EXHIBIT E

SPECIFICATIONS

PART 1 GENERAL

1.1 Applicable Standard Specifications

City of Bend, Oregon, "Standards and Specifications”, (current edition at date of advertisement), apply except as may be modified herein. In the case of discrepancy, unless noted otherwise herein, the more restrictive provisions shall apply.

1.2 Scope of Work

A. The work to be performed under these specifications and drawings consists of furnishing labor, materials, and equipment necessary for upgrading existing residential ¾ and 1 inch diameter residential water meter box installations to current City of Bend standards. All work is located in Bend, Oregon. The work includes installation of meter boxes and meter blankets, and all hardware to re-install the MTU units to the newly placed meter boxes. The City will provide MTU mounting spacers as needed.

All non-compliant connections to the City of Bend’s water system shall be corrected to meet all regulating agencies codes and the Standards and Specifications, including service lines and angle meter stops. Non-compliant connections shall be reported to the City of Bend Project Manager. All non-compliant connections shall be re-established by Contractor per current Standards and Specifications. An inspection must be requested and completed prior to backfill. Notification to the Project Manager is to be made within 24 hours of identification of non-compliant connection. The City will notify Property Owner.

Conflicts such as tree roots, shrubs, rocks, driveways, pavers, other utilities, and boxes located in sidewalks are present and shall be considered part of the lump sum bid. Any concrete panel affected by the installation, relocation, and/or removal of the meter box will be replaced in its entirety from joint to joint. These conflicts will be considered part of the work and contractor is expected to conduct an inspection of the work locations prior to bidding. Additional concrete work identified by the Contractor, and approved by the Project Manager, will require a written change order.

Contractor shall notify Project Manager promptly if a conflict is identified that is beyond the scope of work or when it is determined that final product will not be able to be brought to current code. Meter boxes located on adjoining properties or within driveways shall be moved to new location compliant with City Standards if move is 5 feet or less. For any moves greater than 5 feet the new meter box will be installed in the same location as the existing meter box.

If box includes a short-body meter, Contractor shall add 1 ½” lay length adapter.

B. The above general outline of principal features of the work does not in any way limit the responsibility of the CONTRACTOR(s) to perform all work and furnish all equipment, labor and materials required by the City of Bend standard specifications as modified by these specifications and drawings. The standard specifications and these specifications and drawings shall be considered and used together. Anything appearing as a requirement of either shall be accepted as applicable to both even though not so stated therein or shown.

C. No attempt has been made in these specifications or drawings to segregate work covered by any trade or subcontract under one specification. Such segregation and establishment of subcontract limits will be solely a matter of specific agreement between the CONTRACTOR and its subcontractors and shall not be based upon any inclusion, segregation, or arrangement in or of these specifications.

1.3 OWNER Furnished Equipment:

There will be no owner furnished equipment for this project with the exception of MTU spacers. Furthermore, the Contractor will have to provide their own staging area to store any and all meter boxes, lids, and all other appurtenances required for this project.

1.4 Coordination of Drawings and Specifications

A. The drawings and specifications are intended to describe and provide for a complete work. Any requirement in one is as binding as if stated in all. The CONTRACTOR shall provide any work or materials clearly implied in the Contract Documents even if the Contract Documents do not mention it specifically.

B. The intent of the drawings and specifications is to prescribe the details for the construction and completion of the work which the CONTRACTOR undertakes to perform according to the terms of the Contract. Where the drawings or specifications describe portions of the work in general terms, but details are incomplete or silent, it is understood that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract in a manner satisfactory to the City of Bend Utility Division.

1.5 Code Requirements

All work shall be done in strict compliance with the requirements of:

A. International Building Code B. International Mechanical Code C. International Plumbing Code D. International Fire Code E. National Electric Code F. National Electric Safety Code G. Oregon State Department of Labor and Industries H. City of Bend, Oregon I. Deschutes County, Oregon J. Oregon Water Resources Department K. Oregon Health Division L. Oregon Department of Environmental Quality

In case of disagreement between codes or these specifications, the more restrictive shall prevail.

