Cary-Apex Water Treatment Facility Filter Media Replacement Services

Template revised May 2021 TOWN Of CARY North Carolina REQUEST FOR PROPOSALS Issued by: Utilities Department Direct Inquiries to: Betsy Drake, PE Senior Project Manager Email: betsy.drake@townofcary.org RFP Name: Cary-Apex Water Treatment Facility Filter Media Replacement Services RFP Number: 354-UT23-27 Issue Date: December 20, 2022 Proposal Due Date: January 31, 2023 Table of Contents 1 REQUEST FOR PROPOSALS ....................................................................... 2 1.1 Introduction ....................................................................................................................... 2 1.2 Purpose and Background ................................................................................................... 2 1.3 Notice to Vendors Regarding RFP Terms and Conditions ............................................... 2 1.4 RFP Response Timeline

.................................................................................................... 3 1.5 Pre-Proposal Conference/Site Visit ................................................................................... 3 1.6 Proposal Questions ............................................................................................................ 3 1.7 Proposal Submission Requirements and Contact Information .......................................... 3 1.8 Rights to Submitted Material ............................................................................................ 4 2 PROPOSALS .................................................................................................. 4 2.1 Request for Proposal Document ........................................................................................ 6 2.2 Evaluation Criteria ............................................................................................................ 6 2.3 Proposal Evaluation Process ............................................................................................. 6 2.4 Final Selection ................................................................................................................... 7 2.5 Contract Term ................................................................................................................... 7 2.6 Invoices ............................................................................ Error! Bookmark not defined. 2.7 Notice to Proposers Regarding RFP Terms and Conditions ............................................. 7 3 SCOPE OF SERVICES .................................................................................. 8 4 COST PROPOSAL/EXECUTION OF PROPOSAL ......................................... 9 5 REFERENCES .............................................................................................. 13 INSTRUCTIONS TO VENDORS ........................................................................ 15 TOWN OF CARY STANDARD TERMS AND CONDITIONS.............................. 17 2 1 REQUEST FOR PROPOSALS 1.1 Introduction The Town of Cary is requesting proposals to provide services to remove and replace media in six (6) of its dual media filtration basins at the Cary-Apex Water Treatment Facility (CAWTF). This work will allow the filters to be converted to biofilters. The general scope of work will include removal of the sand and anthracite media in each filter basin, cleaning of the basin, and refilling the basin with a layer of sand media topped with granular activated carbon. The selected contractor is expected to include provision of the new media as well as removal of the old media from the site in their proposal. The selected contractor shall assume full responsibility and accountability for all work in changing out the filter media in the six (6) filters. Procurement and installation of filter media is expected to be complete within 18 months of contract execution. Detailed project specifications are included in Appendix A. 1.2 Purpose and Background The Cary/Apex Water Treatment Facility is a regional water treatment facility that serves the Towns of Cary, Apex, and Morrisville, as well as portions of Research Triangle Park and Wake County. It is jointly owned by the Towns of Cary and Apex and provides water to approximately 280,000 people. The facilitys water source is a nearby reservoir that also serves as a recreation area. The quality of the raw water varies seasonally based on weather conditions, which is currently addressed through ozonation and the addition of powder activated carbon. The existing process utilizes conventional filtration with dual media filters. In 2018, the Town completed a pilot study to determine whether converting the filters to biofilters would improve treatment capability while reducing chemical consumption. The pilot study was successful, and the Town is preparing for full- scale implementation of biofiltration. Implementation will be completed in phases and this proposal includes the media replacement necessary for the first phase of the project. 1.3 Notice to Vendors Regarding RFP Terms and Conditions It shall be the Vendors responsibility to read the Instructions, the Towns terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those MUST be submitted as questions in accordance within the instructions in Section 1.6 Proposal Questions. If the Town determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The Town may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question submission period. Other than through this process, the Town rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendors proposal. This applies to any language appearing in or attached to the document as part of the Vendors proposal that purports to vary any terms and conditions or Vendors instructions herein or to render the proposal non-binding or subject to further negotiation. Vendors proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendors proposal as nonresponsive. 3 If a Vendor desires modification of the terms and conditions of this solicitation, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the Town. Identification of objections or exceptions to the Towns terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected. 1.4 RFP Response Timeline The RFP process shall adhere to the following schedule: Note: All times shown as Eastern Time (ET). 1.5 Pre-Proposal Conference/Site Visit All Proposers are encouraged to attend a PREPROPOSAL CONFERENCE/SITE VISIT on January 10, 2023 at 10:30 am in the conference room of the Cary-Apex Water Treatment Facility. A summary of all questions and answers will be posted on the internet as an addendum, located under the RFP # being modified. It is the Proposer's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned. 1.6 Proposal Questions Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. The Town will not entertain any further questions after the due date. Written questions shall be emailed to betsy.drake@townofcary.org by the date and time specified above. QUESTIONS MUST BE SUBMITTED IN WRITING TO RECEIVE A RESPONSE. Vendors should enter RFP #354-UT23-27: Questions as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below: Reference Vendor Question RFP Section, Page Number Vendor question ? Questions received prior to the submission deadline date, the Towns response, and any additional terms deemed necessary by the Town will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Town personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 1.7 Proposal Submission Requirements and Contact Information Submittal Requirements and Contact Information Electronic responses ONLY will be accepted using the eBid button displayed on the NC IPS website. Proposals must be clearly marked with name of the RFP Process Date and time RFP posted December 20, 2023 Pre-Proposal Conference January 10, 2023 10:30 am Proposers Written Questions Due January 19, 2023 5:00 pm Town Responses to Proposers questions January 24, 2023 5:00 pm Proposal Submission Deadline January 31, 2023 3:00 pm mailto:betsy.drake@townofcary.org http://www.ips.state.nc.us/ 4 submitting company, the RFP number and RFP title. Proposers must submit one (1) electronic version, submitted as a viewable and printable Adobe Portable Document File (PDF), on or before the submittal due date and time provided in Section 1.3. Submissions that do not comply with the stated submission method will be deemed non-responsive. The Town reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFP that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the Town. Proposals must follow the format as defined in Section 2 PROPOSALS. Respondents are cautioned not to make changes to any of the term and conditions in this solicitation. Doing so may render a Respondents proposal unacceptable and unresponsive for award. Question and inquiries must be made in writing as outlined in Section 1. 1.8 Rights to Submitted Material All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by Proposers (other than materials submitted as and qualifying as trade secrets under North Carolina law) shall become the property of the Town when received and the entire proposal shall be subject to the public records laws of the Town of Cary North Carolina except where a proper trade secrets exception has been made by the Proposer in accordance with the procedures allowed by North Carolina law. The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal. 2 PROPOSALS Responses must follow the format outlined herein. The Town may reject as non-responsive at its sole discretion any proposal or any part thereof that is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner: 1. Cover Letter/Letter of Intent Introduction letter with intent as it may pertain to the Request for Proposal. 2. Corporate Background and Experience This section shall include background information on the organization and should give details of experience with similar projects. The proposer must have completed a minimum of three (3) projects in the last ten (10) years involving installation of filter media in order to be considered. Proposers who do not meet the experience required may have their proposals rejected. A list of five (5) references (including contact persons and telephone numbers) for which similar work has been performed shall be included, and the list shall include all similar contracts performed by the Proposer in the past ten (10) years. The evaluators will randomly select at least three of these references, but the evaluators reserve the right to contact all the references listed if information from the three references contacted warrant further inquiry. The failure to list all similar contracts in the specified period may result in the rejection of the Proposers proposal. The evaluators may check all public sources to determine whether Proposer has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into Proposers performance of those contracts and the information obtained may be considered in evaluating Proposers proposal. 