R-02-12-19-9D10 - 12/19/2002CITY OF ROUND ROCK
WATER SYSTEM IMPROVEMENT S
RELOCATE TWO 30 -INCH RAW
WATERLINES
PROJECT MANUAL
CONFORMED DOCUMENTS
NOVEMBER 21, 2002
CDM
2 -Da- ia- i9 -9o�c
APPROVED BY
OCTOBER 2002
CITY ArTTORNEY
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CITY OF ROUND ROCK
11 C D R o m
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WATER SYSTEM IMPROVEMENTS
RELOCATE TWO 30 -INCH RAW
WATERLINES
PROJECT MANUAL
:� EOFT`�It
-2 tea,
WILLIAM T. REYNOLDS
. x . 34684 e-;
410,,, 4'e TER .4%
CoA
OCTOBER 2002
11-2-1 -02-
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
Division Title
0 BIDDING AND CONTRACT REQUIREMENTS
1 GENERAL REQUIREMENTS
A432BSTOC doe
WATER SYSTEM IMPROVEMENTS
RELOCATE TWO 30 -INCH RAW WATERLINES
00030 Invitation to Bid
00100 Instructions to Bidders
00300 Bid Form
00320 Bid Bond Form
00500 Standard Form on Agreement Between Owner and Contractor
00610 Performance Bond
00630 Payment Bond
00650 Certificate of Liability Insurance
00670 Warranty Bond
00700 General Conditions (EJCDC Form No. 1910 -8, 1996 Ed.)
00800 Supplementary Conditions
00840 Special Conditions
01005 Abbreviations
01010 Summary of Work
01015 Control of Work
01016 Control of Materials
01025 Measurement and Payment
01300 Submittals
01410 Testing Laboratory Services
01560 Temporary Controls
01665 Trench Safety Requirements
2 SITEWORK
CITY OF ROUND ROCK
TABLE OF CONTENTS
02221 Trench Excavation, Embedment, Backfill and Encasement
02223 Encasement Pipe
02490 Loaming, Hydroseeding and Erosion Control
02605 Precast Concrete Manholes
02620 Steel Pipe, Fittings and Specials
02630 Ductile Iron Pipe
02640 Valves, Hydrants and Appurtenances
TOC -1
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
A4326500030 doc
CITY OF ROUND ROCK
WATER SYSTEM IMPROVEMENTS
RELOCATE TWO 30 -INCH RAW WATERLINES
SECTION 00030
INVITATION TO BID
Sealed bids from pre - qualified bidders addressed to the City of Round Rock, Texas, will be received by the
City of Round Rock at its City Hall Council Chambers at 221 East Main St., Round Rock, TX 78664, until
2:00 p.m. local time on , 2002, and will then be publicly opened and read aloud, for the furnishing
of all labor, materials, tools and equipment for the construction of the City of Round Rock Relocate Two 30-
Inch Raw Waterlines, including all related appurtenances. Any Bid received after the closing time 11 be
returned unopened.
The project includes: Relocation of two 30 - inch raw waterlines at the propose reaks
Road and DB. Woods Road.
Project Documents maybe examined at the o ices o the R ramp Dresset& ' cICee c. 9d 1
Jollyville Road, Suite 105, Austin, Texas'7879, telephone (5
at 2008 Enterprise, Round -Rock, 78664:
Project . ocume s for use•tnepreparinga `ds will be available on i LJ 002 om tl above Camp
Dress �_� William T Re mo ds; .ES ugon. ymen of $ for each set
K
of Project ocu Vents: Projec Do,,u,�ents are to b 'se anraddtttonal $ .00 is required for
each y s�.et of}�d e ts_ cover "1 ai1i , a t d handling. Y e c eck for Project Documents shall be made payable
to Cam "Dr &M Ke e,p yment will not be refunded.
Bid d
� i w � , be e gt� dto' orm emselves of all Addenda duly issued. lnforntationregazdingthe number
of d
Akkd. enda -Ay ch have been duly issued can be obtained from Mr. William T. Reynolds, Camp Dresser &
McKeJ Ince9 11 Jollyville Road, Suite 105, Austin, Texas 78759, telephone (512) 346 -1100.
A cashier's check, certified check, or acceptable Bid Bond, payable to the order of the City of Round Rock, in
an amount not less than five percent of the total Base Bid must accompany each Bid as a guarantee that, if
awarded the Contract, the Bidder will promptly enter into the Contract and execute forms contained in the
Project Documents within seven days after the Notice of Award.
Bonds shall be executed on forms furnished by the OWNER and shall specifically provide for "Performance"
and "Payment" Bonds and shall be in an amount of 100 percent of the Contract price, from a solvent surety
company authorized to do business in the State of Texas and acceptable to the City of Round Rock. It shall be
necessary that the CONTRACTOR increase the face amount of the Bond to equal each net increase, if any, in
the original Contract price.
For information concerning the proposed work, contact Mr. William T Reynolds, Camp Dresser & McKee
Inc., 9111 Jollyville Road, Suite 105, Austin, Texas 78759, telephone (512) 346 -1100.
00030 -1
11/22/2002
8077-36854
City of Round Rock
Relocate Two 30-Inch Raw Waterlines
The City of Round Rock reserves the right to reject any and all Bids and any nonconforming Bid and to award
the Contract in a period of time not exceeding 90 days from the Bid opening date. Bids shall remain firm for
that period.
Time is of the essence of this Contract.
Published Dates:
Round Rock Leader
2002
, 2002
, 2002
A4328S00030.doc
00030-2
11M2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
ARTICLE 1. DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the
Construction Contract have the meanings assigned to them in the General Conditions. The term "Bidder"
means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder.
The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner
(on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents"
includes the Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
Texas Resident Bidder - A bidder whose principal place of business is in this State and includes a Contractor
whose ultimate parent company or majority owner has its principal place of business in this State.
Nonresident Bidder - A bidder whose principal place of business is not in this state, but excludes a Contractor
whose ultimate parent company or majority owner has its principal place of business in this State.
ARTICLE 2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the sum stated in the Invitation to Bid
may be obtained from ENGINEER. The sum for the Project Documents is not refundable.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor
ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.3
ARTICLE 3. QUALIFICATIONS OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within
five days of OWNER's request written evidence, such as financial data, previous experience, present
commitments and other such data as may be called for below. Each Bid must contain evidence of
Bidder's qualification to do business in the state where the Project is located or covenant to obtain
such qualification prior to award of contract.
3.2 The OWNER has established the need for a pre -bid meeting for this project. The pre -bid meeting will
be held at the Round Rock Council Chambers on , 2002, beginning at 2:00 p.m. An
attendance roster will be prepared for the meeting. Contractors attending the meeting shall place their
name and their company name on the attendance roster.
A4326500100 dm
SECTION 00100
INSTRUCTIONS TO BIDDERS
OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do
so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any
other use.
00100 -1
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Watedines
ARTICLE 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 It is the responsibility of each Bidder before submitting a Bid, to: (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions that may affect cost,
progress, performance or furnishing of the Work; (c) consider federal, state and local Laws and
Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and
carefully correlate Bidder's observations with the Contract Documents; and (e) notify ENGINEER of
all conflicts, errors or discrepancies in the Contract Documents.
4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or
contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by
owners of such Underground Facilities or others, and OWNER does not assume responsibility for the
accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary
Conditions.
4.3 On request in advance, OWNER will provide each Bidder access to the site to conduct such
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all
holes, clean up and restore the site to its former condition upon completion of such explorations.
4.4 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto
and other lands designated for use by Contractor in performing the Work are identified in the Contract
Documents. All additional lands and access thereto required for temporary construction facilities or
storage of materials and equipment are to be provided by Contractor. Easements for permanent
structures or permanent changes in existing structures are to be obtained and paid for by OWNER
unless otherwise provided in the Contract Documents.
4.5 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and such means, methods,
techniques, sequences or procedures of construction as maybe indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
ARTICLE 5. INTERPRETATIONS AND ADDENDA
5.1 All questions about the meaning or intent of the Contract Documents are to be directed to
ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to
such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER
as having received the Bidding Documents. Only questions answered by formal written Addenda will
be binding. Oral and other interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or
ENGINEER.
ARTICLE 6. BID SECURITY
6.1 Each Bid must be accompanied by Bid security made payable to OWNER in an amount of five
percent of the Bidder's maximum Base Bid price and in the form of a certified check or a Bid Bond
(on form attached) issued by a surety, which shall be licensed to do business and maintain a business
office in the State of Texas. All Bonds shall be in the forms prescribed by law or regulation or by the
A4326S00100 doc
00100 -2
10/22/2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
Contract Documents, and shall be in compliance with Paragraph 5.1 of the General Conditions. All
Bonds signed by an agent must be accompanied by a certified copy of the authority to act, and the
agent must be a Texas Local Recording Agent.
6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Agreement and fumished the required contract security, whereupon the Bid security will be returned.
If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract
security within seven days after the Notice of Award, OWNER may annul the Notice of Award and
the Btd security of that Bidder will be forfeited. The Bid secunty of other Bidders whom OWNER
believes to have a reasonable chance of receiving the award may be retained by OWNER until the
earlier of the seventh day after the Effective Date of the Agreement or the forty-sixth day after the Bid
opening, whereupon bid security furnished by such Bidders will be returned. Bid security with Bids
which are not competitive will be returned within seven days after the Bid opening.
ARTICLE 7. CONTRACT TIME
The numbers of days within which, or the dates by which, the Work is to be completed and ready for final
payment (the Contract Time) are set forth in the Agreement.
ARTICLE 8. LIQUIDATED DAMAGES
Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 9. BID FORM
9.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from
ENGINEER.
9.2 All blanks on the Bid Form must be completed in ink or by typewriter.
9.3 Bids by corporations must be executed in the corporate name by the president or a vice- president (or
other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation must be shown below the signature.
9.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title
must appear under the signature and the official address of the partnership must be shown below the
signature.
9.5 All names must be typed or printed below the signature.
9.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be
filled in on the Bid Form).
9.7 The address and telephone number for communications regarding the Bid must be shown.
9.8 Bids must be priced on a unit price or on a lump sum basis as provided for in the Bid Form.
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
ARTICLE 10. SUBMISSION OF BIDS
Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an
opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by
the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it.
ARTICLE 11. MODIFICATION AND WITHDRAWAL OF BIDS
Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a
Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to
the opening of Bids.
11.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with
OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there
was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid
and the Bid secunty will be returned. Thereafter, that Bidder will be disqualified from further bidding
on the Work to be provided under the Contract Documents.
ARTICLE 12. OPENING OF BIDS
Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and alternates will be
made available to Bidders after the opening of Bids.
ARTICLE 13. BIDS TO REMAIN SUBJECT TO ACCEPTANCE
All bids will remain subject to acceptance for ninety days after the day of the Bid opening, but OWNER may,
in its sole discretion, release any Bid and return the Bid security prior to that date.
ARTICLE 14. AWARD OF CONTRACT
14.1 OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving
price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the
right to disregard all nonconforming, non - responsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or
the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or
criteria established by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
14.2 In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, and other data, as may be requested in
the Bid Form or prior to the Notice of Award.
14.3 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of
any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed
Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in
accordance with the Contract Documents to OWNER's satisfaction within the prescnbed time.
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
14.4 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER
indicates to OWNER that the award will be in the best interest of the Project. Depending on the
availability of funds, the Total Base Bid or Total Base Bid and Additive Altemates will be the basis of
evaluation.
14.5 If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within
ninety days after the day of the Bid opening.
ARTICLE 15. CONTRACT SECURITY
Paragraph 5.1 of the General Conditions sets forth OWNER's requirements as to Performance and Payment
Bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by
the required performance and payment Bonds.
ARTICLE 16. SIGNING OF AGREEMENT
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required
number of unsigned counterparts of the Agreement with all other written Contract Documents attached.
Within seven days thereafter, Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to OWNER with the required Bonds. Within seven days thereafter,
OWNER shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a
complete set of the Drawings with appropriate identification.
ARTICLE 17. SALES TAX
17.1 The Bidder shall investigate all statutory requirements for the payment of sales taxes and shall include
the cost of any such payments in the Bid prices of his proposal.
17.2 The Bidder's attention is directed to Chapter 151 of the Tax Code of the State of Texas. This section
provides that all items used or consumed in direct pursuance of this Contract can be purchased free of
State or City sales tax since the project is being performed for an exempt organization as defined by
Chapter 11 of the Property Tax Code of Texas.
ARTICLE 18. LAWS AND REGULATIONS
18.1 The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and
rules and regulations of all authorities having jurisdiction over the work to be performed and services
to be provided will apply to the Contract throughout, and they will be deemed to be included in the
Contract the same as if herein written out in full.
ARTICLE 19. MINIMUM WAGES
19.1 The wages paid for labor on this work shall not be less than that set forth on the wage scale included
in Section 00800.
A4326S00100 doc
END OF SECTION
00100 -5
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son -3885a
_ city of Round Rock
Relocate Two 30-Inch Raw Waleffines
SUBMITTED:
I5 s O2--
Date
SECTION 00300
BID FORM
PROJECT IDENTIFICATION: City of Round Rock, Texas
Water System Improvements
Relocate Two 30 -Inch Raw Waterlines
THIS BID IS SUBMIT h i , TO: City of Round Rock, Texas (hereinafter called OINNER)
1. The undersigned BIDDER offers and agrees to enter Into an Agreement with OWNER in the form
included in the Bidding Documents, to complete all Work for tho Contract Price acid within the Contract
Time, all In accordance with the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Bidding Documents includng without limitation
those dealing with the OWNER's time for accepting the Bid and the disposition of Bid Security.
3. In submitting this Bid, BIDDER makes all representations required by the Instructions to Bidders and
further warrants and represents that:
a. BIDDER has examined copies of all the Bidding Documents and of the following Addenda:
No. Dated Reviewed by
No. Dated Reviewed by
No. Dated Reviewed by
No. Dated Reviewed by
No. Dated Reviewed by
(receipt of all which is hereby acknowledged) and also copies of the Invitation to Bid and the
instructions to Bidders.
b. BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site,
locality, and all local conditions and Laws and Regulations that in any marster may affect cost,
progress, performance or furnishing of the Work.
c. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions and accepts the extent of the technical data contained in such espom and drawings
upon which BIDDER is entitled to rely.
d. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the
site or otherwise may affect the cost, progress, performance or furnishing of tia Work as BIDDER
considers necessary far the performance or finishing of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract Documents, and
M12as00200,da
00300 -1
5077 -3s8sa
City of Round Rods
Relo®IeTwo 30 -Inds Raw Waterlines
no additional examinations, investigations, explorations, tests, reports, or sindlar information or data
are or will be required by BIDDER for such purposes.
e. BIDDER has reviewed and checked all information and data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports or similar information or due in respect of said
Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work
at the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents.
f. BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
g. BIDDER has given ENG/NEER written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written rtsohdionthereofby EVGINEER is acceptable
to BIDDER
h. This Bid is genuine and not made in the interest of or on behalf of any tmd inclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules a.`any group, association,
organization or corporation; BIDDER has not directly or indirectly induced or solicited any other
Bidder to submit a false or sbam Bid; BIDDER has not solicited or induced any person, firm or
corporation to refrain from bidding; and BIDDbRbas not sought by collusion to obtain for itself any
advantage over any other Bidder or over OWNER_
4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):
(This part intentionally left blank)
Acsamot eeox 00300 -2
,oazazooz
aorraeeS4
Cltl of Round Rock
Relocate Two 30 -Inch Raw Waterlines
Rem Estimated Unit
No. Quantity
Maxasaoaoo,dac
UNIT PRICE SCHEDULE
Brief Description of Item Unit Bid Prce Total
with Unit Bid Price in Words in Figures Amount
in Figures
30 -INCH RAW WATER PIPELINE RELOCATIONS
1 1 L,S. Insurance, Bonds, and Move -In 5 12,5t' 6EZ 5 12, Sbo
Related Expenses, the {{ sum -of
0
-110,,•e � , -
c, 'nd T,Yo-
httrtAf"e Dollars
and r r) Cents
per hump stun.
2 818 L.F. Trench Safety System: Trench Box S 1 stZ $ Ki %
Method or Shoring, Sheeting, and
Bracing Method, the sum of
on e, Dollars
and Y1 A Cents
per linear foot.
3 1 L.S. Right -of- Way/Site Preparation, the 5 7.y t $ 2 cry) -rx
sum of
fire ot,
Dollars
and rl 0
00300 -3
Cents
per lump sum.
4 361 LF. Furnish and Install 30'' Remained $ / 'fb x,c S .'S'D, SUO T"
Ductile Iron Pipe and Fittings, in
trench, complete in place, the sum of
one. ‘n.rnArea
C°1 'r- - \1 Dollars
and v\ o Cents
per Linear foot,
'•4A 243 LF. Furnish and Install 30" Non- S 135 '' $ ?,2 9os
Restrained Class 150 Ductile Iron
Pipe and Finings, in Trench, the sum
of
or e l ,r,rl r erl - l - \ntrk y
Dollars
and i'1 f' Cents
per linear foot
eon -38854
City of Round Rods
Rebate Two 30lndt Raw Waterlines
Item Estimated Unit Brief Description of Item Unit Bid Price Total
No. Quantity with Unit Bid Price in Words in Figure: Amotmt
in Figures
5 150 L.F. Famish Install 30" Restrained S_�•1(`lrieS 19,500 t@
Ductile Iron Pipe and Fittings in
Casing, complete in place, the sum of
Ong. hartrlre
W4 Dollars
and
A
per linear foot
h b Cents
5A 64 L.F. Furnish and Install 30" Non-
Restrained Class 150 Ductile Iron
Pipe and Fittings, in Casing, the sum
of
Inundr ea
$-7a2Q0rc. 5 /z RN) la
�r� Dollars
and Y10 - Cents
per each.
6 2 Each Connect to Existing 30^ Raw Water $ L 2C lc S $ r 4 t5a
DIP at Location "A" Sta. 0+06.931
and Sta. 03+14.221, Mete is
place, the sum of
Fo•.ir >NAnt?‹,A
Inv t -sc#r a Dollars
and Yl e) Cents
pew
7 2 Each Connect to Existing 30" Raw Water $ 3) O1Y V $ fp, zc c
SCCP at Location "B" Sta. 0- 19.23
and Sta. 1+71.04±, including
transition piece and insulating flange,
complete in place, the surn of
*nye -vhou sand elnt
h t „ndr e.d Dollars
and rib Cents
per each.
003004
totauatoz
807738854
City of Round Rode
Relocate To 30-Inch Raw Waterlines
Item Estimated Unit
No. Quantity
Brief Description of Item Unit Bid Prii :e Total
with Unit Bid Price in Words in Figures Amount
in Figures
8 2 Each Connect to Existing 30" Raw Water S '4, 700 4G1) .
DIP at Location "C" Sta. 0- 37.29±
and Sta. 2+ 46.39±, complete in place
the sum of
our .)so s eve
vvvire Dollars
and 710 Cents
per each.
9 1 Each Install Flushing Valve, complete in $ 47 q5;1.5% $ ?OVA A
place, the sum of
{ire t 44uu.i cn..A e
lAoneireA een3hN-4 Dollars
and Or) Cents
per each.
10 1 Each Furnish and Install 2 -inch S ? , SOo;y $ T. Soo Si
Combixation Air Relief Valve and
Manhole, complete in place, the sum
of
e_v Ann.:sr..x. did 4
ronac ' Dollars
and Irk o Cents
per each. so
11 212 L.F. Furnish and Install 42" Steel Casing S 12.170 �'L S 44 2, 400
in Open Trench, complete in place,
the sum of
k Wo e ri
Dollars
and N n Cents
per linear foot.
12 70 L.F. Furnish and install Concrete S (f237 L I tko
a402e1300300 me
Encasement, complete in place, the
sum of
�ixky - 1
Dollars
and f1 o Cents
per linear feet.
00300 -5
10121/2002
City or KOU1C KOCK
Relocate'Mo 30.Inch Raw waterlines '
Item Estimated Unit Brief Description of Item Unit Bid Pr: ce Total
No. Quantity with Unit Bid Price in Words in Figure:. Amount
in Figures
13 3 Each Furnish and Install Concrete Pipe $ _ 1 t ocxi $ 3 pc o '
+
Collars, complete in place, th e sum of
Dollars
1
and V Cents
per each.
Furnish and install Concrete Pipe t
14 1 Each Crossing Cradle, complete in place, 3 - 1 + S2 S--1
the sum of
one. .4AnxiN I ,rk Vnrc '
h.,e,Ar.A }t.,cr41,i f1v
and rt Cents '
per each.
15 70 S.Y. Furnish and Install Loamingand $ . S Z IOa
Hydroseeding, complete in place, the t
sum of
*nl r - t - y '
Dollars
and n er Cents
per linear foot.
16 3 Each F u r n i s h and Install Pipeline M ar k e r S LID c $_ 11. Zoo 1
Signs, complete in place, the sum of
.t-r Inursckr 1
Dollars
and n d Cents
1
per each.
17 1 L.S. An Allowance for SAMCO Leak $1.000.00 $1.000.00
1
Detention to provide Acoustic Testing
of Installed Pipe, the sum of
brie
1
,v Son 8 Dollars
and r,.C. Cents 1
per each.
Subtotal Bid - Items 1 -17 ' $ 7- �1r�1gE )Z1 1
wa0.dx 00300 - unaemoz 1
1
807 -38854
City of Round Rods
RelocaleTv o 20-Inch Raw waterlines
In accordance with Texas House Bill 11 regarding taxes on materials and services, and
contract. the following is a breakdown of cost for materials and cost for labor for liear7:
MATERIALS TO BE INCORPORATE IN PROJECT NOT
SUBJECT TO SALES TAX
x320500300.000
6•
LABOR TO BE INCORPORATED IN PROJECT NOT
SUBTOTAL -ITEMS l•17:
5. BIDDER MUST ANSWER. THE FOLLOWING QUESTIONS:
BIDDERS for definitions.)
Answer:
00300 -7
O O � B
s
1.1-1 oo O 1c.�
SUBJECT TO SALES TAX: S 1 S . OOa r r. x
RENTAL EQUIPMENT AND OTHER TAXABLE ITEMS: s 4 C " -ipj k
ikm ) I8
fer to INSTRUCTIONS TO
A. Is the bidder that is making and submitting this bid a "RESIDENT BIDDER" or a
"NONRESIDENT BIDDER"?
Answer. (Z G b0 Ft&
B. It'd= bidder is a "NONRESIDENT BIDDER ", does the state in which the Nonresident Bidde/s
principal place of business is Located have a law requiring allonresident Bidder ofthat state to bid
a certain amount or percentage under the bid of a Resident Bidder of that state in order for the
nonresident bidder of that state to be awarded a contract on his bid in such state?
C. If the answer to Question B is "yes ", then what amount or percentage must a Texas Resident
Bidder bid under the bid of Resident Bidder of that state in order to be awarded a contract on
such bid in said state?
Answer.
6. The following documents are attached to and made a condition of this Bid:
A. Required Bid Security in the font of T P
t,}v \LL_ -Tv ,A JA/1.10 10
B. A tabulation of Subcontractors who will perform work in the amount of fire percent (5 %) or more
of the Bid. and Suppliers and otherpersons and organizations required to Ix: identified in this Bid.
1 0125 12002
0077-36aso
Myer Rand Rork
Relocate Two 30 -inch Raw Waterlines
0 . 4 salSrwSoo.Ott
TABULATION OF SUBCONTRACTORS AND SUPPLIERS
Subcontractor Work Item Subcontract Value
00
t. ON\AP4Ae....) T e:n.tr kkw Cr 4 1,o06
2.
Supplier Item •
1. A C. I t w 30" Ductile iron Pips.
2. � \ E mbinetion AirA' cuum Valve
3. A C Precast Concrete Pipe - Access Manhole`
7. Communications concerning this Bid shall be addressed to the following named individual, address
and telephone number.
3(3E O n7—:Cn Ts-)
L k ?--ck Q w■ t`rt.
.
(�k (5t l-) 25Z- 2" 14 - T=om ( Sc -) 8Gs8
8. The terms used in this Bid which are defined in the General Conditions of tim Construction Contract
included as part of the Contract Documents have the meanings assigned l0 them in the General
Conditions.
SUBMLTTED on f S N 00 , 20 6:Z-
00300-8
7e?YJCVl
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eon -rasa
Cry of Round Rork
Relocate Two 30-Inch Raw WalerGne3
If BIDDER is:
An individual
By ' (SEAL)
M 32SS10.300, Eoc
(Name of Bidder)
(Title) (Signature)
doing business as
Business address:
Phone No
A Partnership
By (SEAL)
(Firm Name)
(Signature - General Partner)
Business address- —
Phone No.:
A Corporation
By L:N CCI:Z. C s D N uc:0 A3 CbMaa 3 -1 IA,C
(Corporation Name)
01- .A- 5'
(State of Incorporation)
B y Z?c+ie.- 1G aa.N l 1 l': Z
(Name of Person Authorized to Sign)
eV
P+r2-6S 10 tr f 7. /T
(Title) (Si e)
(Corporate Seal)
00300 -9
ionaratax
eon -warn
Oval Round Rode
Reiman Two 30 -Inch Raw Waterlines
A+mesmaoo.doc
Attest
(Sec terary)
Business address: l Q 1—■ 2 — e- 4.1%(....1 L.A.0
Phone No.: ( 51.2) 252— ZZ l �J
Federal Tax Identification Number: 1 y — � 1 4, q S
When proposing as a Corporation, Bidder swears and affirms by signing this Bid that thcprapo gCorporationis
et¢rently in existence, is currently authorized to do business in the State of Texas and that no franchise tax reports
or payments are delinquent asofthc dare ofthis Bid Proposat. The Bidder will provide a Certification
Stators with the signed Contract Documents. Sec the Agtecment, Scctiou 00500, for 1U sample form which is to
be obtained by the successful Contractor front the Texas Comptroller ofPnblieAeootntsand submitted as part of
the final. executed Contract Documents. A "Request for Certificate of Account Status" form is also included at
the and of Section 00500 for the Contractor's use in obtaining the required Certification of Account Status,
END OF SECTION
00300 -10
1024/2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
1
BID BOND
I KNOW ALL MEN BY THESE PRESENTS THAT WE,
as PRINCIPAL and
as SURETY, are held and firmly bound unto the
hereinafter referred to as the "OWNER ", in the penal sum of
five percent (5%) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work
' described below; for the payment of which sum in Lawful money of the United States of America, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of
1
The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted
' the above mentioned bid to the OWNER, for construction for the work under the PROJECT MANUAL for
WATER SYSTEM IMPROVEMENTS, RELOCATE TWO 30 -INCH RAW WATERLINES for which bids
are to be opened at the office of the OWNER on
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required
under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature,
' enters into a written agreement, substantially in the form contained in the Specifications, in accordance with
the bid and files the two bonds with the OWNER, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and
remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgment is recovered, said SURETY shall pay
all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
1 Principal: Surety:
By: By:
(Seal) (Seal)
1
1
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A4320500320 doc 00320 -1 10/24/2002
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Watedines
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
1q .DECE47186Q,
THIS AGREEMENT, made and entered into thisy of
by and between the City of Round Rock, Texas, of the State of Texas, acting through Nyle Maxwell,
Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and Benitez Construction Company,
Inc. of Texas, County of \n) \\ rr, vv, so y> , and State of Texas, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith,
CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain
improvements described as follows:
City of Round Rock
Water System Improvements
Relocate Two 30 - Inch Raw Waterlines
which includes construction of approximately 818 L.F. of 30" ductile iron raw waterline and approximately
212 L.F. of 42" steel casing.
Further described as the work covered by these Contract Documents and Technical Specifications and
consisting of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance,
and other accessories and services necessary to complete the said construction, in accordance with the
conditions and prices stated in the Bid Form attached hereof, and in accordance with the Notice to Contractors,
Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans,
and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda
therefore, as prepared by Camp Dresser & McKee Inc., 9111 Jollyville Road, Suite 105, Austin, Texas 78759,
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR's written Bid Form,
the General Conditions of Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and
collectively evidence and constitute the entire contract.
ARTICLE 1. CONTRACT TIME
1.1
A4326S00500 don
The CONTRACTOR hereby agrees to commence work within seven (7) calendar days after the date
wntten notice to do so has been given to the Contractor, to have the 30 "raw waterline pipe relocations
substantially complete within 120 and 130 calendar days after the date of the written Notice to
Proceed, and to complete and ready for final payment the same within 160 calendar days after the date
of the written Notice to Proceed, subject to such extensions of time as are provided by the General and
Special Conditions. The following table summarizes the dates.
00500 -1
11/21/2002
Work Item
Liquidated Damages for Each
Calendar Day that Expires After the
Completion Time Specified in the
Agreement
Substantial Completion of the Relocation of 30 -Inch DIP
Raw Waterline at Locations "A" and "C"
$500.00
Substantial Completion of the Relocation of 30 -Inch SCCP at
Location "B"
$400.00
Project Complete and Ready for Final Payment
$500.00
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
1. Tie -in to Existing 30" Raw Water DIP at Locations "A" and "C" 120
2. Tie -in to Existing 30" Raw Water SCCP at Location `B"
3. Final Completion
1
• Calendar Days after the date when Contract Time begins as provided in paragraph 2.03 of the General Conditions.
BIDDER accepts the provisions of the Supplementary Conditions and the Agreement as to Liquidated
Damages in the event of failure to complete the Work on time.
1.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence for this
Agreement and that OWNER will suffer financial loss if the Work is not completed within the times
specified in this paragraph, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. They also recognize the delays, expense and difficulties involved in proving in a
legal proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the sum of the
following:
ARTICLE 2. CONTRACT PRICE
Work Item per Paragraph 1.04 of Section 01010 Substantial Completion Date*
2.1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Bid
Form, which forms a part of this Contract, such payments to be subject to the General and Special
Conditions of the Contract.
A4326500500 doc
MATERIALS TO BE INCORPORATED IN
PROJECT NOT SUBJECT TO SALES TAX:
LABOR TO BE INCORPORATED IN
PROJECT NOT SUBJECT TO SALES TAX:
RENTAL EQUIPMENT AND OTHER
TAXABLE ITEMS:
OTHER (i.e., BONDS, INSURANCE,
CAPITAL, EQUIPMENT, ETC.)
$ 130,000.00
$ 35,000.00
$ 46,778.00
$ 221,778.00
TOTAL CONTRACT: $ 211 778.00
00500 -2
11/21/2002
1
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
ARTICLE 3. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
3.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the
basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER for Work
which is completed in accordance with the terms and conditions of the Contract Documents, on or
about the 25th day of each month during construction as provided below. All progress payments will
be on the basis of the progress of the Work measured by the schedule of values established in
Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of
units completed and accepted) or, in the event there is no schedule of values, as provided in the
General Requirements.
Prior to Final Completion, progress payments will be made in an amount equal to the percentages
indicated below, but, in each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
Paragraph 14.02 of the General Conditions.
Ninety-five percent of Work completed, including 95 percent of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by documentation
satisfactory to OWNER as provided in Paragraph 14.02 of the General Conditions).
3.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said Paragraph 14.07.
ARTICLE 4. CONTRACTORS REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
4.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
4.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions
and drawings of physical conditions which are identified in the Supplementary Conditions as provided
in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in
Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in
such reports and drawings.
4.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in
addition to or to supplement those referred to in Paragraph 4.02 above) which pertain to the
subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost,
progress, performance or furnishing of the Work necessary for the performance or fumishing of the
Work at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the
General Conditions. CONTRACTOR understands that the correctness of such information is not
guaranteed by the OWNER or the ENGINEER and CONTRACTOR understands that the conditions
encountered in performing the work may be different from the approximations shown.
A4326500500 doc
00500 -3
11/21/2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
4.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the location of said Underground Facilities as determined by his own field
investigations. CONTRACTOR understands that the correctness of such information is not
guaranteed by the OWNER or the ENGINEER and CONTRACTOR understands that the conditions
encountered in performing the work may be different from the approximations shown.
4.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
4.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
ARTICLE 5. MISCELLANEOUS
5.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be Limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
5.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives in
respect of all covenants, agreements and obligations contained in the Contract Documents.
ARTICLE 6. OTHER PROVISIONS
6.1 Should any dispute arise under this Contract which culminates in litigation, venue of that suit shall be
in a court of competent jurisdiction sitting in Williamson County, Texas. The court shall apply the
laws of the State of Texas in construing and interpreting the terms of this Contract and the Contract
Documents.
6.2 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to
be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, unenforceability shall not
affect any other provisions and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provisions had never been included.
6.3 The captions or headings of paragraphs in this Contract are inserted for convenience only and shall not
be considered in constraining the provisions hereof if any question of intent should arise.
A4326000500 doc
00500 -4
11/21/2002
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
CITY OF ROUND ROCK, TE
(OWNE
BY:
ATTEST:
ayor
A4325S00500 doc
00500 -5
IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in the year and date first
above written.
ccZ Gr 7 c
(CONTRACTOR)
BY:
f(30, -r % G T S
(Typed Name) (Title)
ATTEST:
Secretary, if Contractor is a C ton or ✓
otherwise registered with the Secretary of State '
its
11/21/2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Watethnes
Corporate Seal
A4326500500.d0O
(The following to be executed if the Contractor is a Corporation.)
I, be r fln. r - - VD e rt 1` - LZ , certify that I am the Secretary of the Corporation named
as Contractor herein; that ( �^R.v.Ciact c t5 _. who signed this Contract on behalf
of the Contractor was then Pat s.cx w_, r— (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authonty of its
governing body, and is within the scope of its corporate powers. .
00500 -6
Signed:
END OF SECTION t
11/21/2002
RECEIVED: 12/13/02 1O:O6AM; - , BENITEZ_CONSTFJCTION; #356; PAGE 2
J
DEC -12 -2002 20:58
This Rider is hereby made part of Evergreen National Indemnity Company
Performance & Payment Bond No. 122492. This bond shall be void and of no force or
effect unless the terms of this rider shall be accepted by the Obligee. The bond shall be
and remain in full force and effect provided that all checks or drafts in payment of any
monies due to Benitez Construction Company, Inc. be made payable jointly to Benitez
Construction Company, Inc. and Funds Management, Inc.
Ever u n National Indemni Com
:Benitez Construction Company, Inc.
Bob Tomlison
FUNDS CONTROL RIDER
PERFORMANCE & PAYMENT BONDS
Schuler, Attorney -In -Fact
Bv:
P.02/n2
FUNDS CONTROL RIDER
PERFORMANCE & PAYMENT BONDS
This Rider is hereby made part of Evergreen National Indemnity Company
Performance & Payment Bond No. 122492. This bond shall be void and of no force or
effect unless the terms of this rider shall be accepted by the Obligee. The bond shall be
and remain in full force and effect provided that all checks or drafts in payment of any
monies due to A & R Demolition, Inc. be made payable jointly to Benitez Construction
Company, Inc. and Funds Management, Inc.