1.6 Time of Completion/Liquidated Damages

The CONTRACTOR shall complete all work shown and specified within the time limits as stated in Exhibit C, “Terms of Contract”, item 1b. Item quantities represent an estimate of units based on the current best information available to the City of Bend.

The written Notice to Proceed will be provided to the CONTRACTOR at the mandatory preconstruction meeting after the CONTRACTOR submits the signed Contract, required bonds and insurance certificates to the City of Bend and those documents have been approved as to form and executed by the City of Bend. The CONTRACTOR’s attention is directed to Section 14 of Exhibit C, “Terms of Contract” as respects to liquidated damages.

1.7 Coordination with Other Contractors and With OWNER

Certain work within this contract may require connection to and coordination with the work of other contractors and City of Bend. The CONTRACTOR under these specifications shall cooperate fully with all other contractors and the City of Bend and carefully fit its own work to such other work as may be directed by the City of Bend Utility Division. The CONTRACTOR shall not commit or permit any act to be committed which will interfere with the performance of work by any other CONTRACTOR or the City of Bend.

If irrigation connection is found within the meter box, CONTRACTOR shall move to at least one foot horizontal outside of the meter box.

1.8 Access to Work

Access to the work shall be provided as may be required by the City of Bend or its representatives, and all authorized representatives of the state and federal governments and any other agencies having jurisdiction over any phase of the work, for inspection of the progress of the work, the methods of construction or any other required purposes.

1.9 Permits and Licenses

Where required, all permits, licenses and fees shall be obtained by the CONTRACTOR and all costs shall be borne by the CONTRACTOR. CONTRACTOR shall pay all plan check fees and other fees necessary to obtain permits and shall accommodate special inspections required thereof. CONTRACTOR shall be responsible for compliance with all permit provisions and shall accommodate all special inspections required thereof, all at no additional expense to the OWNER beyond prices as bid. City permits for this project will be issued on a project basis, not based on individual sites.

1.10 Site Investigation and Physical Data

A. The CONTRACTOR acknowledges that it is satisfied as to the nature and location of the work and the general and local conditions, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of water, roads, groundwater, access to the sites, coordination with other contractors, and conflicts with pipelines, structures and other contractors.

Information and data furnished or referred to herein is furnished for information only. Any failure by the CONTRACTOR to become acquainted with the available information and existing conditions will not be a basis for relief from successfully performing the work and will not constitute justification for additional compensation.

B. The CONTRACTOR shall verify the locations and elevations of existing pipelines, structures, grades and utilities, prior to construction. The City of Bend assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available.

1.11 Temporary Utilities for Construction Purposes

The CONTRACTOR shall make all arrangements necessary to provide all temporary utilities for construction purposes and shall pay all costs associated those temporary utilities. The CONTRACTOR shall furnish all valves, hoses, connections and other devices as necessary to obtain sufficient water for construction and for filling and testing of water lines as required. Fire hydrant use is allowed only by permit from the City of Bend.

Backflow assembly protection is required.

1.12 Traffic Control, Public Access and Public Protection

A. The CONTRACTOR shall maintain traffic control and protection in the work areas twenty-four (24) hours per day. Traffic control shall conform to the standards set forth in the "Oregon Manual on Uniform Traffic Control Devices for Streets and Highways" issued by the Oregon Department of Transportation.

B. The CONTRACTOR shall conduct its operations so as to keep one lane of traffic open for public and private access at all times on City streets, County and Public Roads. If required by the State, the CONTRACTOR shall conduct its operations so as to keep both directions of traffic open on State Highways.

C. All work shall be carried on with due regard for safety to the public. Open trenches shall be provided with barricades of a type that can be seen at a reasonable distance, and at night they shall be distinctly indicated by adequately placed lights.

D. The CONTRACTOR shall submit a Traffic Control Plan to the City of Bend Right of

Way Manager prior to commencement of construction.

1.13 Compaction Testing

A. The CONTRACTOR shall provide the services of a licensed, independent agency to perform compaction testing for this project. Compaction tests will be required as necessary when conditions warrant backfill that may be susceptible to settling, to show that specified densities of compacted backfill and asphaltic concrete surfacing are being achieved by the CONTRACTOR’s compaction methods. The CONTRACTOR shall provide the ENGINEER with copies of recent Proctor tests for the backfill and paving material in addition to copies of compaction tests performed in the field.

