Bushy Creek Wasterwater Interception - 12/1/1985e h
ESPEY, HUSTON & ASSOCIATES, INC.
Document No. 85705
EH &A Job No. 6565
•
BRUSHY CREEK
54-INCH WASTEWATER INTERCEPTOR
Prepared for:
City of Round Rock
Z14 E Main Street
Round Rock, Texas 78664
Prepared by:
Espey, Huston & Associates, Inc.
110 South Brown Street
P.O. Box 1269
Round Rock, Texas 78680
December, 1985
ANY DISPUTE ARISING OUT OF THESE
CONTRACT DOCUMENTS MAY BE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL
ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS
AMENDED. THE ARBITRATION PROCEDURES ARE SET
FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS.
TABLE OF CONTENTS
PAGE
BIDDING AND CONTRACT REQUIREMENTS
Table of Contents TC
Invitation to Bid IB -1
Instructions to Bidders IB -2
Bid Schedule B-1
Agreement A -1
Performance Bond PB -1
Payment Bond PB -3
General Conditions of Agreement GC -1
Supplementary Conditions (Modifications) 0800 -1
DIVISION 1 GENERAL REQUIREMENTS 01000 -1
Summary of Work 01010 -1
Work Sequence 01014 -1
Contractor Use of Premises 01015 -1
Owner Furnished Items 01018 -1
Special Project Procedures 01030 -1
Regulatory Requirements 01060 -1
Reference Standards 01090 -1
Measurement and Payment 01150 -1
Project Meetings 01200 -1
Shop Drawings, Product Data and Samples 01340 -1
Temporary Construction Facilities and Utilities 01510 -1
Work Space Fence r 01531 -1
Tree Protection 01532 -1
Protection of Work, Property and Persons 01540 -1
Workspace, Access Roads, 'Yards and Protected Areas' 01550 -1
TC
Temporary Erosion Controls and
Environmental Protection 01560 -1
Sandbag Berms 01561 -1
Silt Fences 01562 -1
Stabilized Construction Entrance 01564 -1
Traffic Regulation 01570 -1
Material and Equipment 01600 -1
DIVISION 2 - SITE WORK 02000 -1
Trenching, Embedment, Backfill and Compaction 02225 -1
Dewatering 02401 -1
Revegetation of Grasses 02480 -1
Trees 02491 -1
Sewer Manholes 02601 -1
Reinforced Concrete Wastewater Pipe 02612 -1
Texting of Pipeline 02650 -1
TC
PAGE
ESPEY, HUSTON & ASSOCIATES, INC.
110 South Brown Street
P.O. Box 1269
Round Rock, Texas 78680
(512) 244 -3885
INVITATION TO BID
Brushy Creek 54 -Inch
Wastewater Interceptor
Project No. 6565
December, 1985
You are invited to bid on the Brushy Creek Wastewater Interceptor. This
project consists of approximately 10,332 LF of reinforced concrete wastewater pipe
complete with all appurtenances. The Base Bid shall be for 54 inch diameter pipe
and appurtenances. Alternates numbered 1 and 2; shall be for 60 inch and 66 inch
diameter pipe and appurtenances, respectively. 4 -.
Project to be substantially completed within 200 calendar days from date
of The Notice to Proceed.
•
The City Manager, City of Roun Rock will receive bids for Brushy
Creek 54 -Inch Wastewater Interceptor until 2:00 p.m., January 16, 1986, at the
Municipal Building, 214 East Main Street, Round Rock, Texas. Bids received after
this time will not be accepted. All interested parties are invited to attend. Bids
will be opened publicly and read aloud immediately after specified closing time.
Drawings and Specifications may be examined without charge at the
Engineer's office at 110 South Brown Street, Round Rock, Texas 78680. Copies of
the above documents may be obtained at the office of the Engineer in accordance
with the Instructions to Bidders upon receipt of a one -time nonrefundable charge of
$40.00.
Bid security in the amount of five percent (5 %) must accompany each
Bid in accordance with the Instructions to Bidders.
The Owner reserves the right to waive irregularities and to reject bid.
IB -1
INSTRUCTIONS TO BIDDERS
Brushy Creek 54 -Inch
Wastewater Interceptor
Project No. 6565
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 Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract
Documents (including all Addenda issued prior to receipt of Bids).
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents in the number and for the
deposit sum, if any, stated in the Advertisement of Invitation to Bid may be
obtained from Engineer.
Z.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.
Z.3 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.
3. Qualifications of Bidders
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
by the OWNER. 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 the contract.
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
I6-2
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.
4.1.1 Bidders shall not enter any portion of the site within private property
unless accompanied by a representative of the OWNER. Bidders shall notify the
OWNER at least two business days prior to the date that the Bidder wishes to visit
the site within private property. The OWNER shall coordinate the site visit and
shall accompany the Bidder at the site.
42 Reference is made to the Supplementary Conditions for identification of:
42.1 those reports of explorations and tests of subsurface conditions at the
site which have been utilized by Engineer in preparation of the Contract Documents.
Bidder may rely upon the accuracy of the technical data contained in such reports
but not upon non - technical data, interpretations or opinions contained therien or for
the completeness thereof for the purposes of bidding or construction.
4.2.2 those drawings of physical conditions in or relating to existing surface
and subsurface conditions (except Underground Facilities) which are at or contiguous
to the site which have been utilized by Engineer in preparation of the Contract
Documents. Bidder may rely upon the accuracy of the technical data contained in
such drawings but not upon the completeness thereof for the purposes of bidding or
construction.
Copies of such reports and drawings will be made available by Engineer to any
Bidder on request. Those reports and drawings are not part of the Contract
Documents, but the technical data contained therein upon which Bidder is entitled
to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by
reference. Such technical data has been identified and established in the
Supplem ent ary Conditions.
4.3 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.
4.4 Provisions concerning responsibilities for the adequacy of data furnished
to prospective Bidders on subsurface conditions, underground facilities and other
physical conditions, and possible changes in the Contract Documents due to differing
conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.
IB -3
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make
or obtain any additional examinations, investigations, explorations, tests and studies
and obtain any additional information and data which pertain to the physical
conditions (surface, subsurface and Underground Facilities) at or contiguous to the
site .or otherwise which may affect cost, progress, performance or furnishing of the
Work and which Bidder deems necessary to determine its Bid for performing and
furnishing the Work in accordance with the time, price and other terms and
conditions of the Contract Documents. a 9
4.6 On request in advance, Owner will provide each Bider access to the site
to conducet such explorations and, tests as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes, clean up and restore the rte to its
former condition upon completion of such explorations.
4.7 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.
4.8 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 may be 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.
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.
Questions received less than ten days prior to the date for opening of Bids may not
be answered. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect.
52 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
I5-4
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 Bid price and in the form of a
certified check or a Bid Bond (on form attached, if a form is prescribed) issued by a
surety meeting the requirements of Paragraph 5.1 of the General Conditions.
62 The Bid security of the Successful Bidder will be retained until such
Bidder has executed the Agreement and furnished 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
fifteen days after the Notice of Award, Owner may annul the Notice of Award and
the Bid security of that Bidder will be forfeited. The Bid security 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 ninety-first 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.
7. Contract Time.
The numbers of days within which, or the dates by which, the Work is to be
substantially completed and also completed and ready for final payment (the
Contract Time) are set forth in the Bid Form and the Agreement.
8. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Agreement.
9. Substitute or 'Or-Equal" Items.
The Contract, if awarded, will be on the basis of materials and equipment described
in the Drawings or specified in the Specifications without consideration of possible
substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified
in the Specifications that a substitute or 'or- equal" item of material or equipment
may be furnished or used by Contractor if acceptable to Engineer, application for
such acceptance will not be considered by Engineer until after the Effective Date of
the Agreement. The procedure for submission of any such application by Contractor
and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.72 and 6.7.3 of the
General Conditions and may be supplemented in the General Requirements.