Evergreen National Indemnity Company
Benitez Construction Company, Inc.
Bv:
Bob Tomlison
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PERFORMANCE BOND
Bond NO. 122492
Benitez Constructoin Company Inc.
KNOW ALL MEN BY THESE PRESENTS: That oI the City of
Pflugerville Ev�v.„ er Nacyidttcl[ailliamson and State of Texa as
Principal, and Indcmnity Company authorized under the law of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the
penal sum of , Ye P..Pr,f °e y- . , Tfi� g u gg d OW e I T dollars ( $ 211, 778.00 ) for the _-
payment whereof, well and'truly to be made the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner dated the
• - day of ' - , 20 to which the contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of:
Water System Improvements
Relocate Two 30 -Inch Raw Waterlines
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and
singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the
Principal to be observed and performed, including but not limited to, the repair of any and all defects in said
work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in
performing the work covered by said Contract and occurring within a period of twelve (12) months from the
date of the contract Completion Certificate and all other covenants and conditions, according to the true intent
and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas
Government code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said Chapter 2253 to the same extent as if it were copied at length herein. -
A4326500610 doc
00610 -1
FUNDS CONTROL RIDER ATTACHED
9/18/2002
8077-36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be
performed thereunder.
IN yNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
day of December 20 02
Benitez Construction Company, Inc.
Principal
By:
Title Title
19292 -r Wi1kP T.n
Address Address
Pflugerville, Texas 78660
Resident Agent of Surety:
Time Insurance Agency
Printed Name
1405 E. Riverside Dr.
Address
Austin TPicas 7R71j
City, Sta Zip Code
Signature
A4326S00610 doc
•
00610 -2
Evergreen National TndPmnity rnm£any
Surety / l
By:1 `/ (.�/ L a-
Johp Schuler
Attorney -Tn -Fact
10055 Swett Valley Drive
Valley View, Ohio 44125
snerzoo2
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND
Bond No. 122492
KNOW ALL MEN BY THESE PRESENTS: t Benitez C�onstructionCompannv th e n c` ity of
Pflugerville Williamson
Count of and State of Texas
as Principal, and a I en tua t ion nuthorized under the laws of the State of Texas to act as Surety on
Bonds for Principals, are $etotSn i t�`y ound unto THE CITY OF ROUND ROCK, (OWNER), and all
subcontractors, workers, laborers, mechanics and suppliers as their interest may appear all of whom shall have
the right to sue upon this bond, to the penal sum of Two Hundred Eleven T Seven Hundred
Seventy -Eight adnd 00 /100 Dollars ($ 211,778.0U ) for the payment whereof, well
and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors,
successors, and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
day of -" - 20 , to which Contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein consisting of:
A4326S00630 doc
Water System Improvements
Relocate Two 30 -Inch Raw Waterlines
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that ?fthe said Principal shall
well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by
said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the
construction of the improvements of said Contract, then this obligation shall be and become null and void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas
Govemment code, as amended, and all liabilities on this bond shall be detemrined in accordance with the
provisions of said Chapter 2253 to the same extent as if it were copied at length herein.
00630 -1
FUNDS CONTROL RIDER ATTACHED
9/30/2002
807746854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings
accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Pnncipal and Surety have signed and sealed this Instrument this 11th
day of December 20 02
Benitez Construction Company, Inc.
Principal
By: 7 - 7 .2 A„
Title
19292 -C Wilke Lane
Address
Pijugerville, Texas 78660
Resident Agent of Surety:
Printed Name
1405 E. Riverside Drive
Address
Austin, Texas 78741
City, State 4) Code
�YI V ,J�G
Signature
Y
Time Insurance Agency
A4326S00630 doc
00630 -2
Surety
By:
Evergreen National Indemnity Company
1114
n W. Schuler
Attorney -In -Fact
Title
10055 Sweet Valley Drive
Address
Valley View,oHio 44125
9130/2002
1
-tt :,- 1= -
EVERGREEN NATIONAL INDEMNITY COMPANY '
..,' c i . CLEVELAND, OHIO . • ' , '•
• - I ' I" POWER OF ATTORNEY •
r .
)t f., t,.-
t .,, - Benitez Construction Company, Inc. ' ', - EFFECTIVE DATE -_'
I PRINCIPAL•
} .1, - :.. t 211,778.00
CONTRACT AMOUNT - - AMOUNT OF BOND $ : -
.- .1' ,.
_.
[,KNOW ALL MEN BY THESE PRESENTS: That the Evergreen Nanonal Indemnity Company, a corporation in the' State of Ohio does, hereby nominate, •
I con - i Jo ean W. S --- ' I I' - - it- .. ... l _ ` . • - -- John W. Schuler - ; -
its true and lawful Attomey(s) -In -Fact to inake,'exedute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any '
° t . ;, and all bonds, undert kings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the obligation of the Company under this
' • - Power of Attomcy,shall not exceed One Million Five Hundred Thousand Dollars (91,500,000,00). - . = t i , t -- 1 - _
- This Power of Attorney is granted and la signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of t
• February, 1994: t i • _ 1 i _ _ - I t • - 'r , - ' ' - t I r , !
1' "RESOLVED, That any two officers of the Company shall have the authority to make, execute and deliver a Power of Attorney constltutmg as " "
■ : Attomey(s) -in -fact of such persons, firms, or corporations as maybe selected from time to time. • • ' • . t • • t •
, :1. _ - FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company maybe affixed to any such Power of Attorney or any certificate
_ 1 i relating thereto by facsimile; and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and biding 1 '
upon the C ompany, and any such powers so 'executed and certificate by facsimile signatures and facsimile seal shall be valid and binding upon the t •
Company in the future with respect to any bond or undertaking to which it is attached." • , • +• - r _ _ - • • . '
- t •I, . i6 t - - i ,
' "' IN WITNESS WHEREOF, t Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed
by its duly authorized officers this 23rd day of February, 1994, ' ,
t l.
' Notary Public) 1
,1StateofOhio) _ . - SS:,
' : r
• "NAL 1Mp�
2, pORFDR /17,
f f_ o e r
r7
:. 'SE AL
tL.
'. .. POWER NO. 12 249.2. ,- •
EVERG N NATION INDEMNITY COMPANY
Rosviell P. Ellis, President —11.
•� 93•,r ? - - I Glenn D. Southwick, Treasurer
* 'OHIO. 4
`t •1
. .....
12/11/02
211,778.00 1
. 1.
I :
On this '10th day of May, 2001; befdre the subscriber, ;;Notary
Notary for the State of Ohio, duly commissioned and qualified, personally came Roswell P.
I - Elks and Glenn D Southwick, of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and
t , , - who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers , _
of said Company aforesaid 'and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal arid
signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said' r' •
II ', • �' Company, referred to in the preceding instrument, is now is f o r c e . • . r ; .' : • . ; `'J ii t ' . ffi -
IN TESTIMONY WHEREOF, I have hereunto set my hand and axed my official seal at Columbus Ohio, the day and year above _ wntten' 1
SUE E.DUFFY ';... Sue . Sue E. Duffy
t ' ' 1 Notary Public State of 0
+ + ' NOTARY PUBUC, STATEOFO'I90 ' • - ' t r r - My Commission expires August 6, 2004
1 ' , t ; ' ° '� xis ti t P W COMMISSION 1APIRESAUG.6,2001 ;
1•Smte of Ohio) � OR S. - ,1 u a,. it ri - '1- : -' :1'
a
- 1, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State o DO, HEREBY CERTIFY that the - - 11
' T - r foregoi Power of Attorney remains in full force and has not been revoked and furthermdre that the Resolution of the Board of Dtrectors, set forth herein t
_ above, is now in force. :",:t7,.:` 11 ^• „ '' ":•..,,,, J)eeember, 2002 - i i' I -
• Signed and sealed in Columbus, Ohio this - t • .. \d Ai / o
_ ? r GGRPOAT4c\ 1'`� Kurt H. Weiland' Secretary .
•t : ,II VIII VIII 1111101 II VIII 11111 III, -,+ - ?`,; •- SEAL] �• O '^ I I An reproduction or facsimile of this font is void and invalid. ,
I p !'r 1
E _ :.-
122492 -'' '1382349 u� `'., + / a
- " 4► .. F,tl " ' FUNDS CONTROL RIDER ATTACHED -
... OHIO ..
PRINCIPAL
EVERGREEN NATIONAL INDEMNITY COMPANY
CLEVELAND, OIIIO
POWER OF ATTORNEY
Benitez Construction Company, Inc 12/11/02
EFFECTIVE DATE
211,778.00 211,778.00
CONTRACT AMOUNT AMOUNT OF BOND $
POWER NO 122492
KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation m the State of Ohio does hereby nominate,
constitute and int
^•^•^•^• John W Schuler — ^� - •
its true and lawful Attorneys) -hr -Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as us act and deed, where required, any
and all bonds, undertakuigs, recognizances and written obligations m the nature thereof, PROVIDED, however, that the obhgation of the Company under tins
Power of Attorney shall not exceed One Mdhon Five Hundred Thousand Dollars ($1,500,000.00).
This Power of Attorney is granted and is signed by facsimile pursuant to the followmg Resolution adopted by its Board of Directors on the 23rd day of
February, 1994:
"RESOLVED, That any two officers of the Company shall have the authonty to make, execute and deliver a Power of Attorney constmnmg as
Attomey(s) -m -fact of such persons, firms, or corporations as may be selected from time to tune
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attomey or any certificate
relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company; and any such powers so executed and certificate by facsimile signatures and facsmule seal shall be valid and bmdmg upon the
Company m the fume with respect to any bond or undertakmg to which it is attached."
IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed
by its duly authorized officers this 23rd day of February, 1994.
Notary Public)
State of Oho)
SS.
On this loth day of May, 2001, before the subscriber, a Notary for the State of Onto, duly commissioned and qualified, personally came Roswell P
Ellis and Glenn D. Southwick, of the Evergreen National Indemnity Company, to me personally known to be the mdmduals and officers described herein, and
who executed the preceding instrument end acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers
of said Company aforesaid, and that the seal affixed to the precedmg mstrunment is the Corporate Seal of said Company, and the said Corporate Seal and
signatures as officers were duly affixed and subscribed to the said instrument by the authonty and direction of said Corporation, and that the resolution of said
Company, referred to m the preceding mstrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus Ohio, the day and year above wnttea
e cpRPO•R'gte. \\ < z
�•�.
cc
SEAL ` O
SEAL o
., * OHIO 4( ,r
SUE E DUFFY
NOTARY PUBLIC, STATE OF OFIO
MY COMIIISS IEXPIIESAUG. 6,2004
EVER N NATION INDEMNITY COMPANY
& /ilk d ,�
Roswell P. Ellis, President
Glenn D. Southwick, Treasurer
Sue E. Duffy
Notary Public State of 0
My Commission expnns August 6, 2004
I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohm, DO HEREBY CERTIFY that the
foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth herein
above, is now in force
Signed and sealed m Columbus, Ohio this ,
11 d '" ••.,, pecember, 2002
\ oss p "' , !NU \
i ' c,Q '( J•• .._, .. . ..,.. t , \
II IIIII IIIII IIIII IIIII IIIII IIIII III ? °°—PD�ATF`` a s
O
':: SEAL; 2I
122492 •1382549 V.1 r a I)
„ •'tr OHIO fi ,.'
Kurt H Weiland, Secretary
Any reproduction or facsimile of this form is void and mvalid
'FUNDS CONTROL RIDER ATTACHED
EVERGREEN NATIONAL INDEMNITY
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact Evergreen National Indemnity Insurance Company for
information or to make a complaint at:
Evergreen National Indemnity Insurance Company
C/O Contract Operations Planning, Inc.
Attn: Claims
10055 Sweet Valley Drive
Valley View, Ohio 44125
(216) 447 -9004
(216) 447 -9137 fax
Insurance Company
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104, Austin, Texas 78714 -9104
(800) 252-3439
(512) 475 -1771 fax
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only
and does not become a part of condition of the attached document and is given
to comply with Section 2253.48, Government Code, and Section 53.202,
Property Code, effective September 1, 2001.
FUNDS CONTROL RIDER ATTACHED
1
CERTIFICATE OF LIABILITY INSURANCE Date: 1/06/03
PRODUCER
Time Insurance Agency, Inc.
1405 E. Riverside Dr.
Austin, TX 78741
512- 447 -7773
B
COMPANIES AFFORDING COVERAGE
A National American Insurance Company
INSURED t:
Benitez Construction, Inc.
19292 Wilke Ln. D
Pflugerville, TX 78660 -7402
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE S2,000,000
A MP4657142I 9/14/02 9/14/03 PRODUCTS- COMP /OP AGO. 52,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE S1,000,000
FIRE DAMAGE (Any one fire) S 100,000
MED. EXPENSE (Any one person) S 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $1,000,000
A AU4240642I 9/14/02 9/14/03 BODILYINJURY(Perperson) S
BODILY INJURY (Per accident) $
PROPERTY DAMAGE S
EXCESS LIABILITY EACH OCCURRENCE s5,000,000
A MB4228842I 9/14/02 9/14/03 AGGREGATE 55,000,000
WORKERS' COMPENSATION STATUTORY LIMITS $
AND EMPLOYERS' LIABILITY EACH ACCIDENT S
500,000
A CW4836842I 9/14/02 9/14/03 DISEASE- POLICY S 500,000
DISEASE - EACH EMPLOYEE 5 500,000
PROFESSIONAL LIABILITY
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES /SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability'
and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing
company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock RIZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664
Certificate of Liability Insurance
EXHIBIT "A"
Typed N•. e: John W. Schuler
Title: President
Revised 102002
1
INSURED
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Date:
COMPANIES AFFORDING COVERAGE
A
B
C
D
I THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by
the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF INSURANCE POLICY
LTR NUMBER
GENERAL LIABILITY
1
1 AUTOMOBILE LIABILITY
EFFECTIVE EXPIRATION
DATE DATE
LIMITS
GENERAL AGGREGATE
PRODUCTS - COMP /OP ACC.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person)
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
1
' EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS
1
OTHER
DESCRIPTION OFOPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS
1
The City of Round Rock is named as additional Insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of
I
the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the
certificate holder named below.
• ' CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE
221 E Main Street
Round Rock, Texas 78664
Attn:
' Typed Name:
Title:
EACH ACCIDENT $
DISEASE - POLICY LIMIT $
DISEASE - EACH EMPLOYEE $
1 r4326S00660 doc 00650 -1 9ne/2oo2
THIS PAGE LEFT BLANK INTENTIONALLY
8077 - 36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
WARRANTY BOND
BOND NUMBER AMOUNT
KNOW ALL MEN BY THESE PRESENTS,
That we,
(hereinafter called the 'Principal') as Principal, and the
a Corporation duly organized under the laws of the State of
and duly licensed to transact business in the State of
(hereinafter called the "Surety "), as Surety, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of
Dollars ($ ) for the payment of which sum well and truly to be made, we, the said
Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly, by these presents.
Sealed with our seals and dated this
day of , A.D. nineteen hundred and
WHEREAS, the said Principal has heretofore entered into a contract with
Dated
20 for construction of:
Water System Improvements
Relocate Two 30 -Inch Raw Waterlines
(equipment specified)
WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under
said contract, against defects in materials or workmanship, which may develop during the period beyond one
year from the date of acceptance of the equipment for a duration as indicated in the individual specifications
sections above described, by Owner:
The City of Round Rock, Texas
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall
faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own
expense any and all defects in materials or workmanship in the said work which may develop during the period
beyond year from the date of acceptance
A4326500670 doc
00670 -1
9/18/2002
8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
WARRANTY BOND (continued)
of the equipment for a duration as indicated in the individual specification sections above described, by Owner:
The City of Round Rock, Texas
OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may
sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void;
otherwise shall remain in full force and effect.
Principal Surety
By: By:
Title Title
Address Address
Resident Agent of Surety:
Printed Name
Address
City, State & Zip Code
Signature
A4326000670 000
00670 -2
9/18/2002
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
AMERICAN CONSULTING
ENGINEERS COUNCIL
EJCDC No. 1910 -8 (1996 Edition)
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOLNT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
O National Society of
Professional Engineers
Praises/anal Engineers to Pnvale Practice
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General
Construction Specifications Institute
Contractors of America
ASCE
AMERICAN SOCIETY OF
CIVIL ENGINEERS
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910 -8 -A -1 or 1910 -
8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910 -50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17)
(1996 Edition).
Copyright 0 1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700 - 2
1
1 TABLE OF CONTENTS
1
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 00700 - 6
1.01 Defined Terms 00700 - 6
1.02 Terminology 00700 - 8
ARTICLE 2 - PRELIMINARY MATTERS 00700 - 9
2.01 Delivery of Bonds 00700 - 9
2.02 Copies of Documents 00700 - 9
2.03 Commencement of Contract Times; Notice to Proceed 00700 - 9
2.04 Stoning the Work 00700 - 9
2.05 Before Starting Construction 00700 - 9
2.06 Preconstruction Conference 00700 - 10
107 Initial Acceptance of Schedules 00700 - 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 00700 - 10
3.01 Intent 00700 - 10
3.02 Reference Standards 00700 - 10
3.03 Reporting and Resolving Discrepancies 00700 - 11
3.04 Amending and Supplementing Contract Documents 00700 - 11
3.05 Reuse of Documents 00700 - 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS 00700 - 11
4.01 Availability of Lands 00700 - 11
4.02 Subsurface and Physical Conditions 00700 - 12
4.03 Differing Subsurface or Physical Conditions 00700 - 12
4.04 Underground Facilities 00700 - 13
4.05 Reference Points 00700 - 13
4.06 Hazardous Environmental Condition at Site 00700 - 14
ARTICLE 5 - BONDS AND INSURANCE 00700 - 15
5.01 Performance, Payment, and Other Bonds 00700 - 15
5.02 Licensed Sureties and Insurers 00700 - 15
5.03 Certificates of Insurance 00700 - 15
5.04 CONTRACTOR's Liability Insurance 00700 - 15
5.05 OWNER's Liability Insurance 00700 - 16
5.06 Property Insurance 00700 - 16
5.07 Waiver of Rights 00700 - 17
5.08 Receipt and Application of Insurance Proceeds 00700 - 18
5.09 Acceptance of Bonds and Insurance; Option to Replace 00700 - 18
5A0 Partial Utilization, Acknowledgment of Property Insurer 00700 - 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 00700 - 18
6.01 Supervision and Superintendence 00700 - 18
6.02 Labor; Working Hours 00700 - 19
6.03 Services, Materials, and Equipment 00700 - 19
6.04 Progress Schedule 00700 - 19
6.05 Substitutes and "Or- Equals" 00700 - 19
6.06 Concerning Subcontractors. Suppliers, and Others 00700 - 20
6.07 Patent Fees and Royalties 00700 - 21
6.08 Permits 00700 - 21
6.09 Laws and Regulations 00700 - 22
6.10 Taxes 00700 - 22
6.11 Use of Site and Other Areas 00700 - 22
6.12 Record Documents 00700 - 22
6.13 Safety and Protection 00700 - 23
6.14 Safety Representative 00700 - 23
6.15 Hazard Communication Programs 00700 - 23
00700 - 3
Er.%
6.16 Emergencies 00700 - 23
6.17 Shop Drawings and Samples 00700 - 2 3
6.18 Continuing the Work 00700 - 24
6.19 CONIRACTOR's General Warranty and Guarantee 00700 - 25
6.20 Indemnification 00700 - 2 5
ARTICLE 7 - OTHER WORK 00700 - 26
7.01 Related Work at Site 00700 - 26
7.02 Coordination 00700 - 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES 00700 - 26
8.01 Communications to Contractor 00700 - 26
8.02 Replacement of ENGINEER 00700 - 26
8.03 Furnish Data 00700 - 26
8.04 Pay Promptly When Due 00700 - 26
8.05 Lands and Easements; Repons and Tests 00700 - 26
8.06 Insurance 00700 - 27
8.07 Change Orders 00700 - 27
8.08 Inspections, Tests, and Approvals 00700 - 27
8.09 Limitations on OWNER't Responsibilities 00700 - 27
8.10 Undisclosed Hazardous Environmental Condition 00700 - 27
8.11 Evidence of Financial Arrangements 00700 - 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 00700 - 27
9.01 OWNER'S Representative 00700 - 27
9.02 Visits to Site 00700 - 27
9.03 Project Representative 00700 - 27
9.04 Clarifications and Interpretations 00700 - 28
9.05 Authorized Variations in Work 00700 - 28
9.06 Rejecting Defective Work 00700 - 28
9.07 Shop Drawings, Change Orders and Payments 00700 - 28
9.08 Determinations for Unit Price Work 00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 00700 - 28
9.10 Limitations on ENGINEER's Authority and Responsibilities 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 00700 - 79
10.01 Authorized Changes in the Work 00700 - 29
10.02 Unauthorized Changes in the Work 00700 - 79
10.03 Execution of Change Orders 00700. 29
10.04 Notification to Surety. 00700 - 29
10.05 Claims and Disputes 00700 - 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 00700 - 30
11.01 Cost of the Work 00700 - 30
11.02 Cash Allowances 00700 - 32
11.03 Unit Price Work 00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 00700 - 33
12.01 Change of Contract Price 00700 - 33
12.02 Change of Contract Times 00700 - 33
12.03 Delays Beyond CONTRACTOR's Control 00700 - 33
12.04 Delays Within CON7RACTOR's Control 00700 - 34
12.05 Delays Beyond OWNER'S and CONIRACTOR's Control 00700 - 34
12.06 Delay Damages 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK 00700 - 34
13.01 Notice of Defects 00700 - 34
13.02 Access to Work 00700 - 34
13.03 Tests and Inspections 00700 - 34
13.04 Uncovering Work 00700 - 35
13.05 OWNER May Stop the Work 00700 - 35
13.06 Correction or Removal of Defective Work 00700 - 35
00700 -4
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13.07 Correction Period 00700 - 35
13.08 Acceptance of Defective Work 00700 - 36
13.09 OWNER May Correct Defective Work 00700 - 36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 00700 - 36
14.01 Schedule of Values 00700 - 36
14.02 Progress Payments 00700 - 37
14.03 CONTRACTOR's Warranty of Title 00700 - 38
14.04 Substantial Completion 00700 - 38
14.05 Partial Utilization 00700 - 39
14.06 Final Inspection 00700 - 39
14.07 Final Payment 00700 - 39
14.08 Final Completion Delayed 00700 - 40
14.09 Waiver of Claims 00700 - 40
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 00700 - 40
15.01 OWNER May Suspend Work 00700 - 40
15.02 OWNER May Terminate for Cause 00700 - 40
15.03 OWNER May Terminate For Convenience 00700 - 41
15.04 CONTRACTOR May Stop Work or Terminate 00700 - 41
ARTICLE 16 - DISPUTE RESOLUTION 00700 - 41
16.01 Methods and Procedures 00700 - 41
ARTICLE 17 - MISCELLANEOUS 00700 - 42
17.01 Giving Notice 00700 - 42
17.02 Computation of Times 00700 - 42
17.03 Cumulative Remedies 00700 - 42
17.04 Survival of Obligations 00700 - 42
17.05 Controlling Law 00700 - 42
00700 - 5
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Tern;
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to bath the singular and plural thereof.
1. Addenda —Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement—The wrinen instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment —The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos- -Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents —The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements —The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements. '
8. Bonds — Performance and payment bonds and
other instruments of security.
9. Change Order - -A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the
GENERAL CONDITIONS
00700 -6
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim - -A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents —The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price —The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Times —The number of days or the dates
stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
recommendation of final payment.
15. CONTRACTOR —The individual or entity with
whom OWNER has entered into the Agreement.
16. Cost of the Work- -See paragraph 11.01.A for
definition.
17. Drawings —That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Date of the Agreement - -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. ENGINEER - -The individual or entity named as
such in the Agreement.
20. ENGINEER's Consultant - -An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER'S independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order — written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements— Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition —The
presence at the Site of Asbestos, PCBs, Petroleum.
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste — The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens— Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
00700 - 7
27. Milestone - -A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award —The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed - -A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
30. OWNER- -The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization- -Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs -- Polychlorinated biphenyls.
33. Petroleum -- Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum.
fuel oil. oil sludge. oil refuse, gasoline, kerosene. and oil
mixed with other non- Hazardous Waste and crude oils.
34. Project - -The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a pan as may be indicated
elsewhere in the Contract Documents.
35. Project Manual — The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material — Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
38. Samples -- Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings — All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site - -Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights-of -way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41. Specifications —That part of the Contract
Documents consisting of wrinen technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor - -An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion- -The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified pan thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or pan of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions- -That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier — manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities - -A11 underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
00700 - 8
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work - -Work to be paid for on the
basis of unit prices.
48. Work —The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
49. Work Change Directive — A written statement to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition. deletion, or revision
in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the panes as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment - -A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction - related
aspects of the Contract Documents.
1.02 Terminology
A. Intent of Cenain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination will be solely
to evaluate, in general, the completed Work for
compliance with the requirements of and information in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary io the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory. faulty. or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred
to in the Contract Documents. or has been damaged pri r
to ENGINEER's recommendation of final payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or rlace in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide." when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well -known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
00700 - 9
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starring Construction
A. COIVRACTOR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
00700 - 10
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Conn Documents and any provision of any Law or
Regulation applicable to the performance of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplier. CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
00700 - 11
3.04 Amending and Supplementing Contract Documents
ors A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant. including
electronic media editions; and (ii) shall not reuse any of such
Drawings. Specifications. other documents. or copies thereof
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER'S Consultants with respect to:
I. the completeness of such reports and drawings
for CONTRACTOR'S purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data or any such
other data, interpretations, opinions, or information.
00700 - 12
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then CONTRACTOR shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER 's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER'S obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER'S findings and
conclusions.
C. Possible Price and Times Adjustments
I. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of paragraphs 9.08
and 11.03.
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03 .A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both. a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER.
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR ¢h,11 have full
responsibility for:
a. reviewing and checking all such information
and data,
00700 - 13
b. locating all Underground Facilities shown or
indicated in the Contract Documents.
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give written
notice to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the existence or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required. a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be trade in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that CONTRACTOR did not know of and could not
reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
00700 - 14
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning
the necessity for OWNER to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that such condition and any affected
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may
make a Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted ponion of the Work
performed by OWNER's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
parmets, employees, agents, other consultants, and
subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence. 44"
11. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Paymem, and Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when fatal payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
00700 - 15
of paragraph 5.0I.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02. '
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER.
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
00700 - 16
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurance
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 PrapernvInsurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all -risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in ,,,he. Work, ,
provided that such materials and equipment h been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a cenifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER'S Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a ;ertiftcate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
E. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work
00700 - 17
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
..OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will protect
OWNER, CONTRACTOR. Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, parmers, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will
have no rights of recovery against any of the insureds or
additional insureds thereunder. OWNER and CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any parry
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWNER'S property or the Work
caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.B shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential Toss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
OWNER shall deposit in a separate account any money so
received and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof,
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parries in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in writing by any parry in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. if either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or insurance required to be purchased and
maintained by the other parry in accordance with Article 5 on
the basis of non - conformance with the Contract Documents,
the objecting party shall so notify the other parry in writing
within 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. OWNER
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided as the
other may reasonably request. If either party does not
purchase or maintain all of the Bonds and insurance required
00700 - 18
of such parry by the Contract Documents, such parry shall
notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER fords it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, technicues, sequences,
and procedures of construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
requ by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent,
qualified personnel to survey, lay out, and constrict the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools.
appliances, fuel, power, light, heat, telephone. water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
00700 - 19
any provisions of the General Requirements applicable
thereto.
,h a y wY.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
6.05 Substitutes and "Or Equals
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or- equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the circum-
stances described below.
1. "Or- Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required. it may be considered by ENGINEER as an
"or equal" item. in which case review and approval of
the proposed item tray, in ENGINEER's sole discretion.
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (11) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qualify as an "or- equal" item under
paragraph 6.05.A.1, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for
review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
00700 - 20
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B.
ENGINEER will be the sole judge of acceptability. No
"or -equal" or substitute will be ordered, installed or utilized
until ENGINEER's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER will
advise CONTRACTOR in writing of any negative
determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense a special
performance guarantee or other surety with respect to any
substitute.
E. ENGINEER's Cost Reimbursement: ENGINEER will
record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submined by
CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.3
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed
substitute.
F. CONTRACTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or- equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors. Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary" Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor. Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or ind contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
00700 - 21
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, parners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention. design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design. process, product, or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees or agents, and other
consultants of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Perntirs
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, h shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
I. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
00700 - 22
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work.
CONTRACTOR shall promptly settle with such other
patty by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses. and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or occupant
against OWNER, ENGINEER, or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials. rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools.
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work. these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or .any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
00700 - 23
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and
ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.07.E that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 Hazard Communication Programs
A. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended rue,
fabrication, shipping, handling, storage, assembly.
and installation pertaining to the performance of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
00700 - 24
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine if the items covered by
the submittals win, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.I7.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR'S warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible: or
2. normal wear and tear under normal usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
so;
5. any acceptance by OWNER or any failure to do
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them from
00700 - 25
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work. provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners. or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGtNEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor. or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work and shall properly coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
00700 - 26
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations
and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means. methods, techniques, sequences.
or procedures of construction, or the safety precautions and
programs incident thereto. or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
00700 - 27
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the She at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER. will determine, in general. if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly.
but without limitation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and (imitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable prompmess
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
00700 - 28
B. In connection with ENGINEER'S authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such maners before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
fmal and binding (except as modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER'S Authority and Respon-
sibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, ton, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents. -
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.05.
10.02 -: Unauthorized Changes in the Work
00700 - 29
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.13.
10.03 Erecution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.O1.A. (ii) required
because of acceptance of defective Work under para-
graph I3.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
10.05 Claims and Disputes
A. Notice: Written notice stating the general name of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent juttsdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
00700 - 30
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.B.
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Such employees shall
include without limitation superintendents, foremen, and
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits,
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and remrus from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation.
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials. supplies, equipment.
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or pars shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
00700 - 31
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.D).
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost -plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall
not include any of the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph 11.01.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property.
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
C. CONTRACTOR', Fee: When all the Work is
performed on the basis of cost -plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow-
00700 - 32
antes have been included in the Contract Price and not
in the allowances, and no demand for additional payment
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each
separately identified item of Unit Price Work times the
estimated quantity of each hem as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately
identified item.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the parties are unable to agree as
to the amount of any such increase or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; •
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
notice submitted by the parry making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03 );
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under paragraphs
11.01.A.1 and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
00700 - 33
fixed fee is agreed upon. the intent of paragraph
12.0I.C.2.a is that the Subcontractor who actually
performs the Work. at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.1 and
11.01.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under paragraphs 11.01.A.4, 11.01.A.5,
and 11.01.B;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will in
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will be
extended in an amount equal to the time lost due to such
delay if a Claim is made therefor as provided in paragraph
12.02.A. Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of arty of them. for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR: or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
00700 - 34
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections,
tests. or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.0 and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.B
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to
be inspected, tested. or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates
of inspection or approval.
D. CONTRACTOR shall be responsible for arranging
and obtaining and shall pay all costs in connection with any
inspections, tests, or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work; or acceptance of materials, mix
designs. or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
E. If any Work (or the work of others) that is to be
inspected. tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER. it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR. at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of work
of others); and OWNER shall be entitled to an appropriate
decrease in the Contract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If, however, such
Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Times (or Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
00700 - 35
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier. any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER. remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily correct or repair or remove and replace any damage to
other Work, to the work of others or other land or areas
resulting therefrom. If CONTRACTOR does not promptly
comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
repaired or may have the rejected Work removed and
replaced, and all Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial
Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
attributable to OWNER's evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such
acceptance occurs prior to ENGINEER's recommendation of
final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the panics are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously. In
00700 - 36
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees.
OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against CON-
TRACTOR, and a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work; and OWNER shall be entitled to an
appropriate decrease in the Contract Price. If the parties are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
14.02 Progress Payments
A. Applications for Payments
B. Review of Applications
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice, or other docu-
mentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered
by appropriate property insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications
for Payment.
3. The amount of retainage with respect to pro-
gress payments will be as stipulated in the Agreement.
1. ENGINEER will, within 10 days after receipt of
each Application for Payment, either indicate in writing
a recommendation of payment and present the
Application to OWNER or return the Application to
CONTRACTOR indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
00700 - 37
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under paragraph 9.08, and 10 any other
qualifications stated in the recommendation): and
c. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress. or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents: or (ii l that
there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to withhold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct. or
control the Work or for the means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for CON -
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER (0 make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set -off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02.A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
00700 - 38
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to
by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfactiou the reasons for
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.1.
14.03 CONTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
ENGINEER'S aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative List.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
rp :-
00700 - 39
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
insurance.
14.06 Final lnspecrion
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such
deficiencies. •
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents. all main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked -up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents.
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to fatal payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
OWNER) of all Lien rights arising out of or Liens filed
in connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in frill, CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Application for Payment, indicate in
writing ENGINEER's recommendation of payment and
present the Application for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will
constitute:
00700 - 40
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the
Work on the date so fixed. CONTRACTOR shall be allowed
an adjustment in the Contract Price or an extension of the
Contract Times. or both, directly attributable to any such
suspension if CONTRACTOR makes a Claim therefor as
provided in paragraph 10.05.
15.02 O147JER May Terminate for Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.07 as adjusted from time to time
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER; or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in paragraph
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere, and fetish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) sustained by OWNER
arising out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and.
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
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00700 - 41
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER fails for 30
days to pay CONTRACTOR any sum finally determined to
be due, then CONTRACTOR may, upon seven days written
n otice to OWNER and ENGINEER, and provided OWNER
r ENGINEER do nor remedy such suspension or failure
within that time, terminate the Contract and recover from
OWNER payment on the same terms as provided in
aragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENG1-
EER has failed to act on an Application for Payment within
0 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
t o OWNER and ENGINEER, stop the Work until payment
s made of all such amounts due CONTRACTOR, including
terest thereon. The provisions of this paragraph 15.04 are
of intended to preclude CONTRACTOR from making a
laim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties.
