Request for Proposals - MBR for Wastewater Treatment Plant

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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 Page 1 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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 Page 2 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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

Page 3 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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, Page 4 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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.

Page 5 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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 Page 6 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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.

Page 7 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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 Page 8 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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 Page 9 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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 Page 10 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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 Page 11 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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

Page 12 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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.

Page 13 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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 Page 14 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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.

Page 15 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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” Page 16 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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.

Page 17 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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.

Page 18 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx

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

Page 19 February 2026 N:\14375-000\Engineering\Adv_Bid\MBR Pre-Selection RFP\MBR RFP.docx 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.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

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.

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.

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.

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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.

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.

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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.

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.

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.

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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.

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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.

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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.

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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 7 of 70 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 longterm 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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Page 8 of 70

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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Page 9 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 10 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 11 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 12 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 13 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 14 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 15 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 16 of 70 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;

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 17 of 70

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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 18 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 19 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 20 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 21 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 22 of 70 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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Page 23 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 25 of 70 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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Page 26 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 27 of 70 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 “orequal” 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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Page 30 of 70 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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Page 31 of 70 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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Page 32 of 70 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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Page 33 of 70 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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Page 34 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 36 of 70 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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Page 37 of 70 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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Page 39 of 70 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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Page 40 of 70 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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Page 41 of 70 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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Page 42 of 70 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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Page 44 of 70 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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Page 46 of 70 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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Page 48 of 70 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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Page 49 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 50 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

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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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 52 of 70 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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Page 53 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 54 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 55 of 70 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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Page 56 of 70 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, EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 57 of 70 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, EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 58 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 59 of 70 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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Page 60 of 70

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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Page 61 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 62 of 70 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 EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 63 of 70 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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Page 64 of 70 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, EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 65 of 70 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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Page 66 of 70 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, EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 67 of 70 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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Page 68 of 70 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;

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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 69 of 70 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.

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Page 70 of 70

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.

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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; fullload 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 reassembly.

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)

FEBRUARY 2026

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PART 3 EXECUTION (NOT USED)

END OF SECTION

FEBRUARY 2026

00 13 01 - 20 ADMINISTRATIVE REQUIREMENTS

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

00 13 01 - 21 ADMINISTRATIVE REQUIREMENTS

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)

FEBRUARY 2026

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

FEBRUARY 2026

00 13 01 - 23 ADMINISTRATIVE REQUIREMENTS

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

00 13 01 - 24 ADMINISTRATIVE REQUIREMENTS

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.

FEBRUARY 2026

00 16 01 - 1 PRODUCT REQUIREMENTS

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)

FEBRUARY 2026

00 16 01 - 4 PRODUCT REQUIREMENTS

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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00 17 01 - 1 SPECIAL SERVICES

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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00 17 01 - 2 SPECIAL SERVICES

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

FEBRUARY 2026

00 17 01 - 3 SPECIAL SERVICES

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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40 61 00 - 1 PACKAGE PROCESS CONTROL REQUIREMENTS

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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40 61 00 - 3 PACKAGE PROCESS CONTROL REQUIREMENTS

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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REQUIREMENTS

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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REQUIREMENTS

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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REQUIREMENTS

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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46 53 49 - 2 MBR SYSTEM

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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46 53 49 - 4 MBR SYSTEM

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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46 53 49 - 6 MBR SYSTEM

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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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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46 53 49 - 10 MBR SYSTEM

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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46 53 49 - 11 MBR SYSTEM

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.

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.

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: Twoway 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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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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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.

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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.

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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

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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

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

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(

)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

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

.ON

RETSEGID

CIBOREA

.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

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

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

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

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

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

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

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

WALL PACL STORAGE TANK

JANUARY 2026 11 26

M00-05

SCALE: NOT TO SCALE

ATO ATO DRN

CLIENT INFORMATION

M01-02

TOWN OF CENTREVILLE

116 JOHNSTOWN LANE, CENTREVILLE, MD

CENTREVILLE WWTP ENR

UPGRADE AND EXPANSION

KEY PLAN

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

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

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

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

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

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

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

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

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

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)

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

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

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

M06-01 METHANOL FACILITY PLAN

SCALE: 3/4" = 1'-0"

M06-01

JANUARY 2026 22 26

ATO SR DRN

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

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:

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CCM

30-40E

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20-40E\NOITCUDORP\SGNIWARD

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RNE

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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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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).

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 1 January 2026

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 nondiscrimination, 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 subagreement 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

2 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 3 January 2026

• 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).

4 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 5 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.

6 January 2026

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) 7 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 8 January 2026 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.

9 January 2026

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 # 10 January 2026 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 11 January 2026

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 # ______________________

12 January 2026 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.

13 January 2026

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)).

14 January 2026

• 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)).

15 January 2026

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.

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.

16 January 2026 § 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.

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.

17 January 2026 § 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 18 January 2026

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 ondistrict and regional offices to assist small structure/contracting/workingbusinesses 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-smallbusiness-size-standards 19 January 2026 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 20 January 2026 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 21 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.

22 January 2026 23 January 2026 24 January 2026 25 January 2026 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: ________

8’ 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 27 January 2026

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 28 January 2026 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

29 January 2026 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.

30 January 2026 (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

31 January 2026 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

32 January 2026 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, 33 January 2026 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.

34 January 2026

(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.

35 January 2026

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.) 36 January 2026

(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.

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.

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

37 January 2026 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.

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

Sub recipients may obtain wage determinations from the DOL’s website, https://sam.gov/.

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.

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 38 January 2026 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.

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

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

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 39 January 2026 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

(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

(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.

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.

40 January 2026

(4) Apprentices and trainees--

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they

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

apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

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.

(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

(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

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which

(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 42 January 2026 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

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.

(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 43 January 2026 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.

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 44 January 2026 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

(i) While the solicitation remains open, the sub recipient shall monitor https://sam.gov/ weekly to

interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the sub recipient.

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

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 45 January 2026 or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage

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

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.

Sub recipients may obtain wage determinations from the U.S. Department of Labor’s website, https://sam.gov/.

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.

46 January 2026 (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.

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.

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 47 January 2026 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),

certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

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).

(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

(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.

48 January 2026 (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.

(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, 49 January 2026 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.

(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

(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.

50 January 2026

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

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth

(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

(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours

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.

51 January 2026