B. After the City of Bend Utility Division is satisfied that the CONTRACTOR’s method of compaction consistently meets specified compaction requirements, the testing frequency may be reduced. The City of Bend Utility Division may direct testing at a higher frequency upon failure to obtain specified densities or if the CONTRACTOR changes compaction equipment or methods of compaction. All test locations shall be determined by the City of Bend Utility Division.

1.14 Disposal/Dechlorination of Chlorinated Water

Any discharge of chlorinated water shall either be through an approved connection to a public sanitary sewer system or shall include dechlorination to limits acceptable by the Oregon State Department of Environmental Quality (DEQ) for discharge into the existing storm drainage system. No chlorinated water shall be discharged into the storm drainage system prior to approved dechlorination treatment.

1.15 Limits of the Work and Storage of Spoils

A. The limits of the site which may be used for construction storage, materials handling, parking of vehicles and other operations related to the project include the adjacent public rights-of-way subject to permission of the public owner of that right-of-way. The limits of work also include rights of access obtained by the CONTRACTOR, subject to all public laws and regulations and rights of access by utility companies and other holders of easement rights.

B. Spoils may be stored on site within the public right-of-way with the approval of the

City of Bend Utility Division.

1.16 Existing Water System Shutdown

If the project involves the need to shut down an existing water system, the CONTRACTOR shall coordinate the work to insure a minimum of shutdown time. The CONTRACTOR shall submit a written shutdown schedule to the City of Bend Utility Division for approval. The CONTRACTOR shall comply with all City of Bend shut down requirements and provide 48-hour notice preceding each shutdown. This specification shall apply only to meter service shut down. At no time shall a contractor operate a system mainline valve.

1.17 Field Changes, Alignment and Grade

Changes of alignment and grade may be made during the course of work in order to avoid interference with unforeseen obstructions. The CONTRACTOR shall locate existing utilities to be crossed, by potholing ahead of the pipe installation, of sufficient distance to avoid conflicts through pipe joint deflection if possible. All costs for minor field changes of alignment and grade shall be borne by the CONTRACTOR. The City of Bend Utility Division will endeavor to make prompt decisions on such matters. CONTRACTOR shall anticipate a minimum of 72 hours for any decision requiring significant piping change.

1.18 Protection of Existing Structures and Work

The CONTRACTOR must take all precautions and measures necessary to protect all existing structures, landscaping and irrigation, and any other work. CONTRACTOR shall minimize any impact to landscaping and irrigation systems. Any damage to existing structures, landscaping, irrigation, or any other work shall be repaired by removing the damaged structures, materials or work; replacing the work and restoring to original “as good or better” condition satisfactory to the City of Bend Utility Division. No work shall be performed on private property without notification and approval from the City of Bend.

1.19 Salvage and Debris

Unless otherwise indicated on the drawings or in the specifications, all castings, pipe, equipment, demolition debris, spoil or any other discarded material or equipment shall become the property of the CONTRACTOR and shall be disposed of in a manner compliant with applicable Federal, State and local laws and regulations governing disposal of such waste products. No burning of debris or any other discarded material will be permitted.

1.20 Safety Standards and Accident Prevention

A. The CONTRACTOR shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. The required and/or implied duty of a representative of the City of Bend Utility Division to conduct construction review of the CONTRACTOR's performance does not, and is not intended to, include review of the adequacy of the CONTRACTOR's safety measures in, on, or near the construction site.

B. The CONTRACTOR shall comply with the safety standards provisions of applicable laws and building and construction codes. The CONTRACTOR shall exercise every precaution at all times for the prevention of accidents and protection of persons, including employees, and property. During the execution of the work the CONTRACTOR shall provide and maintain all guards, railing, lights, warnings, and other protective devices which are required by law or which are reasonably necessary for the protection of persons and property from injury or damage.

1.21 Warranty Period

The CONTRACTOR shall warrant all installations furnished for a period of one year from date of final acceptance by the City of Bend of all work under this contract. This warranty will require prompt attention to the correction and/or complete replacement of the faulty installations. The expiration of the one-year warranty period shall not affect any other claims or remedy available to the City of Bend.