I13-5
10. Subcontractors, Suppliers and Others.
103 The Bidder shall submit a tabulation of subcontractors with the Bid an
the form provided, in addition to other data as follows:
102 If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers and other persons and organizations (including those who
are to furnish the principal items of material and equipment) to be submitted to
Owner in advance of the specified date prior to the Effective Date of the Agrement,
the apparent Successful Bidder, and any other Bidder so requested, shall within
seven days after the Bid opening submit to owner a list of all such Subcontractors,
Suppliers and other persons and organizations proposed for those portions of the
Work for which such identification is required. Such list shall be accompanied by an
: experience statement with pertinent information regarding similar projects and
other evidence of qualification for each such Subcontractor, Supplier, person or
organization if requested by Owner. If Owner or Engineer after due investigation
has reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, either may, before the Notice of Award, is given request the apparent
Successful Bidder to submit an acceptable substitute without an increase in Bid
price.
If apparent Successful Bidder declines to make any such substitution, Owner may
award the contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers and other persons and organizations. The declining to
make requested substitutions will not constitute grounds for sacrificing the Bid
security of any Bidder. Any Subcontractor, Supplier, other person or organization
listed and to whom Owner or Engineer does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable to Owner and Engineer
subject to revocation of such acceptance after the Effective Date of the Agreement
as provided in Paragraph 6.8.2 of the General Conditions.
103 In contracts where the Contract Price is on the basis of Cost-of -the-
Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall
identify in writing to Owner those portions of the Work that such Bidder proposes to
subcontract and after the Notice of Award may only subcontract other portions of
the Work with Owner's written consent.
10.4 No Contractor shall be required to employ any Subcontractor, Supplier,
other person or organization against whom Contractor has reasonable objection.
11. Bid Form.
112
The Bid Form is included with the Bidding Documents.
All blanks on the Bid Form must be completed in ink or by typewriter.
IB-6
11.3 Bids by corporations must be executed in the corporate name by the
president or 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 assitant secretary. The corporation `address and' state of
incorporation must be shown below the signature:
11.4 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. 4
11.5 AU names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the Bid
must be shown.
1Z. Submission of Bids
Bids shall be submitted at the time and place indicated in the Advertisement or
Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with
the Project title (and, if applicable, the designated portion of the Project for which
the Bid is submitted) 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.
13. Modification and Withdrawal of Bids.
13.1 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.
132 If, within twenty -four hours after Bids are opened, any Bidder files a
duly signed, written notice with Owner and promptly thereafer 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 security
will be returned. Thereafter, that Bidder will be disqualified from further bidding
on the Work to be provided under the Contract Documents.
IB-7
14. Opening of Bids.
Bids will be opened and (unless obviously non-responsive) read aloud publicly. An
abstract of the amounts of the base Bids and major alternates (if any) will be made
available to Bidders within seven days after the date of opening.
15. Bids to Remain Subject to Acceptance.
The apparent successful bid and the next two lowest bids will remain subject to
acceptance for ninety days after the day of the Bid opening. All other bids will be
released and the Bid security returned within seven days. Owner may, in its sole
discretion, release any Bid and return the Bid security prior to that date.
16. Award of Contract.
16.1 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, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves
the right to reject the Bid or 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 in the multiplication of units of Work and unit prices will be resolved
in favor of the unit prices. Discrepancies between the indicated sum of any column
of figures and the correct sum thereof will be resolved in favor of the correct sum.
162 In evaluating Bids, Owner will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or prior
to the Notice of Award.
16.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as provided in the Supplementary Conditions.
Owner also may consider the operating costs, maintenance requirements,
performance data and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is required to be submitted
prior to the Notice of Award.
16.4 Owner may conduct such investigations as Owner deems necessary to
asist in the evaluation of any Bid and to establish the responsibility, qualifications
and financial ability of Bidders, proposed Subcontractors, Suppliers and other
IB-8
persons and organizations to perform and furnish the Work in accordance with the
Contract Documents to Owner's aatisifaction within the prescribed time.
16.5 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
interests of the Project.
16.6 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.
17. Contract Security.
Paragraph 5.1 of the General Conditions and the Supplementary conditions set 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.
18. 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 10 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 ten
days thereafter Owner shall deliver one fully signed couterpart to contractor. Each
counterpart is to be accompanied by a complete set of the Drawings with
appropriate identification.
19. Sales and Use Taxes.
Owner is exempt from certain State and Local Sales Taxes on materials and
equipment to be incorporated in the work. Said taxes shall not be included in the
Contract price. Refer to Supplementary Conditions SC -6.15 for additional
information.
20. Retainage.
Provisions concerning retainage and Contractors' rights to deposit securities in lieu
of retainage are set forth in the Agreement.
IB-9
•
THIS BID 1S SUBMITTED TO
Mayor and City Council
The City of Round Rock
214 E Main Street
Round Rock, Texas 78680
PROJECT IDENTIFICATION: Brushy Meek 54 - 1nch Wastewater Interceptor
CONTRACT IDENTffiCATION AND NUMBER: 656
� A
1. The undersigned BIDDER proposes and agrees, if this Bid h accepted, to
enter into an Agreement with OWNER in the form included in the
Contract Documents to complete all Work as specified or indicated in
the Contract Documents for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Instructions to
Bidders, including without limitation those dealing with the disposition of
Bid Security. This Bid will remain open for thirty (30) days after the day
of Bid opening. BIDDER will sign the Agreement and submit the
Contract Security and other documents required by the Contract
Documents within ten (10) days following its presentation.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the
Agreement, that:
(a) BIDDER has examined copies of all the Contract Documents and of
the following addenda:
Date JAS 10,
(receipt of all of which is hereby acknowledged and also copies of
the Advertisement of Invitation to Bid and the Instructions to
Bidders;
(b) BIDDER has examined the site and locality where the Work is to be
performed, the legal requirements (federal, state and local laws,
ordinances, rules and regulations) and the conditions affecting cost,
progress or performance of the Work and has made such indepen-
dent investigations as BIDDER deems necessary;
Numb 1
(c) Thia Bid is genuine and not made in the of or
any undisclosed person, ' firm or corporation e and t is nor submitted in
conformity with any agreement or rules of any group, association,
organisation or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid;
BIDDER has not solicited or induced any person, firm or corpora-
tion to refrain from bidding; and BIDDER has Dot *sought by
collusion to obtain for himself any advantage over any other
BIDDER or over OWNER; and
4. BIDDER will complete the Work for the following price(s).
(a) UNIT PRICES AS INDICATED IN BID SCHEDULE.
R_7
5. BIDDER agrees that the pork will be substantially completed within
Z00 calendar days from the date of the Notice to Proceed and completed
within 230 calendar days after the date when the Contract Time
commences to run.
BIDDER accepts the provisions of the Agreement as to Liquidated
Damages in the event of failure to complete the Work on time.
6. The following documents are attached to and made • condition of this
Bid:
SUBMITTED on
(a) Required Bid Security to the form of (Cashier's or Certified
Check or Bid Bond) .
(b) A tabulation of Subcontractors and other persons and organizations
required to be identified in this Bid.
(c) Required Bidders Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
.t
8. The terms used in this Bid which are defined in the General Conditions of
the Construction Contract included as part of the Contract Documents
bave,the meanings assigned to them in the General Conditions.
B -3
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If BIDDER is:
An Individual
By
6 tiPCY, HUSTON 0 ASSOCIATES, INC
doing business as
Business address:
Phone No.
A Partnership
By
Business address:
Phone No.