5 The five (5) references should be submitted on the reference form from Section 5 of this RFP. If there are more than five similar projects, they may be submitted in a list showing project name, owner name, contract value, and year completed. 3. Financial Statement The Proposer shall provide the following financial information: Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)). Recent shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP. Consolidated financial statements of the Proposers parent or related corporation/business entity shall not be considered, unless: (1) the Proposers actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the Town with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposers performance of the contract and the consolidated statement demonstrates the parent or related corporations/business entitys financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above. The Proposers failure to provide any of the above-referenced financial statements or failure to submit all the requested financial statements may result in the rejection of the Proposers proposal and rejection is more likely to occur if other Proposers provide financial documentation in compliance with the foregoing provisions. Proposers are also encouraged to explain any negative financial information in its financial statements and are encouraged to provide documentation supporting those explanations. All financial information, statements and/or documents provided in response to this proposal requirement shall be kept confidential, IF THE PROPOSER COMPLIES WITH PARAGRAPH 13 OF THE GENERAL INFORMATION ON SUBMITTING PROPOSALS BY MARKING THE FINANCIAL INFORMATION, STATEMENTS AND/OR DOCUMENTS CONFIDENTIAL. 4. Project Understanding, Approach and Schedule This section shall include, in narrative, outline, and/or graph form the Proposer's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each deliverable and the schedule for accomplishing each task shall be included. A Gantt chart will be acceptable for this purpose. Completion of this work is a priority for the Town, so the proposed project schedule will be considered in the evaluation process. 5. Team Qualifications This section must include the proposed staffing, deployment and organization of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience 6 of all project management and supervisory personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. The qualification form in Appendix B must be filled out and included with the proposal. Proposals that do not include a fully completed qualifications form may be rejected. 6. Cost Proposal The Cost Proposal must be submitted on the Proposal form in Section 4. All pages of the form must be completed and signed to be considered responsive. If an item is not applicable to the proposal, please indicate it as such on the signed form. 2.1 Request for Proposal Document The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. 2.2 Evaluation Criteria This is not a bid. There will not be a public bid opening. Proposals will be evaluated based on the following criteria: Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Cover letter / Letter of Intent 0 Corporate Background and Experience 10 Qualifications 35 Project Schedule and Coordination 20 Cost Proposal 35 Final Score Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation 2.3 Proposal Evaluation Process An evaluation team with representatives from the Towns of Cary and Apex shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. The Town will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor in a sealed envelope or package. All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the proposals from each responding firm will remain sealed and opened at time of review. Interested parties are cautioned that these costs and their components are 7 subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of Vendors pricing position. At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarificationand often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 2.2 EVALUATION CRITERIA, above. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Town reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the Town. 2.4 Final Selection Proposals will be reviewed after opening and will be ranked in order of choice. A recommendation will then be presented to the Town Manager for approval to negotiate a contract with the #1 choice and, if unsuccessful, to then pursue negotiations with the #2 choice. All Proposers will be notified of their standing immediately following Towns decision. Price quoted must be held firm for 90 days after the RFP is due. The Town reserves the right to make an award without further discussion of the proposal submitted. The Town shall not be bound or in any way obligated until both parties have executed a contract. The Town also reserves the right to delay the award of a contract or to not award a contract. The RFP may be awarded by individual task or total proposal, whichever is most advantageous to the Town of Cary. The general conditions and specifications of the RFP and the selected proposal, as amended by agreement between the Town and the selected Proposer including e-mail or written correspondence relative to the RFP, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in elimination of the Contractor from competition or in contract cancellation or termination. 2.5 Contract Term The Contract shall extend from the date of contract execution (the Effective Date) through the completion of the work and a one (1) year warranty period. The work is expected to be completed within twelve (12) to eighteen (18) months from notice to proceed. Modifications to the contract term may only be made through a written and executed amendment. 2.6 Notice to Proposers Regarding RFP Terms and Conditions It shall be the Proposers responsibility to read the Instructions, the Towns terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Proposers also are responsible for obtaining and complying with all addenda and other changes that may be issued in connection with this RFP. 8 3 SCOPE OF SERVICES 3.1 Project Overview The Town of Carys Cary/Apex Water Treatment Facility is designed to treat up to 56 million gallons per day (MGD) maximum day finished water flow. The current water treatment process includes dual media filtration to remove particulate materials. The Town desires to convert the process to biofiltration, which will require replacing the sand and anthracite layers with sand and granular activated carbon. This conversion will take place in multiple phases. This project consists of the media changeout work for Phase 1. Future phases will be completed under separate contracts to be advertised at a later date. In order to move ahead with the first phase, media will be replaced in six (6) of the filters. That replacement is covered in this RFP. The proposed work includes removal and disposal of the existing media, cleaning of the basins, installation of sand, disinfection, installation of granular activated carbon, and other work required to bring the filter basins back online. The awarded contractor shall provide services as set forth in this RFP. Services are further described in the specifications and general layout drawing attached as Appendix A. 9 4 COST PROPOSAL/EXECUTION OF PROPOSAL TOTAL LUMP SUM COST for the Project scope as indicated by the Request for Proposal (in words and figures): _______________________________________________________________________ __________________________________________________________________Dollars and __________________________Cents ($________________________) Bidder_____________________________________ (Print) NOTE: PROPOSAL SIGNATURE REQUIRED ON PAGE 12. ALL PROPOSALS MUST BE PROPERLY EXECUTED TO BE CONSIDERED RESPONSIVE. Supplier acknowledges they have read and understand the RFP requirements, including the following Addenda: 10 CERTIFIED LIST OF MAJOR SUBCONTRACTORS The Proposer, as part of the procedure for the submission of Proposals on the Project, submits the following list of Major Subcontractors to be used in the performance of work to be done on said Project. Changes to this list after opening of the Proposal shall only be as approved by the Owner upon request by the Proposer or as required by the Owner based upon review of Proposers submittals: TRADE SUBCONTRACTOR NAME AND ADDRESS It is understood and agreed that, if awarded a Contract, the Proposer shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. CERTIFICATION AFFIDAVIT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT, THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF. [If Proposer is not an individual, enter entity name here] By: (Signature) NAME OF SIGNER: (Please Print or Type) TITLE OF SIGNER: ________________________________ (Please Print or Type) DATE: 11 CERTIFIED LIST OF EQUIPMENT/MATERIAL MANUFACTURERS The Proposer, as part of the procedure for the submission of Proposals on the Project, submits the following list of Equipment/Materials Manufacturers to be used in the performance of work to be done on said Project. The list of Manufacturers and all equipment/materials furnished shall be based on requirements of the Request for Proposals. Changes to this list after the Proposal opening shall only be as approved by the Owner upon request by the Proposer or as required by the Owner based upon review of Proposers submittals: EQUIPMENT/MATERIALS MANUFACTURER It is understood and agreed that, if awarded a Contract, the Proposer shall not make any additions, deletions, or substitutions to this certified list without the consent of the Owner. Failure to identify a manufacturer for any or all the items listed shall constitute an entry of one of the manufacturers listed in its respective technical specification. CERTIFICATION AFFIDAVIT THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT, THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF. [If Proposer is not an individual, enter entity name here] By: (Signature) NAME OF SIGNER: (Please Print or Type) TITLE OF SIGNER: ________________________________ (Please Print or Type) DATE: 12 By submitting this proposal, the potential contractor certifies the following: This proposal is signed by an authorized representative of the firm. The cost and availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost. All labor costs, direct and indirect, have been determined and included in the proposed cost. The potential contractor has read and understands the conditions set forth in this