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
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Article
Number Title
A4326S00800 doc
SECTION 00800
SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
PART I — AMENDMENTS TO GENERAL CONDITIONS
1 DEFINITIONS AND TERMINOLOGY
2 PRELIMINARY MATTERS
3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
5 BONDS AND INSURANCE
6 CONTRACTOR'S RESPONSIBILITIES
7 OTHER WORK
8 OWNER'S RESPONSIBILITIES
9 ENGINEER'S STATUS DURING CONSTRUCTION
11 COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
13 TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
14 PAYMENTS TO CONTRACTOR AND COMPLETION
15 SUSPENSION OF WORK AND TERMINATION
16 DISPUTE RESOLUTION
17 MISCELLANEOUS
PART II - FEDERAL AND STATE GOVERNMENT PROVISIONS
1.0. FEDERAL GOVERNMENT PROVISIONS
2.0. STATE OF TEXAS PROVISIONS
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SUPPLEMENTARY CONDITIONS
PART I - AMENDMENTS TO GENERAL CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction
Contract (EJCDC Document No. 1910 -8, 1996 Edition) and other provisions of the Contract Documents as
indicated below. All provisions which are not so amended or supplemented remain in full force and effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
SC- 1.01.A.12.
In the third line after the word "Agreement," insert "the Invitation To Bid, Instructions to Bidders."
SC- 1.01.A.41.
Delete Paragraph 1.01.A.41 in its entirety and replace with the following:
Specifications - Sections included under Division 1 through Division 2 of the Project Manual.
SC- 1.01.A.43.
Insert the following at the beginning of the definition.
The Work required by the Contract has been completed except for work having a Contract Price of less than
one per cent of the then adjusted total contract price, or
SC- 1.01.A.50.
Add the following new definition after Paragraph 1.01.A.50 of the General Conditions:
51. Conditions of the Contract - The combined General Conditions (Section 00700) and Supplementary
Conditions (Section 00800).
SC- 1.01.A.51
Add the following new definition after Paragraph 1.01.A.51 of the General Conditions:
52. Year 2000 (Y2K) Compliance
"Year 2000 (Y2K) Compliant" is the ability of a system, process or item to:
1) Handle date information before, during and after midnight, December 31, 1999, including, but not
limited to: accepting date input; provide date output; and perform calculations and comparisons on
dates or portions of dates. Date interpretation and manipulation must be correct for all valid date
values within the application domain. Regarding all calendar- related date and calendar related
processing of date data, the system/process will not malfunction, will not cease to function, will not
generate incorrect data, and will not produce incorrect results.
2) Function accurately and without interruption before, during and after January 1, 2000, without any
change in operations associated with the advent of the new century.
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3) Respond to two -digit year -date input in a way that resolves the ambiguity as to the century in a
disclosed, defined and predetermined manner. Interfacing software must make the same century
assumptions when processing two -digit years. Process the year 2000 as a leap year.
4) In addition to the year 2000 leap year dates (February 28 - 29: March 1, 2000) the following specific
dates, and the transition to and from these specific dates, must be processed without error:
December 31, 1998; January 1, 1999; September 9, 1999; September 10, 1999; December 31,
1999; January 1, 2000; December 31, 2000; January 1, 2001; December 31, 2004; and January 1,
2005.
5) Correctly handle date field containing non -date information and correctly handle a date held in a
non -date field.
6) Correctly process any date with a year specified as " +99" and "00" regardless of other subjective
meanings attached to these values.
ARTICLE 2 - PRELIMINARY MATTERS
SC- 2.02.A.
Delete "ten" in the first line and replace with "six ".
SC- 2.03.A.
Delete Paragraph 2.03.A of the General Conditions in its entirety and insert the following in its place:
A. The Contract Time will commence to run as indicated in the Notice to Proceed.
SC -2.05.
Delete Paragraph 2.05.0 of the General Conditions in its entirety and insert the following in its place:
C. Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with copies to
ENGINEER and each additional insured identified m Article 5 of the Supplementary Conditions, certificates of
insurance (and other evidence requested by OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with the requirements of Article 5.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
SC -3.01.
Add a new paragraph immediately after Paragraph 3.01.0 of the General Conditions which is to read as
follows:
D. Each and every provision of law and clause required by law to be inserted in these Contract Documents
shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein,
and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon
the application of either party, the Contract Documents shall forthwith be physically amended to make such
insertion.
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ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
SC -4.01.
Add a new paragraph immediately after Paragraph 4.01.A of the General Conditions which is to read as
follows:
1. If all lands and rights -of -way are not obtained as herein contemplated before construction begins,
CONTRACTOR shall begin the Work upon such land and rights -of -way as OWNER has previously acquired.
SC -4.05.
Add a new paragraph immediately after Paragraph 4.05.A of the General Conditions which is to read as
follows:
B. ENGINEER may check the lines, elevations, reference marks, batter boards, etc., set by
CONTRACTOR, and CONTRACTOR shall correct any errors disclosed by such check. Such a check shall
not be considered as approval of CONTRACTOR's work and shall not relieve CONTRACTOR of the
responsibility for accurate construction of the entire Work. CONTRACTOR shall furnish personnel to assist
ENGINEER in checking lines and grades.
ARTICLE 5 - BONDS AND INSURANCE
Additional insurance requirements for this project are presented in Section 00840.
SC -5.04.
The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide
coverage for not less than the following amounts or greater where required by law:
5.04.A.1 and 5.04.A.2. Workers' Compensation
(1) Worker's Compensation Statutory
(2) Employer's Liability $1,000,000
5.04.A.3, 5.04.A.4, and 5.04.A.5. Comprehensive General Liability including Premise/Operations; Explosion,
Collapse and Underground Property Damage; Products /Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
(1) Bodily Injury:
(2) Property Damage:
(3) Personal Injury, with employment
exclusion deleted.
5.04.A.6. Comprehensive Automobile Liability including all owned (private and others), hired and non -owned
vehicles:
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$1,000,000 Each Occurrence
51,000,000 Annual Aggregate
$1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
$1,000,000 Annual Aggregate
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SC -5.05.
(1) Bodily Injury $1,000,000 Each Person
. $1,000,000 Each Accident
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9'
(2) Property Damage $1,000,000 Each Occurrence
SC -5.04.
Add a new paragraph immediately after Paragraph 5.04.B.7 of the General Conditions which is to read as
follows:
8. CONTRACTOR may purchase and maintain excess liability insurance in the umbrella form in order to
satisfy the limits of liability required for the insurance to be purchased and maintained in accordance with
Paragraph 5.04. Evidence of such excess liability shall be delivered to OWNER in accordance with Paragraph
2.05 in the form of a certificate indicating the policy numbers and limits of liability of all underlying insurance.
The umbrella liability insurance shall have a combined single limit of not less than $5,000,000.
Delete Paragraph 5.05.A of the General Conditions in its entirety and insert the following in its place:
A. CONTRACTOR shall purchase and maintain a separate Owner's Protective Liability policy, issued to
OWNER at the expense of CONTRACTOR, including OWNER and ENGINEER as named insured. This
insurance shall provide coverage for not Less than the following amounts:
5.05.A.1 Bodily Injury $1,000,000 Each Occurrence
5.05.A.2 Property Damage $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
SC -5.06.
Delete Paragraph 5.06.A of the General Conditions in its entirety.
SC -5.06.
Delete Paragraph 5.06.B of the General Conditions in its entirety.
SC -5.06.
Delete Paragraph 5.06.0 of the General Conditions in its entirety.
SC -5.06.
Delete Paragraph 5.06.D of the General Conditions in its entirety.
SC -5.06.
Delete Paragraph 5.06.E of the General Conditions in its entirety.
SC -5.07.
Delete Paragraph 5.07.A of the General Conditions in its entirety.
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SC -5.08.
Delete Paragraph 5.08.A of the General Conditions in its entirety.
SC -5.08.
Delete Paragraph 5.08.B of the General Conditions in its entirety.
SC -5.09.
Delete Paragraph 5.09.A of the General Conditions in its entirety and insert the following in its place:
A. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to
be purchased and maintained by CONTRACTOR in accordance with this Article 5 on the basis of its not
complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten
days of the date of delivery of such certificates to OWNER in accordance with Paragraph 2.05.
CONTRACTOR will provide such additional information in respect of insurance provided by CONTRACTOR
as OWNER may reasonably request.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC - 6.02.
Add a new paragraph immediately after Paragraph 6.02.B of the General Conditions which is to read as
follows:
C. Regular working hours are defined as Monday through Friday, excluding holidays, between the hours of
7:00 AM and 6:00 PM, unless defined otherwise in Section 01010. Requests to work other than regular
working hours shall be submitted in writing to the ENGINEER not less than 48 hours prior to any proposed
weekend work or scheduled extended work weeks.
D. CONTRACTOR shall reimburse the OWNER for additional engineering and/or inspection costs incurred
as a result of overtime work in excess of the regular working hours stipulated in Article SC- 6.02.C. At
Owner's option, overtime costs may either be deducted from the CONTRACTOR's monthly payment request or
deducted from the CONTRACTOR's retention prior to release of final payment. Overtime costs for the
OWNER's personnel shall be based on the individual's current overtime wage rate. Overtime costs for
personnel employed by the ENGINEER or OWNER's independent testing laboratory shall be calculated in
accordance with the terms of their respective contracts with the OWNER.
SC -6.03.
Add the following new paragraphs immediately after Paragraph 6.03.B of the General Conditions.
C. This Agreement is subject to the applicable provisions of the Contract Work Hours and Safety Standards
Act, Public Law 87 -581, 87th Congress. No Contractor or Subcontractor contracting for any part of the Work
shall require or permit any laborer or mechanic to be employed on the Work in excess of forty hours in any
work week unless such laborer or mechanic receives compensation at a rate not less than one and one -half
times that person's basic rate of pay for all hours worked in excess of forty hours in such work week.
D. CONTRACTOR shall employ only competent persons to do the work and whenever OWNER shall notify
CONTRACTOR, in writing, that any person on the Work appears to be incompetent, disorderly, or otherwise
unsatisfactory, such person shall be removed from the Project and shall not again be employed on it except
with the consent of OWNER.
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E. CONTRACTOR and Subcontractors shall, insofar as practicable, give preference in the hiring of workers
for the Project to qualified local residents with first preference being given to citizens of the United States who
have served in the armed forces of the United States and have been honorably discharged therefrom or released
from active duty therein.
SC -6.06.
Delete Paragraphs 6.06.A and 6.06.B of the General Conditions in their entirety and insert therefor the
following:
A. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, (including
those who are to furnish the principal items of materials or equipment), whether initially or as a substitute,
against whom OWNER may have reasonable objection. Acceptance of any Subcontractor, other person or
organization by OWNER shall not constitute a waiver of any right of OWNER to reject defective Work.
CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against
whom CONTRACTOR has reasonable objection.
B. Not Used.
SC -6.06.
Add a new sentence at the end of Paragraph 6.06.E to read as follows:
OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or other person or organization, to
the extent practicable, information about amounts paid on their behalf to CONTRACTOR in accordance with
CONTRACTOR's Applications for Payment.
SC -6.10.
Add the following language at the end of Paragraph 6.10 of the General Conditions:
Exemption from State Sales Tax may be obtained on construction materials. The OWNER is an organization
which qualifies for exemption pursuant to the provisions of Article 20.04(F) of the Texas Limited Sales, Excise
and Use Tax Act. In accordance with House Bill 11, the CONTRACTORperfomung this Work may purchase
materials, supplies, or equipment consumed in the performance of this Work by issuing to his Supplier an
exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling
No. 95 -0.07. Any such exemption certificate issued by the CONTRACTOR in lieu of the tax shall be subject
to the provisions of the State Comptroller's ruling No. 95 -0.09 as amended to be effective October 2, 1968. An
exemption certificate may be obtained from the OWNER's Purchasing Agent.
SC -6.19
Add a new paragraph immediately after Paragraph 6.19.B.8 of the General Conditions which is to read as
follows:
C. The Contractor represents and warrants that all materials, products, equipment, electrical and electronic
components, items and systems, hardware, software and customized programing provided under this Contract
(Materials) shall be Year 2000 (Y2K) Compliant as defined in Paragraph 1.01A.52. A certificate of
compliance indicating that the Materials are Y2K Compliant shall be provided to the ENGINEER as part of the
shop drawing submittal and prior to shipping any such Materials to the site. The certificate shall be provided
by the supplier, vendor, or subcontractor providing the Materials.
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SC -6.20.
Add two new sentences at the end of Paragraph 6.20.A.2 to read as follows:
If through the acts of neglect on the part of CONTRACTOR, any other Contractor or any Subcontractor shall
suffer loss or damage on the Work, CONTRACTOR shall settle with such other Contractor or Subcontractor
by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or
Subcontractor shall assert any claim against OWNER on account of any damage alleged to have been
sustained, OWNER shall notify CONTRACTOR, who shall indemnify and save harmless OWNER against
any such claims.
SC -6.20
Add a new paragraph immediately after Paragraph 6.20.C.2 of the General Conditions which is to read as
follows:
D. Contractor agrees to indemnify, defend and hold harmless the OWNER, ENGINEER and ENGINEER's
Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors
of each and any of them from and against any and all losses, costs, expenses, claims obligations, and liabilities
of every name and nature, including with limitation, court costs and reasonable attomey's fees, incurred by the
OWNER, ENGINEER and ENGINEER's Consultants arising from or in connection with or resulting from, any
failure of the CONTRACTOR to comply with the Y2K Compliance Warranty required in 6.19.C. above.
ARTICLE 7. OTHER WORK
SC -7.03.
Add a new paragraph immediately after Paragraph 7.02 in the General Conditions which is to read as follows:
7.03 Should CONTRACTOR cause damage to the work or property of any separate contractor at the site, or
should any claim arising out of CONTRACTOR's performance of the Work at the site be made by any separate
contractor against CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultants, the Construction
Coordinator or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor
by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, ENGINEER's
Consultants and the Construction Coordinator harmless from and against all claims, damages, losses and
expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals, and
court and arbitration or mediation costs) arising directly, indirectly or consequentially out of any action, legal
or equitable, brought by any separate contractor against OWNER, ENGINEER, ENGINEER's Consultants or
the Construction Coordinator to the extent based on a claim arising out of CONTRACTOR'S performance of
the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should
the performance of work by any separate contractor at the site give rise to any other claim, CONTRACTOR
shall not institute any action, legal or equitable, against OWNER, ENGINEER, ENGINEER's Consultants or
the Construction Coordinator or permit any action against any of them to be maintained and continued in its
name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover
damages from OWNER, ENGINEER, ENGINEER's Consultants or the Construction Coordinator on account
of any such damage or claim. If CONTRACTOR is delayed at any time in performing or fumishing Work by
any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the
extent of any adjustment in Contract Times attributable thereto, CONTRACTOR may make a claim for an
extension of times in accordance with Article 12. An extension of the Contract Times shall be
CONTRACTOR'S exclusive remedy with respect to OWNER, ENGINEER, ENGINEER's Consultants and
Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate
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contractor. This paragraph does not prevent recovery from OWNER, ENGINEER, ENGINEER'S Consultant
or Construction Coordinator for activities that are theirrespective responsibilities.
ARTICLE 8. OWNER'S RESPONSIBILITIES
SC -8.06.
Delete Paragraph 8.06 of the General Conditions in its entirety.
SC - 8.11.
Add a new paragraph after Paragraph 8.11.A which is to read as follows:
On request of CONTRACTOR prior to the execution of any Change Order involving a significant increase in
the Contract Price, OWNER shall furnish to CONTRACTOR responsible evidence that adequate financial
arrangements have been made by OWNER to enable OWNER to fulfill the increased financial obligations to
be undertaken by OWNER as a result of such Change Order.
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
SC - 9.03.
Add a new paragraph immediately after Paragraph 9.03.A of the General Conditions which is to read as
follows:
B. ENGINEER will conduct periodic visits to observe the performance of Work. ENGINEER will not
furnish a Resident Project Representative. OWNER will provide one of their employees to serve as project
representative during construction.
ARTICLE 11- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
SC 11.01.
Delete the second sentence in Paragraph 11.01.A.1, of the General Conditions in its entirety and replace with
the following:
Such employees shall include foremen at the site.
Add a new paragraph immediately after Paragraph 11.01.A.1, of the General Conditions which is to read as
follows:
a. CONTRACTOR shall establish, as required by the OWNER, the Direct Labor Cost percentage. This
percentage, where approved by OWNER, will be used in the determination of the Direct Labor Cost listed in
the Change Order Form. The Direct Labor Costs are defined to include social security contributions,
unemployment, excise and payroll taxes, workers' and workmen's compensation, health and retirement benefits,
sick leave, vacation and holiday pay, and cost of premiums for all additional insurance required because of
changes in the Work.
SC- 11.02.
Delete Paragraphs 11.02.A and 11.02.B of the General Conditions in their entirety.
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SC- 11.03.
Delete Paragraph 11.03.0 in its entirety and replace with the following:
C. The unit price of an item of Unit Price Work shall be subject to re- evaluation and adjustment under the
following conditions:
1. if the total cost of a particular item of Unit Price Work amounts to 5 percent or more of the Contract Price
and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by
more than 15 percent from the estimated quantity of such item indicated in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of Work; and
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if
OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either
OWNER or CONTRACTOR may make a claim for an adjustment in the Unit Price for that quantity by which
the actual quantity exceeds 115% or is Less than 85% of the estimated quantity in accordance with Article
10.05 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Pnce Work
performed.
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
SC- 12.01.
Delete Paragraph 12.01.C.1 of the General Conditions in its entirety.
In the third line of Paragraph 12.01.C.2.b, before the semicolon add the following words "based on
subcontractor's Cost of the Work ".
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
SC- 13.05.
Add a new paragraph immediately after Paragraph 13.05.A of the General Conditions to read as follows:
1. If OWNER stops Work under Paragraph 13.05.A, CONTRACTOR shall be entitled to no extension of
Contract Time or increase in Contract Price.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
SC- 14.02.
Add a new paragraph immediately after Paragraph 14.02.A.3 of the General Conditions which is to read as
follows:
4. CONTRACTOR shall fumish evidence that payment received on the basis of materials and equipment not
incorporated and suitably stored, has in fact been paid to the respective supplier(s) within sixty days of
payment by OWNER. Failure to provide such evidence of payment may result in the withdrawal of previous
approval(s) and removal of the cost of related materials and equipment from the next submitted Application for
Payment.
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SC- 14.02.
Add four new paragraphs immediately after Paragraph'14.'02.C.1 of the General Conditions which are to read
as follows:
2. Should CONTRACTOR neglect to pay any undisputed claims, made in writing to OWNER within thirty
days after completion of the Work, but continuing unsatisfied for a period of ninety days, OWNER may pay
such claim and deduct the amount thereof from the balance due CONTRACTOR. OWNER may also, with the
written consent of CONTRACTOR, use any monies retained, due, or to become due under this Contract for the
purpose of paying for both labor and materials for the Work, for which claims have not been filed.
3. Security is provided both by the Payment Bond and the power of OWNER to retain any monies for claims,
but payment by one shall in no way impair or discharge the liability of the other.
4. Any and all liens for work and materials may be paid off by OWNER within a reasonable time after filing
for record in accordance with State and local laws, a notice of such liens except where the claim on which the
lien is filed is being litigated by CONTRACTOR, and in such case OWNER may pay the amount of any final
judgment or decree or any such claim within a reasonable time after such final judgment or decree shall be
rendered.
5. All monies paid by OWNER in settlement of liens as aforesaid, with the costs and expenses incurred by
OWNER in connection therewith, shall be charged to CONTRACTOR, shall bear interest at the rate of three
percentage points above the rediscount rate then charged by the Federal Reserve Bank, and shall be deducted
from the next payment due CONTRACTOR under the terms of this Contract.
SC- 14.03.
Add two new paragraphs immediately after Paragraph 14.03.A of the General Conditions which are to read as
follows:
B. No materials or supplies for the Work shall be purchased by CONTRACTOR or Subcontractor subject to
any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by
the seller. CONTRACTOR warrants that CONTRACTOR has good title to all materials and supplies used by
CONTRACTOR in the Work, free from all liens, claims or encumbrances.
C. CONTRACTOR shall indemnify and save OWNER harmless from all claims growing out of the lawful
demands of Subcontractors, laborers, workmen, mechanics, materialmen, and fumishers of machinery and
parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of
the performance of this Contract. CONTRACTOR shall at OWNER's request, furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged, or waived.
If CONTRACTOR fails to do so, then OWNER may, after having served written notice on the said
CONTRACTOR either pay unpaid bills, of which OWNER has wntten notice, direct, or withhold from the
CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such
lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon
payment to CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event
shall the provisions of this sentence be construed to impose any obligations upon OWNER to either
CONTRACTOR or CONTRACTOR's Surety. In paying any unpaid bills of the CONTRACTOR, OWNER
shall be deemed the agent of CONTRACTOR and any payment so made by OWNER, shall be considered as
payment made under the Contract by OWNER to CONTRACTOR and OWNER shall not be liable to
CONTRACTOR for any such payment made in good faith.
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City of Round Rock
Relocate Two 30-Inch Raw Waterlines
SC- 14.07.
Delete Paragraph 14.07.B.1 of the General Conditions in its entirety and insert the following in its place:
1. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment and accompanying documentation - all as required
by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have been fulfilled, ENGINEER will indicate in writing
ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon
ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to
the provisions of Paragraph 14.09. Otherwise, ENGINEER will return the Application to CONTRACTOR,
indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Application. If the Application and accompanying
documentation are appropriate as to form and substance, within sixty-five days after receipt thereof, OWNER
shall pay CONTRACTOR the amount recommended by ENGINEER.
SC- 14.07.
Add a new paragraph immediately after Paragraph 14.07.0 of the General Conditions which is to read as
follows:
D. Final payment will be reduced by the amount of excessive costs of pipe. Excessive costs are defined as the
inspection costs incurred by OWNER for that amount of pipe which exceeds 125 percent of the aggregate
length of each type and/or size installed.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
SC- 15.02.
Add a new phrase immediately after Paragraph 15.02.A.4 of the General Conditions which is to read as
follows:
5. if CONTRACTOR abandons the Work, or sublets this Contract or any part thereof, without the previous
written consent of OWNER, or if the Contract or any claim thereunder shall be assigned by CONTRACTOR
otherwise than as herein specified;
ARTICLE 16 - DISPUTE RESOLUTION
SC -16.01
Add a new sentence at the end of Paragraph 16.01.A of the General Conditions which is to read as follows:
CONTRACTOR shall carry on the Work and maintain the progress schedule during the dispute resolution
proceedings, unless otherwise agreed by CONTRACTOR and OWNER in writing.
ARTICLE 17 - MISCELLANEOUS
SC- 17.05.
Add a new paragraph immediately after Paragraph 17.05 of the General Conditions which is to read as follows:
17.06. Addresses
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City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
A. Both the address given in the Bid Form upon which this Agreement is founded, and CONTRACTOR'S
office at or near the site of the Work are hereby designated as places to either of which notices, letters, and
other communications to CONTRACTOR shall be certified, mailed, or delivered. The delivering at the above
named place, or depositing in a postpaid wrapper directed to the first -named place, in any post office box
regularly maintained by the post office department, of any notice, letter or other communication to Contractor
shall be deemed sufficient service thereof upon CONTRACTOR; and the date of said service shall be the date
of such delivery or mailing. The first -named address may be changed at any time by an instrument in writing,
executed and acknowledged by CONTRACTOR, and delivered to OWNER and ENGINEER. Nothing herein
contained shall be deemed to preclude or render inoperative the service of any notice, letter, or other
communication upon CONTRACTOR personally.
Add the following new paragraphs immediately after Paragraph 17.06 of the Supplementary Conditions:
17.07. Wage Rates:
A. The requirements and provisions of all applicable laws and any amendments thereof or additions thereto as
to the employment of labor, and to the schedule of minimum wage rates established in compliance with laws
shall be a part of these Contract Documents. Copies of the wage schedules are attached. If, after the Notice of
Award, it becomes necessary to employ any person in a trade or occupation not classified in the wage
determinations, such person shall be paid at not less than such rates as shall be determined by the officials
administenng the laws mentioned above. Such approved minimum rate shall be retroactive to the time of the
initial employment of such person in such trade or occupation. CONTRACTOR shall notify OWNER of
CONTRACTOR's intention to employ persons in trades or occupations not classified in sufficient time for
OWNER to obtain approved rates for such trades or occupations.
B. The schedules of wages referred to above are minimum rates only, and OWNER will not consider any
claims for additional compensation made by CONTRACTOR because of payment by CONTRACTOR of any
wage rate in excess of the applicable rate contained in these Contract Documents. All disputes in regard to the
payment of wages in excess of these specified in the schedules shall be resolved by CONTRACTOR.
C. The said schedules of wages shall continue to be the minimum rates to be paid during the life of this
Agreement and a legible copy of said schedules shall be kept posted in a conspicuous place at the site of the
work.
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END OF SECTION
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WAIS Document Retrieval
GENERAL DECISION TX020043 03/01/02 TX43
General Decision Number TX020043
Superseded General Decision No. TX010043
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE wILx.xAMso
BRAZOS HAYS
COMAL MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction
Projects (does not include building structures in rest area
projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT
PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND
WILLIAMSON COUNTIES.
Modification Number Publication Date
0 03/01/2002
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE 1ILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
SUTX2042A 03/26/1998
Rates
AIR TOOL OPERATOR 8.08
ASPHALT HEATER OPERATOR 11.00
ASPHALT RAKER 8.00
ASPHALT SHOVELER 7.97
HATCHING PLANT WEIGHER 11.00
CARPENTER 10.80
CONCRETE FINISHER- PAVING 9.57
CONCRETE FINISHER- STRUCTURES 8.83
CONCRETE RUBBER 8.52
ELECTRICIAN 16.25
FLAGGER 6.86
FORM BUILDER - STRUCTURES 8.77
FORM LINER - PAVING & CURB 8.00
FORM SETTER-PAVING & CURB 8.68
FORM SETTER - STRUCTURES 8.73
LABORER - COMMON 7.12
LABORER-UTILITY 7.99
MECHANIC 12.15
OILER 11.40
SERVICER 8.44
PAINTER - STRUCTURES 10.00
PIPE LAYER 8.27
ASPHALT DISTRIBUTOR OPERATOR 9.70
ASPHALT PAVING MACHINE 9.26
BROOM OR SWEEPER OPERATOR 7.12
BULLDOZER 9.28
Fringes
WAIS Document Aemevai
CONCRETE CURING MACHINE 7.79
CONCRETE FINISHING MACHINE 11.00
CONCRETE PAVING SAW 9
SLIPFORM MACHINE OPERATOR 11.15
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 10.12
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 15.00
FRONT END LOADER 8.86
HOIST - DOUBLE DRUM 8 LESS 10.81
MIXER 7.12
MIXER - CONCRETE PAVING 11.00
MOTOR GRADER FINE GRADE 12.37
MOTOR GRADER 11.14
PAVEMENT MARKING MACHINE 8.31
PLANER OPERATOR 15.75
ROLLER, STEEL WHEEL PLANT-MIX
PAVEMENTS 7.73
ROLLER, STEEL WHEEL OTHER
FLATWMEEL OR TAMPING 7.33
ROLLER, PNEUMATIC, SELF PROPELLED 7.17
SCRAPERS 8.38
TRACTOR - CRAWLER TYPE 9.40
TRAVELING MIXER • 7.92
TRENCHING MACHINE, HEAVY 9.92
WAGON- DRILL /BORING MACHINE 8.00
REINFORCING STEEL SETTER PAVING 14.50
REINFORCING STEEL SETTER
STRUCTURES 10.61
STEEL WORKER - STRUCTURAL 11.73
SPREADER BOX OPERATOR 8.55
WORK ZONE BARRICADE 8
SIGN INSTALLER 7 .9 7
TRUCK DRIVER-SINGLE AXLE LIGHT 8.32
TRUCK DRIVER - SINGLE AXLE HEAVY 7.954
TRUCK oRIVER- TANDEM AXLE SEMI-
TRAILER B.02
TRUCK DRIVER - LOWBOY /FLOAT 10.12
WELDER 11.02
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v)) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Ras there been an initial decision in the matters This can
be:
* an existing published wage determination
* a survey underlying a wage determination
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* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification._and,rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
O.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
O. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
THIS PAGE LEFT BLANK INTENTIONALLY
Work Item
Liquidated Damages for Each Calendar
Day that Expires After the Completion
Time Specified in the Agreement
Substantial Completion of the Relocation of 30 -Inch DIP Raw Waterline
at Locations "A" and "C"
$500.00
Substantial Completion of the Relocation of 30 -Inch SCCP Raw Waterline
at Location "B"
$400.00
Project Complete and Ready for Final Payment
$500.00
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8077 -36854
City of Round Rock
Relocate Two 30 - Inch Raw Waterlines
SECTION 01 - INFORMATION
01 -01 DOCUMENT CONFLICT RESOLUTION
The Special Conditions as presented in this Section 00840 are the City of Round Rock standards. Any
conflict between the requirements of this section and any other plan or specification requirement shall
be resolved in favor of this Section 00840.
01 -02 ENGINEER
01 -03 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
A4320S00840 doc
SECTION 00840
SPECIAL CONDITIONS
The word "Engineer" in these Specifications shall be understood as referring to the City of Round
Rock, 221 East Main Street, Round Rock, Texas 78664, or Camp Dresser & McKee Inc. (Engineer),
or the Engineer's authorized representative to act in any particular position for the Owner.
The Agreement will be prepared in not less than five (5) counterpart (original signed) sets. Owner
will furnish Contractor six (6) sets of conforming Contract Documents and Specifications and six (6)
sets of Plans free of charge, and additional sets will be obtained from the Engineer at commercial
reproduction rates plus 20% for handling.
01 - GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be governed by any
existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as
set forth by the Owner.
01 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the definite value of
damages which would result from delay would be incapable of ascertainment and uncertain, so that for
each day of delay beyond the number days of herein agreed upon for the completion of the work
herein specified and contracted for, after due allowance for such extension of time as is provided for
under the provisions of Article 12 of the General Conditions, the Owner may withhold permanently
from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of the
following:
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01 -06 LOCATION
The location of work shall be as mentioned in the Invitation to Bid and as indicated on Plans.
01 -07 USAGE OF WATER
A4326S00840 doo
All water used during construction shall be provided by the City. The City shall specify the location
from which the Contractor is to procure water. The Contractor shall be responsible for providing all
apparatus necessary for procuring, storing, transporting and using water during construction. The
Contractor shall strive to use that amount of water which is reasonable to perform the work associated
with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay
for all water used if it is found that unnecessary or excessive waste is occurring during construction.
01-08 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or before the time specified
in Article 14 of the General Conditions, then the pay estimate will not be processed and will be
returned to Contractor.
SECTION 02 - SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility
to make arrangements with the Owners of such utility companies to uncover their particular utility
lines or otherwise confirm their location. Certain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor will cause such work to be done at his
own expense.
02 - 02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while performing the work
associated with this contract. No additional payment will be made for this item.
02 - 03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is in conformance with the
plans and specifications included in this contract for the period that the Maintenance Bond, as outlined
in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall
repair defects in all construction or materials which develop during the specified period and at no cost
to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in
Contract Documents relieves the Contractor of above guarantee. Notice of observed defects will be
given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to
repair or replace same and recover reasonable cost thereof from Contractor.
02 - 04 MINIMUM WAGE SCALE
Minimum wage scale shall be as specified in the Supplementary Conditions and in accordance with
State of Texas and Federal Govemment regulations.
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Relocate Two 30 -Inch Raw Waterlines
02 -05 LIMIT OF FINANCIAL RESOURCES
A4326S00840 doc
The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be
understood by all bidders that the Owner may be required to change and/or delete any items which he
may feel is necessary to accomplish all or part of the scope of work within its limit of financial
resources. Contractor shall be entitled to no claim for damages for anticipated profits on any portion
of work that may be omitted or deleted. At any time during the duration of this contract, the Owner
reserves the right to omit any work from this contract. Unit prices for all items previously approved in
this contract shall be used to delete or add work per change order.
02 -06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review the quality of materials and workmanship.
02 -07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this Contract, so
authorized by the Owner, as descnbed in the contract documents and technical specifications. All
items of work not specifically paid for in the bid proposal shall be included in the lump sum price bid.
Any question arising as to the limits of work shall be left up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Payment will be made for work completed in accordance with monthly estimate procedure stipulated
in the General Conditions of the Agreement. Contractor must provide evidence for the value of
materials on hand, and may be required to demonstrate the payment of suppliers per Article 14.2 of
the Supplementary Conditions.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the working drawings
during the course of the Project as they occur. Upon completion of the Project and prior to final
acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings,
dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all
changes and revisions outlined above and that shows field locations of all above ground appurtenances
including but not limited to valves, fire hydrants and manholes. These as-built drawings shall become
the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances
measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves.
Property pins can be used for as-built tie -ins provided no existing utilities as previously described are
available. Costs for delivering as-built drawings shall be subsidiary to other bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to be done, right -of -way for
access to same and such other lands which are designated for use of Contractor. Contractor provides,
at his expense and without liability to Owner, any additional land and access thereto that may be
required for his construction operations, temporary construction facilities, or for storage of materials.
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Relocate Two 30 -Inch Raw Waterlines
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of
proposed improvements the Contractor shall immediately notify the Engineer, who without
unnecessary delay, will determine if existing utilities are to be relocated, or grade and alignment of
proposed improvements changed. Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner
of the utility to be moved and have it moved. The costs of any utility relocations will be at the
Contractor's sole expense. Owner will not be liable for relocation costs or damages on account of
delays due to changes made by owners of privately owned utilities which hinder progress of the work.
SECTION 03 - TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times. When it becomes
necessary to restrict access, the Contractor shall notify all applicable agencies (i.e. Fire Department,
E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public.
The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for
traffic control. A bid item is provided to cover the cost of traffic control on the project.
SECTION 04 - MAINTENANCE BOND
A4326S00840 doc
A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the contract price
will be required for all improvements and shall be submitted prior to final payment. Such bonds shall
be from an approved surety company holding a permit from the State of Texas to act as surety (and
acceptable according to the latest list of companies holding certificates of authority from the Secretary
of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final
payment.
SECTION 05 - INSURANCE
Article 5 of the General Conditions and applicable sections of the Supplementary Conditions are
hereby amended to include the following:
Workers' Compensation Insurance
Definitions:
Certificate of coverage ( "certificate') - A copy of a certificate of insurance, a certificate of
authonty to self - insure issued by the Texas Workers' Compensation Commission, or a coverage
agreement (TWCC -81, TWCC -83, or TWCC -84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until
the contractor's /person's work on the project has been completed and accepted by the govern-
mental entity.
Persons providing services on the project ( "subcontractor" in § 406.096) - includes all persons
or entities performing all or part of the services the Contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the Contractor and regardless
of whether that person has employees. This includes, without limitation, independent
00840 -4
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City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other services related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for
the duration of the project. This coverage shall include the following terms:
(a) Employer's Liability limits of $1,000,000.00 for each accident is required.
(b)
A4326S00840 doc
"Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04 shall be
included in this policy.
(c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain
the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA,
WV and WY.
The Contractor must provide a certificate of coverage to the govemmental entity prior to being
awarded the contract.