By
dividual's Name)
(Firm Name)
(General Partner)
A Corporation
By �itf) tkiE C. (4t SC L /}'rFh .1
(Corporation Name)
(S ate of Incorporation)
a of ;- . •n Authorized to Sign 1 9 9 Iuk
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h I$KY, HUSTON a ASSOCIATES, INC.
(Corporate Sea
Attest
Business address:
Phone No.
A Joint Venture
By
By
secretar
'776r Cht f ' CA.gc e
/ a - `7 7- 788Y
(Name)
(Address)
(Name)
Address
B -5
(Each joint venturer must sign. The manger of signing for each individual,
partnership and corporation that is a party to the joint venture should be in the
manner indicated above.)
Mayor and City Council
City of Round Rock
214 E Main Street
Round Rock, Texas 78680
c/o Espey, Huston & Associates, Inc.
110 South Brown Street
P.O. Box 1269
Round Rock, Texas 78680
Dear Sir:
BID SCHEDULE
December, 1985
The undersigned, in compliance with your invitation for bids for con-
struction of Brush Creek 54 inch Wastewater Interceptor, having examined the
plans, specifications and bidding documents, the site of the proposed work, and being
familiar with all of the conditions surrounding construction of the proposed project;
proposes to furnish all labor, materials and equipment and perform all work required
for construction of the project in accordance with the plans, specifications and
contract documents for the following prices:
B -6
• WI NM NM MI MI OM • • MO • MI • NM MN •
No.
1.
2.
3.
Estimated
Quantity
BID SCHEDULE
Written Price and Description
47 LF 60" RCP wastewater pipe, ASTM C76,
Class III, 0' - 6' deep, complete in
place, per linear foot for
One Hundred Seventeen Dollars
No Cents
218 LF 60" RCP wastewater pipe, ASTM C76,
Class III, 6' - 8' deep, complete in
place, per linear foot for
One Hundred Eighteen Dollars
No Cents
289 LF 60" RCP wastewater pipe, ASTM C76,
", ' Class III, 8' - 10' deep, complete in
place, per linear toot for
One Hundred Twenty Dollars
No Cents
Unit Total
Price Price
$ 117.00 $ 5,499.00
118.00 25,724.00
120.00 34,680.00
MI MI • OM • M - - -= MI NM • NM MO MB OM •
No.
4.
6.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
905 LF 60" RCP wastewater pipe, ASTM C76,
Class III, 10' - 12' deep, complete in
place, per linear foot for
One Hundred Twenty Two Dollars
No Cents
5. 2,107 LF 60" RCP wastewater pipe, ASTM C76,
Class III, 12' - 14' deep, complete in
place, per linear foot for
One Hundred Twenty Four Dollars
No Cents
790 LF 60" RCP wastewater pipe, ASTM C76,
Class W, 14' - 16' deep, complete in
place, per linear foot for
One Hundred Twenty Six Dollars
No Cents
Unit Total
Price Price
$ 122.00 $110,410.00
124.00
126.00
261,268.00 .�x
a
99,540.00 "
No.
7.
8.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
38 LF 60" RCP wastewater pipe, ASTM C76,
Class III, 16' - 18' deep, complete in
place, per linear foot for
One Hundred Thirty Dollars
No Cents
189 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 8' - 10' deep, complete in
place, per linear foot for
One Hundred Forty Five Dollars
No Cents
9. 228 LF 60" RCP wastewater pipe, ASTM C76, 147.00 33,516.00
Class IV, 10' - 12' deep, complete in
place, per linear foot for
One Hundred Forty Seven Dollars
No Cents
Unit Total
Price Price
$ 130.00 $ 4,940.00
145.00
Z7,405.00
• N— M M• - -- M MI MN MI MN O' IMP
No.
11.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
10. 20 LF 60" RCP wastewater pipe, ASTM C76, $ 149.00 $ 2,980.00
Class IV, 12' - 14' deep, complete in
place, per linear foot for
One Hundred Forty Nine Dollars
No Cents
455 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 14' - 16' deep, complete in
place, per linear foot for
One Hundred Fifty One Dollars
No Cents
Unit Total
Price Price
151.00 68,705.00
12. 1,246 LF 60" RCP wastewater pipe, ASTM C76, 155.00 193,130.00
Class IV, 16' - 18' deep, complete in
place, per linear foot for
One Hundred Fifty Five Dollars
No Cents
IMMI MI — MN • I MI — — I I r WM I• NM MI •
No.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
13. 1,518 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 18' - 20' deep, complete in
place, per linear foot for
One Hundred Sixty Dollars
No Cents
14. 1,063 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 20' - 22' deep, complete in
palce, per linear foot for
One Hundred Sixty Six Dollars
No Cents
107 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 22' - 24' deep, complete in
place, per linear foot for
One Hundred Seventy Seven Dollars
No Cents
Unit Total
Price Price
$ 160.00 $242,880.00
166.00 • 176,458.00
177.00 18,939.00
.r
— — — — — f— — • NM — —W — — — • — —
No.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
16. 497 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 24' - 26' deep, complete in
place, per linear foot for
One Hundred Eighty Three Dollars
No Cents
17. 75 LF 60" RCP wastewater pipe, ASTM C76, 201.00 15,075.00
Class IV, 26' - 28' deep, complete in
place, per linear foot for
Two Hundred One Dollars
No Cents
18. 136 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 28' - 30' deep, complete in
place, per linear foot for
Two Hundred Thirty Seven Dollars
No Cents
Unit Total
Price Price
$ 183.00
$ 90,951 :00
237.00 32,232.00
• • i MI — — O' I — I MN MI • MN MI -- =
No.
Estimated
Quantity
BID SCHEDULE (Cont'd)
Written Price and Description
19. 346 LF 60" RCP wastewater pipe, ASTM C76,
Class IV, 30' - 32' deep, complete in
place, per linear foot for
Three Hundred Forty Six Dollars
No Cents
20. 58 LF 60" RCP wastewater pipe, ASTM C76, 564.00 32, 712.00
Class IV, 32' - 34' deep, complete in
place, per linear foot for
Five Hundred Sixty Four Dollars
No Cents
21. 29 EA Precast Type -T manhole, with service "eyes" 4,700.00 136, 300.00
bolted cover, complete in place, per each
for
Four Thousand Seven Hundred Dollars
No Cents
Unit Total
Price Price
$ 346.00 $119,716.00
• I I — • - -= N I E - -- MI OM NM I
No.
22. * 250 VF Precast 48 Inch manhol riser, complete in $ 100.00 $ 25, 000.00
place, per vertical foot for
Estimated
Quantity
One Hundred Dollars
No Cents
23. 345 LF Concrete encasement for 60 Inch RCP,
complete in place per linear foot for
One Hundred Seventy Five Dollars
No Cents
' 24. 400 LF Sandbag dike, complete in place per
linear foot for
Forty Dollars
No Cents
BID SCHEDULE (Cont'd)
Written Price and Description
Unit Total
Price Price
175.00 60,375.00
40.00 16,000.00
NM N•• MI MN NM OM MI • NM = MN NM IN NM MI MN
No.
GRAND TOTAL
Estimated
Quantity
Three Dollars
Fifty Cents
BID SCHEDULE (Concluded)
Written Price and Description
25. 2,100 LF Silt fence, complete in place per linear $ 3.50 $ 7,350.00
foot for
26. 21 EA Tree protection collar, complete in
place per each for
Three Hundred Dollars
No Cents
300.00 6,300.00
Thirty Thousand Dollars
No Cents
Unit Total
Price Price
27. LS All other temporary and permanent erosion 30,000 30,000
control items, complete in place per lump
sum for
One Million Eight Hundred Seventy Eight Thousand Eight Five Dollars
And No Cents $ 1, 878, 085.00
(In case of discrepancy between the Bid Price in words and figures above, the Price in words shall govern.)
t,
ANY DISPUTE ARISING OUT OF THESE
CONTRACT DOCUMENTS MAY BE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL
ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS
AMENDED. THE ARBITRATION PROCEDURES ARE SET
FORTH IN THE GENERAL AND SUPPLEMENTARY CONDrrIONS.
