. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 13.01.B.
D. Contractor’s Fee
1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective
Date of the Contract will be determined as set forth in the Agreement.
b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other
adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be
determined as follows:
1) When the fee for the Work as a whole is a percentage of the Cost of the Work,
the fee will automatically adjust as the Cost of the Work changes.
2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or
deletions will be determined in accordance with Paragraph 11.07.C.2.
2. When the Work as a whole is performed on the basis of a stipulated sum, or any other
basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change
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Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis
of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2.
E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be
determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish
and maintain records of the costs in accordance with generally accepted accounting practices.
Subject to prior written notice, Owner will be afforded reasonable access, during normal
business hours, to all Contractor’s accounts, records, books, correspondence, instructions,
drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work
and Contractor’s fee. Contractor shall preserve all such documents for a period of three years
after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner,
and preserve such documents, to the same extent required of Contractor.
13.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in
the Contract Documents and shall cause the Work so covered to be performed for such sums
and by such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances: Contractor agrees that:
1. the cash allowances include the cost to Contractor (less any applicable trade discounts)
of materials and equipment required by the allowances to be delivered at the Site, and
all applicable taxes; and
2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in
the Contract Price and not in the allowances, and no demand for additional payment for
any of the foregoing will be valid.
C. Owner’s Contingency Allowance: Contractor agrees that an Owner’s contingency allowance,
if any, is for the sole use of Owner to cover unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the
Contract Price will be correspondingly adjusted.
13.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal
to the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial Contract Price. Payments to
Contractor for Unit Price Work will be based on actual quantities.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate
to cover Contractor’s overhead and profit for each separately identified item.
D. Engineer will determine the actual quantities and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor the Engineer’s preliminary
determinations on such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or otherwise). Engineer’s written decision
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thereon will be final and binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor, and the final adjustment of
Contract Price will be set forth in a Change Order, subject to the provisions of the following
paragraph.
E. Adjustments in Unit Price
1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to
an item of Unit Price Work if:
a. the quantity of the item of Unit Price Work performed by Contractor differs materially
and significantly from the estimated quantity of such item indicated in the
Agreement; and
b. Contractor’s unit costs to perform the item of Unit Price Work have changed
materially and significantly as a result of the quantity change.
2. The adjustment in unit price will account for and be coordinated with any related changes
in quantities of other items of Work, and in Contractor’s costs to perform such other
Work, such that the resulting overall change in Contract Price is equitable to Owner and
Contractor.
3. Adjusted unit prices will apply to all units of that item.
ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
14.01 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and authorities having jurisdiction have access to the Site
and the Work at reasonable times for their observation, inspection, and testing. Contractor
shall provide them proper and safe conditions for such access and advise them of Contractor’s
safety procedures and programs so that they may comply with such procedures and programs
as applicable.
14.02 Tests, Inspections, and Approvals
A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts
thereof) for all required inspections and tests, and shall cooperate with inspection and testing
personnel to facilitate required inspections and tests.
B. Owner shall retain and pay for the services of an independent inspector, testing laboratory,
or other qualified individual or entity to perform all inspections and tests expressly required
by the Contract Documents to be furnished and paid for by Owner, except that costs incurred
in connection with tests or inspections of covered Work will be governed by the provisions of
Paragraph 14.05.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an employee or other representative of
such public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer
the required certificates of inspection or approval.
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D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and
tests required:
1. by the Contract Documents, unless the Contract Documents expressly allocate
responsibility for a specific inspection or test to Owner;
2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be
incorporated in the Work;
3. by manufacturers of equipment furnished under the Contract Documents;
4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be
incorporated into the Work; and
5. for acceptance of materials, mix designs, or equipment submitted for approval prior to
Contractor’s purchase thereof for incorporation in the Work.
Such inspections and tests will be performed by independent inspectors, testing laboratories,
or other qualified individuals or entities acceptable to Owner and Engineer.
E. If the Contract Documents require the Work (or part thereof) to be approved by Owner,
Engineer, or another designated individual or entity, then Contractor shall assume full
responsibility for arranging and obtaining such approvals.
F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by
Engineer, uncover such Work for observation. Such uncovering will be at Contractor’s expense
unless Contractor had given Engineer timely notice of Contractor’s intention to cover the
same and Engineer had not acted with reasonable promptness in response to such notice.
14.03 Defective Work
A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.
B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and
to reject defective Work.
C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer
has actual knowledge will be given to Contractor.
D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective
Work, Contractor shall correct all such defective Work, whether or not fabricated, installed,
or completed, or, if Engineer has rejected the defective Work, remove it from the Project and
replace it with Work that is not defective.
E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action
that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said
Work.
F. Costs and Damages: In addition to its correction, removal, and replacement obligations with
respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising
out of or relating to defective Work, including but not limited to the cost of the inspection,
testing, correction, removal, replacement, or reconstruction of such defective Work, fines
levied against Owner by governmental authorities because the Work is defective, and the
costs of repair or replacement of work of others resulting from defective Work. Prior to final
payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs,
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losses, and damages resulting from defective Work, then Owner may impose a reasonable
set-off against payments due under Article 15.
14.04 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner
prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final
payment, to Engineer’s confirmation that such acceptance is in general accord with the design
intent and applicable engineering principles, and will not endanger public safety). Contractor
shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness), and for the diminished value of the Work to the extent not otherwise paid
by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions
in the Contract Documents with respect to the Work will be incorporated in a Change Order.
If the parties are unable to agree as to the decrease in the Contract Price, reflecting the
diminished value of Work so accepted, then Owner may impose a reasonable set-off against
payments due under Article 15. If the acceptance of defective Work occurs after final
payment, Contractor shall pay an appropriate amount to Owner.
14.05 Uncovering Work
A. Engineer has the authority to require additional inspection or testing of the Work, whether
or not the Work is fabricated, installed, or completed.
B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if
requested by Engineer, uncover such Work for Engineer’s observation, and then replace the
covering, all at Contractor’s expense.
C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose,
or otherwise make available for observation, inspection, or testing as Engineer may require,
that portion of the Work in question, and provide all necessary labor, material, and
equipment.
1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all
claims, costs, losses, and damages arising out of or relating to such uncovering, exposure,
observation, inspection, and testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or replacement of work of others); and
pending Contractor’s full discharge of this responsibility the Owner shall be entitled to
impose a reasonable set-off against payments due under Article 15.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Times, directly attributable
to such uncovering, exposure, observation, inspection, testing, replacement, and
reconstruction. If the parties are unable to agree as to the amount or extent thereof, then
Contractor may submit a Change Proposal within 30 days of the determination that the
Work is not defective.
14.06 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work
will conform to the Contract Documents, then Owner may order Contractor to stop the Work,
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or any portion thereof, until the cause for such order has been eliminated; however, this right
of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this
right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or
entity, or any surety for, or employee or agent of any of them.
14.07 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work, or to remove and replace defective Work as required by Engineer, then
Owner may, after 7 days’ written notice to Contractor, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor’s services related thereto, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees,
Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to
enable Owner to exercise the rights and remedies under this paragraph.
C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights
and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs
against payments due under Article 15. Such claims, costs, losses and damages will include
but not be limited to all costs of repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in
the performance of the Work attributable to the exercise by Owner of Owner’s rights and
remedies under this Paragraph 14.07.
ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
15.01 Progress Payments
A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will
serve as the basis for progress payments and will be incorporated into a form of Application
for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on
the number of units completed during the pay period, as determined under the provisions of
Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work
completed by Contractor during the pay period.
B. Applications for Payments
1. At least 20 days before the date established in the Agreement for each progress payment
(but not more often than once a month), Contractor shall submit to Engineer for review
an Application for Payment filled out and signed by Contractor covering the Work
completed as of the date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents.
2. If payment is requested on the basis of materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or at another location agreed to in
writing, the Application for Payment must also be accompanied by: (a) a bill of sale,
invoice, copies of subcontract or purchase order payments, or other documentation
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establishing full payment by Contractor for the materials and equipment; (b) at Owner’s
request, documentation warranting that Owner has received the materials and
equipment free and clear of all Liens; and (c) evidence that the materials and equipment
are covered by appropriate property insurance, a warehouse bond, or other
arrangements to protect Owner’s interest therein, all of which must be satisfactory to
Owner.
3. Beginning with the second Application for Payment, each Application must include an
affidavit of Contractor stating that all previous progress payments received by Contractor
have been applied to discharge Contractor’s legitimate obligations associated with prior
Applications for Payment.
4. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
C. Review of Applications
1. Engineer will, within 10 days after receipt of each Application for Payment, including each
resubmittal, either indicate in writing a recommendation of payment and present the
Application to Owner, or return the Application to Contractor indicating in writing
Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor
may make the necessary corrections and resubmit the Application.
2. Engineer’s recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer’s observations of
the executed Work as an experienced and qualified design professional, and on Engineer’s
review of the Application for Payment and the accompanying data and schedules, that to
the best of Engineer’s knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, the results of any subsequent tests called for in the Contract
Documents, a final determination of quantities and classifications for Unit Price Work
under Paragraph 13.03, and any other qualifications stated in the recommendation);
and
c. the conditions precedent to Contractor’s being entitled to such payment appear to
have been fulfilled in so far as it is Engineer’s responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress,
or involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract; or
b. there may not be other matters or issues between the parties that might entitle
Contractor to be paid additionally by Owner or entitle Owner to withhold payment to
Contractor.
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4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending
payments nor Engineer’s recommendation of any payment, including final payment, will
impose responsibility on Engineer:
a. to supervise, direct, or control the Work;
b. for the means, methods, techniques, sequences, or procedures of construction, or
the safety precautions and programs incident thereto;
c. for Contractor’s failure to comply with Laws and Regulations applicable to
Contractor’s performance of the Work;
d. to make any examination to ascertain how or for what purposes Contractor has used
the money paid by Owner; or
e. to determine that title to any of the Work, materials, or equipment has passed to
Owner free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 15.01.C.2.
6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s
opinion to protect Owner from loss because:
a. the Work is defective, requiring correction or replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work in accordance with
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;
d. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible; or
e. Engineer has actual knowledge of the occurrence of any of the events that would
constitute a default by Contractor and therefore justify termination for cause under
the Contract Documents.
D. Payment Becomes Due
1. Ten days after presentation of the Application for Payment to Owner with Engineer’s
recommendation, the amount recommended (subject to any Owner set-offs) will become
due, and when due will be paid by Owner to Contractor.
E. Reductions in Payment by Owner
1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is
entitled to impose a set-off against payment based on any of the following:
a. Claims have been made against Owner based on Contractor’s conduct in the
performance or furnishing of the Work, or Owner has incurred costs, losses, or
damages resulting from Contractor’s conduct in the performance or furnishing of the
Work, including but not limited to claims, costs, losses, or damages from workplace
injuries, adjacent property damage, non-compliance with Laws and Regulations, and
patent infringement;
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b. Contractor has failed to take reasonable and customary measures to avoid damage,
delay, disruption, and interference with other work at or adjacent to the Site;
c. Contractor has failed to provide and maintain required bonds or insurance;
d. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible;
e. Owner has incurred extra charges or engineering costs related to submittal reviews,
evaluations of proposed substitutes, tests and inspections, or return visits to
manufacturing or assembly facilities;
f. The Work is defective, requiring correction or replacement;
g. Owner has been required to correct defective Work in accordance with
Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;
h. The Contract Price has been reduced by Change Orders;
i. An event has occurred that would constitute a default by Contractor and therefore
justify a termination for cause;
j. Liquidated or other damages have accrued as a result of Contractor’s failure to
achieve Milestones, Substantial Completion, or final completion of the Work;
k. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and
discharge of such Liens; or
l. Other items entitle Owner to a set-off against the amount recommended.
2. If Owner imposes any set-off against payment, whether based on its own knowledge or
on the written recommendations of Engineer, Owner will give Contractor immediate
written notice (with a copy to Engineer) stating the reasons for such action and the
specific amount of the reduction, and promptly pay Contractor any amount remaining
after deduction of the amount so withheld. Owner shall promptly pay Contractor the
amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if
Contractor remedies the reasons for such action. The reduction imposed will be binding
on Contractor unless it duly submits a Change Proposal contesting the reduction.
3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the
amount wrongfully withheld will be treated as an amount due as determined by
Paragraph 15.01.D.1 and subject to interest as provided in the Agreement.
15.02 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished
under the Contract will pass to Owner free and clear of (1) all Liens and other title defects,
and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the
time of payment by Owner.
15.03 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete and request that
Engineer issue a certificate of Substantial Completion. Contractor shall at the same time
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submit to Owner and Engineer an initial draft of punch list items to be completed or corrected
before final payment.
B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider
the Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a
preliminary certificate of Substantial Completion which will fix the date of Substantial
Completion. Engineer shall attach to the certificate a punch list of items to be completed or
corrected before final payment. Owner shall have 7 days after receipt of the preliminary
certificate during which to make written objection to Engineer as to any provisions of the
certificate or attached punch list. If, after considering the objections to the provisions of the
preliminary certificate, Engineer concludes that the Work is not substantially complete,
Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify
Contractor in writing that the Work is not substantially complete, stating the reasons therefor.
If Owner does not object to the provisions of the certificate, or if despite consideration of
Owner’s objections Engineer concludes that the Work is substantially complete, then
Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final
certificate of Substantial Completion (with a revised punch list of items to be completed or
corrected) reflecting such changes from the preliminary certificate as Engineer believes
justified after consideration of any objections from Owner.
D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and
Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial
Completion, review the builder’s risk insurance policy with respect to the end of the builder’s
risk coverage, and confirm the transition to coverage of the Work under a permanent
property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in
writing, Owner shall bear responsibility for security, operation, protection of the Work,
property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the
Work.
E. After Substantial Completion the Contractor shall promptly begin work on the punch list of
items to be completed or corrected prior to final payment. In appropriate cases Contractor
may submit monthly Applications for Payment for completed punch list items, following the
progress payment procedures set forth above.
F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the punch list.
15.04 Partial Use or Occupancy
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents,
or which Owner, Engineer, and Contractor agree constitutes a separately functioning and
usable part of the Work that can be used by Owner for its intended purpose without
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significant interference with Contractor’s performance of the remainder of the Work, subject
to the following conditions:
1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy
any such part of the Work that Owner believes to be substantially complete. If and when
Contractor agrees that such part of the Work is substantially complete, Contractor,
Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for
that part of the Work.
2. At any time, Contractor may notify Owner and Engineer in writing that Contractor
considers any such part of the Work substantially complete and request Engineer to issue
a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If
Engineer does not consider that part of the Work to be substantially complete, Engineer
will notify Owner and Contractor in writing giving the reasons therefor. If Engineer
considers that part of the Work to be substantially complete, the provisions of
Paragraph 15.03 will apply with respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 6.04 regarding builder’s risk or other
property insurance.
15.05 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work, or
agreed portion thereof, is incomplete or defective. Contractor shall immediately take such
measures as are necessary to complete such Work or remedy such deficiencies.
15.06 Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, annotated record
documents (as provided in Paragraph 7.12), and other documents, Contractor may make
application for final payment.
2. The final Application for Payment must be accompanied (except as previously delivered)
by:
a. all documentation called for in the Contract Documents;
b. consent of the surety, if any, to final payment;
c. satisfactory evidence that all title issues have been resolved such that title to all Work,
materials, and equipment has passed to Owner free and clear of any Liens or other
title defects, or will so pass upon final payment.
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d. a list of all duly pending Change Proposals and Claims; and
e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (a) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible,
or which might in any way result in liens or other burdens on Owner's property, have been
paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release
or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner
to indemnify Owner against any Lien, or Owner at its option may issue joint checks
payable to Contractor and specified Subcontractors and Suppliers.
B. Engineer’s Review of Final Application and Recommendation of Payment: If, on the basis of
Engineer’s observation of the Work during construction and final inspection, and Engineer’s
review of the final Application for Payment and accompanying documentation as required by
the Contract Documents, Engineer is satisfied that the Work has been completed and
Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within 10
days after receipt of the final Application for Payment, indicate in writing Engineer’s
recommendation of final payment and present the final Application for Payment to Owner
for payment. Such recommendation will account for any set-offs against payment that are
necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with
respect to progress payments. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Notice of Acceptability: In support of its recommendation of payment of the final Application
for Payment, Engineer will also give written notice to Owner and Contractor that the Work is
acceptable, subject to stated limitations in the notice and to the provisions of
Paragraph 15.07.
D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready
for final payment as established by the Engineer’s written recommendation of final payment
and issuance of notice of the acceptability of the Work.
E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment
and accompanying documentation, Owner shall set off against the amount recommended by
Engineer for final payment any further sum to which Owner is entitled, including but not
limited to set-offs for liquidated damages and set-offs allowed under the provisions of this
Contract with respect to progress payments. Owner shall pay the resulting balance due to
Contractor within 30 days of Owner’s receipt of the final Application for Payment from
Engineer.
15.07 Waiver of Claims
A. By making final payment, Owner waives its claim or right to liquidated damages or other
damages for late completion by Contractor, except as set forth in an outstanding Claim,
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appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner.
Owner reserves all other claims or rights after final payment.
B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all
claims and rights against Owner other than those pending matters that have been duly
submitted as a Claim, or appealed under the provisions of Article 17.
15.08 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as
may be prescribed by the Supplementary Conditions or the terms of any applicable special
guarantee required by the Contract Documents), Owner gives Contractor written notice that
any Work has been found to be defective, or that Contractor’s repair of any damages to the
Site or adjacent areas has been found to be defective, then after receipt of such notice of
defect Contractor shall promptly, without cost to Owner and in accordance with Owner’s
written instructions:
1. correct the defective repairs to the Site or such adjacent areas;
2. correct such defective Work;
3. remove the defective Work from the Project and replace it with Work that is not
defective, if the defective Work has been rejected by Owner, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the
work of others, or to other land or areas resulting from the corrective measures.
B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or
repairs is defective. If such notice is given within such 60 days but after the end of the
correction period, the notice will be deemed a notice of defective Work under
Paragraph 7.17.B.
C. If, after receipt of a notice of defect within 60 days and within the correction period,
Contractor does not promptly comply with the terms of Owner’s written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced.
Contractor shall pay all costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all costs of repair or replacement of
work of others). Contractor’s failure to pay such costs, losses, and damages within 10 days of
invoice from Owner will be deemed the start of an event giving rise to a Claim under
Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure
to pay.
D. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start
to run from an earlier date if so provided in the Specifications.
E. Where defective Work (and damage to other Work resulting therefrom) has been corrected
or removed and replaced under this paragraph, the correction period hereunder with respect
to such Work will be extended for an additional period of one year after such correction or
removal and replacement has been satisfactorily completed.
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F. Contractor’s obligations under this paragraph are in addition to all other obligations and
warranties. The provisions of this paragraph are not to be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
ARTICLE 16—SUSPENSION OF WORK AND TERMINATION
16.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a
period of not more than 90 consecutive days by written notice to Contractor and Engineer.
Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an
extension of the Contract Times directly attributable to any such suspension. Any Change
Proposal seeking such adjustments must be submitted no later than 30 days after the date
fixed for resumption of Work.
16.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will constitute a default by
Contractor and justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, or failure to adhere to the Progress Schedule);
2. Failure of Contractor to perform or otherwise to comply with a material term of the
Contract Documents;
3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or
4. Contractor’s repeated disregard of the authority of Owner or Engineer.
B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving
Contractor (and any surety) 10 days’ written notice that Owner is considering a declaration
that Contractor is in default and termination of the Contract, Owner may proceed to:
1. declare Contractor to be in default, and give Contractor (and any surety) written notice
that the Contract is terminated; and
2. enforce the rights available to Owner under any applicable performance bond.
C. Subject to the terms and operation of any applicable performance bond, if Owner has
terminated the Contract for cause, Owner may exclude Contractor from the Site, take
possession of the Work, incorporate in the Work all materials and equipment stored at the
Site or for which Owner has paid Contractor but which are stored elsewhere, and complete
the Work as Owner may deem expedient.
D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if
Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure
to perform and proceeds diligently to cure such failure.
E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to
receive any further payment until the Work is completed. If the unpaid balance of the
Contract Price exceeds the cost to complete the Work, including all related claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
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attorneys, and other professionals) sustained by Owner, such excess will be paid to
Contractor. If the cost to complete the Work including such related claims, costs, losses, and
damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such
claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their
reasonableness and, when so approved by Engineer, incorporated in a Change Order. When
exercising any rights or remedies under this paragraph, Owner shall not be required to obtain
the lowest price for the Work performed.
F. Where Contractor’s services have been so terminated by Owner, the termination will not
affect any rights or remedies of Owner against Contractor then existing or which may
thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under
any payment bond or performance bond. Any retention or payment of money due Contractor
by Owner will not release Contractor from liability.
G. If and to the extent that Contractor has provided a performance bond under the provisions
of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions
of Paragraphs 16.02.B and 16.02.D.
16.03 Owner May Terminate for Convenience
A. Upon 7 days’ written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such
case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead
and profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses; and
3. other reasonable expenses directly attributable to termination, including costs incurred
to prepare a termination for convenience cost proposal.
B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination
overhead costs, or other economic loss arising out of or resulting from such termination.
16.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90
consecutive days by Owner or under an order of court or other public authority, or (2)
Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3)
Owner fails for 30 days to pay Contractor any sum finally determined to be due, then
Contractor may, upon 7 days’ written notice to Owner and Engineer, and provided Owner or
Engineer do not remedy such suspension or failure within that time, terminate the contract
and recover from Owner payment on the same terms as provided in Paragraph 16.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment within 30 days after it is submitted,
or Owner has failed for 30 days to pay Contractor any sum finally determined to be due,
Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until
payment is made of all such amounts due Contractor, including interest thereon. The
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provisions of this paragraph are not intended to preclude Contractor from submitting a
Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor’s stopping the Work as permitted by
this paragraph.
ARTICLE 17—FINAL RESOLUTION OF DISPUTES
17.01 Methods and Procedures
A. Disputes Subject to Final Resolution: The following disputed matters are subject to final
resolution under the provisions of this article:
1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full,
pursuant to Article 12; and
2. Disputes between Owner and Contractor concerning the Work, or obligations under the
Contract Documents, that arise after final payment has been made.
B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or
Contractor may:
1. elect in writing to invoke the dispute resolution process provided for in the
Supplementary Conditions;
2. agree with the other party to submit the dispute to another dispute resolution process;
or
3. if no dispute resolution process is provided for in the Supplementary Conditions or
mutually agreed to, give written notice to the other party of the intent to submit the
dispute to a court of competent jurisdiction.
ARTICLE 18—MISCELLANEOUS
18.01 Giving Notice
A. Whenever any provision of the Contract requires the giving of written notice to Owner,
Engineer, or Contractor, it will be deemed to have been validly given only if delivered:
1. in person, by a commercial courier service or otherwise, to the recipient’s place of
business;
2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3. by e-mail to the recipient, with the words “Formal Notice” or similar in the e-mail’s subject
line.
18.02 Computation of Times
A. When any period of time is referred to in the Contract by days, it will be computed to exclude
the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
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18.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in
any way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or
by other provisions of the Contract. The provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
18.04 Limitation of Damages
A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and
other matters at issue, neither Owner nor Engineer, nor any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, shall be liable to
Contractor for any claims, costs, losses, or damages sustained by Contractor on or in
connection with any other project or anticipated project.
18.05 No Waiver
A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor
will it affect the enforceability of that provision or of the remainder of this Contract.
18.06 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or
given in accordance with the Contract, as well as all continuing obligations indicated in the
Contract, will survive final payment, completion, and acceptance of the Work or termination
of the Contract or of the services of Contractor.
18.07 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
18.08 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this
Contract of any rights under or interests in the Contract will be binding on the other party
without the written consent of the party sought to be bound; and, specifically but without
limitation, money that may become due and money that is due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law),
and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract.
18.09 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
18.10 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts
of these General Conditions.
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SECTION 00 13 01
ADMINISTRATIVE REQUIREMENTS
PART 1 GENERAL
1.01 DEFINITIONS
A. Action Submittal: Written and graphic information submitted by SELLER that
requires ENGINEER’s approval.
B. Informational Submittal: Information submitted by SELLER that does not require
ENGINEER’s approval.
C. Preliminary Operation & Maintenance (O&M) Data: Initial and subsequent
submissions for ENGINEER’s review.
D. Final O&M Data: Engineer-accepted data, submitted as specified herein.
E. Maintenance Operation: As used on Maintenance Summary Form is defined to
mean any routine operation required to ensure satisfactory performance and
longevity of Goods. Examples of typical maintenance operations are cleaning,
lubrication, belt tensioning, adjustment of pump packing glands, and routine
adjustments.
1.02 PROJECT COORDINATION
A. Onsite Coordination:
1. OWNER will coordinate the activities at the Point of Destination related
to the Goods furnished under this Contract.
2. SELLER shall fully coordinate its activities with OWNER and other
contractors. This includes promptly bringing to OWNER’s attention any
conflict or coordination problem.
1.03 CONTRACT PROGRESS REPORTING
A. Progress Schedule:
1. Bar chart schedule demonstrating SELLER’s plan for fulfilling all
Contract requirements.
2. Information shall be comprehensive and shall represent all activities,
including submittals and procurement necessary to complete Contract.
3. Typical minimum detail on the schedule shall include, but not be limited
to, the following:
a. Delivery date(s) of Shop Drawings and Sample submittals.
FEBRUARY 2026
00 13 01 - 1 ADMINISTRATIVE REQUIREMENTS

b. Delivery date(s) of Operation and Maintenance Data.
c. Date SELLER places purchase orders with major subcontractors
and suppliers.
d. Date of starting assembly of specified Goods.
e. Date of finishing assembly of specified Goods.
f. Date of testing at plant.
g. Date of shipment from SELLER.
h. Date of arrival at Point of Destination.
4. Assist OWNER in determining the most current schedule information on
the Contract items, including whether SELLER is on schedule or delayed.
These requirements apply fully to telephone inquiries, personal visits,
letters, or other communication.
5. Schedule Reporting: Submit Notice of Schedule Impact at any time that a
Progress Schedule activity is delayed by 5 or more days.
a. Complete and submit to party so named on the form attached.
b. Transmit completed form via registered overnight mail service.
1.04 PRELIMINARY SHOP-DRAWINGS -REQUIRED DURING DESIGN PHASE OF
PROJECT/AFTER CONTRACT AWARDED TO SELLER
A. The SELLER shall submit Preliminary Shop-Drawings and participate in
workshops in accordance with the Design and Bid Services specified in Spec.
Section 46 53 49, Membrane Biological Reactors.
B. Preliminary Shop-Drawings Submittal No 1: The SELLER shall submit the
following technical data to the ENGINEER within 30 days after Notice to
Proceed in accordance with the procedures indicated herein.
1. Listing of complete scope of supply of equipment, valves, instruments,
components, and materials included with the Bid. Provide the following
for pumps, valves, and all other mechanical equipment provided by
SELLER, including but not limited to, compressors, air separators, etc.: a.
Make, model, weight, motor horsepower, voltage and indicate drive type
as adjustable or constant speed for each equipment assembly.
b. Complete catalog information, descriptive literature, specifications,
and identification of materials of construction. Seal, coupling, and
bearing literature shall be included with the pump information.
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c. Detailed mechanical drawings showing the equipment dimensions,
size, and locations of connections and weights of associated
equipment.
2. Submit overall process flow diagram, flow rates for all systems and
subsystems calculations, and data to substantiate selection of equipment
and pipe sizing.
3. Provide general arrangement drawings for each system component, with
mechanical, electrical, and instrumentation connection types and sizes
shown and dimensioned including manufacturer, level of redundancy,
materials of construction, and spare parts. Provide clear delineation
between Bidder-supplied piping and equipment and piping and equipment
supplied by others.
4. Scaled equipment and piping layout drawings in both plan and section.
The Drawings shall show the size and locations of all mechanical and
electrical equipment, piping valves, instruments, components and
appurtenances within the structures and buildings. Identify all external
interface connections. Provide clear delineation between Bidder-supplied
equipment, valves, and piping, and equipment, valves, and piping supplied
by others.
5. Scaled drawings in sufficient detail for the ENGINEER’s use in designing
reinforced concrete tanks, channels, building structures and associated
tank cover openings, and lifting devices required for maintenance of the
system. Show all system required concrete embeds, and identify the size
and location of field piping connections to be provided by others.
Drawings shall be accompanied by information on structural loadings and
forces including seismic, to be used by the ENGINEER for design of the
reinforced concrete structures, lifting devices, and other appurtenances.
Provide clear delineation between Bidder-supplied piping, equipment, and
materials and piping, equipment, and materials supplied by others.
6. Scaled plan, section and detail drawings in electronic form, using the latest
version of AutoCAD or Microstation.
7. Provide the following Instrumentation and Control Drawings and
Information:
a. Process and Instrumentation Diagrams (P&IDs) for the system, in
conformance with the ENGINEER’s legends and graphics
standards and the equipment numbering system specified in Spec.
Section 40 61 00, Package Process Control Requirements. Provide
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clear delineation between Bidder-supplied equipment, piping, and
components, and equipment, piping and components supplied by
others. ENGINEER will supply electronic graphics and legend
standards at First Workshop.
b. Process Control Narratives which define process control concepts
and compliment the P&IDs. Describe functions monitored,
controlled and alarmed.
c. Provide examples of HMI screens that have been provided on
previous projects.
d. Provide a block diagram of the proposed control system including
the HMI(s), PLC(s), and the data highway that conforms to the
block diagram in that is included with the Bidding Documents.
e. Provide listing of all alarm events and all other events that could
cause a membrane cassette to shut down or to be placed into
standby or shutdown or any other nonproducing state.
8. Provide required membrane system handling procedures including, but not
limited to, protection of equipment prior to and during installation,
removal of membrane preservatives, and extended out-of-service storage
and handling.
9. Indicate the required lifting capacity of the hoist (for wet equipment)
which will be supplied by others.
10. For all process water, chemical, air, and other utility system connections,
submit required design flow rates and pressure requirements at each
connection point.
11. Provide detailed mixed liquor distribution requirements into the membrane
zone, including any special connections and required pressure if
distribution headers are used.
12. Provide the flow rate and dynamic head loss for recirculation flow through
membrane equipment.
13. Provide minimum pressure required at connection to air scour header
taking into account submergence, header, and diffuser losses.
14. Provide vacuum system pressure and flow requirements at connection to
the air separation column.
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15. Provide membrane air scour requirements in terms of pressure and air
flow for the following conditions:
a. Membrane cassettes in one (1) zone in service based on
membranes supplied per Bid.
b. Membrane cassettes in one (1) zone in service based on all empty
spaces filled with membrane cassettes.
16. Provide details on any membrane air scour requirements for the range of
anticipated operation and maintenance conditions, including all cleaning
modes and idle cassettes. Provide required frequency and duration of the
airflow and pressure requirements.
17. Provide instrument air demands (total flow and pressure) and air quality
requirements.
18. Provide estimates of annual chemical consumption for membrane
cleanings and recommended size for bulk chemical storage tanks to be
supplied by others.
19. Provide minimum volume and recommended dimensions of backwash
tank to be supplied by others and required backwash flow rate.
20. Itemized listing of all revisions or updates to previous submittals and
reason for the change.
C. Preliminary Shop-Drawings Submittal No 2: The SELLER shall submit the
following technical data to the ENGINEER within 60 days after Contract
execution in accordance with the procedures indicated herein.
1. Provide detailed drawings for each system component, with mechanical,
electrical, and instrumentation connection types and sizes shown and
dimensioned including manufacturer, level of redundancy, materials of
construction, and spare parts.
2. Plan, section and detail drawings in electronic form, using the latest
version of AutoCAD or Microstation.
3. Provide the following Electrical Drawings and Information:
a. List of special motor features being furnished (i.e., space heaters,
altitude corrections, and thermal protectors)
b. Complete motor rating for all motors 15 hp and larger including
motor no-load, starting, and full-load current at rated voltage; full-
load speed and full-load current at 100 percent voltage; motor
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efficiency and power factor at 1/2, 3/4, and full load at rated
voltage.
c. List any components that will run off power supply other than
480V, three-phase. (Note: Such power should be supplied to a
single point to be identified by Bidder and then distributed to
individual components.)
d. One-line diagram(s) including all transformers, drives, panel
boards, meters, and protective devices.
e. Complete motor nameplate data, as defined by NEMA, motor
manufacturer, and including any motor modifications.
4. Provide the following Instrumentation and Control Drawings and
Information:
a. Updated P&IDs, Process Control Narratives, and PLC system
block diagram.
b. Provide listing of all alarm events and all other events that could
cause a membrane cassette to shut down or to be placed into
standby mode or any other nonproducing state.
c. Provide a detailed instrument list for all field instruments including
service, type of instrument, make/model number, range, hazardous
area classification, and mounting details.
d. For applications software, provide narrative description of process
control systems and overall control system, logic diagrams,
summary of control functions, summary of monitoring functions,
description of alarms, and other information to describe the control
system.
5. Itemized listing of all revisions or updates to previous design submittals
and reason for the change.
D. Preliminary Shop-Drawings Submittal No 3: The SELLER shall submit the
following technical data to the ENGINEER within 90 days after Contract
execution in accordance with the procedures indicated herein.
1. Provide the following for pumps, valves, and all other mechanical
equipment provided by Bidder including, but not limited to, compressors,
air separators, etc.:
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a. Anchor bolt sizing and configuration (Note: Anchor bolts shall
provided by others based on Bidder’s sizing recommendations).
b. Power and control wiring diagrams, including terminals and
numbers.
2. For Piping Systems, Provide:
a. Detailed pipe fabrication and spool drawings showing special
couplings, fittings and bends, dimensions, coatings, and other
pertinent information. Layout drawing showing location of each
pipe section and each special length; number or otherwise
designate laying sequence on each piece.
b. Pipe wall thickness and rational method or standard applied to
determine wall thickness for each size of each different service.
c. Details of hydraulic thrust restraint.
d. Sizing calculations for open-close/throttle and modulating valves.
e. Certified welding inspection and test results.
f. Qualifications of welders and weld inspectors.
g. Qualified welding procedures.
h. Nondestructive inspection and testing procedures.
3. For all connections between SELLER’s equipment and equipment or
works provided by others, provide:
a. Layout and details of complete attachment assemblies including
connection hardware, braces, and anchor bolts. Anchor bolts will
be provided by others.
b. Recommended size and location of anchor bolts, supplied by
others, based on 4,000 psi concrete.
c. Drawings and calculations for all seismic attachments, braces, and
anchorages clearly showing the criteria used for the design and
sealed by a professional civil or structural engineer licensed in the
State of Maryland.
4. Indicate the paint and coating system for each equipment item. Provide
data sheets for each paint system with SDS, manufacturer's technical data.
5. Provide the following Electrical Drawings and Information:
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a. Panel elementary diagrams of prewired panels including control
devices and auxiliary devices.
b. Wiring and control diagrams of membrane systems and equipment,
including all motors and local control panels. List of special motor
features being furnished (i.e., space heaters, altitude corrections,
and thermal protectors).
c. Complete catalog information, descriptive literature, specifications,
and identification of materials of construction including boxes,
device plates, junction and pull boxes, wiring devices, panel boards
and mini-power centers, circuit breakers and switches, motor-rated
switches, control devices, terminal block, and relays, contactors,
transformers, support and framing channels, nameplates and
nameplate schedule, conduit, fittings, and accessories, wireways,
conductors, cable, and accessories, grounding materials.
d. Factory test reports on electrical equipment.
6. Provide the following Instrumentation and Control Drawings and
Information:
a. Detailed PLC system block diagram including network
communications architecture, control panel layouts, configuration
data, I/O lists and I/O point addresses. Include a detailed bill of
materials for all PLC hardware. Provide this information in an
electronic format along with hard copies.
7. Estimated delivery time for various materials and equipment items.
8. Itemized listing of all revisions or updates to previous design submittals
and reason for the change.
9. Comprehensive submittal of the SELLER’s updated scope of supply and
installation information necessary for inclusion into the Construction
Contract Bid Documents.
10. Final version of all information provided in previous submittals.
E. Review and Certification of Construction Bid Documents: SELLER shall review
and certify the ENGINEER’s Contract Documents and Specifications for
construction of the Centreville Wastewater Treatment Plant Membrane Equipment
System facilities within 14 calendar days of receipt of the review submittal and
prior to bidding the construction contract. SELLER shall submit review
comments and certification to the ENGINEER that the design drawings and
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specifications are consistent with the SELLER’s scope of work and are
appropriate for bidding and construction of facilities related to the installation,
startup, and testing of the SELLER’s Membrane Equipment System.
1.05 SUBMITTALS REQUIRED DURING CONSTRUCTION/AFTER CONTRACT
ASSIGNED TO CONSTRUCTION CONTRACTOR (ASSIGNEE)
A. The SELLER shall submit complete shop drawings as action submittals,
consisting of the following technical data to the Construction Contractor for
approval by the ENGINEER in accordance with the procedures indicated herein.
1. Final arrangement drawings and specifications of all items and equipment
showing all dimensions required for installation, weights, forces, pipe
supports and locations, and construction details and materials required to
demonstrate compliance with these Specifications.
2. Detailed shop drawings for each system component with structural,
mechanical, electrical, and instrumentation connections shown and
dimensioned.
3. Complete equipment drawings showing all dimensions, weights, materials
of construction, welds, torque ratings, equipment drive and drive guards,
etc.
4. Size, make, and type of designation of electric motor, motor voltage, and
motor mounting details. A detailed motor data sheet for each type and size
of motor.
5. Final P&IDs consistent with legend.
6. Instrumentation and control description detailing treatment system startup,
shutdown procedures, operation, control, and monitoring, including
interface requirements as specified herein.
7. Include complete I/O lists with addresses and field terminal numbers.
8. Complete submittal information for all motors.
9. Submit manufacturer’s printed installation instructions and information
including mounting requirements, access, approximate weight of each
major piece of equipment, and required conduit size and routing.
B. Submit Manufacturer’s Certificates of Proper Installation.
C. Applications Software Documentation:
1. Delivery:
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a. Provide a preliminary version at completion of Factory Witness
Testing, before shipment of control equipment.
b. Provide final version at completion of performance acceptance
testing, after final changes to application software are completed.
2. Complete configuration documentation for microprocessor-based
configurable devices.
3. For each device, include a program configuration listing showing:
a. Function blocks or modules used.
b. Configuration, calibration, and tuning parameters.
c. Descriptive annotations.
4. Programmable Controller Submittals:
a. Complete set of user manuals.
b. PLC program description.
c. Fully documented application program files, associating internal
device addressing with program tags and symbols.
d. Function listing for function blocks not fully documented by
application program listings.
e. Cross-reference listing and interface register assignments.
f. PLC input/output listings.
g. Downloadable PLC application software program, identical to
program installed in the device at time of delivery.
1) Compiled version, in native format downloadable to the
device.
2) Include documentation internal to the program in the
complied version.
h. Format:
1) Electronic files of PLC submittals on PC-compatible thumb
drive
2) Hard copy version in 3-ring binders. Provide three copies.
5. Operator Interface Submittals:
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a. Complete set of user manuals for hardware, standard software, and
applications software.
b. System installation and software setup details, including all
parameters settings and attribute assignments.
c. Copies of all operator interface screens.
d. Database listings showing all configuration information, including
I/O addressing.
e. With Final Version of Submittal Package (Only): Standard
software authorization codes. (Microsoft Windows certificates of
authenticity.)
D. Submit test logs for piping systems.
E. Submit field test reports for electrical equipment.
F. Submit initial and final Operations and Maintenance Manuals for all equipment
provided per Section 11500, Membrane Bioreactor System.
G. Submit executed warranties.
H. Provide data summary for testing and startup.
1.06 PROCEDURES FOR SUBMITTALS REQUIRED DURING DESIGN/AFTER
CONTRACT AWARDED TO SELLER
A. Direct submittals required during design to the ENGINEER.
B. Provide seven bound hardcopies and seven electronic copies in PDF format,
unless specified otherwise.
1.07 PROCEDURES FOR SUBMITTALS REQUIRED DURING
CONSTRUCTION/AFTER CONTRACT ASSIGNED TO CONSTRUCTION
CONTRACTOR (ASSIGNEE)
A. Direct submittals required during construction to the Construction Contractor.
B. Transmittal of Submittal:
1. Review each submittal and check for compliance with Contract
Documents.
2. Stamp each submittal with uniform approval stamp before submitting;
stamp to include Project name, submittal number, Specification number,
SELLER’s reviewer name, date of SELLER’s approval, and statement
certifying that submittal has been reviewed, checked, and approved for
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compliance with Contract Documents. ENGINEER will not review
submittals that do not bear SELLER’s certification as required by the
General Conditions, and will return them without action.
3. Complete, sign, and transmit with each submittal package, one Transmittal
of SELLER’s Submittal form attached at end of this section.
4. Identify each submittal with the following:
a. Numbering and Tracking System:
1) Sequentially number each submittal.
2) Resubmission of submittal shall have original number with
sequential alphabetic suffix.
b. Specification section and paragraph to which submittal applies.
c. Project title and ENGINEER’s project number.
d. Date of transmittal.
e. Names of SELLER, Subcontractor or Supplier, and manufacturer
as appropriate.
5. Identify and describe each deviation or variation from Contract
Documents.
C. Format:
1. Do not base shop drawings on reproductions of Contract Documents.
2. Present in a clear and thorough manner and in sufficient detail to show
kind, size, arrangement, and function of components, materials, and
devices, and compliance with Contract Documents.
3. Index with labeled tab dividers in orderly manner.
D. Timeliness of Submittal: Schedule and submit in accordance with the SELLER’s
Progress Schedule, and requirements of individual Specification sections.
E. Processing Time:
1. Time for review shall commence on ENGINEER’s receipt of submittal.
2. ENGINEER will act upon SELLER’s submittal and transmit response to
SELLER not later than 20 days after receipt, unless otherwise specified.
3. Resubmittals will be subject to same review time.
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4. No adjustment of Contract Times or Price will be allowed due to delays in
providing Goods or Special Services caused by rejection and subsequent
resubmittals.
F. Resubmittals: Clearly identify each correction or change made.
G. Incomplete Submittals:
1. ENGINEER will return entire submittal for SELLER’s revision if
preliminary review deems it incomplete.
2. When any of the following are missing, submittal will be deemed
incomplete:
a. SELLER’s certification as required by the General Conditions.
b. Transmittal of SELLER’s Submittal, completed and signed.
H. Submittals not required by Contract Documents:
1. Will not be reviewed and will be returned stamped “Not Subject to
Review.”
I. Action Submittals:
1. Prepare and submit as required by individual Specification sections.
2. Shop Drawings:
a. Identify and Indicate:
1) Applicable Contract Drawing and Detail number, products,
units and assemblies, and system or equipment
identification or tag numbers.
2) Goods and Component Title: Identical to title shown on
Drawings.
3) Critical field dimensions and relationships to other critical
features. Note dimensions established by field
measurement.
4) Project-specific information drawn accurately to scale.
b. Manufacturer’s standard schematic drawings and diagrams as
follows:
1) Modify to delete information that is not applicable.
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2) Supplement standard information to provide information
specifically applicable.
c. Product Data: Provide as specified in individual Specifications.
d. Foreign Manufacturers: When proposed, include following
additional information:
1) Names and addresses of at least two companies that
maintain technical service representatives close to Project.
2) Complete list of spare parts and accessories for each piece
of equipment.
J. Informational Submittals:
1. Refer to individual Specification sections for specific submittal
requirements.
2. ENGINEER will review each submittal. If submittal meets conditions of
the Contract, ENGINEER will forward copies to appropriate parties. If
ENGINEER determines submittal does not meet conditions of the
Contract and is therefore considered unacceptable, and require that
submittal be corrected and resubmitted.
1.08 OPERATION AND MAINTENANCE (O&M) DATA
A. Format and Scheduling:
1. Preliminary Data:
a. Format: Instructional Manual.
b. Schedule: Submit subsequent for ENGINEER’s approval of shop
drawings, but prior to shipment date.
2. Final Data:
a. Submit at the time of shipment of Goods.
b. Format: Instructional Manual and Electronic Media.
c. Submit three paper copies and one electronic media copy.
B. Instructional Manual Format:
1. Binder: Commercial quality, permanent, three-ring or three-post binders
with durable plastic cover.
2. Size: 8-1/2 inches by 11 inches, minimum.
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3. Cover: Identify manual with typed or printed title “OPERATION AND
MAINTENANCE DATA” and list:
a. Project title.
b. Designate applicable system, equipment, material, or finish.
c. Identity of separate structure as applicable.
d. Identity of general subject matter covered in manual.
4. Title Page: SELLER’s name, address, and telephone number.
5. Table of Contents:
a. Neatly typewritten and arranged in systematic order with
consecutive page numbers.
b. Identify each product by product name and other identifying
numbers or symbols as set forth in Contract Documents.
6. Paper: 20-pound minimum, white for typed pages.
7. Text: Manufacturer’s printed data, or neatly typewritten.
8. Three-hole punch data for binding and composition; arrange printing so
that punched holes do not obliterate data.
9. Material shall be suitable for reproduction, with quality equal to original.
Photocopying of material will be acceptable, except for material
containing photographs.
C. Electronic Media Format:
1. Portable Document Format (PDF):
a. After all preliminary data has been found to be acceptable to the
ENGINEER, submit Operation and Maintenance data in PDF
format.
b. Files to be exact duplicates of Engineer-accepted preliminary data.
Arrange by specification number and name.
c. Files to be fully functional, bookmarked, and searchable in the
most recent version of Adobe Acrobat.
2. Manufacturers’ standard electronic format.
D. Data Content:
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1. Product Data:
a. Include only those sheets that are pertinent to specific product.
b. Clearly annotate each sheet to:
1) Identify specific product or part installed.
2) Identify data applicable to installation.
3) Delete references to inapplicable information.
c. Function, normal operating characteristics, and limiting conditions.
d. Performance curves, engineering data, nameplate data, and tests.
e. Complete nomenclature and commercial number of replaceable
parts.
f. Original manufacturer’s parts list, illustrations, detailed assembly
drawings showing each part with part numbers and sequentially
numbered parts list, and diagrams required for maintenance.
g. Spare parts ordering instructions.
h. Where applicable, identify installed spares and other provisions for
future work (e.g., reserved panel space, unused components,
wiring, terminals).
2. Color-coded piping diagrams.
3. Charts of valve tag numbers, with the location and function of each valve.
4. Drawings: Supplement product data with Drawings as necessary to clearly
illustrate:
a. Relations of component parts of equipment and systems.
b. Control and flow diagrams.
c. Coordinate drawings with Project record documents to assure
correct illustration of completed installation.
d. Format:
1) Provide reinforced, punched, binder tab; bind in with text.
2) Reduced to 8-1/2 inches by 11 inches, or 11 inches by 17
inches folded to 8-1/2 inches by 11 inches.
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3) Where reduction is impractical, fold and place in 8-1/2-inch
by 11-inch envelopes bound in text.
4) Identify Specification section and product on Drawings and
envelopes.
5. Instructions and Procedures: Within text, as required to supplement product
data.
a. Format:
1) Organize in consistent format under separate heading for
each different procedure.
2) Provide logical sequence of instructions for each procedure.
3) Provide information sheet for OWNER’s personnel,
including:
a) Proper procedures in event of failure.
b) Instances that might affect validity of guarantee or
Bond.
b. Installation Instructions: Including alignment, adjusting,
calibrating, and checking.
c. Operating Procedures:
1) Startup, break-in, routine, and normal operating
instructions.
2) Test procedures and results of factory tests where required.
3) Regulation, control, stopping, and emergency instructions.
4) Description of operation sequence by control manufacturer.
5) Shutdown instructions for both short and extended
duration.
6) Summer and winter operating instructions, as applicable.
7) Safety precautions.
8) Special operating instructions.
d. Maintenance and Overhaul Procedures:
1) Routine maintenance, schedule, and procedures.
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2) Guide to troubleshooting.
3) Disassembly, removal, repair, reinstallation, and re-
assembly.
4) List of replacement parts and recommended quantities to be
maintained in storage.
E. Content for Each Electric or Electronic Item or System:
1. Description of Unit and Component Parts:
a. Function, normal operating characteristics, and limiting conditions.
b. Performance curves, engineering data, nameplate data, and tests.
c. Complete nomenclature and commercial number of replaceable
parts.
d. Interconnection wiring diagrams, including control and lighting
systems.
2. Circuit Directories of Panelboards:
a. Electrical service.
b. Controls.
c. Communications.
3. List of electrical relay settings and control and alarm contact settings.
4. Electrical interconnection wiring diagram, including control and lighting
systems.
5. Operating Procedures:
a. Routine and normal operating instructions.
b. Sequences required.
c. Safety precautions.
d. Special operating instructions.
6. Maintenance Procedures:
a. Routine maintenance.
b. Guide to troubleshooting.
c. Adjustment and checking.
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d. List of relay settings, control and alarm contact settings.
7. Manufacturer’s printed operating and maintenance instructions.
8. List of original manufacturer’s spare parts, manufacturer’s current prices,
and recommended quantities to be maintained in storage.
F. Maintenance Summary:
1. Compile individual Maintenance Summary for each applicable item,
respective unit or system, and for components or sub-units.
2. Format:
a. Use Maintenance Summary Form bound with this section or
electronic copy.
b. Each Maintenance Summary may take as many pages as required.
c. Use only 8-1/2-inch by 11-inch size paper.
d. Complete using typewriter or electronic printing.
3. Include detailed lubrication instructions and diagrams showing points to
be greased or oiled; recommend type, grade, and temperature range of
lubricants and frequency of lubrication.
4. Recommended Spare Parts:
a. Data to be consistent with manufacturer’s Bill of Materials/Parts
List furnished in O&M manuals.
b. “Unit” is the unit of measure for ordering the part.
c. “Quantity” is the number of units recommended.
d. “Unit Cost” is the current purchase price.
1.09 SUPPLEMENTS
A. The Supplements listed below, following “End of Section,” are a part of this
Specification:
1. Notice of Schedule Impact.
2. Transmittal of Seller’s Submittal Form.
3. Maintenance Summary Form.
PART 2 PRODUCTS (NOT USED)
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PART 3 EXECUTION (NOT USED)
END OF SECTION
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NOTICE OF SCHEDULE IMPACT
(Send this form as addressed if delay is over 5 days. Send via registered, overnight mail.)
TO:
ATTENTION:
ADDRESS:
RE:
Contract No.:
Name of Contract:
Type of Goods:
Nature of Delay:
New Estimated Date for Final Shop Drawings:
New Estimated Date for Start of Manufacture:
New Estimated Date for Finish of Manufacture:
New Estimated Date for Shipment:
New Estimated Date for Arrival at Point of Destination:
SELLER:
Name:
Address:
City: State: Zip: Telephone:
By (Name/Title): Date:
FEBRUARY 2026
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TRANSMITTAL OF SELLER’S SUBMITTAL (ATTACH TO EACH SUBMITTAL)
DATE:
TO:
FROM:
Seller
Submittal No.:
New Submittal Resubmittal Project:
Project No.:
Specification Section No.:
(Cover only one section with each transmittal)
Schedule Date of Submittal:
SUBMITTAL TYPE: Shop Drawing Sample Informational
The following items are hereby submitted:
Number of Copies
Description of Item Submitted (Type, Size, Model Number, Etc.)
Spec. and Para. No.
Drawing or Brochure Number
Contains Variation to Contract
No Yes
SELLER hereby certifies that (i) SELLER has complied with the requirements of Contract
Documents in preparation, review, and submission of designated Submittal and (ii) the Submittal
is complete and in accordance with the Contract Documents and requirements of laws and
regulations and governing agencies.
By:___________________________________
SELLER (Authorized Signature)
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00 13 01 - 22 ADMINISTRATIVE REQUIREMENTS