RFP to include TOC general conditions/service terms, any addenda, and all attached exhibits and agrees to them with no exceptions. By: (Signature) Name: (Printed) Title: Date 13 5 REFERENCES Offeror must supply five (5) Governmental Agency or Private Company references for which media installation services have been performed during the past ten (10) years. Offerors are cautioned to provide accurate reference information. References will be checked during evaluation period. OFFEROR: _________________________________________________________________ CITY, STATE, ZIP: __________________________________________________________ Reference # 1 Agency or Firm Name: ________________________________________________________ Business Address _____________________________________________________________ City: ______________________________ State: ________ Zip Code: _____________ Phone Number: (____) ______________________ Fax Number: (____) ________________ Email Address: ______________________________________________________________ Reference # 2 Agency or Firm Name: ________________________________________________________ Business Address _____________________________________________________________ City: ______________________________ State: ________ Zip Code: _____________ Phone Number: (____) ______________________ Fax Number: (____) ________________ Email Address: ______________________________________________________________ Reference # 3 Agency or Firm Name: ________________________________________________________ Business Address ____________________________________________________________ City: ______________________________ State: ________ Zip Code: _____________ Phone Number: (____) ______________________ Fax Number: (____) ________________ Email Address: ______________________________________________________________ 14 Reference # 4 Agency or Firm Name: ________________________________________________________ Business Address ____________________________________________________________ City: ______________________________ State: ________ Zip Code: _____________ Phone Number: (____) ______________________ Fax Number: (____) ________________ Email Address: ______________________________________________________________ Reference # 5 Agency or Firm Name: ________________________________________________________ Business Address ____________________________________________________________ City: ______________________________ State: ________ Zip Code: _____________ Phone Number: (____) ______________________ Fax Number: (____) ________________ Email Address: ______________________________________________________________ 15 INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendors responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendors sole responsibility to ensure delivery by the designated time. 3. ACCEPTANCE AND REJECTION: The Town reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: The Town reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the Town, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the Town. 5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non- responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low): (1) Contract Terms, (2) RFP Terms, (3) Instructions in INSTRUCTIONS TO VENDORS, and (4) Vendors Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration. 8. MINORITY WOMEN BUSINESS ENTERPRISES (MWBE): The Town invites and encourages participation in this procurement process by minority women business enterprises (MWBE) in accordance with North Carolina General Statute 143-129. 9. DIVERSITY AND INCLUSION: The Town encourages vendors to have a diverse and inclusive project team involved in all aspects of this project. 10. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the Town will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as CONFIDENTIAL by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material 16 labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 11. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative therein, concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the Town directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendors proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the option of the Town, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted. 12. WITHDRAWAL OF PROPOSAL: A Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendors letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Division of Purchase and Contract. 13. INFORMAL COMMENTS: The Town shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the Town during the competitive process or after award. The Town is bound only by information provided in this RFP and in formal Addenda issued through IPS. 14. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendors sole responsibility; the Town will not reimburse any Vendor for any costs incurred prior to award. 15. VENDORS REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal. 16. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself. 17. INSPECTION AT VENDORS SITE: The Town reserves the right to inspect, at a reasonable time, the equipment/item, plant, or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary, for the Town determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract. 17 TOWN OF CARY STANDARD TERMS AND CONDITIONS Notwithstanding anything to the contrary contained in Contractors Proposal or in base contract, the following terms and conditions and the RFP, if any, apply and take precedence and control over inconsistent, ambiguous or contrary terms and conditions in Proposal or Base Contract. However, if Proposal or Contract imposes a more stringent standard or obligation on Contractor then the more stringent standard or obligation shall apply. 1. Definitions. For the purpose of this Standard Terms and Conditions (Standard Terms), the following definitions apply together with definitions contained in the body of these Standard Terms. Base Contract means the contract to which this is attached together with RFP and Proposal (if any). Contract means Base Contract together with this Standard Terms and Conditions (ST&C). Contractors Services or Services mean all products and services to be provided by Contractor under Contract. Proposal means Contractors proposal as accepted by Town. RFP means an invitation to bid, request for quotes, request for proposals, or the like. 2. Contractor Representations and Warranties. By executing Contract, Contractor represents and warrants that now and continuing for the term of Contract: a. Contractor is fully qualified, skilled and capable of performing Services in a fully competent, professional and timely manner; shall exercise reasonable care and diligence in performing Services; shall act in accordance with generally accepted standards of Contractors practice throughout the U.S.; and shall comply with Contract and with all applicable federal, state and local laws, ordinances, rules and regulations (collectively Laws and Regulations); b. Contractor is qualified to do business in North Carolina and will make all necessary filings and perform other actions required to remain in good standing with the North Carolina Secretary of State, and possesses all necessary licenses and certifications; c. Contractor shall perform all Services in a timely manner in accordance with all schedules for the project or required under Contract, time being of the essence; d. Contractor shall work in good faith with Town to meet requirements imposed by the federal or state government or other funding entity if grants are used to fund any portion of Contract; e. The individuals signing Contract have the right and power to do so and bind Contractor to the obligations set forth herein, and such individuals do so personally warrant that they have such authority. 3. Deliverables; Taxes. If Services include the delivery of deliverables to Town, Contractor shall submit to Town all deliverables, including reports, technical memoranda, testing protocol, designs, drawings, specifications, electronic databases and the like (collectively Deliverables) in electronic form in read-only MS-Windows compatible format (including pdf formats). All drawings shall be CAD generated and shall be provided on electronic media downloadable onto an AutoCAD based system. In order to meet US Justice Department standards for Internet 18 accessibility, all Deliverables (draft and final) intended for presentation on the Town of Cary's Web site must be provided in a manner and format compatible, consistent, and in compliance with all Town technology standards. Materials provided in PDF format must be screen-reader friendly and contain alternate text tags of no more than 34 characters for all graphics. Unless otherwise provided, Contractor is responsible for all applicable taxes and license fees and shall acquire all licenses and permits as required by Laws and regulations. 4. Ownership of Documents and Copyright/Town Seal. All Deliverables and other works developed in the performance of this Contract (Documents) shall be and become the property of Town and may be used on any other project without additional compensation to Contractor, provided that such other use shall be at the risk of the Town. If not provided to Town earlier, Contractor shall turn over to the Town in good unaltered condition, reproducible of all Documents within seven (7) days after Contract termination. Unless specifically agreed otherwise by Town, copyrights (if any) in Documents created under this Contract belong to Town. Town shall have a non-exclusive license to use Documents for which Contractor, or another, may own the copyright, if any. Contractor shall not use the seal of the Town of Cary. 5. Compensation, Default, Termination and Suspension. a. Compensation. Compensation shall be as set forth in Base Contract, and is the total price for all Services. Compensation shall be paid at completion of Services unless specifically provided otherwise. At completion of Services, or the relevant phase (if applicable) Contractor shall submit invoices showing all Services performed, and such other details as may be required by Contract. Town shall pay invoices for which it makes no objection within 30 days of receipt of invoice. b. Termination/Suspension for Convenience of the Town. Unless specifically provided otherwise, this Contract may be terminated without cause by the Town and for its convenience upon ten (10) days written notice to Contractor. Town may order Contractor in writing to suspend, delay or interrupt all or any part of Contractors services for the convenience of Town. c. Termination after Breach. After seven (7) days written notice to the other party of its default or breach, this Contract may be terminated by the noticing party. d. Compensation after Termination. (a) In the event of termination for the convenience of the Town, Contractor shall be paid that portion of Compensation that it has earned to the date of termination, plus an amount equal to (i) five percent (5%) of Compensation earned to date of termination or (ii) Contractors unearned Compensation, whichever is less, less any costs or expenses incurred or anticipated to be incurred by the Town due to errors or omissions of Contractor. (b) In the event of termination by reason of a material breach by the Town, Contractor shall be entitled to the same Compensation as it would have received had the Town terminated for convenience, and the Contractor expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination. (c) In the event of termination by reason of a material breach by Contractor, Contractor shall be paid that portion of Compensation that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by Town due to errors or omissions of Contractor or by reason of the Contractor's breach. 