THE STATE OF TEXAS 1
COUNTY OF WILLIAMSON I
Article 1. WORK
Article 2. ENGINEER
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is dated as of the day of
in the year 19 _by and between the City of Round Rock
A - 1
City of Round Rock
(hereinafter called OWNER) and
Sabine Consolidated, Inc.
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
Brushy Creek Wastewater Improvements consisting of approximately
10,332 L.F. of wastewater pipe with all appurtenances complete and in
place.
The Project has been designed by: Espey, Huston & Associates, Inc.,
Round Rock, Texas.
who is hereinafter called ENGINEER and who will assume all duties and respon-
sibilities and will have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
Article 3. CONTRACT TIME
3.1 The Work will be substantially completed within 200 calendar days after
the date when the Contract Time commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for
final payment in accordance with paragraph 14.13 of the General
Conditions within 230 calendar days after the date when the Contract
Time commences to run.
3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time
is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not substantially complete within the time
specified in paragraph 3.1 above, 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 or arbitration proceeding the actual loss suffered by OWNER if the
Work is not substantially complete 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 Five Hundred dollars ($500.00) for east day that expires
afer the ime specified in paragraph 3.1 for substantial completion until
and Work is substantially complete.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
See Attached Bid Schedule.
Article 5. PAYMENT PROCEDURES
.. x
•
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.
5.1 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, on or about the 10th day of
each month during construction as provided below. All progress pay-
ments will be on the basis of the progress of the Work measured by the
A -2
5.1.1 Prior to Substantial Completion progress payments will be in an amount
equal to:
90% of the Work completed unless otherwise stated in Division 1 General
Requirements, Section 01150 Measurement and Payment, and
90% of materials not incorporated in the Work but delivered and suitably
stored, less in each case the aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to
increase total payments to CONTRACTOR to 90% of the Contract
Price, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER
shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST
schedule of values provided for in paragraph 14.1 of the General
Conditions.
All moneys not paid when due as provided in Article 14 of the General
Conditions shall bear interest at the rate of ten percent (10%) per year,
provided, however, that in no event shall the interest due be at a rate
higher than the maximum rate allowed by law at the place of the
project.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, locality and with all local conditions and
federal, state and local laws, ordinances, rules and regulations that in
any manner may affect cost, progress or performance of the Work.
72 CONTRACTOR has studied carefully all reports of investigations and
tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the Work which were relied
upon by ENGINEER in the preparation of the Drawings and Specifica-
tions and which have been identified in the Supplementary Conditions.
7.3 • ..CONTRACTOR has made or caused to be made examinations, investiga-
tions and tests and studies of such reports and related data in addition to
those referred to in paragraph 72 as be deems necessary for the
: z _
.A-3
7.6
performance 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 no additional examinations, investigations,
tests, reports or similar data are or will be required by CONTRACTOR
for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations,
examinations, investigations; tests, reports and data with the terms and
conditions of the Contract Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Docu-
ments and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR are attached to this Agreement, made a part hereof
and consists of the following:
8.1 This Agreement (pages A -1 to A -6, inclusive).
82 Exhibits to this Agreement: Bid Schedule.
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 General Conditions (pages GC -i to GC -53, inclusive).
8.6 Supplementary Conditions.
8.7 Specifications either attached or referenced.
8.8 Drawings, consisting of a cover sheet and sheets with each sheet bearing
the general title as stated in Article 1 of this Agreement.
8.9 Addenda numbers to , inclusive).
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12 Any Modification, including Change Orders, duly delivered after execu-
tion of Agreement.
A-4
Wit HUSTON 6 ASSOCIATES. INC.
There are no Contract Documents other than those listed above in this
Article 8. The Contract Documents may not be altered, amended or repealed by a
Modification (as defined in Section 1 of the General Conditions).
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General
Conditions.
9.2 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 any
assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto, his partners,
successors, assigns and legal representatives in respect to all coavenants,
agreements and obligations contained to the Contract Documents.
D WITNESS WHEREOF, the parties hereto have signed this Agreement
in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR
and ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
A -5
This Agreement will be effective on 73/ j,,,
19 1�p , �,�
City of Rcund Rock
OWNER
BY 7 /12/
(CORPORATE SEAL)
Address for giving notices
cif e Malin
&wind / ,72'2 I
(lf OWNER is a public body attach
evidence of authority to sign and
resolution or other document
authorizing execution of Agreement.)
License No.
A -6
Sabine Consolidated, Inc.
CONTRACTOR
EPA/ �zza
(CORPORATE SEAL)
Address giving notice
0 � ' � *
77Do
.�, i7 7fZ&R
Agent for service of process
1
1
1
1
1
1
1
1
1
1
1
1
•
e ii ESPEY, HUSTON a ASSOCIATES, INC.
STATE OF TEXAS
COUNTY OF 6 r er-- .—
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That
of the ity of
County of , and State of _
as principal, and � i' f - _ / /" it �. _ ,
authorized under the law /of the State of e t •f ae,f a s sur ty f
principals, are held and firmly boun. unt • _ . L �.;
Owner) the p . sum of P `/ V ; .�J /Gppgl�)J%rl r7J� �1/` '
,.�.�! t i■ Dollars (S o.'.. 0 o ■ )
the payment whey f, 'e said Principal and Surety bind 'emse ves, 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 , 19 , 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.
NOW THEREFORE, THE CONDITION 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, and 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;
8
•
'PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
(Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised
Civil Statutes of Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to the same extent as
if it were copied at length herein.'
*Not applicable for federal work. See 'The Miller Act,' 40 U.S.C.S270.
Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE.
PB -1
COMPLAINT NOTICE
SHOULD ANY QUESTION OR DISPUTE ARISE ABOUT YOUR PREMIUMS OR A CLAIM YOU HAVE PREVIOUSLY FILED,
FIRST CONTACT THE AGENT WHO ISSUED THIS POLICY OR WRITE THE COMPANY. IF THE PROBLEM IS NOT RE.
SOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, DEPT. C, 1110 SAN JACINTO, AUSTIN, TEXAS
78786.
N,,
e
[SPEY. HUSTON a ASSOCIAT[S, INC.
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
anyway 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 Principal and Surety have signed and sealed this
instrument this day of , 19 .
The name and address of the Resident Agent of Surety is:
x }
Contractors Bond & Insurance Agency, Inc.
3111 'O est f�iabama, Suite 200
Houston, Texas 77098
523 -3610
Surety
n �I
.4.
PB -2
I By
Attorney -in-Fad,
Title
$131 West Alabama, Suite 200
Houston, Texas 77098
Address
e ll tint HUSTON & ASSOCIATES, INC.
STATE OF TEX 5
COUNTY OF(
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That i- / (.
of the ity of % Alm
County of , •d State of _
as principal, and f/T_� � % ,, _
authorized under the laws /1 the State of Te f : .
principals, are held and firmly bound unt / , f __._ �� or
Owner), n in es the a al sum i /� ♦ �' "`
•Gat c.. ipo Dollars ($ ! , •; ( CO ) for the p
ment where c, e said Principal and Sure bin 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 , 19 , 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.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a
subcontractor in the prosecution of the work provided for in said contract, 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
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on
this bond shall be determined in accordance with the provisions of said Article to
the same extent as if it were copied at length herein. '
Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE.
PB -3
ESPY, HUSTON l ASSOCIATES. INC.