MAINTENANCE SUMMARY FORM
PROJECT:
CONTRACT NO.:
1. ITEM
2. MANUFACTURER
3. TAG NUMBER(S)
4. WEIGHT OF INDIVIDUAL COMPONENTS (OVER 100 POUNDS)
5. NAMEPLATE DATA (hp, voltage, speed, etc.)
6. SELLER’S LOCAL REPRESENTATIVE
a. Name Telephone No.
b. Address
7. MAINTENANCE REQUIREMENTS
Maintenance Operation
Comments Frequency
Lubricant
(If Applicable)
List briefly each maintenance operation required and refer to specific information in
manufacturer’s standard maintenance manual, if applicable. (Reference to manufacturer’s catalog
or sales literature is not acceptable.)
List required frequency of each maintenance operation.
Refer by symbol to lubricant required.
8. LUBRICANT LIST
Reference
Symbol Shell
Standard
Oil Gulf Arco Or Equal
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List symbols used in No. 7 above.
List equivalent lubricants, as distributed by each manufacturer for specific use
recommended.
9. RECOMMENDED SPARE PARTS FOR OWNER’S INVENTORY
Part No. Description Unit Quantity Unit Cost
Note: Identify parts provided by this Contract with two asterisks.
END OF SECTION
FEBRUARY 2026
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SECTION 00 16 01
PRODUCT REQUIREMENTS
PART 1 GENERAL
1.01 SHOP/FACTORY FINISHING
A. Furnish manufacturer’s standard heavy-duty industrial finish and color.
1.02 EQUIPMENT AND ACCESSORIES
A. Lifting Lugs: Provide suitably attached for equipment assemblies and components
weighing over 100 pounds.
B. Nameplates: Equipment nameplates of stainless steel shall be engraved or
stamped and fastened to the equipment in accessible locations with stainless steel
screws or drive pins. Nameplates shall contain the manufacturer’s name, model,
serial number, size, characteristics, and appropriate data describing machine
performance limits.
1.03 PREPARATION FOR SHIPMENT
A. Where specified, factory test results shall be reviewed and accepted by OWNER
or ENGINEER before goods are shipped.
B. When practical, goods shall be factory assembled. When impractical:
1. Furnish assembly instructions.
2. Mark or tag the separate parts and assemblies for field assembly.
3. Cover machined and unpainted parts that may be damaged by elements
with a strippable protective coating.
C. Package or crate goods to provide protection from damage during shipping,
handling, and storage.
D. Marking: Mark or tag outside of each package or crate to indicate its purchase
order number, bill of lading number, contents by name, name of project and
SELLER, equipment number, and approximate weight.
E. Spare Parts and Special Tools:
1. Deliver at same time as goods delivery.
2. Mark to identify associated products by name, equipment, and part
number.
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3. Package parts for protection against damage from elements during
shipping, handling, and storage.
4. Ship in boxes or containers marked to indicate contents and as stated
above.
F. Accessories:
1. Deliver at same time as goods delivery.
2. Furnish accessories required to place each item of equipment in full
operation.
3. Accessories include, but are not limited to, adequate oil and grease as
required for first lubrication of equipment (after field testing), light bulbs,
fuses, hydrant wrenches, valve keys, chain operators, special tools, and
other items as required for initial operation.
1.04 DELIVERY OF GOODS
A. Notify OWNER, on SELLER’s Notice of Shipment of Goods form attached to
this section, 15 days prior to shipment of goods as specified herein. Provide all
applicable information requested on form.
B. Provide 24-hour telephone notice prior to expected delivery time at the point of
destination. Notice shall include approximate hour of delivery.
C. Delivery of goods shall be made during regular daytime working hours, Monday
through Friday, unless other arrangements have been made previously with the
OWNER.
D. Inspection on Delivery:
1. The General Contractor (GC) assigned with the construction of the project
will record receipt of goods at the point of destination, inspect for
completeness and evidence of damage during shipment.
2. Should there appear to be damage, the GC shall immediately inform the
transportation carrier.
3. Damaged or incomplete goods to be returned to SELLER for replacement
will not be unloaded, except as necessary to expedite return shipment.
4. SELLER shall expedite replacement of damaged, incomplete, or lost
items.
1.05 UNLOADING OF GOODS
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A. After acceptance by inspecting party, goods will be unloaded by the GC in
accordance with manufacturer’s instructions, or as specified.
1.06 SUPPLEMENTS
A. The Supplement listed below, following “End of Section,” is a part of this
Specification:
1. Seller's Notice of Shipment of Goods.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
FEBRUARY 2026
00 16 01 - 3 PRODUCT REQUIREMENTS

SELLER’S NOTICE OF SHIPMENT OF GOODS
Delivery of this notice should registered overnight mail.
TO:
ATTENTION:
ADDRESS:
FAX NO.:
RE: Contract No.:
Name of Contract:
Goods to be Shipped:
ATTACH BILL(S) OF LADING FOR ALL SHIPMENTS TO THIS FORM. Date of Shipment:
Manner of Shipment/Name of Carrier:
Anticipated Date of Delivery:
Special Equipment or Services Required for Unloading/Storage:
SELLER:
Name:
Address:
City: State: Zip: Telephone:
By: Date:
(Name/Title)
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SECTION 00 17 01
SPECIAL SERVICES
PART 1 GENERAL
1.01 DEFINITIONS
A. Functional Testing: Tests necessary to demonstrate that installed Goods function
as specified and operate in the manner intended. Functional testing is a
prerequisite to performance testing for goods specified to have a performance test.
B. Performance Testing: Tests necessary to demonstrate, after successful functional
testing, that goods meet specified performance requirements.
C. Installing Contractor: The entity, under separate contract with the OWNER,
whose responsibilities include the installation of the goods provided under this
Contract. Shall be synonymous with General Contractor (GC).
1.02 SUMMARY OF SPECIAL SERVICES
A. The following Special Services shall be furnished by the SELLER under this
Contract and shall be included in the Proposal Price:
1. Preliminary Shop-Drawings during the design of the project:
a. Preliminary Shop-Drawings as specified in Spec. Section 00 13 01,
Administrative Requirements and Spec. Section 46 53 49,
Membrane Biological Reactors
b. Participation in workshops.
c. Coordination and data integration with plant control system.
d. Review of construction drawings developed by ENGINEER.
2. Services During Construction/After Contract Assigned:
a. Preparation of shop drawings
b. Delivery of equipment.
c. Inspection.
d. Installation assistance to construction contractor.
e. Factory inspection and testing
f. Certification of proper installation.
3. Services During Startup and Commissioning:
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a. Coordination and assistance during functional testing.
b. Coordination and assistance during performance testing.
c. Startup assistance to Installing Contractor.
d. Pre-startup and post-startup training.
1.03 MANUFACTURER'S REPRESENTATIVE
A. Where Special Services are specified, SELLER shall furnish a qualified
representative of manufacturer.
B. If manufacturer’s representative is found deficient in training or experience by
OWNER or ENGINEER, furnish replacement representative after acceptance of
resume and other qualification documentation of proposed representative.
1.04 COMMISSIONING ASSISTANCE
A. Functional Testing: Where specified, coordinate with and assist with GC in
performing functional (or run) testing of furnished Goods. Furnish representative
to assist with test and necessary adjustments.
B. Performance Testing:
1. Where specified, coordinate with, and assist Installing Contractor in
conducting performance testing of furnished goods. Furnish representative
to assist with tests as specified for the particular goods and to correct
malfunctions.
2. Where certain goods must be performance tested and accepted after
successful startup of a system or an entire facility, such testing shall not be
performed until system or facility has been accepted.
C. Startup Assistance: Where specified, furnish representative to coordinate with and
assist Installing Contractor with startup of furnished goods:
1. SELLER’s representative shall be present during prestartup meetings.
2. Furnish labor and materials, tools, instruments, and services for checking,
testing, and startup specified.
3. Develop a standard record of testing. This record shall:
a. Be subject to approval of ENGINEER;
b. Include name of goods and subsystem, if applicable;
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c. Have provisions for recording dates of completion for checking,
inspection by manufacturer, verification of instrumentation and
controls, and completion of subsystem tests; and
d. Allow space for describing problems remaining with goods, and
for signature of ENGINEER indicating acceptance.
1.05 MANUFACTURER'S CERTIFICATE OF PROPER INSTALLATION
A. General:
1. As specified in the various sections of these Specifications, the SELLER
shall furnish the Installing Contractor with manufacturer's certificates
stating that the equipment and products have been installed under either the
continuous or periodic supervision of the manufacturer's field
representative, that they have been adjusted and initially operated in the
presence of the manufacturer's field representative, and that they are
operating in accordance with the specified requirements, to the
manufacturer's satisfaction. A copy of all manufacturer's certificates shall
be bound in each Operation and Maintenance Manual.
2. A certificate submitted for equipment, a product, or component of a product,
shall indicate test results proving that the equipment, product, or component
of a product, meet the requirements of the Contract Documents. An
affidavit consisting of a sworn statement by an official of the company
manufacturing the equipment or product indicating that the information on
the certificate is true and accurate shall accompany the certificate.
3. A statement originating from the SELLER, or any other agent which merely
indicates that a particular item of equipment, product, or component of a
product, meets the requirements of the Contract Documents shall not be
considered a certificate. Any such submittal made in this manner will not
be approved and the corresponding equipment, product, or component of a
product, shall not be finally accepted.
B. Manufacturer's Representative:
1. The definition of "manufacturer's representative" shall be as follows: a
representative from the manufacturer's plant, familiar with the actual
problems of manufacturing, installing and operating the particular
equipment or product and with enough years of experience in this field to
determine the successful operation of the equipment or product. Sales
representatives or agents of the manufacturers will not be acceptable.
2. As related to his providing the manufacturer's certificates, the SELLER
shall include in this contract price the cost of furnishing competent and
experienced manufacturer's representatives who shall represent the
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manufacturer on equipment and products furnished and installed under this
Proposal, to assist the Installing Contractor to install, adjust, start up, and
test the equipment and products in conformity with the Contract
Documents. After the equipment and products have been operated through
the trial period for each phase of construction and before being put into
permanent service the ENGINEER, such manufacturer's representatives
shall make all adjustments and tests required to provide that such equipment
and products are in proper and satisfactory. This shall be performed prior to
and separate from operational instruction.
C. ENGINEER's Responsibility: The ENGINEER will review with reasonable
promptness, within 30 days, all submittals with respect to the Contract Documents
and will indicate a qualified approval, an approval as noted or a revise and return
notation. The ENGINEER will return all submittals found incomplete without a
review.
1.06 DEMONSTRATION AND TRAINING
A. Where specified, furnish SELLER’s representative to instruct OWNER’s
personnel in proper operation and maintenance techniques for the furnished
goods.
B. Training services may include classroom or on-site instruction, either prestartup
or post-startup, as stated in the Specifications.
C. Prestartup Training:
1. Prestartup training shall be completed at least 14 days prior to actual
startup.
2. Operation and maintenance data shall be reviewed and accepted, before
initiation of prestartup training.
D. Post-Startup Training: Furnish and coordinate specified manufacturers’ services
and SELLER’s personnel for post-startup training of OWNER’s operating
personnel.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
FEBRUARY 2026
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SECTION 40 61 00
PACKAGE PROCESS CONTROL REQUIREMENTS
1 PART 1 GENERAL
1.01 SECTION INCLUDES
A. This section covers the Work necessary to furnish controls, control panels,
PLCs and field instruments required for a complete membrane filtration
system.
B. As described in these Contract Documents, the Work to be provided by the
Seller for the package control system includes, but is not limited to, the
following:
1. Submission of Shop Drawings and other descriptive information.
2. Supply of the equipment.
3. Inspection of major control panels at the membrane filtration system
fabrication facility by the OWNER and ENGINEER. Inspection shall
include human-machine interface (HMI) with PLC and verification of
all I/O and field interface points.
4. Delivery of the equipment to the wastewater treatment facility site.
5. Installation assistance, quality control, quality assurance, and inspection.
6. Onsite performance testing, equipment startup, training of the
OWNER’s staff, and follow-up testing services.
7. Coordination of membrane filter system package control system with
ENGINEER, including interim software deliverables, final deliverables,
and meetings.
1.02 SUBMITTALS
A. Shop Drawings:
1. Bill of material, catalog information, descriptive literature, wiring
diagrams, and Shop Drawings for components of control system.
2. Catalog information on electrical devices furnished with system.
3. Shop Drawings, catalog material, and dimensional layout drawings for
control panels and enclosures.
4. Panel elementary diagrams of prewired panels. Include in diagrams
control devices and auxiliary devices, for example, relays, alarms, fuses,
lights, fans, and heaters.
5. Plumbing diagrams of preplumbed panels and interconnecting plumbing
diagrams.
6. I/O or Interconnection wiring diagrams that include numbered terminal
designations showing external interfaces.
7. The SELLER shall provide an electronic database including all details
of the supplied equipment including valves, pumps, blowers, and
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instruments. The database shall be used by the ENGINEER to populate
the O&M, MMS and other databases. Details of the database
requirements shall be provided by the ENGINEER during the schematic
design phase of the Project.
8. P&ID drawings in accordance with ISA-S5.1.
9. Instrument loop drawings for each control loop in accordance with
ISA-S5.4 or arranged on a PLC module-per-page basis.
10. Software predesign and software final design.
B. Information Submittals:
1. Manufacturer’s Certificate of Proper Installation.
2. Programmable Controller Submittals:
a. Complete set of user manuals.
b. Fully documented ladder logic listings.
c. Function listing for function blocks not fully documented by
ladder logic listings.
d. Cross-reference listing.
e. CD-ROM of all PLC programs.
f. CD-ROM of all HMI programs.
g. Licensed copies, including original CD’s, of all PLC and HMI
programming software packages.
3. Manufacturer’s list of proposed spares, expendables, and test
equipment.
4. Copy of detailed loop control narratives for all membrane filtration
system control functions. Additionally provide one electronic copy.
5. Copy of the address/tag database for all control functions between the
plant SCADA system and the membrane filtration system PLC.
Tags/addressing shall be designed to maximize network communication
speed with the SCADA system. Additionally provide one electronic
copy.
1.03 MEETINGS
A. Software coordination meeting shall occur prior to software execution.
Meeting shall be held at the OWNER’s office. Provide for two days. The
intent of the software coordination meeting is to develop an understanding of
the software process, deliverables, and OWNER requirements. This software
coordination meeting provides the beginning of the software execution phase.
Software coordination meeting shall be after final submittals are approved for
detailed loop control narratives, final P&IDs, instrument list, final PLC
hardwired input/output (I/O) list, and final wiring diagrams.
B. Software predesign and predesign meeting. Meeting shall be held at the
OWNER’s office. Provide for three days. The intent of the software predesign
is to coordinate the HMI and PLC systems with ENGINEER and OWNER
prior to final production of these systems including coordination details
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associated with the plant HMI and the package control system HMI. The
predesign shall be developed by the SELLER and submitted for review. Upon
predesign submittal approval, a software predesign meeting shall be arranged
with OWNER and ENGINEER. The software predesign shall include planned
HMI graphics, PLC/HMI software I/O list (includes all discrete and analog
software control points, hardwired I/O, discrete and analog software generated
monitoring points, and all other necessary HMI software I/O required to
operate the package control system from HMI). The software predesign
meeting shall review the approved software predesign deliverables.
C. Final software review meeting. Meeting shall be held at the OWNER’s office.
Provide for two days. The purpose of the final software meeting is to review
the final software deliverables including final HMI graphics and final PLC
code. The HMI and PLC systems shall be final and have been tested by the
package system supplier prior to the final review meeting. The final review
meeting shall include demonstration of final membrane filter system package
HMI/PLC system and system functionality. The final review meeting shall
also allow ENGINEER and SELLER to test plant HMI system interface
functionality with the membrane filter system package HMI/PLC system.
1.04 DELIVERY, STORAGE, AND HANDLING
A. Prior to shipment, include corrosive-inhibitive vapor capsules in shipping
containers and related equipment as recommended by capsule manufacturer.
1.05 EXTRA MATERIALS
A. Spares, Expendables, and Test Equipment:
1. Selector Switch, Pushbutton, and Indicating Light: 20 percent, one
minimum, of each type used.
2. Light Bulb: 100 percent, 2 minimum, of each type used.
3. Fuse: 100 percent, 5 minimum, of each type used.
4. Surge Suppressors: 20 percent, one minimum, of each type used.
5. One type of each PLC module used, including power supplies, I/O
module, Ethernet module, and processor module.
2 PART 2 PRODUCTS
2.01 GENERAL
A. The membrane filtration system package control system shall be designed, at a
minimum, to perform the following functions:
1. Control membrane filtration system permeate production in any of four
modes:
a. Maintain an operator-adjustable level in the membrane basin.
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2. Monitor operational data permeate for each train including the following
at a minimum:
a. Pressure.
b. Flow rate.
c. Turbidity.
3. Monitor or calculate operational data for other membrane system
components for each train including the following at a minimum:
a. Transmembrane pressure (monitor only).
b. Backwash/backpulse flow rate. (air and water)
c. Chemical flows for maintenance cleaning.
d. CIP solution flow rate.
e. Totalized flow of previous 7 days for all flow signals.
f. Yearly hours of operation for all motorized pieces of equipment,
and each membrane train.
4. Control the sequence of backwashing and chemical cleanings.
5. Record the relaxations, backwashes, and maintenance cleans (normal)
and perform calculations to determine the membrane process recovery.
6. Record the Recovery Cleans process and perform calculations to
determine membrane process recovery.
7. Interrupt operation and/or sound alarm for any of the following
conditions:
a. High transmembrane pressure (a dedicated differential pressure
transmitter shall be provided on each membrane train).
b. High filtrate turbidity.
8. Shutdown system and alarm upon failure of any critical parameter or
component.
9. Store 1-year of historical data (historical trends, alarm logs, etc.) at the
workstation in Excel format (15 minute intervals).
10. Provide other features as required by the system for unattended
operation or to meet specified performance requirements.
B. The control system shall be configured to allow a minimum of one membrane
train to permeate continuously (24 hours per day, 7 days per week) at a set
production rate for the purposes of conducting the membrane system
monitored test period in accordance with Spec. Section 46 53 49, Membrane
Biological Reactors.
C. Remote Monitoring by Factory: Control system shall include necessary
equipment to enable remote troubleshooting PLC system parameters and
performance from the SELLER’s factory support office via Ethernet VPN
protocol.
D. All equipment and valves provided by SELLER shall be capable of manual,
local control.
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2.02 MEMBRANE SYSTEM PROGRAMMABLE LOGIC CONTROLLER
A. Provide and program a programmable logic controller (PLC) and software to
control overall membrane filtration system process operation.
B. PLC shall include a 3-month battery backup, memory sufficient to implement
all application software plus 100 percent spare capacity.
C. PLCs for other treatment facilities will be provided by others.
D. PLC shall conform to the following:
1. PLC shall include an EEPROM backup, as well as memory sufficient to
implement all application software plus 100 percent spare capacity.
2. A fully redundant shelf spare, with all functional capabilities of installed
unit and control program pre-loaded, shall be provided.
3. Master PLC shall be Allen-Bradley; Control Logix, with Ethernet port,
no exceptions because these are the plant’s standards
4. Train PLC shall be ControlLogix, Compact Logix or Flexlogix, with
Ethernet port, no exceptions because these are the plant’s standards.
5. PLC shall be programmed with Rockwell Software RSLogix 5000.
6. Each I/O chassis shall contain 20 percent spare points of each I/O type
used. All spare point shall be prewired to field interface terminals.
E. Input and Output Modules:
1. Provide isolated input/output (I/O) modules, power supplies, and all
other appurtenances sufficient for all control and monitoring functions.
Provide, at a minimum, 20 percent spare I/O modules of each type. Said
20 percent spares shall not be used for the OWNER’s optional plant
expansion from 5.0 mgd to 10.0 mgd capacity. I/O modules shall
conform to the following:
a. Digital input modules shall be Allen-Bradley Model
No. 1756-IA16I or equal.
b. Digital output modules shall be Allen-Bradley Model
No. 1756-OA16I or equal.
c. Analog input modules shall be Allen-Bradley Model
No. 1756-IF16 or equal.
d. Analog output modules shall be Allen-Bradley Model
No. 1756-OF8 or equal.
e. Thermocouple modules shall be Allen Bradley Model
No. 1756-IT6I or equal.
f. Power supplies shall be Allen Bradley Model No. 1756-P Series
or equal.
g. Remote I/O (if required) shall be Allen Bradley Model No. 1756
Series, or equal.
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h. The Ethernet module shall be Allen Bradley Model No.
1756-ENET, or equal. Provide all other appurtenances sufficient
for all control and monitoring functions.
2. Remote I/O racks, with Ethernet connections, are to be utilized by
SELLER to minimize field wiring of instrumentation.
F. Spare Parts: Minimum one of each type of PLC processor and one of each
type of I/O module and power supply.
G. Ethernet Switch: Provide twelve-port Ethernet switch inside main control
panel. Switch provided to allow laptop PC connection to PLC or HMI via
Ethernet, provide interface with plant’s PLC.
2.03 HMI
A. Provide and configure two HMI for the membrane filtration system PLC. One
unit shall be located at the membrane filtration system package main control
panel. One unit (PC tower type with 19-inch flat screen) shall be located in the
plant main control room.
B. HMI Manufacturers and Products:
1. Latest version of Wonderware preferred
2. RS View Software.
3. No “or equals” are acceptable.
C. HMI system for other portions of the wastewater treatment supply project
facilities will be provided by others. The membrane filter system package
system HMI interface requirements shall be coordinated with ENGINEER
during software pre-design.
D. Provide one complete set of the HMI system software licensed to the
OWNER.
2.04 INTERFACE WITH PLANT HMI SYSTEM
A. The SELLER’s package control system shall be designed to interface with the
plant’s HMI system. The SELLER shall attend a minimum of one planning
meeting at the OWNER’s office to coordinate the PLC/SCADA interface
design with the ENGINEER.
B. The SELLER shall provide:
1. Software coordination meeting shall occur prior to software execution.
The intent of the software coordination meeting is to develop an
understanding of the software process, deliverables, and OWNER
requirements. This software coordination meeting provides the
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beginning of the software execution phase. Software coordination
meeting shall be after final submittals are approved for detailed loop
control narratives, final P&IDs, instrument list, final PLC hard-wired
I/O list, and final wiring diagrams.
2. Software Predesign and Predesign Meeting: The intent of the software
predesign is to coordinate the HMI and PLC systems with ENGINEER
and OWNER prior to final production of these systems including
coordination details associated with the plant HMI and the package
control system HMI. The predesign shall be developed by the SELLER
and submitted for review. Upon predesign submittal approval, a
software predesign meeting shall be arranged with OWNER and
ENGINEER. The software predesign shall include planned HMI
graphics, PLC/HMI software I/O list (includes all discrete and analog
software control points, hardwired I/O, discrete and analog software
generated monitoring points, and all other necessary HMI software I/O
required to operate the package control system from HMI). The
software predesign meeting shall review the approved software
predesign deliverables.
3. Final Software Review Meeting: The purpose of the final software
meeting is to review the final software deliverables including final HMI
graphics and final PLC code. The HMI and PLC systems shall be final
and have been tested by the package system supplier prior to the final
review meeting. The final review meeting shall include demonstration
of final membrane filter system package HMI/PLC system and system
functionality. The final review meeting shall also allow ENGINEER
and SELLER to test plant HMI system interface functionality with the
membrane filter system package HMI/PLC system.
2.05 CONTROL SYSTEM COMPONENTS
A. HMI PC licenses.
B. Control Panels:
1. Vertical Control Console: To house HMI PC, monitor, keyboard and
mouse.
2. Freestanding Panel and Consoles:
a. Inside, Air Conditioned: NEMA 12.
b. Inside: NEMA 12 aluminum.
c. All Other Locations: NEMA 4X stainless steel or NEMA 4
aluminum.
3. Smaller Panels and Assemblies (that are not freestanding):
a. Inside, Air Conditioned: NEMA 12 aluminum.
b. All Other Locations: NEMA 4X.
C. Uninterruptible Power Supply (UPS): Individual UPS units in system control
panels not required. Power supply to membrane filtration system control
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panels shall be provided by others. Power will be derived from an UPS
system. Coordinate any additional UPS requirements for other system
components with the ENGINEER.
2.06 NAMEPLATES AND TAGS
A. Panel number format shall be determined by ENGINEER during project
design phase.
B. Panel Nameplates: Enclosure identification located on the enclosure face.
1. Location and Inscription: Panel number, building location, and unit
process.
2. Materials: Adhesive backed, laminated plastic.
3. Letters: 1/2-inch white on black background, unless otherwise noted.
C. Component Nameplates-Panel Face: Component identification located on
panel face under or near component.
1. Location and Inscription: Equipment tag, instrument function.
2. Materials: Adhesive backed, laminated plastic.
3. Letters: 3/16-inch white on black background, unless otherwise noted.
D. Component Nameplates-Back of Panel: Component identification located on
or near component inside of enclosure.
1. Inscription: Component tag number.
2. Materials: Adhesive backed, laminated plastic.
3. Letters: 3/16-inch white on black background, unless otherwise noted.
E. Service Legends: Component identification nameplate located on face of
component.
1. Inscription: Component function.
2. Materials: Adhesive backed, laminated plastic.
3. Letters: 3/16-inch white on black background, unless otherwise noted.
F. Nametags: Component identification for field devices.
1. Inscription: Component tag number.
2. Materials: 16-gauge, Type 304 stainless steel.
3. Letters: 3/16-inch imposed.
4. Mounting: Affix to component with 16- or 18-gauge stainless steel wire
or stainless steel screws.
2.07 ENCLOSURE FABRICATION
A. General:
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1. SELLER to size panel external dimensions.
2. Panel Construction and Interior Wiring: In accordance with the National
Electrical Code (NEC), state and local codes, and applicable sections of
NEMA, ANSI, UL, and ICECA.
3. Fabricate panels, install instruments, and wire all at the SELLER’s
facility.
4. All panels shall bear UL label stating “LISTED ENCLOSED
INDUSTRIAL CONTROL PANELS.”
B. Temperature Control:
1. Freestanding Panels:
a. Nonventilated Panels: Size to adequately dissipate heat from
equipment mounted inside panel or on panel.
b. Ventilated Panels:
1) Furnish with louvers and forced ventilation as required to
prevent temperature buildup from equipment mounted
inside panel or on panel.
2) For panels with backs against wall, furnish louvers on top
and bottom of panel sides.
3) For panels without backs against wall, furnish louvers on
top and bottom of panel back.
4) Louver Construction: Stamped sheet metal.
5) Ventilation Fans:
a) Furnish where required to provide adequate cooling.
b) Create positive internal pressure within panel.
c) Fan Motor Power: 120V ac, 60-Hz, thermostatically
controlled.
6) Air Filters: Washable aluminum, Hoffman Series A-FLT.
c. Refrigerated System: Furnish where heat dissipation cannot be
adequately accomplished with natural convection or forced
ventilation.
2. Smaller Panels (that are not freestanding): Size to adequately dissipate
heat from equipment mounted inside panel or in panel face.
3. Space Heaters: Thermostatically controlled to maintain internal panel
temperatures above dew point.
C. Freestanding Panel Construction:
1. Materials: Sheet steel with minimum thickness of 10-gauge, unless
otherwise noted.
2. Panel Fronts:
a. Fabricated from a single piece of sheet steel.
b. No seams or bolt heads visible when viewed from front.
c. Panel Cutouts: Smoothly finished with rounded edges.
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d. Stiffeners: Steel angle or plate stiffeners or both on back of panel
face to prevent panel deflection under instrument loading or
operation.
3. Internal Framework:
a. Structural steel for instrument support and panel bracing.
b. Permit panel lifting without racking or distortion.
4. Lifting rings to allow simple, safe rigging and lifting of panel during
installation.
5. Adjacent Panels: Securely bolted together so front faces are parallel.
6. Doors:
a. Full height, fully gasketed access doors.
b. Latches: Three-point, Southco Type 44.
c. Handles: “D” ring, foldable type.
d. Hinges: Full length, continuous, piano type, steel hinges with
stainless steel pins.
e. Rear Access Doors: Extend no further than 24 inches beyond
panel when opened to 90-degree position.
f. Front and Side Access Doors: As required for maintenance.
D. Nonfreestanding Panel Construction:
1. Based on environmental design requirements provide the following:
a. For panels listed as inside, air conditioned:
1) Enclosure Type: NEMA 12.
2) Materials: Steel.
b. For all other panels:
1) Enclosure Type: NEMA 4X.
2) Materials: Type 316 stainless steel.
2. Metal Thickness: 14-gauge, minimum.
3. Doors:
a. Rubber-gasketed with continuous hinge.
b. Stainless steel lockable quick-release clamps.
4. Manufacturers:
a. Hoffman Engineering Co.
b. H. F. Cox.
E. Control Panel Electrical:
1. Power Distribution within Panels:
a. Feeder Circuits (Panel power supply):
1) One or more 120V ac, 60-Hz feeder circuits.
2) Make provisions for feeder circuit conduit entry.
b. Distribution Circuits: Furnish main circuit breaker and a circuit
breaker on each individual branch circuit distributed from power
panel.
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REQUIREMENTS