19 e. Provide Complete Documents. Should Contract be terminated for any reason, Town shall, nevertheless, have the right to require Contractor to (a) turn over to Town all finished, or unfinished Documents and (b) perform such additional effort as may be necessary to providing professionally certified and sealed drawings and to delivering to Town such certified and sealed drawings with respect to any phase or item of the Contractors services, for which effort the Contractor shall be compensated in accordance with Contract. 6. Insurance. Contractor and Contractors permitted subcontractors shall purchase and maintain on a primary basis and at its sole expense during the term and for three years after the termination of this Contract insurance for the following: protection from claims under Workers or Workmens Compensation Acts covering claims arising out of or related to bodily injury, including bodily injury, sickness, disease or death of any of Contractors employees or subcontractors; Commercial General Liability Insurance, including contractual liability and covering bodily injury, property damage, products and completed operations and personal injury; Commercial Automobile Liability Insurance, including owned, hired and non-owned vehicles, if any, covering bodily injury and property damage; Cyber Liability covering infringement, information theft, release of private information, damage, destruction and alteration of electronic information, extortion, network security, breach response costs, and regulatory fines; and Professional Liability/Errors & Omissions Insurance (if applicable) covering claims arising out of or related to Contractors performance under this Contract. Unless otherwise specified on Attachment 1, minimum limits of insurance coverage are: General Liability $1,000,000 per occurrence $2,000,000 aggregate Commercial Automobile Liability $1,000,000 CSL Commercial Excess Liability / Umbrella Policy $1,000,000 per occurrence Workers Compensation Statutory Limits Employers Liability $500,000 each accident Professional Liability $1,000,000 per claim Cyber Liability $2,000,000 per claim and aggregate The Contractor may satisfy the insurance limits above with a combination of primary and umbrella/excess liability insurance policies. Umbrella/Excess liability shall follow form as to each of the underlying policies. Any available insurance proceeds in excess of or broader than the specified minimum limits of insurance and coverage shall be available to the Town. The insurance policies are to contain, or be endorsed to contain, the following provisions: Insurers The minimum insurance ratings for any company insuring the Contractor shall be Best's A-. Should the ratings of any insurance carrier fall below the minimum rating, the Town may, at its option, require the Contractor to purchase insurance from a company whose rating meets the minimum standard. Contractors insurance carrier(s) shall be authorized to do business in the 20 state of North Carolina. If Contractor is unable to find an authorized carrier for any line of insurance coverage, Contractor shall notify Town in writing. Additional Insured Status All insurance policies (except Workers Compensation and Professional Liability) shall name the Town, its elected officials, officers, employees and volunteers as an additional insured. Notice of Cancellation Each policy shall provide that the Town shall receive not less than thirty (30) days prior written notice, when available, of any cancellation or non-renewal of coverage of any of the policies. Upon notice of such cancellation, non-renewal or if a policys limits are exhausted, Contractor shall procure substitute insurance so as to assure Town that the minimum limits of coverage are maintained continuously throughout the periods specified herein. Primary Contractors insurance coverage shall be primary for any claims related to this agreement. Waiver of Subrogation The insurer shall have no right of recovery or subrogation against Town, its agents or agencies, it being the intention of the parties that the insurance policies shall protect Town and be primary coverage for any and all losses covered by the policies. Verification of Coverage A certificate of insurance and all endorsements required shall be provided at, or prior to, execution of this Contract. The Towns review or acceptance of certificates of insurance shall neither relieve Contractor of any requirement to provide the specific insurance coverage set forth herein nor shall it constitute a waiver or acknowledgement of satisfaction of the specific insurance requirements set forth in this Contract. Certificate Holder address should read: Town of Cary PO Box 8005 Cary, NC 27512-8005 Special Risks or Circumstances The Town reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. Indemnification. a. General Indemnity. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless the Town, its officers and employees, from and against all claims, costs, civil penalties, fines, losses, and damages (including but not limited to professionals fees and charges and all court or other dispute resolution costs), by whomsoever brought or alleged, arising out of, resulting from, or in connection with (a) any breach by Contractor of any term or condition of Contract, (b) any breach or violation by Contractor of any applicable Law or Regulation, or (c) any other cause resulting from any act or failure to act by Contractor under this Contract, but only to the 21 extent caused by any negligence or omission of Contractor. This indemnification shall survive the termination of Contract. b. Intellectual Property Indemnity. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless the Town, its officers and employees, from and against all claims, costs, civil penalties, fines, losses, and damages (including but not limited to all professionals fees and charges and all court or arbitration or other dispute resolution costs), by whomsoever brought or alleged, arising out of or related to infringement of patent rights, copyrights, or other intellectual property rights, except with respect to designs, processes or products of a particular manufacturer expressly required by Town in writing (Town required design). If Contractor has reason to believe the use of a Town required design is an infringement of an intellectual property right, Contractor shall be responsible for such loss unless such information is given to the Town immediately upon becoming aware of such possible infringement. This indemnification shall survive termination of Contract. 8. Prohibited Contract terms. In no event shall there be any of the following without Towns express prior written agreement: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any requirement for arbitration or for mandatory mediation; (iv) any requirement that Town officials or employees keep information confidential or any requirement that records be kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the Public Records Law (N.C.G.S. 132-1 et.seq.). 9. Independent Contractor. Contractor is an independent contractor and is solely responsible for its Services and the supervision of its employees and permitted subcontractors. All persons assigned by Contractor to provide Services pursuant to this Contract shall, for all purposes of this Contract, be considered employees of Contractor only. Contractor shall assume the sole and exclusive responsibility for the payment of wages to individuals for services performed under this Contract and the withholding of all applicable Federal, State, and local taxes, unemployment insurance, and maintaining workers compensation coverage in an amount and under such terms as required by law. If Town notifies Contractor in writing that any person providing Services appears to be incompetent, disorderly, or otherwise unsatisfactory to Town, such person shall be removed from the project and shall not again be employed on it except with the prior written consent of Town. No extension to any Milestone Date or completion date will be granted for replacement of such personnel or subcontractors. 10. Public Records. Contractor acknowledges that that records in the custody of Town are public records and subject to public records requests. Town may provide copies of such records, including copyrighted records, in response to public record requests, except that, upon request of and indemnification by Contractor, the Town will not disclose records that meet all of the requirements of a trade secret as set forth in N.C.G.S. 66-152, that are specifically designated as a trade secret or confidential at the time of initial disclosure by contractor, and that are otherwise entitled to protection under N.C.G.S. 132-1.2(1). If Contractor, its employees or subcontractors, during provision of Services, becomes aware of or has access to confidential records or information or information of the Town that is protected from disclosure by Federal or State law (Confidential Information), Contractor, its employees and subcontractors, shall not 22 disclose any such Confidential Information. Any definition of confidential, confidential information, trade secret, or the like contained in Base Contract is hereby disclaimed and deleted. 11. Entire Agreement; Amendments to Contract. This Contract represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral, including clickthrough agreements, clickwrap agreements, clickwrap licenses, or similar non-reciprocal agreements (collectively, clickthrough agreement). Contract may be amended only by written amendment signed by both parties. Neither party may amend, or seek to amend, this Contract by clickthrough agreement. 