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 Principal and Surety have signed and sealed this
, 19 •
il‘V 19.46P()
Surety e
By
Attorney - in. Fact
instrument this day of
Principal
,i V - 7 1 AYAIraL6
PAizudeird
Title
'500
Addr
, , 55
6Az y in,
The name and address of the Resident Agent of Surety b:
Contractors Pend & Insurance,Agency, Inc.'
t l '_c a- S i.tc 200
Houston, Texas 77098
523 -3610
PB -4
Title
3131 West Alabama, Suite 200
Houston, Texas 77098
Address
CO T
TYPE OF INSURANCE P
POLICY NUMBER P
POLICY EFECTNE P
PCUCY EXPIRATION L
LIABILITY LIMITS IN THOUSANDS y
=AH
GCCURRENCE A
AGGEGATE
^ G
GENERAL L
LIABILITY B
540 6544449 6
6 -10 -85 6
6 -10 -86 I
BODILY
$ $
$
PROPERTY
$ $
$ -r
BI a PD
� . .
.�3 A •::•Yqui�� ; b f1 �.� .�i' •� Y a ; k � _. y � ��t I � � ✓l
CER TIFICATE, OF`' INSURA
-, Rt �a �L...., �.,i pA n� ..'i..e rra,•a;.!.,�. ..,.). .. d "?. t,., .i ^.$... v
cONEIMGES
f a
PRODUCER
Essary, Hart & MacWilliam, Inc.
3131 W. Alabama, Suite 200
Houston, Texas 77098
INSURED
Sabine Consolidated, Inc.
P. 0. Box 3676
Port Arthur, Texas 77640
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS Utility Construction
Re: Brushy Creek 54 -Inch Wastewater Interceptor
City of Round Rock, Texas
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND 0R ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A United States Fire Insurance Company
COMPANY S
Houston General Insurance Company
COMPANY
LETTER
COMPANY I]
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOTTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF, THE ISSUING COMPANY ',TILL ENDEAVOR TO
MAIL -311 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF A KINO UPON THE CO PANT, ITS AGENT /•R REPRESENTATIVES.
Espey, Huston & Associates, Inc.
P. 0. Box 1269
Round Rock, Texas 78680
AORKSAAAL
�4
[SKY, HUSTON. ASSOCIATES, INC.
STANDARD
GENERAL CONDEMNS
OF TOE
CONSTRDCPION CONTRACT
HARTFORD CASUALTY INSURANCE COMPANY
Executive Oma: Hertford, Connecticut
POWER OF ATTORNEY -
Know ell men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a
corporation duly orgaMzed under to laws of the State of New Jersey, and having its Executive Office in the City of
Hartford. County of Hanford, State of Connecticut, does hereby make, constitute and appoint
MARVIN M. DURRENEERGEH, DON R. HART, JAMES D. MacWILLIAM, JR., ROY S. TUSKINGTON,
NANCY COILS and LELAND L. RAUCH of HOUSTON, TEXAS
Its true and lawful Attamey(s )-n -Fact, with full power and authority to each of Said Attome s }in -Fact, n their separate
aty
capad morethan oneisnemed above, to sign, execute and acknowledge any and all bondsand undertakings andother
writings obligatory M the nature thereof on behalf of the corn on Its buennees.of guaranteeing the *dotty of persons
holding places of pudic or pnvaee trust: guaranteeing the pertormance of contracts other than neura policies;
guaranteeing guaranteeing an
bos arid u � akl cdn eta g�ata or permitted in all actions 01 proceedings or by law allowed,
and to bind the HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extend as t such bonds
and • nORD undertakings U and other obligatory in the nature thereof signed by an Executive Officer of the
NC nnggsa E COMPANY and sealed and attested by one other of such Officers, and hereby
ratifies and confirms ell that its said Attomey(s}in -Fact may Agin pursuance hereof.
This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of
Directors of the HARTFORD) CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of
September, 1976.
14E80080 act.tMPnddentoraanyVIc PrsakHM, 009. any or Afaatant Secretary, Well havaposer aadaut lwltyto went. for
Resident �8au edhrw and A and waaf el any lime any Such Resident Ree t W ares a M, Raul se
Samelon or Aawnst1HFea, and revoke the power and authority given to line
Adomswe•FwteneenavePOrwrrd 81e r0.eublectb8MrraandsnOt n of the P owna8ued tonne. toexecu end de1Ner
00.b h a nd an oM fo eecyyanysuuch An pen yalere te to anyeM ba ling up ,utderaklnpg arala a nIf seined paatmyinae
and ted
n ▪ aiad I ate executed b
other W Such Onleerss,d. AaMneydn4F8100000 bee bXWlnp rpariar COrrpenyallalpned aye fit ieeulNSOakereM
RESOLVED, tint. Rawl N. H Seer, MWMnt VkWraltlsnt and Thane F Deeney..Aabem Vice-Pre de t, she ate teva, as long as he
rade audl office, the eame pavan as any cube - Prudent naval to the preceding Meoeadn
RESOLVE D.. thlt. whereas to President or any VlcsPrafdem alien M ow�lr
, en tide any or Assistant Secretary, I p and authority to
m a mre p RelltleMV ai Aaalent of a Annaya and eandu ,a OtlerwntllgeoaIlgabrynlMnalure thereof,
Now, therefore, the a gMhra watch Guars and me9WaMe Company may beamaedmry such eowra attorney orm cert9eremang
t ereto br td0b, end any such power aaapmey r certificate bearing such Wenn signatures a reanNe manna a awned binding upon the
Comma end any such poem a ezeoed and ccaddied by tacaee n apnea. end Mama naiad be valid and binding upon t a
o Company fie
nmae wan seaport seaport ap b e nd r a
ybo undertaking to which k e attached.
RESOLVED, Ina, Robert N. H. Saner, MaWnt Vice-Padden end Tames F. Dana Masbm IRa0PresMSnn may sok as long as he holds
such once. anx hie signature by fac pursuant too and with the same effect as that grated to Vlca•Pradants under the encoding Rasoludal.
In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed
by Its Assistant Ylce- President. and Its corporate seal to be hereto affixed, duly attested by Its Secretary, this 1st day of
Apnl, 1983.
Attest
Gay Sdra, Secreey
STATE OF CONNECTICUT,
}
COUNTY OF HARTFORD,
On this 1st day of April, A.D. 1983, before me personally came Robert N. H. Seiler, to me known, who being by me duly
sworn, dbd depose ands that he reeldes in the County of Hartford, State of Connecticut; that he Is the Ailment Vice -
Presidsmof thsHARTFORD CASUALTY INSURANCE COMPANY, the corporation described In and which executed the
above Insttruwesq that seal fsocarorat00Wsat the seal affneed to the saki instrument Is such corporate
corporation and that he signed his MIMS thereto by like
order.
Fern 845074 pt,) Ponta m LISA
as
HARTFORD CASUALTY INSURANCE COMPANY
Robert N. H. Sena
Assistant Vannreddal
..es+eev+sv0i
STATE OF CONNECTICUT, St tsea
)} aorta Menem Nary Pack
COUNTY OF HARTFORD. ) ss CERTIFICATE My CrnmeaortEaplres Minch
I. the undersigned Assistant Secretary of the HARTFORD CASUALTY INSURANCE COMPANY, a New Jersey
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains n full force and
has not been revoked: and furthermore, that the Resolutions of the Board of Directors, set fate in the Power of
Attorney, are now In force
Signed and sealed at the City of Hartford Dated the day of
19
611535
1 e
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[SPEY, HUSTON L *SSOCMTES. WC.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
e
h ESPEY. HUSTDH 1 ASSOCIATES. INC.