1) Locate to provide clear view of and access to breakers when
door is open.
2) Provide typed panel directory that clearly describes function
of each circuit breaker.
3) All 120V powered field instruments supplied by the
membrane filtration system supplier shall be powered from
control panels.
4) Breaker Sizes: Coordinate such that fault in branch circuit
will trip only branch breaker but not trip the main breaker.
a) Branch Circuit Breakers: 15 amps at 250V ac.
5) Breaker Manufacturers and Products:
a) Heinemann Electric Co., Series AM.
b) Allen Bradley.
c) Square D type QO.
c. Circuit Wiring: Use following rules for circuit wiring:
1) Devices on Single Circuit: 20, maximum.
2) Multiple Units Performing Parallel Operations: To prevent
failure of any single branch circuit from shutting down
entire operation, do not group all units on same branch
circuit.
3) Branch Circuit Loading: 12 amperes continuous, maximum.
4) Panel Lighting and Service Outlets: Put on separate 15-amp
120V ac branch circuit.
5) Provide 120V ac plugmold for panel components with line
cords.
2. Signal Distribution:
a. Within Panels: 4 to 20 mA dc signals may be distributed as 1 to
5V dc.
b. Outside Panels: Isolated 4 to 20 mA dc only.
3. Signal Switching:
a. Use dry circuit type relays or switches.
b. No interruption of 4 to 20 mA loops during switching.
c. Switching Transients in Associated Signal Circuit:
1) 4 to 20 mA dc Signals: 0.2 mA, maximum.
2) 1 to 5V dc Signals: 0.05V, maximum.
4. Relays:
a. General:
1) Relay Mounting: Rail.
2) Provide rail end stops.
3) Manufacturer and Product: Entrelec DIN Rail
Type RB 122AR or equal.
5. Power Supplies:
a. Furnish as required to power instruments requiring external dc
power, including two-wire transmitters and dc relays.
b. Convert 120V ac, 60-Hz power to dc power of appropriate
voltage(s) with sufficient voltage regulation and ripple control to
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REQUIREMENTS

assure that instruments being supplied can operate within their
required tolerances.
c. Provide output over voltage and over current protective devices
to:
1) Protect instruments from damage due to power supply
failure.
2) Protect power supply from damage due to external failure.
d. Enclosures: NEMA 1.
e. Mount such that dissipated heat does not adversely affect other
components.
f. Fuses: For each dc supply line to each individual two-wire
transmitter.
1) Type: Indicating.
2) Mount so fuses can be easily seen and replaced.
F. Wiring:
1. ac Circuits:
a. Type: 300-volt, Type MTW stranded copper.
b. Size: For current to be carried, but not less than No. 14 AWG.
2. Analog Signal Circuits:
a. Type: 300-volt, Type 2 stranded copper, twisted shielded pairs.
b. Size: No. 18 AWG, minimum.
3. Other dc Circuits.
a. Type: 300-volt, Type MTW stranded copper.
b. Size: No. 18 AWG, minimum.
4. Separate analog and other dc circuits at least 6 inches from any ac
power and control wiring.
5. Enclose wiring in sheet metal raceways or plastic wiring ducts.
6. Wire Identification:
a. Numbered and tagged at each termination.
b. Wire Tags: Snap-on or slip-on PVC wire markers with legible
machine printed markings and numbers. Do not use adhesive or
taped-on tags.
G. Wiring Interface:
1. For analog and discrete signal, terminate at numbered terminal blocks.
2. For special signals, terminate power (240 volts or greater) at
manufacturer’s standard connectors.
3. Furnish terminal board for termination of all field interface wires.
Provide 20 percent spare terminals of each type used.
H. Terminal Blocks:
1. Quantity:
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REQUIREMENTS

a. For external connections.
b. Wire spare or unused panel mounted elements to their panels’
terminal blocks.
2. General: Group to keep 120V ac circuits separate from 24V dc circuits.
a. Connection Type: Screw connection clamp or screwless spring
clamp style.
b. Compression Clamp:
1) Hardened steel clamp with transversal grooves penetrating
wire strands providing a vibration-proof connection.
2) Guides strands of wire into terminal.
c. Screws: Hardened steel, captive and self-locking.
d. Current Bar: Copper or treated brass.
e. Insulation:
1) Thermoplastic rated for minus 55 to plus 110 degrees C.
2) Two funnel shaped inputs to facilitate wire entry.
f. Mounting:
1) Rail.
2) Terminal block can be extracted from an assembly without
displacing adjacent blocks.
3) End Stops: One at each end of rail, minimum.
g. Wire Preparation: Stripping only.
h. Jumpers: Allow jumper installation without loss of space on
terminal or rail.
i. Marking System:
1) Terminal number shown on both sides of terminal block.
2) Allow use of preprinted and field marked tags.
3) Terminal strip numbers shown on end stops.
4) Mark terminal block and terminal strip numbers as required.
3. Terminal Block, 120-Volt Power:
a. Rated Voltage: 300V ac.
b. Rated Current: 30 amp.
c. Wire Size: 22-10 AWG.
d. Rated Wire Size: 10 AWG.
e. Color: Gray body.
f. Spacing: 0.25 inch, maximum.
g. Manufacturer and Product: Entrelec; Type M4/6.
4. Terminal Block, Ground:
a. Wire Size: 22-12 AWG.
b. Rated Wire Size: 12 AWG.
c. Color: Green and yellow body.
d. Spacing: 0.25 inch, maximum.
e. Grounding: Ground terminal blocks electrically grounded to the
mounting rail.
f. Manufacturer and Product: Entrelec; Type M4/6.P.
5. Terminal Block, Blade Disconnect Switch:
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REQUIREMENTS

a. Use: Provide one for each discrete input and output field interface
wire.
b. Rated Voltage: 300V ac.
c. Rated Current: 10 amp.
d. Wire Size: 22-12 AWG.
e. Rated Wire Size: 12 AWG.
f. Color: Gray body, orange switch.
g. Spacing: 0.25 inch, maximum.
h. Manufacturer and Product: Entrelec; Type M4/6.SN.
6. Terminal Block, Fused, 24V dc:
a. Rated Voltage: 300V dc.
b. Rated Current: 6.3 amp.
c. Wire Size: 22-12 AWG.
d. Rated Wire Size: 12 AWG.
e. Color: Gray body.
f. Fuse: 5 by 20 GMA fuses.
g. Fuse Marking: Fuse amperage rating shown on top of terminal
block.
h. Indication: LED diode 24V dc.
i. Leakage Current: 5.2 mA, maximum.
j. Spacing: 0.32 inch, maximum.
k. Manufacturer and Product: Entrelec; Type M4/6.SFD.
7. Terminal Block, Fused, 120V ac:
a. Rated Voltage: 300 V ac.
b. Rated Current: 6.3 amp.
c. Wire Size: 22-12 AWG
d. Rated Wire Size: 12 AWG.
e. Color: Gray body.
f. Fuse: 5 by 20 GMA fuses.
g. Fuse Marking: Fuse amperage rating shown on top of terminal
block.
h. Indication: Neon lamp 110V ac.
i. Leakage Current: 1.8 mA, maximum.
j. Spacing: 0.32 inch, maximum
k. Manufacturer and Product: Entrelec; Type M4/6.SFL.
I. Grounding: Internal copper grounding bus for ground connections on panels,
consoles, racks, and cabinets.
J. Relays:
1. General:
a. Relay Mounting: Plug-in type socket.
b. Relay Enclosure: Provide dust cover.
c. Socket Type: Screw terminal interface with wiring.
d. Socket Mounting: Rail.
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REQUIREMENTS

e. Furnish holddown clips.
2. Control Circuit Switching Relay, Nonlatching:
a. Type: Compact general purpose plug-in.
b. Contact Arrangement: 3 Form C contacts.
c. Contact Rating: 10A at 28V dc or 240V ac.
d. Contact Material: Silver cadmium oxide alloy.
e. Coil Voltage: As required.
f. Coil Power: 1.8 watts (dc), 2.7VA (ac).
g. Expected Mechanical Life: 10,000,000 operations.
h. Expected Electrical Life at Rated Load: 100,000 operations.
i. Indication Type: Neon or LED indicator lamp.
j. Push-to-test button.
k. Manufacturer and Product: Potter and Brumfield; Series KUP.
3. Control Circuit Switching Relay, Latching:
a. Type: Dual coil mechanical latching relay.
b. Contact Arrangement: 2 Form C contacts.
c. Contact Rating: 10A at 28V dc or 120V ac.
d. Contact Material: Silver cadmium oxide alloy.
e. Coil Voltage: As noted or shown.
f. Coil Power: 2.7 watts (dc), 5.3VA (ac).
g. Expected Mechanical Life: 500,000 operations.
h. Expected Electrical Life at Rated Load: 50,000 operations.
i. Manufacturer and Product: Potter and Brumfield; Series KB/KBP.
4. Control Circuit Switching Relay, Time Delay:
a. Type: Adjustable time delay relay.
b. Contact Arrangement: 2 Form C contacts.
c. Contact Rating: 10A at 240V ac.
d. Contact Material: Silver cadmium oxide alloy.
e. Coil Voltage: As required.
f. Operating Temperature: Minus 10 to 55 degrees C.
g. Repeatability: Plus or minus 2 percent.
h. Delay Time Range: Select range such that time delay setpoint fall
between 20 to 80 percent or range.
i. Time Delay Setpoint: As required.
j. Mode of Operation: As required.
k. Adjustment Type: Integral potentiometer with knob external to
dust cover.
l. Manufacturer and Products: Potter and Brumfield.
1) Series CB for 0.1-second to 100-minute delay time ranges.
2) Series CK for 0.1- to 120-second delay time ranges.
K. Intrinsic Safety Barriers:
1. Intrinsically Safe Relays: Monitor discrete signals that originate in
hazardous area and are used in a safe area.
a. Manufacturer and Product: MTL, Inc.; Series MTL 2000.
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REQUIREMENTS

2. Intrinsically Safe Barriers: Interface analog signals as they pass from
hazardous area to safe area.
a. Manufacturer and Product: MTL, Inc.; Series MTL 3000.
2.08 INSTRUMENT TAG NUMBERS
A. Instrument tag numbers shall be determined by the membrane filtration
system supplier.
2.09 MONITORING EQUIPMENT (INSTRUMENTS)
A. Turbidity Elements and Transmitters:
1. General:
a. Function: Continuously measure, indicate, and transmit signals
proportional to turbidity of the membrane permeate.
b. Each turbidimeter shall be integrated with the membrane filtration
system PLC for monitoring, data recording, and alarm/shutdown.
c. Turbidimeters shall obtain sample permeate by gravity flow from
source and route wastewater to drain by gravity flow. A rotameter
and flow control needle valve, sized appropriately for the
application, shall be provided to control flow to the turbidimeter.
d. Type: Light scatter detection measurement using a 90-degree
scatter photocell detector.
e. Parts: Element, transmitter, interconnecting cable, mounting
hardware, calibration cylinder and expendables.
2. Performance:
a. Range: 0 to 1 NTU for membrane permeate.
b. Resolution: 0.0001 NTU.
c. Repeatability: Plus or minus 1.0 percent or plus or minus
0.002 NTU, whichever is greater.
d. Response Time: For a full scale step change, 90 percent response
in 5 minutes at 250 ml/min flow.
e. Required Flow: 250 to 750 ml/min.
f. Sample Fluid Temperature: 32 to 122 degrees F.
g. Operating Temperature: 32 to 104 degrees C.
3. Element:
a. General: Flow-through body using focused light and a
photodetector cell to measure 90-degree scattered light within the
fluid.
b. Internal bubble trap and vent.
4. Transmitter:
a. Features:
1) Indication Range: 0 to 1 NTU for membrane permeate.
2) Four-digit display.
b. Signal Interface:
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REQUIREMENTS

1) Output: 4 to 20 mA dc for a load impedance of 500 ohms
minimum.
2) Alarm Contacts: Two independent alarm setpoints, each
adjustable over the full range.
c. Enclosure:
1) Type: NEMA 4X.
2) Mounting: Wall-mounted.
5. Cable: 20 feet.
6. Expendables:
a. Lamp Units: Provide one spare for each unit provided.
b. Formazin Calibration Kit: Provide one for each unit provided
(3-month supply).
7. Manufacturer and Product: Hach Company; Turbidimeter,
Model 1720E.
B. A7 pH Element and Transmitter:
1. General:
a. Function: Continuously measure, indicate, and transmit the pH of
a process fluid.
b. Type: Electrometrically measure pH without requiring electrolyte
flow.
c. Parts: Element, transmitter, interconnecting cable, junction box,
and expendables.
2. Performance:
a. Range: 0 to 14 pH units.
b. Accuracy: Plus or minus 0.05 pH units.
c. System Resolution: Within 0.01 pH units.
3. Features: Automatic thermocompensator for process liquid temperatures
32 to 212 degrees F.
4. Instrument Piping Connections: Shall be prepiped: sample in, sample
drain, and overflow drain. A rotameter and flow control needle valve,
sized appropriately for the application, shall be provided to control the
flow to the instrument.
5. Element:
a. Type: Insertion with measuring and reference electrodes.
b. Measuring Electrode: Glass, field replaceable.
c. Reference Electrode: Double junction type, field replaceable.
d. Liquid Junction: Ceramic porous plug, unless otherwise noted.
e. Features: Integral preamplifier/signal conditioner.
f. Zero Stability: 0.01 pH units for 24 hours, minimum.
g. Operating Conditions: Capable of withstanding up to 50 psig at
175 degrees F minimum.
h. Mounting/Process Connection: Wall mount.
i. Mounting Hardware: As recommended by the manufacturer for
the specific application.
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REQUIREMENTS

j. Wetted Parts: Nonmetallic synthetic materials; manufacturer to
confirm compatibility with process fluid.
6. Transmitter:
a. Features:
1) Indicator: LCD or LED digital display.
2) Scale Range: As noted for Performance Range.
3) Contact Setpoint: When noted, setpoint adjustable from 0 to
100 percent of full range, initial setting as noted.
b. Signal Interface:
1) Output: Isolated 4 to 20 mA dc for load impedance 0 to
500 ohms minimum for 24V dc supply without load
adjustments.
2) Contacts: When noted, SPST rated 3A continuous at
120V ac, minimum.
c. Enclosure:
1) Type: NEMA 4X.
2) Mounting: Wall, unless otherwise noted.
d. Power:
1) Four-Wire Unit: Unless otherwise noted, 120V ac,
50/60-Hz.
7. Cable: Length as required to accommodate the device locations.
8. Junction Box:
a. Quantity: For each element when noted.
b. Type: NEMA 4X with terminal block, receptacle, cable clamp
adapter, and watertight plug.
9. Expendables (for Each Unit Provided):
a. Liquid Junction: One of the type specified.
b. Chemicals: 1 liter each of buffer solution for pH 4, pH 7, and
pH 10.
c. Electrodes: One double junction reference electrode and one glass
measuring electrode.
d. O-Rings: One complete set of O-rings and one tube of O-ring
lubricant.
e. Electrolyte Solution: Quantity as required to make one complete
changeout of gel-filled solution contained in sensor body.
10. Manufacturers:
a. Four-Wire Units:
1) Foxboro; Model 871PH element and Model 873 transmitter
2) Hach Model LCP-6028PO element and Model 53
transmitter.
C. F4 Flow Element and Transmitter, Electromagnetic:
1. General:
a. Function: Measure, indicate, and transmit the flow of a process
liquid in a full pipe.
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REQUIREMENTS

b. Type: Electromagnetic flow meter, with operation based on
Faraday’s Law, utilizing the pulsed dc type coil multiple
frequency excitation principle with high impedance electrodes.
c. Parts: Flow element, transmitter, interconnecting cables, mounting
hardware, and calibrator.
2. Service:
a. Stream Fluid: As required.
3. Performance:
a. Flow Range: As required.
b. Accuracy: Less than plus or minus 0.5 percent of measured rate
for all flows resulting from pipe velocities of 1 to 33 feet per
second.
c. Turndown Ratio: Minimum of 10 to 1 when flow velocity at
minimum flow is at least 1 foot per second.
4. Features:
a. Zero stability feature to eliminate the need to stop flow to check
zero alignment.
b. No obstructions to flow.
c. Very low pressure loss.
5. Process Connection:
a. Meter Size: As required.
b. Connection Type: 150-pound ANSI raised-face flanges or wafer
style depending on meter size, unless otherwise noted.
c. Flange Material: Carbon steel, unless otherwise noted.
6. Signal Interface: 4 to 20 mA dc for load impedance 0 to 750 ohms
minimum.
7. Power: 120V ac, 60-Hz, unless otherwise noted.
8. Element:
a. Meter Tube Material: Type 304 stainless steel, unless otherwise
noted.
b. Liner Material: As required.
c. Liner Protectors: Covers on each end to protect liner during
shipment.
d. The liner shall completely encapsulate the electrode cavity to
insulate electrodes from the meter body. Liners in meter sizes
1-inch and larger shall be mechanically retained to resist line
collapse in vacuum service and inhibit meter failure due to liner
cuts or abrasions.
e. Electrode Type: Flush or bullet nose as recommended by the
manufacturer for the stream fluid.
f. Electrode Material: 316 stainless steel, unless otherwise note.
g. Enclosure: NEMA 4, unless otherwise noted. Where required,
suitable for installation NEC Class 1, Division 1, Groups C and D,
hazardous areas.
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REQUIREMENTS

h. Grounding Ring/Electrode Material: 316 stainless steel, unless
otherwise noted. Grounding ring shall be securely mounted to
assure proper operation regardless of piping material.
i. Removable: Electrodes shall be removable without removing
inline element from piping.
9. Transmitter:
a. Display: Illuminated ICD Digital Display to show both flow rate
and total.
b. Mounting: Remote, unless otherwise noted.
c. Enclosure: NEMA 4X. Where noted, suitable for installation NEC
Class 1, Division 1, Groups C and D, hazardous areas.
d. Zero and Span: Field adjustable.
e. Indicator: Digital 16-character display, with scale range as noted.
f. Totalizer: Digital 16-character display, with totalizer unit digit
value as required.
g. Suitable for use with any size of element.
h. Power: Shall provide low power voltage to the element and shall
have dual compartments with wiring terminals environmentally
isolated from the electronics.
10. Cables:
a. Types: As recommended by manufacturer.
b. Lengths: As required to accommodate device locations up to
900 feet from flow tube.
11. Calibration System:
a. Features:
1) Field programmable electronics.
2) Self-diagnostics with troubleshooting codes.
3) Ability to program electronics with full scale flow,
engineering units, meter size, zero flow cutoff, desired
signal damping, totalizer unit digit value, etc.
4) Initial flow tube calibration and subsequent calibration
checks.
b. Equipment:
1) Built-in electronics with each unit provided.
2) One portable calibrator required for the various
electromagnetic flow meters provided on the project.
c. Onsite Verification: The following parameters shall be verified
once the meter has been installed:
1) Insulation test of meter system and cables.
2) Signal converter gain, linearity, and zero point tests.
3) Sensor magnetic properties.
4) Digital output test.
5) Analog output test.
12. Manufacturers:
a. Foxboro, Model 9100 with IMT remote transmitter.
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REQUIREMENTS

b. Krohne, IFS 4000 series with remote SC100AS transmitter or
IFM 4000 series for integral, as applicable.
c. Endress & Hauser; Model Promag 33.
d. Siemens Mag5000/6000 transmitter, 5100W flow element
D. L10 Level Transmitter, Direct Sensing, Flange Mounted:
1. General:
a. Function: Measure level in a process vessel.
b. Type:
1) Capacitive differential pressure cell.
2) Diaphragm for process fluid isolation.
3) Flange Mounting.
4) Smart electronics.
5) Two-wire device.
2. Service:
a. Process Fluid: As required.
b. Process Temperature Range: Minus 20 to 400 degrees F, unless
otherwise noted.
c. Ambient Temperature Range: Minus 40 to 250 degrees F, unless
otherwise noted.
d. Humidity: 0-100 percent relative.
3. Performance:
a. Range: As required.
b. Accuracy: Plus or minus 0.75 percent of span.
4. Features:
a. Zero Suppression or Elevation: As required.
b. Damping: User-selectable; 0 to 36 seconds time constant of
analog output response to step change input.
c. Transmitter: Two-wire, powered from external power supply.
d. Zero and Span Adjustments: Local, external, non-interactive,
unless otherwise noted.
e. Process Wetted Parts: Flanged Process Connection (Transmitter
High Pressure Side):
1) Flange Size/Type: 3-inch, Class 150, unless otherwise
noted.
2) Process Diaphragm: 316 SST, unless otherwise noted.
3) Mounting Flange: SST, unless otherwise noted.
4) Mounting, Flush, unless otherwise noted.
5) Extension Materials (if extension mount noted): 316 SST,
unless otherwise noted.
6) Extension Length (if extension mount noted): As required.
7) Process Fill Fluid (High Pressure Side): Dow Corning
Silicon 200, unless otherwise noted.
f. Reference Process Connection (Transmitter Low Pressure Side)
Configuration (Differential, unless otherwise noted):
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REQUIREMENTS

1) Drain/Vent: 316 SST.
2) Flange Adapter: SST.
3) Diaphragm Material: 316 SST, unless otherwise noted.
4) Sensor Fill Fluid (Low Pressure Side): Silicone, unless
otherwise noted.
g. O-Ring: Glass-filled TFE.
h. Bolts for Flanges and Adapters: 316 SST, unless otherwise noted.
i. LCD Meter Integral Transient Protection (if noted):
1) Meet IEEE 587, Category B.
2) Meet IEEE 472, Surge Withstand Capability.
5. Process Connections, Type and Material: See Process Wetted Parts.
6. Signal Output Interface:
a. 4 to 20 mA dc for load impedance 0 to 580 ohms minimum at
24V dc supply voltage without load adjustment.
b. Superimposed digital signal based on HART protocol.
7. Enclosure: NEMA 4X, polyurethane-covered aluminum, unless
otherwise noted.
8. Handheld Communicator: One total, allowing remote configuration
using HART protocol.
9. Manufacturers/Model:
a. Rosemount; 3051L, Liquid Level Transmitter.
b. Foxboro; I/A Series, Intelligent Flanged Level Transmitter.
c. Siemens A1000i
E. P8 Pressure Switch, Fixed Dead Band:
1. General:
a. Function: Monitor pressure and provide contact closure(s) when
pressure is at the noted setpoint.
b. Type: Diaphragm sealed piston actuator.
2. Performance:
a. Setpoint: As required.
1) Adjustable over the full range.
2) Set as required.
b. Range: The noted setpoint shall fall between 30 percent and
70 percent of the range.
c. Setpoint Repeatability: Plus or minus 1 percent of range.
3. Features:
a. Diaphragm Material: Buna-N, unless otherwise noted.
b. Pressure Connection: Type 304 stainless steel, unless otherwise
noted.
c. Reset: Automatic, unless otherwise noted.
4. Enclosure: NEMA 4X, unless otherwise noted.
5. Signal Interface:
a. Contact Type: SPDT, snap action switch, rated for 15 amps at
120V ac.
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REQUIREMENTS

b. Number of Switch Elements: One, unless otherwise noted.
6. Manufacturers:
a. Ashcroft; B Series.
b. United Electric; Series 400.
c. SOR.
F. P9 Pressure Transmitter, Electronic:
1. General:
a. Function: Measure pressure and transmit signal proportional to
pressure or level.
b. Type: Electronic variable capacitance; two-wire transmitter;
“smart electronics”.
c. Parts: Transmitter and communicator.
2. Performance:
a. Range: As noted.
b. Maximum Adjustable Range: Noted range shall lie between
40 percent and 80 percent of maximum adjustable range.
c. Accuracy: Plus or minus 0.075 percent of span, unless otherwise
noted.
d. Temperature: Operating range minus 20 degrees F to plus
250 degrees F, minimum.
e. Humidity: 0 to 100 percent relative humidity.
3. Features:
a. Type: Gauge pressure, unless otherwise noted.
b. Damping: Fluid or electronic type with adjustment.
c. Indicator: Four-digit LCD indicating noted range.
d. Suppressed or Elevated Zero: When noted.
e. Materials: Wetted parts including process flanges and drain/vent
valves, 316 stainless steel, unless otherwise noted.
f. Wetted O-Rings: Glass filled TFE, graphite filled PTFE, or Viton,
unless otherwise noted.
g. Fill Fluid: Silicone, unless otherwise noted.
4. Process Connections:
a. Line Size: 1/2 inch or 1/4 inch, selectable.
b. Connection Type: FNPT.
5. Signal Interface:
a. 4 to 20 mA dc output for load impedance of 0 to 500 ohms
minimum, without load adjustment with 24V dc supply.
b. Digital process variable signal superimposed on 4-20 mA signal;
support HART protocol type device.
6. Enclosure:
a. Type: NEMA 4X, unless otherwise noted.
b. Mounting: Pipe or wall as required. Provide stainless steel
brackets with stainless steel bolts.
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c. Housing: Modular with separate compartments for electronics and
field connections. Epoxy coated aluminum, unless otherwise
noted.
7. Communicator:
a. Quantity: One per lot of Component P9 devices provided under
Contract, unless otherwise noted.
b. Features:
1) Keypad and LCD display.
2) Program Memory: 8.0 MB, unless otherwise noted.
3) Transmitter Data: 2 KB, unless otherwise noted.
4) Battery Pack: Disposable AA 1.5V batteries, unless
otherwise noted.
5) Factory Mutual (FM) Intrinsic Safety Approval:
Intrinsically safe for Class I, Division 1, Groups A, B, C
and D.
6) Manufacturer: HART Communicator.
8. Manufacturers and Products:
a. Gauge Pressure Units:
1) Rosemount; Model 3051 TG.
2) SMAR; LD301M Series.
3) Foxboro; Model IGP10
4) Sitran P300
b. Absolute Pressure Units:
1) Rosemount; Model 3051 TA.
2) SMAR; LD301A Series.
3) Foxboro; Model IAP10
4) Sitrain DSIII.
G. T3 Temperature Element and Transmitter, Resistance:
1. General:
a. Function: Measure the temperature of a process fluid, and transmit
analog signal proportional to temperature.
b. Type: RTD.
c. Parts: Element, thermowell, and transmitter.
2. Service:
a. Process Fluid: As required.
b. Process Temperature Range: As required.
3. Element:
a. Type:
1) Single-element, unless otherwise noted
2) Three-wire, RTD.
3) Platinum, 100 ohm nominal at 0 degrees C.
b. Performance:
1) Accuracy: Greater of plus or minus 4 degrees F or plus or
minus 0.75 percent of reading.
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c. Features:
1) Dimensions: 1/4-inch diameter.
2) Length to accommodate thermowell insertion and extension
lengths.
3) Spring-loaded element when well is used.
4) Sheath:
a) Type 316 stainless steel, unless otherwise noted.
b) Process Operating Temperature
Range: minus 320 to 900 degrees F, unless otherwise
noted.
5) Terminal Connection Head:
a) General purpose, NEMA 4 weatherproof, unless
otherwise noted.
b) Maximum Temperature: 220 degrees F, unless
otherwise noted.
6) Thermowell Connection: Union Coupler, unless otherwise
noted.
7) Sensitive Length: 1.6 inch minimum, measured from closed
end.
4. Thermowell:
a. Features:
1) Inside Diameter: Sized to match thermocouple.
2) Material: Type 304 stainless steel, unless otherwise noted.
3) Insertion Length: As required.
4) Extension Length: 3 inches, unless otherwise noted.
b. Process Connection: 1-inch NPT connection, unless otherwise
noted.
c. Well Type: Plain, threaded solid, unless otherwise noted.
5. Transmitter:
a. Ambient Operation Conditions.
1) Temperature: minus 20 to 158 degrees F, with display.
2) Relative Humidity: 0 to 100 percent, noncondensing.
b. Type: Two-wire, powered by a remote power supply.
c. Performance:
1) Accuracy: Greater of plus or minus 0.7 degree F or plus or
minus 0.06 percent of span.
2) Response Time: 1.2 second 90 percent response time for
80 percent input step, with minimum damping.
d. Electrical Safety: Standard unless otherwise noted.
e. Features:
1) Indicator: Three line LCD, unless otherwise noted.
2) Automatic reference junction compensation.
3) Failsafe Mode:
a) User configurable ON, unless otherwise noted.
b) Downscale, unless otherwise noted.
4) Electric damping: 1.2 seconds.
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f. Signal Interface: 4 to 20 mA dc
g. Power: 24V dc external power supply.
h. Digital Communication: HART.
1) One HART communicator to be supplied for all HART
capable transmitters, if not already supplied under another
specification section.
i. Enclosure:
1) Materials: Epoxy coated, low-copper aluminum, unless
otherwise noted.
2) Type: NEMA 4X.
3) Mounting: Wall, pipe stand, or integral to thermowell, as
required.
a) For wall or pipe stand, provide stainless steel
mounting set, unless otherwise noted.
b) For integral thermowell mount, provide zinc-plated
steel union coupling, unless otherwise noted.
6. Manufacturers and Products:
a. Foxboro; RTT20 Series Transmitter with PR Series RTD and
Thermowell.
b. Rosemount; Series LTS Thermowell, 78 Series Platinum RTD and
Model 644H Transmitter.
c. Sitrans TK-L
2.10 OTHER INSTRUMENTATION AND FIELD SERVICES
A. Furnish other instrumentation required to have a complete, operating system
as described in this document. These items may include gages, switches and
sensors, etc. These items should be of high quality, suitable for continuous,
low-maintenance operation in a damp, cold, industrial environment. The
previous list of manufacturers/models is intended to provide a benchmark
standard of quality. Equal products will be accepted.
3 PART 3 EXECUTION
3.01 ELECTRICAL POWER AND SIGNAL WIRING
A. Restrain control and signal wiring in control panels by plastic ties or ducts.
Secure hinge wiring at each end so bending or twisting will occur around the
longitudinal axis of wire. Protect bend area with a sleeve.
B. Arrange wiring neatly, cut to proper length, and remove surplus wire. Install
abrasion protection for wire bundles passing through holes or across edges of
sheet metal.
C. Use manufacturer’s recommended tool with sized anvil for crimp
terminations. No more than one wire may be terminated in a single crimp lug.
No more than two lugs may be installed on a single screw terminal.
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D. Do not splice or tap wiring except at device terminals or terminal blocks.
3.02 PROTECTION
A. Protect enclosures and other equipment containing electrical, instrumentation
and control devices, including spare parts, from corrosion through the use of
corrosion-inhibiting vapor capsules.
B. During Work, periodically replace capsules in accordance with capsule
manufacturer’s recommendations. Replace capsules at Substantial
Completion.
3.03 FIELD QUALITY CONTROL
A. Operational Readiness Tests (ORTs): Prior to startup test period and PAT for
each facility, inspect, test, and document that the equipment is ready for
operation. Break the ORT into two parts.
1. ORT Part 1: Performed by General Contractor (GC) to test and
document that all equipment and instruments are installed and wired
correctly.
a. Loop/Component Inspections and Tests:
1) Check for proper installation, calibration, and adjustment on
a loop-by-loop and component-by-component basis.
2) Provide forms for signoff by GC and Seller.
3) Use loop status report to organize and track inspection,
adjustment, and calibration of each loop and include the
following:
a) Project name.
b) Loop number.
c) Tag number for each component.
d) Checkoffs/Signoffs for Each Component:
(1) Tag/identification.
(2) Installation.
(3) Termination wiring.
(4) Termination tubing.
(5) Calibration/adjustment.
e) Checkoffs/Signoffs for the Loop:
(1) Panel interface terminations.
(2) I/O interface terminations with PLCs.
f) I/O Signals for PLCs are Operational: Received/sent,
processed, adjusted.
g) Total loop operational.
h) Space for comments.
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4) Component calibration sheet for each active instrument
component (except simple hand switches, lights, gauges,
and similar items) and include the following:
a) Project name.
b) Loop number.
c) Component tag number or I/O module number.
d) Component code number for IPS elements.
e) Manufacturer for instrument elements.
f) Model number/serial number for instrument elements.
g) Summary of Functional Requirements, for Example:
(1) Transmitters/converters, input and output
ranges.
(2) Switching elements, unit range, differential
(fixed/adjustable), reset (auto/manual).
h) Calibrations, for Example, but not Limited to:
(1) Analog Devices: Actual inputs and outputs at 0,
10, 50, and 100 percent of span, rising and
falling.
(2) Discrete Devices: Actual trip points and reset
points.
i) Space for comments.
5) Maintain loop status reports, valve adjustment sheets, and
component calibration sheets at site and make them
available to ENGINEER at all time.
6) These inspections and tests do not require witnessing.
7) ENGINEER reviews loop status sheets and component
calibration sheets and spot-check their entries periodically,
and upon completion of ORT. Correct deficiencies found.
b. ORT Forms: Example ORT forms referenced in
Article Supplements.
2. ORT Part 2: Combined effort between GC, ENGINEER, and Seller to
confirm that the entire control system, including applications software,
is ready for operation.
a. Prerequisite: Completion of ORT Part 1.
b. Joint test using real field sensors and equipment. Plant
interlocking and communications with PLCs and SCADA tested
on loop-by-loop basis.
c. Test procedures provided by Seller based on SCADA/PLC tag
database. All control functions for each control loop to be tested
and signed off by ENGINEER and Seller.
B. Performance Acceptance Tests (PAT):
1. Once the facility’s ORT has been completed and that facility has been
started up, perform jointly with OWNER and ENGINEER a PAT on the
associated equipment to demonstrate that it is operating as required by
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the Contract Documents. Demonstrate each required function on a
paragraph-by-paragraph, loop-by-loop, and site-by-site basis.
2. Loop-specific and non-loop-specific tests same as required for ORT 2
except that entire installed control system tested using actual process
variables and all functions demonstrated.
3. Perform local and manual tests for each loop before proceeding to
remote and automatic modes.
4. Where possible, verify test results using visual confirmation of process
equipment and actual process variable. Unless otherwise directed,
exercise and observe devices supplied by others, as needed to verify
correct signals to and from such devices and to confirm overall system
functionality. Test verification by means of disconnecting wires or
measuring signal levels is acceptable only where direct operation of
plant equipment is not possible.
5. Make updated versions of documentation required for PAT available to
ENGINEER at site, both before and during tests.
6. Make one copy of all O&M manuals available to ENGINEER at the site
both before and during testing.
END OF SECTION
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SECTION 46 53 49
MBR SYSTEM
1 PART 1 GENERAL
1.01 SUMMARY
A. This section provides a description of the goods to be furnished under this
Contract by the SELLER for a membrane bioreactor system for the
Centreville Wastewater Treatment Plant, and shall include the following:
1. Filtration membrane units
2. RAS pumps
3. Membrane air scour blowers
4. Permeate pumps
5. Air extraction system (if required)
6. High pressure compressed air (if required)
7. Membrane chemical cleaning systems (pumps, piping, valves, instr.)
8. Membrane integrity test system
9. Piping, valves and ancillaries integral to the MBR system
10. Instrumentation as specified herein
11. Control system as specified herein
12. Items not specifically listed but required for a properly operating system
13. Services related to testing, installation, commissioning and startup
14. Spare parts as specified herein
15. Warranties as specified herein
B. Refer to Spec. Section 00 13 01, Administrative Requirements, for submittal
requirements and procedures to be provided under this Contract by the
SELLER.
C. Refer to Spec. Section 00 16 01, Product Requirements for a listing of the
specifications applicable to equipment provided under this Contract by the
SELLER.
D. Refer to Spec. Section 00 17 01, Special Services, for a listing of the services
to be provided under this Contract by the SELLER.
1.02 DEFINITIONS
A. Net Flow: Equals the net flow rate of treated effluent (permeate), in million
gallons per day (mgd), over a 24-hour period of continuous operation,
calculated as flow produced minus backwash and cleaning water, and
accounting for periods of relaxation, backwashing, and cleaning.
B. Production Capacity: Equivalent to “net flow.”
C. Design Flow: Equivalent to “net flow.”
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D. Net Flux Rate: Equals the total amount of permeate produced by the
membrane system over a representative period that is available for
downstream discharge (after deduction of backwash and cleaning water)
divided by the total membrane outside surface area in square feet. Units of
“net flux rate” are gallons per square foot per day (gfd). Representative time
period includes relaxation, backpulsing, chemical cleaning, etc., as
appropriate for flow duration being considered.
E. Instantaneous Flux Rate: Equals the permeate flow rate, in gallons per day,
produced during the service cycle divided by the total membrane outside
surface area in square feet. Service cycle is defined as the period of
continuous permeation between the membrane relaxation, backwash or
backpulse, where the SELLER’s equipment uses relaxation or
backwash/backpulse as a permeability maintenance method. Units of
“Instantaneous Flux Rate” are gallons per square foot per day (gfd).
F. Transmembrane Pressure (TMP): The pressure differential across the
membrane. TMP shall be adjusted for losses from membrane discharge to
pressure gauge. Units of TMP are pounds per square inch (psi).
G. Permeability: Equals the instantaneous flux rate divided by the TMP. The
units of permeability are gfd/psi.
H. Temperature Corrected Permeability: Equals permeability multiplied by
SELLER’s temperature correction factor (TCF) expressed in the following
form:
P = P x TCF (20-t)
20 t
Where:
P = permeability at 20 degrees Celsius (C)
20
P = permeability at measured temperature in degrees C
t
Unless otherwise provided by SELLER, TCF shall be assumed as 1.024.
I. Backwash or Backpulse: Any routine instance a membrane train is taken
offline and water, and/or chemical solution is pumped through the membranes
in the reverse direction of the permeate flow.
J. Relaxation: Any routine instance a membrane train is taken offline by
temporarily stopping the permeate pump.
K. Maintenance Clean: Any routine instance a membrane train is taken offline
for application of a chemical solution that is not considered part of the normal
backwash cycle or recovery clean.
L. Recovery Clean: Any non-routine procedure occurring more than once per
month, manual, automated or semi-automated, that uses one or more cleaning
chemicals to reverse the effects of membrane fouling. This involves isolating
a membrane train and filling membrane tank or permeate side of membrane
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unit fully or partially with cleaning chemicals. The membranes/process
components are soaked for a period of time then the spent chemical solution is
removed from the train. This process may also be termed “clean-in-place
(CIP).”
M. Days: Defined as calendar days.
N. Small Membrane Subunit: Basic unit of membrane production. The small
membrane subunit is the smallest assembled unit of a delivered system that is
designed to be removed from a large membrane subunit and replaced as a
complete unit. Depending on the SELLER, this may be a single assemblage of
fibers in a common potting or flat sheets attached to a support structure and
may be referred to as a “module,” “cartridge,” or other terms.
O. Large Membrane Subunit: A group of small membrane subunits sharing a
common air and permeate connection. Depending on the SELLER, this may
be referred to as a “cassette,” “rack,” “unit” or by other terms.
P. Membrane Train: One of multiple functional units of the membrane filtration
system that operated in parallel and distinctly from other membrane trains,
and that includes: a grouping of large membrane subunits located in a single
concrete tank, one or more common permeate header and pumps, one PLC,
and a common air supply header. The train operates as a single entity for
backwashing/backpulsing, relaxing, maintenance cleaning, or recovery
cleaning.
Q. Membrane Basin: A grouping of all membrane trains.
1.03 WORK BY OTHERS
A. The following items are supplied by others:
1. Structural:
a. Building(s) for housing membrane equipment.
b. Concrete tankage for membrane trains.
c. Imbedded wall spools in concrete tank walls for the various
process pipe connections.
d. Covers or grating over membrane trains, including support of
covers/grating.
e. Equipment access platforms, walkways, stairs, etc.
f. Protective coatings for concrete.
g. Anchor bolts for membrane equipment.
2. Mechanical:
a. Permeate piping past the edge of the membrane basin.
b. Air piping past the edge of the membrane basin.
c. All pipe supports and hangers.
d. Hoist equipment above the membrane basin for installation and
removal of the membrane subunits.
e. Single connection points, unless otherwise noted, for each
membrane train for the following:
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1) Permeate header
2) Air scour header
3) Backwash and cleaning solution supply water
4) Mixed liquor header
f. Membrane tank drain piping, valves, operators, and pumps, if
required.
g. Installation materials for instrumentation and automatic valves
including, but not limited to, air and sample line tubing, fittings,
and mountings.
h. Internal/nitrate recirculation pumps.
i. Bulk chemical storage tanks.
j. Backwash tanks (including backpulse, and clean-in-place tank(s)
if required)
k. Gates or valves and control elements for mixed liquor influent and
effluent.
l. Variable frequency drives (VFDs).
m. Grit removal, screening, and fine screening (per SELLER’s
recommendation) of influent wastewater
3. Electrical:
a. Electrical wiring interconnections (including wiring, conduit and
other appurtenances required to provide power connections as
needed) from the electrical power source to the membrane PLC
control panel(s).
b. Electrical wiring interconnections (including wiring, conduit and
other appurtenances required to provide power connections as
needed) from MCC to the membrane system equipment.
c. Instrumentation wiring, conduit and other appurtenances required
to provide connections as needed between the terminal boxes at
the membrane equipment and the membrane PLC control panel.
d. Motor control centers, adjustable speed drives, panel boards,
transformers, and other equipment necessary to provide power
distribution and control for all equipment.
e. Ethernet communications connection to the OWNER’s SCADA
system and between train PLCs and master PLCs.
4. Other:
a. Receiving, unloading and safe storage of equipment at site or a
storage facility until ready for installation.
b. Equipment installation.
c. Raw materials, chemicals and utilities during equipment testing.
d. Laboratory services, operating and maintenance personnel during
equipment checkout, startup and operations.
e. Onsite painting or touch-up painting of membrane equipment,
with the exception of painting required due to damage incurred
prior to equipment being received onsite.
1.04 WARRANTY
A. SELLER shall warranty and replace the membranes under warranty for a
period of 2 years. The warranty shall not be pro-rated. All warrantee and
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support shall be provided directly by the SELLER and not the local
representative.
B. SELLER shall warrant small membrane subunits under the following terms:
1. SELLER shall repair, replace, or add at no cost to the OWNER, any
small membrane subunits that fail before 2 years from the date of
successful completion of the performance test. Testing and warranty
will be applied to each train and each large subunit.
2. Failure is defined as the inability of membrane to meet production
capacity, water quality, or cleaning requirements, as specified herein as
performance requirements.
3. SELLER shall further warranty all actuated valves for a minimum
period of 2 years. The warranty shall not be prorated.
4. If SELLER is unable to modify the system through addition of
membrane subunits and cannot satisfy requirements of performance test,
or if system fails to meet specified performance criteria during 5 years
following the date of successful completion of the performance test,
SELLER shall be responsible for complete removal of nonconforming
system and subsequent installation of membrane products that are
capable of meeting specified performance conditions.
5. SELLER shall have up to 30 days from the date a membrane failure is
proven to bring membranes into compliance with performance
requirements.
C. SELLER shall warranty all other equipment, not specifically mentioned
above, against defects in workmanship and materials for a period of 1 year.
The warranty period shall begin following completion of the performance test
as specified herein.
D. SELLER shall make all repairs or replacements necessitated by defects in
materials or workmanship that become evident within the warranty period.
E. SELLER also agrees to hold the OWNER harmless from liability of any kind
arising from damage due to said defects. SELLER shall make all repairs and
replacements promptly upon receipt of written orders for same from OWNER.
If within 10 days after OWNER has notified SELLER of a defect, SELLER
has not started to make the necessary corrections, OWNER is hereby
authorized to make the corrections or to order the Work to be done by a third
part, and the cost of the corrections shall be paid by SELLER.
F. Repetitive malfunction of material and equipment shall be cause for
equipment replacement and an extension of the warranty period to a date of
1 year following acceptable replacement by OWNER, or the original warranty
period, whichever is later.
G. Replacement units’ warranty shall carry the remaining portion of the warranty
of the units being replaced, shall be effective at the time of delivery to and
acceptance by the OWNER, and shall have the same terms and conditions as
provided for units originally supplied under the Contract.
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1.05 SPARE PARTS AND SPECIAL TOOLS
A. Provide the following spare parts, at a minimum, in addition to manufacturer’s
standard spare parts and recommended special tools:
1. One spare set of expendable material such as gaskets, seals, packing,
belts, and filter cartridges
2. One set of new and unused special tools required for installation,
operation, and maintenance.
3. One repair kit for sealing off damaged membrane fibers or sheets within
the small membrane subunit.
4. All jigs, fixtures, clamps, lifting beams, hooks, and other instruments
required facilitating the removal, disassembly, reassembly, and
installation of each item of equipment within the system.
5. Reagents/chemicals, calibration sets, and spare parts as specified for
individual equipment items or instruments.
6. Spare parts for instruments, PLC hardware and control devices as
specified in Spec. Section 40 61 00, Package Process Control
Requirements.
7. One shelf spare of permeate pumps
8. One installed spare for each size of backwash pumps
9. One shelf spare for each type of meter, pressure gauge, pressure
differential transmitter, valve, and actuator supplied under this Contract.
B. Provide recommendations for spare parts and materials for the first 12 months
of system operation.
C. Guarantee availability of manufacturer’s standard spare parts, those required
above, and recommended special tools for a period no less than 20 years.
2 PART 2 PRODUCTS
2.01 GENERAL
A. Membrane equipment shall be provided complete, with all necessary
components, accessories and appurtenances required to make a complete and
operable system. Interconnecting piping between membrane trains and
ancillary systems, including air scour blowers, shall be provided by others.
B. Membrane subunits and equipment shall be prefabricated, preassembled, and
factory tested before shipment to the site.
C. SELLER shall provide the equipment as described in these Specifications:
1. Equipment shall be new and unused and shall be SELLER’s most
current product line at the time of product submittal.
2. Equipment shall be designed to use latest generation membrane subunits
having greater membrane area or improved performance characteristics.
3. Equipment shall be furnished as much as possible as a complete and
operable system including all piping and valves.
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4. Equipment shall fully comply with OSHA standards.
D. All components of the membrane equipment system shall be fully automated
as the system will be unstaffed for the majority of time. Recovery cleaning
operations shall be automated, but may be operator initiated.
2.02 SERVICE CONDITIONS
A. Centreville Wastewater Treatment Plant will provide biological treatment for
medium strength municipal wastewater.
B. Liquid treatment processes upstream of the MBR system include: coarse
screening, grit removal, and fine screening (per Supplier’s recommendation).
Two parallel Biological Reactor Basins (BRBs) with anaerobic, aerobic and
anoxic biological treatment will be provided upstream of the membrane
equipment system, and furnished by others. The two BRBs have a combined
volume of 0.80 MG exclusive of the membrane cassette basins.
C. The membrane equipment system will provide filtration for mixed liquor from
the biological wastewater treatment process.
D. The membrane equipment system requirements specified herein shall be met
when the characteristics in the membrane tanks comply with the following:
1. Wastewater temperature: minimum of 50 degrees F and maximum of 80
degrees F.
2. Design maximum MLSS concentrations in the membrane basins shall
be:
1) MLSS= 8,000-10,000 mg/L
3. Maximum RAS= 6 MGD
E. The biological treatment process will be designed by others to maintain
biological nitrification, and denitrification, to achieve monthly average
effluent ammonia nitrogen of less than 0.5 mg/L, and total nitrogen of less
than 3 mg/L.
F. Polyaluiminum chloride, ferric chloride or alum may be added to the mixed
liquor, upstream of the membrane basin, to meet a discharge limit of 0.15 mg-
TP/L. Polyaluminum chloride is the preferred chemical.
G. Raw wastewater flow to the Centreville Wastewater Treatment Facility will
follow normal diurnal wastewater flow patterns. Diurnal flow variations
greater than the peak day flow (PDF) will be equalized with reasonable
tolerance upstream of biological treatment process.
H. Membrane Basin Configuration:
1. One (1) membrane tank with a minimum of three (3) membrane cassette
basins will be constructed by others to hold the membrane cassettes.
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2. It is intended that all membrane cassettes will be in service under
normal operating conditions; however, the membrane equipment system
shall be capable of meeting all performance requirements stated herein
and under average design conditions with one membrane cassette basin
tank out of service.
3. Each membrane train will be equipped with a designated permeate
pump.
I. Permeate from the membrane filtration system will be conveyed to UV
disinfection units.
2.03 PERFORMANCE REQUIREMENTS
A. Design Production Capacity:
Parameter Duration Value
Annual average day flow (AADF) - 1.0mgd
30 consecutive
Peak month flow (PMF) 1.4 mgd
days
72 consecutive
Peak day flow (PDF) 2.0 mgd
hours
B. Membrane Permeate Quality:
1. Membrane permeate shall be capable of meeting the following
requirements upon sampling, which may occur at any time:
a. Turbidity: Less than or equal to 0.2 NTU on 9 of 10 consecutive
samples and no sample shall exceed 0.5 NTU.
b. Total Suspended Solids (TSS): Less than or equal to 1 mg/L on
9 of 10 consecutive samples and no sample shall exceed 2 mg/L.
C. Membrane Cleaning:
1. Membrane subunits shall be cleaned in place using backwash, chemical
solutions or relaxation to meet production capacity and other
performance requirements specified herein.
2. Maintenance cleans shall not be performed more frequently than once
every 4 days.
3. Recovery cleans shall not be performed more frequently than once every
90 days.
D. Supplied membrane equipment system shall meet design production capacity
and membrane permeate quality with one membrane cassette out of service,
and when the water temperature is equal or higher than 10 degrees Celsius.
E. The SELLER shall determine the required membrane surface area to meet the
performance requirements and the warranty provisions, and size the
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membrane basin. The BUYER may elect to provide additional volume in the
tank for its own use. If the SELLER, during the course of design, initial
operation, warrantee period, or during the course of repair and replacement
contract, determines that additional volume is required, SELLER shall
remedy.
F. Design production capacity shall be based on permeate production, verified by
the OWNER and the ENGINEER, during the performance test and
commissioning, and during the subsequent 2-year membrane guarantee and
warranty period. Compliance is required for each membrane train. The
SELLER, at no cost to the OWNER, is responsible for modifying the system
during startup and within 2-year warranty period to achieve design production
capacity if testing of membrane system fails to meet the design production
capacity.
G. Polymer Addition: SELLER shall not be permitted to add polymer to increase
operating flux or any other performance improvements.
2.04 FILTRATION MEMBRANE UNITS
A. Membrane Material:
1. Use hollow-fibers or flat sheets having a nominal pore size of
0.1 microns or less.
2. Flow from the outside to the inside of the fiber or sheet.
3. Membranes shall be constructed of chemically resistant materials as
required for stipulated range of operating and maintenance conditions.
Membranes shall be capable of being washed in high chlorine solutions
(minimum 1,000 mg/L), and low pH (range 2 to 3) and high pH wash
solutions (range 10 to 11).
4. Membranes shall be physically strong enough to withstand the operating
conditions associated with continuous operation in an aerated tank of
mixed liquor at concentrations of up to 15,000 mg/L.
5. For systems which use backpulsing, membranes shall be able to
withstand backwash flow (from inside to outside) as proposed by
SELLER, without any indication of damage.
B. Small Membrane Subunits:
1. The membranes shall be assembled into a housing called a small
membrane subunit.
2. The small membrane subunit shall be constructed such that the
membranes are held vertically and bonded firmly at the top and/or
bottom of the subunit.
3. For hollow-fiber type membranes, the internal lumens of the membrane
fibers shall connect into a common area at the top and/or bottom of each
small subunit.
4. The materials used to hold the membrane fibers in place shall be
chemical resistant to high concentrations of chlorine (minimum
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46 53 49 - 9 MBR SYSTEM