If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the govemmental entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the govemmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration of the project and for
one year thereafter.
The Contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 calendar days after the Contractor knew or should have known, or any change that
materially affects the provision of coverage of any person providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
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A4326S00840 doc
The Contractor shall contractually require each person with whom it contracts to provide services on a
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b)
provide to the Contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the Contractor, pnor to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
calendar days after the person knew or should have known, of any change that matenally affects
the provision of coverage of any person providing services on the project; and
contractually require each person with whom it contracts, to perform as required by paragraphs
(a){g), with the certificates of coverage to be provided to the person for whom they are
providing services.
(g)
By signing this contract, or providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who will
provide services on the project will be covered by workers' compensation coverage for the duration of
the project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self - insured, with the Commission's Division of Self- Insurance Regulation. Providing false
or misleading information may subject the Contractor to administrative penalties, cnminal penalties,
civil penalties, or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor that entitles the governmental entity to declare the contract void if the Contractor does not
remedy the breach within ten calendar days after receipt of notice of breach from the govemmental
entity.
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Relocate Two 30 -Inch Raw Waterlines
Insurance
Contractor shall carry insurance in the following types and amounts for the duration of this Contract,
which shall include items owned by Owner in care, custody and control of Contractor prior and during
construction and warranty period, and fumish Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence thereof:
(a) Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence and
$1,000,000 Aggregate.
(b)
(c)
A4326S00640 doc
Automobile Liability Insurance for all owned, unowned and hired vehicles with minimum limits
for Bodily Injury of $1,000,000 for each person and $1,000,000 for each occurrence and
Property Damage limits of $1,000,000.
On all new or remodeling building projects: All Risk Builders Risk Insurance for insurable
building projects shall be insured in the amount of the contract price for such improvements.
Owner and Contractor waive all rights against each other for damages caused by fire or other
perils to the extent covered by Builders Risk Insurance required under this section, except as to
such rights as they may have in the proceeds of such insurance. Contractor shall require similar
waivers by Subcontractors and Sub - subcontractors.
(d) Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the
life of this contract and until all work under said contract has been completed and accepted by
the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the
Owner's agents and employees with the same Commercial General Liability coverage as
described above, entitled "Commercial General Liability Insurance."
When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts
sufficient to protect property being transported or stored.
This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub -
subcontractors in the work, as their respective interest may appear.
If insurance policies are not written for amount specified in b. and c. above, Contractor is required to
carry an Excess Liability Insurance Policy for any difference in amounts specified.
Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies.
Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or
self insured retentions shall be disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he has obtained required
insurance and until such insurance has been reviewed by Owner's Contract Administration Office.
Contractor shall not allow any Subcontractors to commence work until insurance required has been
obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of
Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of Texas at the time policy is
issued and acceptable to owner.
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Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional
insured (except Workers' Compensation and Builders Risk).
2. That obligates the insurance company to notify Chnstme Martinez, City Secretary, City of
Round Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes to policy
30 days prior to change.
3. That the "other" insurance clause shall not apply to Owner where City of Round Rock is an
additional insured shown on policy. It is intended that policies required in this agreement,
covering both Owner and Contractor, shall be considered pnmary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during term
of this Contract or as required in the Contract.
If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident
with, the date of this Contract and the Certificate of Insurance shall state that coverage is for claims
made and also the retroactive date. Contractor shall maintain coverage for duration of this Contract
and for two years following completion of this Contract.
Contractor shall provide the City annually a Certificate of Insurance as evidence of such insurance. It
is further agreed that Contractor shall provide Owner a 30 day notice of aggregate erosion, in advance
of the retroactive date, cancellation and/or renewal.
It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended
Reporting Period (ERP) premium shall be paid by Contractor.
Owner reserves the right to review insurance requirements of this section dunng effective penod of
the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed
necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims
history of the industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to receive copies of policies and all
endorsements thereto and may make any reasonable requests for deletion or revision or modification
of particular policy terms, conditions, limitations or exclusions, except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the underwriter on any of
such policies.
Actual losses not covered by insurance as required by the section shall be paid by Contractor.
END OF SECTION
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PART 1: GENERAL
1.01 SCOPE OF WORK
A0326S01005.0oc
SECTION 01005
ABBREVIATIONS
A. Whenever in these Contract Documents the following abbreviations are used, the intent and meaning
shall be interpreted as follows:
AA Aluminum Association
AAMA Architectural Aluminum Manufacturers' Association
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AFBMA Anti - Friction Bearing Manufacturers' Association
AGA American Gas Association
AGMA American Gear Manufacturers' Association
MSC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Conditioning Association
ANSI American National Standards Institute
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineering Association
ASAE American Society of Agricultural Engineers
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air - Conditioning Engineers, Inc.
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWPB American Wood Preservers' Bureau
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders' Hardware Manufacturers' Association
CBMA Certified Ballast Manufacturers' Association
CDA Copper Development Association
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers' Association of America
CRSI Concrete Reinforcing Steel Institute
Fed. Spec. Federal Specifications
HI Hydraulic Institute
HMI Hoist Manufacturers' Institute
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers, Inc.
IPCEA Insulated Power Cable Engineer's Association
MMA Monorail Manufacturers' Association
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NACE National Association of Coatings Engineers
NBMA National Builders' Hardware Association
NEC National Electrical Code
NEMA National Electrical Manufacturers' Association
NESC National Electric Safety Code
NFPA National Fire Protection Association
NLMA National Lumber Manufacturers' Association
NWMA National Woodwork Manufacturers' Association
OECI Overhead Electrical Crane Institute
OSHA Occupational Safety and Health Act (both Federal & State)
PS Product Standards Sections - U.S. Department of Commerce
RMA Rubber Manufacturers' Association
SAE Society of Automotive Engineers
SSPC Steel Structures Painting Council
TCA Tile Council of America
TEMA Tubular Exchanger Manufacturers' Association
UBC Uniform Building Code
UL Underwriter's Laboratories, Inc.
WWPA Western Wood Products Association
END OF SECTION
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PART 1: GENERAL
SECTION 01010
SUMMARY OF WORK
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. The primary Work of this Project consists of the relocation of two 30" raw water pipelines at three
separate locations. Each proposed location shall include steel casing to accommodate the future
road crossmgs. The raw water line for the City of Round Rock, Texas, conveys water from Lake
Georgetown to the Round Rock Water Treatment Plant.
B. The Work in this project includes the following major items:
1. Two 30" diameter raw water lines at three future road crossings; the three pipeline relocations
are all on the west side of IH 35, north of SH 29, north of Middle San Gabriel River and near
the new intersection of DB Woods and Cedar Breaks.
2. Steel casings, piping connections to existing lines, and miscellaneous appurtenances.
C. The Contractor shall fumish all labor, materials, equipment, tools, and incidentals and construct the
Work complete, ready for use as shown on the Drawings and as described in the Specifications.
D. It is the intent of the Contract Documents to provide the Owner with complete, operable systems.
Any part or item of work which is reasonably implied or normally required to make an installation
satisfactorily completely operable shall be provided/performed by the Contractor. All
miscellaneous appurtenances and other items that are incidental to meeting the intent of the
Contract Documents shall be included in the Work even though these appurtenances and items may
not be specifically called for in the Contract Documents.
1.02 CONTRACT
A. Construct the Work under a Unit Price contract. Measurement and payment is descnbed in Section
01025.
1.03 OCCUPANCY
A. As soon as the water line is ready for use, the Owner shall have the right to operate the system upon
written notice to the Contractor by the Owner. The Owner will issue a Certificate of Substantial
Completion for the work m accordance with Article 14.10 of the General Conditions. Contractor's
One Year Maintenance guarantee period for workmanship and materials will begin upon issuance
of Certificate of Substantial Completion.
B. Testing of pipelines and appurtenances as specified hereinafter shall not constitute acceptance or
completion.
C. The execution of the bonds shall be understood to demonstrate the consent of the surety.
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D. The Contractor shall at all times conduct his operations to ensure the least inconvenience to the
general public.
1.04 SCHEDULE OF CONSTRUCTION
A. Work Sequence. The Contractor's work shall be planned and conducted in the following prioritized
sequence in a manner that will ensure the completion in accordance with the Agreement's Time of
Completion.
1. Contractor shall coordinate all work with the roadway contractor prior to construction of the
two 30 -inch raw waterline relocations for all three locations. The roadway contractor shall not
be impeded by the construction of the waterlines.
2. Construct Location 'A' and 'C' relocations, which are the two ductile iron pipe relocations.
3. Construct Location 'B' which is the SCCP relocation.
B. The Contractor shall develop a schedule of work prior to beginning construction for review and
approval by the Owner and Engineer. The schedule, which shall recognize the intent of the Work
Sequence outlined in Paragraph 1.04.A above, shall be closely followed throughout the duration of
the project. The schedule shall be submitted for approval prior to start of construction and no
partial payments will be made until the Owner has approved the schedule. The schedule shall be
updated monthly if requested by the Owner.
C. The Contractor shall schedule and organize his work and labor, supplies, materials, equipment and
other resources as necessary to complete the work (Item 1 of Paragraph 1.04.A Work Sequence)
within the time periods specified in paragraph 1.04.A above and in the Supplemental Conditions
and the Agreement. The Contractor shall work simultaneously on the major items listed in
paragraph 1.04.A if necessary to meet the Agreement's Time of Completion.
D. Coordination with Other Contractors. It is expected that Williamson County will have a roadway
project underway concurrently with this project, along the west side of IH -35 running north and
south between FM 2338 and Middle San Gabriel River. In general, the Williamson County project
centerline will be located about sixty feet within the existing right -of -way. The City of Round
Rock Contractor shall coordinate his schedule with the Williamson County Roadway Contractor for
site access, working area and other factors that could impact the Round Rock project. Plans for the
Williamson County project are available for review at the Williamson County Engineering Office,
telephone 512 930 - 3330) or at Camp Dresser & McKee (contact Mr. William T. Reynolds,
telephone 512- 346 - 1100).
1.05 CONTRACTOR'S USE OF PREMISES
A. Contractor shall limit his use of the premises for Work and for storage to the areas at the site as
approved by the Owner.
B. Coordinate use of premises under direction of Engineer.
C. Assume full responsibility for the protection and safekeeping of Products under this Contract stored
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on the Site.
D. Move any stored Products, under Contractor's control,'which interfere with operations of the Owner
or other contractors.
E. Obtain and pay for the use of additional storage or work areas needed for operations.
' F. Any damage to existing facilities, including contamination, which may be caused by Contractor's
personnel, callers, visitors, materials or equipment, shall be repaired or corrected at the sole
expense of the Contractor.
G. No alcoholic beverages or drugs shall be permitted on the Site at any time.
' 1.06 RECORD DOCUMENTS
A. The Contractor shall keep one set of "Record Drawings" and specifications available on the job at
all times. This set of documents shall be clearly marked as such and shall be used only for
1 recording changes, elevations, and other data pertinent to the construction operation for use in
preparing fmal "Record Drawing" documents. All changes, etc., shall be clearly marked in red
pencil.
' B. These documents shall be kept current at all times. Monthly Progress Payment applications will not
be processed for payment if "Record Drawings" are not up-to-date.
C. Reference paragraph 6.19 of General Conditions.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
1
END OF SECTION
1
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PART 1: GENERAL
1.01 WORK PROGRESS
A. The Contractor shall furnish personnel and equipment which will be efficient, appropriate and large
enough to secure a satisfactory quality of work and a rate of progress which will ensure the
completion of the work within the time stipulated in the Agreement. If at any time such personnel
or equipment appears to the Engineer to be inefficient, inappropriate or insufficient for secunng the
quality of work required or for producing the rate of progress aforesaid, he may order the
Contractor to increase the efficiency, change the character or increase the personnel and equipment,
and the Contractor shall conform to such order. Failure of the Engineer to give such order shall in
no way relieve the Contractor of his obligations to secure the quality of the work and rate of
progress required.
1.02 RELATED REQUIREMENTS
A. Section 01510: Temporary Utilities
B. Section 01560: Temporary Controls
1.03 PRIVATE LAND
1.05 OPEN EXCAVATIONS
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SECTION 01015
CONTROL OF WORK
A. The Contractor shall not enter or occupy private land outside of acquired rights -of -way or
easements, except by written permission of the Owner.
1.04 WORK LOCATIONS
A. Work shall be located substantially as indicated on the Drawings, but the Engineer reserves the
right to make such modifications in locations as may be found desirable to avoid interference with
existing structures or utilities or for other reasons. Where fittings are noted on the Drawings, such
notation is for the Contractor's convenience and does not relieve him from laying and jointing
different or additional items where required to make a complete working system.
A. All open excavations shall be adequately safeguarded by providing temporary barricades, caution
signs, lights and other means to prevent accidents to persons and damage to property. The
Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for
accommodating travel by pedestrians and workmen. Bridges provided for access during
construction shall be removed when no longer required. The length or size of excavation will be
controlled by the particular surrounding conditions, but shall always be confined to the limits
prescribed by the Engineer. If the excavation becomes a hazard, or if it excessively restricts traffic
at any point, the Engineer may require special construction procedures such as limiting the length
of open trench, prohibiting stacking of excavated material in the street, and requiring that the trench
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shall not remain open ovemight.
B. The Contractor shall take precautions to prevent injury to the public due to open trenches. All
trenches, excavated material, equipment, or other obstacles which could be dangerous to the public
shall be protected with barricades having flashing waming lights at all times when appropriate to
ensure safety and when construction is not in progress.
C. The Contractor shall take appropriate measures to prevent any surface flow from entering any open
excavation at any time, including flow from any defined water course or overland flow during or
following a rainfall event or storm.
1.06 TEST PITS
A. Test pits for the purpose of locating underground utilities or structures in advance of the
construction shall be excavated and backfilled by the Contractor. Test pits shall be backfilled
immediately after their purpose has been satisfied and the surface restored and maintained in a
manner satisfactory to the Engineer.
1.07 DISTRIBUTION SYSTEMS AND SERVICES
A. The Contractor shall not interrupt water, sewer, gas, telephone, cable TV, or other utility services
without the written permission of the utility owner.
B. If it appears that utility service will be interrupted for an extended period, the Engineer may order
the Contractor to provide temporary service lines. Inconvenience to the users shall be minimized,
consistent with existing conditions. The safety and integrity of the system is of prime importance in
scheduling work.
C. The Contractor shall not move, cut, or relocate private utilities (gas, electric, telephone, cable TV,
etc.) without the written permission of the appropriate utility company.
1.08 PROTECTION AND RELOCATION OF EXISTING STRUCTURES AND UTILITIES
A. The Contractor shall assume full responsibility for the protection of all buildings, structures, and
utilities, public or private, including poles, signs, services to building utilities, in the street, gas
pipes, water pipes, hydrants, sewers, drains, and electric and telephone cables, whether or not they
are shown on the Drawings. The Contractor shall carefully support and protect all such structures
and utilities from injury of any kind. Any damage resulting from the Contractor's operation shall be
repaired by him at his expense, or in the case of private utilities, repaired by that utility at the
Contractor's expense.
B. The Contractor shall bear full responsibility for obtaining locations of all underground structures
and utilities. Services to buildings shall be maintained, and all costs or charges resulting from
damage thereto shall be paid by the Contractor.
C. Protection and temporary removal and replacement of existing utilities and structures as described
in this Section shall be a part of the work under the Contract and all costs in connection therewith
shall be included in the unit prices established in the Bid.
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D. If, in the opinion of the Engineer, permanent relocation of a utility owned by Owner is required, he
may direct the Contractor in writing, to perform the work. Work so ordered will be paid for at the
Contract unit prices, if applicable, or as extra work under Article 10 of the General Conditions. If
relocation of a privately owned utility is required, the Owner will notify the Utility to perform the
work as expeditiously as possible. The Contractor shall fully cooperate with the Owner and Utility
and shall have no claim for delay due to such relocation. The Contractor shall notify public utility
companies in writing at least 48 hours (excluding Saturdays, Sundays, and legal holidays) before
excavating near their utilities.
1.09 MAINTENANCE OF TRAFFIC
A. Unless permission to close a street is received in writing from the proper authority, all excavated
material shall be placed so that vehicular and pedestrian traffic may be maintained at all times. If
the Contractor's operations cause traffic hazards, he shall repair the road surface, provide temporary
ways, erect wheel guards or fences, or take other measures for safety satisfactory to the proper
authority.
B. Detours around construction will be subject to the approval of the Owner and the Engineer. Where
detours are permitted the Contractor shall provide all necessary barricades and signs as required to
divert the flow of traffic. While traffic is detoured the Contractor shall expedite construction
operations and periods when traffic is being detoured will be strictly controlled by the Owner.
C. The Contractor shall take precautions to prevent injury to the public due to open trenches and
boring pits. Night watchmen may be required where special hazards exist, or police protection
provided for traffic while work is in progress. The Contractor shall be fully responsible for damage
or injuries whether or not police protection has been provided.
1.10 CARE AND PROTECTION OF PROPERTY
A. The Contractor shall be responsible for the preservation of all public and private property, and shall
use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done
to public or pnvate property by or on account of any act, omission, neglect, or misconduct in the
execution of the Work on the part of the Contractor, such property shall be restored by the
Contractor, at his expense, to a condition similar or equal to that existing before the damage was
done, or he shall make good the damage in other manner acceptable to the Engineer.
B. All sidewalks which are disturbed by the Contractor's operations shall be restored to their original
or better condition by the use of similar or comparable materials. All curbing shall be restored to a
condition equal to or better than the original construction and in accordance with the best modem
practice.
C. Along the location of this Work all fences, walks, bushes, trees, shrubbery, and other physical
features shall be protected and restored to a condition equal to or better than the original
construction and in accordance with the best modem practice.
D. Trees close to the work shall be boxed or otherwise protected against injury. The Contractor shall
trim all branches that are liable to damage because of his operations, but in no case shall any tree be
cut or removed without prior notification of the Engineer. All injuries to bark, trunk, limbs, and
roots of trees shall be repaired by dressing, cutting, and painting according to approved methods,
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using only approved tools and matenals.
E. The protection, removal, and replacement of existing physical features along the line of work shall
be a part of the work under the Contract, and all costs in connection therewith shall be included in
the unit and/or lump sum prices established under the items in the Bid Form.
1.11 MAINTENANCE OF FLOW
A. The Contractor shall at his own cost, provide for the flow of sewers, drains and water courses
interrupted during the progress of the Work, and shall immediately cart away and remove all
offensive matter. The entire procedure of maintaining existing flow shall be fully discussed with
the Engineer well in advance of the interruption of any flow. Restoration of water and/or sewer
service, temporarily or accidentally disrupted, shall have priority over all other work. Such service
shall be restored immediately.
B. Contractor shall provide sufficient personnel to assist in proper notification to all customers
affected by temporary water shut -off.
C. All spillage and offensive matter to be removed from the site and disposed of by the Contractor
shall be taken to waste treatment plant facilities, landfills, or other suitable facilities acceptable to
the Engineer and the facility owner and in compliance with all applicable regulations.
1.12 DISPOSAL OF EXCESS EXCAVATED AND OTHER WASTE MATERIALS
A. All excess material (suitable or unsuitable) and all vegetation, trash, debris, etc., from the
excavation shall be disposed of off -site at a location approved by the Owner.
B. Unacceptable disposal sites include, but are not limited to, sites within a wetland or critical habitat,
designated 100 -year floodplains, and sites where disposal will have a detrimental effect on surface
water or groundwater quality or restrict the flows of such waters.
C. The Contractor shall make his own arrangements for disposal subject to submission of proof to the
Owner that the owner(s) of the proposed site(s) have a valid fill permit issued by the appropriate
governmental agency and submission of a haul route plan including a map of the proposed route(s).
D. The Contractor shall provide watertight conveyance of any liquid, semi- liquid, or saturated solids
which tend to bleed or leak during transport. No liquid loss from transported materials will be
permitted whether being delivered to the construction site or being hauled away for disposal. Fluid
materials hauled for disposal must be specifically acceptable at the selected disposal site.
E. The Contractor shall comply with all necessary permits, licenses, and authorizations regarding the
removal, transport and disposal of sludge as are required by all applicable Federal, State and local
laws and regulations.
F. The Owner may suspend operations of the Contractor, at its discretion, for alleged non - compliance
with Texas Natural Resource Conservation Commission or Environmental Protection Agency
regulations.
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1.13 PROTECTION OF AIR QUALITY
A. Air pollution shall be minimized by wetting down bare soils during windy periods, or as requested
by Engineer by requiring the use of properly operating combustion emission control devices on
construction vehicles and equipment used by Contractors, and by encouraging the shutdown of
motorized equipment not actually in use.
B. Trash burning will not be permitted on the construction site without the Owner's approval.
C. If temporary heating devices are necessary for protection of the work, such devices shall be of a
type that will not cause pollution of the air.
1.14 USE OF CHEMICALS
A. All chemicals used during project construction or furnished for project operation, whether
herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval
of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture or other
applicable regulatory agency. Use of all such chemicals and disposal of residues shall be in
conformance with the manufacturer's instructions.
1.15 NOISE AND DUST CONTROL
A. The Contractor shall so conduct his operations that they will not annoy the residents in the vicinity
of the work, and shall comply with all applicable local ordinances. Compressors, hoists, and other
apparatus shall be equipped with such mechanical devices as may be necessary to minimize noise
and dust. Compressors shall be equipped with silencers on intake lines. All gasoline or oil
operated equipment shall be equipped with silencers or mufflers on intake and exhaust lines.
Storage bins and hoppers shall be lined with material that will deaden the sounds if directed by
Engineer. The operation of dumping rock and of carrying rock away in trucks shall be so
conducted as to cause a minimum of noise and dust. Vehicles carrying rock, concrete, or other
material shall be routed over such streets as will cause the least annoyance to the public and shall
not be operated on public streets between the hours of 7 p.m. and 7 a.m. or on Saturdays, Sundays
or legal holidays unless approved by the Owner.
B. All unpaved streets, roads, detours, or haul roads used in the construction area shall be given an
approved dust - preventive treatment or periodically watered to prevent dust as directed by the
Engineer. Applicable environmental regulations for dust prevention shall be strictly enforced. -
1.16 NIGHTTIME, WEEK END AND HOLIDAY WORK
A. If the Contractor desires to perform any work between the hours of 7 p.m. and 7 a.m. or on
Saturdays, Sundays or legal holidays, he shall request permission from the Owner in writing at least
two weeks before the intended start of such work. The Contractor shall acquire any necessary
permits associated with such work and comply with all permit conditions and all laws and
ordinances relating thereto.
B. The Contractor shall reimburse the Owner for additional costs incurred as a result of providing
additional inspection personnel when the Contractor performs nighttime, week end or legal holiday
work. The hourly rate for additional inspection services provided by the Owner under this
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Paragraph 1.16 will be $50.00.
1.17 CLEANUP
A. During the course of the Work, the Contractor shall keep the site of his operations in as clean and
neat a condition as is possible. He shall dispose of all residue resulting from the construction work
and, at the conclusion of the work, he shall remove and haul away any surplus excavation, broken
pavement, lumber, equipment, temporary structures, vegetation and any other refuse remaining
from the construction operations, and shall leave the entire site of the Work in a neat and orderly
condition.
1.18 CONTRACTOR'S QUALITY CONTROL
A. All material shall be new and of the specified quality and equal to the accepted samples, if samples
have been submitted. All work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission from these Contract Documents; and it shall be the duty of the
Contractor to call the Engineer's attention to apparent errors or omissions and request instructions
before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and
supply omissions, which instructions shall be as binding upon the Contractor as though contained in
the original Contract Documents.
B. At the option of the Engineer, materials to be supplied under this Contract will be tested and/or
inspected either at their place of origin or at the site of the work. The Contractor shall give the
Engineer written notification well in advance of actual readiness of materials to be tested and/or
inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be
construed as a final acceptance of the material nor shall it preclude retesting or reinspection at the
site of the work.
C. Matenal which will require testing and inspection at the place of origin shall not be shipped prior to
such testing and inspection.
1.19 WORK IN WILLIAMSON COUNTY RIGHT -OF -WAY
A. The Contractor shall conform with all requirements of the Williamson County Road Department.
B. Coordination of Work with Williamson County Roadway Contractor
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1. If any portion of related roadway is under construction, the Contractor shall not enter within
the right -of -way without first consulting the roadway contractor and malting necessary
arrangements to coordinate installation of his facilities with roadway construction.
2. All work relative to installation of the facilities shall be conducted in such manner as not to
interfere in any way with operations of the roadway contractor.
3. The above requirements with respect to coordination of work with roadway contractors shall
likewise apply to work being done by county forces.
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C. Changes in Location of Proposed Utilities
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1. No changes shall be made in approved location of utilities within limits of County right -of-
way.
D. Inspection by Williamson County Engineer's Office Representatives
1. Work performed within the County right -of -way shall be subject to such inspection and tests as
may be deemed necessary by the County Engineer's office to verify that work is being done in
accordance with county requirements. All supervisory personnel shall furnish such information
and cooperation as may be required to perform such inspection.
E. Incorrect Location of Utilities
1. Any pipe incorrectly located dunng construction to conflict with any roadway structure shall
be removed and laid in proper location at the entire expense of the Contractor.
F. Protection of Roadway Facilities During Installation of Line
1. All construction operations relative to installation of the pipeline shall be conducted in such
manner as to protect roadway facilities from damage at all times.
G. Use of Explosives
1. No explosives shall be used on this project.
H. Protection of Trees Within County Right -of -Way
1. All construction operations relative to installation of utilities shall be conducted in such
manner as to protect trees from damage at all times.
I Cleanup, Repair and Revegetation
1. Excess material from trench excavation shall be removed from County right -of -way and job
site cleaned up and left in satisfactory condition.
2. Any existing riprap cut by trenching operations shall be replaced and surface of new nprap
finished to match that of existing nprap. Concrete riprap shall contain no less than five sacks
of cement per cubic yard of concrete. Reinforcing steel shall conform to that of existing
riprap.
3. Slopes of roadway cuts, embankments, and right -of -way damaged by any operations relating
to installation of utility shall be repaired and restored to the exact contour existing prior to
initiation of the utility project. All earth placed in the restoration of slopes, etc., shall be
compacted to a density equal to or greater than that of the original slope.
J. Work at D.B. Wood Road
1. The Contractor will be allowed to detour traffic from the outside lane during normal work
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hours. Detours shall be conducted in accordance with the Specifications and the Texas
Manual of Uniform Traffic Control Devices. Contractor shall coordinate all detour traffic
with the roadway contractor, such that the road construction is not impeded.
2. Excavations shall be backfilled and closed when work is not in progress.
3. Excavations less than 16 feet from an active traveling lane shall be protected with temporary
guardrails.
4. Track equipment will not be allowed to operate on paved surfaces unless plywood or other
approved protective material is placed between the tracks and the pavement.
5. Material from trench excavation must be discharged to the right -of -way side of the trench, not
toward the roadway. Paved surfaces must be swept clean at the end of each work day.
6. The Contractor shall secure temporary easements or stockpile pipe along D.B. Wood Road,
such that the pipe location does not hinder road construction.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
01015 -8
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PART 1: GENERAL
1.01 APPROVAL OF MATERIALS
SECTION 01016
CONTROL OF MATERIALS
A. Unless otherwise specified, only new matenals and equipment shall be incorporated into the Work.
All materials and equipment famished by the Contractor shall be subject to the inspection and
approval of the Engineer. No material shall be delivered to the work without prior approval of the
Engineer.
B. As specified in Section 01300, the Contractor shall submit to the Engineer, data relating to
materials and equipment he proposes to furnish for the Work. Such data shall be in sufficient detail
to enable the Engineer to identify the particular product and to form an opinion as to its conformity
to the Specifications.
C. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by
the Contractor. If the Engineer requires, either prior to beginning or during the progress of the
Work, the Contractor shall submit additional samples or materials for such special tests as may be
necessary to demonstrate that they conform to the Specifications. Such samples shall be furnished,
stored, packed, and shipped as directed at the Contractor's expense. Payment for these tests will be
made by the Owner or Contractor as specified in Section 01410.
D. Any delay of approval resulting from the Contractor's failure to submit samples or data promptly
shall not be used as the basis for a claim against the Owner or the Engineer.
E. In order to demonstrate the proficiency of workmen or to facilitate the choice among several
textures, types, finishes, and surfaces, the Contractor shall provide such samples of workmanship or
finish as may be required.
F. The matenals and equipment used on the work shall correspond to the approved samples or other
data.
1.02 HANDLING AND STORAGE OF MATERIALS
A. All materials and equipment to be incorporated into the Work shall be handled and stored by the
Contractor in a manner to prevent warping, twisting, bending, breaking, chipping, rusting, and any
injury, theft or damage of any kind whatsoever to the material or equipment.
B. Cement, sand and lime shall be stored under a roof and off the ground, and shall be kept completely
dry at all times. All structural, miscellaneous, and reinforcing steel shall be stored off the ground to
prevent accumulations of dirt or grease, and in a position to avoid accumulations of standing water
and to minimize rusting. Beams shall be stored with the webs vertical. Precast concrete shall be
handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping
or cracking. Brick, block and similar masonry products shall be handled and stored in a manner to
reduce breakage, chipping, cracking, and spalling to a minimum.
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C. All mechanical equipment subject to corrosive damage from exposure shall be stored in a building.
The building may be a temporary structure on the site or elsewhere, but it must be satisfactory to
the Engineer.
D. All materials which, in the opinion of the Engineer, have become so damaged as to be unfit for the
use intended or specified shall be promptly removed from the site of the Work, and the Contractor
shall receive no compensation for the damaged material or its removal.
E. All pipe and other materials delivered to the job shall be unloaded and placed in a manner which
will not hamper the normal operation of the Work or interfere with the flow of traffic.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
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END OF SECTION
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SECTION 01025
MEASUREMENT AND PAYMENT
PART 1: GENERAL
1.01 BID FORM
1 A. The Bid Form is a part of these Contract Documents and lists each item of work for which payment
will be made. No payment will be made for items other than those listed in the Bid Form.
1 B. Required items of work and incidentals necessary for the satisfactory completion of the Project which
are not specifically listed in the Bid Form, and which are not specified in this Section to be measured
' or to be included in one of the items listed in the Bid Form shall be considered as incidental to the
work required under this contract, and all costs thereof, including Contractor's overhead costs and
profit, shall be considered as included in the prices bid for the various Bid Items. The Contractor shall
' prepare his bid accordingly.
C. Work includes furnishing all plant, labor, equipment, tools and materials, and performing all
1 operations required to complete the work satisfactorily, in place, as specified and as indicated on the
Drawings.
' 1.02 MEASUREMENT AND PAYMENT
A. Measurement of an item of work will be by the unit indicated in the Bid Form.
B. Measurement will include all necessary and incidental related work not specified to be included in any
other item of work listed in the Bid Form.
I C. Unless otherwise stated in individual sections of the specifications or in the Bid Form no separate
payment will be made for any item of work, materials, parts, equipment, supplies, or related items
required to perform and complete the requirements of any section. The costs for all such items
1 required shall be included in the Contract price bid for item of which it is a part.
D. Payment will be made at the Contract price per unit indicated in the Bid Form with total price of the
I Contract being equal to the Total Bid, as specified and as modified, by extending unit prices
multiplied by quantities, as appropriate to reflect actual work included in the Project. Such pnce and
payment shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment,
I tools, and materials, and for performing all operations required to fumish to the Owner the entire
Project, complete in place, as specified and as indicated on the Drawings.
I E. Measurement for payment does not signify acceptance of Work.
F. Quantities shown in the Bid Form are approximate quantities only. Payment will be made only for
I measured quantities actually installed and accepted by Owner.
G. Measurements, such as linear feet, will be to the nearest whole unit.
1
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H. Some individual technical specification sections may contain measurement and/or payment provisions
that may or may not be consistent with this Section 01025 and the Bid Form in Section 00120. In all
cases, Section 01025 and the Bid Form will take precedence over the technical specifications with
regard to measurement and payment.
Where estimated quantities are shown for lump sum payment items, such quantities are provided for
the Contractor's information only. The Engineer is not responsible for the accuracy of such informa-
tion and the Contractor shall perform his own calculations to verify such quantities. No adjustment
will be made in the price due to real or alleged errors in the estimated quantities.
1.03 BID ITEMS
A. Insurance and Bonds (Bid Item No. 1)
B. Trench Safety System (Bid Item No. 2)
C. Right -of- Way /Site Preparation (Bid Item No. 3)
A4326501025 don
1. These items include the cost of Contractor's insurance; Performance, Payment and Maintenance
Bonds; construction office, sanitary facilities; telephone, electricity, gas, water and other utility
services; and all other move -in and demobilization related expenses.
2. These items will be measured for payment as a lump sum.
1. Work under these items include furnishing all labor, materials, and equipment and performing all
operations to plan, design, construct, install, maintain, monitor, modify as necessary, and remove
upon completion, a Trench Safety System for trenches more than five feet deep, as shown on the
Drawings and as specified. These items also include the cost of obtaining soil borings and the
associated geotechnical analyses and the preparation of a Trench Safety Plan by a Registered
Professional Engineer. These items do not include the typical work ordinarily required for installing
pipe without regard to the safety requirements contained in Section 01665 (e.g., excavation,
dewatering, pipe installation, embedment, backfill, etc.).
2. The measurement for payment for Trench Safety System will be the actual number of linear feet of
system (Trench Box or Shoring, Sheeting and Bracing, regardless of type) installed in trenches
greater than five feet deep.
1. Work under these items include furnishing all labor, materials and equipment and performing all
operations necessary to prepare the right - of - way /site for trench excavation and installation of casmg,
pipe and other required items. These items include grading the construction area as the Contractor
deems necessary for his work; removing and properly disposing of all trees, shrubbery, bushes,
stumps, and other vegetation; removing and properly disposing of all trash, rubble, concrete and
other debris; removal and proper disposal of all excess excavated material; removal and
replacement of concrete riprap, and similar work; furnishing and installing stabilized construction
entrances if necessary; removal and replacement of fences if necessary; reviewing the need for and
obtaining a Stormwater Pollution Prevention Plan; and final leveling/grading the site to leave It m a
condition acceptable to the Owner.