TABLE OF CONTENTS
OF GENERAL CONDITIONS
Article
Number Title Page
1 DEFINITIONS GC-1
2 PRELIMINARY MATTERS GC-4
3 CONTRACT DOCUMENTS: GC-6
INTENT AND REUSE
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; GC-8
REFERENCE POINTS
5 ' BONDS AND INSURANCE GC-1I
6 CONTRACTOR'S RESPONSIBII TI1ES GC-16
7 OTHER WORK GC-25
8 OWNER'S RESPONSIBILITIES GC-26
9 ENGINEER'S STATUS DURING CONSTRUCTION GC-27
10 CHANGES IN THE WORK GC-30
11 CHANGE OF CONTRACT PRICE GC-32
12 CHANGE OF CONTRACT TIME GC-38
13 WARRANTY AND GUARANTEE; TESTS AND GC-38
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
14 PAYMENTS TO CONTRACTOR AND COMPLETION GC-42
15 - SUSPENSION OF WORK AND TERMINATION GC-4
16 ARBITRATION GC-5I
e F f
17 MISCELLANEOUS ` GC-52
-- M
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[SPEY. HUSTON a ASSOCUIT[S, INC.
Before Starting Construction
Bid - definition of
Bonds and Insurance—b general
Bonds— definition of
Bonds, Delivery of
Bonds, Performance and Other
INDEX TO GENERAL CONDITIONS
Acceptance of Insurance
Access to the Work
Addenda - definition of (see definition of Spec ficatiois}
Agreement — definition of
All Risk Insurance
Application for Payment — definition of
Application for Payment, Final
Application for Progress Payment
Application for Progress Payment - review of
Arbitration
Availability of Lands
Award Notice of— defined
Cash Allowances 11.10
Change Order— Definition of 1
Changes in the Work 10
Claims, Waiver ofronFinal Payment 14.16
Clarifications and Interpretations 9.3
Cleaning
Completion on 6.17
Completion, Substantial 14.8, 14.9
Conference —Pre - Construction 2.8
Construction Machinery, Equipment, etc. 6.4
Continuing Work 629
Contract Documents—definition of 1
Contract Documents— intent and reuse 3
Contract Documents - -reuse of t 3.5
Contract Price, Change of ' . , ' 11
Contract Price—definition 1
Contract Time, Change of - - 12
Contract Time — Commencement of • r 2.3
Contract Time — definition of ' 1
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Article or Paragraph
Number
5.13
132
1
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5.6
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14.12
14.2
14.4 thru 14.7
16
4.1
2.5 thru 2.7
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Contractor — definition of I
Contractor May Stop Work or Terminate 15.5
Contractor's Continuing Obligation 14.15
Contractor's Duty to Report Discrepancy in Documents 2.5 3.2
Contractor's Fee —Cats Plus 11.6
Contractor's Liability Insurance 5.3
Contractor's Responsibilities --in general 6
Contractor's Warranty of Title 14.3
Contractual Liability Insurance 5.4
Copies of Documents 2.2
Correction or Removal of Defective Work 13.11
Correction Period, One Year 13.12
Correction, Removal or Acceptance of Defective 13.11 thru 13.14
Work —in general
Cost of Work 11 .4, 11.5
Cats, Supplemental 11.4.5
Day — definition of 1
Defective Work, Acceptance of 13.13
Defective Work, Correction or Removal of 13.11
Defective— definition of 1
Defective Work —in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.1
Disagreements, Decisions by Engineer • 9.9, 9.10
Documents, Copies of 2.2
Documents, Record 6.19
Documents, Reuse 3.5
Drawings - definition of 1
Effective date of Agreement— definition of
Emergencies
Engineer - definition of
Engineer's— Notice Work is Acceptable
Engineer's Responsibilities, Limitations on
Engineer's Status During Construction - ix general
Engineer's— Recommendation of Payment
Equipment, Labor, Materials and
Equivalent Materials and Equipment
_
INDEX (Continued)
GC -iii
Article or Paragrapb
Number
1
6.22
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14.3
' 9.11 tbru 9.14
9
14.4, 14.13
6.3 thru 6.6
6.7
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INDEX (Continued)
Labor, Materials and Equipment
Laws and Regulations
Liability Insurance Contractor's
Liability Insurance - Owner's
Limitations on Engineer's Responsibilities
Materials and Equipment- furnished by Contractor
Materials or Equipment-Equivalent
Miscellaneous Provisions
Modification - definition of
GC - iv
Article or Paragraph
Number
Fee, Contractor's -Costs Plus 11.6
Field Order- definition of 1
Field Order - issued by Engineer 10.2
Final Application for Payment 14.12
Final Inspection 14,11
Final Payment, Recommendation of 14.13, 14.14
Final Payment and Acceptance 14.13
General Requirements- definition of 3
General Provisions 17.3, 17.4
Giving Notice 17.1
Guarantee of Work -by Contractor 13.1
Indemnification 6.30 tbru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.3 tbru 13.7
Insurance, Bonds and general 5
Insurance- Certificates of 2.7 a 5
Insurance, Contractor's Liability 5.3
Insurance, Contractual Liability 5.4
Insurance, Owner's Liability 5.5
Insurance, Property 5.6 tbru 5.12
Intent of Contract Documents 3.1 tbru 3.4, 9.12
Interpretations and Clarifications 9.3
Investigations of Physical Conditions 4.2
6.3 ticu 6.6
6.14
5.3
5.5
9.11
6 .3
6.7
17
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Notice, Giving of - ` . 17.1
Notice of Award - definition of 1
Notice of Acceptability of Project 14.13
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INDEX (Continued)
Notice to Proceed - definition of
' Notice to Proceed - giving of
"Pi-Equal' items
Other Contractors
' Overtime Work - prohibition of
Owner--definition of
Owner May Correct Defective Work
' Owner May Stop Work
Owner May Suspend Work, Terminate
Owner's Duty to Execute Change Orders
Owner's Liability Insurance
' Owner's Representative - Engineer to nerve as
Owner's Responsibilities -fn general
Owner's Separate Representative at Site
1 Partial Utilization
Partial Utilization - Property Insurance
' Patent Fees and Royalties
Payments to Contractor - in general
Payments, Recommendation of
Pre- construction Conference
1 Performance, and other Bonds
Permits
Physical Conditions-Investigations and Reports
' Physical Conditions, Unforeseen
Preconstruction Conference
Preliminary Matters
Premises, Use of
' Price- Change of Contract
Price- Contract- definition of
Progress Payment, Applications for
' Progress Schedule
Project- definition of
Project Representative, Resident - definition of
Project Representation -Provision for
1
Project, Starting
Property Insurance
Propertylnsurance Receipt and Application of Proceeds''
I Propertylnsurance -Partial Utilization °
Protection, Safety and
1
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Article or Paragraph
Number
l
2.3
6.7
7
6.3
1
13.14
13.10
15.1 thru 15.4
11.8
5.5
9.1
8
9.8
14.10
5.14
6.12
14
14.4 thru 14.7.5
2.8
5.1 thru 5.2
6.13
4.2
4.3
2.8
2
6.16, 6.17, 6.18
11
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14.2
2.6, 14.1
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9.8
2.4
5.6 thru 5.12
5.11, 5.12
5.14
6.20 thru 6.21
% LSPtY. NUSTON a ASSOCIAT[s, tNC.