12. Dissemination of Information. The Town takes efforts to assure that accurate information about the Town is disseminated such that neither the public trust nor the publics perception of Town impartiality is compromised. Contractor, mindful of those efforts, agrees that it shall not publicly disseminate any information concerning the Services without prior approval from Town. Any approval given by the Town may be given with certain stipulations, such as Town participation in the creation of the public product or Town review and the option to refuse ultimate release of the final product should it fail to meet the Towns standards and goals. Publicly disseminate means but is not limited to electronic, video, audio, photographic or hard copy materials serving as, in whole or part, advertising, sales promotion, professional papers or presentations, news releases, articles, or other media products, and/or Contractors business collateral pieces. Notwithstanding the foregoing, the parties agree that Contractor may list Town as a reference in response to requests for proposal and may identify the Town as a customer in presentations to potential customers. 13. Limited Assignment/Delegation. This Contract shall bind Contractor and its successors and permitted assigns. Contractor shall not assign or transfer its rights or interest in Contract (including the right to payment), nor shall contractor delegate its duties under Contract, without the Towns written consent, which the Town may grant or withhold in its sole discretion. The Towns consent shall not release Contractor of any obligation under Contract and Contractor and permitted assigns shall be subject to all of Towns defenses. Any attempt to assign Contract without the prior written approval of Town shall be void. If Contractor utilizes approved subcontractors, Contractor shall be responsible for the scheduling, completeness, quality, accuracy and timeliness of all their work. Town has the right to request that any subcontractor be replaced due to unsatisfactory performance. 14. Governing Law. The parties acknowledge Contract is a business contract subject to the provisions of N.C.G.S. Chapter 1G and agree that Contract and the rights and duties of the Parties shall be governed by the laws of the State of North Carolina, without regards to conflict of laws provisions. The Parties further agree that any dispute arising from Contract shall be litigated in the courts of the State of North Carolina and any and all suits or actions related to Contract shall be brought exclusively in Wake County, North Carolina. Service of process on Contractor may be affected by delivery by any method permitted under the N.C. Rules of Civil Procedure and by the same method on the office or individual specified in Paragraph 19 Notice or on any officer of the Contractor. 23 15. Severability. If any provision of Contract is held as a matter of law to be unenforceable, the remainder of Contract shall be enforceable without such provision. 16. Non-Exclusive Remedies/No Waiver. The selection of one or more remedies for breach shall not limit a partys right to invoke any other remedy available under Contract or by law. No delay, omission or forbearance to exercise any right, power or remedy accruing to a party shall impair any such right, power or remedy or shall be construed to be a waiver of any breach hereof or default. Every right, power or remedy may be exercised from time-to-time and as often as deemed expedient. 17. Survival. All representations, indemnifications and other terms and conditions of Contract which by their nature should survive Contract termination shall survive its expiration or termination. 18. Conduct. Town has adopted a Mission Statement and Statement of Values. To support these values, Town has published Working with the Town of CaryA Guide for Temporary Employees, Contractors, Consultants, and Volunteers. To the extent consistent with the terms and conditions of Contract, Contractor agrees to support and abide by the policies and elements contained in the chapters titled Our Culture and Working with the Media in such publication. 19. Notice. All notices shall be in writing and delivered to the other party by personal delivery, commercially recognized overnight courier service, or prepaid U.S. certified mail, return receipt requested, addressed as follows: to Contractor: To the Contractors address provided in Contract, or as otherwise specified in writing to Town by Contractor. to Town: Project Manager, Town of Cary, 316 N. Academy St., P.O. Box 8005, Cary, NC 27512-8005. Contractor shall specify Project Manager by full name, and shall include name of Project. Notice shall be effective upon the earlier of: (a) actual receipt; or (b) 3 days after deposit in the U.S. mail or other service. Each party is responsible for notifying the other of any change of address. 20. Gifts and Favors. Contractor shall become aware of and comply with laws related to gifts and favors, conflicts of interest and the like, including N.C.G.S. 14-234, N.C.G.S. 133-1, and N.C.G.S. 133-32. 21. Nondiscrimination. To the extent permitted by law, neither Party, their officers, employees, contractors, agents, successors, or permitted assigns, shall discriminate against any member of a protected class as defined by federal, state, or local law, including Wake County Code of Ordinances Section 34.01. 22. Dispute Resolution. If Services are performed in connection with a construction contract subject to N.C.G.S. 143-128(f1), and a dispute arises with an amount in controversy that exceeds $15,000.00 Contractor shall participate in the Towns dispute resolution process. 24 23. Electronic Version of Contract. Town may convert a signed original of the Contract to an electronic record pursuant to a North Carolina Department of Natural and Cultural Resources approved procedure and process for converting paper records to electronic records for record retention purposes. Such electronic record of the Contract shall be deemed for all purposes to be an original signed Contract. 24. Verification of Work Authorization. Contractor, and all subcontractors, shall comply with Article 2, Chapter 64, of the North Carolina General Statutes. 25. No Third-Party Beneficiaries. Unless otherwise explicitly stated, there are no third-party beneficiaries to Contract. 26. Pre-Audit Requirement. This Contract has not been fully executed and is not effective until the Preaudit Certificate (if required by N.C.G.S. 159-28) has been affixed and signed by the Town of Cary finance officer or deputy finance officer. 27. Performance of Government Functions. Nothing contained in this Contract shall be deemed or construed so as to restrict or inhibit the Towns police powers or regulatory authority. 28. Principles of Interpretation and Definitions. In this Contract, unless the context requires otherwise: (1) The singular includes the plural and the plural the singular. The pronouns it and its include the masculine and feminine. (2) References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words include, including, etc. mean include, including, etc. without limitation. (3) References to a Section or section or paragraph shall mean a section or paragraph of this Contract. (4) Contract and Agreement, whether or not capitalized, refer to this instrument. (5) Titles of sections, paragraphs, and articles are for convenience only, and shall not be construed to affect the meaning of this Contract. (6) Duties includes obligations. (7) The word person includes natural persons, firms, companies, associations, partnerships, trusts, corporations, governmental agencies and units, and other legal entities. (8) The word shall is mandatory. (9) The word day means calendar day. (10) Normal business hours means Monday through Friday from 8:00 a.m. until 5:00 p.m. Eastern Time. 29. Further Assurances. Contractor agrees that it will cooperate with Town and will execute and deliver, or cause to be delivered, all such other instruments, and will take all such other actions, as Town may reasonably request from time to time in order to effectuate the provisions and purposes of Contract. 30. No Waiver of Immunity. Nothing in this Contract shall be construed to mandate purchase of insurance by Town pursuant to N.C.G.S. 160A-485 or to in any way waive Town's defense of immunity from any cause of action alleged or brought against any Party for any reason if otherwise available as a matter of law. No officer, agent or employee of Town shall be subject to any personal liability by reason of the execution of this Contract or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute this Contract in their official capacities only, and not in their individual capacities. This 25 section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 31. Federal Funds. The Contractor shall make all necessary inquiries to correctly identify the source of funding for Contract. If the source of funds for Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable), unless a more stringent state or local law or regulation is applicable: Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland Anti-Kickback Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. 200.322); and Record Retention Requirements (2 CFR 200.324). 32. Emergencies. Notwithstanding anything else in this Contract, while federal, state, or local state(s) of emergency are in effect, or when a public health emergency has been declared, Contractor shall comply with all guidance and recommendations of the Centers for Disease Control, the State of North Carolina, Wake County, or Chatham County, unless mutually agreed to by Town and Contractor. 33. Electronic Signatures. Professional acknowledges and agrees that the electronic signature application DocuSign may be used, at the sole election of the Town, to execute this Agreement and any associated documents. By selecting "I Agree," I Accept, or other similar item, button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign application, Professional consents to be legally bound by the terms and conditions of this Agreement and that such act constitutes Professional's signature as if actually signed by Professional in writing. Professional also agrees that no certification authority or other third-party verification is necessary to validate its electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of its electronic signature. Professional acknowledges and agrees that delivery of a copy of this Agreement or any other document contemplated hereby, through the DocuSign application, will have the same effect as physical delivery of the paper document bearing an original written signature. 