2. These items will be measured for payment as a lump sum.
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D. Furnish and Install Pipe in Trench (Bid Item Nos. 4 and 4A)
1. Work under these items include, bufshall not be 'Muted to, furnishing, transporting, and installing
all pipe, fittings and materials; joints and jointing materials including: bonding, welding, grout,
mortar, O- Rings, gaskets, bolts, nuts, and other miscellaneous items as required to construct the
specified pipe joint; interior and exterior coatings and wrappings; polyethylene and other wrapping;
excavation, including exploratory excavation constructing the specified bedding, including the
furnishing, placing, and compaction of bedding material, sand, gravel and rock as required for
bedding; restrained joints; bends; thrust block; pipe end treatments; backfilling, including the
furnishing of any additional suitable backfill material that maybe required; pavement replacement,
and resurfacing, except where specific pavement items are listed in the Bid Form; restoration of
ground surface to its original condition; trench supporting; trench dewatering; care and diversion of
drainage courses; protection and adjusting of above ground and underground utilities and service
connections; temporary sheet piling, wood or steel; wood lagging and/or steel soldier beams; trench
boxes; lateral connections of either new or existing pipe to new pipe; installing plugs in the ends of
lines for future connections; removal and disposal of existing lines designated to be removed or
found to be in the way of the proposed work; disposal of excess and unsuitable excavated material
and damaged materials; pressure and leakage testing; mandrel deflection testing; inspection; tracer
wire and test stations; temporary pumping facilities or other facilities necessary for the temporary
diversion of surface or groundwater flows, and all other related and necessary materials, work and
equipment required to construct a completely operable water line in accordance with the Drawings
and Specifications.
2. The measurement for payment for each specific size or type of pipe, except segments as may be
otherwise provided for in the Bid Form, will be the actual number of linear feet of pipe installed,
complete in place, measured along the centerline of the pipe, including fittings, for all depths.
3. No separate measurement or payment will be made for trench safety systems installed or used in
trenches less than five feet deep.
E. Furnish and Install Pipe in New Casing (Bid Item Nos.5 and 5A)
1. Work under this item includes, but shall not be limited to, furnishing and installing all pipe, fittings
and materials, joints and jointing materials in new steel casings including: bonding, welding, grout,
mortar, O- Rings, gaskets, bolts, nuts, and other miscellaneous items required to construct the pipe
joint; furnishing and installing casing spacers for the carrier pipe; interior and exterior coatings and
wrappings; casing end closures; pressure and leakage testing; mandrel deflection testing; jacking or
pushing pipe as necessary; and all other work necessary to install the raw waterline pipe in the
casing as specified and shown on the Drawings.
2. The measurement for payment for each specific size or type of pipe to be installed in a casing will
be the same length as the casing in which the pipe is installed.
3. Payment will be made in accordance with the unit price for the applicable item in the Bid Form.
4. This item does not include the furnishing and installation of casings.
F. Fumish and Install Concrete Pipe Encasement, Pipe Crossing Cradle and Collars (Bid Item Nos.12 -14)
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3. Measurement will be made per each for concrete pipe crossing cradles and pipe collars per the Bid
Form.
4. Payment will be made at the rate shown in the Bid Form for each particular item.
G. Loaming and Hydroseeding (Bid Item No. 15)
H. Steel Casing in Open Trench (Bid Item No. 11)
I. Connect to Existing Pipelines (Bid Item Nos. 6 -8)
A4326501025 dm
1. Work under these items includes, but is not limited to, all excavation and backliill; fumishing and
installing all reinforcing steel and concrete; installing and removing all forms; and all other
operations necessary to provide concrete encasements and concrete pipe crossing cradle as shown
on the Drawings and specified.
2. Measurement will be made to the nearest whole linear foot for concrete pipe encasement.
1. Work under these items include, but shall not be limited to, fumishing and applying all items
pertaining to the hydroseeding process. These items also include maintaining the new grass as
specified only outside of the row.
2. These items will be measured for payment as a lump sum per the Bid Fonn.
1. Work under this item Includes, but shall not be limited to, furnishing, transporting, and installing
steel casing, including: excavation, including exploratory excavation; constructing the specified
bedding, including the famishing, placing, and compaction of bedding material, sand, gravel and
rock as required for bedding; backfilling, including the furnishing of any additional suitable backfill
material that may be required; pavement replacement and resurfacing, except where specific
pavement items are listed in the Bid Form; restoration of ground surface to its original condition;
trench supporting; trench dewatenng; care and diversion of drainage courses; protection and
adjusting of above ground and underground utilities and service connections; temporary sheet
piling, wood or steel; wood lagging and/or steel soldierbeatns; trench boxes; disposal of excess and
unsuitable excavated material and damaged materials; inspection; temporary pumping facilities or
other facilities necessary for the temporary diversion of surface or groundwater flows, and all other
related and necessary materials, work and equipment required to install a steel casing in open trench
in accordance with the Drawings and Specifications.
2. The measurement for payment for each specific size of casing will be the actual number of linear
feet of steel casing installed, complete in place, measured along the centerline of the casing for all
depths.
3. No separate measurement or payment will be made for trench safety systems installed or used in
trenches less than five feet deep.
1. Work under these items includes, but is not limited to connecting to existing ductile iron pipe (DIP)
and steel cylinder concrete (SCCP) raw waterlines where shown on Drawings.
2. Each pipeline connection will be counted and payment made according to the Bid Form..
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J. Furnish and Install Mechanical Piping Valves (Bid Item Nos. 9 and 10)
1. Work under this item includes, but shall not be limited to, furnishing and installing all combination
air relief valves, flushing valves, valves, fittings, gages, pipe supports and joint restraint, and all
associated items necessary to make a complete and fully operable system as specified and shown on
the Drawings.
2. This item includes submittals, fabrication and manufacturing, transportation, mstallation, shop and
field testing, surface preparation and painting, etc.
3. Measurement will be made per each for these items, per the Bid Form.
K. Fumish and Install Pipeline Markers (Bid Item No. 16)
A4326S01025 doo
1. Work under this item includes, but shall not be limited to, fumishing and installing all pipeline
marker signs, including all steel sign components, welds and sign painting as specified in the
drawings.
2. Each pipeline maker will be counted and payment made according to the Bid Form.
L. SAMCO Leak Detection to famish all equipment necessary to perform acoustic testing of the installed
pipe. This is an allowance. All related insurance, bonds, general and administrative cost and other
miscellaneous costs, overhead and profit associated with this item shall be included in other items of the
Bid. The 4 -inch PVC pipe installed for performing the testing to be included in other items of the Bid.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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PART 1: GENERAL
1.01 DESCRIPTION OF REQUIREMENTS
A. This Section specifies the general methods and requirements of submissions applicable to the
following work - related submittals: Shop Drawings, Product Data, Samples, Mock Ups, and
Construction or Submittal Schedules. Detailed submittal requirements will be specified in the
technical specifications sections.
B. All submittals shall be clearly identified by reference to Specification Section, Paragraph, Drawing
No. or Detail as applicable. Submittals shall be clear and legible and of sufficient size for sufficient
presentation of data.
1.02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES
A. Shop Drawings
1. Shop drawings, as defined in the Agreement, and as specified in individual work Sections
include, but are not necessarily limited to, custom - prepared data such as fabrication and
erection/installation (working) drawings, scheduled information, setting diagrams, actual
shopwork manufacturing instructions, custom templates, special wiring diagrams, coordination
drawings, individual system or equipment inspection and test reports including performance
curves and certifications, as applicable to the Work.
2. All shop drawings submitted by subcontractors for approval shall be sent directly to the
Contractor for checking. The Contractor shall be responsible for their submission at the proper
time so as to prevent delays in delivery of materials.
3. The Contractor shall check all subcontractor's shop drawings regarding measurements, size of
members, matenals, and details to satisfy himself that they conform to the intent of the Drawings
and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned
to the subcontractors for correction before submission thereof.
B. Product Data
A4326501300 doc
SECTION 01300
SUBMITTALS
4. All details on shop drawings submitted for approval shall show clearly the relation of the vanous
parts to the main members and lines of the structure, and where correct fabrication of the work
depends upon field measurements, such measurements shall be made and noted on the drawings
before being submitted for approval.
1. Product data as specified in individual Sections, include, but are not necessarily limited to,
standard prepared data for manufactured products (sometimes referred to as catalog data), such
as the manufacturer's product specification and installation instructions, availability of colors and
patterns, manufacturer's printed statements of compliances and applicability, roughing -in
diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed
performance curves and operational -range diagrams, production or quality control inspection and
test reports and certifications, mill reports, product operating and maintenance instructions and
recommended spare -parts listing and printed product warranties, as applicable to the Work.
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C. Samples
1. Samples specified in individual Sections, include, but are not necessarily limited to, physical
examples of the work such as sections of manufactured or fabricated work, small cuts or
containers of matenals, complete units of repetitively -used products, color /texture /pattem
swatches and range sets, specimens for coordination of visual effect, graphic symbols and units
of work to be used by the Engineer or Owner for independent inspection and testing, as
applicable to the Work.
1.03 CONTRACTOR'S RESPONSIBILITIES
A. The Contractor shall review shop drawings, product data and samples, including those by
subcontractors, prior to submission to determine and venfy the following:
1. Field measurements
2. Field construction criteria
3. Catalog numbers and similar data
4. Conformance with the Specifications
B. Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the
following Certification Statement including the Contractor's Company name and signed by the
Contractor: "Certification Statement: by this submittal, I hereby represent that I have determined and
verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and
similar data and I have checked and coordinated each item with other applicable approved shop
drawings and all Contract requirements." Shop drawings and product data sheets 11 -in x 7 -in and
smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the
cover sheet. The cover sheet shall fully describe the packaged data and include a listing of all items
within the package. Provide to the Resident Project Representative a copy of each submittal
transmittal sheet for shop drawings, product data and samples at the time of submittal of said
drawings, product data and samples to the Engineer.
C. The Contractor shall utilize a 10- character submittal identification numbering system in the following
manner:
A4326501300 doc
1. The first character shall be a D, S, P, M, or R, which represents Shop/Working Drawing and
other Product Data (D), Sample (S), Preliminary Submittal (P), Operating/Maintenance Manual
(M), or Request for Information (R).
2. The next five digits shall be the applicable Specification Section Number.
3. The next three digits shall be the numbers 001 - 999 to sequentially number each initial separate
item or drawing submitted under each specific Section number.
4. The last character shall be a letter, A -Z, indicating the submission, or resubmission of the same
Drawing (i.e. A =1st submission, B =2nd submission, C =3rd submission, etc.). A typical
submittal number would be as follows:
D- 03300 -008 -B
D = Shop Drawing
03300 = Specification Section for Concrete
008 = The eighth initial submittal under this Specification Section
B = The second submission (first resubmission) of that particular shop drawing
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D. Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the
requirements of the Contract Documents.
E. The review and approval of shop drawings, samples' or product data by the Engineer shall not relieve
the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract.
All risks of error and omission are assumed by the Contractor and the Engineer will have no
responsibility therefor.
F. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any
materials be fabricated or installed prior to the approval or qualified approval of such item.
Fabrication performed, materials purchased or on -site construction accomplished which does not
conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be
liable for any expense or delay due to corrections or remedies required to accomplish conformity.
G. Project work, materials, fabrication, and installation shall conform with approved shop drawings,
applicable samples, and product data.
1.04 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no
delay in the Work or in the work of any other contractor.
B. Each submittal, appropriately coded, will be returned within 14 Calendar Days following receipt of
submittal by the Engineer.
C. Number of submittals required:
1. Shop Drawings as defined in Paragraph 1.02 A: Six copies.
2. Product Data as defined in Paragraph 1.02 B: Three copies.
3. Samples: Submit the number stated in the respective Specification Sections.
D. Submittals shall contain:
1. The date of submission and the dates of any previous submissions.
2. The Project title and number.
3. Contractor identification.
4. The names of:
a. Contractor
b. Supplier
c. Manufacturer
5. Identification of the product, with the specification section number, page and paragraph(s).
6. Field dimensions, clearly identified as such.
7. Relation to adjacent or critical features of the Work or materials.
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8. Applicable standards, such as ASTM or Federal Specification numbers.
9. Appropriately highlighted identification of deviations from Contract Documents.
10. Appropnately highlighted identification of revisions on resubmittals.
11. An 8 -in x 3 -in blank space for Contractor and Engineer stamps.
1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES
A. The review of shop drawings, data, and samples will be for general conformance with the design
concept and Contract Documents. They shall not be construed as:
1. permitting any departure from the Contract requirements;
2. relieving the Contractor of responsibility for any errors, including details, dimensions, and
materials; and/or
3. approving departures from details furnished by the Engineer, except as otherwise provided
herein.
B. The Contractor remains responsible for details and accuracy, for coordinating the work with all other
associated work and trades, for selecting fabrication processes, for techniques of assembly, and for
performing work in a safe manner.
C. If the shop drawings, data or samples as submitted describe variations and show a departure from the
Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as
not to involve a change in Contract Price or time for performance, the Engineer may retum the
reviewed drawings without noting an exception.
D. Submittals will be returned to the Contractor under one of the following codes.
A4326S01300.dot
Code I -
"APPROVED" is assigned when there are no notations or comments on the submittal.
When returned under this code the Contractor may release the equipment and/or
material for manufacture.
Code 2 - "APPROVED AS NOTED ". This code is assigned when a confirmation of the
notations and comments IS NOT required by the Contractor. The Contractor may
release the equipment or material for manufacture; however, all notations and
comments must be incorporated into the final product.
Code 3 - "APPROVED AS NOTED /CONFIRM ". This combination of codes is assigned when
a confirmation of the notations and comments IS required by the Contractor. The
Contractor may release the equipment or matenal for manufacture; however, all
notations and comments must be incorporated into the final product. This confirmation
shall specifically address each omission and nonconforming item that was noted.
Confirmation is to be received by the Engineer within 15 Calendar Days of the date of
the Engineer's transmittal requiring the confirmation.
Code 4 - "APPROVED AS NOTED/RESUBMIT ". This combination of codes is assigned
when notations and comments are extensive enough to require a resubmittal of the
package. The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the final product. This
resubmittal is to address all comments, omissions and non - conforming items that were
noted. Resubmittal is to be received by the Engineer within 15 Calendar Days of the
date of the Engineer's transmittal requiring the resubmittal.
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Code 5 - "NOT APPROVED" is assigned when the submittal does not meet the intent of the
Contract Documents. The'Cdntractot miist resubmit the entire package revised to bring
the submittal into conformance. It may be necessary to resubmit using a different
manufacturer /vendor to meet the Contract Documents.
Code 6 - "COMMENTS ATTACHED" is assigned where there are comments attached to the
returned submittal which provide additional data to aid the Contractor.
Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been
an attachment of additional data.
E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor
shall direct specific attention, in writing on the letter of transmittal and on resubmitted shop drawings
by use of highlighting, revision triangles or other similar methods, to revisions other than the
corrections requested by the Engineer, on previous submissions. Any such revisions which are not
clearly identified shall be made at the risk of the Contractor. The Contractor shall make corrections to
any work done because of this type revision that is not in accordance to the Contract Documents as
may be required by the Engineer.
F. Partial submittals may not be reviewed. The Engineer will be the only judge as to the completeness of
a submittal. Submittals not complete will be returned to the Contractor, and will be considered "Not
Approved" until resubmitted. The Engineer may at his/her option provide a list or mark the submittal
directing the Contractor to the areas that are incomplete.
G. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the
Contract Documents, the Contractor shall give written notice thereof to the Engineer at least seven
working days prior to release for manufacture.
H. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall
carry out the construction in accordance therewith and shall make no further changes therein except
upon written instructions from the Engineer.
1.06 DISTRIBUTION
A. Distribute reproductions of approved shop drawings and copies of approved product data and samples,
where required, to the job site file and elsewhere as directed by the Engineer. Number of copies shall
be as directed by the Engineer, but shall not exceed 6.
1.07 MOCK UPS
A. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete
units of the standard of acceptance for that type of work to be used on the Project. Remove at the
completion of the Work or when directed.
1.08 GENERAL PROCEDURES FOR SUBMITTALS
A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of
performing the related work or other applicable activities, or within the time specified in the individual
work sections of the Specifications, so that the installation will not be delayed by processing times
including disapproval and resubmittal (if required), coordination with other submittals, testing,
purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be
authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the
Work.
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PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
SECTION 01410
TESTING LABORATORY SERVICES
A. Owner will employ and pay for (except as noted in Paragraphs 3 and 4 below and in Paragraph 1.03A)
the services of an Independent Commercial Testing Laboratory to perform specified testing upon the
recommendation of the Engineer.
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1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services.
2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the
Work of the Contract.
3. At the option of the Engineer the source of supply of each of the materials may be accepted by
him before the delivery is started and before such material is used in the work. Representative
preliminary samples of the character and quality prescnbed shall be submitted by the Contractor
or producer of all materials to be used in the work for testing or examination as desired by the
Engineer. Tests to verify quality and acceptability of materials (such as gradation, durability,
hardness, etc.) proposed by the Contractor for use in the work and tests such as concrete and
asphalt mix design shall be paid for by the Contractor.
4. Contractor shall pay directly to the Independent Commercial Testing Laboratory or other
consultant designated by the Owner or Engineer the cost of all retests of materials and work that
previously failed to meet contract requirements and all tests conducted for purposes of
Contractor's convenience.
5. Owner will pay for soil proctor tests and tests of material and workmanship (such as soil density
or gradation tests or concrete cylinders) that meet the specifications.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Inspections and testing required by laws, ordinances, rules, regulations,
orders or approvals of public authorities.
B. Respective Sections of Specifications: Certification of products.
C. Testing Laboratory or other consultant inspection, sampling and testing is required for:
1. Section 02221: Trench Excavation Embedment, Backfill and Encasement.
2. Other sections as noted therein.
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1.03 MILL TESTS
A. The Contractor, at his own expense, shall furnish the Engineer with certified copies (in triplicate) of
all required factory and mill test reports to verify material quality and composition. Any materials
shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and
inspection by the Engineer shall not be incorporated in the work, unless the Engineer shall have
notified the Contractor in writing that such testing and inspection will not be required. The cost of
performing all mill and factory tests shall be paid by the Contractor unless otherwise required by these
Contract Documents.
1.04 LABORATORY DUTIES
A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice.
B. Perform specified inspections, sampling and testing of materials and methods of construction:
1. Comply with specified standards.
2. Ascertain compliance of materials with requirements of Contract Documents.
C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or
products.
D. Promptly submit five copies of written report of each test and inspection to Engineer. Each report
shall include:
A4326S01410,doc
1. Date report issued.
2. Project title, number and Contractor's name.
3. Testing laboratory name, address and telephone number.
4. Name and signature of laboratory inspector.
5. Date and time of sampling or inspection.
6. Record of temperature and weather conditions.
7. Date of laboratory test.
8. Identification of product and specification section.
9. Location of sample or test in the Project.
10. Type of inspection or test and if report is for a retest of material or work that was previously
tested and did not meet specifications.
11. Results of tests and compliance with Contract Documents.
12. Interpretation of test results, when requested by Engineer.
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E. Perform additional tests as required by Engineer or the Owner.
1.05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY
' A. Laboratory is not authorized to:
1. Release, revoke, alter or enlarge on requirements of Contract Documents.
2. Approve or accept any portion of the Work.
3. Perform any duties of the Contractor.
1 1.06 CONTRACTOR'S RESPONSIBILITIES
A. Cooperate with laboratory personnel, provide access to Work, and to Manufacturer's operations.
B. Secure and deliver to the laboratory adequate quantities of representative samples of materials
' proposed to be used and which require testing.
C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, asphalt, and
' other materials and mixes which require control by the testing laboratory.
D. Furnish copies of Products test reports as required.
E. Furnish incidental labor and facilities:
' 1. To provide access to Work to be tested.
2. To obtain and handle samples at the Project site or at the source of the product to be tested.
3. To facilitate inspections and tests.
4. For storage and curing of test samples.
' F. Notify laboratory sufficiently in advance of operations to allow for laboratory assignment of personnel
and scheduling of tests.
1. When tests or inspections cannot be performed after such notice, reimburse Owner for laboratory
personnel and travel expenses incurred due to Contractor's negligence or improper notification.
1 G. Make arrangements with laboratory and pay for additional tnspecttons, sampling, testing and retesting
required:
1. For the Contractor's convenience.
2. When initial tests Indicate Work does not comply with Contract Documents.
1
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PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
END OF SECTION
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PART 1: GENERAL
1.01 REQUIREMENTS INCLUDED
1.03 DUST CONTROL
1.04 SURFACE WATER CONTROL
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SECTION 01560
TEMPORARY CONTROLS
A. Provide and maintain methods, equipment, and temporary construction, as necessary to provide
controls over environmental conditions at the construction site and related areas under Contractor's
control; remove physical evidence of temporary facilities at completion of Work
1.02 RELATED REQUIREMENTS
A. Section 01015: Control of Work
A. Provide positive methods and apply dust control materials to minimize dust from construction
operations, and provide positive means to prevent air -borne dust from dispersing into the
atmosphere, when directed by the Engineer.
A. Provide methods to control surface water to prevent damage to the Project, the site, or adjoining
properties.
I. Control fill, backfilling, grading and ditching to direct surface drainage away from
excavations, pits, tunnels and other construction areas; and to direct drainage to proper runoff
courses.
B. Provide, operate and maintain hydraulic equipment of adequate capacity to control surface water.
1.05 POLLUTION CONTROL
A. Provide methods, means and facilities required to prevent contamination of soil, water or
atmosphere by the discharge of noxious substances from construction operations.
B. Provide equipment and personnel, perform emergency measures required to contain any spillages,
and to remove contaminated soils or liquids.
1. Excavate and dispose of any contaminated earth in an approved off -site facility, and replace
with suitable compacted fill and topsoil.
C. Take special measures to prevent harmful substances from entering public waters.
1. Prevent disposal of wastes, effluents, chemicals, or other such substances in sanitary or storm
sewers or waterways.
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D. Provide systems for control of atmospheric pollutants.
1. Prevent toxic concentrations of chemicals.
2. Prevent harmful dispersal of pollutants into the atmosphere.
PART 2: PRODUCTS (NOT USED)
PART 3: EXECUTION (NOT USED)
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PART 1: GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, and equipment and perform all operations to plan, design, construct,
install, maintain, monitor, modify as necessary, and remove upon completion, a Trench Safety System
as specified herein.
B. The requirements of this Section apply to all trenches which equal or exceed a depth of five (5) feet,
measured from the ground surface at the highest side of the trench to the trench bottom.
C. All applicable and non - conflicting portions of Section 02221 - Trenching, Backfilling and
Compaction apply as appropriate.
1.02 RELATED REQUIREMENTS
A. Section 01015 - Control of Work.
B. Section 02221 — Trench Excavation, Embedment, Backfill and Encasement.
C. Texas Statute: HB 1569, 71st Regular Legislative Session.
D. U.S. Occupational Safety and Health Administration (OSHA) Standards, 29 CFR 1926, Subpart P -
Excavations, latest revision at time of construction Agreement execution.
PART 2: PRODUCTS
2.01 GENERAL
A. All materials and products incorporated into the Trench Safety System shall be suitable for their
intended uses; shall meet all design cnteria and parameters used by the Trench Safety System
designer; and shall meet all applicable requirements of OSHA Standards.
PART 3: EXECUTION
3.01 PROCEDURES
A. At least ten (10) Calendar Days prior to trench excavation or any excavation operations, and not more
than thirty (30) Calendar Days following the execution date of the construction Agreement, Contractor
shall submit a site specific Trench Safety System Conformance Affidavit stating that operations will
be conducted in full conformance with the OSHA Standards.
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SECTION 01665
TRENCH SAFETY REQUIREMENTS
1. The Conformance Letter shall also describe the Trench Safety System techniques proposed to be
used on the project.
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2. Specific references to the applicable OSHA Standards sections shall be included for each
technique to be used.
B. The Trench Safety System Plan shall be in writing site specific and sufficiently detailed and clear to
be understandable and usable by all personnel who will be executing, supervising and witnessing the
trenching operations. A copy of the Trench Safety System Plan shall be available at the site of
trenching operations at all times.
C. If borings and/or detailed geotechnical analyses are required to develop the Trench Safety System
Plan, they shall be executed by the Contractor at his cost.
D. For trenches having depths greater than the various limits given in the OSHA Standards (8, 12 or 20
feet, depending on the techniques used) a site specific protective system shall be designed by a
Registered Professional Engineer experienced in soil mechanics and structural design. The design
shall be signed, sealed and dated by the Professional Engineer, and it shall identify those specific
locations where the design is applicable.
3.02 METHODS OF PROVIDING FOR TRENCH SAFETY
A. Protective systems referenced in this Section shall be as defined and described in 29 CFR 1962.652,
"Requirements for Protective Systems."
B. It is the duty, responsibility and prerogative of the Contractor to determine the specific applicability of
a proposed Trench Safety System for each field condition encountered on the project. Contractor
specifically holds the Owner, Engineer, and any of their designated representatives harmless in any
actions resulting from the failure or inadequacy of the Trench Safety System used to complete the
project.
C. Unless otherwise noted on the drawings or excluded in Paragraph D below, Sloping/Benching, Trench
Shielding with Trench Boxes, and/or Sheeting/Shoring/Bracing protective systems may be used on
this project.
D. Restrictions on the use of the various protective systems for this project are as follows:
1. Sloping or Benching. Not allowed anywhere on this project.
2. Trench Shields/Boxes. No restrictions.
3. Sheeting/Shoring/Bracing. No restrictions.
3.03 INSPECTION DUTIES OF CONTRACTOR
A. Provide a Competent Person, as defined in the OSHA Standards, to make frequent inspections of the
trenching operations and the Trench Safety System in full conformance with the OSHA Standards.
B. If evidence of a possible cave -in or landslide is apparent, all work in the trench shall immediately
cease and not be resumed until all necessary precautions have been taken to safeguard personnel
entering the trench.
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C. In an emergency situation which may threaten or affect the safety or welfare of any persons or
properties, the Contractor shall act at his discretion to prevent possible damage, injury or loss. Any
additional compensation or time extension claimed for such actions shall be considered in view of the
cause of the emergency and in accordance with the General Conditions.
3.04 MEASUREMENT AND PAYMENT
A. Payment for the Trench Safety System shall be on a unit price basis, the unit price being as given in
the Bid Form, and the unit of measure being linear feet of trench without regard to whether specific
trench safety precautions were required or used for the trench reach being measured.
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8077 -36854
City of Round Rock
Relocate Two 30-Inch Raw Waterlines
PART 1: GENERAL
TRENCH EXCAVATION, EMBEDMENT, BACKFILL AND ENCASEMENT
1.01 SCOPE OF WORK
SECTION 02221
A. Furnish all labor, materials, and equipment and perform all operations in connection with the
right -of -way /site preparation, site grading, excavation, trenching, embedment, concrete encasement
and backfilling required to install pipelines as shown on the Drawings and as specified herein.
B. This item includes the removal and replacement or proper disposal of culvert pipes and their concrete
end protection, trees, shrubbery, bushes and other vegetation, stumps, brush, debris, trash, rubble or
other obstacles that obstruct the line of work, and the removal of all earth, rock, concrete and other
materials to the extent necessary to install the pipe and appurtenances in conformance with the lines
and grades shown on the Drawings and as specified. All partial concrete and asphalt surfaces to be
removed shall be saw -cut.
C. Backfill shall include the refilling and consolidation of the fill in trenches and excavations up to the
surrounding ground surface or road grade at crossing. Backfill and embedment shall be as shown on
the Drawings.
D. Contractor shall, after backfilling, grade construction area reasonably smooth/level to as nearly as
possible match the existing natural grades without creating any low areas that would hold or pond
surface runoff or restrict the flow of surface runoff.
E. All pervious areas disturbed by the Contractor's operations out of the right -of -way shall be
hydroseeded.
1.02 QUALITY ASSURANCE
A. Density. All references to "maximum dry density" shall mean the maximum density defined by
ASTM D1557 (Modified Proctor Method), unless otherwise specified. Determination of the density
of backfill in -place shall be in accordance with the requirements of ASTM D2922. The Owner will
provide for initial density testing of in -place backfill; however, the Contractor shall pay for all
additional density testing of backfills found not to be within the minimum requirements of the
Specifications and those done for his convenience.
B. Sources and Evaluation Testing. Materials to be used for embedment and for backfill shall be
obtained in accordance with a sampling plan and ASTM D75. Testing of materials to certify
conformance with the specification requirements shall be performed by an independent testing
laboratory selected by the Owner. Payment for laboratory testing services shall by the Owner. Testing
shall be performed upon change of source and at sufficient intervals to verify conformance of all
matenal furnished for use on this project.
1.03 REFERENCE STANDARDS
A. American Society for Testing and Materials (ASTM)
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1. ASTM C136: Sieve or Screen Analysis of Fine and Coarse Aggregates.
2. ASTM D75: Sampling Aggregates.
3. ASTM D698: Moisture- Density Relations of Soils Using 5.5 -pound Rammer and 12 -inch Drop
(Standard Proctor).
4. ASTM D1557: Moisture - Density Relations of Soils Using 10 -pound Rammer and 18 -inch Drop
(Modified Proctor).
5. ASTM D2922: Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow
Depth) .
6. ASTM D4318: Test Method for Liquid Limit, Plastic Limit and Plasticity Index of Soils
1.04 SUBMITTALS
A. Test Reports
1. Submit reports by an independent testing laboratory to certify compliance of the embedment and
backfill matenals with the Specifications.
1.05 JOB CONDITIONS
A. Test pits for the purpose of locating underground utilities or structures in advance of the construction
may be excavated by the Contractor. Test pits shall be backfilled immediately after the desired
information has been obtained. The backfilled surface shall be restored and maintained in a manner
satisfactory to the Engineer.
B. Unless otherwise noted, the Contractor shall at all times keep roadways sufficiently clear to allow free
flow of at least one lane of traffic. The Contractor shall provide barricades and Lighting as required by
the Owner around roadways to insure safety of pedestrians and passing motorists.
C. Vegetation, trees or shrubbery within the line of work shall not be removed by the Contractor unless
specifically noted otherwise on the Drawings or directed by the Owner or Engineer.
D. Bedding material shall be of the type shown on the drawings for the various types of alternate pipe
materials. Bedding materials are specified in PART 2: PRODUCTS.
E. No classification will be made for any material to be excavated under this contract, regardless of the
type of material encountered or the methods or equipment required or used to complete the
excavation.
F. Blasting will not be permitted on this project.
1.06 RELATED REQUIREMENTS
A. Section 01665: Trench Safety Requirements
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PART 2: PRODUCTS
2.01 CRUSHED LIMESTONE ROCK
A. Crushed limestone rock shall consist of sound and durable particles free from frozen material or
injurious amounts of salt, alkali, vegetative matter or other material either free or as adherent coating.
Its quality shall be reasonably uniform throughout.
B. Wear shall not exceed 40 percent when tested in accordance with TSDHPT Test Method Tex -410 -A.
C. Gradation shall meet the following requirements for percentage by weight when tested in accordance
with ASTM C136:
A4326502221.DOC
1. Standard Crushed Limestone Rock (1/2" D)
Retained on 1/2 inch sieve 0%
Retained on 3/8 inch sieve 5 -25%
Retained on No. 4 sieve 80 -100%
Retained on No. 10 sieve 96 -100%
2. Fine Crushed Rock (3/8" F)
2.02 GRAVEL
Retained on 1/2 inch sieve 0%
Retained on 3/8 inch sieve 0 -2%
Retained on No. 4 sieve 40 -85%
Retained on No. 10 sieve 95 -100%
A. Gravel shall consist of uncrushed stones, washed and screened, and shall not have by weight more
than one percent organic matter, clays or loam, and not more than five percent by weight of any one or
combination of slate, shale, schist or soft particles of sandstone.
B. Wear shall not exceed 40 percent when tested in accordance with TSDHPT Test Method Tex - 410 -A.
C. Gradation shall meet the following requirements for percentage by weight when tested in accordance
with ASTM C136:
1. Washed Gravel (Bedding Material)
Retained on 1/2 inch sieve 0%
Retained on 3/4 inch sieve 100%
2. 3/4" Washed Gravel (Manhole)
Retained on 2 inch sieve 0"/0
Retained on 1 -1/2 inch sieve 0 -10%
Retained on 1 inch sieve 45 -80%
Retained on 3/4 inch sieve 85 -100%
Retained on 3/8 inch sieve 95 -100%
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2.03 SAND
A. Sand shall consist of clean, hard, durable, uncoated grains, free from lumps and containing no organic
material. All particles shall pass a No. 8 sieve, but not more than 20 percent passing the No. 200
sieve. Sand material shall be nonplastic per ASTM D424. Sand shall conform to the following
gradations:
Retained on 3/8" 0%
Retained on #4 0 - 5%
Retained on #8 0 - 20%
Retained on #16 15 - 50%
Retained on #30 40 - 75%
Retained on #50 70 - 90%
Retained on #100 90 - 98%
2.04 GRANULAR MATERIAL
A. Granular material shall be free flowing, such as sand or hydraulically graded crushed stone fines, or
mixed sand and gravel, or sandy loam. Material shall be free from lumps, stones over two inches in
diameter, clay and organic matter, and shall be nonplastic per ASTM D424.
2.05 SELECT MATERIAL
A. Select material shall be gravel, fine rock cuttings, sand, sandy loam or loam containing not more than
20 percent clay passing the No. 200 sieve and Plasticity Index not greater than 18. Rock cuttings shall
have no dimension greater than two inches.
2.06 CONCRETE
A. Concrete for thrust blocks, caps, encasements, cradles and pipe embedment shall have a minimum
compressive strength of 2,500 pounds per square inch at 28 days and shall contain a minimum of 4.5
sacks of cement per cubic yard.
2.07 COMMON FILL
A. Common Fill shall consist of suitable clay or sandy clay material from the trench excavation or other
approved sources, free of organic material, loam, wood, trash, and other objectionable material which
may be compressible, or which cannot be compacted properly. Common fill shall not contain stones
larger than 6- inches in any dimension, broken concrete, masonry, rubble, asphalt pavement, or other
similar materials. It shall have physical properties, as approved by the Engineer, such that it can be
readily spread and compacted.
B. Select Common Fill shall consist of suitable clay or sandy clay material from the trench excavation or
other approved sources, free of organic material, loam, wood, trash, and other objectionable material
which may be compressible, or which cannot be compacted properly. Select common fill shall not
contain stones larger than 2- inches in any dimension, broken concrete, masonry, rubble, asphalt
pavement, or other similar materials. It shall have physical properties, as approved by the Engineer,
such that it can be readily spread and compacted.
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2.08 CONTROLLED LOW - STRENGTH MATERIAL (CLSM)
A. Controlled Low - Strength Material (CLSM), or flowable fill, used as backfill and fill shall be
comprised of a mixture of Portland cement, fly ash, aggregate and water. Design mix shall result in a
flowable material with a minimum 28 -day compressive strength of 300 psi. Materials, methods of
preparation, and placement techniques shall comply with the requirements of Section 03300 or as
directed by the Engineer for concrete.
2.09 SELECT DRAINAGE BACKFILL
A. Select Drainage Backfill shall consist of hard, durable particles of proper size and gradation, free from
loam, clay, excess fines and deleterious materials. The size of the particles shall be uniformly graded
such that not less than 90 -100 percent of the particles will pass a 3/4 -inch sieve, 65 -85 percent will
pass the 3/8 -inch sieve, and 45 -65 percent passing the No. 4 sieve. Material finer than No. 4 sieve
shall be graded such that 35 -65 percent of the particles will pass a No. 20 sieve and 0 -25 percent will
pass a No. 50 sieve with 0 -5 percent passing a No. 200 sieve.