t
INDEX (Continued)
Recommendation of Payment 14.4, 14.13
Record Documents 6.19
Reference Points 4,4
Regulations, Laws and 6.14
Rejecting Defective Work 9.4
Remedies Not Exclusive 17.5
Removal or Correction of Defective Work 13.11
Resident Project Representative — definition of 1
Resident Project Representative—provision for 9.8
Responsibilities, Contractor's 6
Responsibilities, Owner's 8
Reuse of Documents • 3.5
Royalties, Patent Fees and 6.13
Safety and Protection
Samples
Schedule of Shop Drawing Submissions
Schedule of Values
Shop Drawings and Samples
Shop Drawings— definition of
Site, Visits to by Engineer
Specifications - definition of
Starting Construction, Before
Starting the Project
Stopping Work by Contractor
Stopping Work —by Owner
Subcontractor - definition of
Subcontractors -in general
Substantial Completion— certification of
Substantial Completion— definition of
Subsurface Conditions
Supplemental Costs
Surety — consent to payment
Surety- notice of changes
Surety — qualification of
Suspending Work, by Owner
Suspension of Work and Termination —in general
Superintendent—Contractor's
Supervision and Superintendence
GC-vi
Article or Paragraph
Number
620 thru 6.21
623
2.6, 14.1
2.6, 14.1
623 tbru 6.29
1
9.2
1
2.5 tbsu 2.9
2.4
15.5
13.10
1
6.8 thru 6.11
14.8
1
4.2, 4.3
11.4.5
14.12, 14.14
10.5
5.1, 5.2
15.1
15
6.2
6.1, 6.2
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Article or Paragraph
Number
Taxes Payment by Contractor 6.15
Termination —by Contractor 15.5
Termination by Owner 152 thru 15.4
Termination, Suspension of Work and --in general 15
Tests and Inspections 13.3 thru 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract — definition of 1
Uncovering Work
Unit Prices
Unit Prices — Adjustment of
Use of Premises
Values, Schedule of
Visits to Site —by Engineer
INDEX (Concluded)
Waiver of Claims —on Final Payment 14.16
Waiver of Rights by Insured Parties 5.10
Warranty and Guarantee —by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.2
Work by Others—in general 7
Work, Cost of 11.4, 11.5
Work Continuing During Disputes 6.29
Work — definition of 1
Work, Neglected by Contractor 13.14
Work, Stopping by Contractor 15.5
Work, Stopping by Owner
15.1 thru 15.4
GC-vii
13.8, 13.9
11.3.1
11.9
6.16, 6.17, 6.18
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GENERAL CONDIIiONS
ARTICLE 1--DEFINITIONS
Wherever used in these General Conditions or in the other Contract
Documents, the following terms have the meanings indicated which are applicable to
both tbe singular and plural thereof:
Addenda — Written or graphic instruments issued prior to the opening of Bids which
clarify, correct or change tbe bidding documents or the Contract Documents.
Agreement The written agreement between OWNER and CONTRACTOR covering
the Work to be performed; other Contract Documents are attached to the
Agreement and made a part thereof as provided therein.
Application for Payment The form accepted by ENGINEER which is to be used by
CONTRACTOR in requesting progress or final payments and which is to include such
supporting documentation as is required by the Contract Documents.
Bid —The offer or proposal of the bidder submitted on the prescribed form setting
forth the prices for the Work to be performed.
Bonds --Bid, performance and payment bonds and other instruments of security.
Change Order —A document recommended by ENGINEER, whieb is Signed by
CONTRACTOR and OWNER and authorises an addition, deletion or revision in the
Work, or an adjustment in tbe Contract Price or the Contract Time, issued on or
after the Effective Date of the Agreement.
Contract Docmnents —The Agreement, Addenda (which pertain to the Contract
Documents), CONTRACTOR'S Bid fincluding 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 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 amendments,
modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after
the Effective Date of the Agreement.
Contract Piece --The moneys payable by OWNER to CONTRACTOR =der the
Contract Documents as stated in the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
Contract Time —The number of days (computed as provided in paragraph 17.2) or the
date stated in the Agreement for the completion of the Work.
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CONTRACTORTbe person, firm or corporation with whom OWNER has entered
into the Agreement.
defective - -An adjective which when modifying the word Work refers to Work that h
unsatisfactory, faulty or deficient, or 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 prior to
ENGINEER's recommendation of final payment (unless responsibility for the pro-
tection thereof has been assumed by OWNER at Substantial Completion in accord-
ance with paragraph 14.6 or 14.10).
Drawings--The drawings which show the eheracter and scope of the Work to be
performed and which have been prepared or approved by ENGINEER and are
referred to in the Contract Documents.
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.
ENGINEER The person, firm or corporation named as such in the Agreement.
Field Order --A written order issued by ENGINEER which orders minor changes in
the Work in accordance with paragraph 9.5 but which does not involve a change in
the Contract Price or the Contract Time.
GeneralRequirementa— Sections of Division 1 of the Specifications.
Laws and Regulations; Laws or Regulation— laws, rules, regulations, ordinances,
codes and/or orders.
Notice of Award- -The written notice by OWNER to the apparent successful bidder
stating that upon compliance by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified, OWNER will sign and
deliver the Agreement.
Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a
copy to ENGINEER) firing the date on which the Contract Time will commence to
run and on which CONTRACTOR shall start to perform CONTRACTOR': obligations
under the Contract Docum ents.
OWNER The public body or authority, corporation, association, firm or person with
whom CONTRACTOR has entered into the Agreement and for whom the Work is to
be provided.
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Partial Utilisation —Placing • portion of the Work in service for the purpose for
which it is intended (or • related purpose) before reaching Substantial Completion
for all the Work.
Project The total construction of which the Work to be provided tide the Contract
Documents may be the whole, ce a part as indicated elsewhere is the Contract
Documents.
Resident Project Representative --The authorised representative of ENGINEER who
is assigned to the site or any pat thereof.
Shop Drawings —All drawings, diagrams, illustrations, schedules and other data which
are specifically prepared by or for CONTRACTOR to illustrate some portion of the
Work and all illustrations, brochures, standard schedules, performance charts,
instructions, diagrams and other information prepared by • Supplier and submitted
by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications Those portions of the Contract Documents consisting of written
technical descriptions of materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain administrative details applicable
thereto.
Subcontractor —An individual, firm ce corporation having a direct contract with
CONTRACTOR or with any other Subcontractor for the performance of a part of
the Work at the site.
Substantial Completion- -The Work (or a specified part thereof) hos progressed to the
point where, in the opinion of ENGINEER, as evidenced by ENGINEER'S definitive
certificate of Substantial Completion, it is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or specified part) can be utilised
for the purposes for which it is intended; or if there be no such certificate issued,
when Snail payment is due is accordance with paragraph 14.13. The terms
'substantially complete' and 'substantially completed' as applied to any Work refer
to Substantial Completion thereof.
Supplement/ay Conditioos The part of the Contract Documents which amends or
supplements the General Conditions.
Supplie —A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Uadergronad Fatuities AD pipelines, conduits, ducts, cables, wire, manholes,
vaults, tanks, tunnels or other such facilities or attachments, and any encasements
containing such facilities which have been installed underground to furnish any of
the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage
removal, traffic or other control systems or water.
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Unit Price Work —Work to be paid for on the basis of unit prices.
Work —The entire completed construction or the various separately identifiable parts
thereof required to be furnished under the Contract Documents. Work is the result
of performing services, furnishing labor and furnishing and incorporating materials
and equipment into the construction, all as required by the Contract Documents.
Work Directive Change - -A written directive 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 hi the Work, or responding to
differing or unforeseen physical conditions under which the Work k to be performed
as provided in paragraph 4.2 or 4.3 or to emergencies wader paragraph 6.22. A Work
Directive Change may not change the Contract Price or the Contract Time, but is
evidence that the parties expect that the change directed or documented by • Work
Directive Change will be incorporated in a subsequently issued Change Order
following negotiations by tbe parties as to its effect, if any, on the Contract Price
or Contract Time as provided in paragraph 10.2.
Written Amendment —A written amendment of the Contract Documents, signed by
OWNER and CONTRACTOR an or after the Effective Date of the Agreement and
normally dealing with the nonengineering or nontechnical rather than strictly Work -
related aspects of the Contract Documents.
Delivery of Bonds:
ARTICLE 2--PIRELIMLNARY MATTERS
2.1 When CONTRACTOR delivers the executed Agreements to OWNER,
CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be
required to furnish in accordance with paragraph 5.1.
