Loading...
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 1 1 -1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF ROUND ROCK 11 C D R o m • ■ • • •� w O " t ..)‘ - • 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- THIS PAGE LEFT BLANK INTENTIONALLY 1 w 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 10/24/2002 THIS PAGE LEFT BLANK INTENTIONALLY 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 10/22/2002 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. A4326500100 doc 00100 -3 10/22/2002 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. A4326500100 doc 00100 -4 10/22/2002 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 10/2212002 THIS PAGE LEFT BLANK INTENTIONALLY 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 A4320500320 doc 00320 -1 10/24/2002 THIS PAGE LEFT BLANK INTENTIONALLY 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 1 1 130 160 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 0 p N 3 in C as 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. 00700 - 42 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 00800 -1 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326S00800 doc 00800 -2 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4328S00800,doC 00800 -3 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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: A4326500800 doo 00800 -4 $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 10!2412002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines SC -5.05. (1) Bodily Injury $1,000,000 Each Person . $1,000,000 Each Accident A4326500800 dac 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. 00800 -5 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326500800,d00 00800 -6 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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. A4320000800 doe 00800 -7 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326500800 doc 00800 -8 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. AC326500800400 00800 -9 10/24/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326S00800.doc 00800 -10 10/2412002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 54326000800 doc 00800 -11 10/24/2002 8077 -36854 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 A4326S00800 doc 00800 -12 10/24/2002 8077 -36854 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. A4326S00800 doc END OF SECTION 00800 -13 10/24/2002 THIS PAGE LEFT BLANK INTENTIONALLY 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 1 1 1 1 1 1 1 , 1 1 1 1 1 1 1 1 1 1 1 WAIS Document Retrieval * 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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: 00840 -1 10/22/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 00840 -2 10/22/2002 8077 -36854 City of Round Rock 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. 00840 -3 10/22/2002 8077 -36854 City of Round Rock 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 10/22/2002 8077 -36854 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. 00840 -5 10/22/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 00840 -6 10/22/2002 8077 -36854 City of Round Rock 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. 00840 -7 10/22/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines A4326000840 doc 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 00840 -8 10/22/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 01005 -1 9/19/2002 9077-36854 City of Round Rock Relocate Two 30•Inch Raw Waterlines A4326S01005,doe 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 01005 -2 9/19/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326501010 500 01010 -1 10/312002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326501010 doc 01010 -2 10/3/2002 Bon -36854 City of Round Rock ' Relocate Two 30 -Inch Raw Waterlines 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 1 1 1 1 1 1 A4326501010doc 01010 -3 10/3/2002 THIS PAGE LEFT BLANK INTENTIONALLY 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326S01015 doc 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 01015 -1 9/39/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4325S01015 doc 01015 -2 9/30/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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, A4326501015 don 01015 -3 9/30/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4328S01015.doc 01015 -4 0/30/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4320001015,900 01015 -5 9/30/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326S01015 doc 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. 01015 -6 100/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines C. Changes in Location of Proposed Utilities A4326S01015 doe 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 01015 -7 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines A4326S01015 doc 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 101142002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326S01016 duo 01016 -1 10/4/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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) A4326S01016doc END OF SECTION 01016 -2 10/4/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4320S01025 doc 01025 -1 10122/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 01025 -2 10/22102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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) A4326s01025,dac 01025 -3 10/22/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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.. 01025 -4 10/22/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Watedines 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 01025 -5 1025/02 THIS PAGE LEFT BLANK INTENTIONALLY 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 01300 -1 10/4/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 01300 -2 10/4/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326S01300 dac 01300 -3 10/4102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 01300 -4 1014102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326501300 dot 01300 -5 10/4102 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION A4326S01300 doc 01300 -6 10/4102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326001410 doc 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. 01410 -1 tarwro2 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 01410 -2 10/07/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A432es01am.doc 01410 -3 10107102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION A4326S01410 doc 01410-4 10/07/02 6077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines PART 1: GENERAL 1.01 REQUIREMENTS INCLUDED 1.03 DUST CONTROL 1.04 SURFACE WATER CONTROL A4326501560 doc 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. 01560 -1 10!4/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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) A4326501560 doc END OF SECTION 01560 -2 10140002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326501665 doc SECTION 01665 TRENCH SAFETY REQUIREMENTS 1. The Conformance Letter shall also describe the Trench Safety System techniques proposed to be used on the project. 01665 -1 10/4/2002 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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. A4326S01665 dot 01665 -2 1014/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326S01685 doc END OF SECTION 01665 -3 1014/2002 THIS PAGE LEFT BLANK INTENTIONALLY 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) A4326S02221.DOC 02221 -1 10/04/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326502221.0OC 02221 -2 10/04/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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% 02221 -3 10104/02 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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. A4326502221 DOC 02221 -4 10/04/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326302221 0OC 02221 -5 10/04/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326502221 DOC 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. 02221 -6 10/D4/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02221 -7 10/04/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02221 -8 10104/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02221 -9 10104/02 THIS PAGE LEFT BLANK INTENTIONALLY 8077 -36854 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 02223 -1 10114/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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, 02223 -2 10/14/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 10 /14102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02223-4 10/14/02 8077 -36854 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 02490 -1 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 10/4/2002 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 02490 -3 10/4/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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, 02490-4 10/4/2002 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 02490 -5 10/4/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02490 -6 10/4/2002 8077 -36854 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 02605 -1 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326302605doc 02605 -2 70!7!2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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: A4326502605 doc 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. 02605 -3 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. M320502505 doc 02605 -4 10/712002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326S02605 doc 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: 02605 -5 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4320502605 doo END OF SECTION 02605 -6 ton @002 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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. 02620 -1 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02620 -2 10/14!2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02620 -3 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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: A4326S02620 doc 02620 -4 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterhnes A4326502620 doc 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 02620 -5 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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 A4326S02620.doc 02620 -6 10/14/2002 8077-36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02620 -7 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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. 02620 -8 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02620 -9 10/14/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02620 -10 10114/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4328s02020 doc 02620 -11 10114/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02620 -12 10114/2002 1 1 1 1 1 1 1 1 1 1 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. 1 1 1 1 1 1 1 1 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02630 -1 10/712002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02630 -2 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 A4326S02630 02630 -3 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02630 -4 10m2002 8077-36854 City of Round Rock Relocate Two 30-Inch Raw Waterlines 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 02630 -5 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02630 -6 10/7/2002 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02640 -1 10/14/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02640 -2 10/14/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. 02640 -3 10/14/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02640 -4 10/14702 8077 -36854 City of Round Rock 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 02640 -5 INI4/02 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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. A4326602640 DOC 02640 -6 10/14102 8077 -36854 City of Round Rock Relocate Two 30 -Inch Raw Waterlines 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 02640 -7 10/14/02 8077 -36854 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. 02640 -8 10/14/02 8077 -36854 City of Round Rock 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. 02640 -9 10114,02 8077 -36854 City of Round Rock 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