1,000 mg/L), and low pH (range 2 to 3) and high pH wash solutions
(range 10 to 11).
5. The top and bottom sections of the small membrane subunit shall be
connected with corrosion resistant materials and allow permeate to be
withdrawn from one or both ends of each small membrane subunit.
6. The base of each small membrane subunit shall contain diffusers to
allow compressed air to escape and travel upwards past and between the
membrane fibers creating an agitation effect.
7. All non-steel components of the small membrane subunits shall be UV
resistant and have a chemical resistance at least equal to that of the
membranes.
C. Large Membrane Subunit:
1. The small membrane subunits shall be assembled into large membrane
subunits.
2. Each large membrane subunit shall be supported within a frame
manufactured of Type 316L stainless steel.
3. A complete support system for installation in concrete basin, consisting
of beams, frames, and brackets shall be provided. Anchor bolts shall be
furnished by others.
4. Isolation valves shall be provided by SELLER on permeate and air
scour, and any other process piping within limits of membrane basin to
provide means of isolating and removing individual large membrane
subunits from the remainder of system, without draining the train, and to
enable the system to produce permeate with one or more large subunits
out of service.
5. Each frame shall be fitted with two lifting eyes (one at each end) to
allow the entire large membrane subunit to be lifted into and out of the
membrane train and transported away.
6. All fasteners, including nuts, bolts, screws, cables, washers, mounting
brackets, and other appurtenances, associated with the large membrane
subunit and housing shall be manufactured from Type 316 stainless
steel.
2.05 RAS PUMPS
A. SELLER shall furnish a total number of RAS pumps complete with motors.
B. Quantity: Minimum Three (3) duty pumps, and one (1) installed standby, all
the same size.
C. Rated Capacity: Rated capacity shall be minimum 6 MGD firm capacity with
one (1) unit on standby.
D. Design Capacity:
1. All RAS pumps, including the standby pump, shall be of the same make
and model and be functionally identical.
2. Pumps shall be designed to meet the following requirements:
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a. Maximum pump speed shall not exceed 1,800 rpm.
b. Pumps shall utilize variable speed through a variable frequency
drive (VFD).
c. Head: Pumps shall be designed to deliver the required flow at a
sufficient pressure to overcome static and frication losses.
d. SELLER shall coordinate with ENGINEER during membrane
filtration system design to obtain hydraulic design data prior to
final pump selection. System losses will be confirmed as design
progresses.
E. Motor Data:
1. Provide AC induction motors as specified herein.
2. Motor shall be continuous duty, inverter duty rated, and suitable for use
with an adjustable frequency drive.
3. Adjustable frequency drives will be provided by the Construction
Contractor. SELLER shall coordinate motor design with Construction
Contractor’s adjustable frequency design prior to final motor selection.
4. Motor nameplate rating shall not be exceeded at any head-capacity point
on the pump curve.
F. Testing:
1. Factory Testing: Perform manufacturer’s standard factory test.
Dynamically balance rotating parts and driving assembly. Vibration
limits of driving unit alone shall be less than 80 percent of NEMA
MG 1 limits. Limits of complete rotating assembly shall be less than
3 mils. Perform factory test on each pump under simulated operating
conditions using clear water for a continuous 3-hour period without
malfunction. Adjust, realign, or modify units and retest if necessary.
Pump casing shall be hydrostatically tested at 150 percent of shutoff
head for a minimum of 5 minutes.
2. Field Testing:
a. Pumps shall be installed and field functional tested by the
Construction Contractor.
b. Subsequent to successful field functional testing by Others,
SELLER shall perform a performance test on each pump under
simulated operating conditions using clear water, for a continuous
3-hour period, without malfunction.
2.06 MEMBRANE AIR SCOUR BLOWERS
A. SELLER shall furnish a total number of identical positive displacement type
air scour blowers complete with motors.
B. Quantity: Minimum Two (2) duty process air blowers, and one (1) installed
standby.
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C. Motor Data:
1. Provide AC induction motors as specified herein.
2. Motor shall be continuous duty, inverter duty rated, and suitable for use
with an adjustable frequency drive.
3. Adjustable frequency drives will be provided by the Construction
Contractor. SELLER shall coordinate motor design with Construction
Contractor’s adjustable frequency design prior to final motor selection.
4. Motor nameplate rating shall not be exceeded at any head-capacity point
on the pump curve.
D. Testing:
1. Factory Testing: Perform manufacturer’s standard factory test.
Dynamically balance rotating parts and driving assembly. Adjust,
realign, or modify units and retest if necessary. Blower shall be
hydrostatically tested at 150 percent of design maximum pressure for a
minimum of 5 minutes.
2. Field Testing:
a. Blowers shall be installed and field functional tested by the
Construction Contractor.
b. Subsequent to successful field functional testing by Others,
SELLER shall perform a performance test on each blower under
simulated operating conditions using clear water, for a continuous
3-hour period, without malfunction.
2.07 PERMEATE PUMPS
A. SELLER shall furnish a total number of identical positive displacement lobe
membrane permeate pumps complete with motors and variable frequency
drives (VFD).
B. Quantity: Three (3) duty permeate pumps, one (1) installed standby.
C. Rated Capacity: Rated capacity shall be based on pumping maximum day
flow, with each permeate pump capable of one third of the flow.
D. Design Capacity:
1. All membrane permeate pumps, including the standby pump, shall be of
the same make and model and be functionally identical.
2. Pumps shall be designed to meet the following requirements:
a. Maximum pump speed shall not exceed 600 rpm.
b. Flow: With all duty pumps in-service (i.e., one pump out of
service), at 100 percent speed, the pumps shall be designed to
provide 1.25 times the membrane filtration system basis of design
capacity. For example, if the membrane train is designed to
produce a peak flow of 1 mgd of permeate at 10 degrees C, the
membrane permeate pumps shall be designed to provide 1.25 mgd
of flow at 100 percent speed.
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46 53 49 - 12 MBR SYSTEM

c. Head: Pumps shall be designed to deliver the required flow at a
sufficient pressure to overcome the terminal trans-membrane
pressure, and system losses between the membrane basin and the
post-aeration structure.
d. SELLER shall coordinate with ENGINEER during membrane
filtration system design to obtain hydraulic design data prior to
final pump selection. System losses will be confirmed as design
progresses.
E. Motor Data:
1. Provide AC induction motors as specified herein.
2. Motor shall be continuous duty, inverter duty rated, and suitable for use
with an adjustable frequency drive.
3. Adjustable frequency drives will be provided by the Construction
Contractor. SELLER shall coordinate motor design with Construction
Contractor’s adjustable frequency design prior to final motor selection.
4. Motor nameplate rating shall not be exceeded at any head-capacity point
on the pump curve.
F. Testing:
1. Factory Testing: Perform manufacturer’s standard factory test.
Dynamically balance rotating parts and driving assembly. Vibration
limits of driving unit alone shall be less than 80 percent of NEMA
MG 1 limits. Limits of complete rotating assembly shall be less than
3 mils. Perform factory test on each pump under simulated operating
conditions using clear water for a continuous 3-hour period without
malfunction. Adjust, realign, or modify units and retest if necessary.
Pump casing shall be hydrostatically tested at 150 percent of shutoff
head for a minimum of 5 minutes.
2. Field Testing:
a. Pumps shall be installed and field functional tested by the
Construction Contractor.
b. Subsequent to successful field functional testing by Others,
SELLER shall perform a performance test on each pump under
simulated operating conditions using clear water, for a continuous
3-hour period, without malfunction.
2.08 AIR EXTRACTION SYSTEM (IF REQUIRED)
A. An air extraction system shall be provided to remove air bubbles generated
during the permeate extraction process.
B. The system shall consist of vertically or horizontal oriented air separation
columns with level sensors, eductors, and air relief valves and/or control
valves (all supplied by SELLER).
C. Air Separation Column:
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1. SELLER will size column to provide adequate residence time to ensure
satisfactory air removal from the permeate.
2. Column shall be Type 316 stainless steel.
3. Provide one column per membrane train.
D. The air outlet of the air separation column eductors and/or control valves shall
be connected to a drain with piping provided by others.
E. Each air separation column shall be equipped with a level sensor. Apart from
normal operating control loops, the level sensor will include a Level-Alarm-
Low level. Should the liquid level in the vessel drop to this level, an alarm
will be generated.
2.09 HIGH PRESSURE COMPRESSED AIR SYSTEM (IF REQUIRED)
A. Compressed air system: Instrument-quality air with integrated rotary screw air
compressor package with integral refrigerated dryer as a complete and
functional package to include rotary screw compressor, motor, motor starter,
refrigerated dryer, sound enclosure, solid state control panel, and associated
cooling systems, filters, valves, etc.
B. Rated Capacity and Working Pressure: In accordance with membrane
filtration system requirements.
C. Rotary Screw Compressor
1. Quantity: One duplex system.
2. Performance Requirements: Rated capacity and working pressure in
accordance with membrane manufacturer requirements.
3. Construction:
a. Steel baseplate mounted unit; heavy-duty rotary screw compressor
b. Air intake filter: one-micron coelescer filter to remove solids and
liquids 1 micron and larger in air stream.
c. Fine coelescer filter to remove solids and liquids 0.01 micron and
larger in air stream.
d. Oil separator element; after-cooler; air-to-air heat exchanger;
water separator with drain; oil reservoir and cooler; thermostatic
bypass valve; oil filter.
e. Refrigerant compressor and condenser.
f. Integrated microprocessor-based control panel designed to
monitor and control compressor package operating parameters.
Control panel to incorporate energy savings control modes of
operation.
g. Completely removable sound enclosure with hinged access doors
for easy access to maintenance points; maximum sound level
78 dB(A), maximum, at 3 feet.
h. Motor: 460 volts, three-phase, 60 Hz, ODP, 1.15 safety factor.
4. Controls:
a. ON/OFF cyclic operation.
b. Automatic low oil pressure switch.
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c. Enclosure: NEMA 250, Type 12 panel for indoor installation to
house complete control system including:
1) Control power transformer, 120 volts.
2) Pressure switches for automatic start, stop, and unloading.
3) Relays.
4) Combination motor starter with overload protection.
d. Operator Controls and Indicators: Digital display with LED
indicators and sealed keypad/pushbuttons:
1) Controls: RUN/STOP, RESET, EMERGENCY STOP.
2) Setup: Adjustable set points and time delays.
3) Indicators: Pressure, running hour meter, alarm condition,
power ON.
e. Operation: Automatic start and stop with time-delayed unloaded
operation.
f. Control Panel: Mount in accessible location on receiver.
g. Prewired control components.
h. Power Outage Restart: Following power outage, compressor is
restored to operating condition at time of outage. No manual reset
required.
i. Power Supply: 460 volts, 60 Hz, three-phase.
D. OSHA Lockout Valves: Provide OSHA lockout valves with 3/4-inch NPT
inlet and outlet and NPT air exhaust port. Valves to vent downstream air
pressure when closed. Valves rated 200 psig, minimum. Provide each valve
with a 20 to 25 dB silencer. Lockout valves to be ROSS Manual L-O-X valve
with muff-air silencer or Parker LV Series.
E. Receiver:
1. 50-gallon welded steel receiver bearing ASME code stamp and with
inspection openings.
2. Working Pressure: 200 psig, minimum.
3. Quantity: One (1).
4. Safety relief valve set for 180 psig.
5. Epoxy-lined interior surfaces and powder coated exterior.
6. Electric automatic condensate drain valve and isolation ball valve,
Hankison, or equal.
F. Dessicant Air Dryer:
1. Quantity: Defined by SELLER, plus one installed spare of equal
capacity
2. Heatless, dessicant type air dryer, dual-tower.
3. Compressed air pressure dew point of minus 40 degrees F.
4. Sized for full compressor rated capacity and working pressure.
5. Ingersoll-Rand TZM Series, or equal.
2.10 CLEANING SYSTEMS
A. Air Scour System:
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1. Blowers, which provide airflow to scour the membranes for control of
fouling and to assist in keeping the mixed liquor in a membrane basin in
suspension, shall be provided by the SELLER.
2. Air cycling valves and actuators, if required for control and operation of
the air scour to each membrane subunit, shall be provided by the
SELLER.
3. Provide air distribution header(s) and diffusers for each membrane train
within limits of the membrane basin.
4. Provide information via signal to PLC system by others regarding the
quantity of scour air required at any given time.
B. Backwash or Backpulse System (if required):
1. Provide backwash pumps, isolation valves, check valves, chemical
injection connection and mixing systems, flow meters, instrumentation
and controls, and other components to provide an automated backwash
system.
2. Backwash pumps shall be identical to the permeate pumps with respect
to construction, motor data, and testing requirements
3. Provide one installed spare pump for each per backwash pump size
4. Backwash water source shall be the membrane permeate
5. Initiation of backwash, and all functions of backwash system shall be
automatically controlled by the SELLERs PLCs. Backwash shall be
automatically initiated based on time or TMP. System shall also allow
operator to initiate a backwash manually.
6. SELLER’s PLCs shall provide a signal to the OWNER’s SCADA
system to record the time and duration of each backwash.
C. Maintenance and Recovery Cleaning Systems:
1. Provide maintenance and recovery cleaning pumps, chemical metering
pumps (1 duty and 1 standby for each chemical system), isolation
valves, check valves, chemical injection connection and mixing
systems, flow meters, instrumentation and controls, and other
components to provide an automated maintenance and recovery
cleanings.
2. Cleaning system water source shall be the membrane permeate
produced by the membrane filtration system.
3. Cleaning systems’ pumps shall be identical to the permeate pumps with
respect to construction, motor and testing requirements.
4. Chemical metering pumps shall be controlled by SELLER as part of
their PLC.
5. SELLER’s PLC shall send control signals to PLC system by others for
control of drain valves, plant water valves (to fill membrane trains), and
drain pumps furnished by others.
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2.11 MEMBRANE INTEGRITY TEST (MIT) SYSTEM
A. Provide a membrane integrity testing system per membrane train that allows
the detection and isolation of defective membranes.
B. Membrane integrity test system shall be suitable to satisfy local state
permitting requirements in addition to California’s Title 22 requirements for
the proposed membrane equipment system.
C. Membrane integrity test system is intended to be used for locating a loss of
integrity such as indicated by a high permeate turbidity reading. It is not
intended that an automated offline operation be performed.
2.12 PIPING
A. SELLER shall provide pipe within limits of the membrane basin, including
permeate headers, mixed liquor feed air headers, and any other piping
required to connect the large membrane subunits to the headers.
B. Each membrane train shall have a suction header for permeate collection. The
header shall have a connection for a pressure gauge at each end.
C. All large membrane subunits in a membrane train shall be connected to the
suction header.
D. The pipe connections between the large membrane subunits and the manifold
header pipe work shall be capable of operating at the positive and negative
pressures expected for this system.
E. SELLER’s scope of piping and valve supply shall be within the limits of the
membrane basin.
F. SELLER shall provide all valves required on permeate and air headers and on
piping used to connect large membrane subunits to the headers.
G. Terminal point connections shall be ANSI standard flanges.
H. Piping shall be designed for the maximum-day flow rates achieved with all
large membrane subunits in service at 20 degrees C and Piping shall be sized
to limit maximum flow velocities to 8 feet per second (fps). If unable to meet
8 fps flow criteria, SELLER shall indicate and describe locations where
velocities are greater than 8 fps.
I. Install true union fittings where future disconnection may be required.
J. Provide stainless steel piping for exposed process air and permeate lines.
K. Provide stainless steel piping for process air and permeate lines below the
membrane train liquid surface.
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L. Stainless steel piping 2-inches and smaller shall be 40S, ASTM A312/A312M,
Type 316L, pickled or passivated, with threaded or flanged joints. Stainless
steel piping 2 1/2-inches and larger shall be 10S, ASTM A778, “as welded”
grade Type 316L, with butt-welded or flanged joints.
M. PVC pipe shall be Schedule 80 PVC, Grade I or Class 12454-B conforming to
ASTM D1784 and ASTM D1785 with titanium dioxide added for UV
protection.
N. Gaskets in water lines shall be 1/8-inch thick, red rubber (SBR) hardness 80
(Shore A) rated to 200 degrees-F. Gaskets in hot air lines shall be 1/8-inch
thick, EPDM, hardness 60 (Shore A) rated to 300 degrees-F.
2.13 MANUAL AND ACTUATED VALVES
A. The SELLER shall provide all valves required for membrane equipment
system operation and control and for isolation of individual membrane system
components.
B. SELLER shall provide all valves required on permeate and air headers.
C. Provide valves suitable for intended service and relevant chemical exposure.
D. Provide valves to isolate each large membrane subunit.
E. Valve types:
1. Ball Valve, Type V302, 1/8-inch to ¾-inch for Instrument Air Shutoff:
one-piece stainless steel body valve, nylon handle; Swagelock 40 Series
2. Ball Valves, Type V307, 2 Inches and Smaller: three-piece, stainless
steel full port, Type 316 stainless steel ball, threaded ends, reinforced
PTFE seals, body seal and steam packing, blowout-proof stainless steel
stem, stainless steel lever with vinyl grip, rated 1,000-pound WOG, 150
psi; Milwaukee 30 Series, Conbranco Apollo 86-500 Series
3. Butterfly Valve, Type V510 Lug Style Butterfly Valve for Permeate,
Backpulse and Agitation/Aeration Air): stainless steel body, discs and
one-piece stem, self lubricating sleeve type bushing, EPDM replaceable
seat suitable for operating temperatures up to 250 degrees F, 150 psi
working pressure, bubble tight at 50 psi differential pressure, body to fit
between ANSI Class 125/150 flanges; Tyco/Keystone Model AR2
4. Solenoid Valve, Type V940 Solenoid Valve ¼-inch to 2-inches: Two-
way internal pilot operated diaphragm type, stainless steel body,
resilient seat suitable for air or water, solenoid coil molded epoxy,
NEMA insulation Class F, 120 Volts, AC, 60-Hz; enclosure NEMA 250
Type 4; ASCO or Skinner
5. Check Valves, Type V618 Wafer Style Check: cast iron body, Type 316
stainless steel disc and shaft, and Buna-N Seat; Centerline Series 800
Valmatic, or Gulf.
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46 53 49 - 18 MBR SYSTEM

F. Electric Actuators: Use for typical OPEN/CLOSE application except when
fast action is required.
G. Pneumatic Actuators: Use for OPEN/CLOSE application where fast action is
required.
1. Provide pneumatic actuators guaranteed for 1,000,000 cycles with less
than 5 percent failure.
2. Include air sets, exhaust mufflers, speed controls, pilot solenoids, and
accessories.
3. Pneumatic actuators shall be Keystone 79U or equal.
4. Pilot solenoid valves shall be Asco Red Hat, C.A. Norgren Co.,
or equal.
H. Sample Valves: Provide 1/2-inch stainless steel ball valve sample taps, with
female thread on the outlet on the discharge of each permeate.
2.14 ELECTRICAL
A. Three-phase, 480V AC power shall be available at the project site.
B. Pre-piped and skid mounted components shall be pre-wired to a terminal
junction box located on the skid.
C. Electrical material and equipment shall have UL listing wherever standards
have been established by that agency.
D. Complete electrical assembly shall meet all requirements of the National
Electrical Code, the National Electrical Manufactures Association (NEMA),
the National Fire Protection Association (NFPA), and all applicable state and
local codes.
2.15 CONTROL SYSTEM
A. General: Provide control panels, PLC and Operator Interface hardware and
software, data transfer and graphic emulation support, Membrane Control
System software package, data links with the OWNER’s Plant Control
system, graphic display and configuration, and instruments. Instrumentation
and control components shall be in accordance with Spec. Section 40 61 00,
Package Process Control Requirements.
B. Provide narrative description of process control systems and overall control
system, logic diagrams, summary of control functions, summary of
monitoring functions, descriptions of alarms, and other information to
describe the control system. Identify specific logic components to be
programmed into each PLC.
C. Provide and program PLC and Operator Interface software to control the
operation of the MBR System.
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46 53 49 - 19 MBR SYSTEM

1. Provide and configure PLCs and operator interface units per the
requirements specified herein and shown on the block diagram.
2. PLCs shall include a battery backup, as well as memory sufficient to
implement all application software plus 100 percent spare capacity.
3. Provide and design PLC and I/O racks so that a maximum of one train
may be removed from service when a panel is opened or otherwise
taken out of service.
4. The PLCs shall communicate with the Town’s plant control system via
Ethernet links.
5. Upon loss of communication between the plant control system and the
membrane control system, each train PLC shall continue to operate its
train using, as a minimum, the current permeate flow setpoint and,
preferably, a fully-functional flow control algorithm such as one based
on liquid level in the bioreactor basin.
6. Provide graphical displays to monitor and control all aspects of
membrane equipment system.
D. PLC Configuration:
1. Equipment and components associated with each membrane train shall
be controlled by a dedicated membrane train PLC I/O Chassis such that
failure of a train PLC I/O Module shall affect only one train.
2. Equipment servicing more than one membrane train, such as backpulse
pumps and air compressors, shall have their controls distributed among
the train PLCs I/O chassis. Assign one equipment unit to a PLC chassis,
e.g., one backpulse pump to a PLC chassis such that failure of a PLC
module shall affect only one equipment unit in a parallel set of
equipment items.
3. Control functions required to coordinate the operation of individual
membrane trains shall be implemented in a master PLC with redundant
processors. Examples of master control functions include:
a. Allocation of flow setpoints to each membrane train.
b. Coordinating backwash of each membrane train.
c. Coordinating chemical cleaning of each membrane train.
4. The redundant master PLC processors shall function as “hot backups”
such that on failure of the active processor, the control functions shall
automatically continue to be performed by the backup redundant
processor.
5. Provide two redundant operator interface units, one at the master PLC
panel and the other at the main control room, configured and connected
so that no single failure will affect more than one operator interface unit.
Control and monitoring shall be provided at each operator interface unit
for all the train and the master control functions.
E. Coordination and Data Integration with Plant Control System.
1. In addition to the membrane system operator interface units, the
treatment process will have the ability to be operated and monitored
from the main control room via the plant control system network.
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46 53 49 - 20 MBR SYSTEM

SELLER shall provide all program files for the PLCs and operator
interface units at the completion of the project. SELLER shall also
provide the graphics files and memory maps of all registers for control
and monitoring of the membrane equipment system such that the
OWNER's control system integrator can configure the plant control
system HMI (human-machine-interface).
2. See also requirements in Spec. Section 40 61 00, Package Process
Control Requirements.
F. All controls and monitoring shall be accessible by the plant control system via
the Ethernet network. Provide means for data exchange with plant control
system as specified.
G. Provide an uninterruptible power supply (UPS) for each master PLC and each
train PLC I/O chassis, capable of a minimum of 10 minutes backup at full
load.
H. Functional Description: The membrane control system shall be designed to
perform the following functions as a minimum:
1. General:
a. Communicate all data to the plant control system for historical
storage (historical trends, alarm logs, operating data, cleaning and
backwash information).
b. Provide other features as required by system for unattended
operation, unattended startup, and to meet specified performance
requirements.
c. Control system shall include necessary features to enable remote
monitoring of system parameters and performance from
SELLER’s support office. Telephone modem will be the means of
remote monitoring, and access will be enabled and disabled at
OWNER’s discretion.
2. Permeate System:
a. Monitor operational data for permeate and other membrane
system components including the following at a minimum:
1) Transmembrane (vacuum) pressure while permeating.
2) Transmembrane pressure while backpulsing (if applicable).
3) Permeate production rate per train.
4) Total (system) permeate production rate.
5) Hours of operation for each permeate pump/train.
6) Permeate temperature for combined permeate flow.
7) Permeate turbidity for each train.
8) Perform calculations of permeability and temperature
corrected permeability for each train and plot both
parameters as a function of run time.
b. Provide trend displays for each train showing the most recent at
the current 24-hour flow, 7-day flow, and 30-day flow.
c. Permeate Pumps:
1) START/STOP and flow control of permeate pumps.
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46 53 49 - 21 MBR SYSTEM

2) Adjust total permeate production rate through membrane
train in response to total secondary influent flow and
adjusted to maintain a bioreactor basin level setpoint.
3) Provide individual permeate pump flow setpoints based on
total permeate production rate and number of membrane
trains in service.
d. Air Scour:
1) Determine the air scour flow required for membrane
operations and communicate the total agitation air flow
required to the plant control system.
2) The plant control system will control the air scour blowers
based on the required air scour flow and pressure.
e. Membrane Basin Level:
1) Provide level transmitters for each membrane train.
2) Receive level signals for each membrane train for
monitoring and control.
f. Chemical Feed: Provide START/STOP and required chemical
flow signals to the plant control system. The plant control system
will control the chemical pumps based on these signals.
3. Cleaning Systems:
a. General:
1) PLC shall control sequence of backwashing and chemical
cleanings.
2) Record backwashes, air and water backwash duration,
backwash flow, and perform calculations to determine
permeate production rate.
3) The SELLER shall supply the control functions for the
cleaning cycles. Chemical metering pumps shall be
provided by SELLER. When SELLER’s cleaning sequence
requires chemical pump to operate, a signal shall be sent to
the plant control system and the plant control system will
start the pump. Similarly, when SELLER’s cleaning
sequence requires chemical pump to stop, a signal shall be
sent to the plant control system and the plant control system
will stop the pump.
4) All chemical cleaning systems shall be fully automated and
shall not require manual operation of any equipment or
valves.
b. Total air scour flow rate shall be monitored and controlled by the
SELLER’s PLC.
c. Backwash or Backpulse (if required): The backwash system shall
perform the backwash function automatically at operator-entered
time intervals, or per manual initiation by operator.
d. Maintenance Clean System:
1) Designed for automatic operation controlled by the PLCs.
2) Shall be automatically initiated based on time or an
operator-entered number of backwashes/backpulses. System
shall also allow operators to initiate a backwash manually.
e. Recovery Clean System:
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1) Designed for automatic operation once a cleaning cycle has
been initiated by the operator.
2) Sequence shall permit an operator-initiated recovery clean
abort in which the system will automatically stop the
cleaning sequence and start the membrane trains.
4. Alarms:
a. As a minimum, provide alarms for each train for high
transmembrane pressure, high permeate turbidity, low permeate
flow, low agitation air flow, and permeate pump failure. Alarms
shall also be sent to the plant control system.
b. Shutdown train, and alarm upon high TMP, turbidity above
20 NTU, and failure of any defined critical parameter or
component.
c. Record and alarm power failures.
d. Provide listing of all alarm events and all other events that could
cause a membrane train to shutdown or to be placed into standby
or shutdown or any other non-producing state.
5. Control Interface with Plant Control System: Make available and
receive in contiguous PLC data registers the following data to and from
the plant control system:
a. Output Data to the Plant Control System:
1) Status of each piece of equipment.
2) Hours of equipment/train operation.
3) Alarms.
4) Process variable values.
5) Control setpoints and control commands (START/STOP,
OPEN/CLOSE) for equipment controlled by the plant
control system.
b. Input Data from the Plant Control System:
1) Process variable values monitored by the plant control
system.
2) Operator entered values (e.g., setpoints), control actions
(e.g., START/STOP), and operator selections (e.g., AUTO/
MANUAL) same as provided at the operator interface units.
3) Equipment status feedback for equipment controlled by the
plant control system.
2.16 INSTRUMENTATION
A. General Requirements: Provide instrumentation described herein in
accordance with Spec. Section 40 61 00, Package Process Control
Requirements.
B. Turbidity Elements and Transmitters:
1. Function: Continuously measures, indicate, and transmit signals
proportional to turbidity of permeate from each membrane train.
2. Range: Provide turbidity elements and transmitters capable of
measuring 0 to 10 NTU.
FEBRUARY 2026
46 53 49 - 23 MBR SYSTEM