2.10 ROADWAY BASE MATERIAL
A. Roadway Base shall be Type A Flexible Base, shall consist of sound, durable crushed stone, free of
any foreign material, angular in shape, free from structural defects and comparatively free of chemical
decay. This material shall comply with TxDOT Item 247, Type A, Grade 1.
2.11 STRUCTURAL FILL
A. Structural Fill shall consist of sound, durable stone, free of any foreign material, angular in shape, free
from structural defects and comparatively free of chemical decay. This material shall comply with
TxDOT Item 247, Type B, Grade 6. The size of the particles shall be such that 100 percent of the
particles pass a 22 -inch sieve, 90 to 100 percent pass a 1: -inch sieve, 50 to 80 percent pass a 3/8 -inch
sieve, 25 to 70 percent pass a No. 4 sieve, and 20 to 40 percent pass a No. 40 sieve. Material passing
the No. 40 sieve shall have a maximum liquid limit of 35 and a plasticity index of 6 to 14.
2.12 3x5 HARD STONE
A. 3 x 5 Hard Stone shall consist of hard, durable particles of proper size and gradation, free from sand,
clay, excess fines and deleterious matenals. The size of the particles shall be uniformly graded such
that 100 percent of the particles will pass a 5 -inch sieve, 100 to 80 percent will pass a 4 -inch sieve, 70
to 40 percent will pass a 3 -inch sieve, 20 to 0 percent will pass a 2 -inch sieve, and 5 to 0 percent will
pass a 2 -inch sieve.
2.13 SELECT CLAY BACKFILL MATERIAL
A. Select Clay Backfrll shall consist of lean clay with a liquid limit no greater than 50 and a plasticity
index of 7 to 30.
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PART 3: EXECUTION
3.01 TRENCH EXCAVATION
A. Trench Depth. Articles 3.01 and 3.02 apply to all trenches. For trenches greater than 5 feet deep refer
to Section 01665 for special Trench Safety Requirements. Depth of trench as used herein means from
natural ground at the highest side of the trench to bottom of trench.
B. Topsoil. Topsoil and grass shall be stripped a minimum of six inches over the trench excavation site
and stockpiled separately for replacement over the finished grading areas.
C. Excavation
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1. Trenches shall be excavated to the lines and grades shown on the Drawings with the centerlines
of the trenches on the centerlines of the pipes.
2. The sides of all trenches shall be vertical to a point one foot above the top of the pipe. Unless
otherwise indicated on the Drawings, the trench width shall be equal to the sum of the outside
diameter of the pipe plus 24 inches, within a tolerance of ± 3 inches. This distance will be
measured at an elevation in the trench which is 12 inches above the top of the pipe when laid to
grade. The trench shall not slope more than one - fourth horizontal to one vertical from 12 inches
above the pipe to ground surface. Trench safety requirements of Section 01665 take precedence
over this paragraph with respect to sloping trench walls.
3. Wherever the prescribed maximum trench width is exceeded, the Contractor shall provide
embedment or encasement for the trench width as actually cut, at no additional cost to the
Owner. The Engineer will decide the course of action to be taken.
4. The trenches shall be excavated to the required depth allowing for the placement of pipe bedding
of the thickness shown on the Drawings.
5. Should the bottom of the trench become an unstable foundation for the pipe through the failure
of the Contractor to adequately perform, the Contractor shall remove the unstable material and
fill the trench to the proper subgrade level with the specified bedding material. No extra
compensation will be allowed for this material or work. Should the trench be inadvertently
excavated to a greater depth than necessary, the specified bedding material shall be provided to
the proper subgrade elevation at no additional cost to the Owner.
6. Should the undisturbed material encountered at the subgrade depth constitute, in the opinion of
the Owner, an unstable foundation for the pipe, the Contractor will be required to remove such
unstable material and fill the trench to the proper subgrade with the specified bedding material.
7. Should the bottom of the trench contain voids, the Contractor shall, at the Engineer's direction,
fill the voids with the specified bedding material, coarse crushed rock, or 2,000 psi concrete.
D. Excavated Materials
1. Excavated material to be used for backfilling shall be placed adjacent to the work, without
causing excessive surcharge on the trench bank and separate from stockpiled topsoil and grass.
Material shall not obstruct free access to valves and hydrants. Inconvenience to traffic and
adjacent property owners shall be avoided as much as possible.
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A4228S02221.000
2. Excess material and material which is unsuitable for backfilling shall be removed from the site
by the Contractor at his expense.
3. Should trench, soil or traffic conditions make it impracticable or unsafe, in the Engineer's
opimon, to stack material adjacent to the trench, the material shall be hauled and stored at a
location provided by the Contractor that is suitable to the Owner.
4. Excess excavated material (suitable or unsuitable) shall be disposed of in accordance with
Paragraph 1.06 of Section 01110.
3.02 SHEETING AND BRACING
A. Protection of the excavation against caving or settling of the banks shall be the sole responsibility of
the Contractor, as required in this section and in Section 01665. He shall protect the sides of his
excavation by sheeting and bracing, or other approved means, as may be necessary. No actions or
instructions by the Engineer shall be regarded as the responsibility for secunty of the trench or the
surrounding areas. The Contractor shall furnish, put in place, and maintain sheeting and bracing, or
other approved systems, required to support the sides of the excavation and prevent loss of ground
which could damage or delay the work or endanger adjacent structures or vehicular traffic.
B. In all cases, excavation, sheeting and bracing, and other trench safety measures shall conform to the
requirements of the Occupational Safety and Health Act, 29 CFRPart 1926, Subpart P B Excavations,
and its latest revisions and amendments.
C. Sheeting and shoring shall not be left in place unless its removal is determined impractical by the
Owner.
3.03 DRAINAGE AND DEWATERING
A. The Contractor shall fumish all materials and equipment and perform all incidental work required to
install and maintain the drainage system he proposes for handling ground water or surface water
encountered. He shall assume all responsibility for the adequacy of the methods, matenals, and
equipment employed.
B. The Contractor shall provide pumping equipment and devices to properly remove and dispose of all
surface water and groundwater entering trenches and excavations. The Contractor shall make
provisions for handling groundwater by bailing, pumping, well pointing, chemical grout stabilization,
or other acceptable methods. Surface water control measures shall include diversion ditches or dikes,
pumping, or other acceptable methods. The subgrade shall be maintained acceptably dry until the
facilities to be built therein are completed. All drainage related work shall be performed without
damage to the trench, pavements, pipes, electrical conduits, or other utilities and without damage to
public or private property.
C. Pipe and masonry shall not be laid in water or submerged within 24 hours after being placed. Water
shall not flow over new masonry within four days after placement.
D. In no event shall water rise to cause unbalanced pressure on facilities until the concrete or mortar has
set at least 24 hours. The Contractor shall prevent flotation of the pipe by promptly placing backfill.
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City of Round Rock
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3.04 EMBEDMENT
A. Embedment for pipe lines shall be as shown on the Drawings using bedding material meeting the
requirements of PART 2 of Section 02221.
B. The initial layer of embedment placed to receive the pipe shall be brought to grade and dimensions
indicated on the Drawings, and the pipe shall be placed thereon and brought to grade by tamping, or
by removal of the slight excess amount of embedment under the pipe. Adjustment to grade shall be
made by scraping away or filling with embedment material. Wedging or blocking up of pipe will not
be permitted. Each pipe section shall have a uniform bearing on the embedment for the length of the
pipe, except immediately at the joint. All embedment and encasement shall extend the full width of
the trench bottom.
C. After the pipe has been laid, jointed and inspected, embedment material shall be brought up in
mechanically tamped layers not exceeding eight inches in thickness of loose fill, approximately equal
on each side of the pipe, to 12 inches above the top of pipe. Compaction shall be 90 percent of
maximum dry density for embedment material below the top of pipe. For the 12 inches of embedment
above top of pipe, compaction shall be 70 percent of maximum dry density.
3.05 CONCRETE EMBEDMENT, ENCASEMENT AND COLLARS
A. After pipe joints are completed, the voids at the joints in the embedments shall be brought to proper
grade. Where concrete is placed over or along the pipe, it shall be placed in such manner as not to
injure the joints or displace the pipe.
B. While placing concrete embedment and until the concrete sets, each pipe shall be properly braced and
held to grade so as to prevent any possible shifting or floating of the pipe.
C. No cleavage line between the base concrete and the side or top concrete will be allowed. Backfilling
shall be done in a careful manner and at such time after concrete embedment or encasement has been
placed as not to damage the concrete in any way.
D. Backfill placed over concrete embedment, encasement, cradle, collar or block shall not be placed until
the concrete has set up to such an extent that backfill operations will not damage the concrete.
3.06 RESTRAINED JOINTS FOR FLEXIBLE -JOINT BURIED PRESSURE PIPING
A. Restrained joints, designed per AWWA guidelines with friction coefficient = 0.25, shall be provided
at all vertical and horizontal changes in pipe diameter (reducers), or direction (e.g., tees, bends, elbows
and crosses), plugs and valves, or other locations shown on the Drawings, on all buried pressure
piping having flexible ,joints. Joints shall be designed to prevent the pipe from moving when
subjected to operating and test pressures.
A4326302221 DOC
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3.07 FINAL BACKFILL PLACEMENT
A. Above the embedment zone the trench or excavation shall be backfilled with Compacted Select
Common Fill material from the excavation, as shown on the Drawings. Compacted Select Common
Fill material shall not contain any rocks or clods greater than six inch diameter. No weight of any sort,
other than backfill, shall be allowed on the pipe until it has been covered to such a depth that damage
to the pipe or joints will not occur. The top six inches shall be topsoil if topsoil type material was
excavated to make the trench or if so indicated on the Drawings.
B. Consolidation
A4326302221 DOC
1. No water jetting or flooding will be allowed for backfill consolidation on this project.
2. The backfill for trenches under existing or future roads, driveways, alleys, parking lots, concrete
slabs, etc., and in the zone of excavation for structures shall be mechanically compacted in eight
inch loose lifts at optimum moisture content to 95% of Texas Department of Transportation
(TxDOT), Test 113E, and the replacement 6" compacted flexible base at optimum moisture
content to 98% of TxDOT, Test 113E. Water jetting will not be permitted.
3. Where the Drawings indicate that backfill for trenches under existing or future roads, driveways,
alleys, parking lots, concrete slabs, etc., and in the zone of excavation for structures shall be
cement stabilized, the backfill material shall be stabilized with a minimum of two sacks of
Portland cement per cubic yard of material placed. Compaction and moisture content
requirements shall be as specified in Paragraph 3.07 B.2 of this section.
4. Backfill for trenches not covered by Paragraph 3.07 B.2 above shall be compacted in 8 -inch
loose lifts at optimum moisture content to 85 percent of maximum dry density per ASTM
D1557.
3.08 RESTORING TRENCH SURFACE
A. The Contractor shall maintain the trench surface as the work progresses. If settlement occurs, he shall
immediately deposit additional fill to restore the level of the ground.
B. The surface of any driveway or any other area that is disturbed by the trench excavation and which is
not a part of the paved street shall be restored by the Contractor to a condition at least equal to that
existing before work began.
C. In sections where the pipeline passes through grassed areas, the Contractor shall regrade and replace
stockpiled grass for all disturbed areas, or hydroseed, etc., if such is specified.
D. Pavement replacement shall be as shown on the Drawings and as specified in Section 02510.
3.09 PROTECTION
A. Guard rails, curbing, and fencing in the vicinity of the Contractor's operations shall be adequately
protected, and if necessary removed and restored after backfilling. All curbing, fencing, or guard rails
which are damaged during construction shall be replaced with material fully equal to that existing
prior to construction.
END OF SECTION
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City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 02223
ENCASEMENT PIPE
A. Furnish all labor, equipment, materials, and incidentals required to install steel casings by open
trench excavation at the locations shown on the Drawings. Applicable portions of this specification
section apply for placing carrier pipes in casing laid in open trenches. The work shall be done in
strict accordance with the details shown on the Drawings and as specified herein.
B. Plans and details of the equipment and materials and the method of construction to perform and
complete the work shall be submitted by the Contractor and must be approved by the Engineer
before commencing these operations. These shall include plans of pits, details of shields and the
intended method to maintain proper grade and/or restrict movement of the pipe within the sleeve.
Approval of such submittals shall not relieve the Contractor of his responsibilities to provide a fully
satisfactory installation.
C. The Contractor shall continuously keep the jacking pits' subgrade free from ground and surface
waters during the operation and shall be prepared to implement groundwater control on short notice
as directed by the Engineer, even if observed water levels pnor to construction are below the invert
elevation of the pipe. Groundwater control shall include chemical grout stabilization if required.
D. The Contractor shall be fully responsible for inspecting the location where the pipes are to be
installed and familianze himself with the conditions under which the work will be performed and
with all necessary details as to the orderly prosecution of the work. The omission of any details for
the satisfactory installation of the work in its entirety which may not appear herein, shall not relieve
the Contractor of full responsibility.
E. The Contractor shall be prepared to work at night and on Saturday and Sunday, if required to
complete this work. After the jacking operation has begun, the Contractor shall work continuously
(24 hours a day) until the complete lengths of casings have been installed.
F. If any movement or settlement occurs which causes or might cause damage to existing facilities or
structures over, along or adjacent to the work, the Contractor shall immediately stop any and all
work except that which assists in making the work secure and in preventing further movement,
settlement or damage. The Contractor shall resume construction only after all necessary
precautions have been taken to prevent further movement, settlement or damage, and shall repair
the damage, at his own cost, to the satisfaction of the Engineer.
G. Construction shall be done in such a manner that will not interfere with the operation of any
existing street, nor weaken or damage any embankment or structure. Barricades and lights shall be
furnished and maintained to safeguard traffic and pedestrians as directed by the Engineer until such
time as the backfill has been completed.
A4326S02223,doc
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City of Round Rock
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PART 2: PRODUCTS
2.01 MATERIALS
A. Steel casing sleeves shall be fabricated in accordance with ASTM A -53 from steel plates having a
minimum yield strength of 36,000 psi and meeting the requirements of ASTM A -36. Steel casing
sleeves for street and highway crossings shall have walls at least 1/2" (0.50 Inch) thick, or as shown
on the Drawings, whichever is thicker. Steel casing shall be coated inside and outside with two
coats of Koppers Co. Bitumastic Super Service Black, or equal by Tnemec Co.
B. Carrier pipe for the raw waterline shall be ductile iron pipe as specified in Section 02630. All joints
of carrier pipe under pressure within casing shall be restrained type specified in Sections 02630.
C. Steel casing spacer insulators shall be Model A 12G -2 with risers, as manufactured by PSI, Inc., or
approved equal, provided and installed where shown on the Drawmgs and in accordance with these
specifications. The spacer insulator "system" shall be designed and fabricated for the specific
project and application for which they are furnished, including installation of carrier pipe in liner
plate casing tunnels.
A4326S02223 doc
1. Steel Casing Spacer Insulator Specification
a. Band - 12 Inch wide by 12 Ga. (.105 -Inch) three piece steel, hot rolled and pickled, with
deep embossed flanges for pipe sizes 42 -Inch diameter and larger. Bands shall be 14
gage for pipes smaller than 42 -Inch diameter.
b. f hating - All exposed steel (excluding hardware), including risers and studs, shall have a
synthetic enamel finish containing rust inhibitive pigment.
c Runners
1) Two -Inch wide glass reinforced runner molded under high pressure with the
following specifications:
Length
Effective Heights
Rockwell Hardness (M) (ASTM D785)
Tensile Strength (ASTM D638)
Coefficient of Friction
Flexural Strength (ASTM D790)
Compression Strength (ASTM D695) (10% deformation)
Deflection Temperature @ 264 psi (ASTM D648)
Deformation under Load @ 122 °F (50 °C),
2,000 Ib. Load (ASTM D621)
11"
1.07" top
1.7" bottom
90
17,600 psi
0.1 to 0.6
25,300 psi
18,000 psi
405 °F (205 °C)
1.2
2) Runners shall be extended away from band with minimum 10 gage welded steel
risers.
3) Runners shall be attached by projection welding a 3/8" diameter stud to steel riser,
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A4326S02223 doc
and locked on with a locking fastener. Attachment cavities in runner shall be filled
with a non - conductive, corrosive resistant caulk.
d Liner - Polyvinyl Chloride or EPDM
2. Insulator Installation
Thickness 0.090" min.
Hardness - Durometer "A" 85/90
Dielectric Strength (1/8" thick) Surge Test 60,000 V min.
Step -by -Step Test 58,000 V min.
Water Absorption 1% max.
e Hardware - Bolts, nuts and washers
3. Insulator Attachment
4. Insulator Spacing
Cadmium plated, 5/16" - 18 x 2 1/2" bolts, 5/16" hex nuts, 5/16" washers SAE 2330
Number: 12" band -12 studs, 24 nuts.
f. Steel Risers - high grade steel, designed and fabricated to support the carrier pipe and its
liquid load (including impact and/or surge) and all other reasonably expected loads and/or
forces. Factory coated with a synthetic enamel finish containing rust inhibitive pigment
per Section 1.2 above. Sized to center the carrier pipe in the casing, support all loads, and
provide proper contact for insulation function.
Number, spacing and size of risers shall be per manufacturer's recommendations for this
particular application.
a. There must be no metallic contact between the casing and the Carer pipe. The spacing
of insulators should ensure that the carrier pipe is adequately supported throughout its
length, particularly at the ends, to offset settling and possible electrical shorting. The end
insulators must be within 6" of the end of the casing pipe, regardless of size of casing and
carrier pipe or type of insulators used. Casing insulators must be designed to withstand
much greater loads than can be safely applied to most casings.
a. Pipeline casing insulators must be installed in accordance with the manufacturer's
instructions. Special care should be taken to ensure that all subcomponents are correctly
assembled and evenly tightened, and that no damage occurs during tightening of the
insulators or the carrier pipe insertion.
a. Spacing insulators shall be installed at the spacings shown on the Drawings.
02223 -3
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City of Round Rock
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5. Casing End Closures
a. The annular space between the carrier pipe and the casing shall be sealed at each end of
the casing with PSI, Inc. Model C pull -on type seal with stainless steel bands and clamps,
or approved equal.
PART 3: EXECUTION
3.01 JACKING PITS (NOT USED)
3.02 BORING (NOT USED)
3.03 INSTALLATION
A. Steel casing pipe shall be installed in an open trench.
B. Steel casing sections shall be field welded in accordance with the applicable portions of AWWA
C206 and AWS D7.0 for field welded water pipe joints. The welded joints shall be wire brushed
and painted with Koppers Inertol Quick - Drying Pnmer 626, primer manufactured by Tnemec
Company Inc., or approved equal.
3.04 INSTALLING CARRIER PIPE
A. See 02630 for carrier pipe installation.
B. Casing spacer insulators are required per the Drawings. They shall be installed on the carrier pipe
per the manufacturer's instructions prior to inserting the carrier pipe into the casing.
C. Casing end closures are required per the Drawings. They shall be installed per the manufacturer's
instructions.
A4326502223 doc
END OF SECTION
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City of Round Rock
Relocate Two 30 -Inch Raw Watedines
PART 1: GENERAL
1.01 SCOPE OF WORK
A4326502490
SECTION 02490
LOAMING, HYDROSEEDING AND EROSION CONTROL
A. Furnish all labor, materials, equipment and incidentals required, provide erosion control and place
topsoil, finish grade, apply fertilizer, hydraulically apply seed and mulch and maintain all seeded
areas as shown on the Drawings and as specified herein, including all areas disturbed by the
Contractor outside of the right -of -way. Areas within the right -of -way shall be level and brought
back to their original grade; however, areas within the right -of -way do not need to be seeded due to
later construction by others. It shall be reiterated that areas out of the right -of -way shall be seeded.
1.02 RELATED WORK
A. Site preparation including clearing, grubbing and stripping is included in Section 02221.
B. Trench Excavation, Embedment, Backfill and Encasement is included in Section 02221.
1.03 SUBMITTALS
A. Samples of all materials shall be submitted for inspection and acceptance upon Engineer's request.
PART 2: PRODUCTS
2.01 MATERIALS
A. Topsoil shall be fertile, friable, natural topsoil typical of topsoil of the locality and shall be obtained
from a well drained site that is free of flooding. The material locally referred to as sandy loam shall
not he acreptahle It shall be without admixture of subsoil or slag and free of stones, lumps, plants
or their roots, sticks, clay, peat and other extraneous matter and shall not be delivered to the site or
used while in a frozen or muddy condition. Topsoil as delivered to the site or stockpiled shall have
pH between 6.0 and 7.0 and shall contain not less than 3 percent organic matter as determined by
loss of ignition of moisture -free samples dried at 100 degrees Celsius. The topsoil shall meet the
following mechanical analysis:
Percentage Finer
1 -in screen opening 100
No. 10 mesh 95 - 100
No. 270 mesh 35 - 75
0.002 mm* 5 - 25
* Clay size fraction determined by pipette or hydrometer analysis.
At least ten days prior to anticipated start of topsoiling operations a one pint sample of topsoil
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material shall be delivered to the Engineer for testing and approval. Based on tests performed by
the Engineer, the topsoil shall be identified as acceptable, acceptable with certain fertilizer
applications, or unacceptable. If the topsoil is found acceptable, the fertilizer requirements will be
as specified or as recommended by the Engineer. If the topsoil is found unacceptable, the
Contractor shall be responsible for identifying another source of topsoil and shall incur all expenses
associated with testing additional samples. All topsoil incorporated into the site work shall match
the sample provided to the Engineer for testing. Topsoil stockpiled under other Sections of this
Division may be used subject to the testing and approval outlined above. Contractor will be
responsible for screening stockpiled topsoil and providing additional topsoil as required at his/her
own expense.
B. Fertilizer shall be commercial mixed free flowing granules or pelleted fertilizer, 10 -20 -10
(N- P2O5 -K2O) grade for lawn and naturalized areas. Fertilizer shall be delivered to the site in
original unopened containers each showing the manufacturer's guaranteed analysis conforming to
applicable state fertilizer laws. At least 40 percent of the nitrogen in the fertilizer used shall be in
slowly available (organic) form.
C. Seed shall be labeled in accordance with USDA Rules and Regulations under the Federal Seed Act
and applicable State seed laws. Seed shall be furnished in sealed bags or containers bearing the
date of the last germination, which date shall be within a period of 6 months prior to
commencement of planting operations. Seed shall be from same or previous year's crop; each
variety of seed shall have a purity of not less than 85 percent, a percentage of germination not less
than 90 percent, shall have a weed content of not more than 1 percent and contain no noxious
weeds.
D. The seed shall be furnished and delivered premixed. A manufacturer's certificate of compliance to
the specified mixes shall be submitted by the manufacturers for each seed type. These certificates
shall include the guaranteed percentages of purity, weed content and germination of the seed and
also the net weight and date of shipment. No seed may be sown until the Contractor has submitted
the certificates.
E. Seed shall be delivered in sealed containers bearing the dealer's guaranteed analysis.
F. Mulch shall be a specially processed cellulose fiber containing no growth or germination- inhibiting
factors. It shall be manufactured in such a manner that after addition and agitation in slurry tanks
with water, the fibers in the matenal become uniformly suspended to form a homogeneous slurry.
When sprayed on the ground, the material shall allow absorption and percolation of moisture. Each
package of the cellulose fiber shall be marked by the manufacturer to show the air dry weight
content and not contain in excess of 10 percent moisture.
G. Erosion control blanket installed in all drainage swales and ditches as directed by the Engineer
shall be AMXCO Curlex Blanket as manufactured by American Excelsior Company, Arlington,
TX.
A4328502490 dot
02490 -2
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8077-36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
PART 3: EXECUTION
3.01 APPLICATION
A. Unless otherwise shown on the Drawings, topsoil shall be placed to a minimum compacted depth of
6 -in and seed applied on all disturbed areas of the site not covered with structures, pavement, or
existing woodland.
B. For all areas to be seeded:
A4326S02490 doc
1. Fertilizer (10 20 - 10) shall be applied at the rate of thirty pounds per 1,000 square feet or as
determined by the soil test.
2. Seed shall be applied at the rates described below.
The seed mixtures shall consist of seed proportioned by weight as follows:
a. Natural Area Seed Mix (For all other areas)
Green Sprangletop 3 lbs/acre
Little Bluestem 5.5 lbs/acre
Switchgrass 61bs/acre
Indiangrass 7.5 lbs/acre
Sideoats Grama 9 lbs/acre
Buffalograss 26.5 lbs/acre
b. All planting shall be done between the dates specified except as specifically authorized in
writing. If planting is authorized to be done outside the dates specified the seed shall be
planted with the addition of winter fescue (Kentucky 31) at a rate of 100 lb. per acre.
3. Fiber mulch shall be applied at the rate of 40 pounds per 1,000 square feet.
C. The application of fertilizer may be performed hydraulically in one operation with hydroseeding
and fiber mulching. The Contractor is responsible for cleaning all structures and paved areas of
unwanted deposits of the hydroseeded mixture.
3.02 INSTALLATION
A. Previously established grades, as shown on Drawings shall be maintained in a true and even
condition.
13. Subgrade shall be prepared by tilling prior to placement of topsoil to obtain a more satisfactory
bond between the two layers. Tillage operations shall be across the slope. Tillage shall not take
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City of Round Rock
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place on slopes steeper than 2 honzontal to 1 vertical or where tillage equipment cannot be
operated. Tillage shall be accomplished by discing or harrowing to a depth of 9 -in parallel to
contours. Tillage shall not be performed when the subgrade is frozen, excessively wet, extremely
dry or in other conditions which would not permit tillage. The subgrade shall be raked and all
rubbish, sticks, roots and stones larger than 2 -in shall be removed. Subgrade surfaces shall be raked
or otherwise loosened immediately prior to being covered with topsoil.
C. Topsoil shall be placed over approved areas to a depth sufficiently greater than required so that
after natural settlement and light rolling, the complete work will conform to the lines, grades and
elevations indicated. No topsoil shall be spread in water or while frozen or muddy.
D. After topsoil has been spread, it shall be carefully prepared by scarifying or harrowing and hand
raking. All stiff clods, Lumps, roots, litter and other foreign material shall be removed from the
topsoiled area and disposed of by the Contractor. The areas shall also be free of smaller stones, in
excessive quantities, as determine by the Engineer. The whole surface shall then be rolled with a
hand roller weighing not more than 100 pounds per foot of width. During the rolling, all
depressions caused by settlement or rolling shall be filled with additional topsoil and the surface
shall be regraded and rolled until a smooth and even finished grade is created.
E. Seeding, mulching and conditioning shall only be performed during those periods within the
seasons which are normal for such work as determined by the weather and locally accepted
practice, as approved by the Engineer. The Contractor shall hydroseed only on a calm day.
F. Schedules for seeding and fertilizing must be submitted to the Engineer for approval prior to the
work. Seeding as specified herein shall be accomplished between the period of March 1 to June 1.
Seeding during the period from October 1 to March 1 shall only be undertaken upon approval of the
Engineer. Seeding during the period from June 1 to October I shall only be performed if irrigation
is provided.
G. Seeding shall be done within ten days following soil preparation. Seed shall be applied
hydraulically at the rates and percentages indicated. The spraying equipment and mixture shall be
so designed that when the mixture is sprayed over an area, the grass seed and mulch shall be equal
in quantity to the specified rates. Prior to the start of work, the Contractor shall furnish the
Engineer with a certified statement as to the number of pounds of materials to be used per 100
gallons of water. This statement shall also specify the number of square feet of seeding that can be
covered with the quantity of solution in the Contractor's hydroseeder. Upon completion of seeding
operations, the Contractor shall furnish the Engineer with a certified statement on the actual
quantity of solution applied.
H. In order to prevent unnecessary erosion of newly topsoiled and graded slopes and unnecessary
siltation of drainageways, the Contractor shall conduct seeding and mulching as soon as he /she has
satisfactonly completed a unit or portion of the project. For the purpose of this project a unit is
defined as 10,000 square feet. When protection of newly topsoiled and graded areas is necessary at
a time which is outside of the normal seeding season, the Contractor shall protect those areas by
whatever means necessary as approved by the Engineer and shall be responsible for prevention of
siltation in the areas beyond the limit of work.
I. Erosion control blankets shall be installed in all drainage swales and ditches and on slopes
exceeding 15% as directed by the Engineer in accordance manufacturer's instructions. The area to
A4326502490 do,
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8077 -36854
City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
be covered shall be properly prepared, fertilized and seeded before the blanket is applied. When the
blanket is unrolled, the netting'shall be on top and the fibers in contact with the soil over the entire
area. The blankets shall be applied in the direction of water flow, and stapled. Blankets shall be
placed a minimum of three rows (of four foot) wide (total 12 -ft width) within the drainage
swale/ditch and stapled together in accordance with manufacturer's instructions. Side overlaps shall
be 4 -in. minimum. The staples shall be made of wire, .091 -in. in diameter or greater, "U" shaped
with legs 10 -in. in length and a 1E-in. crown. The staples shall be driven vertically into the ground,
spaced approximately two linear feet apart, on each side and one row in the center alternately
spaced between each size.
J. When newly graded subgrade areas cannot be topsoiled and seeded because of season or weather
conditions and will remain exposed for more than 30 days, the Contractor shall protect those areas
against erosion and washouts by whatever means necessary such as straw applied with a tar tack,
wood chips or by other measures as approved by the Engineer. Prior to application of topsoil, any
such materials applied for erosion control shall be thoroughly incorporated into the subgrade by
discing. Fertilizer shall be applied prior to spreading of topsoil.
K. On slopes, the Contractor shall provide against washouts by an approved method. Any washout
which occurs shall be regraded and reseeded at the Contractor's expense until a good sod is
established.
3.03 MAINTENANCE, AND PROVISIONAL ACCEPTANCE
A. The Contractor shall keep all seeded areas watered, lawn areas mowed and in good condition,
reseeding all seeded areas if and when necessary until a good, healthy, uniform growth is
established over the entire area seeded and shall maintain all seeded areas in an approved condition
until provisional acceptance.
B. The Engineer will inspect all work for provisional acceptance upon the written request of the
Contractor received at least ten days before the anticipated date of inspection.
C. A satisfactory stand will be defined as a section of turf of 10,000 square feet or larger that has:
1. No bare spots larger than three square feet.
2. No more than ten percent of total area with bare spots larger than one square foot.
3. Not more than fifteen percent of total area with bare spots larger than 6 - in square.
D. The inspection by the Engineer will determine whether additional seeding shall be conducted in any
area.
E. After all necessary corrective work and clean-up has been completed, the Engineer will certify in
writing the provisional acceptance of the seeded areas.
3.04 GUARANTEE PERIOD AND FINAL ACCEPTANCE
A. All seeded areas shall be guaranteed by the Contractor for not less than one full year from the time
of acceptance.
A4326S02490 doc
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B. At the end of the guarantee period, inspection will be made by the Engineer upon written request
submitted by the Contractor at least ten days before the anticipated date. Seeded areas not
demonstrating satisfactory stands as outlined above, as determined by the Engineer, shall be
renovated, reseeded and maintained meeting all requirements as specified herein.
C. After all necessary corrective work has been completed, the Engineer shall certify in writing the
final acceptance of the seeded areas.
A4326502490 doc
END OF SECTION
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City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
PART 1: GENERAL
1.01 SCOPE OF WORK
A4326S02605 doc
SECTION 02605
PRECAST CONCRETE MANHOLES
A. Fumish all labor, materials and equipment required to install precast concrete manholes, frames and
covers, and appurtenances as shown on the Drawings and as specified herein.
1.02 RELATED WORK
A. Trench Excavation, Embedment, Backfill and Encasement is included in Section 02221.
1.03 SUBMITTALS
A. Shop drawings, product data, matenals of construction, and details of installation shall be submitted in
accordance with Section 01300. Submittals shall include the following:
1. Base sections, riser sections, eccentric conical top sections, flat slab tops, grade rings with
notarized certificate indicating compliance with ASTM C478.
2. Pipe connection to manhole.
3. Manhole frame and cover with notarized certificate indicating compliance with ASTM A48,
Class 30.
4. Method of repair for minor damage to precast concrete sections.
B. Samples
C. Design Data
1. Precast concrete structures:
a. Six copies of sectional plan(s) and elevations showing dimensions and reinforcing steel
placement.
b. Six copies of concrete design mix.
D. Test Reports
1. Precast concrete structures:
a. Six copies of concrete test cylinder reports from an approved testing laboratory certifying
conformance with specifications.
E. Statement of Qualifications
F. Warranties
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1.04 REFERENCE STANDARDS
A. American Society for Testing and Materials (ASTM)
1
1. ASTM A48 - Specification for Gray Iron Castings.
2. ASTM A615 - Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete
Reinforcement.
3. ASTM C32 - Specification for Sewer and Manhole Brick (Made from Clay or Shale).
4. ASTM C33 - Specification for Concrete Aggregates. '
5. ASTM C62 - Standard Specification for Building Brick (Solid Masonry Units Made from Clay
or Shale)
6. ASTM C150 - Standard Specification for Portland Cement
7. ASTM C207 - Specification for Hydrated Lime for Masonry Purposes
1
8. ASTM C443 - Standard Specification for Joints for Circular Concrete Sewer and Culvert Pipe,
Using Rubber Gaskets
9. ASTM C478 - Standard Specification for Precast Reinforced Concrete Manhole Sections
10. ASTM D4101 - Specification for Propylene Plastic Injection and Extrusion Materials.
B. American Concrete Institute (ACI)
1. ACI 318 - Building Code Requirements for Reinforced Concrete '
2. ACI 350R - Concrete Sanitary Engineering Structures t
C. American Association of State Highway and Transportation Officials (AASHTO)
1. Standard Specifications for Highway Bridges '
D. Occupational Safety and Health Administration (OSHA)
E. Where reference is made to one of the above standards, the revision in effect at the time of bid '
opening shall apply.
1.05 QUALITY ASSURANCE
1
A. All matenal shall be new and unused.
B. Materials' quality, manufacturing process and finished sections are subject to inspection and approval
by Engineer or other Owner representative. Inspection may be made at place of manufacture, at work
site following delivery, or both. ,
C. Materials will be examined for compliance with ASTM specifications, these Specifications and
approved manufacturer's drawings. Additional inspection criteria shall include: appearance, dimen-
sions(s),
blisters, cracks and soundness.
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D. Materials shall be rejected for failure to meet any Specification requirement. Rejection may occur at
place of manufacture, at work site, or following installation. Mark for identification rejected materials
and remove from work site immediately. Rejected materials shall be replaced at no cost to Owner.
E. Repair minor damage to precast concrete sections by approved method, if repair is authorized by
Engineer.