1.22 Submittals

A. The CONTRACTOR shall provide schedules as may be necessary for the prosecution of the work as required by the contract documents or City of Bend Utility Division’s instruction.

B. Schedules -- The CONTRACTOR shall prepare and submit to the City of Bend Utility

Division, within fifteen days after notice of award, no later than the pre-construction meeting, a practicable schedule showing the order in which the CONTRACTOR proposes to carry out the work, the dates on which the important features of each type of work will start, dates for permanent material availability.

C. CONTRACTOR Contact Persons: Provide at pre-construction meeting complete list of crew lead installation names, cell phone numbers, email addresses.

D. Material Safety Data Sheet – as applicable.

1.23 Utility Properties and Service

A. In areas where the CONTRACTOR’s operations are adjacent to or near a utility and such operations may cause damage which might result in significant expense, loss and inconvenience, the operations shall be suspended until all arrangements necessary for the protection thereof have been made by the CONTRACTOR.

B. Oregon law requires CONTRACTOR to follow rules adopted by the Oregon Utility

Notification Center. Those rules are set forth in OAR 952-001-0010 through OAR 952- 001-0090. CONTRACTOR may obtain copies of the rules by calling the Oregon Utility Notification Center at (503) 232-1987.

C. CONTRACTOR shall pothole to verify the location of all existing utilities prior to construction and shall take all necessary precautions to protect existing utilities and improvements.

D. The CONTRACTOR shall notify all utility offices which may be affected by the construction operation at least 48 hours in advance. Before exposing any utility, the utility having jurisdiction shall grant permission and may oversee the operation.

Should service of any utility be interrupted due to the CONTRACTOR’s operation, the proper authority shall be notified immediately. It is of the utmost importance that the CONTRACTOR cooperates with the said authority in restoring the service as promptly as possible. Any costs shall be borne by the CONTRACTOR.

Utilities which may be impacted include the following:

AVION WATER COMPANY (541)382-5342

BEND CABLE/BROADBAND (503)382-5551

CITY OF BEND-Utilities Division (541)317-3000

CENTRAL ELECTRIC CO-OP (503)255-4634

CASCADE NATURAL GAS - BEND (541)382-6464

CITY OF BEND AIRPORT (541)693-2168

PACIFIC POWER (541)388-7129

1.24

QWEST

Sanitary Facilities

(541)385-0221

The CONTRACTOR shall provide and maintain sanitary facilities for its employees and its subcontractors’ employees that will comply with the regulations of the local and State

Departments of Health.

1.25 Street Cleanup

The CONTRACTOR shall clean up all dirt, gravel, construction debris and other foreign material resulting from its operations daily from all streets and roads.

1.26 Vehicle Parking

The vehicles of the CONTRACTOR’s and subcontractors’ employees shall be parked in a location approved by the City of Bend Utility Division.

1.27 Protection of Quality of Water

1.27.1 The work to be performed involves connections to an existing potable water system. The

CONTRACTOR shall provide a State of Oregon certified water distribution operator to train, oversee and supervise meter/backflow assembly installation crews. The CONTRACTOR shall take such precautions as are necessary or as may be required to prevent the contamination of the water. Such contamination may include but shall not be limited to deleterious chemicals such as fuel, cleaning agents, paint, demolition and construction debris, sandblasting residue, etc. In the event contamination does occur, the CONTRACTOR shall, at its own expense, perform such work as may be necessary to repair any damage or to clean the affected areas of the water mains to a condition satisfactory to the City of Bend Utility Division.

1.27.2 The work to be performed involves working within existing and replacing existing domestic and commercial water meter and backflow assembly installations. All work required under this contract shall be performed in accordance with Oregon Administrative Rules of the Oregon Water Resources Department, Chapter 333 as applicable and City of Bend Ordinance No. NS-2102.

1.28 Work Hour Limitations

All work shall be conducted between the hours of 7:00 a.m. and 4:30 p.m. Weekend work will not be allowed. Requests for variations in work hours shall be made in writing and require approval by the City of Bend Utility Division.