C. Magnetic Flow Meters:
1. Function: Continuously measures, indicate, and transmit signals
proportional to flow of membrane permeate and membrane backwash
for each train.
D. Pressure Differential Transmitter:
1. Function: Continuously measures, indicate, and transmit signals
proportional to differential pressure of membranes for each train.
E. Float Level Switches:
1. Function: Provide in each membrane train for low level alarms and
shutdown.
F. Level Transmitters:
1. Function: Provide each membrane train for level measurement.
3 PART 3 EXECUTION
3.01 PRELIMINARY-SHOP DRAWINGS AND WORKSHOPS DURING DESIGN
A. SELLER shall provide equipment layout support services following SELLER
selection as outlined in Spec. Section 00 13 01, Administrative Requirements.
B. SELLER shall assist the OWNER and ENGINEER by reviewing and
evaluating site, structure, piping, and equipment layouts; interfaces with other
processes and facilities; and other components to develop a design that best
serves the OWNER.
C. SELLER shall review the ENGINEER’s Contract Documents and
Specifications for construction of the facility within 14 calendar days of
receipt of the review submittal and prior to bidding of the construction
contract.
D. SELLER shall assist in answering questions received from the ENGINEER
and from bidders during advertisement of the construction contract.
E. Design Workshops and Submittals:
1. SELLER shall assist in the development of the final design through a
series of workshops and submittals listed below:
a. Workshop No. 1 in Centreville, MD
b. Shop-Drawing Submittal No. 1.
c. Workshop No. 2. in Baltimore, MD
d. Shop-Drawing Submittal No. 2.
e. Workshop No. 3. in Baltimore, MD
f. Shop-Drawing Submittal No. 3.
FEBRUARY 2026
46 53 49 - 24 MBR SYSTEM

2. SELLER shall prepare and submit detailed equipment submittals that
document the design of the system and provide the ENGINEER with the
information necessary to prepare the construction documents in
accordance with the procedures detailed in Spec. Section 00 13 01,
Administrative Requirements.
3. Submittals provided with the SELLER’s Bid will be used to initiate the
design process at Workshop No. 1.
4. SELLER shall provide the services of one qualified representative at
each workshop.
5. Workshops shall be 1 full day (exclusive of travel time) and will be held
at the office of the OWNER.
F. Workshop No. 1: Within 30 days after SELLER selection, SELLER shall
conduct a System Integration Workshop with ENGINEER and OWNER to:
1. Review Bid Submittals: Resolve intent and provide clarifications.
2. Review PLC and Digital System Block Diagram: Confirm no single
point of failure, functionality, etc.
3. Review PLC Programming Orientation: What is performed in PLCs,
and where are access points for train-specific and shared I/Os.
4. Review draft process control narratives.
5. Review alarms, power failure scenarios, and any events or alarms that
cause a train to shut down.
6. Identify details of air flow and vacuum flow requirements, including
flows, durations, pressure, and variation.
7. Review approach to HMI graphical emulation and control.
8. Review data transfers required to perform graphical emulations and
control.
3.02 FACTORY INSPECTION AND TESTING
A. Factory Inspections: Inspect equipment and control panels for required
construction, electrical connection, and intended function.
B. Factory Tests and Adjustments:
1. Test equipment and control panels actually furnished.
2. Provide written certification of tests to ENGINEER prior to shipping
equipment.
3. Test for proper alignment, quiet operation, proper connection, pumping
capacity, and satisfactory performance.
4. Witnessed factory test of the entire PLC based control system and HMIs
is mandatory. Entire system must be set up and tested as specified in
this section and in Spec. Section 40 61 00, Package Process Control
Requirements. Upon completion, and prior to shipping equipment to the
site, provide electronic copies of all PLC ladder logic and control
programs, fully documented and suitable for downloading into the
PLCs.
FEBRUARY 2026
46 53 49 - 25 MBR SYSTEM

3.03 INSTALLATION
A. SELLER shall furnish installation instructions and recommendations to
Construction Contractor.
B. Construction Contractor shall install the Membrane Equipment System in
accordance with SELLER’s instructions and recommendations.
C. SELLER shall provide assistance to Construction Contractor during
installation, supervision and calibration of all instruments and systems
provided by SELLER.
3.04 TESTING AND COMMISSIONING
A. SELLER shall coordinate and assist Construction Contractor with functional
and performance tests on the installed membrane equipment system. It will be
the responsibility of the SELLER and Construction Contractor to
communicate to arrange the times for testing and startup activities, however,
the Construction Contractor must confirm that these times are acceptable to
the OWNER.
B. Functional Testing:
1. Once written certification of proper installation has been issued,
SELLER shall coordinate with Construction Contractor to perform
functional testing of the membrane equipment system.
2. For the Functional Testing, the SELLER and the Construction
Contractor shall verify operation of all system components, all control
system functions, and communication links.
3. To perform the functional testing, the SELLER shall operate all valves,
controls, and other devices to ensure they are functional and ready for
performance testing.
4. Purpose of the functional testing shall be to demonstrate the
effectiveness of the following system components and features:
a. Automatic START/STOP and flow control of membrane trains
using plant control system.
b. Manual flow control using membrane train HMI and PLC.
c. Automatic backwashing, back pulse, or relaxation at various time
intervals.
d. Automatic shutoff and alarm for various failure modes for each
membrane train and for entire membrane equipment system.
e. START and STOP of air system.
f. Membrane integrity test system.
g. Determination of clean water turbidity and permeability of each
membrane train and temperature correction of the clean water
permeability for each train.
h. Monitoring and recovery of operating data.
i. Monitoring and control from remote workstation.
j. Automatic switchover from normal power to emergency power,
and emergency power to normal power.
FEBRUARY 2026
46 53 49 - 26 MBR SYSTEM

k. All control functions, both at local system and remote
workstation.
l. Operation of systems for maintenance and recovery cleans.
m. Operation of all monitoring instruments.
n. Bubble point testing of the small membrane subunits.
5. The SELLER shall inspect the installed membrane equipment system
for correct operation, proper connection, and satisfactory function of all
components. The SELLER shall approve the installation and provide to
the OWNER or OWNER’s Representative written certification that the
system components have been installed properly and are ready for
operation.
6. The proposed functional testing procedure shall be developed by the
SELLER and shall be submitted to the OWNER and reviewed by the
OWNER and the ENGINEER before scheduling and performing
functional testing. In the case of a non-conforming system as
determined by the ENGINEER, advancement to performance testing
shall not commence until the SELLER has made, at no additional cost to
the OWNER, such adjustments and modifications as are necessary to
correct the system, and has demonstrated this by repeating the
functional testing until satisfactory.
C. Training
1. Provide prestart up training to instruct OWNER’s personnel in process,
mechanical, electrical, and control system relationships, and proper
operation and maintenance techniques for the furnished Goods as
described herein.
2. SELLER submit training plan, including for review and approval by
OWNER. Include the following minimum information: course outline,
format (e.g., lecture, self-study, demonstration, hands-on), instruction
materials and equipment requirements, resumes of instructors providing
the training.
3. Training shall be completed prior to commencement of performance
testing.
D. Performance Testing:
1. Following completion of the functional testing and training, and
following the submittal of all final shop drawings, O&M Manuals, and
PLC programs, the SELLER, Construction Contractor and the OWNER
shall conduct the performance test. Since the membrane equipment
system is part of the secondary treatment process, during the
performance test, the SELLER shall take the lead and be responsible to
test the membrane equipment system. The Construction Contractor shall
be responsible for testing all other equipment associated with the
secondary process as part of the overall plant testing. The OWNER shall
be responsible for controlling solids retention time (SRT) and
establishing mixed liquor solids concentrations as specified.
FEBRUARY 2026
46 53 49 - 27 MBR SYSTEM

2. SELLER shall submit a performance test report within 14 days of
completion of the test period.
3. To perform the test, the SELLER shall continuously provide assistance
and guidance to operate the membrane equipment system over a 90-day
test period, and collect and summarize data to demonstrate that the
system meets the performance test requirements for the parameters
listed below. In all cases, compliance with the requirements of this
Specification shall be determined for each calendar day, and to
successfully pass the test, the membrane equipment system must
comply with requirements for each of the 90 days within the
performance test period.
a. Production Capacity: OWNER will route design flows of
equivalent magnitude and duration as specified in the performance
requirements to one train. Membrane equipment system meets
production capacity requirements under conditions specified in
service conditions and performance requirements of this section.
b. Pressure Limitations: Membrane equipment system operates
within the TMP limit that is specified by the SELLER.
c. Membrane Permeate Quality: Membrane permeate meets
requirements under conditions specified in service conditions and
performance requirements of this section.
d. Maintenance Clean: Perform maintenance clean operation at the
frequency equal to or less than specified in performance
requirements of this section.
e. Recovery Clean: SELLER can request performance of a recovery
clean operation at the start of the 90-day test period on the target
membrane train. Using the TMP and temperature corrected
permeability data from the 90-day operation, the recovery clean
interval, when averaged over 1 year, shall not exceed the
maximum frequency specified in Article Performance
Requirements of this Section.
f. Energy Usage: Monitor average power consumption and
maximum power demand for membrane equipment system for
duration of test period. Provide a test method prior to start of
testing that is acceptable to OWNER. Monitored equipment shall
include air scour blowers, permeate pumps, backwash pumps, and
sludge recirculation pumps. Test method shall verify the
guaranteed power requirements for the range of flows specified by
the SELLER.
g. Chemical Use: Monitor chemical use for membrane equipment
system cleaning. Verify guaranteed chemical use requirements
specified by SELLER.
h. Control System: Verify that the PLC, process control, HMI and
network communications systems operate as intended. Verify that
automatic transfer to redundant or backup systems is functional
and that operator intervention to restart or to re-establish normal
operation is required only during weekday periods between
8:00 a.m. and 4:00 p.m. Any other manual intervention to restart
FEBRUARY 2026
46 53 49 - 28 MBR SYSTEM

or to re-establish normal operation of the control system is
considered a system failure.
4. Successful completion of the performance test will be defined as
90 continuous days of operation without a major failure in system and
demonstration that the membrane equipment system meets all
performance requirements established herein.
5. A major failure in the membrane equipment system is one that decreases
system capacity below 88% percent of design capacity for more than
24 hours, or, for control systems, a major failure is any event that
requires operator intervention to restart or to re-establish normal system
operation beyond that described above.
6. If the membrane equipment system fails to successfully complete
performance test, SELLER shall have the option of repeating the test
over a second 90-day period. If the membrane equipment system fails to
successfully complete the performance test during second test period,
SELLER shall prepare a written plan for modifying the system to meet
all test requirements.
a. SELLER shall submit the written plan within 14 days after the
second unsuccessful test period ends.
b. If the proposed modifications are deemed acceptable by the
OWNER and the ENGINEER, the SELLER shall modify the
system within 30 days of receiving the ENGINEER’s written
approval. All modifications to the system shall be completed at no
additional cost to the OWNER or Construction Contractor.
c. If any additional equipment is required, ENGINEER shall
calculate associated life-cycle costs for the new components
incurred over a 10-year period. These associated costs shall be
compensated in full by the SELLER in the form of a lump sum
payment based on a 10-year net present worth calculation with a
5 percent interest rate.
d. After modifications are completed, the SELLER shall then repeat
the performance test.
e. If, in the opinion of the OWNER or the ENGINEER, the SELLER
cannot modify or supplement its membrane equipment system to
meet performance requirements specified herein, the SELLER
shall remove their system and install an alternate system as
required to meet performance requirements at the sole cost of the
SELLER. This requirement shall be secured by the Performance
Bond.
7. During the performance test, Construction Contractor, OWNER and
ENGINEER shall have the option of collecting samples for independent
analyses to confirm measurements and analyses conducted by SELLER.
8. OWNER and ENGINEER shall have the option of witnessing all testing
performed by the SELLER.
FEBRUARY 2026
46 53 49 - 29 MBR SYSTEM

E. Commissioning Period:
1. Compliance with the requirements for production capacity, chemical
cleaning interval, and membrane permeate quality shall be determined
during the commissioning period.
2. The Commissioning Period shall begin and end at the OWNER’s
discretion, within the limits defined herein:
a. Start of Commission: No later than 2 months after completion of
performance testing.
b. Duration: 180 days.
3. It is the OWNER’s intent to time the commissioning period to coincide
with peak flow conditions, or to simulate those conditions using a
substantial portion of the plant.
4. The OWNER shall operate the plant during the commissioning period,
however, SELLER and Construction Contractor may provide onsite
assistance.
5. SELLER is responsible for monitoring operating conditions and
performance during the commissioning period.
6. SELLER shall summarize data at the end of the commissioning period
and prepare a written report of the results to the OWNER and the
ENGINEER.
7. The commissioning period report shall include a narrative description,
tables and graphs of production capacity, TMP versus time, energy use,
maintenance clean and recovery clean frequency, and other parameters
to document the performance of the membrane equipment system.
8. SELLER shall submit the commissioning period report within 30 days
following the end of the commissioning period.
9. The OWNER and ENGINEER may conduct their own monitoring and
record keeping during the commissioning period.
10. The following parameters shall be evaluated to determine compliance of
the membrane equipment system with performance requirements as
stated herein:
a. Membrane Permeate Quality: If the membrane equipment system
fails to comply with requirements for membrane permeate quality,
SELLER shall provide to the OWNER and the ENGINEER a
written plan of modifications to the system (such as repairing
damaged fibers, replacing seals, complete replacement of system)
to achieve compliance with the requirements. Upon
implementation of modifications plan, the commissioning tests
shall re-commence in their entirety.
b. Cleaning Interval: If the interval for maintenance and recovery
cleans during the commissioning period is shorter than the
frequency of cleaning specified in this section to meet the
production capacity as described under performance requirements,
SELLER shall provide to the OWNER and the ENGINEER a
written plan of modifications to the system (such as repairing
damaged fibers, replacing seals, complete replacement of system)
to achieve compliance with the requirements. Upon
FEBRUARY 2026
46 53 49 - 30 MBR SYSTEM

implementation of modifications plan, the commissioning tests
shall re-commence in their entirety.
3.05 MANUFACTURER'S SERVICES
A. Provide onsite services in accordance as described herein.
B. In addition to the time necessary to complete the requirements established in
this Section and elsewhere within these Contract Documents, the SELLER
shall provide the following onsite services at times designated by the OWNER
and the Construction Contractor, for the minimum person-days listed below,
travel time excluded. Time spent remedying equipment deficiencies/problems
shall not count toward the listed person-days and trips.
1. 6 person-days (three trips) for attendance at design workshops held
where specified.
2. 4 person-days (two trips) during unloading of membrane equipment
system, including attendance at a one-day pre-delivery site meeting with
the Construction Contractor.
3. 15 person-days (three trips) for providing installation assistance to the
Construction Contractor for the membrane equipment system.
4. 9 person-days (three trips) for training of OWNER’s operators,
including attendance at a 1-day pre-startup meeting with the
Construction Contractor and the OWNER and a 2-day review of
operations at the end of the first year of operation.
END OF SECTION
4
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46 53 49 - 31 MBR SYSTEM

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FEBRUARY 2026
46 53 49 - 32 MBR SYSTEM

PART V — PROCUREMENT TERMS
A. EXAMPLE AGREEMENT
1. The Agreement between the OWNER and GC will be directly based on
the EJCDC C-520 AGREEMENT BETWEEN OWNER AND
CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED
PRICE) 2018 Edition included in Appendix D.
Page 190 February 2026
N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

APPENDIX A -- FIGURES

REVISION
TOWN OF CENTREVILLE
CLIENT INFORMATION
CENTREVILLE, MARYLAND
CENTREVILLE WWTP ENR UPGRADE
TOWN OF CENTREVILLE
AND EXPANSION
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
PROJECT SITE
VICINITY MAP
SCALE: 1"=2000'
COVER SHEET
Drawing No.
G00-01
Scale: 1" = 2000'
Date: JANUARY 2026 Sheet 1 of 26
Des: LMA Drawn: LMA Check: DRN
mp05:4
-
6202
,03
naJ
gwd.10-0G00057341\DDAC\000-57341\:N
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
LICENSE NO. 12345
EXPIRATION DATE: XX/XX/XXXX
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
DRAWING INDEX
Drawing No.
G00-02
Scale: NONE
Date: JANUARY 2026 Sheet 2 of 26
Des: LMA Drawn: LMA Check: DRN
mp94:4
-
6202
,03
naJ
gwd.10-0G00057341\DDAC\000-57341\:N
FACILITY IDENTIFIERS DRAWING INDEX
FACILITY ID DESCRIPTION SHEET DRAWING TITLE
GENERAL NOTES, ABBREVIATIONS, 1 G00-01 COVER SHEET
00 LEGEND, DETAILS, SCHEDULES, AND PLANT
2 G00-02 DRAWING INDEX
WIDE SCHEMATICS
01 HEADWORKS AND GRIT FACILITY
3 C00-01 CIVIL LEGEND AND ABBREVIATIONS
PRE-EQUALIZATION TANKS AND AEROBIC
02 4 C01-01 EXISTING SITE AND UTILITY PLAN
DIGESTERS
5 C01-02 SITE DEMOLITION PLAN
03 BIOLOGICAL REACTORS AND MBR
6 C02-01 PROPOSED SITE PLAN
04 MBR PROCESS BUILDING
05 FILTER AND BLOWER BUILDING
7 M00-01 MECHANICAL GENERAL NOTES, ABBREVIATIONS, AND SYMBOLS
06 METHANOL FACILITY
8 M00-02 WWTP ENR UPGRADE LIQUID PROCESS FLOW DIAGRAM
07 EFFLUENT PUMP STATION
9 M00-03 WWTP ENR UPGRADE SOLIDS PROCESS FLOW DIAGRAM
08 CONTROL BUILDING
10 M00-04 PROPOSED HYDRAULIC PROFILE
09 SITE ELECTRICAL
11 M00-05 PROPOSED CHEMICAL SYSTEMS SCHEMATICS
12 M01-01 HEADWORKS AND GRIT FACILITY PLAN
LEGEND:
13 M01-02 HEADWORKS AND GRIT FACILITY SECTION
14 M02-01 PRE-EQUALIZATION TANKS AND AEROBIC DIGESTERS PLAN
DENOTES SPECIFIC NOTES
15 M03-01 BIOLOGICAL REACTORS AND MBR OVERALL PLAN
DENOTES DEMOLITION NOTES
16 M03-02 BIOLOGICAL REACTORS AND MBR OVERALL SECTION
DENOTES DEMOLITION PHOTO
17 M04-01 MBR PROCESS BUILDING LOWER LEVEL PLAN
18 M04-02 MBR PROCESS BUILDING UPPER LEVEL PLAN
TITLE MARKERS:
19 M04-03 MBR PROCESS BUILDING SECTIONS
20 M05-01 FILTER AND BLOWER BUILDING PLAN
PLAN / PARTIAL PLAN
X
21 M05-02 FILTER AND BLOWER BUILDING SECTION
XXX-XX SCALE: XXXXX
22 M06-01 METHANOL FACILITY PLAN
23 M07-01 EFFLUENT PUMP STATION PLAN AND SECTION
SECTION/DETAIL/PARTIAL PLAN/PROFILE/
PHOTO DESIGNATOR
SECTION/DETAIL/PARTIAL PLAN/PROFILE/
PHOTO DESIGNATOR
24 E04-01 ONE-LINE DIAGRAM NEW WORK
SECTION
X
25 E04-02 PROPOSED MCC IN MBR PROCESS BUILDING
REFERENCE DRAWING
XXX-XX SCALE: XXXXX
REF: XXX-XX 26 E04-03 PROPOSED MCC ELEVATION
DETAIL
X
XXX-XX SCALE: NONE
REF: XXX-XX
DRAWING NO. IDENTIFICATION: 30% DESIGN
NOT FOR CONSTRUCTION
GXX-YY
FACILITY ID SHEET NUMBER
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
LICENSE NO. 12345
EXPIRATION DATE: XX/XX/XXXX
CONSTRUCTION
NORTH ARROW
TRUE
NORTH ARROW
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
CIVIL LEGEND
AND ABBREVIATIONS
Drawing No.
C00-01
Scale: NONE
Date: JANUARY 2026 Sheet 3 of 26
Des: CCR Drawn: CCR Check: ACM
ma10:01
-
6202
,03
naJ
gwd.10-0C00057341\DDAC\000-57341\:N
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
12345
LICENSE NO.
XX/XX/XXXX
EXPIRATION DATE:
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

REVISION
CLIENT INFORMATION
WV
WWVV
WWVV TOWN OF CENTREVILLE
WWVV
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
WV
GRAPHIC SCALES
WV
SIGNATURE
WV
T
WV
WV
WV
EXISTING SITE
AND UTILITY PLAN
Drawing No.
C01-01
Scale: 1'=30'
Date: JANUARY 2026 Sheet 4 of 26
Des: CCR Drawn: CCR Check: ACM
ma65:9
-
6202
,03
naJ
gwd.00-1C00057341\25471_hsilbuPcA\pmet\lacol\atadppa\sregorc\sresU\:C
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
12345
LICENSE NO.
XX/XX/XXXX
EXPIRATION DATE:
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
T
SITE DEMOLITION PLAN
Drawing No.
C01-02
Scale: 1'=30'
Date: JANUARY 2026 Sheet 5 of 26
Des: CCR Drawn: CCR Check: ACM
ma80:01
-
6202
,03
naJ
gwd.00-1C00057341\DDAC\000-57341\:N
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
12345
LICENSE NO.
XX/XX/XXXX
EXPIRATION DATE:
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
T
PROPOSED SITE PLAN
Drawing No.
C02-01
Scale: 1'=30'
Date: JANUARY 2026 Sheet 6 of 26
Des: CCR Drawn: CCR Check: ACM
ma75:9
-
6202
,03
naJ
gwd.00-1C00057341\25471_hsilbuPcA\pmet\lacol\atadppa\sregorc\sresU\:C
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
12345
LICENSE NO.
XX/XX/XXXX
EXPIRATION DATE:
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231

GENERAL ABBREVIATIONS PIPING SYMBOLS VALVE SYMBOLS GENERAL SYMBOLS GENERAL NOTES
ABBREVIATION DESCRIPTION DOUBLE LINE SINGLE LINE DESCRIPTION DOUBLE LINE SINGLE LINE DESCRIPTION SYMBOL DESCRIPTION
1. MECHNICAL DRAWINGS SHIOW BUILDING NORTH ARROW WHICH
AAF ANNUAL AVERAGE FLOW WELDED JOINT IS RELATIVE TO EACH STRUCTURE. SEE CIVIL DRAWINGS FOR
GATE CENTRIFUGAL PUMP
ACFM ACTUAL CUBIC FEET PER MINUTE TRUE AND PLANT NORTH.
K
ADF AVERAGE DAILY FLOW GROOVED JOINT K KNIFE GATE 2. REFER TO SEQUENCE OF CONSTRUCTION FOR STAGED
AFF ABOVE FINISHED FLOOR PROGRESSIVE CAVITY PUMP INSTALLATION OF WORK AND SCHEDULING REQUIREMENTS.
ARV AIR RELEASE VALVE FLANGED JOINT BUTTEFLY 3. COORDINATE ALL SHUTDOWNS AND SEQUENCING WITH THE
ASTM AMERICAN STANDARD FOR TESTING OWNER.
MATERIALS MECHANICAL JOINT BALL PERISTALIC PUMP 4. OWNER SHALL MAINTAIN AND OPERATE EXISTING EQUIPMENT. CLIENT INFORMATION
CFM CUBIC FEET PER MINUTE CONTRACTOR SHALL NOT OPERATE EXISTING VALVES OR
ECCENTRIC PLUG
CI CAST IRON N/A SCREWED JOINT SEAT EQUIPMENT.
WATER SURFACE MARKER
CL CENTER LINE END 5. UNLESS OTHERWISE NOTED, ITEMS ARE NEW UNLESS CALLED
CP CONTROL PANEL HUB & SPIGOT JOINT NEEDLE OUT AS EXISTING.
SLUICE GATE
DEG DEGREES (RUBBER GASKET) 6. COORDINATE ALL WORK TO AVOID EQUIPMENT CLEARANCE
DIAPHRAGM
DIA DIAMETER ADAPTOR SIDE CONFLICTS.
DIP DUCTILE IRON PIPE GROVED END ADAPTER FLANGE PINCH 7. STRUCTURE ELEVATIONS PROVIDED FOR CLARITY. SEE
DO DISSOLVED OXYGEN STRUCTURAL AND ARCHITECTURAL DRAWINGS FOR FF
EL ELEVATION SWING CHECK FIELD INSTRUMENT SYMBOLS ELEVATIONS AND FLOOR SLOPE.
FLANGE COUPLING ADAPTER
EX EXISTING 8. SEE STRUCTURAL DRAWINGS FOR CONCRETE PIPE ENCASEMENT
BALL CHECK
FD FLOOR DRAIN SYMBOL DESCRIPTION DETAILS.
FF FINISHED FLOOR FLEXIBLE COUPLING 9. SEE STRUCTURAL DRAWINGS FOR CONCRETE PIPE SUPPORT
P VALVE PNEUMATIC ACTUATOR
F.C. FLUSHING CONNECTION AND PEDESTAL DETAILS. TOWN OF CENTREVILLE
FLG FLANGE METAL BELLOWS EXP JOINT M MAGNETIC FLOWMETER 10. COORDINATE ALL PENTRATIONS WITH OTHER DISCIPLINES. ALL
FM FORCE MAIN M VALVE ELECTRIC MOTOR ACTUATOR PENETRATIONS SHALL BE WATER TIGHT.
FPM FEET PER MIN ELASTOMER BELLOWS EXP JOINT 11. COORDINATE HATCH LOCATION, GRATING, AND CLEAR OPENINGS 116 JOHNSTOWN LANE, CENTREVILLE, MD
PARSHALL FLUME
FPS FEET PER SECOND TO SUIT EQUIPMENT REMOVAL.
FRP FIBERGLASS REINFORCED PLASTIC S 12. UNLESS OTHERWISE NOTED, ALL PIPING PASSING THRU FLOORS
FT FEET ELBOW UP SOLENOID VALVE, 2 WAY AND WALLS SHALL BE SLEEVED AND SEALED WITH A SEGMENTED
GAL GALLONS RADAR LEVEL SENSOR RUBBER MECHANICAL SLEEVE SEAL ON BOTH SIDES. SLEEVES CENTREVILLE WWTP ENR
GPD GALLONS PER DAY ELBOW DOWN S AND SEALS SHALL BE MADE WATERTIGHT. SLEEVES SHALL BE
UPGRADE AND EXPANSION
GPH GALLONS PER HOUR SOLENOID VALVE, 3 WAY INSTALLED AND PROPERLY SECURED PRIOR TO CONCRETE
GPM GALLONS PER MINUTE TEE UP ULTRASONIC LEVEL SENSOR POUR.
HP HORSEPOWER 13. UNLESS OTHERWISE NOTED, WALL CASTINGS SHALL HAVE A
HR HOUR WATERSTOP POSITIONED IN THE CENTER OF THE WALL OR
HWL HIGH WATER LEVEL FLOOR. SEE TYPICAL DETAILS FOR CASTING CONFIGURATION.
PRESSURE RELIEF KEY PLAN
HZ HERTZ CASTINGS SHALL BE INSTALLED AND PROPERLY SECURED PRIOR
TEE DOWN
FLOAT SWITCH
ID INSIDE DIAMETER TO CONCRETE POUR.
INV INVERT 14. PIPING CONNECTIONS 3 INCH AND SMALLER HAVE BEEN
LATERAL UP AIR AND/OR VACUUM RELEASE
KW KILOWATT SCHEMATICALLY SHOWN ON PLAN AND SECTION DRAWINGS.
LB/LBS POUNDS/POUNDS PROVIDE PIPE ROUTING AND ALL APPURTENANCES IN
REGULATED SIDE
LBS/HR POUNDS PER HOUR LATERAL DOWN PRESSURE GAUGE ACCORDANCE WITH RESPECTIVE SCHEMATICS. PROVIDE ALL
LF LINEAR FEET PRESSURE CONTROL OR REDUCING NECESSARY FITTINGS TO MAKE CONNECTIONS.
LWL LOW WATER LEVEL CONCENTRIC REDUCER 15. SCHEMATIC DRAWINGS SHOW PROCESS CONNECTIONS AND NOT
MAX MAXIMUM SPATIAL ORIENTATION.
MG MILLION GALLONS ECCENTRIC REDUCER BACK PRESSURE PRESSURE GAUGE WITH 16. ALL EXPANSION JOINTS, FLANGE ADAPTERS AND FLEXIBLE
MGD MILLION GALLONS PER DAY DIAPHRAGM SEAL COUPLINGS SHALL HAVE TIE-RODS AS SHOWN ON TYPICAL
MG/L MILLIGRAMS PER LITER DETAILS.
REDUCING BUSHING
MIN MINIMUM CORPORATION COCK 17. UNLESS OTHERWISE NOTED, ECCENTRIC REDUCERS SHALL BE
ML MILLILITERS INSTALLED FLAT SIDE ON TOP.
MJ MECHANICAL JOINT UNION PRESSURE GAUGE AND 18. UNLESS OTHERWISE NOTED, ALL DUCTILE IRON PIPING INTERNAL GRAPHIC SCALES
N.C. NORMALLY CLOSED TRANSDUCER OR SWITCH TO FACILITY(IES) SHALL HAVE FLANGED CONNECTIONS.
N.O. NORMALLY OPEN CAP WITH DIAPHRAGM SEAL 19. VALVES ARE NORMALLY OPEN (N.O.) UNLESS NOTED AS
NTS NOT TO SCALE NORMALLY CLOSED (N.C.).
NWL NORMAL WATER LEVEL 20. COORDINATE THE LOCATION OF THE VALVE SUPPORTS SO THAT
OD OUTSIDE DIAMETER ELBOW, 90 DEGREE ANNULAR PRESSURE SEAL ACCESS TO THE VALVE BEARINGS IS NOT RESTRICTED.
PACL POLYALUMINUM CHLORIDE WITH GAUGE 21. UNLESS OTHERWISE NOTED, ALL EQUIPMENT SHALL BE
PE PLAIN END PROVIDED WITH A MINIMUM 4-INCH CONCRETE HOUSEKEEPING
PPD POUND PER DAY CROSS PAD SIZED TO SUIT EQUIPMENT.
PPM PARTS PER MILLION ANNULAR PRESSURE SEAL 22. SUPPORTS AND HANGERS ARE ONLY SHOWN WHERE SPECIFIC
PSI POUNDS PER SQUARE INCH WITH GAUGE AND TRANSDUCER TYPES OR LOCATIONS ARE REQUIRED. ADDITIONAL SUPPORTS
PSIG POUNDS PER SQUARE INCH GAUGE TEE OR SWITCH AND HANGERS SHALL BE REQUIRED AS SPECIFIED.
PVC POLYVINYL CHLORIDE 23. UNLESS OTHERWISE NOTED, MINIMUM SLOPE FOR DRAINS SHALL SIGNATURE
RJ RESTRAINED JOINT BE 1/4 INCH PER LINEAR FOOT.
ELBOW, 45 DEGREE
RPM REVOLUTIONS PER MINUTE 24. THE SIZE OF THE PIPE CONNECTIONS AT THE PROCESS
RVSS REDUCED VOLTAGE SOLID STATE EQUIPMENT ARE SHOWN TO DEMONSTRATE INTENT, SIZES MAY
SCFM STANDARD CUBIC FEET PER MINUTE VARY FROM WHAT IS SHOWN. COORDINATE THE SIZE OF
LATERAL
SHT SHEET CONNECTIONS TO ALL APPROVED PROCESS EQUIPMENT. 30% DESIGN
S.P. STATIC PRESSURE 25. RUPTURE DISCS ARE REQUIRED ON SLUDGE PIPING. SEE
S.S. STAINLESS STEEL SCHEMATICS FOR GENERAL LOCATIONS. NO ATTEMPT HAS BEEN NOT FOR CONSTRUCTION
PIPE GUIDE / SLEEVE
TBD TO BE DETERMINED MADE TO SHOW RUPTURE DISCS IN PLAN AND SECTION VIEW. IN
TDH TOTAL DYNAMIC HEAD GENERAL, PROVIDE RUPTURE DISCS ON PIPING THAT CAN BE
TKN TOTAL KJELDAHL NITROGEN WATERSTOP ISOLATED BETWEEN TWO VALVES.
TN TOTAL NITROGEN 26. PROVIDE PROCESS PIPING DRAINS WHERE INDICATED AND AT
TOW TOP OF WALL THE FOLLOWING: LOW POINTS; FLOW METERS AND BETWEEN PROFESSIONAL CERTIFICATION.
WALL CASTING WITH VARIOUS
TP TOTAL PHOSPHORUS PUMP SUCTION AND DISCHARGE ISOLATION VALVES. PUMP I HEREBY CERTIFY THAT THESE DOCUMENTS
CONNECTIONS TYPES AS
TSS TOTAL SUSPENDED SOLIDS DRAINS SHALL BE ON THE SUCTION SIDE OF CENTRIFUGAL WERE PREPARED OR APPROVED BY ME, AND
INDICATED ON PLANS OR
TYP. TYPICAL PUMPS. THAT I AM A DULY LICENSED PROFESSIONAL
SECTIONS
VFD VARIABLE FREQUENCY DRIVE WATERSTOP OR THRUST 27. METAL FABRICATIONS WITH BURS, SHARP EDGES OR POSE A ENGINEER UNDER THE LAWS OF THE STATE
W.L. WATER LEVEL COLLAR AS INDICATED ON HAZARD SHALL BE MADE DULL/BLUNT OR SHALL BE PROVIDED OF MARYLAND,
PLANS OR SECTIONS
WITH AN APPROPRIATE COVERING THAT SHALL MITIGATE AND LICENSE NO. ___________
DRAW ATTENTION TO THE HAZARD. EXPIRATION DATE: ____________________
FLOW STREAM IDENTIFIERS FLUSHING CONNECTION
IDENTIFIER DESCRIPTION LEGEND
CALIBRATION CYLINDER
N/A
WITH BALL VALVE
AHP AIR HIGH PRESSURE
FLOW STREAM INDENTIFIER
ALP AIR LOW PRESSURE
N/A FLEXIBLE HOSE
CW CITY WATER (POTABLE)
EXISITING
D DRAIN
N/A FLOW ARROW
HW HOT WATER
FACILITY BOUNDARIES (SCHEMATICS)
OC ODOR CONTROL
N/A WYE STRAINER
OF OVERFLOW NEW MECHANICAL WORK
NPW NON POTABLE WATER
N/A INSULATED PIPING DEMOLITION WORK
PW POTABLE WATER
RAS RETURN ACTIVATED SLUDGE
RD ROOF DRAIN N/A RUPTURE DISC
SW SEAL WATER
WAS WASTE ACTIVATED SLUDGE
Drawing No.
Scale: AS SHOWN
Date: Sheet of
Des: Drawn: Check:
MA
35:55:01
6202/2/2
REVISION
1 Revision 1 Date 1
MECHANICAL GENERAL NOTES,
ABBREVIATIONS, AND SYMBOLS
M00-01
JANUARY 2026 7 26
KWS KWS DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: AS SHOWN
Date: Sheet of
Des: Drawn: Check:
MA
83:24:9
6202/2/2
U.V.
EFFLUENT
P.S.
WWTP ENR UPGRADE LIQUID
PROCESS FLOW DIAGRAM
M00-02
JANUARY 2026 8 26
KWS KWS DRN
CIBOREANA
ENOZ
ENOZ
CIXONA-ERP
CIXO/CIXONA ENOZ
GNIWS
ENOZ
CIXO
ENOZ
CIXO-ED
CIXONA-TSOP
ENOZ
GENERAL NOTES
1. SEE M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS,
LEGEND AND SYMBOLS.
INTERNAL NITRATE
RECYCLE PUMP (TYP. OF 4)
MEMBRANE BIOREACTOR
2-TRAIN, 5-STAGE ACTIVATED
(MBR) ZONE (TYP. OF 4)
SLUDGE BASINS WITH MBR
PRE-EQUALIZATION TANK #1
PERMEATE PUMPS
(TYP. OF 4)
PRE-EQUALIZATION TANK #2
FLOW DISTRIBUTION BOX
EX. 10" EFFLUENT F.M.
TO SPRAY FIELDS
EX. M.H. E-2 EX. M.H. E-1
EX. 14" OUTFALL
TO GRAVEL RUN
TRANSFER PUMPS
(TYP. OF 2)
CIBOREANA/CIXONA-ERP
ENOZ
GNIWS
MBR PROCESS
BUILDING
PERMEATE/BACKPULSE TANK
LATNEMELPPUS
NOBRAC
LATNEMELPPUS
NOBRAC
)LONAHTEM(
)LONAHTEM(
)LCAP(
TLAS
LATEM
TLAS
LATEM
)LCAP(
SECONDARY SCREEN HEADWORKS FACILITY
(TYP. OF 2)
INLINE GRIT CHAMBER
PRIMARY SCREEN
EX. M.H. A
EX. 14" INFLUENT
GRAVITY SEWER
EX. 8" INFLUENT F.M.
EX. 10" HDPE F.M. MANUAL BAR RACK
FROM SOUTH
PUMP STATION
PARSHALL FLUME
MLSS RECYCLE
WAS
EX. CHLORINE CONTACT TANK
AND CASCADE
EX. FILTER AND
BLOWER BUILDING
WWTP ENR UPGRADE LIQUID PROCESS FLOW
DIAGRAM
1
M00-02
SCALE: NOT TO SCALE
DESIGN CRITERIA
FLOW HEADWORKS PRIMARY SCREEN PRE-EQUALIZATION TANKS MEMBRANE TANKS NITRATE RECYCLE PUMPS PACL STORAGE & FEED SYSTEM
DESIGN AVERAGE (MGD) 1.0 PEAK HOURLY (MGD) 3.2 TYPE ROTARY DRUM NO. OF UNITS 2 NO. OF UNITS 4 TYPE SUBMERSIBLE AXIAL FLOW NO. OF STORAGE TANKS 1
MAX MONTH (MGD) 1.4 START-UP MIN DAY (MGD) 0.2 NO. OF UNITS 1 WORKING VOLUME, EACH (MG) 0.6 CAPACITY, EACH (NO. OF CASSETTES) 3 (1 SPARE) NO. OF UNITS 4 STORAGE CAPACITY (GAL) 6,000
MAX DAY (MGD) 2.4 BAR SPACING (INCH) 0.25 NO. OF MODULES PER CASSETTE TBD CAPACITY, EACH @ ADF (GPM) 1,400 NO. OF FEED PUMPS 2
HYDRAULIC CAPACITY (MGD) 4.0 PRE-EQUALIZATION TANK PUMPS CASSETTE TYPE TBD TOTAL DYNAMIC HEAD @ ADF (FT) 5 TYPE OF FEED PUMPS PERISTALTIC
DESIGN EFFLUENT PARAMETERS (MONTHLY AVERAGE) MOTOR SIZE (HP) 5 FLOW RANGE (GPD) 20-200
HEADWORKS BAR RACK TYPE SUBMERSIBLE PROCESS BLOWERS
BOD5 (MG/L) 28 NO. OF UNITS 4 (2 PER TANK) PERMEATE PUMPS UV DISINFECTION
TSS (MG/L) 28 NO. OF UNITS 1 CAPACITY EACH W/ FULL TANK (GPM) 1,000 TYPE POSITIVE DISPLACEMENT
TP (MG/L) 0.15 BAR SPACING (INCH) 0.25 TOTAL DYNAMIC HEAD (FT) TBD NO. OF UNITS 4 TYPE ROTARY LOBE TYPE MEDIUM PRESSURE IN-PIPE
TN (MG/L) 3.0 MOTOR SIZE (HP) TBD RANGE, EACH (SCFM) 90-500 NO. OF UNITS 4 NO. OF BANKS 2
DO (MG/L) (MIN) 5.0 HEADWORKS SECONDARY SCREEN DISCHARGE PRESSURE (PSIG) 8.1 CAPACITY, EACH @ ADF (GPM) TBD DESIGN FLOW (MGD) 3.3
FECAL COLIFORM (MPN/100ML) 14 BIOLOGICAL REACTORS MOTOR SIZE (HP) 40 TOTAL DYNAMIC HEAD @ ADF (FT) TBD
PH (MIN/MAX) 6.5/8.5 TYPE ROTARY DRUM PUMPING RANGE (GPM) TBD TRANSFER PUMPS
NO. OF UNITS 2 (1 STANDBY) NO. OF UNITS 2 AIR SCOUR BLOWERS TOTAL DYNAMIC HEAD RANGE (FT) TBD
RAW INFLUENT AVERAGE AVERAGE MAX MONTH MAX MONTH BAR SPACING (INCH) 0.08 PROCESS TYPE 5-STAGE MOTOR SIZE (HP) TBD TYPE SUBMERSIBLE
CHARACTERISTICS LBS/DAY MG/L LBS/DAY MG/L HYDRAULIC CAPACITY (MGD) 4.0 AVERAGE MLSS (MG/L) 6,000 TYPE POSITIVE DISPLACEMENT NO. OF UNITS 2
MAX MONTH MLSS (MG/L) 8,000 NO. OF UNITS 4 SUPPLEMENTAL CARBON (METHANOL) STORAGE & FEED SYSTEM CAPACITY, EACH (GPM) 1,667
BOD5 1084 130 1821 156 HEADWORKS INLINE GRIT REMOVAL SYSTEM MIN TEMPERATURE (DEG C) 12 DESIGN CAPACITY, EACH (SCFM) TBD TOTAL DYNAMIC HEAD (FT) 50
TSS 1209 145 2032 174 AVERAGE TEMPERATURE (DEG C) 20 DISCHARGE PRESSURE (PSIG) TBD NO. OF STORAGE TANKS 1 MOTOR SIZE (HP) 40
TKN 292 35 490 42 NO. OF UNITS 1 TOTAL WORKING VOLUME (MG) 0.89 MOTOR SIZE (HP) TBD STORAGE CAPACITY (GAL) 5,000
TP 67 8 93 8 FLOW CAPACITY (MGD) 1.5 NO. OF FEED PUMPS 3
AIR REQUIRED (SCFM) 12 (@ 3.5 PSIG) TYPE OF FEED PUMPS PERISTALTIC
FLOW RANGE (GPD) 10-100
CIBOREANA
ENOZ
CIBOREANA/CIXONA-ERP
ENOZ
GNIWS
ENOZ
CIXONA-ERP
CIXO/CIXONA ENOZ
GNIWS
ENOZ
CIXO
ENOZ
CIXO-ED
CIXONA-TSOP
ENOZ
REVISION
1 Revision 1 Date 1
EQUALIZATION TANK
PUMP (TYP. OF 4)
RAS DISTRIBUTION BOX
2
.ON
RETSEGID
CIBOREA
1
.ON
RETSEGID
CIBOREA
AEROBIC DIGESTER SUPERNATANT
TRANSFER PUMP (TYP. OF 2)
EX.
EFFLUENT
P.S.
NON-POTABLE WATER PUMPS (TYP. OF 2)