26 APPENDIX A SPECIFICATIONS AND LAYOUT DRAWING SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 THE REQUIREMENTS A. The work to be done under this contract and in accordance with these specifications consists of furnishing all equipment, superintendence, labor, skill, material, and all other items necessary for the Town of Cary filter media replacement project. The CONTRACTOR shall perform all work required for the project in accordance with the contract documents and subject to the terms and conditions of the contract, complete and ready for use. B. The principal features of the work to be performed under this contract include removal and disposal of existing sand and anthracite filter media for six dual-media gravity filters and replacement of filter media with sand and granular activated carbon. Work includes completing all work necessary to bring the six filters back into service. C. The foregoing description shall not be construed as a complete description of all work required. 1.02 CONTRACT DOCUMENTS A. The work to be done is shown in the RFP entitled XXXXXXX and dated XXXXX. All specification sections shall be considered an integral part of the contract document as defined herein. B. Certain document sections refer to divisions of the contract specification. Sections are each individually numbered portions of the specifications numerically, such as 08110, 13182, 15206, etc. The term division is used as a convenience term meaning all Sections within a numerical grouping. Division 16 would thus include Section 160000 through 16903. 1.03 ADDITIONAL OWNERS EXPENSES A. Unless otherwise specifically permitted, the normal time of work under this contract is limited to 8 hours per day, Monday through Friday. Work beyond these hours may result in additional expense to the OWNER. Any expenses and or damages arising from the CONTRACTORs operations beyond the hours and days specified above shall be borne by the CONTRACTOR. B. Charges for additional OWNERs expenses shall be in addition to any liquidated damages assessed in accordance with the Contract. 1.04 TIME OF WORK A. The normal time of work for this Contract shall generally be between the hours of 7:00 am and 5:00 pm, Monday through Friday. Work shall not be allowed on weekends or Town Holidays without pre-approval from the OWNER. Requests for work outside of normal Contract times shall be requested a minimum of 72 hours in advance. Approval of such requests is not guaranteed, and disapproval of a time request shall not be cause for a claim by the CONTRACTOR. 1.05 SITE ACCESS A. CONTRACTOR shall maintain access to roads at all times. Where drives or other items are disturbed, temporary drives and other improvements shall be made immediately. ABC stone shall be used to maintain temporary driveways. All work here is incidental to the Contract. B. CONTRACTOR shall provide portable toilet facilities on-site for workers. Toilet facilities in existing buildings are not available for workers. C. Use of tobacco products, alcoholic beverages, and other controlled substances on Project site shall not be permitted. D. CONTRACTOR employees, vendors, subcontractors and suppliers are to wear ID badges with employee name and company name at all times on the property. E. CONTRACTOR shall utilize only the areas mutually agreed to by CONTRACTOR and OWNER to temporarily store materials and/or equipment required for construction. F. CONTRACTOR shall maintain a daily sign-in sheet with employees, subcontractors, and suppliers present on the site. The sign-in sheet shall be made available to OWNER for review. G. Criminal history check 1. CONTRACTOR shall provide written background check for all employees, subcontractors, and suppliers which will come one site. 2. The background check shall be performed and submitted by a third-party CONTRACTOR. a. The background check shall include the following: b. Address, name, and employment history with SSN trace. c. Immigration status. d. Driving record. e. Federal, state, and county criminal history searches for felonies and misdemeanors over the past seven years. 3. The background check shall be accompanied by a written release from the employee that the information can be shared. 4. The CONTRACTOR shall maintain a list of employees with approved background checks on site. 5. The background check shall be provided to the OWNER. The OWNER will solely determine if the employee is acceptable or not. 6. The background check shall be provided to the OWNER a minimum of one week prior to the employee is to arrive on site. 7. The CONTRACTOR shall maintain a daily sign-in sheet with employees, subcontractors and suppliers present on the site. The sign-in sheet shall be made available to the OWNER for review. 1.06 WEATHER CONDITIONS A. No work shall be done when the weather is unsuitable. The CONTRACTOR shall take necessary precautions (in the event of impending storms) to protect all work, materials, and equipment from damage or deterioration due to floods, driving rain, wind, and/or snowstorms. The OWNER reserves the right to order that additional protection measures over and beyond those proposed by the CONTRACTOR be taken to safeguard all components of the Project. Should work be permitted during freezing weather, CONTRACTOR shall provide and maintain approved facilities for heating the materials and for protecting the finished work. The CONTRACTOR shall not claim any compensation for such precautionary measures so ordered nor claim any compensation from the OWNER for damage to the work from weather elements. 1.07 PERIODIC CLEANUP; BASIC SITE RESTORATION A. During construction, the CONTRACTOR shall regularly remove from the site of the work all accumulated debris and surplus materials of any kind which result from his operations. Unused equipment and tools shall be stored at the CONTRACTORs yard and base of operations for the Project. B. The CONTRACTOR shall perform the cleanup work on a regular basis and as frequently as required by OWNER. Basic site restoration in a particular area shall be accomplished immediately following the installation or completion of the required facilities in that area. Furthermore, such work shall also be accomplished if partially completed facilities must remain incomplete for some period due to unforeseen circumstances. C. Upon failure of the CONTRACTOR to perform periodic cleanup and basic restoration of the site to the OWNERs satisfaction, the OWNER may, upon five (5) days prior written notice to the CONTRACTOR, without prejudice to any other rights or remedies of the OWNER, cause such work for which the CONTRACTOR is responsible to be accomplished to the extent deemed necessary by the OWNER and all costs resulting therefrom shall be charged to the CONTRACTOR and deducted from the amounts of money that may be due him. 1.08 PRE-CONSTRUCTION VIDEO A. The CONTRACTOR shall complete a pre-construction video of the entire project site. The video shall be turned over to the OWNER prior to beginning construction activities. The video shall clearly identify existing site and structural conditions prior to construction. 1.09 PROJECT MEETINGS A. Project Meetings 1. The OWNER will conduct meetings involving: a. CONTRACTORs project manager b. CONTRACTORs project superintendent c. OWNERs designated representatives d. CONTRACTORs subcontractors as appropriate 2. Meetings will be conducted once per week 3. The OWNER will take meeting minutes and submit copies of minutes to participants and designated recipients identified at the Pre-project Conference a. Corrections, additions, or deletions to the minutes shall be noted and addressed at the following meeting. 4. The OWNER will schedule meetings at a time agreed to between the CONTRACTOR and the OWNER. B. Pre-Installation Meetings 1. Coordinate and schedule with OWNER for each material specified. a. Meetings to be held prior to initiating installation, but not more than two (2) weeks before scheduled initiation of installation. b. Meetings may be combined if installation of multiple components occurs within the same two (2) week period. c. Review manufacturers recommendations and Contract Specifications. 2. CONTRACTORs Superintendent and individual who will act as foreman for installation crew (if other than Superintendent) shall attend. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) SECTION 01340 SUBMITTALS PART 1 GENERAL 1.01 THE REQUIREMENTS A. This Section includes mechanics and administration of the submittal process for: a. Shop Drawings. b. Samples. c. Miscellaneous submittals. d. General content requirements for Shop Drawings. 1.02 DEFINITIONS A. Shop Drawings: 1. Product data and samples are Shop Drawing information. B. Miscellaneous Submittals: 1. Submittals other than Shop Drawings 2. Representative types of miscellaneous submittal items include but are not limited to: a. Project schedule b. Manufacturer's installation certification letters. c. Warranties. d. Service agreements. e. Project photographs. f. Survey data. g. Cost breakdown (Schedule of Values). 1.03 SUBMITTAL SCHEDULE A. Schedule of Shop Drawings: 1. Submitted and approved within 20 days of receipt of Notice to Proceed. 2. Account for multiple transmittals under any specification section where partial submittals will be transmitted B. Shop Drawings: Submittal and approval prior to 50 percent completion. 1.04 PREPARATION OF SUBMITTALS A. General: 1. All submittals and all pages of all copies of a submittal shall be completely legible. 2. Submittals which, in the OWNERs sole opinion, are illegible will be returned without review. 3. Submit a PDF version of each submittal per requirements listed in subsection 1.04.D. B. Shop Drawings: 1. Scope of any submittal and letter of transmittal: a. Limited to one (1) Specification Section. 2. Numbering letter of transmittal: a. Include as prefix the Specification Section number followed by a series number, "-xx", beginning with "01" and increasing sequentially with each additional transmittal. b. If more than one (1) submittal under any Specification Section, assign consecutive series numbers to subsequent transmittal letters. c. Example numbering: (a) Filter Sand, first submittal: 11371-01. (b) Filter Sand, resubmittal: 11371-01A. 3. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receiving an independent review action. b. Identify for each item: (a) Manufacturer and Manufacturer's Drawing or data number. (b) Unique page numbers for each page of each separate item. 4. CONTRACTOR stamping: a. General: (a) CONTRACTOR's review and approval stamp shall be applied either to the letter of transmittal or a separate sheet preceding each independent item in the submittal. (i) CONTRACTOR's signature and date shall be electronic signature. (ii) Shop Drawing submittal stamp shall read "(CONTRACTOR's Name) has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval as stipulated in Contract Documents (iii) Letters of transmittal may be stamped only when the scope of the submittal is one (1) item. (b) Submittals containing multiple independent items shall be prepared with an index sheet for each item listing the discrete page numbers for each page of that item, which shall be stamped with the CONTRACTOR's review and approval stamp. (i) Individual pages or sheets of independent items shall be numbered in a manner that permits CONTRACTOR's review and approval stamp to be associated with the entire contents of a particular item. b. Electronic stamps: (a) CONTRACTOR may electronically embed CONTRACTOR's review and approval stamp to either the letter of transmittal or a separate index sheet preceding each independent item in the submittal. 