1.29 Dust Prevention

All unpaved streets, roads, detours, haul roads or other areas where dust may be generated shall receive an approved dust-preventive treatment or be routinely watered to prevent dust. Applicable environmental regulations for dust prevention shall be strictly enforced.

1.30 Erosion and Sedimentation Control

Erosion control measures shall be maintained throughout the project.

During construction, and until permanent vegetation or other ground covering is established, the erosion control facilities shall be upgraded as needed for unexpected storm events or site conditions and with the purpose of retaining sediment and sediment-laden water on the construction site.

1.31 Interferences, Obstructions

All costs resulting from existing interferences and obstructions, or the replacement of such, whether or not herein specifically mentioned, shall be included and absorbed in the price of the CONTRACTOR's bid.

1.32 Noise Limitations

CONTRACTOR shall comply with all applicable local ordinances and State regulations.

1.33 Storage and Protection of Equipment and Materials

1.33.1 Materials and equipment stored overnight shall be the stored securely by CONTRACTOR. Unusable materials (i.e. rejected or damaged material, old concrete chunks, metal scraps, etc.) shall be expeditiously removed.

1.33.2 CONTRACTOR shall provide appropriate barricades, signs, and traffic control devices in like-new condition where necessary to protect the public from any hazards associated with the storage of materials and equipment used for this project.

1.33.3 No equipment and/or materials shall be stored outside the immediate work area on public right-of-ways, in the following locations, or in the following manner:

1.33.3.1 In any maintained landscaped or lawn area, or on private property.

1.33.3.2 In a manner that would totally eliminate an individual residents' street parking.

1.33.3.3 In front of any business.

1.33.3.4 In any manner that would result in the obstruction of clear vision areas for traffic at driveways and/or intersections.

The “immediate work area” is the area where work is taking place or will be taking place within one calendar day. The CONTRACTOR shall immediately move stored material or equipment which causes a nuisance or creates complaints.

1.34 Competent Person Designation

CONTRACTOR shall designate a qualified and experienced “competent person” at the site whose duties and responsibilities shall include enforcement of Oregon- OSHA regulations regarding excavations, the prevention of accidents, and the maintenance and supervision of construction site safety precautions and programs.

1.35 Emergency Maintenance Supervisor

The CONTRACTOR shall submit to the City of Bend Utility Division the names, addresses and telephone numbers of at least two employees responsible for performing emergency maintenance and repairs when the CONTRACTOR is not working. These employees shall be designated, in writing by the CONTRACTOR, to act as its representatives and shall have full authority to act on its behalf. At least one of the designated employees shall be available for a telephone call any time an emergency arises.

1.36 Notification of Work to Homeowners

The City shall send a letter at the beginning of the contract to notify homeowners of the upcoming project. The CONTRACTOR is responsible to give additional notice via door hanger or flyer, content to be approved by the city, to the homeowner 1-5 days prior to work commencing in the right of way adjacent to their house.

1.37 Irrigation Connection Pit

CONTRACTOR may leave the irrigation connection pit open for 24 hours at the request of the homeowner. After a period of 24 hour the irrigation pit must be covered over by plywood.

END OF SECTION

MEASUREMENT AND PAYMENT

PART 1 GENERAL

Measurement and payment for this project will be on a lump sum basis in accordance with the price set forth in the bid schedule with the exception of non-compliant connections (see below). Where work is required but does not appear as a separate item in the proposal, cost for that work shall be included and considered incidental to the unit bid prices named in the proposal. The lump sum price shall constitute full compensation for all work required by the contract except non-compliant connections.

Non-compliant connections brought to City standards shall be billed in addition to the lump sum amount at the bid price. It is estimated that there will be 25 non-compliant connections found during the course of Work but the actual amount may be more or less. There is no guarantee of the number of non-compliant connections. All non-compliant connections identified and brought to City Standards will be billed per connection at the bid price. The bid item price will be the set price for bringing each non-compliant connection to City Standards and shall be full compensation for all work required.

Installation locations are provided to the CONTRACTOR with this contract.

Progress payments for work completed each month may be made on a percentage of work completed basis as accepted by the City. Acceptance of project will be based on the completion of all work at all meter locations.

END OF SECTION