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
BIOLOGICAL MBR PROCESS BUILDING
REACTORS
AEROBIC DIGESTERS
KEY PLAN
GRAPHIC SCALES
SIGNATURE
REACTION TANK SCREW PRESS
POLYMER
1
30% DESIGN
NOT FOR CONSTRUCTION
BELT CONVEYOR
PROFESSIONAL CERTIFICATION.
FILTRATE TO
I HEREBY CERTIFY THAT THESE DOCUMENTS
DUMPSTER WERE PREPARED OR APPROVED BY ME, AND
PRE-EQ TANKS
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
EX. BLOWER AND FILTER BUILDING
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: AS SHOWN
Date: Sheet of
Des: Drawn: Check:
MA
90:83:11
6202/2/2
REVISION
1 Revision 1 Date 1
GENERAL NOTES
1. SEE M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS,
LEGEND AND SYMBOLS.
X SPECIFIC NOTES
1. SEE M00-05 FOR FULL POLYMER
SCHEMATIC.
SLUDGE TRANSFER PUMPS
WAS
SCUM PUMPS RAS/WAS PUMPS
WWTP ENR UPGRADE SOLIDS PROCESS FLOW
DIAGRAM
1
M00-03
SCALE: NOT TO SCALE
DESIGN CRITERIA
SCUM PUMPS AEROBIC DIGESTERS DEWATERING SCREW PRESS
TYPE SUBMERSIBLE NO. OF UNITS 2 NO. OF UNITS 1
NO. OF UNITS 2 WORKING VOLUME, EACH (MG) 0.197 / 0.125 HYDRAULIC LOADING RATE (GPM) 105
CAPACITY, EACH @ ADF (GPM) TBD SOLIDS LOADING RATE (DRY LBS/HR) 525 WWTP ENR UPGRADE SOLIDS
TOTAL DYNAMIC HEAD @ ADF (FT) TBD SLUDGE TRANSFER PUMPS MOTOR SIZE (HP) 5 PROCESS FLOW DIAGRAM
MOTOR SIZE (HP) TBD
TYPE SUBMERSIBLE
RAS/WAS PUMPS NO. OF UNITS 2
CAPACITY, EACH @ ADF (GPM) TBD
TYPE CENTRIFUGAL TOTAL DYNAMIC HEAD @ ADF (FT) TBD
M00-03
NO. OF UNITS 4 MOTOR SIZE (HP) TBD
CAPACITY, EACH @ ADF (GPM) 2,083
TOTAL DYNAMIC HEAD @ ADF (FT) TBD
MOTOR SIZE (HP) TBD
JANUARY 2026 9 26
KWS KWS DRN

40.00
EL. 38.70
16"
35.00 EL. 35.00
M.H. A
16"
30.00
PRIMARY
PARSHALL FLUME &
SECONDARY
SCREENS
25.00
DROP BOX
SCREENS
GRIT
20.00
CHAMBER
15.00
10.00
PRE-EQUALIZATION
TANK
40.00
35.00
30.00
25.00 EL. 25.00
EL. 24.17
EL. 22.87 EL. 21.50
20.00
15.00
12" 12" 14"
2-TRAIN, 5-STAGE
ACTIVATED SLUDGE
10.00
CHLORINE CONTACT
BASINS (ASBs) WITH
EX.
TANK WITH CASCADE
MBR EFFLUENT M.H. M.H.
MANHOLE
AERATION
P.S. E-2 E-1
EVOBA
NOITAUNITNOC
EES
WOLEB
NOITAUNITNOC
EES
5.00
5.00
CIXO
CIXO-ED
CIXONA
RBM
CIXO/CIXONA
GNIWS
WEIR EL. 35.50
AVG FLOW: 35.82
AVG FLOW: 35.79
PEAK FLOW: 36.43
PEAK FLOW: 36.14 AVG FLOW: 35.78
PEAK FLOW: 36.11 AVG FLOW: 33.97 AVG FLOW: 33.93
AVG FLOW: 26.07
AVG FLOW: 35.79
PEAK FLOW: 35.10 PEAK FLOW: 35.03
PEAK FLOW: 26.58
PEAK FLOW: 36.14
AVG FLOW: 33.96
PEAK FLOW: 35.09
AVG FLOW: 13.00
PEAK FLOW: 21.09
STARTING WATER EL. 10.00
OUTFALL TO
GRAVEL
RUN
CIBOREANA
CIXONA
AVG FLOW: 20.93
PEAK FLOW: 21.43 AVG FLOW: 13.23
PEAK FLOW: 21.12
14"
WOLF
XOB
NOITUBIRTSID
AVG FLOW: 25.90
PEAK FLOW: 26.02
CLIENT INFORMATION
AVG FLOW: 25.91
PEAK FLOW: 26.02
AVG FLOW: 25.91
PEAK FLOW: 26.02
AVG FLOW: 33.27 AVG FLOW: 25.91
PEAK FLOW: 33.58 PEAK FLOW: 26.02
AVG FLOW: 32.05
PEAK FLOW: 32.53
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
AVG FLOW: 25.90
GRAPHIC SCALES
PEAK FLOW: 26.01
AVG FLOW: 25.90
PEAK FLOW: 26.01
2-TRAIN, 5-STAGE
AVG FLOW: 25.89
ACTIVATED SLUDGE
PEAK FLOW: 26.01
BASINS (ASBs) WITH
AVG FLOW: 25.89
MBR
PEAK FLOW: 26.00
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
WEIR EL. 20.10
AVG FLOW: 21.17
PEAK FLOW: 22.67
AVG FLOW: 20.97
PEAK FLOW: 21.61 PROFESSIONAL CERTIFICATION.
AVG FLOW: 21.13
AVG FLOW: 21.10 I HEREBY CERTIFY THAT THESE DOCUMENTS
PEAK FLOW: 22.42
PEAK FLOW: 22.20 WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
UV
PERMEATE
PUMPS
EX.
EFFLUENT
Drawing No.
P.S.
Scale: AS SHOWN
Date: Sheet of
Des: Drawn: Check:
MA
75:35:11
6202/2/2
GENERAL NOTES REVISION
1. SEE M00-01 FOR PROCESS MECHANICAL GENERAL NOTES, ABBREVIATIONS, LEGEND GENERAL NOTES
AND SYMBOLS.
2. PEAK FLOW CONDITIONS: 3.2 MGD. 1. SEE M00-01 FOR PROCESS MECHANICAL
PEAK CONDITIONS AFTER PRE-EQUALIZATION TANK: 2.4 MGD. GENERAL NOTES, ABBREVIATIONS,
LEGEND AND SYMBOLS.
3. AVERAGE ANNUAL FLOW CONDITIONS: 1 MGD
4. WATER LEVELS SHOWN REPRESENT PEAK FLOWS
5. CONNECTIONS BETWEEN BUILDINGS ARE DESIGNATED AS OPEN CHANNEL UNLESS
OTHERWISE NOTED WITH PIPE SIZE DIMENSIONS
PROPOSED HYDRAULIC PROFILE
M00-04
HYDRAULIC PROFILE
1
M00-04
SCALE: NOT TO SCALE
JANURARY 2026 10 26
KWS KWS LMA

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
M
GRAPHIC SCALES
M
M
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: AS SHOWN
Date: Sheet of
Des: Drawn: Check:
MP
35:00:21
6202/2/2
REVISION
PRESSURE RELIEF VALVE (TYP.) CALIBRATION CYLINDER (TYP.)
CALIBRATION CYLINDER (TYP.)
1 Revision 1 Date 1
PRESSURE RELIEF VALVE (TYP.) GENERAL NOTES
BALL VALVE (TYP.) PRESSURE REDUCING VALVE 1. SEE M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS,
LEGEND AND SYMBOLS.
BALL VALVE (TYP.)
PERMEATE LINE
PRESSURE REDUCING VALVE
PERMEATE LINE
FLEXIBLE HOSE (TYP.)
PERMEATE LINE
PERMEATE LINE
PERMEATE LINE
PERMEATE LINE
FLEXIBLE HOSE (TYP.)
PERMEATE LINE
330-GAL 330-GAL
PERMEATE LINE
SODIUM SODIUM
HYPOCHLORITE HYPOCHLORITE
TOTE TOTE
330 GAL. 330 GAL.
CITRIC CITRIC
BALL CHECK VALVE (TYP.)
ACID TOTE ACID TOTE
SPILL CONTAINMENT AREA,
BALL CHECK VALVE (TYP.)
110% OF SINGLE TOTE VOLUME
SODIUM HYPOCHLORITE PUMP (TYP.)
CITRIC ACID PUMP (TYP.)
SPILL CONTAINMENT AREA , 110% OF SINGLE TOTE VOLUME
SODIUM HYPOCHLORITE SCHEMATIC
1
CITRIC ACID SCHEMATIC
M00-05 2
SCALE: NOT TO SCALE
M00-05
SCALE: NOT TO SCALE
FLEXIBLE HOSE (TYP.) PRESSURE RELIEF VALVE (TYP.)
OVERFLOW ACCESS HATCH
CALIBRATION CYLINDER (TYP.)
LINE WITH
VENT
FOOT VALVE RADAR LEVEL SENSOR
SIGHT GLASS (TYP.)
REVERSE FLOAT SIGHT GAUGE MIXING CHAMBER OVERFLOW PIPE
POLYMER
PW CONNECTION TRANSITION SUMP
MAKEUP
VENT PIPE
SKID DIGESTED SLUDGE IN
REACTION TANK MIXER
LEVEL SENSOR EXPANSION
POST ANOXIC
JOINT (TYP.)
ZONE REACTOR 1
PW
BALL CHECK
CONNECTION 100 GAL.
VALVE (TYP.)
FRP POLYMER
STORAGE
TANK FILL STATION
TO SCREW
POLYMER PRESS 5,000 GAL. DUCKBILL
REACTION TANK STEEL CHECK VALVE
STORAGE
TANK
MAGNETIC FLOWMETER POST ANOXIC
ZONE REACTOR 2
DRAIN QUICK DISCONNECT
CONTAINMENT AREA, 110% OF W/ LOCKABLE CAP
WYE STRAINER STORAGE TANK VOLUME
DRAIN
BALL VALVE (TYP.) CARRIER PIPE CONNECTION
METHANOL PUMP (TYP.) FLUSHING
POLYMER SCHEMATIC LIQUID LEVEL GAUGE
3 CONNECTION (TYP.)
REDUCER BALL VALVE (TYP.)
M00-05 TANK CONTAINMENT WITH SUMP WYE STRAINER
SCALE: NOT TO SCALE
METHANOL SCHEMATIC
4
M00-05
CALIBRATION CYLINDER (TYP.) SCALE: NOT TO SCALE
WYE STRAINER FLEXIBLE HOSE (TYP.)
PRESSURE RELIEF VALVE (TYP.)
REDUCER SIGHT GLASS (TYP.)
ANTI-SIPHON VALVE
VENT WITH GOOSENECK
BALL CHECK CARRIER PIPE
VALVE (TYP.)
LEVEL SENSOR
FILL STATION WITH LEVEL INDICATION
TO MBR INFLUENT CHANNEL
6,000 GAL.
STORAGE PROPOSED CHEMICAL SYSTEMS
TANK TRANSITION SUMP SCHEMATICS
DRAIN
CONNECTION
M00-05
POLYALUMINUM
3" TANK DRAIN BALL VALVE (TYP.) CHLORIDE PUMP (TYP.) FLUSHING CONNECTION
(TYP.)
10'-2" DIA., 14'-10" TALL FRP DOUBLE- POLYALUMINUM CHLORIDE SCHEMATIC
5
WALL PACL STORAGE TANK
JANUARY 2026 11 26
M00-05
SCALE: NOT TO SCALE
ATO ATO DRN

CLIENT INFORMATION
3
M01-02
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
2
M01-02
1
M01-02
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 1/4" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
95:92:11
6202/2/2
REVISION
GENERAL NOTES
1. SEE M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS, LEGEND
AND SYMBOLS.
16" TO PRE-EQUALIZATION
TANK
DROP BOX
16" X 16" SLIDE GATE (TYP. OF 2)
SECONDARY SCREEN
16" TO BIOREACTORS
PARSHALL FLUME
SECONDARY SCREEN BYPASS CHANNEL
GRIT SCREW
SCREENINGS AND GRIT REMOVAL BUCKET (TYP.)
PRIMARY SCREEN
PRIMARY SCREEN HYDRAULIC OVERFLOW CHANNEL
0 1' 2' 3' 5'
MANUAL BAR RACK
SCALE: 3/8" = 1'-0"
CANOPY WALLS
STOP PLATE (TYP.)
GRIT CHAMBER BYPASS
16" FROM MANHOLE A
HEADWORKS AND GRIT FACILITY
HEADWORKS AND GRIT FACILITY PLAN
PLAN
1
M01-01
SCALE: 1/4" = 1'-0"
M01-01
JANUARY 2026 12 26
KWS KWS LMA

CLIENT INFORMATION
TOP OF WALL
EL. 38.69
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
TOP OF WALL
EL. 38.69
UPGRADE AND EXPANSION
KEY PLAN
PRIMARY SCREENS
FLOOR
PARSHALL FLUME
EL. 34.00
INVERT
EL. 33.00
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
TOP OF WALL
EL. 38.69
PARSHALL FLUME
INVERT
EL. 33.00
Drawing No.
DROP BOX INVERT
EL. 30.00
Scale: As indicated
Date: Sheet of
Des: Drawn: Check:
MA
85:03:11
6202/2/2
REVISION
GRIT CHAMBER WEIR BAFFLE WALL
SCREENINGS DISCHARGE PRIMARY SCREEN GRIT SCREW
CONTAINER
STOP PLATE
18" X 18" SQUARE ORIFICE
GRIT DISCHARGE CONTAINER
STOP PLATE (TYP.)
16" FROM MANHOLE A CANOPY
WALL
CANOPY WALL
SECTION
1
M01-02 SECTION
SCALE: 3/8" = 1'-0" 2
REF: M01-01
M01-02
SCALE: 3/8" = 1'-0"
REF: M01-01
0 1' 2' 3' 5'
SCALE: 3/8" = 1'-0"
0 2' 4' 8'
SCALE: 1/4" = 1'-0"
ROOF CANOPY
SCREENINGS DISCHARGE CONTAINER CANOPY WALL
PARSHALL FLUME
SECONDARY SCREEN
16" X 16" SLIDE GATE
STOP PLATE
DROP BOX
16" TO PRE-EQUALIZATION TANK
HEADWORKS AND GRIT FACILITY
SECTIONS
M01-02
SECTION
3
M01-02
SCALE: 1/4" = 1'-0"
REF: M01-01 JANUARY 2026 13 26
KWS KWS DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
Drawing No.
Scale: 1/8" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
10:13:8
6202/2/2
REVISION
GENERAL SHEET NOTES 1 Revision 1 Date 1
1. SEE DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, SYMBOLS, ABBREVIATIONS, AND LEGENDS.
2. EX. 6'-6" WIDE GRATED WALKWAY SHOWN WITH GREY
DASHED LINES.
14" MAGNETIC FLOWMETER IN METER VAULT
EX. 14" DIP
14" DIP TO BIOLOGICAL REACTORS EX. GRATED WALKWAY OUTLINE
EX. 12" SS AIR PIPING FROM
FILTER AND BLOWER BUILDING
CAP
PRE-EQ. TANK NO. 1 TRANSFER PUMP PRE-EQ. TANK NO. 2 TRANSFER PUMP
AEROBIC DIGESTER NO. 1
PRE-EQ. TANK NO. 2 SPARE TRANSFER PUMP
SLUDGE TRANSFER PUMP
EX. 10" DIP TO FILTER AND
EX. REMOVABLE
BLOWER BUILDING FLOATING AERATOR
DIFFUSER RACK
(TYP. OF 2 THIS TANK)
(TYP.)
MIXER
TAP EX. 10" LINE WITH
4" X 10" REDUCING TEE PRE-EQ. TANK NO. 1
SPARE TRANSFER PUMP
EX. 3" SS AIR
AEROBIC DIGESTER NO. 1
PRE-EQUALIZATION TANK NO. 1
PRE-EQUALIZATION TANK NO. 2
AEROBIC DIGESTER
NO. 1 SUPERNATANT
TRANSFER PUMP
0 4' 8' 16'
SCALE: 1/8" = 1'-0"
AEROBIC DIGESTER NO. 2
EX. FLOATING MIXER
EX. FLOATING AERATORS EX. FLOATING MIXER
EX. 6" PLUG VALVE (TYP. OF 2)
MIXER
AEROBIC DIGESTER NO. 2
SUPERNATANT TRANSFER PUMP
AEROBIC DIGESTER NO. 2
SLUDGE TRANSFER PUMP
4" DIP
CAP EX. 8" AIR
CAP
EX. 8" SS AIR TO PRE-EQ. TANK NO. 2
EX. 4" DIP
WITHIN EX. PROCESS
AIR VALVE VAULT
PRE-EQUALIZATION TANKS AND
EX. 16" DIP FROM HEADWORKS PRE-EQUALIZATION TANKS AND AEROBIC
AEROBIC DIGESTERS PLAN
DIGESTERS PLAN
1
M02-01
SCALE: 1/8" = 1'-0"
6" WAS FROM MBR
M02-01
JANUARY 2026 14 26
ATO ATO DRN

"0
-
'09
"6
-
'24
101' - 0"
CLIENT INFORMATION
A
M03-02
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
A
M03-02 Drawing No.
Scale: 1/8" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
14:84:7
6202/2/2
REVISION
1 Revision 1 Date 1
GENERAL SHEET NOTES
1. SEE DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, SYMBOLS, ABBREVIATIONS AND LEGENDS.
6-FT WIDE WALKWAY
6-FT WIDE WALKWAY
6-FT WIDE WALKWAY
OXIC ZONE OXIC ZONE
INVENT AERATOR MIXER (TYP. OF 6)
ANOXIC/OXIC SWING ZONE (TYP.)
SCUM BOX (TYP.)
SCUM PUMP (TYP. OF 2)
SCUM TO AEROBIC
DIGESTERS
SCUM TO AEROBIC
DIGESTERS
INTERNAL RECYCLE AXIAL
DE-OXIC ZONE (TYP.) FLOW PUMP (TYP. OF 2)
1" METHANOL 1" METHANOL
POST-ANOXIC ZONE POST-ANOXIC ZONE
PRE-ANOXIC ZONE PRE-ANOXIC ZONE
0 4' 8' 16'
DIFFUSERS (TYP.) SUBMERSIBLE MIXER W/ GUIDE RAIL SCALE: 1/8" = 1'-0"
ANAEROBIC/ ANAEROBIC/
(TYP. OF 11)
PRE-ANOXIC PRE-ANOXIC
SWING ZONE SWING ZONE
MBR INFLUENT CHANNEL
ANAEROBIC ZONE ANAEROBIC ZONE
1" POLYALUMINUM CHLORIDE
1" POLYALUMINUM CHLORIDE
INTERNAL RECYCLE
AXIAL FLOW PUMP
(TYP. OF 2)
INFLUENT
MEMBRANE CASSETTE
(TYP.)
PERMEATE PIPING (TYP.)
AIR SCOUR PIPING (TYP.)
48" X 48" SELF-CONTAINED
MBR MBR MBR MBR
SLIDE GATE (TYP. OF 8)
TRAIN TRAIN TRAIN TRAIN
#1 #2 #3 #4
MBR EFFLUENT CHANNEL
BIOLOGICAL REACTORS AND MBR
OVERALL PLAN
RAS/WAS PROCESS RAS
AIR
M03-01
BIOLOGICAL REACTORS AND MBR OVERALL PLAN
1
M03-01
SCALE: 1/8" = 1'-0"
JANUARY 2026 15 26
LMA LMA DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 1/8" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
24:84:7
6202/2/2
REVISION
1 Revision 1 Date 1
GENERAL SHEET NOTES
1. SEE DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, SYMBOLS, ABBREVIATIONS AND LEGENDS.
PROCESS AIR PIPING (TYP.) BRIDGE CRANE W/ ELECTRIC HOIST
MBR INFLUENT CHANNEL
ANAEROBIC/ PRE-ANOXIC
SWING ZONE 48" X 48" SELF-CONTAINED
SLIDE GATE (TYP. OF 8)
RAS DISTRIBUTION BOX PRE-ANOXIC/OXIC SWING ZONE PRE-ANOXIC ZONE
MBR EFFLUENT CHANNEL
INVENT AERATOR MIXER (TYP.)
AIR SCOUR PIPING (TYP.)
WALKWAY
OXIC ZONE
TOW EL. 31.0
PERMEATE PIPING (TYP.)
AVERAGE HWL EL. 28.0 APPROX. GRADE EL. +/-28.0
BOTTOM OF CHANNEL EL. 22.0
BOTTOM OF MBR TANK EL. 16.0
0 4' 8' 16'
TANK FLOOR EL. 10.0 SCALE: 1/8" = 1'-0"
MEMBRANE CASSETTE
FLOW DISTRIBUTION
(TYP.)
BOX
ANAEROBIC ZONE
SUBMERSIBLE MIXER W/
GUIDE RAIL (TYP.)
SECTION
A
M03-02
SCALE: 1/8" = 1'-0"
REF: M03-01
BIOLOGICAL REACTORS AND MBR
OVERALL SECTION
M03-02
JANUARY 2026 16 26
LMA LMA DRN

60' - 0"
"0
-
'04
CLIENT INFORMATION
TOWN OF CENTREVILLE
B
M04-03
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
A A
M04-03 M04-03
30% DESIGN
NOT FOR CONSTRUCTION
B
M04-03
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 3/16" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
00:40:8
6202/2/2
GENERAL SHEET NOTES
1. REFER TO DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS, SYMBOLS, AND LEGENDS.
2. HVAC EQUIPMENT IS NOT SHOWN.
PERMEATE
TO
PERMEATE
TANK
WAS TO
AEROBIC
DIGESTERS
RAS/WAS PUMP (TYP. OF 4)
0 2' 4' 6' 10'
SCALE: 3/16" = 1'-0"
PERMEATE PUMP
(TYP. OF 4)
PERMEATE PERMEATE PERMEATE PERMEATE
FROM MBR FROM MBR FROM MBR FROM MBR
TRAIN #4 TRAIN #3 TRAIN #2 TRAIN #1
RAS/WAS
RAS TO
FROM MBR
BIOLOGICAL
EFFLUENT
REACTORS
CHANNEL
MBR PROCESS BUILDING LOWER LEVEL PLAN
1
M04-01
SCALE: 3/16" = 1'-0"
MBR PROCESS BUILDING LOWER
LEVEL PLAN
M04-01
JANUARY 2026 17 26
LMA LMA DRN
PU
SRIATS
REVISION
1 Revision 1 Date 1
WAS FLOW CONTROL VALVE
WAS MAGNETIC FLOW METER
PLUG VALVE (TYP.)
DUPLEX AIR COMPRESSOR
6-FT X 6-FT ACCESS
HATCH (ABOVE)
PUMP ROOM
4'-0" WIDE TRENCH DRAIN
5'-0" X 5'-0" X 5'-0" DEEP SUMP
BELOW STAIRS

20' - 0" 60' - 0" 17' - 0"
"0
-
'04
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
B
M04-03 CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
A A
M04-03 M04-03 NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
B
LICENSE NO. ___________
M04-03
EXPIRATION DATE: ____________________
Drawing No.
Scale: 3/16" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
10:40:8
6202/2/2
GENERAL SHEET NOTES
1. REFER TO DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS, SYMBOLS, AND LEGENDS.
2. HVAC EQUIPMENT IS NOT SHOWN.
SHEET KEYNOTES
X
1. SEE ELECTRICAL DRAWINGS FOR ELECTRICAL ROOM
LAYOUT AND EQUIPMENT.
PROCESS BLOWER
(TYP. OF 4)
SODIUM HYPOCHLORITE TOTE (TYP. OF 2)
68" WIDE X 84" TALL
DOUBLE DOOR (TYP.)
ELECTRICAL ROOM
MBR CHEMICAL ROOM
CITRIC ACID TOTE (TYP. OF 2)
PERISTALTIC CHEMICAL
BLOWER ROOM
METERING SKID (TYP. OF 3)
AIR SCOUR BLOWER
0 2' 4' 6' 10'
(TYP. OF 5)
PHOSPHORUS
CHEMICAL ROOM
SCALE: 3/16" = 1'-0"
AIR AIR AIR AIR AIR
PROCESS
SCOUR SCOUR SCOUR SCOUR SCOUR
AIR
MBR PROCESS BUILDING GRADE LEVEL PLAN
1
M04-02
SCALE: 3/16" = 1'-0"
MBR PROCESS BUILDING UPPER
LEVEL PLAN
M04-02
JANUARY 2026 18 26
LMA LMA DRN
NWOD
SRIATS
REVISION
1 Revision 1 Date 1
10-FT WIDE X 12-FT HIGH 48" X 48" BLOWER
OVERHEAD DOOR INTAKE LOUVER
(TYP. OF 9)
EMERGENCY EYEWASH/SHOWER (TYP. OF 2)
1
6-FT X 6-FT
ACCESS HATCH
MOTOR CONTROL
CENTER
2" PACL FILL
36" WIDE X 84"
TALL PERSONNEL
DOOR (TYP.)
12-FT X 12-FT REMOVABLE
TRANSLUCENT WALL PANEL
10'-2" DIA. 14'-10" TALL POLYALUMINUM
CHLORIDE (PACL) DOUBLE WALL STORAGE TANK

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
A
M04-03
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
A
M04-03
Scale: 3/16" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
30:40:8
6202/2/2
REVISION
1 Revision 1 Date 1
GENERAL SHEET NOTES
1. REFER TO DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, ABBREVIATIONS, SYMBOLS, AND LEGENDS.
2. HVAC EQUIPMENT IS NOT SHOWN.
TOP OF WALL EL. 50.0
SHEET KEYNOTES
X
PHOSPHORUS
1. SEE ELECTRICAL DRAWINGS FOR ELECTRICAL ROOM
CHEMICAL ROOM
LAYOUT AND EQUIPMENT.
BLOWER ROOM
CEILING EL. 42.0
AIR SCOUR BLOWER
MOTOR CONTROL (TYP. OF 5)
ELECTRICAL ROOM 1
CENTER
2" PACL FILL
FIRST FLOOR EL. 30.0
PUMP ROOM
10'-2" DIA. 14'-10" TALL PACL
DOUBLE-WALL STORAGE TANK
PERISTALTIC CHEMICAL
METERING SKID (TYP.)
BASEMENT EL. 16.0
BOTTOM OF TRENCH EL. 11.0 PERMEATE PUMP
(TYP. OF 4)
5'-0" X 5'-0" X 5'-0" DEEP SUMP
BELOW STAIRS
SECTION
A
SUMP PUMP M04-03 SCALE: 3/16" = 1'-0"
REF: M04-01
0 2' 4' 6' 10'
SCALE: 3/16" = 1'-0"
TOP OF WALL EL. 50.0
BLOWER ROOM
PROCESS
AIR
PROCESS
AIR SCOUR BLOWER
BLOWER
(TYP. OF 5)
(TYP. OF 4)
AIR
FIRST FLOOR EL. 30.0
SCOUR
DUPLEX AIR
COMPRESSOR PUMP ROOM
RAS/WAS
DISCHARGE
PERMEATE PUMP
PERMEATE
CL. EL. 22.5
(TYP. OF 4)
FROM MBR
RAS/WAS
SUCTION CL.
EL. 17.7
BASEMENT EL. 16.0
MBR PROCESS BUILDING SECTIONS
BOTTOM OF TRENCH EL. 11.0
4'-0" WIDE TRENCH
DRAIN
M04-03
SECTION
B
M04-03 SCALE: 3/16" = 1'-0"
REF: M04-01 JANUARY 2026 19 26
LMA LMA DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
1 1 SIGNATURE
M05-02 M05-02
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 3/8" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
40:75:01
6202/2/2
REVISION
GENERAL NOTES 1 Revision 1 Date 1
1. SEE DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, SYMBOLS, ABBREVIATIONS, AND LEGENDS
EX. 12" SS AIR PIPING
TO PRE-EQUALIZATION
TANKS AND AEROBIC
DIGESTERS
BLOWER ROOM
EX. BLOWER (TYP.)
14" DIP TO EX. AND
NEW EFFLUENT
PUMP STATIONS
EX. SODIUM HYPOCHLORITE 100 GAL TOTE 0 1' 2' 3' 5'
SCALE: 3/8" = 1'-0"
10" DIP FROM
AEROBIC DIGESTERS
POLYMER STORAGE TANK
POTABLE WATER CONNECTION
POLYMER REACTION TANK
IN-LINE UV UNIT SCREW PRESS
(TYP. OF 2)
BELT CONVEYOR
2" AIR RELEASE VALVE (TYP.)
POLYMER DOSING PUMPS
14" DIP TO EX. AND
NEW EFFLUENT
PUMP STATIONS
FILTER AND BLOWER BUILDING PLAN
1
M05-01
SCALE: 3/8" = 1'-0"
14" DIP FROM PERMEATE TANK
FILTER AND BLOWER BUILDING PLAN
DUMPSTER
M05-01
JANUARY 2026 20 26
KWS KWS DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
TOP OF NORTH WALL
EL. 35.17
GRAPHIC SCALES
SIGNATURE
FINISHED FLOOR
EL. 24.50 30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 3/8" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
75:63:9
6202/2/2
REVISION
GENERAL NOTES
1. SEE DRAWING M00-01 FOR PROCESS MECHANICAL
GENERAL NOTES, SYMBOLS, ABBREVIATIONS, AND LEGENDS
POLYMER REACTION TANK
POLYMER MAKEUP UNIT
14" BUTTERFLY VALVE (TYP.)
UV UNIT
2" AIR RELEASE VALVE
CONVEYOR SCREW PRESS
0 1' 2' 3' 5'
SCALE: 3/8" = 1'-0"
10" DIGESTED SLUDGE
14" DIP TO EX. AND
NEW EFFLUENT PUMP
STATIONS
SECTION
1
M05-02
SCALE: 3/8" = 1'-0"
REF: M05-01
FILTER AND BLOWER BUILDING
SECTION
M05-02
JANUARY 2026 21 26
KWS KWS DRN

CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
Drawing No.
Scale: 3/4" = 1'-0"
Date: Sheet of
Des: Drawn: Check:
MA
23:23:01
6202/2/2
REVISION
GENERAL SHEET NOTES 1 Revision 1 Date 1
1. SEE M00-01 FOR PROCESS MECHANICAL GENERAL NOTES,
SYMBOLS, AND ABBREVIATIONS.
BOLLARD (TYP.)
5,000 GALLON DOUBLE-
WALLED METHANOL STORAGE
TANK. UL 2085
STAIRS AND ACCESS PLATFORM
FUTURE PORTS
3" FILL PORT
LIQUID LEVEL GAUGE
3" SS FILL LINE
24" MANHOLE WITH 8" EMERGENCY VENT
4" FEMALE COUPLING FOR LEVEL SENSOR
BALL VALVE (TYP.) 0 1' 2' 3'
2" VENT PIPE WITH SS PRESSURE/VACUUM VENT
SCALE: 3/4" = 1'-0"
2" FEMALE COUPLING FEED SUCTION
METHANOL PUMP (TYP.)
2" SS METHANOL
PUMP SUCTION
1" SS METHANOL PUMP DISCHARGE
(ORIENTED ABOVE PUMP SUCTION)
METHANOL FILL STATION
2-1" PIPES IN A 4" CARRIER PIPE TO
BIOLOGICAL REACTORS
TRANSITION SUMP
METHANOL FACILITY PLAN
2
M06-01 METHANOL FACILITY PLAN
SCALE: 3/4" = 1'-0"
M06-01
JANUARY 2026 22 26
ATO SR DRN

3
M07-01
3' - 0"
1
M07-01
14' - 4"
"01
-
'7
5' - 0 5/8"
"23/12
5
-
'2
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
TOP OF WET WELL TOP OF WET WELL
25' - 0" 25' - 0"
SIGNATURE
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND
THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE
OF MARYLAND,
LICENSE NO. ___________
EXPIRATION DATE: ____________________
BOTTOM OF WET BOTTOM OF WET
WELL WELL
10' - 0" 10' - 0"
Drawing No.
Scale: As indicated
Date: Sheet of
Des: Drawn: Check:
MP
24:70:21
6202/2/2
REVISION
6" TO TIE INTO 10" DIP TO SPRAY FIELDS
14" UV EFFLUENT
FROM FILTER AND
BLOWER BUILDING
GENERAL NOTES
1. SEE DRAWING M00-01 FOR PROCESS
MECHANICAL GENERAL NOTES, SYMBOLS,
ABBREVIATIONS, AND LEGENDS
DOUBLE DOOR HATCH OUTLINE
12" FROM EX. EFFLUENT PUMP STATION
EFFLUENT PUMPS
12" EFFLUENT
TO CHLORINE
CONTACT
TANK
DOUBLE DOOR HATCH
PLAN
2 DOUBLE DOOR HATCH
M07-01
SCALE: 3/4" = 1'-0"
0 1' 2' 3'
SCALE: 3/4" = 1'-0"
0 1' 2' 4'
SCALE: 1/2" = 1'-0"
14" UV EFFLUENT
FROM FILTER AND
BLOWER BUILDING 14" UV EFFLUENT
INV. EL. 20.00
3" GUIDE RAILS
12" FROM EX. EFFLUENT PUMP
STATION
12" EFFLUENT TO CHLORINE CONTACT TANK
INV. EL. 13.0
6" PUMP DISCHARGE TO TIE
INTO 10" DIP TO SPRAY FIELDS EFFLUENT PUMP
EFFLUENT PUMP STATION PLAN &
SECTIONS
SECTION
3
SECTION M07-01
1 M07-01 SCALE: 1/2" = 1'-0"
M07-01 REF: M07-01
SCALE: 1/2" = 1'-0"
REF: M07-01
JANUARY 2026 23 26
KWS KWS LMA

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
Drawing No.
Scale:
Date: JANUARY 2026
Des: Drawn: Check:
ma02:9
-
6202
,72
naJ
gwd.desoporP-margaiD
eniL
enO
10-40E\NOITCUDORP\SGNIWARD
50\edargpU
RNE
PTWW
ellivretneC
fo
nwoT
2032ARW
20\ARW\STCEJORP\:Z
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
LICENSE NO. 8050
EXPIRATION DATE: 08/19/2027
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231
ONE LINE DIAGRAM
NEW WORK
E04-01
NONE
10902 REISTERSTOWN ROAD
Sheet 2 4 of 26
OWINGS MILLS, MD 21117
PH: (410) 356 1095 KK KK RK

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
Drawing No.
Scale:
Date: JANUARY 2026
Des: Drawn: Check:
ma42:9
-
6202
,92
naJ
gwd.tuoyaL
mooR
lacirtcelE
dna
noitavelE
CCM
30-40E
DNA
20-40E\NOITCUDORP\SGNIWARD
50\edargpU
RNE
PTWW
ellivretneC
fo
nwoT
2032ARW
20\ARW\STCEJORP\:Z
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
LICENSE NO. 8050
EXPIRATION DATE: 08/19/2027
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231
PROPOSED MCC IN
MBR PROCESS BUILDING
E04-02
1/2" = 1'-0"
10902 REISTERSTOWN ROAD
Sheet 2 5 of 26
OWINGS MILLS, MD 21117
PH: (410) 356 1095 KK KK RK

REVISION
CLIENT INFORMATION
TOWN OF CENTREVILLE
116 JOHNSTOWN LANE, CENTREVILLE, MD
CENTREVILLE WWTP ENR
UPGRADE AND EXPANSION
KEY PLAN
GRAPHIC SCALES
SIGNATURE
Drawing No.
Scale:
Date: JANUARY 2026
Des: Drawn: Check:
ma74:9
-
6202
,72
naJ
gwd.tuoyaL
mooR
lacirtcelE
dna
noitavelE
CCM
30-40E
DNA
20-40E\NOITCUDORP\SGNIWARD
50\edargpU
RNE
PTWW
ellivretneC
fo
nwoT
2032ARW
20\ARW\STCEJORP\:Z
30% DESIGN
NOT FOR CONSTRUCTION
PROFESSIONAL CERTIFICATION.
I HEREBY CERTIFY THAT THESE DOCUMENTS
WERE PREPARED OR APPROVED BY ME, AND THAT
I AM A DULY LICENSED PROFESSIONAL ENGINEER
UNDER THE LAWS OF THE STATE OF MARYLAND,
LICENSE NO. 8050
EXPIRATION DATE: 08/19/2027
Whitman, Requardt & Associates, LLP
801 South Caroline Street, Baltimore, Maryland 21231
PROPOSED MCC ELEVATION
E04-03
NONE
10902 REISTERSTOWN ROAD
Sheet 2 6 of 26
OWINGS MILLS, MD 21117
PH: (410) 356 1095 KK KK RK

APPENDIX B -- PROPOSAL FORMS

ADDENDUM CERTIFICATION
Project Number: OWNER Project Number XXXX
Project Name: TOWN OF CENTREVILLE, MARYLAND MEMBRANE BIOREACTOR
SYSTEM FOR THE CENTREVILLE WWTP ENHANCED NUTRIENT REMOVAL (ENR)
UPGRADE AND EXPANSION
The undersigned acknowledges that he/she received the following Addenda to the Request for
Proposals for the above-identified project, and that this proposal was prepared in accordance
with said Addenda.
Addendum Number: Date of Addendum:
___________________ ___________________________
___________________ ___________________________
___________________ ___________________________
___________________ ___________________________
PROPOSER:
(PROPOSER)
(Address)
DATE:
Signature:
Name and Title:

COST PROPOSAL FORM
The following Proposal is hereby made to the:
TOWNof Centreville, Maryland
c/o Whitman, Requardt & Associates, LLP
ATTN: Mr. David Nixson, P.E.
801 South Caroline Street
Baltimore, MD 21231
DESCRIPTION OF WORK. The undersigned hereby proposes and agrees to furnish all labor,
services, materials, equipment and all other items and facilities necessary to supply the
Membrane Bioreactor System as specified in the attached PROPOSER's PROPOSAL in
accordance with the OWNER's Proposal Documents entitled "Membrane Bioreactor (MBR)
System for the Centreville WWTP Enhanced Nutrient Removal (ENR) Upgrade and Expansion”,
for the Town of Centreville WWTP, Centreville, Maryland".
DOCUMENTS. This proposal is a complete document that conforms to all of the requirements
of the “Request For Proposal Membrane Bioreactor (MBR) System for the Centreville WWTP
Enhanced Nutrient Removal (ENR) Upgrade and Expansion” for the Town of Centreville
WWTP, Centreville, Maryland". Included with this document are the PROPOSER's Proposal,
and PROPOSER Proposal Forms.