5. Resubmittals: a. Number with original root number and a suffix letter starting with "A" on a (new) duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Account for all components of prior transmittal. (a) If items in prior transmittal received "A" or "B" Action code, list them and indicate "A" or "B" as appropriate. (b) Do not include submittal information for items listed with prior "A" or "B" Action in resubmittal. (c) Indicate "Outstanding-To Be Resubmitted at a Later Date" for any prior "C" or "D" Action item not included in resubmittal. (d) Obtain Engineer's approval to exclude items. 6. Provide clear space (3 IN SQ) for Engineer stamping of each component defined in PREPARATION OF SUBMITTALS CONTRACTOR Stamping. 7. Outline CONTRACTOR marks on documents with a rectangular box. 8. Transmittal contents: a. Coordinate and identify Shop Drawing contents so that all items can be easily verified by the Engineer. b. Identify equipment or material use, tag number, Drawing detail reference, weight, and other Project specific information. c. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted complies with the Contract Documents. d. Submit items such as equipment brochures, cuts of fixtures, product data sheets or catalog sheets in PDF format and indicate exact item or model and all options proposed. e. When a Shop Drawing submittal is called for in any Specification Section, include as appropriate, scaled details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling instructions, color charts, layout Drawings, rough-in diagrams, wiring diagrams, controls, weights, and other pertinent data in addition to information specifically stipulated in the Specification Section. (a) Arrange data and performance information in format similar to that provided in Contract Documents. (b) Provide, at minimum, the detail specified in the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. 9. Samples: a. Identification: (a) Identify sample as to transmittal number, manufacturer, item, use, type, project designation, tag number, standard Specification Section or Drawing detail reference, color, range, texture, finish, and other pertinent data. (b) If identifying information cannot be marked directly on sample without defacing or adversely altering samples, provide a durable tag with identifying information securely attached to the sample. b. Include application specific brochures, and installation instructions. c. Provide CONTRACTOR's stamp of approval on samples or transmittal form as indication of CONTRACTOR's checking and verification of dimensions and coordination with interrelated work. d. Resubmit samples of rejected items. C. Miscellaneous Submittals: 1. Prepare in the format and detail specified in Specification requiring the miscellaneous submittal. D. Electronic copy submittals: 1. Electronic copies of the approved submittals are to be produced in Adobe Acrobat's Portable Document Format (PDF) Version 6.0 or higher. 2. Do not password protect and/or lock the PDF document. 3. Create one (1) PDF document (PDF file) for each submittal. a. Drawings or other graphics must be converted to PDF format and made part of the one PDF document. b. Scanning to be used only where actual file conversion is not possible. c. Rotate pages that must be viewed in landscape to the appropriate position for easy reading. d. Images only shall be scanned at a resolution of 300 dpi or greater. (a) Perform Optical Character Recognition (OCR) capture on all images. (b) Achieve OCR with the "original image with hidden text" option. (c) Word searches of the PDF document must operate successfully to demonstrate OCR compliance. e. Create bookmarks in the navigation frame, for each entry in the Table of Contents/Index. (a) Normally three (3) levels deep (i.e., "Chapter," "Section," "Sub- section"). f. Thumbnails must be generated for each PDF file. g. Set the opening view for PDF files as follows: (a) Initial view: Bookmarks and Page. (b) Magnification: Fit in Window. (c) Page layout: Single page. (d) Set the file to open to the cover page of the submittal with bookmarks to the left, and the first bookmark linked to the cover page. h. All PDF documents shall be set with the option "Fast Web View" to open the first pages of the document for the viewer while the rest of the document continues to load. i. File naming conventions: (a) File names shall use a "ten dot three" convention (XXXXX-YY- Z.PDF) where XXXXX is the Specification Section number, YY is the Shop Drawing Root number and Z is an ID number used to designate the associated volume. (i) Example 1: 1. Two (2) pumps submitted as separate Shop Drawings under the same Specification Section: a. Pump 1 = 11061-01-1.pdf. b. Pump 2 = 11061-02-1.pdf. (ii) Example 2: 1. Control system submitted as one (1) Shop Drawing but separated into two O&M volumes: a. Volume 1 = 13440-01-1.pdf. b. Volume 2 = 13440-01-2.pdf. 4. Labeling: a. As a minimum, include the following labeling on all external media (such as CD-ROM or flash drive): (a) Project Name. (b) Equipment Name and Project Tag Number. (c) Project Specification Section. (d) Manufacturer Name. (e) Vendor Name. 1.05 TRANSMITTAL OF SUBMITTALS A. Shop Drawings, Samples, and Miscellaneous Submittals: 1. Transmit all submittals electronically to the OWNER using a method agreed to by both OWNER and CONTRACTOR 2. All submittals must be from CONTRACTOR. a. Submittals will not be received from or returned to subcontractors. 3. Provide submittal information defining specific equipment or materials utilized on the Project. a. Generalized product information, not clearly defining specific equipment or materials to be provided, will be rejected. 4. Provisions apply to both: a. Initial transmittal contents. b. Supplemental information required to make initial transmittal contents complete. 1.06 OWNER'S REVIEW ACTION A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receive one of the following actions: a. A-FURNISH AS SUBMITTED. b. B-FURNISH AS NOTED (BY OWNER). c. C-REVISE AND RESUBMIT. d. D-REJECTED. e. E-OWNER'S REVIEW NOT REQUIRED. 2. Submittals received will be initially reviewed to ascertain inclusion of CONTRACTOR's approval stamp. a. Submittals not stamped by the CONTRACTOR or stamped with a stamp containing language other than that specified herein will not be reviewed for technical content and will be returned without any action. 3. In relying on the representation on the CONTRACTORs review and approval stamp, OWNER reserves the right to review and process poorly organized and poorly described submittals as follows: a. Submittals transmitted with a description identifying a single item and found to contain multiple independent items: (a) Review and approval will be limited to the single item described on the transmittal letter. (b) Other items identified in the submittal will: (i) Not be logged as received by the OWNER. (ii) Be removed from the submittal package and returned without review and comment to the CONTRACTOR for coordination, description, and stamping. (iii) Be submitted by the CONTRACTOR as a new series number, not as a re-submittal number. b. OWNER, at OWNERs discretion, may revise the transmittal letter item list and descriptions, and conduct review. (a) Unless CONTRACTOR notifies OWNER in writing that the OWNERs revision of the transmittal letter item list and descriptions was in error, CONTRACTORs review and approval stamp will be deemed to have applied to the entire contents of the submittal package. 4. Submittals returned with Action "A" or "B" are considered ready for fabrication and installation. a. If for any reason a submittal that has an "A" or "B" Action is resubmitted, it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. b. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or "B" Action that are superseded by a resubmittal. 5. Submittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit), or "D" (Rejected) will be individually analyzed giving consideration as follows: a. The portion of the submittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). (a) One (1) electronic copy of the "C" or "D" Drawings will be marked up and returned to the CONTRACTOR. (i) Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, a major part of the individual Drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. (a) This is at the sole discretion of the OWNER. (b) In this case, some Drawings may contain relatively few or no comments, or the (c) statement, "Resubmit to maintain a complete package." (d) Distribution to the field will not be made (unless previously agreed to otherwise). 6. Failure to include any specific information specified under the submittal paragraphs of the Specifications will result in the submittal being returned to the CONTRACTOR with "C" or "D" Action. 7. Calculations required in individual Specification Sections will be received for information purposes only, as evidence calculations have been performed by individuals meeting specified qualifications and will be returned stamped "E. Owner's Review Not Required" to acknowledge receipt. 8. Transmittals of submittals which the OWNER considers as "Not Required" submittal information, which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or "B" Action in a prior submittal, will be returned with Action "E. Owner's Review Not Required." 9. Samples may be retained for comparison purposes. a. Remove samples when directed. b. Include in bid all costs of furnishing and removing samples. 