PART 2: PRODUCTS
2.01 GENERAL
A. Reference to a manufacturer's name and model or catalog number is for the purpose of establishing the
standard of quality and general configuration desired.
B. Like items of materials/equipment shall be the end products of one manufacturer in order to provide
standardization for appearance, operation, maintenance, spare parts and manufacturer's service.
C. Provide lifting lugs or holes in each precast section for proper handling.
2.02 PRECAST CONCRETE MANHOLE SECTIONS
A. Precast concrete base sections, riser sections, transition top sections, flat slab tops and grade rings
shall conform to ASTM C478 and meet the following requirements:
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1. Bottom slab thickness shall equal the riser wall thickness or flat slab top thickness, whichever is
greater.
2. Top section shall be flat slab or eccentric cone (concentric cone for wastewater manholes) as
shown on the Drawings with a minimum opening of 30- inches in diameter.
3. Base, riser and transition top sections shall have tongue and groove joints.
4. Sections shall be cured by an approved method.
5. Precast concrete sections shall be shipped after concrete has attained 3,000 psi compressive
strength.
6. Design precast concrete base, riser, transition top, flat slab top and grade ring for a minimum H-
20 loading plus earth load. Calculate earth load with a unit weight of 130 pcf.
7. Mark date of manufacture, name and trademark of manufacturer on the inside of each precast
section.
8. Construct and install precast concrete base as shown on the Drawings.
9. Provide integrally cast knock -out panels in precast concrete manhole sections at locations, and
with sizes shown on Drawings. Knock -out panels shall have no steel reinforcing.
B. Manhole diameter shall be as shown on the Drawings, but not less than the diameter of the largest
connecting pipe plus two feet.
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2.03 MANHOLE FRAME AND COVER
A. Manhole frames and covers shall be of good quality, strong, tough, even grained cast iron, smooth,
free from scale, lumps, blisters, sand holes and defects of any kind which render them unfit for the
service for which they are intended. Manhole covers and frame seats shall be machined to a true
surface. Castings shall be thoroughly cleaned and subject to hammer inspection. Cast iron shall
conform to ASTM A48, Class 30.
B. Manhole covers shall have a diamond pattem, pickholes and the word WATER, SEWER or
ELECTRIC (as appropriate) as well as the words City of Round Rock cast in 3 -in letters. Manhole
frame and covers shall be Neenah Foundry, Westem Iron Works, Vulcan Foundry, or equal. Model
numbers refer to Western Iron works products:
1. Manhole Frame and cover - WRM - 30.
2.04 JOINTING PRECAST MANHOLE SECTIONS
A. Seal tongue and groove joints of precast manhole sections with rubber "O" -ring gasket. 0-ring gasket
shall conform to ASTM C443.
B. Completed joint shall withstand 15 psi internal water pressure without leakage or displacement of
gasket or sealant.
2.05 PIPE CONNECTIONS TO MANHOLE
A. Connect pipe to manhole in the following ways:
1. Flexible sleeve - Integrally cast sleeve in precast manhole section or install sleeve in a formed or
cored opening. Fasten pipe in sleeve with stainless steel clamp(s). Coat stainless steel clamp(s)
with bituminous material to protect from corrosion. Flexible sleeve shall be Lock Joint Flexible
Manhole Sleeve; Kor -N -Seal connector; PSX Press -Seal Gasket or equal.
2. Compression gasket - Integrally cast compression gasket in precast manhole section. Insert pipe
into compression gasket. Compression gasket shall be A -Lok, or equal.
2.06 MANHOLE INTERIOR LINING
A. All interior sections of the precast manhole, except the base section, shall be lined with a high build
chemical resistant epoxy coating. The coating material shall be a two component 100 percent solids
thixotropic expoxy coating system designed for vertical high build applications. The lining material
shall be Raven 400 Series High Build Epoxy Liner as manufactured by Raven Chemicals, or approved
equal.
B. The lining matenal shall be applied to the interior of the manhole.
C. The lining material shall be sprayed onto the manhole sections with a minimum thickness of 100 mils.
D. Before applying the lining material, the concrete shall be prepared in strict accordance with the
manufacturer's instructions.
E. The manufacturer shall provide the Owner with a certificate upon completion of the project certifying
that the liner material was installed per manufacturer's instructions.
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F. The manufacturer shall issue to the Owner a one -year warranty on the lining material starting at the
time of Final Completion. The manufacturer shall warrant that the liner shall adhere to and protect the
concrete from chemical attack during the warranty period.
PART 3: EXECUTION
3.01 INSTALLATION
A. Manhole Installation
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I. Manhole shall be constructed to the dimensions shown on the Drawings and as specified in these
Specifications. Protect all work against flooding and flotation.
2. Place manhole base on a bed of 12 -in coarse gravel backfill as shown on the Drawings. Set
manhole base grade so that a maximum grade adjustment of 8 -in is required to bring the manhole
frame and cover to final grade.
Use precast concrete grade rings or brick and non - shrink mortar to adjust manhole frame and
cover to final grade.
3. Set precast concrete barrel sections plumb with a 1 /4 -in maximum out of plumb tolerance
allowed. Seal joints of precast barrel sections with rubber "O" ring set in a recess. Fill the
outside and inside joint with non - shrink mortar and finished flush with the adjoining surfaces.
Caulk the inside of any leaking barrel section joint with lead wool or non - shrink grout to the
satisfaction of the Engineer.
4. Allow joints to set for 14 hours before backfilling unless a shorter period is specifically approved
by the Engineer.
5. Plug holes in the concrete barrel sections required for handling with a non - shrinking grout or
non - shrinking grout in combination with concrete plugs. Finish flush on the inside.
6. Cut holes in precast sections to accommodate pipes prior to setting manhole sections in place to
prevent jarring which may loosen the mortar paints.
7. Backfill carefully and evenly around manhole sections.
B. Manhole Pipe Connections
1. Construct manhole pipe connections, including pipe stubs, as specified above. Close or seal pipe
stubs for future connections with a gasketed watertight plug.
C. Setting Manhole Frame and Cover
I. Set manhole covers and frames in a full mortar bed. Utilize bricks or precast concrete grade
rings, a maximum of 8 -in thick, to assure frame and cover are set to the finished grade. Set
manhole frame and cover to final grade prior to placement of permanent paving.
3.02 LEAKAGE TESTS
A. Test each manhole for leakage. Engineer shall observe each test. Perform exfiltration test as
described below:
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B. Assemble manhole in place; fill and point all lifting holes and exterior joints within six feet of the
ground surface with an approved non - shrinking mortar. Test prior to placing the shelf and invert and
before filling and pointing the horizontal joints below 6 -ft of depth. Lower ground water table below
bottom of the manhole for the duration of the test. Plug all pipes and other openings into the manhole
and brace to prevent blow out.
C. Fill manhole with water to the top of the cone section. If the excavation has not been backfilled and
no water is observed moving down the surface of the manhole, the manhole is satisfactorily water-
tight. If the test, as described above is unsatisfactory as determined by the Engineer, or if the manhole
excavation has been backfilled, continue the test. A period of time may be permitted to allow for
absorption. Following this period, refill manhole to the top of the cone, if necessary and allow at least
eight hours to pass. At the end of the test period, refill the manhole to the top of the cone again,
measuring the volume of water added. Extrapolate the refill amount to a 24 -hour leakage rate. The
leakage for each manhole shall not exceed one gallon per vertical foot for a 24 -hour period. If the
manhole fails this requirement, but the leakage does not exceed three gallons per vertical foot per day,
repairs by approved methods may be made as directed by the Engineer. If leakage due to a defective
section of joint exceeds three gallons per vertical foot per day, the manhole shall be rejected. Uncover
the rejected manhole as necessary to disassemble, reconstruct or replace it as directed by the Engineer.
Retest the manhole and, if satisfactory, fill and paint the interior joints.
D. No adjustment in the leakage allowance will be made for unknown causes such as leaking plugs,
absorptions, etc. It will be assumed that all loss of water during the test is a result of leaks through the
joints or through the concrete.
E. An infiltration test may be substituted for an exfiltration test if the ground water table is above the
highest joint in the manhole. If there is no leakage into the manhole as determined by the Engineer,
the manhole will be considered water - tight. If the Engineer is not satisfied, testing shall be performed
as described hereinbefore.
3.03 CLEANING
A. Thoroughly clean all new manholes of all silt, debris and foreign matter of any kind, pnor to final
inspections.
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PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 02620
STEEL PIPE, FITTINGS AND SPECIALS
A. The Contractor shall furnish all labor, materials, equipment, and incidentals required to design and
install, complete, ready for operation all buried steel piping appurtenances which are not
specifically covered in other sections as shown on the Drawings and as specified herein.
B. Specific piping appurtenances included herein include only piping adaptors for steel to ductile iron
pipe. Steel casing pipe shall meet section 02222.
1.02 RELATED WORK
A. Trench Excavation, Backfill, Embedment and Encasement are included in Section 02221.
B. Trench Safety Requirements is specified in Section 01665.
C. Testing of Pipeline is specified in Section 01666.
1.03 SUBMITTALS
A. Submit shop drawings in accordance with Section 01300. Include dimensioning and technical
specifications for all piping, fittmgs and specials to be furnished.
B. The Contractor shall submit the following:
1. Detailed pipe drawings, specials and fittings.
2. Laying diagrams.
3. Quality assurance reports.
a. Quality assurance test reports for pipes, specials and fittings.
b. Quality control test reports for each production run of pipe, including production welds,
mill test reports of all steel plates, sheets and other materials used.
c. Submit the certified test reports for the following materials:
A4328S02620 doc
1) Steel as required by ASTM A572, Grade 42, ASTM A139, Grade C, or ASTM A53,
Grade B, depending upon the type of steel used in the fabrication or manufacture of
pipe.
2) Stainless steel bolts and nuts as required by ASTM A193 Grade B7.
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d. Submit hydrostatic test reports.
e. Submit welder's qualification certificates.
f. Submit affidavits of compliance from the manufacturer for the following:
1) Steel pipes, specials and fittings as required by AWWA C200.
2) Cement mortar protective lining as required by AWWA C205.
3) Tape coatings for the exterior of steel pipes, specials and fittings as required by
AWWA C209 and AWWA C214.
4) Field welding of steel water pipe as required by AWWA C206.
5) The affidavits of compliance shall be certified by a Registered Professional
Engineer.
g. Submit manufacturer's pipe installation guide.
h. Submit manufacturer's standard pipe repair procedure.
i. Submit manufacturer's written quality control procedures.
L04 REFERENCE STANDARDS
A. Steel pipe and fittings shall conform to all applicable standards of ASTM, ANSI, and AWWA.
B. The following AWWA standards shall apply to the furnishing and installation of all steel pipe:
A4326S02620,doo
AWWA
Standards
Title
C200 Steel Water Pipe, 6 - Inches and Larger
C203 Coal -Tar Protective Coatings and Linings for Steel Water Pipelines -
Enamel and Tape - Hot Applied
C206 Field Welding of Steel Water Pipe
C207 Steel Pipe Flanges for Waterworks Service - Sizes 4 - Inch through 144 - Inch
C208 Dimensions for Fabncated Steel Water Pipe Fittings
C209 Cold- Applied Tape Coatings for the Exterior of Special Sections,
Connections, and Fittings for Steel Water Pipelines
C214 Tape Coating Systems for the Exterior of Steel Water Pipelines
Ml l Steel Pipe - A Guide for Design and Installation
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C. Where reference is made to one of the above standards, the revision in effect at the time of bid
opening shall supply.
1.05 SYSTEM DESCRIPTION
A. General
1. Piping Adaptors for steel to ductile iron pipe are specified herein.
B. Design Requirements
A4326002620 doc
1. Pipe and fittings shall be designed in compliance with AWWA M11 to withstand the most
critical simultaneous application of extemal loads and internal pressures under design
conditions as follows:
a. Internal Loading
1) Design Pressure shall be 150 psi, except where shown on the Drawings to be 200 psi.
2) Surge allowance shall be 50 percent of design pressure.
3) Test pressure shall be 125 percent of design pressure, measured at the lowest point of
the section being tested.
4) Water temperature - 90 °F maximum, 40 °F minimum.
b. External Loading for Buried Piping
1) Earth load shall be for cover and bedding conditions shown on the Drawings. Earth
load shall be calculated based on the trench method. Trench width is assumed to be
that giving the maximum load on the pipe (transition width). Pipe to be installed in
casings shall be designed for full live load and soil backfill without recognition of
casing.
2) Extemal live load for pipe in streets, alleys, driveways, parking lots and other paved
areas shall be equivalent to AASHTO HS -20 for two trucks passing.
3) Pipe within railroad right -of -way shall be designed for Coopers E -80 loading
conditions.
c. Maximum Working Stress
1) The stress due to design pressure shall be no greater than 50 percent of the minimum
yield strength. However, regardless of the yield strength of the steel, the maximum
combined stress based on design pressure shall never exceed 21,000 psi.
2) The shop hydrostatic test pressure shall stress the pipe to 75% of the minimum
specified yield strength of the steel used.
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d. Modulus of soil reaction (E) < 1000 psi.
e. Unit weight of fill (w) > 120 pcf.
f. Deflection lag factor (DI) = 1.0.
g. Bedding constant (K) = 0.100.
h. Maximum deflection = 3% of the pipe diameter for field lined pipe or for shop lined pipe.
Maximum deflection shall be calculated using moment of inertia of steel section of pipe
wall and cement mortar lining per AWWA M11.
i. Wall thickness of the steel pipe shall be determined based on design condition intemal
pressure and external loads and minimum thickness for handling, all determined per
AWWA M11, except that the D/t for handling shall be 240.
J•
Pipe Lengths. In general, steel pipe for underground installation shall be fabricated in
manufacturer's standard joint lengths, but not longer than 50 feet.
1.06 HANDLING, STORAGE AND SHIPPING
A. All pipe and fittings shall be loaded, transported, unloaded and otherwise handled in a manner and
by methods that will prevent damage of any kind. Pipe shall be handled and transported with
equipment designed, constructed and arranged to prevent damage to the pipe, lining and coating.
Bare chains, hooks, metal bars, or narrow skids or cradles will not be permitted to come in contact
with the coatings.
B. Cross braces or stulls shall be installed horizontally and/or vertically by the manufacturer, as
needed at intervals proposed by the manufacturer and approved by the Engineer prior to shipping,
in each Joint of pipe to eliminate possible damage due to excessive deflection. Spiders shall be
installed by the manufacturer in the joint ends of all fittings. Stulls shall remain in place,
horizontally and vertically positioned at all times during storage and shipping, and until all welding,
backfilling and compaction has been completed. Under application of trench backftll and external
loads, the decrease in any diameter of the pipe shall not exceed the deflection criteria as set forth in
Paragraph 1.05 B.1.h of this specification. Otherwise, the pipe joint shall be excavated and relaid
with new pipe to meet this requirement.
C. Coated pipe shall be shipped on padded bunks with nylon belt tie -down straps or padded banding
located approximately over stulling.
D. Coated pipe shall be stored on padded skids, sand or dirt berms, sand bags, old tires or other
suitable means so that coating will not be damaged.
E. Coated pipe shall be handled with wide belt slings. Chains, cables or other equipment likely to
cause damage to the pipe or coating shall not be used.
F. Prior to shipment, the pipe shall be visually inspected by the manufacturer for damage to the
coating by the following procedure:
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1. When visual inspection shows a portion of the polyethylene tape system has sustained
physical damage, the area in question may be subjected to an electrical holiday test to 11,180
volts.
2. When the area is tested and there are no holidays or tearing of the material (only wnnkling or
bruising), then the area shall be noted OK and shipped with no patching required.
3. When the damaged area has a tearing of the material, the damaged layer (or layers) of
outerwrap shall be removed by carefully cutting with a sharp razor -type utility knife. The area
shall then be wiped clean and dry with a rag and a patch of polyethylene repair tape, cut to
sufficient size to overlay at least 4- inches of sound material in each direction, shall be applied.
4. When the damaged area does show damage going clear to steel from either a visual inspection
or a beep from a holiday detector, expose the innerwrap of black polyethylene tape and cut
back the damaged layers leaving a smooth surface. The area shall then be wiped clean and dry
with a rag and a coat of primer shall be applied to the area. When the primer is tacky, apply a
patch of polyethylene repair tape of sufficient size to completely cover the damaged area, plus
a minimum overlap of 4- inches beyond the first patch on a clean, dry surface.
5. Repair tape and primer shall conform to AWWA C209 Standard and the tape shall be 35 mil
high tack polyethylene tape compatible with the original tape system.
6. All damaged areas discovered by the visual inspections shall be documented in writing to the
Engineer, with adequate explanation to document the location and nature of the damage as
well as the repair procedure.
1.07 PROJECT /SITE REQUIREMENTS
A. Existing Conditions and Field Verifications
1. The locations of existing underground utilities are shown in an approximate way only and
have not been independently verified by the Owner or his representatives. The Contractor
shall determine the exact location of all existing utilities before commencing work and agrees
to be fully responsible for any and all damage which might be occasioned by the Contractor's
failure to exactly locate and preserve any and all underground utilities. Field verify the exact
location and elevation of all utilities, pipelines, structures, etc., shown on the drawings prior to
commencing work.
PART 2: PRODUCTS
2.01 GENERAL
A. All steel pipes shall be fumished by a single manufacturer who is fully expenenced, reputable, and
qualified in the manufacture of the steel pipe to be fumished.
Pipe shall be the product of one manufacturer which has had not less than five (5) years successful
experience manufacturing pipe of the particular type and size indicated. Pipe manufacturing
operations (pipe, fittings, lining, coating, and joints) shall be performed at one (1) location. The
manufacturer's plant shall be certified under S.P.F.A. quality certification program for steel pipe
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and accessory manufacturing.
2.02 WELDED STEEL PIPE 1
A. Furnishing and installation of welded steel pipe shall conform to standards specified in Paragraph
1.04.
B. Inspection. The quality of all materials, the process of manufacture, and the finished pipe shall be
subject to inspection and approval by the Engineer, or other representative of the Owner. Such
inspection may be made at the place of manufacture, or on the work after delivery, or at both
places, and the pipe shall be subject to rejection at any time due to failure to meet any of the
Specification requirements, even though sample pipes may have been accepted as satisfactory at the
place of manufacture. Pipe rejected after delivery shall be marked for identification and shall be
removed from the site at once.
C. Design Conditions
1. Pipes and fittings shall be designated as specified in Item 1.05.B.
2. Expansion and Contraction: In addition to the criteria set forth in Item 1.05.B, all Welded
Steel pipe, fittings and specials laid underground shall be designed and installed to safely
resist all resulting stresses, of whatever nature, that can occur from expansion and contraction
due to temperature changes from 40 °F minimum to 90 °F maximum.
a. Contractor Responsibility: The Contractor shall have total responsibility for the design
and installation of expansion and contraction joint systems that will protect the various
pipelines against excessive movement, failures, breakage, buckling, valve body fractures,
and line ruptures. General requirements are as shown in the plans and details and shall be
in conformity with the stipulations made hereinafter.
D. Fittings and Specials
1. Fittings and specials shall comply with the requirements of AWWA Ml 1 Chapters 9 and 13,
AWWA C208, as shown on the Drawings and as specified herein.
2. Fittings shall be fabricated of steel plate having a thickness equal to or greater than the
nominal thickness of the same diameter steel pipe. Center line of bend radii shall be 2.5 times
the pipe diameter unless shown otherwise in the Drawings. Deflection angles shall not exceed
22.5 degrees per section.
1
3.
Reinforcement. Buried pipe steel plate fittings shall have wire fabric reinforcement applied to
the interior surfaces to accommodate the application of cement mortar lining per AWWA
C205. Fabric shall have a maximum spacing of 2- inches by 4- inches and shall be a minimum
WI welded -wire fabric, held 3/8 -inch from the surfaces of the steel plate or within the middle
third of the lining thickness for mortar less than 3/4 -inch in thickness.
4. Fittings, Lining and Coating. All fittings and special pieces shall be cement mortar lined and
tape coated or painted as specified. Pipe openings in the steel liner shall be mortar coated on
all inside surfaces. The mortar lining thickness shall be as specified in AWWA C205 or
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A4326S02620.doc
C602. The steel cylinder shall be covered with a tape coating system or painted if exposed to
view. ; •., u .
E. Mortar Linings and Coatings
1. All welded steel pipe, sized 4 -inch through 66 -inch diameter, shall be supplied with shop
applied cement mortar linings. All buried pipe shall be tape coated in the plant. All piping
exposed to view shall be painted on the exterior as specified herein. The Contractor shall
obtain from the manufacturer and furnish to the Engineer an affidavit that all linings and
coatings comply with the applicable requirements of this Section. Specific details applicable
are:
a. Shop applied mortar protective lings shall be in accordance with AWWA C205.
2. Shop Applied Cement Mortar Lining. Cement mortar lining shall be applied by centnfugally
spinning. Miters, angles, bends, reducers, and other specials shall be lined with mortar
applied by hand troweling, mechanical placement, or a method obtaining equivalent results.
Linings shall have minimum thickness set forth in AWWA C205. Pipe with flanged ends
shall have mortar lining placed unbroken throughout to the flange face. On pipe sections
having a single - welded lap joint, provide the pipe with linings cutback from the joint end to
facilitate jointing and welding of the pipe. These cutbacks shall be such that a gap no more
than two to four inches will result when the bell and spigot are engaged.
3. Tape Coating. All buried pipe shall be field or shop coated and wrapped outside with
prefabricated multi - layer cold - applied polyethylene tape coating in accordance with AWWA
C214. The total thickness of coating shall be 80 mils consisting of: primer, 20 mil inner layer
(lapped 3/4 -inch) for corrosion protection, and two 30 mil outer layers for mechanical
protection. Fittings shall be coated and wrapped outside with prefabricated multi -layer cold -
applied polyethylene tape coating in accordance with AWWA C209. The total thickness of
coating shall be 70 mils consisting of: primer and two wraps of 35 mil tape. The primer shall
be manufactured and applied as recommended by the tape coating manufacturer, Polyken or
approved equal, to ensure singular responsibility for the tape coating system.
F. Pipe Joints
1. Pipe joints shall be the type indicated on the Drawings and as specified. Three approved types
of pipe joints are as follows:
a. Flanged joints shall be used on all pipe, fittings and specials on welded steel piping
exposed in vaults and on buned pipe systems to connect valves and appurtenances. Butt
straps may be used where necessary to facilitate installation.
b. Field welded joints for buried steel pipes shall be full- fillet single lap- welded type joint
that develops the strength of the adjacent pipe wall.
c. Steel pipe less than 72 -inch diameter may utilize rolled grooved rubber gasket joints per
AWWA M11.
2. Butt weld type joints, having beveled ends for field welding, will be permitted only when
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A4326S02620 doc
indicated on the Drawings and will require approval from the Engineer.
G. Pipe Appurtenance
1. Flanges. Comply with AWWA C207 and the pressure classes shown in the following table.
Attach flanges to pipe with bolt holes straddling the vertical and horizontal centerlines.
Additional flanged joints may be added by the Contractor, at no additional cost, to facilitate
fabrication, handling, transportation and field assembly.
Pipeline Design Pressure
Rating (including Surge)
0 - 150 psi
151 -275 psi
Flange Pressure
Rating
Class D
Class E
2. Flange Bolts and Nuts. In buned locations, flange bolts and nuts shall be stainless steel Type
316 or 404, furnished in size and number stipulated in AWWA C207. For interior locations,
flange bolts and nuts shall be as required by AWWA C207.
3. Gaskets. Gaskets to be full -face for use with flat face flanges and ring type for use with raised
face flanges. Gasket matenal for water service pipes shall be cloth inserted rubber sheet, 1/8-
inch thick or red rubber, ASTM D1330, Grade 1, 1/8 -inch thick. The 0 -ring joint rubber
gasket shall conform to AWWA C200.
4. Mechanical Couplings. Mechanical compression couplings designed to provide a stress
relieving flexible joint shall consist of a cylindrical sleeve, two gaskets, two follower rings and
a set of bolts and nuts.
a. Sleeve. ASTM A53, ASTM A512 or carbon steel having a minimum yield of 30,000 psi.
Minimum sleeve length shall be five inches for pipe 12- inches and smaller, seven inches
for pipe 14- inches to 24- inches, and 10- inches for pipe larger than 24- inches.
b. Follower Rings. Malleable iron ASTM A47, Grade 23510, Ductile Iron ASTM A536,
AISI C 1015 Steel or AISI C 1018 Steel.
c. Bolts and Nuts. Buried bolts and nuts shall be type 316 or 304 stainless steel. Non -
buned bolts and nuts shall be high strength low alloy steel with heavy, semi - finished
hexagon nuts.
d. Gaskets. Shall be of synthetic rubber suitable for operating conditions.
e. Finish. Epoxy coating per AWWA C -210.
f. Manufacturer. Dresser Style 39, Rockwell Series 411, or approved equal.
5. Joint Harness. When specified or indicated on the Drawings, reinforce steel coupled joints
with a hamess of bolts as follows:
a. Bolts shall span the steel coupling connecting to steel lugs. Bolts shall be stainless steel
per Paragraph G.2 above.
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H. Welded Joints
A4026s02620,doc
b. Lugs shall be either welded to the pipe'or to a sleeve, which is welded to the pipe.
c. Bolt length and lug placement shall permit steel coupling to be slipped in one direction to
clear joint.
d. Anchor lugs and the number and size of tie rods shall be designed in accordance with
AWWA Manual M11.
e. Buried Couplings. Mechanical couplings which are to be installed underground, and the
adjacent exposed pipe surfaces, shall be reprimed after installation, and tape coated with
polyethylene tape per AWWA C209.
1. Pipe joints shall be full - fillet lap- welded slip type in accordance with AWWA C206 and M11,
latest edition. In accordance with AWWA C206, the Contractor shall make provisions in
welded joints for thermal temperature variations during construction. Either automatic or
hand welders may be used at the Contractor's option. Prior to work being started, the
Contractor shall provide proof of certification of qualification for all welders employed on the
project for the type of work, procedures and positions involved. Qualification shall be in
accordance with AWWA C206. Ensure complete penetration of deposited metal with base
metal. The filler metal must be suitable for use with the base metal. The inside of fittings and
joints must be free from globules of weld metal which would restrict the flow or become
loose.
2. On bell- and - spigot lap- welded slip joints, deflection may be taken at the joint by pulling a
joint up to 3/4 inch as long as 10-inch minimum lap is maintained. The bell end may be miter
cut to taken deflections up to 5 degrees as long as proper joint tolerances are maintained.
3. Align piping and equipment so that no part is offset more than 1/8 inch. Set all fittings and
joints square and true, and preserve alignment during welding operation.
4. Welding rods shall be of type compatible with the metal to be welded to obtain the strongest
bond.
5. Field welding shall be either manual or automatic at the Contractor's option.
a. Manual Welds. The metal shall be deposited in successive layers so that there will be at
least 2 passes or beads in the completed welds. No more than 1/4 inch of metal shall be
deposited on each pass. Each individual pass, including the final one, shall be thoroughly
cleaned by wire brushing and/or hammering to remove dirt, slag or flux.
b. Automatic welds shall provide a single pass 3/8 inch fillet weld that fully develops the
strength of the adjacent joints of pipe.
6. Welding shall not be performed under any weather condition that would impair the strength of
the weld, such as wet surface, rain or snow, dust or high winds, unless the work is properly
protected.
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7. Tack welds, if used, must be of the same material and made by the same procedure as the
completed weld. Otherwise, remove tack welds dunng welding operation.
8. Remove dirt, scale, and other foreign matter from inside piping before tying -in sections,
fittings, or valves.
9. Tests of compliance with the Specifications will be made and paid for by the Owner. Lap
weld joints shall be tested in accordance with ASTM E164 (Ultrasonic Inspection Method),
ASTM E165 (Liquid Penetrant Inspection Method) or Air Test at 10 p.s.i. using pipe
manufacturer's recommended procedure, subject to Engineer's approval. If defective weld is
revealed, the cost of the repair and testing of the repair will be paid for by the Contractor. The
Engineer shall have full authority as to the suitability of all weld tests and test methods.
I. Bell and spigot wall fittings shall be supplied with adequate bracing to keep them round and true
during transportation and installation.
J. Restrained joints, where used in lieu of thrust blocks or at locations as indicated on the Drawings or
as directed by the Engineer, shall be a single lap welded slip joint per Section 8.1 of AWWA M11.
K. Radii for curved sections as specified on the Drawings may be produced by joint deflection up to
that recommended by manufacturer and approved by Engineer. Deflections required which are in
excess of those recommendations shall be produced by beveling on both ends of the pipe.
L. Access manhole branch out and rungs shall be per the detail shown on the Drawings.
2.03 DIELECTRIC CONNECTORS
A. Dielectric pipe fittings/insulators and unions shall be used to prevent galvanic action wherever
valves or piping of dissimilar metals connect. This shall be particularly the case for copper, brass
and bronze piping connecting to cast iron or steel piping systems.
B. Dielectric unions shall be used for 2 - in and smaller connections. Steel union nuts shall meet ASTM
A575 requirements. The steel or ductile iron connection end shall have a steel body and shall have
accurately machined taper tapped pipe threads in accordance with ANSI B2.1. The copper
connection end shall be a copper solder joint that meets requirements of ASTM B88. Dielectric
unions shall be rated for at least 250 psi at 210 °F.
C. Dielectric flange unions shall be used for connections 22 - m and larger. Cast iron flanges shall meet
ASTM Al26; the copper solder end shall meet ASTM B62 and the pipe thread shall meet ANSI
B2.1. Dielectric flange unions shall be rated for at least 175 psi at 210 °F.
D. Dielectric unions and flange unions shall be as manufactured by Epco Inc., Cleveland, OH or equal.
E. Flange insulating kits shall be as acceptable to the Engineer, as manufactured by PSI or equal.
F. Insulated sleeve couplings and flange adaptors shall be similar to those units as specified elsewhere.
A4326502620 doc
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PART 3: EXECUTION
3.01 LAYING BURIED STEEL PIPE AND FITTINGS.
A. Care shall be taken during loading, transportation, and unloading to prevent injury to the pipe,
fittings, or coatings. Pipe or fittings shall not be dropped. All pipe and fittings shall be thoroughly
cleaned before laying, and when laid shall conform to the lines and grades shown on the Drawings.
B. The Contractor shall regulate his equipment and construction operation such that the loading on the
pipe does not exceed the load for which the pipe is designed and manufactured.
C. The methods of jointing the pipe shall be in strict conformance to AWWA M11 and these
specifications.
D. As soon as excavation is completed to subgrade depth, the Contractor shall place bedding material
per Section 02221 in the trench. The pipe shall then be firmly bedded in the bedding material to
conform to the line and grade indicated on the Drawings. Bedding material shall be compacted to
give complete vertical and lateral support for the pipe. Take all necessary precautions to prevent
damage to the pipe and coating during consolidation.
E. The interior joints of the pipe not subject to in -place cement mortar lining shall be filled with
mortar. Nonshrinking grout shall be employed, consisting of one part by volume of cement, 1 ❑
parts by volume of well graded coarse concrete sand meeting the requirements of ASTM C33, and
1/4 part by volume of EMBECO, or approved equal. The mixture shall have a dry, crumbly
consistency and shall be pounded into place and troweled to make a smooth joint.
F. All pipe shall be sound and clean before laying. When laying is not in progress, including lunch
time, the open ends of the pipe shall be closed by watertight plug or other approved means. Good
alignment shall be preserved in laying. The deflections at joints shall not exceed that recommended
by the manufacturer. Fittings, in addition to those shown on the Drawings, shall be provided, if
required, in crossing utilities which may be encountered upon opening the trench.
G. Furnish and install temporary bulkheads if needed in each line for hydrostatic testing. Contractor
shall remove the temporary bulkheads after the proposed lines are accepted. Fumish and install
manways for removal of test plugs. The Contractor shall install necessary taps on the existing lines
for filling the new lines for hydrostatic testing.
3.02 CLEANING OF BURIED PIPELINES.
A. At the conclusion of the work, the Contractor shall thoroughly clean all of the new pipelines by
flushing with water or other means to remove all dirt, stones, pieces of wood or other material
which may have entered during the construction period. Debns cleaned form the lines shall be
removed from the lowest manhole. If, after this cleaning, obstructions remain, they shall be
removed.
B. After the pipelines are cleaned and if the groundwater level is above the pipe, or following a heavy
rain, the Engineer will examine the pipe for leaks. If defective pipes or joints are discovered at this
time, they shall be repaired or replaced by the Contractor.
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3.03 CONNECTIONS WITH EXISTING PIPES
A. Connections to existing pipes shall be made using suitable joints and fittings for the conditions
encountered. Each connection with an existing pipe shall be made at the time and under conditions
which will least interfere with service to customers affected thereby and as authorized by the
Owner.
B. Facilities shall be provided for dewatering and for disposal of all water removed from the
dewatered lines and excavations without damage to adjacent property.
C. Existing valves may leak when in the closed position. Contractor shall provide whatever means
and equipment necessary to control water during construction.
A4326S02620 doc
END OF SECTION
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1 B. Pipe and fittings shall be as manufactured by the American Cast Iron Pipe Company, U.S. Pipe and
Foundry Company, Clow Corp., or approved equal.
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PART 1: GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required and install all ductile iron piping,
ductile iron fittings, and appurtenances as shown on the Drawings and as specified herein.
1.02 DESCRIPTION OF SYSTEMS
A. Install piping in locations shown on the Drawings.
B. The equipment and materials specified is intended to be standard types of ductile iron pipe and
ductile iron fittings for use in transporting raw water.
1.03 QUALIFICATIONS
A. All of the ductile iron pipe and ductile iron fittings shall be furnished by manufacturers who are
fully experienced, reputable, and qualified in the manufacture of the materials to be furnished. The
pipe and fittings shall be designed, produced and installed in compliance with the best practices and
methods and shall comply with these Specifications as applicable.
1.04 SUBMITTALS
SECTION 02630
DUCTILE IRON PIPE
A. Submit to the Owner within 30 days after execution of the Contract a list of materials to be
famished, the names of the suppliers and the date of delivery of materials to the site.
B. Shop Drawings, including piping layouts within, under or between structures, shall be submitted to
the Engineer for approval m compliance with Section 01300, and shall include dimensioning,
methods and locations of supports and all other pertinent technical specifications for all piping to be
furnished.
1.05 REFERENCE STANDARDS
A. American National Standards Institute (ANSI):
A4326S02630 doc
1. ANSI A21.4: Cement - Mortar Lining for Ductile -Iron and Gray -Iron Pipe and Fittings for
Water.
2. ANSI A21.10: Gray -Iron and Ductile -Iron Fittings, 3 -in. through 48 -in. for Water and Other
Liquids.