BID SCHEDULE
For the Membrane Bioreactor (MBR) System for the Centreville WWTP Enhanced Nutrient
Removal (ENR) Upgrade and Expansion Project, for the Town of Centreville WWTP,
Centreville, Maryland the System Cost shall be as stated within this Request for Proposal. Such
price may be adjusted for escalation as defined in this Request for Proposal.
Item Unit Quantity Price
1. MBR System Lump Sum 1
2. Services During Design Lump Sum 1
3. Services during
Lump Sum 1
Fabrication/Startup/Commissioning/
Testing
101. GRAND TOTAL Lump Sum 1

PROPOSER AS PRINCIPAL
Company: (Corp. Seal)
(Company Name)
(Address)
(Telephone Number and Extension)
DATE:
Signature:
Name, Title, and Email:
_____________________________________

APPENDIX C -- PROPOSAL BOND FORM

PROPOSAL BOND (PENAL SUM FORM)
Bidder Surety
Name: Name:
Address (principal place of business): Address (principal place of business):
OWNER Bid
Project (name and location): Centreville WWTP
Name: Town Council of Centreville
ENR
Address (principal place of business): Upgrade and Expansion
101 Lawyers Row 116 Johnstown Lane
Centreville, MD 21617 Centreville, MD 21617
Bid Due Date:
Bond
Penal Sum:
Date of
BSuornedty: and Bidder, intending to be legally bound hereby, subject to the terms set forth in this
Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or
representative.
Bidder Surety
(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)
By: By:
(Signature) (Signature) (Attach Power of Attorney)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Email: Email:
Attest: Attest:
(Signature) (Signature)
Name: Name:
(Printed or typed) (Printed or typed)
Title: Title:
Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as
joint venturers, if necessary.
EJCDC® C-430, Bid Bond (Penal Sum Form).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 3

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face
of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of
such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon
default of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the
Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed
Agreement required by the Bidding Documents and any performance and payment bonds required
by the Bidding Documents.
3. This obligation will be null and void if:
3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement
required by the Bidding Documents and any performance and payment bonds required by the
Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed to in writing by Bidder and, if applicable,
consented to by Surety when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar
days after receipt by Bidder and Surety of written notice of default from Owner, which notice will
be given with reasonable promptness, identifying this Bond and the Project and including a
statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue
Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing
Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due
date without Surety’s written consent.
6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of
default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than
one year after the Bid due date.
7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective
addresses shown on the face of this Bond. Such notices may be sent by personal delivery,
commercial courier, or by United States Postal Service registered or certified mail, return receipt
requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing
the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to
execute, seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable
requirement of any applicable statute that has been omitted from this Bond will be deemed to be
included herein as if set forth at length. If any provision of this Bond conflicts with any applicable
EJCDC® C-430, Bid Bond (Penal Sum Form).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 3

statute, then the provision of said statute governs and the remainder of this Bond that is not in
conflict therewith continues in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
EJCDC® C-430, Bid Bond (Penal Sum Form).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 3

APPENDIX D -- EXAMPLE AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between [name of contracting entity] (“Owner”) and [name of contracting
entity] (“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the
Supplementary Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows: [Brief description of Work]
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: [Brief description of Project]
ARTICLE 3—ENGINEER
3.01 The Owner has retained [insert name of engineering firm] (“Engineer”) to act as Owner’s
representative, assume all duties and responsibilities of Engineer, and have the rights and
authority assigned to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by [insert “Engineer” if an
entity has been identified as such in Paragraph 3.01, and that same entity prepared the
design; or indicate by name the entity other than Engineer that prepared the design].
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially complete on or before [date], and completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before
[date].
4.03 Contract Times: Days
A. The Work will be substantially complete within [number] days after the date when the
Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions,
and completed and ready for final payment in accordance with Paragraph 15.06 of the
General Conditions within [number] days after the date when the Contract Times commence
to run.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

4.04 Milestones
A. Parts of the Work must be substantially completed on or before the following Milestone(s):
1. Milestone 1 [event & date/days]
2. Milestone 2 [event & date/days]
3. Milestone 3 [event & date/days]
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. The parties also
recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay (but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner $[number] for each day that expires
after the time (as duly adjusted pursuant to the Contract) specified above for Substantial
Completion, until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted
pursuant to the Contract) for completion and readiness for final payment, Contractor
shall pay Owner $[number] for each day that expires after such time until the Work is
completed and ready for final payment.
3. Milestones: Contractor shall pay Owner $[number] for each day that expires after the
time (as duly adjusted pursuant to the Contract) specified above for achievement of
Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial
Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply,
rather than the Milestone rate.
4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and
final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages, whether actual, direct, excess, or
consequential, for such delay, except for special damages (if any) specified in this Agreement.
C. Bonus: Contractor and Owner further recognize the Owner will realize financial and other
benefits if the Work is completed prior to the time specified for Substantial Completion.
Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall
pay Contractor $[number] for each day prior to the time specified above for Substantial
Completion (as duly adjusted pursuant to the Contract) that the Work is substantially
complete. The maximum value of the bonus will be limited to $[number].
4.06 Special Damages
A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct
result of the Contractor’s failure to attain Substantial Completion according to the Contract
Times, and (2) for the actual costs reasonably incurred by Owner for engineering,
construction observation, inspection, and administrative services needed after the time
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the
Contract), until the Work is substantially complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail
to complete the remaining Work within the Contract Times, Contractor shall reimburse
Owner for the actual costs reasonably incurred by Owner for engineering, construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted
pursuant to the Contract), until the Work is completed and ready for final payment.
C. The special damages imposed in this paragraph are supplemental to any liquidated damages
for delayed completion established in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents, the amounts that follow, subject to adjustment under the Contract:
A. For all Work other than Unit Price Work, a lump sum of $[number].
All specific cash allowances are included in the above price in accordance with
Paragraph 13.02 of the General Conditions.
B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for
each separately identified item of Unit Price Work by multiplying the unit price times the
actual quantity of that item).
Unit Price Work
Ite Estimate
Unit Extended
m Description Unit d
Price Price
No. Quantity
$ $
$ $
$ $
$ $
$ $
Total of all Extended Prices for Unit Price Work (subject to final
$
adjustment based on actual quantities)
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are
based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer.
C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment)
$[number].
D. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by Engineer as provided in
the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment
on or about the [ordinal number, such as 5th] day of each month during performance of the
Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment
have been submitted in a timely manner and otherwise meet the requirements of the
Contract. All such payments will be measured by the Schedule of Values established as
provided in the General Conditions (and in the case of Unit Price Work based on the number
of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in
the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a. [number] percent of the value of the Work completed (with the balance being
retainage).
1) If 50 percent or more of the Work has been completed, as determined by Engineer,
and if the character and progress of the Work have been satisfactory to Owner and
Engineer, then as long as the character and progress of the Work remain
satisfactory to Owner and Engineer, there will be no additional retainage; and
b. [number] percent of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to [number] percent of the Work completed, less such amounts set
off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less [number]
percent of Engineer’s estimate of the value of Work to be completed or corrected as shown
on the punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate of [number] percent per annum.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list
attached).
6. Drawings (not attached but incorporated by reference) consisting of [number] sheets
with each sheet bearing the following general title: [title on Drawings].
7. Drawings listed on the attached sheet index.
8. Addenda (numbers [number] to [number], inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. [list exhibits]
10. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in the
Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the effect
of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor’s safety
precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and conditions of the
Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is accepr to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this
Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of Owner,
(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive
Owner of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published
by the Engineers Joint Contract Documents Committee, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor, through a process such as
highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on [indicate date on which Contract becomes effective] (which is the
Effective Date of the Contract).
Owner: Contractor:
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual’s signature) (individual’s signature)
Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
(If [Type of Entity] is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)
Attest: Attest:
(individual’s signature) (individual’s signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
Designated Representative: Designated Representative:
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:
Phone: Phone:
Email: Email:
(If [Type of Entity] is a corporation, attach evidence of License No.:
authority to sign. If [Type of Entity] is a public body,
(where applicable)
attach evidence of authority to sign and resolution or
State:
other documents authorizing execution of this
Agreement.)
EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

APPENDIX E -- STATE REVOLVING FUND LOAN INSERT

January 2026
REQUIREMENTS AND CONTRACT PROVISIONS FOR THE TREATMENT WORKS PROJECTS
FINANCED THROUGH THE MARYLAND WATER QUALITY REVOLVING LOAN FUND
AND THE MARYLAND DRINKING WATER REVOLVING LOAN FUND
DEPARTMENT OF THE ENVIRONMENT
STATE OF MARYLAND
The project or segment thereof to be constructed in accordance with these contract documents is subject to the
following requirements. In the event of conflict with other requirements of the contract documents, the following
requirements control unless the requirement is a minimum requirement. Nothing in this document shall be construed to
prohibit the owner from requiring additional assurances, guarantees, indemnities, or other contractual requirements from
any other party to this agreement.
I. ASSURANCES FOR COMPLIANCE WITH THE FOLLOWING FEDERAL AND STATE LAWS
AND REGULATIONS:
1. NON-DISCRIMINATION IN EMPLOYMENT
2. DEBARMENT
3. ANTI-KICKBACK
4. CONTRACT WORK HOURS AND SAFETY STANDARDS.
5. COMPLIANCE WITH CFR 40 247– 254 (RCRA - SECTION 6002)
6. COMPLIANCE WITH PREVAILING FEDERAL WAGE RATES UNDER THE DAVIS-
BACON AND RELATED ACTS IN ACCORDANCE TO SECTION VI OF THIS DOCUMENT
7. MARYLAND ANTIDEGRADATION IMPLEMENTATION PROCEDURES
8. COMPLIANCE WITH BUILD AMERICA, BUY AMERICA (BABA) ACT
9. PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR 200.216)
II. DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
• GUIDANCE DOCUMENTS AND FORMS
(Performance of the good faith steps are required, regardless of goal achievement. All information
is to be submitted to the owner, prior to the owner’s award of the contract, UNLESS OTHERWISE
DIRECTED BY THE OWNER).
III. PRESIDENTIAL DOCUMENTS
• ATTACHMENT II
EXECUTIVE ORDER 13202 of February 17, 2001
EXECUTIVE ORDER 13208 of April 8, 2001
IV. SEVERABILITY
V. PROJECT SIGNS
VI. FEDERAL WAGE RATE REQUIREMENTS UNDER THE DAVIS-BACON AND RELATED ACTS
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I. ASSURANCES
The contractor is required to comply with the Federal laws and regulations in regard to non-discrimination in
employment, debarment, anti-kickback, contract work hours and safety standards, and prevailing Federal wage
rates under the Davis-Bacon and related acts as delineated below.
1. Non-discrimination in Employment:
The contractor is required to comply with Executive Order 11246 of September 24, 1965 entitled “Equal
Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967.
The contract for the work under this proposal will obligate the prime contractor and its subcontractors
not to discriminate in employment practices.
The contractor shall not maintain or provide for his/her employees the facilities, which are segregated on
a basis of race, creed, color, or national origin, whether such facilities are segregated by directive or on a
de facto basis.
The contractor must, if requested, submit a compliance report concerning their employment practices
and policies in order to maintain his/her eligibility to receive the award of the contract.
The contractor must be prepared to comply in all respects with the Contract Provisions regarding non-
discrimination, as stipulated under the Labor Standards.
2. Debarment:
Under Executive Order 12549, an individual or organization debarred from participation in Federal
assistance or benefit programs may not receive any assistance award under a Federal program, or a sub-
agreement thereunder for $25,000 or more.
Therefore, the bidder as an individual or as an organization, presently debarred, suspended, proposed
for debarment, will be declared ineligible to participate in bidding the proposed contract as a prospective
recipient of financial assistance from the Maryland Department of the Environment.
The contractor shall not enter into any sub-contract with any individual, firm or organization debarred
from Government contracts pursuant to Executive Order 11246.
3. Anti-kickback:
The contractor and/or its sub-contractors shall comply with the Copeland “Anti-Kickback” Act (18
U.S.C. 874). Any evident illicit kickback practice in any shapes or forms will cause termination of the
contract.
4. Contract Work Hours and Safety Standards:
The contractor and/or its sub-contractors shall comply with Sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330).
5. Compliance with 40 CFR: 247– 254 (RCRA - Section 6002):
The contractor shall comply with the guidelines contained in 40 CFR 247– 254 (Section 6002 of the
Resource Conservation and Recovery Act).
State and local recipients and sub-recipients of grants, loans, cooperative agreements or other
instruments funded by appropriated Federal funds shall give preference in procurement programs to
the purchase of recycled products pursuant to the EPA guidelines.
6. Compliance with Prevailing Federal Wage Rates under the Davis-Bacon and Related Acts in
accordance to Section VI of this document.
All laborers and mechanics employed by contractors and sub-contractors on projects funded directly
by or assisted in whole or in part by and through the Federal Government programs including the
State Revolving Loan fund shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards
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January 2026
specified in this section, the Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C.App.) and section 3145 of title 40,
United States Code. Most recent Federal prevailing wages can be obtained from:
https://sam.gov/content/wage-determinations
The prevailing wage determination category that should be used for this project is Heavy
Construction (including water and sewer). This determination is based on the Federal Department
of Labor Wage and Hour Division classification.
7. Maryland Antidegradation Implementation Procedures:
The Clean Water Act requires three components to water quality standards that set goals for and
protect each States’ waters. The three components are: (1) designated uses that set goals for each
water body (e.g., recreational use), (2) criteria that set the minimum conditions to support the use
(e.g., bacterial concentrations below certain concentrations) and (3) an antidegradation policy that
maintains high quality waters so they are not allowed to degrade to meet only the minimum
standards. The designated uses and criteria set the minimum standards for Tier I.
Maryland’s antidegradation policy has been promulgated in three regulations: COMAR 26.08.02.04
sets out the policy itself, COMAR 26.08.02.04-1, provides for identification and implementation of
Tier II (high quality waters) of the antidegradation policy, and COMAR 26.08.02.04-2 that describes
Tier III (Outstanding National Resource Waters or ONRW), the highest quality waters. No Tier III
waters have been designated at this time. Any capital funding project occurring within Tier II
catchment areas, which are areas that drain to Maryland’s high quality designated Tier II stream
segments, must undergo Antidegradation Review.
To determine if your project is located within Tier II catchment area, please contact Ms. Angel
Valdez of MDE Environmental Standards and Assessment Program, at (410) 537-3606, or at
angel.valdez@maryland.gov.
Please be aware that projects subject to an Antidegradation or Tier II review must adequately
address comments that arise during the review before funding can be granted.
How Tier II Stream Segments are Designated
• Currently high quality stream segments are designated for the characteristic of biology
using Maryland Biological Stream Survey (or comparable) data
• Streams are recorded in Table O (COMAR 26.08.02.04-1) and the pending list of streams
awaiting promulgation or corrections is maintained on the MDE website.
The Basic Antidegradation Review Process
Many of the projects funded by the Water Infrastructure Financing Administration (WIFA) at MDE
result in a net improvement to water quality. As a result, the antidegradation review process for
WIFA generally involves making sure that any land disturbance activities associated with the project
includes additional controls. Any other antidegradation reviews specific to project discharges (e.g.
end-of-pipe) will be addressed separately through the permitting process.
To help expedite the review process the following list of practices has been provided. These practices
include “accelerated stabilization, redundant controls, increased riparian buffers, passive or active
chemical treatment, or a reduction in the size of the grading unit” as stated in the 2011 Maryland
Standards and Specifications for Soil Erosion and Sediment Control to address Tier II issues. All
practices implemented should be evident in plans. When using the list below to aide in planning keep
in mind that application and site specifics will ultimately determine each recommendation’s
applicability. Also realize that this list is not exhaustive and additional practices may be identified as
specific plans become available.
• Initial Considerations: including limiting vegetative disturbances, phasing and/or
sequencing, accelerated stabilization, minimum weekly inspections, and timing of in-stream
work to low flow periods or clear weather forecasts
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• Expanded Riparian Buffers (for new structures/expansions only): from 100 to 230 feet,
depending upon slope and soil composition, on all intermittent and perennial streams within
project footprint to help further address direct hydrologic impacts to surface waters. See
Table 1 for more details.
Table 1
Adjusted Average Optimal Buffer Width Key for HQ Waters (minimum
width 100 feet)
Slopes (%)
Hydrologic Soil
Group 0-5% 5-15% 15-25% >25%
Ab 100 130 160 190
C 120 150 180 210
D 140 170 200 230
• Streamside Management Zones (buffer areas for utility projects): where disturbance and
work cannot be avoided, utilize minimally disturbing & selective vegetative clearing
methods, restorative planting (not seeding) for major near-stream clearings totaling 1 acre
or more, no mulch placement within the streamside management zones, if possible allow
small shrub growth
• Enhanced Buffer Management: including sheetflow of discharge beyond the minimum 100
foot vegetative buffer or implementing redundant mechanisms in dewatering exercises such
as devices in manifold, use of chemical filtration aides, combining two practices such as filter
bags with vegetated buffers and silt fencing. Also incorporation of super silt fencing or an
equivalent practice when working near streams.
• Enhanced Temporary Access Waterways Crossings: including utilizing horizontal
directional drilling/jack and bore for all major stream crossings or sensitive crossings,
including a frac-out plan; preferential use of partial diversions (where possible); and
utilization of temporary access bridges over fords.
• Special Concern- pH and Water Quality: For all activities related to in-stream grout
placement, either in bags or as fill:
1. To prevent impacts to in-stream pH, such operations should occur “in-the-dry”.
2. An emergency treatment plan should be in place to address accidental material releases.
3. Cure time allotted should reflect chemically stable grout material and should also
represent the most conservative time in the expected cure range.
4. The water quality standard numeric criteria for pH must be met in the ‘first flush’
before diversion is removed.
• Stormwater Management: follow the current guidelines within the Maryland Stormwater
Design Manual (2009 Revised), including ESD to the MEP or other non-structural practices
8. COMPLIANCE WITH BUILD AMERICA, BUY AMERICA (BABA) ACT
None of the funds made available by a State water pollution control revolving fund as authorized by title
VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking
water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a
public drinking water system or water quality unless all of the iron, steel, manufactured products, and
construction materials used in the project are produced in the United States (Build America, Buy America
(BABA) Act, P.L. 117-58, Secs 70911 - 70917).
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January 2026
The Act requires the following Buy America preference:
(1) All iron and steel used in the project are produced in the United States. This means all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States.
(2) All manufactured products used in the project are produced in the United States. This means the
manufactured product was manufactured in the United States, and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United States is greater than
55 percent of the total cost of all components of the manufactured product, unless another standard
for determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation.
(3) All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States. The “construction materials”
include an article, material, or supply other than an item of primarily iron or steel; a manufactured
product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate
binding agents or additives that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials,
and polymers used in fiber optic cables);
• glass (including optic glass);
• lumber; or
• drywall.
To provide clarity to item, product, and material manufacturers and processers, we note that items that
consist of two or more of the listed materials that have been combined together through a manufacturing
process, and items that include at least one of the listed materials combined with a material that is not listed
through a manufacturing process, should be treated as manufactured products, rather than as construction
materials. For example, a plastic framed sliding window should be treated as a manufactured product
while plate glass should be treated as a construction material.
Certification Process:
The final manufacturer that delivers the iron, steel, manufactured products, or construction materials to
worksite, vendor, or contractor, may provide a certification asserting that all manufacturing processes
occurred in the US. The certification should include the name of the manufacturer, the location of the
manufacturing facility where the product or process took place (not its headquarters), a description of
the product or item being delivered, and a signature by a responsible party.
Additional documentation such as Step Certification may be needed if the certification is lacking
important information. A Step Certification is a process under which each handler (supplier, fabricator,
manufacturer, processor, etc) of the iron, steel, manufactured products, and construction materials
certifies that their step in the process was domestically performed. Each time a step in the
manufacturing process takes place, the manufacturer delivers its work along with a certification of its
origin.
Waiver:
A request for waiver may be submitted to MDE. Pursuant to Section 70914(c) of the BABA Act, a waiver
may be considered under one of the following categories:
1. Applying the domestic content procurement preference would be inconsistent with the public
interest (a “public interest waiver”);
2. Types of iron, steel, manufactured products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities or of a satisfactory quality (a
“nonavailability waiver”); or
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January 2026
3. Inclusion of iron, steel, manufactured products, or construction materials produced in the United
States will increase the cost of the overall project by more than 25 percent (an “unreasonable cost
waiver”).
MDE may agree with the waiver request and submit it to the Administrator of the Environmental
Protection Agency for final approval. Alternatively, MDE may, in its sole discretion, reject the waiver
request and elect not to fund the project.
De Minimis Nationwide Waiver:
A De Minimis Nationwide Waiver was issued by EPA, on October 21, 2022, waiving Build America, Buy
America requirements for products used in and incorporated into a project that cumulatively comprise
no more than five percent of the total project cost.
To be covered under this waiver, the grant/loan recipient must, in consultation with the contractor, take
the following actions:
1. Retain relevant documentation (i.e. invoices) as to those items being covered under this waiver in
their project files.
2. Summarize in reports to MDE the types and/or categories of items to which this waiver is
applied, including the cost of each category/type. The report must also include the total cost of
items covered by the waiver (including installation cost), the total project cost, and the
percentage of covered items calculated by cost.
3. Upon the receipt of the report, MDE, within 30 calendar day of receipt, will accept and file the
report, request additional information, or advise the grant/loan recipient that the items cannot
be covered under this waiver and a project specific waiver is needed.
4. If no comments are received by MDE within 30 calendar days, the grant/loan recipient would
not need to take any further action, unless more items need to be covered, at which time
cumulative summary would need to be submitted to MDE.
9. Borrower agrees to comply with 2 CFR 200.216, which requires that EPA recipients and
subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited
from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to
procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation
(or any subsidiary or affiliate of such entities).
Within seven (7) days of the bid opening, the apparent low bidder shall sign the form of “Assurances for Compliance with
Federal Laws and Regulations” pertaining to non-discrimination in employment, debarment, anti-kickback, contract
work hours and safety, compliance with prevailing Federal wage rates under the Davis-Bacon and related acts, Maryland
Antidegradation Implementation Procedures, and compliance with Build America, Buy America (BABA) Act. The form
is appended herewith in Section I.
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ASSURANCES FOR COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS
FOR WATER QUALITY-TREATMENT WORKS AND DRINKING WATER PROJECT
Project Name: _____________________________ Contract No. (if applicable): _____________________
The contractor is required to comply with the following Federal laws and regulations:
1. Non-discrimination in Employment in accordance with Executive Order 11246 of September 24, 1965 entitled
“Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967.
2. Debarment in accordance with the Executive Order 12549 and Executive Order 11246.
3. Anti-kickback in accordance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874).
4. Contract Work Hours and Safety Standards in accordance with Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330).
5. Compliance with Guidelines Contained in 40 CFR 247-254 (RCRA - Section 6002).
6. The prevailing Federal wage rates as determined by the U.S. Department of Labor under the Davis-Bacon and
related acts. The prevailing wage determination category that should be used for this project is Heavy
Construction (including water and sewer). Available at: https://sam.gov/content/wage-determinations
General Decision Number: ____________________ Date: __________
7. Maryland Antidegradation Implementation Procedures as promulgated in three regulations: COMAR
26.08.02.04 sets out the policy itself, COMAR 26.08.02.04-1, provides for identification and implementation of
Tier II (high quality waters) of the antidegradation policy, and COMAR 26.08.02.04-2 that describes Tier III
(Outstanding National Resource Waters or ONRW), the highest quality waters. No Tier III waters have been
designated at this time.
8. Use of the iron, steel, manufactured products, and construction materials produced in the United States (Build
America, Buy America (BABA) Act, P.L. 117-58, Secs 70911 - 70917).
9. 2 CFR 200.216, which requires that EPA recipients and subrecipients, including borrowers under EPA
funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to
procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or
renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part
of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
I do solemnly declare and affirm that I am obligated to comply with the above Federal laws and regulations. It
is understood that non-compliance with any one of the above Federal laws and regulations will be sufficient reason to
cause termination of the contract.
_______________________________________
Contractor
Signed by: _______________________________________ _________________________
Authorized Officer Date
_______________________________________ __________________________
Name (Print) Title (Print)
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January 2026
II. Maryland Department of the Environment
Maryland Water Quality & Drinking Water Revolving Loan Fund Programs
Disadvantaged Business Enterprise Program (DBE)
Guidance for Prime (Construction & A/E) Contractors
The Maryland Water Quality and Drinking Water Revolving Loan Fund Programs (RLF) receive federal funds
from the U.S. Environmental Protection Agency (EPA). The funds are used to provide low interest rate loans to
finance water quality and drinking water capital projects. As a condition of federal grant awards, EPA regulations
require that loan recipients and sub-recipients (i.e., prime contractors and subcontractors) make a good-faith effort
to award a fair share of work to DBEs who are small business enterprises (SBE’s), minority business enterprises
(MBE’s) and women’s business enterprises (WBE’s). A/E service consultants who receive loan funds are also
considered as prime contractors and must comply with DBE requirements. Additionally, EPA’s DBE rule requires
loan recipients and sub-recipients to adhere to the terms and conditions in Appendix A attached hereto.
To ensure compliance with EPA DBE requirements, the MWQFA has developed guidance for both Loan Recipients
and Prime Contractors (sub-recipients) to undertake certain good faith efforts to provide opportunities for DBE firms
to participate in contracts. EPA regulations require evidence of the demonstration of the six good faith efforts in
trying to achieve the DBE participation goals. MDE’s negotiated DBE participation goals with EPA have been
approved as of February 6, 2019. The goals below are not a quota and apply to DBE participation only.
Procurement Category MBE Goal (%) WBE Goal (%)
Construction 22 16
Equipment 23 11
Services 25 18
Supplies 23 11
Good Faith Efforts: The following good faith efforts apply to the procurement categories involving EPA financial
assistance funds (See Appendix B: EPA Good Faith Efforts):
Step 1: Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through
outreach and recruitment activities by placing qualified DBEs on solicitation lists whenever they are
potential sources.
Step 2: Establishing delivery schedules, where the requirement permits to encourage participation by DBEs. The
prime contractor should allow a 30-day minimum advertising period for bidding.
Step 3: Dividing total requirements, when economically feasible, into small tasks or quantities, to permit
maximum participation of DBEs.
Step 4: Encourage contracting with a consortium of DBEs, when a contract is too large for one of these firms to
handle individually.
Step 5: Using the services and assistance of the Maryland Department of Social and Economic Mobility
(DOSEM), the United States Small Business Administration (SBA) and the Minority Business
Development Agency (MBDA) of the U.S. Department of Commerce (See Appendix C).
Step 6: Require each sub-contractor, if subcontracts are to be let, to take the steps 1- 5.
Please submit all information to:
DBE Coordinator, MWIFA
1800 Washington Blvd., Baltimore MD 21230
Phone: 410-537-3146, FAX: 410-537-3968
https://mde.maryland.gov/programs/water/WQFA/Pages/mwbe.aspx
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Disadvantaged Business Enterprise Program (DBE)
Guidance for Prime (Construction & A/E) Contractors
Demonstration of the Six Good Faith Efforts. See Appendices A & B for additional bidding instructions and
contract administrative provisions.
A: Prime contractors are required to undertake good faith efforts. Steps 1 & 5 can be attained by developing a
bidders list of qualified DBE firms that can bid as sub-contractors. The prime contractors should advertise in
minority, local and regional newspapers and obtain a bidders list from the loan recipient to supplement their
list. The bidders list used during sub-contractor solicitation must be available throughout the project’s
construction period.
In developing bidders list of qualified DBE firms for participation as sub-contractors in construction, equipment,
services, and supplies, the prime contractors should contact and gather information from different resources (See
Appendix C) such as:
• Loan Recipient
• U.S. Small Business Administration (US-SBA)
• Minority Business Development Agency (MBDA) of the US Department of Commerce
• Maryland Department of Social and Economic Mobility (DOSEM)
The DBE bidders lists may be classified with Standard Industrial Classification (SIC) or NAICS codes, should be
updated periodically, and should be made available to sub-contractors to solicit additional sub-contractors, if
necessary. The prime contractor is required to keep the bidders list throughout the project’s construction
period.
B: Prime contractors are also required to undertake good faith efforts. Steps 2, 3, & 4, can be utilized during
the project planning, design and/or pre-bidding phase, to assure that qualified DBE firms have procurement
opportunities in construction, equipment, services, and supplies.
To provide procurement opportunities to DBE firms, the Prime Contractor should undertake the following:
• Conduct pre-bid meetings to inform potential bidders/contractors about DBE requirements and provide
guidance in undertaking the required good faith efforts.
• Use the bidders list developed in Item A (above) to solicit DBE firms as sub contractors.
• Invite DBE firms, where appropriate, to meetings, conferences, etc., to inform them of procurement
opportunities and develop, where possible, reasonable contract and delivery schedules that encourage and
facilitate participation by DBEs.
• Determine if a project can be broken down into smaller components/contracts to allow opportunity for
DBE firms to bid as sub-contractors.
• For projects broken down into smaller components (e.g., painting, roofing, excavation, pipe laying, etc.)
ensure that the delivery schedules are reasonable.
• Encourage DBE firms, where appropriate, to apply as a consortium, or as part of a consortium of DBEs,
when a contract is too large for one of these firms to handle individually.
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MARYLAND DEPARTMENT OF THE ENVIRONMENT
1800 Washington Boulevard, Suite 515 Baltimore MD 21230-1718
410-537-3119, 1-800-633-6101 https://mde.maryland.gov/programs/water/WQFA/Pages/mission_statement.aspx
Disadvantaged Business Enterprise (DBE) Good Faith Efforts Checklist
To be Completed by Loan Recipient
Project Name:
Procurement Category: Check box for all M/WBE procurement categories being reported under the above referenced project.
Construction  Equipment  Services  Supplies 
For each procurement action, please answer the following questions
A: Develop Bidders List of DBE firms
A1 Did you develop a Bidders List of DBE firms? Yes  No 
A2 Did you advertise via eMMA, minority, local/regional papers or Dodge Yes  No 
Report?
A3 Did you send invitation for bids to DBE trade associations? Yes  No 
A4 Did you contact US-SBA/MBDA/DOSEM? Yes  No 
A5 Did you provide Prime Contractors with Bidders List Yes  No 
A6 Did you provide MDE with Bidders List? Yes  No 
B: Smaller work components and delivery schedules
B1 Did DBE firms have opportunities to bid as prime contractors? Yes  No 
B2 Did you break down the project, where economically feasible, into smaller components?
For DBE firms to bid as prime contactor Yes  No 
o
For DBE firms to bid as sub-contactors Yes  No 
o
B3 Do project components have reasonable delivery schedules? Yes  No 
B4 Did you allow a reasonable time for DBEs to bid (e.g., min. of 30 days)? Yes  No 
B5 Did you encourage DBEs to bid as a consortium due to project size? Yes  No 
C: Require prime contractor to Undertake Good Faith Efforts
C1 Did you include the “MDE Insert” in the bidding documents? Yes  No 
C2 Did you require the prime contractors to apply the good faith efforts? Yes  No 
C3 Is DBE a “responsiveness” criteria in bid documents? Yes  No 
D: Solicitation Summary of DBE firms (Use Attachment 1 for each prime contract)
D1 Did you use the Bidders List to solicit prime contractors? Yes  No 
D2 Did DBE firms bid as prime contractors? Yes  No 
D3 Did you select any DBE firms as prime contractor? Yes  No 
D4 Is the prime contractor using any subcontractors? Yes  No 
Loan recipient must also complete Attachment 1 and have prime contractor list each DBE subcontractor on WIFA 6100 Form. In
addition, WIFA 6100 Form must be submitted with bid proposal after completion by prime contractor.
Supporting Documentation
In support of the actions taken in items A, B, C and D (above), all borrowers and prime contractors must attach this checklist
along with supporting documentation for “Yes” answers and an explanation for “No” answers. Examples of supporting
documentation include: (i) Bidders List of DBE firms; (ii) list of sub-contract work elements possible under the prime contract;
(iii) proof of contact with DBE firms as potential prime contractors (copies of invitations for bids/RFP, contact letters, faxes and
telephone call sheets, etc.; (iv) copies of all procurement advertisements; and (v) list of all prime contractors that submitted
bids/RFP.
_______________________________________ ________________________________
Loan Recipient’s Name and Title Loan Recipient Official’s Signature/ Date
Contact Phone #
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Attachment 1
MARYLAND DEPARTMENT OF THE ENVIRONMENT
SOLICITATION OF FIRMS
Loan Recipient must complete one form for each prime (construction & A/E) contract
Project Name:
Total Contract Amount (Prime Construction Contractor):
$
Please answer the following questions for each prime contract
Procurement Category: Check only one procurement category for each prime contract being reported under the above
referenced project. Construction  Equipment  Services  Supplies 
Summary of Prime Contractors Solicited
1 Number of firms solicited (attach list/documentation):
2 Number of firms that responded (attach documentation):
3 Number of DBE firms that responded (attach documentation):
Details of Selected Firm
4 Name of Firm:
5 Address:
6 Contact Person (Name and Phone):
7 Total amount of Contract $
8 Is the firm a Minority Business Enterprise? (MBE) Yes  No 
9 Is the firm a Women Business Enterprise? (WBE) Yes  No 
10 If the response to question 8 or 9 is Yes, please complete the following:
M/WBE Certification Number:
o
Certification Date:
o
Expiration Date (if applicable):
o
Certifying Agency:
o
Please submit all information to:
DBE Coordinator, MWIFA
1800 Washington Blvd., Baltimore MD 21230
Phone: 410-537-3146, FAX: 410-537-3968
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MARYLAND DEPARTMENT OF THE ENVIRONMENT
1800 Washington Boulevard Suite 515 Baltimore MD 21230-1718
410 537 3119 1-800-633-6101
https://mde.maryland.gov/programs/water/WQFA/Pages/mwbe.aspx
Disadvantaged Business Enterprise (DBE) Good Faith Efforts Checklist
To be completed by Prime (Construction & A/E) Contractor
Project Name:
Procurement Category: Check box for all M/WBE procurement categories being reported under the above
referenced project. Construction  Equipment  Services  Supplies 
For each procurement action, please answer the following questions
A: Develop Bidders List of DBE firms
A1 Did you develop a Bidders List of DBE firms? Yes  No 
A2 Did you advertise via eMMA, minority, local/regional papers or Dodge Yes  No 
Report?
A3 Did you send invitation for bids to DBE trade associations? Yes  No 
A4 Did you contact US-SBA/MBDA/DOSEM? Yes  No 
A5 Did you receive Bidders List from Loan Recipient? Yes  No 
A6 Did you provide MDE with Bidders List? Yes  No 
B: Smaller work components and delivery schedules
B1 Did DBE firms have opportunities to bid as subcontractors? Yes  No 
B2 Did you break down the project, where economically feasible, into
smaller components for DBE firms to bid as subcontractors? Yes  No 
B3 Do project components have reasonable delivery schedules? Yes  No 
B4 Did you allow a reasonable time for DBEs to bid? Yes  No 
B5 Did you encourage DBEs to bid as a consortium due to project size? Yes  No 
C: Solicitation Summary of DBE firms (Prime Contractor must fill WIFA 6100 Form)
C1 Did you use the Bidders List to solicit subcontractors? Yes  No 
C2 Did DBE firms bid as subcontractors (provide list, work type, & price)? Yes  No 
C3 Did you select any DBE firms as subcontractor? Yes  No 
C4 Is the subcontractor using any additional subcontractors? Yes  No 
Prime contractor must provide to loan recipient: (1) list of ALL subcontractors (DBE and non-DBE) with
type of work and estimated dollar amounts; (2) completed WIFA 6100 Form.
Supporting Documentation
In support of the actions taken in items A, B, and C, (above), all prime contractors must attach this checklist along with
supporting documentation for “Yes” answers and an explanation for “No” answers. Examples of supporting documentation
include: (i) Bidders List of DBE firms; (ii) list of sub-contract work elements possible under the prime contract; (iii) proof of
contact with DBE firms as potential sub contractors (copies of invitations for bids/RFP, contact letters, faxes and telephone call
sheets, etc.; (iv) copies of all procurement advertisements; and, (v) list of all sub contractors that submitted bids/RFP.
______________________________________ ________________________________
Prime Contractor’s Name and Title Prime Contractor Official’s Signature/ Date
Contact Phone # ______________________
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Maryland Department of the Environment -- Water Infrastructure Financing Administration
Disadvantaged Business Enterprise (DBE) Program
DBE Subcontractor Utilization Form
(MDE WIFA 6100 Form)
This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1
subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement
Recipient must require its prime contractors to complete this form and include it in the bid or proposal package.
Prime contractors should also maintain a copy of this form on file.
PRIME CONTRACTOR NAME PROJECT NAME
CONTACT NAME CONTACT PHONE
ADDRESS
Please list all DBE subcontractors you plan to utilize on this project. Use additional sheets as necessary.
SUBCONTRACTOR NAME COMPANY ADDRESS EST. DOLLAR AMOUNT CURRENTLY
TO BE SUBCONTRACTED DBE
CERTIFIED?
YES/NO
I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not
signify a commitment to utilize the subcontractors above. I am aware that in the event of the replacement of a
subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302(c).
PRIME CONTRACTOR SIGNATURE TITLE
PRINT FULL NAME DATE
1 A DBE is a Disadvantaged, Minority or Woman Business Enterprise that has been certified by any entity from which EPA accepts
certifications as described in 40 CFR 33.204-33.205.
2 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide
services pursuant to an EPA award of financial assistance.
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APPENDIX A: EPA DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
EPA’s Disadvantaged Business Enterprise Program rule applies to contract procurement actions funded
in part by EPA assistance agreements awarded after May 27, 2008. The rule is found at Federal regulation
Title 40, Part 33. Specific responsibilities are highlighted below.
Loan Recipient Responsibilities:
• Include MDE’s DBE guidance in each contract with a primary contractor, MDE, October 2008.
• Employ the six Good Faith Efforts during prime contractor procurement (§ 33.301).
• Require prime contractor to comply with the following prime contractor requirements of Title 40
Part 33:
a) To employ the six Good Faith Efforts steps in paragraphs (a) through (e) of § 33.301 if the
prime contractor awards subcontracts (§ 33.301(f)).
b) To pay its subcontractor for satisfactory performance no more than 30 days from the prime
contractor’s receipt of payment from the recipient (§ 33.302(a)).
c) To notify recipient in writing by its prime contractor prior to any termination of a DBE
subcontractor for convenience by the prime contractor (§ 33.302(b)).
d) To employ the six good faith efforts described in § 33.301 if soliciting a replacement
subcontractor after a DBE subcontractor fails to complete work under the subcontract for
any reason. (§ 33.302(c)).
e) To employ the six good faith efforts described in § 33.301 even if the prime contractor has
achieved its fair share objectives under subpart D of Part 33. (§33.302(d)).
f) Provide grant recipient DBE participation achievements with bid proposal
• Maintain records documenting its compliance with the requirements of Title 40 Part 33, including
BIDDERS LIST and documentation of its, and its prime contractors’, good faith efforts (§
33.501(a)).
Prime Contractor Responsibilities:
• Employ the six Good Faith Efforts steps in paragraphs (a) through (e) of § 33.301 if the prime
contractor awards subcontracts (§ 33.301(f)).
• Pay subcontractors for satisfactory performance no more than 30 days from the prime contractor’s
receipt of payment from the recipient (§ 33.302(a)).
• Notify the recipient in writing prior to prime contractor termination of a DBE subcontractor for
convenience (§ 33.302(b)).
• Employ the six good faith efforts described in § 33.301 if soliciting a replacement subcontractor after
a DBE subcontractor fails to complete work under the subcontract for any reason. (§ 33.302(c)).
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• Employ the six good faith efforts described in § 33.301 even if the prime contractor has achieved its
fair share objectives under subpart D of Part 33. (§33.302(d)).
• Provide loan recipient DBE participation achievements with bid proposal: (1) list of ALL
subcontractors (DBE and non-DBE) with type of work and estimated dollar amounts; (2) completed
WIFA 6100 Form.
• Maintain records documenting its compliance with the requirements of Title 40 Part 33, including
BIDDERS LIST documentation of its, and its prime contractors’, good faith efforts (§ 33.501(a)).
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APPENDIX B: TITLE 40 PART 33 SUBPART C—GOOD FAITH EFFORTS
§ 33.102 When do the requirements of this part apply?
The requirements of this part apply to procurement under EPA financial assistance agreements
performed entirely within the United States, whether by a loan recipient or its prime contractor, for
construction, equipment, services, and supplies.
§ 33.106 What assurances must EPA financial assistance recipients obtain from their
contractors?
The recipient must ensure that each procurement contract it awards contains the term and condition
specified in Appendix A to this part concerning compliance with the requirements of this part.
§ 33.206 Is there a list of certified MBEs and WBEs?
EPA OSDBU will maintain a list of certified MBEs and WBEs on EPA OSDBU’s Home Page on the
Internet. Any interested person may also obtain a copy of the list from EPA OSDBU. The Maryland
Department of Social and Economic Mobility will also have a bidders list.
§ 33.301 What does this subpart require?
A recipient, including one exempted from applying the fair share objective requirements by § 33.411,
is required to make the following good faith efforts whenever procuring construction, equipment,
services and supplies under an EPA financial assistance agreement, even if it has achieved its fair share
objectives under subpart D of this part:
(a) Ensure DBEs are made aware of contracting opportunities fully practicable through
outreach and recruitment activities. For Indian Tribal, State and Local and Government
recipients, this will include placing DBEs on solicitation lists and soliciting them whenever
they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs, arrange periods for
contracts, and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will
include dividing total requirements when economically feasible into smaller tasks or
quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of
these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps
in paragraphs (a) through (e) of this section.
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§ 33.302 Are there any additional contract administration requirements?
(a) Loan recipient must require its prime contractor to pay its subcontractor for satisfactory
performance no more than 30 days from the prime contractor’s receipt of payment from the
recipient.
(b) Its prime contractor must notify loan recipient in writing prior to any termination of a DBE
subcontractor for convenience by the prime contractor.
(c) If a DBE subcontractor fails to complete work under the subcontract for any reason, the
recipient must require the prime contractor to employ the six good faith efforts described in
§ 33.301 if soliciting a replacement subcontractor.
(d) A recipient must require its prime contractor to employ the six good faith efforts described
in § 33.301 even if the prime contractor has achieved its fair share objectives under subpart
D of this part.
(e) A recipient must ensure that each procurement contract it awards contains the term and
condition specified in the Appendix A concerning compliance with the requirements of this
part. A recipient must also ensure that this term and condition is included in each
procurement contract awarded by an entity receiving an identified loan under a financial
assistance agreement to capitalize a revolving loan fund.
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§ 33.410 Can a recipient be penalized for failing to meet its fair share objectives?
A recipient cannot be penalized, or treated by EPA as being in noncompliance with this subpart, solely
because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA
may take remedial action under § 33.105 for a recipient’s failure to comply with other provisions of
this part, including, but not limited to, the good faith efforts requirements described in subpart C of this
part.
Source: Federal Requirements and Contract Provisions for Special Appropriation Act Projects, US
Environmental Protection Agency, Region III, June 2008
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APPENDIX C: RESOURCE LISTING AND CONTACT INFORMATION
FOR UTILIZATION OF MINORITY AND WOMEN’S BUSINESS ENTERPRISES
Resource Listing Contact Website if applicable
State of Maryland Governor’s Office of Governor's Office of Minority http://www.oma.state.md.us/
Minority Affairs Affairs
The mission of the Governor's Office of Suite 1502
Minority Affairs (GOMA) is facilitating 6 Saint Paul Street
minority business enterprise activities through Baltimore MD 21202
coordinating and promoting government 767-8232
programs aimed at strengthening and preserving 1-(877) 558-0998
the state’s minority and women owned f-(410) 333-7568
businesses. info@mdminoritybusiness.com
eMARYLAND MARKETPLACE Website https://emma.maryland.gov/pa
ADVANTAGE The official online ge.aspx/en/usr/login?ReturnUrl
procurement tool for the state of Maryland. =%2fpage.aspx%2fen%2fbuy
%2fhomepage
U.S. Small Business Administration (SBA) In Website www.sba.gov/category/navigati
addition to the national office, the SBA has local on-
district and regional offices to assist small structure/contracting/working-
businesses in contracting with the public and with-government
private sector.
CCR/Pro-Net is an extensive database that CCR Assistance Center www.ccr.gov/
combines the SBA’s Pro-Net database and the 888-227-2423 Select “Dynamic Small
DOD’s Central Contractor Registration 269-961-5757 Business
database of small businesses. DSN: 661-5757
U. S. Small Business Administration (SBA) - City Crescent Bld. 6th Floor www.sba.gov/tools/local-
MD. District Office 10 South Howard St. assistance/districtoffices
Baltimore MD 21201
Phone: 410 962-6195
Minority Business Development 1401 Constitution Ave NW www.mbda.gov/
Administration (MBDA): The MBDA is an Washington, D.C. 20230
agency within the U.S. Dept. of Commerce, Email: support@mbda.gov
created to foster the development and growth of 1.888.324.1551
minority businesses in the U.S. and coordinates
resources in the public and private sectors to
help MBE’s. Recipients and bidders should
contact the centers and provide notices of
contracting opportunities. Also, see the Phoenix
database, which matches minority companies
with business opportunities.
Standard Industrial Classification Codes (SIC) or Website www.sba.gov/content/north-
North American Industry Classification american-industry-classification-
System (NAICS) codes visit the website. system-codes-and-small-
business-size-standards
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Maryland Department of Social and Economic Office Address https://economicmobility
Mobility (DOSEM) -- Loan recipients and 100 Community Place, 4th Floor .maryland.gov/Pages/defa
bidders may locate qualified M/WBE’s Crownsville, MD 21032 ult.aspx
through the MBE/WBE Directory.
https://marylandmdbe.gob2g.com/
Click on “Search Directory of
Certified Firms.” Select any
combination of the fields to
identify M/WBE’s for the
specific project opportunities.
U.S. EPA Office of Small, Disadvantaged US.EPA http://cfpub.epa.gov/sbvps/
Business Utilization (OSDBU) – Office of Small Programs http://www.epa.gov/osdbu/
OSDBU’s mission includes “fostering 1200 Pennsylvania Avenue NW Select “search the OSDBU
opportunities for partnerships, contracts, Mail Code 1230T Registry”
subagreements, and grants for small and Washington, D.C. 20460 Click on the search criteria of
socioeconomically disadvantaged concerns”. interest (ethnicity, size, SIC, etc.)
One of the resources to assist prime
contractors is a listing of small and
disadvantaged businesses (a vendor profile
system) registered with OSDBU.
National Black Chamber of Commerce 1350 Connecticut Ave. N.W. www.nationalbcc.org
Suite 405
Washington D.C. 20036 Email: info@nationalbcc.org
Phone: 202 466-6888
Fax: 202 466-4918
Virginia Hispanic Chamber of Commerce 8300 Boone Blvd., www.vahcc.com
(Northern Va.) 4TH Floor
Vienna, VA 22182
Phone: 804.378.4099
Fax: 703 893-1269
U.S. Hispanic Chamber of Commerce 2175 K Street NW Suite 100 www.ushcc.com
Washington, D.C. 20037
National Association of Minority Contractors 666 11 Street N.W. www.namcnational.org/
(NAMC) Suite 520
Washington D.C. 20001
Phone: 202 347-8250
Maryland/Washington Minority Contractors 1107 North Point Blvd, Suite 227 www.mwmca.org
(MWMCA) Baltimore, MD 21224
410.282.6101
410.282.6102 –fax
National Association of Women’s Business 1760 Old Meadow Rd. Ste 500 www.nawbo.org
Owners (NAWBO) – National McLean VA 22102
Phone: 800.556.NAWBO
703.506.3268
703.506.3266-fax
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NAWBO Baltimore Regional Chapter 4404 Silverbrook Lane, www.nawbomaryland.org
Suite E-204
Owings Mills MD 21117 Email:
Phone: 410 876-0502 info@nawbomaryland.org
410.654.9734-fax
NAWBO Delaware Chapter P.O. Box 4657 www.nawbodelaware.org
Greenville Station
Greenville, DE 19807-4657 Email: info@nawbodelaware.org
Phone: 302 355.9945
MD/DC Minority Supplier Development 10770 Columbia Pike http://mddccouncil.org/
Council (MSDC) Lower Level, Suite L100
Silver Spring MD 20901
Phone: 301 592-6710
Fax: 301 592-6704
National Minority Supplier Development 1040 Avenue of the Americas, 2nd www.nmsdcus.org/
Council, Inc. (NMSDC) Floor
New York, New York 10018
Phone: 212 944-2430
212.719.9611-fax
UIDA Business Services is a Native American 86 South Cobb Drive, MZ:0510
Procurement and Technical Assistance Center- Marietta, GA 30063-0510
maintains a comprehensive database of Native Phone, 770 494-0431
American owned firms 770.494.1236-fax
or
Northeast Region
2340 Dulles Corner Blvd
Mail Stop: 1n01
Herndon, VA 20171
Phone: 703.561.3120
703.561.3124-fax
Diversity Business 200 Pequot Avenue www.diversitybusiness.com/
(A multi-cultural online resource) Southport, CT 06890
Phone 203.255.8966
203.255.8501-fax
National Association of Women in 327 S. Adams Street www.nawic.org/
Construction Fort Worth, TX 76104
Phone: 1-800-552-3506
Phone: 817.877.5551
817.877.0324-fax
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January 2026
III. PRESIDENTIAL DOCUMENTS
PRESIDENTIAL EXECUTIVE ORDER 13202 OF FEBRUARY 17, 2001 and PRESIDENTIAL EXECUTIVE
ORDER 13208 OF APRIL 8, 2001 are appended as Attachment II.
IV SEVERABILITY
In the event any provision of the within and foregoing Requirement, including any attachment thereto, shall
be held illegal, invalid, unconstitutional or unenforceable by any court of competent jurisdiction, such holding
shall not invalidate, render unenforceable or otherwise affect any other provision hereof.
V. PROJECT SIGNS
1. The prime contractor shall provide and erect a construction site sign as described below at a prominent
location at each construction site.
2. For projects funded in whole or in part by the Bipartisan Infrastructure Law (BIL), the prime contractor
shall provide and erect an additional construction site sign at a prominent location at each construction site
using the Investing in America Signage guidelines at https://www.epa.gov/invest/investing-america-signage.
The owner shall approve the site for the signs’ erection. The signs shall be prepared in accordance with detailed
instructions provided by Maryland Department of the Environment (MDE).
It shall be the responsibility of the contractor to protect and maintain the signs in good condition throughout the
life of the project.
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25