10. Approved samples submitted or constructed, constitute criteria for judging completed work. a. Finished work or items not equal to samples will be rejected. PART 2 PRODUCTS NOT USED PART 3 - PRODUCTS NOT USED END OF SECTION SECTION 01520 MAINTENANCE OF PLANT OPERATIONS DURING CONSTRUCTION PART 1 GENERAL 1.01 THE REQUIREMENTS A. The existing plant will be maintained in continuous operation by the OWNER during the entire period of the Contract as hereinafter specified. The intent of this section is to outline the minimum requirements necessary to provide continuous treatment and chloramination of finished water flow through the Contract period. B. Work under the Contract shall be scheduled and conducted so as not to impede any treatment process, reduce the quality of the finished water, or cause other nuisance, except as explicitly permitted hereinafter. In performing the work shown and specified, the work shall be planned and scheduled to meet the plant operating requirements and the constraints and project requirements as outlined in this Section. C. Additional temporary facilities may be provided that can eliminate a constraint, provided it is done without cost to the OWNER, provided that at all requirements of these specifications are fulfilled, and that OWNER approval has been obtained in writing. Work not specifically covered in the following paragraphs may, in general, be done at any time during the Contract period, subject to the operating requirements and constraints and project requirements outlined hereinafter. All references to days in this section shall be consecutive calendar days. 1.02 GENERAL CONSTRAINTS A. The work shall be scheduled so that the plant is maintained in continuous operation. All treatment processes shall be maintained in continuous operation during the construction period except during pre-approved process interruptions. All short-term system or partial systems shutdowns and diversions shall be approved by the OWNER. Long term process shutdowns and diversions shall conform to the requirements hereinafter specified and shall be minimized as much as possible. If in the judgment of the OWNER, a requested shutdown is not required to perform the Work, approved alternative methods shall be utilized to accomplish the Work. All shutdowns shall be coordinated with and scheduled at times approved the OWNER. Shutdowns shall not begin until all required materials are on hand and ready for installation. Each shutdown period shall commence at a time approved by the OWNER, and the Work shall proceed continuously, start to finish, until the Work is completed, and normal plant operation is restored. If all the required Work is completed before the specified shutdown period has ended, the OWNER may immediately place the existing system back into service. B. Short-term and extended shutdowns shall be scheduled in advance and CONTRACTOR shall present all desired shutdowns at the progress meetings. CONTRACTOR shall prepare a written plan for maintenance and operation (MOPO) during the shutdown, which must be provided to OWNER for review and approval. Shutdowns shall be fully coordinated with the Plant Manager and the MOPO plan approved at least 14 days, or as specified herein, before the scheduled shutdown. OWNER personally shall operate OWNERs facilities involved in shutdowns and diversions. C. Any temporary work, facilities, roads, walks, protection of existing structures, piping, blind flanges, valves, equipment, etc. that may be required within the work limits to maintain continuous and dependable plant operation shall be furnished at no extra cost to the OWNER. D. The OWNER shall have the authority to order work stopped or prohibited that would, in its opinion, unreasonably result in interrupting functions of the plant operations. E. If plant performance or operation of the plant is impaired as a result of not complying with specified provisions for maintaining plant operations, then all repairs or replacements or other work necessary to restore the plant to operation to the satisfaction of the OWNER shall be made immediately. Such work shall progress continuously to completion on a 24-hours per day, seven workdays per week basis, at no additional cost to the OWNER. F. The services of emergency repair crews on call 24-hours per day shall be provided. 1.03 GENERAL OPERATING REQUIREMENTS, CONSTRAINTS, AND PROJECT REQUIREMENTS A. Access to Plant Site, Roadways and Parking Areas 1. An unobstructed traffic route through the Main Gate shall be maintained at all times for the OWNERs operations personnel, maintenance equipment, and deliveries. Parking for personal vehicles of construction personnel shall not be allowed within the fence of the treatment plant. Construction personnel may park in areas approved by the OWNER. Access to approved parking areas shall be provided. 2. Vehicular and pedestrian access to the treatment units and buildings for OWNER personnel shall be maintained at all times. 3. CONTRACTOR shall repair any damage to existing paved surfaces that occur during the contract period. Any areas disturbed along the shoulders of the access road and interior roads and elsewhere inside and outside of the plant shall be repaired, graded, seeded, etc. as necessary to match pre-project conditions. B. Personnel access 1. Treatment plant personnel shall have access to all areas which remain in operation throughout the construction period. Stored material shall be located; construction debris and trash disposed of; temporary walkways and lighting provided; and other such work as directed by the OWNER to maintain personnel access to areas in operation. Access and adequate parking areas for plant personnel must be maintained throughout construction. C. Draining Process Pipes and Conduits (General) 1. The contents of all pipes and conduits to be removed, replaced, relocated, or dewatered for a specific purpose shall be transferred to a suitable facility in a manner approved by the OWNER through hoses or piping, or by using pumps if hydraulic conditions so require them. Pumps, piping, and hoses shall be provided at no additional cost to the OWNER. No uncontrolled spillage of a pipe or conduit shall be permitted. Any spillage, other than potable water, shall be immediately washed down and flushed in the appropriate process flow train. 1.04 SPECIFIC OPERATIONAL CONSTRAINTS A. The following work shall be scheduled based on the constraints given in such a manner as to maintain the water treatment facility in continuous operation. 1. Filter rehabilitation a. No more than three (3) filters shall be removed from service at a time unless otherwise permitted by the OWNER. All work on an individual filter, including removal of the existing filter media to an off-site location permitted to accept such materials, and installation of new filter material shall be completed prior to commencing work on the next filter. While work is occurring on any three (3) filters, all other filter cells are to remain in continuous service. No work on any of the filters shall be performed during times of high system demand as identified by the OWNER. b. Upon completion of installing the sand in the filter and prior to installation of granular activated carbon, the entire filter, including media, troughs, valves, and pipelines shall be disinfected by the CONTRACTOR. The CONTRACTOR shall allow time in the schedule for the OWNER to perform 24-hour bacteriological testing required before commencing installation of granular activated carbon. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION SECTION 01530 PROTECTION OF EXISTING FACILITIES PART 1 GENERAL 1.01 THE REQUIREMENT A. CONTRACTOR shall be responsible for the preservation and protection of property on and adjacent to the work site against damage or injury as a result of his operations under this Contract. Any damage or injury occurring on account of any act, omission, or neglect on the part of the CONTRACTOR shall be restored in a proper and satisfactory manner or replaced by, and at the expense of, the CONTRACTOR to an equal or superior condition than previously existed. B. CONTRACTOR shall comply promptly with such safety regulations as may be prescribed by the OWNER or the local authorities having jurisdiction and shall, when so directed, properly correct any unsafe conditions created by, or unsafe practices on the part of, his employees. In the event of the CONTRACTORs failure to comply, the OWNER may take the necessary measures to correct the conditions or practices complained of, and all costs thereof will be deducted from any monies due the CONTRACTOR. Failure of the OWNER to direct the correction of unsafe conditions or practices shall not relieve the CONTRACTOR of his responsibility hereunder. C. In the event of any claims of damage or alleged damage to property as a result of work under this Contract, the CONTRACTOR shall be responsible for all costs in connection with the settlement of or defense against such claims. Prior to commencement of work in the vicinity of property adjacent to the work site, the CONTRACTOR, at his own expense shall take such surveys as may be necessary to establish the existing condition of the property. Before final payments can be made, the CONTRACTOR shall furnish satisfactory evidence that all claims for damage have been legally settled or sufficient funds to cover such claims have been placed in escrow, or that an adequate bond to cover such claims has been obtained. 1.02 PROTECTION OF WORK AND MATERIAL A. During the progress of the work and up to the date of final payment, the CONTRACTOR shall be solely responsible for the care and protection of all work and materials covered by the Contract, unless otherwise specified. B. All work and materials shall be protected against damage, injury, or loss from any cause whatsoever, and the CONTRACTOR shall make good any such damage or loss at his own expense. Protection measures shall be subject to the approval of the OWNER. 1.03 BARRICADES, WARNING SIGNS AND LIGHTS A. Each CONTRACTOR shall provide and maintain such other warning signs and barricades in areas of and around their respective work as may be required for the safety of all those employed in the work, the OWNERs operating personnel, or those visiting the site. 1.04 EXISTING UTILITIES AND STRUCTURES A. The term existing utilities shall be deemed to refer to both publicly owned and privately owned utilities such as electric power and lighting, telephone, water, gas, storm drains, process lines, sanitary sewers and all appurtenant structures. B. Where existing utilities and structures are indicated on the drawings, it shall be understood that all the existing utilities and structures affecting the work may not be shown and that the locations of those shown are approximate only. It shall be the responsibility of the CONTRACTOR to ascertain the actual extent and exact location of existing utilities and structures. In every instance, the CONTRACTOR shall notify the proper authority having jurisdiction and obtain all necessary directions and approvals before performing any work in the vicinity of existing utilities. C. Prior to beginning any excavation work, the CONTRACTOR shall, through field investigations, determine any conflicts or interferences between existing utilities and new utilities to be constructed under this project. This determination shall be based on the actual locations, elevations, slopes, etc. of existing utilities as determined in the field investigations, and loc...