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3. ANSI A21.11: Rubber - Gasketed Joints for Ductile -Iron and Gray -Iron Pressure Pipe and
Fittings.
4. ANSI A21.15: Flanged Cast -Iron and Ductile -Iron Pipe with Threaded Flanges.
5. ANSI A21.51: Ductile -Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds,
for Water or Other Liquids.
6. ANSI B16.1: Cast Iron Pipe Flanges and Flanged Fittings, Class 25, 125, 250 and 800.
B. American Water Works Association (AWWA):
1. AWWA C600: Installation of Ductile -Iron Water Mains and their Appurtenances.
1.06 JOB CONDITIONS
A. Pipe shall be restrained ductile iron pipe with minimum working pressure of 250 psi for 30"
diameter pipe. The minimum pressure rating of all fittings and joints shall be 250 psi.
B. Buried joints shall be push -on or mechanical joint type unless shown otherwise on the Drawings.
C. Fittings shall be ductile iron.
1.07 RELATED WORK
A. Trench Excavation, Backfill, Embedment and Encasement are included in Section 02221.
B. Trench Safety Requirements is specified in Section 01665.
C. Testing of Pipelines is specified in Section 01666.
PART 2: PRODUCTS
2.01 DUCTILE IRON PIPE
A. Ductile iron pipe shall conform to ANSI A21.51 (AWWA C151).
2.02 FITTINGS
A. Ductile iron fittings shall conform to ANSI A21.10 (AWWA C110).
2.03 JOINTS
A. Mechanical joints and push -on joints shall conform to ANSI A21.11 (AWWA C111).
B. Restrained joints shall be "Flex- Ring" or "Lok- Ring" by American Cast Iron Pipe Company, "TR
Flex" by U.S. Pipe Company, "Super- Lock" by Clow Corporation, or approved equal.
A4326S02630
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2.04 COATINGS AND LININGS
A. All pipe and fittings shall have a cement mortar lining and asphaltic seal coat on the inside in
accordance with ANSI A21.4 (AWWA C104). All pipe and fittings shall have an asphalt coatmg
on the outside in accordance with ANSI A21.51 (AWWA C151).
2.05 IDENTIFICATION
A. Each length of pipe and each fitting shall be marked with name of manufacturer, pipe diameter and
pressure class. All gaskets shall be marked with name of manufacturer, size, and proper insertion
direction.
2.06 POLYETHYLENE ENCASEMENT
A. All pipe and fittings installed below ground shall be encased in an 8 mil polyethylene encasement
conforming to ANSI A21.5 (AWWA C105), Class C.
PART 3: EXECUTION
3.01 HANDLING PIPE AND FITTINGS
A. Care shall be taken in loading, transporting, and unloading to prevent injury to the pipe or coatings.
Pipe or fittings shall not be dropped. All pipe or fittings shall be examined before laying, and no
piece shall be installed which is defective. Damage to the pipe coatings shall be repaired as directed
by the Owner.
B. All pipe and fittings shall be subjected to a careful inspection and hammer test just pnor to being
laid or installed.
C. Pipe found to be defective after it has been laid, shall be removed and replaced with sound pipe at
no additional expense to the Owner. All pipe and fittings shall be thoroughly cleaned before laying,
shall be kept clean until they are used in the work, and when installed or laid, shall comply with the
lines and grades required.
3.02 INSTALLATION OF BURIED PIPE AND FITTINGS IN TRENCH
A. Install ductile iron pipe and fittings in compliance with requirements of AWWA C600, except as
otherwise provided. A firm, even bearing throughout the length of the pipe shall be provided by
placing bedding material under, around and over the pipe as shown on the Drawings and as
specified in Section 02221. Blocking will not be permitted.
B. Maintain proper alignment in laying. The deflection at joints shall not exceed 75 percent of that
recommended by manufacturer. Fittings in addition to those shown on the Drawings shall be
provided, if required, in crossing utilities which may be encountered upon opening the trench,
crossing ditches, making connections to other piping, and other similar situations. Solid sleeves
shall be used only where approved by the Owner.
C. When cutting pipe is required, the cutting shall be by machine, leaving a smooth cut at right angles
to the axis of the pipe. Ends of cut pipe to be used with a push -on Joint bell shall be beveled to
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comply with the manufactured spigot end. Cement lining shall be undamaged.
D. There shall be on hand at the start of the job, at least one extra 1/32 bend and one extra 1/16 bend
for each size of pipe. These shall be used as job conditions require.
E. Provide joint restraint per AWWA guidelines, using friction coefficient = 0.25, at all conditions
listed in paragraph 3.06 of Section 02221 and other locations as directed by the Owner or shown on
the Drawings. Except where otherwise shown on the Drawings, provide mechanical joint restraint
as specified.
F. Jointing Ductile Iron Pipe
A4326502630
1. Push-on joints shall be made in strict compliance with the manufacturer's instructions. Pipe
shall be laid with bell ends looking in the direction of flow. A rubber gasket shall be inserted
in the groove of the bell end of the pipe, and the joint surfaces cleaned and lubricated. The
plain end of the pipe to be entered shall then be inserted in alignment with the bell of the pipe
to which it is to be joined, and pushed home with a jack or by other acceptable means. After
joining the pipe, a metal feeler shall be used to ascertain that the rubber gasket is correctly
located.
2. Mechanical joints at valves, fittings, and where designated shall be in compliance with the
"Notes on Method of Installation" under ANSI A21.11 and the instructions of the manu-
facturer. To assemble the joints in the field, thoroughly clean the joint surfaces and rubber
gasket with soapy water before tightening the bolts. Bolts shall be tightened to the specified
torques. Under no condition shall extension wrenches, pipe-over-handle, or ratchet wrench be
used to secure greater leverage.
3. Flanged joints shall be made using ring gaskets of rubber with cloth insertion. Gaskets 12 -inch
in diameter and smaller shall be 1/16 -inch thick; larger than 12 -inch, 3/32 -inch thick. Flanged
joints shall be made with bolts, bolt studs with a nut on each end, or studs with nuts where the
flange is tapped. The number and size of bolts shall comply with ANSI A 21.10. Bolts and
nuts shall be, except as otherwise specified or noted on the Drawings, stainless steel Type 316
or 404. Bolt studs and studs shall be of the same quality as machine bolts.
a. Bolts in flanged joints or mechanical joints shall be tightened altemately and evenly.
b. Flanged joints and flexible couplings below final ground level shall be protected by
protective wrapping consisting of "Denso" material, or approved equal waterproofing
material.
c. Where "Denso" material is used, the joint shall be packed up with "Densyl mastic" to
give an even contour for wrapping with "Densopol" Tape. A 1.5 mm thick coating of
"Denso" paste shall be applied, followed by 100 mm or wider " Densopol" tape wound
spirally around the joint with at least 50 percent overlap. The first and last complete turn
of the wrapping shall be wound perpendicularly around the pipe at a distance not less
than 100 mm from either side of the joint.
d. On completion of the protective wrapping at the joints, the whole length of pipe external
protective wrapping will be examined with a Holiday Detector (to be supplied by the
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A4326502630
Contractor at his own expense) in the presence of the Engineer and all defects shall be
corrected.
4. Prior to installation of sleeve type couplings, the pipe ends shall be cleaned thoroughly for a
distance of 8- inches. Soapy water may be used as a gasket lubricant. A follower and gasket, in
that order, shall be slipped over each pipe to a distance of about 6- inches from the end, and the
middle ring shall be placed on the already laid pipe end until it is properly centered over the
joint. The other pipe end shall be inserted into the middle ring and brought to proper position
in relation to the pipe already laid. The gaskets and followers shall then be pressed evenly and
firmly into the middle ring flares. After the bolts have been inserted and all nuts have been
made up fingertight, diametrically opposite nuts shall be progressively and uniformly
tightened all around the joint, preferably by use of a torque wrench of the appropriate size and
torque for the bolts. The correct torque as indicated by a torque wrench shall not exceed 75
foot - pounds for 5/8 -inch bolts and 90 foot - pounds for 3/4 -inch bolts.
5. If a wrench other than a torque wrench is used, it shall be no longer than I2 -inch, so when
used by the average man the above torque values shall not be exceeded. After assembly and
inspection and before being backfilled, all exterior surfaces of buried sleeve -type couplings,
including the middle and follower rings, bolts and nuts, shall be heavily and thoroughly coated
with an approved heavy- bodied bituminous mastic. Care shall be taken and appropriate
devices used to ensure that the underside, as well as the more readily accessible parts, is well
coated.
6. Where flanged pipe joints are to be on either side of a sleeve -type coupling in the piping,
sleeve - coupling bolts shall not be made up until the flanged joints have first been made.
7. To prevent sleeve -type couplings from pulling apart under pressure, provide and install a
suitable flange clamp assembly where shown on the Drawings.
8. All valves, hydrants, fittings and other appurtenances needed upon the pipe lines shall be set
and jointed as indicated on the Drawings or as required.
3.03 INSTALLATION OF BURIED PIPE IN CASING
A. Heavy duty jacks suitable for forcing the carrier pipe through the casing pipe shall be provided. In
operating jacks, even pressure shall be applied to all jacks used. A suitable jacking head, usually of
timber, and suitable bracing between jacks and jacking head shall be provided so that pressure will
be applied to the carrier pipe uniformly around the ring of the carrier pipe. A suitable jacking frame
or back stop shall be provided. The carrier pipe to be jacked shall be set on guides, properly braced
together, to support the section of the carrier pipe and to direct it in the proper line and grade. The
whole jacking assembly shall be placed so as to line up with the direction and grade of the pipe.
B. The carrier pipe shall preferably be jacked from the low or downstream end. Lateral and vertical
variation in the final position of the carrier pipe from the line and grade established by the Engineer
will be permitted only to the extent of one (1) inch in 10 feet laterally and vertically, provided that
such variation shall be regular and continuous only (no bows or reverse curve sections) in one
direction and that the final grade of flow line shall be in the direction indicated on the Drawings.
C. Any casing or carrier pipe damaged in jacking operations shall be removed and replaced by the
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Contractor at his entire expense.
3.04 INSTALLING CARRIER PIPE
A. After the casing has been completely installed, the Contractor shall thoroughly clean the casing
interior. He shall place the carrier pipe within the casing using wooden skids, steel rails, or casing
spacer insulators, whichever is shown on the Drawings. These methods, or modifications thereof, if
approved by the Engineer, shall be employed for the construction of all cased crossings.
B. The Contractor shall conduct the required leakage test on the carrier pipe. Any leaks which are
discovered during the testing phase shall be repaired to the satisfaction of the Engineer.
C. The carrier pipe shall be installed to the exact line and grade required within the casing.
3.05 FIELD TESTING AND CORRECTION OF DEFICIENCIES
A. All equipment, pipe and appurtenances shall be repaired or replaced and the tests repeated at the
Contractor's expense until the pipe, appurtenances and equipment are in satisfactory compliance
with these Contract Documents in the judgment of the Engineer. Refer to Section 01666 for other
requirements.
3.06 CLEANUP
A. During installation, the interior of all pipe, fittings and other accessories shall be kept free from dirt
and foreign matter at all times. If, in the opinion of the Engineer, the pipe contains dirt or foreign
matter that could not be removed during the flushing operation, the interior of the pipe shall be
cleaned and swabbed with a bactericidal solution. When pipe laying is not in progress, open ends
of pipe shall be sealed with watertight plugs. If water has accumulated in the trench, the seal shall
remain in place until trench -water has been removed to such an extent that it will not enter the pipe.
B. After completion of hydrostatic pressure tests the pipeline shall be flushed, as thoroughly as
possible with water pressure and outlets available. If feasible, flushing rate should develop a
velocity in the pipeline of at least 2.5 fps. Since it is usually difficult to secure this minimum
velocity in pipelines over 16 inches in diameter, requirements of Paragraph A above shall be rigidly
enforced for larger sizes of pipe. The minimum quantity of water used for flushing shall be in
excess of the storage capacity of the pipeline, to insure that clean water has traversed the entire
length of line. In addition, flushing shall continue until all apparent dirt and foreign matter has been
removed from the pipeline.
M326502630 don
END OF SECTION
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PART 1: GENERAL
1.01 SCOPE OF WORK
SECTION 02640
VALVES, HYDRANTS AND APPURTENANCES
A. Furnish all labor, materials, equipment and incidentals required to provide all buried valves, valves in
manholes and underground vaults, hydrants and appurtenances complete with actuators and all
accessories as shown on the Drawings and as specified herein.
1.02 RELATED WORK
A. Trench Excavation, Embedment, Backfill, and Encasement are included in Section 02221.
B. Buried Ductile Iron Pipe is included in Section 02630.
1.03 SUBMITTALS
A. Submit materials required to establish compliance with these Specifications. Submittals shall include
the following:
1. Manufacturer's literature, illustrations, specifications and engineering data including:
a. Dimensions.
b. Size.
c. Materials of construction.
d. Weight.
e. Protection coating.
B. Test Reports
I. Four copies of all certified shop test results specified herein.
C. Operation and Maintenance Manuals
1. Submit complete operation and maintenance manuals including copies of all approved Shop
Drawings.
D. Certificates
1. Certificates of compliance where required by referenced standards: For each valve specified to
be manufactured and/or installed in accordance with AWWA and other standards, submit an
A4326S02640 HOC
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1.04 REFERENCE STANDARDS
A. Comply with applicable provisions and recommendations of the following, except as otherwise shown
or specified.
B. American Water Works Association (AWWA)
1. AWWA C500 - Gate Valves, 3 -inch through 48 -inch NPS, for Water and Sewage Systems.
2. AWWA C502 - Dry- Barrel Fire Hydrants.
3. AWWA C504 - Rubber - Seated Butterfly Valves.
4. AWWA C509 - Resilient- Seated Gate Valves, 3 -inch through 12 -inch NPS, for Water and
Sewage Systems.
C. American National Standards Institute (ANSI)
1. ANSI B16.1 - Cast -Iron Pipe Flanges and Flanged Fittings.
2. ANSI C111 - Rubber - Gasket Joints for Ductile -Iron and Gray -Iron Pressure Pipe and Fittings.
D. American Society for Testing and Materials (ASTM)
1. ASTM A48 - Gray Iron Castings.
2. ASTM Al26 - Gray Iran Castings for Valves, Flanges and Pipe Fittings
3. ASTM A153 - Zinc Coating (Hot - Dip) on Iron and Steel Hardware
4. ASTM A276 - Standard Specification for Stainless and Heat Resisting Steel Bars and Shapes.
5. ASTM A536 - Ductile Iron Castings.
E. Steel Structures Painting Council (SSPC)
1. SSPC SP -6 - Commercial Blast Cleaning
F. Where reference is made to one of the above standards, the revision in effect at the time of bid
opening shall apply.
A4325502640 DOC
affidavit of compliance with the appropriate standards, including certified results of required
tests, and certification of proper installation.
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1.05 QUALITY ASSURANCE
A. Manufacturer's Qualifications
*4326502640 OOC
Valves, hydrants and appurtenances provided under this Section shall be the standard product in
regular production by manufacturers whose products have proven reliable in similar service for
at least five years. If required, the manufacturer shall furnish evidence of installation in
satisfactory operation.
2. All units of the same type shall be the product of one manufacturer.
B. Design Criteria
1. All valves, hydrants and appurtenances shall be new and in perfect working condition. Valves
shall be designed for continuous use with a minimum of maintenance and service required and
shall perform the required function without exceeding the safe limits for stress, strain or
vibration. In no case will used or damaged valves be acceptable. The selection of equipment to
meet the specified design conditions is the responsibility of the Contractor. Both workmanship
and material shall be of the very best quality and shall be entirely suitable for the service
conditions specified.
C. Source Quality Control
1. Valves shall be shop tested in accordance with the following:
a. Gate valves: AWWA C500.
•
b. Rubber - seated butterfly valves: AWWA C504.
2. Obtain each type of valve from no more than one manufacturer.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver materials to the site to ensure uninterrupted progress of the work.
B. Protect threads and seats from corrosion and damage. Rising stems and exposed stem valves shall be
coated with a protective oil film which shall be maintained until time of use.
C. Furnish covers for all openings.
1. All valves 3- inches and larger shall be shipped and stored on -site until time of use with wood or
plywood covers on each valve end.
2. All valves smaller than 3- inches shall be shipped and stored as above, except that heavy card
board covers may be furnished instead of wood.
D. Store equipment to permit easy access for inspection and identification. Any corrosion in evidence at
the time of Owner acceptance shall be removed, or the valve shall be removed from the fob.
E. Store all equipment in covered storage off the ground.
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1.07 COORDINATION
A. Review installation procedures under other Sections and coordinate with the work which is related to
this Section including buried piping installation and site utilities.
B. Contractor shall coordinate the location and placement of restrained joints and/or concrete thrust
blocks when required.
PART 2: PRODUCTS
2.01 GENERAL
A. All buned valves shall open counter - clockwise.
B. The use of a manufacturer's name and/or model or catalog number is for the purpose of establishing
the standard of quality and general configuration desired.
C. Valves shall be of the size shown on the Drawings or as noted, and as far as possible equipment of the
same type shall be identical and from one manufacturer.
D. Valves shall have the name of the maker, nominal size, flow directional arrows, working pressure for
which they are designed and standard to which they are manufactured cast in raised letters on some
appropriate part of the body.
E. Unless otherwise noted, valves shall have a minimum working pressure of 150 psi or be of the same
working pressure as the pipe they connect to, whichever is higher, and suitable for the pressures noted
where they are installed.
F. Valves shall be of the same nominal diameter as the pipe or fittings they are connected to. Except as
otherwise noted, joints shall be mechanical joints, with joint restraint where the adjacent piping is
required to be restrained.
G. Valves shall be especially constructed for buried service.
2.02 VALVE BOXES
A. All gate and butterfly valves shall be provided with extension shafts, operating nuts and valve boxes
as follows:
A4326502640 DOC
1. Extension shafts shall be Type 304 stainless steel and the operating nut shall be 2- inches square.
Shafts shall be designed to provide a factor of safety of not less than four. Operating nuts shall
be pinned to the shafts.
2. Top of the operating nut shall be located 2- inches below the rim of the valve box.
3. Valve boxes shall be as manufactured by American Flow Control; Clow; Mueller, Tyler;
Western Iron Works; or approved equal, and shall be a heavy -pattern cast iron, three - piece,
telescoping type box with dome base suitable for installation on the buried valves. Inside
diameter shall be at least 5!1/4 inches. Barrel length shall be adapted to the depth of cover with a
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Relocate Two 30 -Inch Raw Waterlines
lap of at least 6- inches when in the most extended position. Covers shall be cast iron with
integrally cast direction-to-open arrow. Aluminum or plastic are not acceptable. A means of
lateral support for the valve extension shafts shall be provided in the top portion of the valve
box.
4. The upper section of each box shall have a bottom flange of sufficient bearing area to prevent
settling. The bottom of the lower section shall enclose the stuffing box and operating nut of the
valve and shall be oval.
5. All fasteners shall be Type 304 stainless steel.
2.03 RESILIENT SEATED GATE VALVES
A. Valves shall be manufactured in accordance with AWWA C509, by American Flow Control; Clow; or
Mueller, as modified herein.
B. Valves shall be provided with a minimum of two 0-ring stem seals.
C. Bonnet and gland bolts and nuts shall be either fabricated from a low alloy -steel for corrosion
resistance or electroplated with zinc or cadmium. The hot -dip process in accordance with ASTM
A153 is not acceptable.
D. Wedges shall be totally encapsulated.
E. Units shall be, in addition, UL and FM approved.
2.04 TAPPING SADDLES AND TAPPING VALVES
A. Tapping saddles shall be of ductile iron, designated for working pressure not less than 200 psi.
Saddles shall be as manufactured by American Cast Iron Pipe Company, U.S. Pipe and Foundry
Company, Clow Corp., or approved equal. Straps shall be alloy steel, 1/4" x 1/2" in cross section and
fabricated with 3/4" threaded ends. Sealing of saddle shall be provided by a confined "O- Ring" SBR
rubber gasket, circular in cross section and made of rubber approximately 70 Durometer Hardness.
B. Tapping valves shall conform to the requirements specified above for gate valves, except that one end
shall be flanged and one mechanical, or with two flanged ends as shown on the Drawings. Tapping
valves shall be provided with an oversized opening to permit the use of full size cutters.
2.05 BUTTERFLY VALVES
A. Valves shall be manufactured in strict accordance with AWWA C -504. Valves shall be bubble tight
at rated pressures. Valve discs shall rotate 90 degrees from full closed to open. Operators shall be
assembled to the valve by the valve manufacturer. The valve /operator shall be tested as a complete
assembly by the valve manufacturer. The manufacturer shall have produced AWWA butterfly valves
for a minimum of five years.
B. Valve bodies shall be constructed of cast iron ASTM Al26 Class B. Valves in vaults shall be flanged.
Flange drilling shall be in accordance with ANSI B16.1, Class 150. Laying length shall be short
body as listed in AWWA C -504. Buried valves shall be mechanical joint end conforming to ANSI
C111.
A4326502640 DOC
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C. Valve discs shall be constructed of cast iron ASTM Al26 or A48, ductile iron ASTM A536. Disc
edge shall be either Ni- chrome or Type 316 stainless steel.
D. Rubber valve seats shall be Buna -N. The seat shall be located in the valve body. If seat retaining
hardware such as screws and segments are used they shall be monel. If screws are used, monel plugs
shall be affixed in the valve body and tapped to receive these screws.
E. Valve shafts shall be Type 304 stainless steel, ASTM A276, and shall be of a diameter not less than
those listed in AWWA C504, Class 150B.
F. Shaft seals shall be furnished where the shaft projects through the valve body. Shaft seals shall be
standard split -v type packing.
G. Valves shall be fitted with sleeve type bearings contained in the trunnions of the valve body. Bearing
material shall be nylon for valves through 20 -inch and fiberglass with teflon lining for valves 24
inches and larger.
H. Valve manufacturer shall furnish and mount operator suitable for buried service. Operators shall be
self - locking and suitable for submergence to 20 feet. A 2 square operating nut shall be furnished.
Operator stops shall be capable of withstanding an input of 450 ft -lbs.
I. All valves shall be hydrostatically and leak tested.
J. Valve class shall be AWWA Class 150B with operators sized for bi- directional flow.
K. Valves shall be manufactured by one of the following:
1. Henry Pratt Company
2. American Flow Control
3. DeZurik
4. Mueller
2.06 FIRE HYDRANTS
A. Fire hydrants shall be dry- barrel type conforming to the requirements of AWWA C502. Hydrants
shall be designed such that the hydrant valve closes with line pressure preventing loss of water and
consequent flooding in the event of traffic damage.
B. Hydrants shall have 6 -inch mechanical joint inlet connections, two 2 1/2 -inch hose connections and
one 4 1/2 -inch pumper connection. Threads for the hose and pumper connections shall be in
accordance with National Standard Thread. Hydrants shall be according to manufacturer's standard
pattern. Hydrants shall be equipped with "O" -ring packing. Each nozzle cap shall be provided with a
Buna -N rubber washer.
C. Hydrants shall be arranged so that the direction of outlets may be turned 90 degrees without
interference with the drip mechanism or obstructing the discharge from any outlet.
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D. A bronze or rustproof steel nut and check nut shall be provided to hold the main hydrant valve on its
stem.
E. Hydrant valve opening shall have an area at least equal to that area of a 5 4 -inch minimum diameter
circle and be obstructed only by the valve rod. Each hydrant shall be able to deliver 500 gallons
minimum through its two 2 %2 -inch hose nozzles when opened together with a loss of not more than 2
psi in the hydrant.
F. Hydrants shall be designed for installation in a trench that will provide minimum cover as noted on
Drawings. Hydrant extensions shall be as manufactured by the company fumishing the hydrants and
of a style appropriate for the hydrants as furnished.
G. Hydrants shall open by tuming operating nut to left (counterclockwise) and shall be marked with a
raised arrow and the word "open" to indicate the direction to turn stem to open hydrant.
H. Hydrants shall be furnished with caps, double galvanized steel hose cap chain, galvanized steel
pumper hose cap chain, a galvanized steel chain holder and any other hooks and/or appurtenances
required for proper use.
I. Hydrant operating nut shall be AWWA Standard pentagonal type measuring 1 '/s -inch point to flat.
J. Hydrants shall be hydrostatically tested as specified in AWWA C502.
K. Hydrants shall be manufactured by the following:
1. Kennedy
2. American Flow Control
3. Clow Medallion
L. All iron work to be set below ground, after being thoroughly cleaned, shall be painted with two coats
of asphalt vamish specified in AWWA C502. Iron work to be left above ground shall be shop painted
with two coats of paint of quality and color to correspond to the present standard of the Owner.
2.07 CORPORATION STOPS
A. Corporation stops shall be brass with Mueller -type threads, not less than 1 -inch in diameter and shall
be installed where shown, specified or required.
B. Provide corporation stops as manufactured by the following:
I. Mueller Company, Figure H- 10003.
2.08 COMBINATION AIR -VACUUM RELIEF VALVES
A. The combination air - vacuum release valves shall be installed as shown on the Drawings. The valve
body shall be of cast iron ASTM Al26 -B; the floats, float guide, and stem shall be of Type 316
stainless steel. The resilient seat shall be of Buna N. The valve shall be suitable for 150 psig working
A4326002540 DOc
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City of Round Rock
Relocate Two 30 -Inch Raw Waterlines
pressure. Valve shall have standard NPT inlets and outlet ports with diameters as indicated on the
Drawings.
B. Valves shall be kinetic type as manufactured by GA Industries, Inc., Model 945; APCO, Model No.
147C; or Engineer approved equal.
2.09 FLEXIBLE COUPLINGS
A. Flexible couplings shall be the sleeve type as shown on the Drawings.
1. Hamessed sleeve type couplings shall be used with all underground piping as noted on the
Drawings.
2. The couplings shall be of steel and shall be Dresser Style 38, Smith Blair Style 413, Baker
Allsteel, or approved equal. The coupling shall be provided with hot dipped galvanized steel
bolts and nuts, unless otherwise indicated.
3. All couplings shall be furnished with the pipe stop removed.
4. Couplings shall be provided with gaskets of a composition suitable for exposure to the liquid
within the pipe.
2.10 HARNESSING AND RESTRAINT
A. Where harnessed couplings or adapters are noted, they shall conform to AWWA Manual M11, except
as modified by the Drawings or this Specification.
B. Unless otherwise noted, size and material for tie rods, clamps, plates and hex nuts shall be as shown
on the Drawings, or, if not shown on the Drawings, shall be as required in AWWA Manual M11.
Manufactured restraining clamp assemblies shall be as manufactured by Stellar Corporation,
Columbus, OH, or fabricated equal.
C. Restrained joints (such as welded, locking mechanical joints) shall be of the type specified with the
individual type of pipe. If not specified, restrained (locking) mechanical joint pipe shall be of the
manufacturer's standard design utilizing a locking device (ring or ears) integrally cast with the pipe.
D. The following shall be used to restrain mechanical joint valves to restrained joint pipe:
A4326S02640 DOC
1. The optional mechanical joint restraints shall be incorporated in the design of a follower gland.
The gland shall be manufactured of ductile iron conforming to ASTM A536. Dimensions of the
gland shall be such that it can be used with the standardized mechanical joint bell and tee -head
bolts as specified with the pipe.
2. The restraint mechanism shall consist of numerous individually activated gripping surfaces to
maximize restraint capability. The gnpping surfaces shall be wedges designed to spread the
bearing surfaces on the pipe. Twist -off nuts, sized same as tee -head bolts, shall be used to
ensure proper actuating of restraining devices. When the nut is sheared off, standard hex nut
shall remain.
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Relocate Two 30 -Inch Raw Waterlines
PART 3: EXECUTION
3.01 INSPECTION AND PREPARATION
M326002640 DOC
3. The mechanical joint restraint device for ductile iron pipe shall have a working pressure of at
least 250 pounds per square inch with a minimum safety factor of 2:1.
4. The mechanical joint restraint devices shall be of the type listed below or equal.
5. For Ductile Iron Pipe: EBAA Iron, Inc. Megalug 1100 Series.
2.11 SURFACE PREPARATION AND SHOP COATINGS
A. The interior ferrous metal surfaces, except finished or bearing surfaces, shall be blast cleaned in
accordance with SSPC SP -6 and painted with two coats of an approved two-component coal tar epoxy
coating specifically formulated for potable water use. The coating used must appear on the current
edition of the United States Environmental Protection Agency's list entitled "Accepted Categories and
Subcategories of Coatings, Liners and Paints for Potable Water Usage."
B. Exterior ferrous metal surfaces of all buried valves and hydrants shall be blast cleaned in accordance
with SSPC SP -6 and given two shop coats of a heavy coal tar enamel or an approved two - component
coal tar epoxy paint.
A. During installation of all valves, hydrants and appurtenances, the Contractor shall verify that all items
are clean, free of defects in material and workmanship and function properly.
B. All valves shall be closed and kept closed until otherwise directed by the Engineer.
3.02 INSTALLATION OF BURIED VALVES AND VALVE BOXES
A. Buried valves shall be cleaned and manually operated before installation. Buried valves and valve
boxes shall be set with the stem vertically aligned in the center of the valve box. Valves shall be set
on a firm foundation and supported by tamping pipe bedding material under the sides of the valve.
The valve box shall be supported during backfilling and maintained in vertical alignment with the top
flush with finish grade. The valve box shall be set so as not to transmit traffic loads to the valve.
B. Before backfilling, all exposed portions of any bolts shall be coated with two coats of bituminous paint
comparable to Bitumastic No. 50 by Kop -Coat, Inc.
C. Install valve floorstand operators with stainless steel bolts.
3.03 INSTALLATION OF TAPPING SLEEVES AND VALVES
A. The proper authority shall be contacted and their permission granted prior to tapping a "live" line.
The required procedures and time table shall be followed exactly.
B. Installation shall be made under pressure and flow shall be maintained in the line being tapped. The
diameters of the tap shall be a minimum of 1/4 - inch less than the inside diameter of the branch line.
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Relocate Two 30 -Inch Raw Waterlines
C. The entire operation shall be conducted by workers experienced in the installation of tapping sleeves
and valves. The tapping machine shall be furnished by the Contractor.
D. Determine the location of the line to be tapped to confirm that the proposed location will be
satisfactory and that no interference will be encountered such as joints or fittings. No tap or sleeve
will be made closer than three feet from a pipe joint.
E. Tapping sleeve and valve with boxes shall be set squarely centered on the line to be tapped. Adequate
support shall be provided under the sleeve and valve during the tapping operation. Thrust blocks or
other permanent restraint acceptable to the Engineer shall be provided behind all tapping sleeves.
Proper tamping of supporting pipe bedding material around and under the valve and sleeve is
mandatory for buried installations.
F. After completing the tap, the valve shall be flushed to ensure that the valve seat is clean. All proper
regulatory procedures (including disinfection) shall be followed exactly.
3.04 INSTALLATION OF FIRE HYDRANTS
A. Fire hydrants shall be set at the locations as shown on the Drawings and bedded on a firm foundation.
Hydrants and connecting pipe shall have at least the same depth of cover as the distributing pipe. A
drainage pit as detailed on the Drawings shall be filled with screened gravel and compacted. The
hydrants shall be set upon a slab of concrete not Less than 4- inches thick and 1 5-inches square. During
backfilling, additional screened gravel shall be brought up around and 6- inches over the drain port.
Each hydrant shall be set in true vertical alignment and properly braced.
B. Concrete thrust blocks shall be placed between the back of the hydrant inlet and undisturbed soil at the
end of the trench. Minimum bearing area shall be as shown on the Drawings. Felt roofing paper shall
be placed around hydrant elbow before placing concrete. CARE SHALL BE TAKEN TO ENSURE
THAT CONCRETE DOES NOT PLUG THE DRAIN PORTS.
C. The hydrant shall be tied to the pipe with suitable rods or clamps, galvanized, painted, or otherwise
rustproof treated. Hydrant paint shall be touched up as required after installation.
D. Fire hydrants shall be painted in accordance with Owner's standard practice.
3.05 FIELD TESTS AND ADJUSTMENTS
A. Conduct a functional field test of each valve, including actuators and valve control equipment, in
presence of Engineer to demonstrate that each part and all components together function correctly.
All testing equipment required shall be provided by the Contractor.
A4326502540 DOC
END OF SECTION
02640 -10
10/14/02
RESOLUTION NO. R- 02- 12- 19 -9D10
WHEREAS, the City of Round Rock has duly advertised for bids for
the Water Improvements Project to relocate two 30 -inch raw water lines
near D.B. Woods Road, and
WHEREAS, Benitez Construction Company, Inc. has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Benitez
Construction Company, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Benitez Construction Company, Inc.
for the Water Improvements Project to relocate two 30 -inch raw water
lines near D.B. Woods Road.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 19th day of December •002
ATTEST
,e
CHRISTINE R. MARTINEZ, City Secretary
s, OOMR\ WORLL OX\ 0I\HUOX \RESOL1JTI \R21219
WELL, Mayor
City of Round Rock, Texas
S-
Bid Tabulation
Raw Water line @ D.B. Wood and Cedar Brake Road
November, 2002
Benitez Construction Co., Inc. $211,778.00
Chasco Contracting $288,897.00
Commercial Consolidated, Inc. $417,231.00
Martin K. Eby Construction Co., Inc. $436,679.00
Water Improvements
Relocate 2 -30" Raw Water Lines
,ril' ROUND ROCK TIYAS
..--
S \GRAPHICS \COUNCIL AGENDA ITEMS \ENGINEERING \RAW WATER PUMP STATION
DATE: December 13, 2002
SUBJECT: City Council Meeting — December 19, 2002
Resource: Jim Nuse, Chief of Operations /Assistant City Manager
Tom Clark, Director of Utilities
Don Rundell, Chief Utility Engineer
ITEM: 9.D.10. Consider a resolution authorizing the Mayor to execute a contract
with Benitez Construction Company, Inc. for a Water Improvements
Project to relocate two 30 -inch raw water lines near D.B. Woods
Road.
History: Williamson County is constructing road improvements on D.B. Woods Road. The
construction activities will cross over the City's 30 -inch Raw Water Line in one
location and the City's parallel 30 -inch Raw Water Line in two locations requiring
the lowering of approximately 500 linear feet of our Raw Water Lines.
We requested and received quotes from four (4) contractors for this work. There were
Chasco, Eby, CCI and Benitez. These quotes were $288,000.00, $437,000.00,
$417,000.00 and $211,778.00 respectfully.
Due to the aggressive schedule of Williamson County's Road Projects we had to
forgo the formal bidding process to ensure the health and safety of our water
customers.
Funding:
Cost: $211,778.00
Source of funds: Capital Project Funds (Self - Financed Utility)
Outside Resources: Benitez Construction Company, Inc.
ImpactBenefit: To protect our existing lake water supply and to minimize the potential of a
critical water outage.
Public Comment: N/A
Sponsor: N/A