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26

THE CONSTRUCTION SITE SIGN FOR PROJECTS FINANCIALLY
SUPPORTED BY STATE REVOLVING LOAN FUNDS
AND OTHER FUND SOURCES
White Background Light Blue Scroll Black Letters
PROJECT TITLE
Project Type (by MDE)
A PROJECT FINANCIALLY SUPPORTED BY THE
UNDER THE DIRECTION APPROVED BY THE
OF THE MARYLAND BOARD
4’
MARYLAND DEPARTMENT OF PUBLIC WORKS
OF THE ENVIRONMENT
Wes M . oore, Governor
Brooke E. Lierman, Comptroller
Dereck E. Davis, Treasurer
Total Project Cost: ________
State Loan: ________
State Grant: ________
Federal Funds: ________
Other Funds: ________
Local Funds: ________
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January 2026
Project Type:
Insert the selected item under the project title:
___ Green Infrastructure Project - Constructing environmentally beneficial “green” infrastructure
___ Wetlands - Creating wetlands to improve water quality and create wildlife habitat
___ Stream restoration - Restoring streams to improve water quality and create wildlife habitat
___ Living shorelines - Turning shorelines into living habitats to improve water quality and to reduce
erosion and flooding
___ Septic connections - Connecting homes to public sewer to eliminate failing septic systems,
improve water quality, and protect public health
___ Drinking water extension - Connecting homes to public water supply to improve drinking water
quality
___ Stormwater project - Reducing stormwater runoff to improve water quality, protect public health,
and reduce flooding
___ CSOs, Sewer project - Preventing sewer overflows to improve water quality and protect public
health
___ ENR - Reducing pollution to improve Maryland waterways and the Chesapeake Bay and to
protect public health
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EDERAL WAGE RATE REQUIREMENTS UNDER THE DAVIS-BACON AND RELATED
ACTS
Prevailing Wage Requirements for CWSRF Capitalization Grants
The recipient agrees to include in all agreements to provide assistance for the construction of treatment works
carried out in whole or in part with such assistance made available by a State water pollution control revolving
fund as authorized by Title VI of the Federal Water Pollution Control Act, also known as the CWA, (33 U.S.C.
1381 et seq.), or with such assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or
both, a term and condition requiring compliance with the requirements of section 513 of that Act (33 U.S.C.
1372) in all procurement contracts and sub-grants, and require that loan recipients, procurement contractors
and sub-grantees include such a term and condition in subcontracts and other lower tiered transactions. All
contracts and subcontracts for the construction of treatment works carried out in whole or in part with
assistance made available as stated herein shall insert in full in any contract in excess of $2,000 the contract
clauses as attached hereto entitled “Wage Rate Requirements Under the Clean Water Act, Section 513.” This
term and condition applies to all agreements to provide assistance under the authorities referenced herein,
whether in the form of a loan, bond purchase, grant, or any other vehicle to provide financing for a project,
where such agreements are executed on or after October 30, 2009.
Preamble
With respect to the CWSRF program, EPA provides capitalization grants to each State which in turn provides sub
grants or loans to eligible entities within the State. Typically, the sub recipients are municipal or other local
governmental entities that manage the funds. For these types of recipients, the provisions set forth under
Roman numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring sub recipients’
compliance with the wage rate requirements set forth herein, those sub recipients shall have the primary
responsibility to maintain payroll records as described in Section I-3(ii)(A), below and for compliance as
described in Section I-5.
Occasionally, the sub recipient may be a private for profit or not for profit entity. For these types of recipients,
the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible
for ensuring sub recipients’ compliance with the wage rate requirements set forth herein, those sub recipients
shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for
compliance as described in Section II-5.
ATTACHMENT 1
I. Requirements Under Title VI of the Clean Water Act (CWA) For Sub recipients That Are Governmental
Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB)
responsibilities when DB applies to EPA awards of financial assistance under Title VI of the CWA, with respect to
State recipients and sub recipients that are governmental entities. If a sub recipient has questions regarding
when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it
may contact the State recipient. If a state recipient needs guidance, the recipient may contact EPA’s Office of
Grants and Debarment for guidance at EPA_Grants_Info@epa.gov. The recipient or sub recipient may also
obtain additional guidance from the U.S. Department of Labor’s (DOL) website at http://www.dol.gov/whd/.
1. Applicability of the DB prevailing wage requirements.
Under Title VI of the CWA, DB prevailing wage requirements apply to the construction, alteration, and repair of
treatment works carried out in whole or in part with assistance made available by a State water pollution
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control revolving fund. If a sub recipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the sub recipient must discuss the situation with the recipient State before
authorizing work on that site.
2.Obtaining Wage Determinations.
(a)Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to DB
will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts
(solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and
any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the
wage determination incorporated into the prime contract.
(i) While the solicitation remains open, the sub recipient shall monitor https://sam.gov/ weekly to
ensure that the wage determination contained in the solicitation remains current. The sub
recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to
the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the
applicable wage determination less than 10 days prior to the closing date, the sub recipients
may request a finding from the State recipient that there is not a reasonable time to notify
interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the sub recipient.
(ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation,
any modifications or supersedes DOL makes to the wage determination contained in the
solicitation shall be effective unless the State recipient, at the request of the sub recipient,
obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub
recipient shall monitor https://sam.gov/ on a weekly basis if it does not award the contract
within 90 days of closure of the solicitation to ensure that wage determinations contained in the
solicitation remain current.
(b)If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or similar
instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub
recipient shall insert the appropriate DOL wage determination from https://sam.gov/ into the ordering
instrument.
(c)Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the
prime contractor has required its subcontractors to include the applicable wage determinations.
(d)As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub recipient’s
contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub
recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not
apply to the contract or ordering instrument. If this occurs, the sub recipient shall either terminate the contract
or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage
determination retroactive to the beginning of the contract or ordering instrument by change order. The sub
recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised
wage determination.
3.Contract and Subcontract provisions.
(a)The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of $2,000
which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a
treatment work under the CWSRF - financed in whole or in part from Federal funds or in accordance with
guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to
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make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or Title VI of the Clean Water Act, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DB
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of
this section) and the DB poster (WH-1321) shall be posted at all times by the contractor and its subcontractors
at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Sub recipients may obtain wage determinations from DOL’s website, https://sam.gov/.
(ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The State award official shall approve a request for an
additional classification and wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the sub recipient(s) agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), documentation of the action taken and the request, including
the local wage determination shall be sent by the sub recipient (s) to the State award official. The State award
official will transmit a completed conformance request form (SF-1444 or similar) and supporting materials to
WHD-CBACONFORMANCE_INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The DOL
Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification request within 30 days of receipt and so advise the State award official or will notify the State
award official within the 30-day period that additional time is necessary.
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(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the sub recipient (s) to the State award official.
The State award official will transmit a completed conformance request form (SF-1444 or similar), which
indicates the State award official’s disagreement and supporting materials to WHD-CBACONFORMANCE_
INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The DOL
Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the
request and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)
or (C) of this section, shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the DB Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
(2) Withholding. The sub recipient(s), shall upon written request of the EPA Award Official or an authorized
representative of DOL, withhold or cause to be withheld from the contractor under this contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to DB
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by the contract, the EPA may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the DB Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
DB Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
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certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all
payrolls to the sub recipient, that is, the entity that receives the sub-grant or loan from the State capitalization
grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each
payroll copy received, the sub recipient shall provide written confirmation in a form satisfactory to the State
indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the
most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and
home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division website at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full social security number and current address of each covered worker
and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if requested by
EPA, the State, the contractor, or the Wage and Hour Division of the DOL for purposes of an investigation or
audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sub recipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii)
of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the State, EPA or the DOL,
and shall permit such representatives to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them available, the EPA or State may, after
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written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the DOL, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the DOL, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training program,
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the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended
and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with DB and Related Act requirements. All rulings and interpretations of the DB and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the DOL set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and sub recipient(s), State, EPA, DOL, or
the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses set forth
in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
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(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of
this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The sub recipient, upon written request of the EPA
Award Official or an authorized representative of the DOL, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as
may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this
section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours
and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Sub recipient shall insert a
clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain
the name and address of each such employee, social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the
Sub recipient shall insert in any such contract a clause providing that the records to be maintained under this
paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the EPA and the DOL, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
5. Compliance Verification
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates.
As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use
Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF
1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated
that there is a risk that the contractor or subcontractor is not complying with DB.
Sub recipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence.
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(c) The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to
verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish
and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by
contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the
sub recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission
of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients
must conduct more frequent spot checks if the initial spot check or other information indicates that there is a
risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub
recipient shall verify evidence of fringe benefit plans and payments there under by contractors and
subcontractors who claim credit for fringe benefit contributions.
(d) The sub recipient shall periodically review contractor’s and subcontractor’s use of apprentices and trainees
to verify registration and certification with respect to apprenticeship and training programs approved by either
the U.S DOL or a state, as appropriate, and that contractors and subcontractors are not using disproportionate
numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the
schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the
EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/agencies/whd/contact/local-offices.
II. Requirements Under Title VI of the CWA - For Sub recipients That Are Not Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its DB responsibilities when
DB applies to EPA awards of financial assistance under Tit le VI of the CWA with respect to sub recipients that
are not governmental entities. If a sub recipient has questions regarding when DB applies, obtaining the correct
DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient for
guidance. If a state recipient needs guidance, the recipient may contact EPA’s Office of Grants and Debarment
for guidance at EPA_Grants_Info@epa.gov. The recipient or sub recipient may also obtain additional guidance
from DOL’s website at http://www.dol.gov/whd/.
Under these terms and conditions, the sub recipient must submit its proposed DB wage determinations to the
State recipient for approval prior to including the wage determination in any solicitation, contract task orders,
work assignments, or similar instruments to existing contractors.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under Title VI of the CWA, DB prevailing wage requirements apply to the construction, alteration, and repair of
treatment works carried out in whole or in part with assistance made available by a State water pollution
control revolving fund. If a sub recipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the sub recipient must discuss the situation with the recipient State before
authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Sub recipients must obtain proposed wage determinations for specific localities at https://sam.gov/. After
the sub recipient obtains its proposed wage determination, it must submit the wage determination to Ms.
Bambi Turner, bambi.turner1@maryland.gov, (410) 537-3146, for approval prior to inserting the wage
determination into a solicitation, contract or issuing task orders, work assignments or similar instruments to
existing contractors (ordering instruments unless subsequently directed otherwise by the State recipient Award
Official.)
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(b) Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to DB
will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts
(solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and
any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the
wage determination incorporated into the prime contract.
(i) While the solicitation remains open, the sub recipient shall monitor https://sam.gov/. on a weekly
basis to ensure that the wage determination contained in the solicitation remains current. The sub
recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the
closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage
determination less than 10 days prior to the closing date, the sub recipients may request a finding
from the State recipient that there is not a reasonable time to notify interested contractors of the
modification of the wage determination. The State recipient will provide a report of its findings to
the sub recipient.
(ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation
shall be effective unless the State recipient, at the request of the sub recipient, obtains an extension
of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub recipient shall monitor
https://sam.gov/ on a weekly basis if it does not award the contract within 90 days of closure of the
solicitation to ensure that wage determinations contained in the solicitation remain current.
(c) If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or similar
instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub
recipient shall insert the appropriate DOL wage determination from https://sam.gov/ into the ordering
instrument.
(d) Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the
prime contractor has required its subcontractors to include the applicable wage determinations.
(e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub recipient’s
contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub
recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not
apply to the contract or ordering instrument. If this occurs, the sub recipient shall either terminate the contract
or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage
determination retroactive to the beginning of the contract or ordering instrument by change order. The sub
recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised
wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of
$2,000 which is entered into for the actual construction, alteration and/or repair, including painting
and decorating, of a treatment work under the CWSRF - or in accordance with guarantees of a
Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to
make a loan, grant or annual contribution (except where a different meaning is expressly indicated),
and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or Title VI of
the CWA, the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and
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not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DB
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of
this section) and the DB poster (WH-1321) shall be posted at all times by the contractor and its subcontractors
at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Sub recipients may obtain wage determinations from the DOL’s website, https://sam.gov/.
(ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The State award official shall approve a request for an
additional classification and wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the sub recipient(s) agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), documentation of the action taken and the request, including
the local wage determination shall be sent by the sub recipient(s) to the State award official. The State award
official will transmit a completed conformance request form (SF-1444 or similar) and supporting materials to
WHD-CBACONFORMANCE_INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The DOL
Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification request within 30 days of receipt and so advise the State award official or will notify the State
award official within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the sub recipient (s) to the State award official.
The State award official will transmit a completed conformance request form (SF-1444 or similar), which
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indicates the State award official’s disagreement and supporting materials to WHD-CBACONFORMANCE_
INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The DOL
Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the
request and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)
or (C) of this section, shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the DB Act have been met. The Secretary of Labor
may require the contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
(2) Withholding. The sub recipient(s) shall upon written request of the EPA Award Official or an authorized
representative of the DOL, withhold or cause to be withheld from the contractor under this contract or any
other Federal contract with the same prime contractor, or any other federally-assisted contract subject to DB
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work, all or part of the wages required by the contract, the EPA may, after written
notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the DB Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
DB Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all
payrolls to the sub recipient, that is, the entity that receives the sub-grant or loan from the State capitalization
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grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each
payroll copy received, the sub recipient shall provide written confirmation in a form satisfactory to the State
indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the
most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and
home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division website at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full social security number and current address of each covered worker
and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if requested by
EPA, the State, the contractor, or the Wage and Hour Division of the DOL for purposes of an investigation or
audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor
to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the sub recipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii)
of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the State, EPA or the DOL,
and shall permit such representatives to interview employees during working hours on the job. If the contractor
or subcontractor fails to submit the required records or to make them available, the EPA or State may, after
written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
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(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the DOL, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the DOL, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended
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and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with DB and Related Act requirements. All rulings and interpretations of the DB and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the DOL set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and Sub recipient(s), State, EPA, DOL, or
the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses set forth
in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
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liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of
this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The sub recipient shall upon the request of the EPA
Award Official or an authorized representative of the DOL, withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this
section.
(c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours
and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Sub recipient shall insert a
clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain
the name and address of each such employee, social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the
Sub recipient shall insert in any such contract a clause providing that the records to be maintained under this
paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the EPA and the DOL, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
5. Compliance Verification
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates.
As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use
Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF
1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated
that there is a risk that the contractor or subcontractor is not complying with DB. Sub recipients shall
immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All
interviews shall be conducted in confidence.
(c). The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to
verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish
and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by
contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable the
sub recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission
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of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients
must conduct more frequent spot checks if the initial spot check or other information indicates that there is a
risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub
recipient shall verify evidence of fringe benefit plans and payments there under by contractors and
subcontractors who claim credit for fringe benefit contributions.
(d). The sub recipient shall periodically review contractors and subcontractors use of apprentices and trainees
to verify registration and certification with respect to apprenticeship and training programs approved by either
DOL or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers
of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for
spot checks and interviews described in Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the
EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/agencies/whd/contact/local-offices.
Prevailing Wage Requirements for DWSRF Capitalization Grants
The recipient agrees to include in all agreements to provide assistance for any construction project carried out in
whole or in part with such assistance made available by a drinking water revolving loan fund as authorized by
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), a term and condition requiring compliance with
the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C.300j-9(e)) in all procurement
contracts and sub-grants, and require that loan recipients, procurement contractors and sub-grantees include
such a term and condition in subcontracts and other lower tiered transactions. All contracts and subcontracts
for any construction project carried out in whole or in part with assistance made available as stated herein shall
insert in full in any contract in excess of $2,000 the contract clauses as attached hereto entitled “Wage Rate
Requirements Under The Clean Water Act, Section 513 and the Safe Drinking Water Act, Section 1450(e).” This
term and condition applies to all agreements to provide assistance under the authorities referenced herein,
whether in the form of a loan, bond purchase, grant, or any other vehicle to provide financing for a project,
where such agreements are executed on or after October 30, 2009.
Preamble
With respect to the DWSRF program, EPA provides capitalization grants to each State which in turn provides sub
grants or loans to eligible entities within the State. Typically, the sub recipients are municipal or other local
governmental entities that manage the funds. For these types of recipients, the provisions set forth under
Roman numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring sub
recipients’ compliance with the wage rate requirements set forth herein, those sub recipients shall have the
primary responsibility to maintain payroll records as described in Section I-3(ii)(A), below and for compliance as
described in Section I-5.
Occasionally, the sub recipient may be a private for profit or not for profit entity. For these types of recipients,
the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible
for ensuring sub recipients’ compliance with the wage rate requirements set forth herein, those sub recipients
shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for
compliance as described in Section II-5.
ATTACHMENT 1
I. Requirements Under Section 1452(a)(5) of the Safe Drinking Water Act For Sub recipients That Are
Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB)
responsibilities when DB applies to EPA awards of financial assistance with respect to State recipients and sub
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recipients that are governmental entities. If a sub recipient has questions regarding when DB applies, obtaining
the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State
recipient. If a State recipient needs guidance, the recipient may contact EPA’s Office of Grants and Debarment
for guidance at EPA_Grants_Info@epa.gov. The recipient or sub recipient may also obtain additional guidance
from the U.S. Department of Labor’s (DOL) website at http://www.dol.gov/whd/
1. Applicability of the DB prevailing wage requirements.
DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried
out in whole or in part with assistance made available by a State water pollution control revolving fund and to
any construction project carried out in whole or in part by assistance made available by a drinking water
treatment revolving loan fund. If a sub recipient encounters a unique situation at a site that presents
uncertainties regarding DB applicability, the sub recipient must discuss the situation with the recipient State
before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to DB
will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts
(solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and
any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the
wage determination incorporated into the prime contract.
(i) While the solicitation remains open, the sub recipient shall monitor https://sam.gov/ weekly to
ensure that the wage determination contained in the solicitation remains current. The sub
recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to
the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the
applicable wage determination less than 10 days prior to the closing date, the sub recipients
may request a finding from the State recipient that there is not a reasonable time to notify
interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the sub recipient.
(ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation,
any modifications or supersedes DOL makes to the wage determination contained in the
solicitation shall be effective unless the State recipient, at the request of the sub recipient,
obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub
recipient shall monitor https://sam.gov/ on a weekly basis if it does not award the contract
within 90 days of closure of the solicitation to ensure that wage determinations contained in the
solicitation remain current.
(b) If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or similar
instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub
recipient shall insert the appropriate DOL wage determination from https://sam.gov/ into the ordering
instrument.
(c) Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the
prime contractor has required its subcontractors to include the applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub recipient’s
contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub
recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not
apply to the contract or ordering instrument. If this occurs, the sub recipient shall either terminate the contract
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or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage
determination retroactive to the beginning of the contract or ordering instrument by change order. The sub
recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised
wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of $2,000
which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a
treatment work under the CWSRF or a construction project carried out in whole or in part with assistance made
available by the DWSRF, and which is subject to the labor standards provisions of any of the acts listed in § 5.1
or the Safe Drinking Water Act, Section 1452(a)(5), the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DB
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of
this section) and the DB poster (WH-1321) shall be posted at all times by the contractor and its subcontractors
at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Sub recipients may obtain wage determinations from the U.S. Department of Labor’s website, https://sam.gov/.
(ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The State award official shall approve a request for an
additional classification and wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
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(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the sub recipient(s) agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), documentation of the action taken and the request, including
the local wage determination shall be sent by the sub recipient (s) to the State award official. The State award
official will transmit a completed conformance request form (SF-1444 or similar) and supporting materials to
WHD-CBACONFORMANCE_INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The
Department of Labor Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification request within 30 days of receipt and so advise the State award official or will notify the
State award official within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the sub recipient (s) to the State award official.
The State award official will transmit a completed conformance request form (SF-1444 or similar) which
indicates the State award official’s disagreement and supporting materials to WHD-CBACONFORMANCE_
INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The Department of Labor
Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the
request and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)
or (C) of this section, shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the DB Act have been met. The Secretary of Labor
may require the contractor to set aside assets in a separate account for the meeting of obligations under the
plan or program.
(2) Withholding. The sub recipient(s), shall upon written request of the EPA Award Official or an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to DB prevailing wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the contract, the EPA may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
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the work. Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the DB Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
DB Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all
payrolls to the sub recipient, that is, the entity that receives the sub-grant or loan from the State capitalization
grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each
payroll copy received, the sub recipient shall provide written confirmation in a form satisfactory to the State
indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the
most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and
home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division website at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full social security number and current address of each covered worker
and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if requested by
EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a
prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the sub recipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii)
of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the State, EPA or the
Department of Labor, and shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them available, the EPA or
State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has been certified by the
Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than
the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that
a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the trainee's level of progress,
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expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended
and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with DB and Related Act requirements. All rulings and interpretations of the DB and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors) and sub
recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses set forth
in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of
this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (a)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The sub recipient, upon written request of the EPA
Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of
this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this
section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours
and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Sub recipient shall insert a
clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain
the name and address of each such employee, social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the
Sub recipient shall insert in any such contract a clause providing that the records to be maintained under this
paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the EPA and the Department of Labor, and the contractor or subcontractor will
permit such representatives to interview employees during working hours on the job.
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5. Compliance Verification
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates.
As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use
Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF
1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated
that there is a risk that the contractor or subcontractor is not complying with DB.
Sub recipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence.
(c) The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to
verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish
and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by
contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the
sub recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission
of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients
must conduct more frequent spot checks if the initial spot check or other information indicates that there is a
risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub
recipient shall verify evidence of fringe benefit plans and payments there under by contractors and
subcontractors who claim credit for fringe benefit contributions.
(d) The sub recipient shall periodically review contractor’s and subcontractor’s use of apprentices and trainees
to verify registration and certification with respect to apprenticeship and training programs approved by either
the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using
disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in
accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the
EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/agencies/whd/contact/local-offices.
II. Requirements Under Section 1452(a)(5) of the Safe Drinking Water Act For Sub recipients That Are Not
Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its DB responsibilities when
DB applies to EPA awards of financial assistance under the Safe Drinking Water Act, Section 1452(a)(5) with
respect to sub recipients that are not governmental entities. If a sub recipient has questions regarding when DB
applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact
the State recipient for guidance. If a State recipient needs guidance, the recipient may contact EPA’s Office of
Grants and Debarment for guidance at EPA_Grants_Info@epa.gov The recipient or sub recipient may also
obtain additional guidance from DOL’s website at http://www.dol.gov/whd/
Under these terms and conditions, the sub recipient must submit its proposed DB wage determinations to the
State recipient for approval prior to including the wage determination in any solicitation, contract task orders,
work assignments, or similar instruments to existing contractors.
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1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the Safe Drinking Water Act, Section 1452(a)(5), DB prevailing wage requirements apply to the
construction, alteration, and repair of treatment works carried out in whole or in part with assistance made
available by a State water pollution control revolving fund and to any construction project carried out in whole
or in part by assistance made available by a drinking water treatment revolving loan fund. If a sub recipient
encounters a unique situation at a site that presents uncertainties regarding DB applicability, the sub recipient
must discuss the situation with the recipient State before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Sub recipients must obtain proposed wage determinations for specific localities at https://sam.gov/. After
the sub recipient obtains its proposed wage determination, it must submit the wage determination to Ms.
Bambi Turner, bambi.turner1@maryland.gov, (410) 537-3146, for approval prior to inserting the wage
determination into a solicitation, contract or issuing task orders, work assignments or similar instruments to
existing contractors (ordering instruments unless subsequently directed otherwise by the State recipient Award
Official.)
(b) Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to DB
will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts
(solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and
any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the
wage determination incorporated into the prime contract.
(i) While the solicitation remains open, the sub recipient shall monitor https://sam.gov/ on a
weekly basis to ensure that the wage determination contained in the solicitation remains
current. The sub recipients shall amend the solicitation if DOL issues a modification more than
10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or
supersedes the applicable wage determination less than 10 days prior to the closing date, the
sub recipients may request a finding from the State recipient that there is not a reasonable time
to notify interested contractors of the modification of the wage determination. The State
recipient will provide a report of its findings to the sub recipient.
(ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation,
any modifications or supersedes DOL makes to the wage determination contained in the
solicitation shall be effective unless the State recipient, at the request of the sub recipient,
obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub
recipient shall monitor https://sam.gov/ on a weekly basis if it does not award the contract
within 90 days of closure of the solicitation to ensure that wage determinations contained in the
solicitation remain current.
(c) If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or similar
instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub
recipient shall insert the appropriate DOL wage determination from https://sam.gov/ into the ordering
instrument.
(d) Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the
prime contractor has required its subcontractors to include the applicable wage determinations.
(e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub recipient’s
contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub
recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not
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apply to the contract or ordering instrument. If this occurs, the sub recipient shall either terminate the contract
or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage
determination retroactive to the beginning of the contract or ordering instrument by change order. The sub
recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised
wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of $2,000
which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a
treatment work under the CWSRF or a construction project carried out in whole or in part with assistance made
available by the DWSRF, and which is subject to the labor standards provisions of any of the acts listed in § 5.1
or the Safe Drinking Water Act, Section 1452(a)(5), the following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DB
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more
than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such
laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein: Provided, that the employer's payroll
records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of
this section) and the DB poster (WH-1321) shall be posted at all times by the contractor and its subcontractors
at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Sub recipients may obtain wage determinations from DOL’s website, https://sam.gov/.
(ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The State award official shall approve a request for an
additional classification and wage rate and fringe benefits therefore only when the following criteria have been
met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
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rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the sub recipient(s) agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), documentation of the action taken and the request, including
the local wage determination shall be sent by the sub recipient(s) to the State award official. The State award
official will transmit a completed conformance request form (SF-1444 or similar) and supporting materials to
WHD-CBACONFORMANCE_INCOMING@dol.gov and to the EPA DB Regional Coordinator concurrently. The
Department of Labor Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification request within 30 days of receipt and so advise the State award official or will notify the
State award official within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the sub recipient (s) to the State award official.
The State award official will transmit a completed conformance request form (SF-1444 or similar) which
indicates the State award official’s disagreement and supporting materials to WHD-CBACONFORMANCE_
INCOMING@dol.gov, and to the EPA DB Regional Coordinator concurrently. The
Department of Labor Administrator, or an authorized representative, will issue a determination within 30 days
of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B)
or (C) of this section, shall be paid to all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in
the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written
request of the contractor, that the applicable standards of the DB Act have been met. The Secretary of Labor
may require the contractor to set aside assets in a separate account for the meeting of obligations under the
plan or program.
(2) Withholding. The sub recipient(s) shall upon written request of the EPA Award Official or an authorized
representative of the Department of Labor, withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to DB prevailing wage requirements, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the contract, the EPA may,
after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the
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work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his or
her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for
bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the DB Act),
daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
DB Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all
payrolls to the sub recipient, that is, the entity that receives the sub-grant or loan from the State capitalization
grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each
payroll copy received, the sub recipient shall provide written confirmation in a form satisfactory to the State
indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the
most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and
home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-
347 is available for this purpose from the Wage and Hour Division website at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site.
The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full social security number and current address of each covered worker
and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if requested by
EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a
prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the sub recipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii)
of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of
Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or
indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section
available for inspection, copying, or transcription by authorized representatives of the State, EPA or the
Department of Labor, and shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them available, the EPA or
State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure
to submit the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the DOL, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or
subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits
in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of
Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the
Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certification by the DOL, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted
under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less
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than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In the event the Employment and Training Administration withdraws approval of a training program,
the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended
and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29
CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses
in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with DB and Related Act requirements. All rulings and interpretations of the DB and Related Acts
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor (or any of its subcontractors) and Sub
recipient(s), State, EPA, DOL, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by
virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
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4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses set forth
in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and
subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms
laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for
the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case
of work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of
this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work
in excess of the standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The sub recipient shall upon the request of the EPA
Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this
section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours
and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Sub recipient shall insert a
clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the contract for
all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain
the name and address of each such employee, social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the
Sub recipient shall insert in any such contract a clause providing that the records to be maintained under this
paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the EPA and the Department of Labor, and the contractor or subcontractor will
permit such representatives to interview employees during working hours on the job.
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5. Compliance Verification
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates.
As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use
Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF
1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated
that there is a risk that the contractor or subcontractor is not complying with DB. Sub recipients shall
immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All
interviews shall be conducted in confidence.
(c). The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to
verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish
and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by
contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable the
sub recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission
of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients
must conduct more frequent spot checks if the initial spot check or other information indicates that there is a
risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub
recipient shall verify evidence of fringe benefit plans and payments there under by contractors and
subcontractors who claim credit for fringe benefit contributions.
(d). The sub recipient shall periodically review contractors and subcontractors use of apprentices and trainees
to verify registration and certification with respect to apprenticeship and training programs approved by either
the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using
disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in
accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the
EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/agencies/whd/contact/local-offices.
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