Copies of Documents
2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless other-
wise specified in tbe Supplementary Conditions) of the Contract Documents as are
reasonably necessary for tbe execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commence of Contract Time•, Notice to Proceed:
2.3 The Contract Time will commence to run on the thirtieth day after the
Effective Date of tbe Agreement, or, if a Notice to Proceed is given, on tbe day
indicated in the Notice to Proceed. A Notice to Proceed may be given at any time
within thirty days after the Effective Date of the Agreement. In no event will the
Contract Time commence to rum later than the seventy -fifth day after the day of
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[SPEY. HUSTON & ASSOCIATES. INC.
GC -5
Bid opening or the thirtiety day after the Effective Date of the Agreement,
whichever date is earlier.
2.4 CONTRACTOR shall start to perform the Work on the date when the
Contract Time commences to run, but no Work shall be done at the site prior to the
date on which the Contract Time commences to run.
Before Starting Construction:
2.5 Before tardertaking each part of the Work, CONTRACTOR shall care-
fully study and compare tbe Contract Documents and check and verify pertinent
figures shown thereon and all applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error or discrepancy which
CONTRACTOR may discover and shall obtain a written interpretation or clarifies -
tion 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 or discrepancy in the Contract Documents, unless CONTRAC-
TOR had actual knowledge thereof or should reasonably have known thereof.
2.6 Within ten days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1 an estimated progress schedule indicating the starting and completion
dates of the various stages of the Work;
2.6.2 a preliminary schedule of Shop Drawing submissions; and
2.6.3 a preliminary schedule of values for all of the Work which will include
quantities and prices of items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient detail to serve as
the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of Work which will be confirmed in writing by CONTRACTOR at
:tbe time of submission.
2.7 Before any Work at the site is started, CONTRACTOR shall deliver to
OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance
requested by OWNER) which CONTRACTOR is required to purchase and maintain in
accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR
certificates (and other evidence of insurance requested by CONTRACTOR) which
OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and
5.7.
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Preconstruction Conference:
2.8 Within twenty days after the Effective Date of the Agreement, but
before CONTRACTOR starts the Work at the site, a conference attended by
CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures for handling Shop
Drawings and other submittals and for processing Applications for Payment, and to
establish a working understanding among the parties as to tbe Work.
Finalising Schedules:
2.9 At least ten days before submission of the first Application for Payment
a conference attended by CONTRACTOR, ENGINEER and others as appropriate will
be held to finalise tbe schedules submitted in accordance with paragraph 2.6. The
finalized progress schedule will be acceptable to ENGINER as providing an orderly
progression of the Work to completion within the Contract Time, but such
acceptance will neither impose on ENGINEER responsibility for the progress or
scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor.
The finalized schedule of Shop Drawing submissions will be acceptable to ENGI-
NEER as providing a workable arrangement for processing tbe submissions. The
finalized schedule of values will be acceptable to ENGINEER as to form and
substance.
Intent:
ARTICLE 3-- CONTRACT DOCUMENTS:
INTENT, AMENDING, REUSE
3.1 The Contract Documents comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work. The Contract Documents are
complementary, what is called for by one is as binding as if called for by a11. The
Contract Documents will be construed in accordance with the law of the place of
the Project.
3.2 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 Work, materials or equipment that may reasonably be
inferred from the Contract Documents as being required to produce the intended
result will be supplied whether or not specifically called for. When words which
have a well -known technical cc trade meaning are used to describe Work, materials
or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society,
organization or association, or to the Laws or Regulations of any governmental
authority, whether such reference be specific or by implication, shall mean the
Latest standard specification, manual, code or Laws or Regulations in effect at the
GC-6
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time of opening of Bids (or, on the Effective Dateof the Agreement if there were no
Bids), except as may be otherwise specifically stated. However, no provioon of any
referenced standard specification, manual or code (whether or bot specifically
incorporated by reference in the Contract Documents) sbaD be effective to change
the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of
their consultants, agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER'S
consultants, agents or employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications
and interpretations of the Contract Documents shall be issued by ENGINEER as
provided in paragraph 9.4.
3.3 H, during the performance of the Work, CONTRACTOR finds a conflict,
error or discrepancy in the Contract Documents, CONTRACTOR shall so report to
ENGINEER in writing at once and before proceeding with the Work affected thereby
shall obtain a written interpretation or clarification from ENGINEER; however,
CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR
bad actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.4 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:
3.4.1 a formal Written Amendment,
3.4.2 a Change Order (pursuant to paragraph 10.4), or
3.4.3 a Work Directive Change (pursuant to paragraph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract
Time may only be changed by a Change Order or a Written Amendment.
3.5 In addition, the requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the Work may be authorised, in
one or more of the following ways:
3.5.1 afield Order (pursuant to paragraph 9.5),
3.5.2 ENGINEER'S approval of a Shop Drawing or sample (pursuant to para-
graphs 6.26 and 627), or
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8 S
3.5.3 ENGINEER'S written_interpretstion or clarification (pursuant to para-
graph 9.4).
Reuse of Documents:
3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other
person or organization performing or furnishing any of the Work under a direct or
indirect contract with OWNER shall 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; and they shall not reuse any of them
on extensions of the Project or any other project withoug written consent of
OWNER and ENGINEER and specific written verification or adaptation by
ENGD EER.
Physical Conditions:
ARTICLE 4— AVAII.ASIISrY OF LANDS: PHYSICAL
CONDrIIONS; REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights - of-way and easements for access
thereto, and such other lands which are designated for the use of CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by OWNER, tmless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these
lands, rights - of-way or easements entitles CONTRACTOR to an extension of the
Contract Time, CONTRACTOR may make a claim therefore as provided in
Article 12. CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials
and equipment.
4.2.1 Explorations and Reports. Reference is made to the Supplementary
Conditions for identification of those reports of explorations and tests of
subsurface conditions at the site that have been utilized by ENGINEER
in preparation of the Contract Documents. CONTRACTOR may rely
upon the accuracy of the technical data contained in such reports, but
not upon nontechnical data, interpretations ce opinions contained therein
or for the completeness thereof for CONTRACTOR'S purposes. Except
as indicated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRACTOR shall have full responsibility with respect to
subsurface conditions at the site.
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4.2.2 Existing Structures. Reference is made to the Supplementary Condition
Ice identification of those drawings of physical conditions in or relating
to existing surface and subsurface structures (except Underground Facil-
ities referred to in paragraph 4.3) which are at or contiguous to the site
that been utilised by ENGINEER in preparation of the Contract
Documents. CONTRACTOR may rely upon the accuracy of the tech-
nical data contained in such drawings, but not for the completeness
thereof for CONTRACTOR'S purposes. Except as indicated in the
immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR
shall have full responsibility with respect to physical conditions in or
relating to such structures.
4.2.3 Report of Differing Conditions. If CONTRACTOR believes that:
4.2.3.1 any technical data on which CONTRACTOR is entitled to rely as
provided in paragraphs 42.1 and 42.2 is inaccurate, or
4.2.3.2 any physical condition uncovered or revealed at the site differs
materially from that indicated, reflected or referred to in the
Contract Document s,
CONTRACTOR shall, promptly after becoming aware thereof and before
performing any Work in connection therewith (except in an emergency as
permitted by paragraph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
4.2.4 ENGINEER'S Review. ENGINEER will promptly review the pertinent
conditions, determine the necessity of obtaining additional explorations
or tests with respect thereto and advise OWNER in writing (with a dopy
to CONTRACTOR) of ENGINEER'S findings and conclusions.
4.2.5 Possible Document Change. If ENGINEER concludes that there is a
material error in the Contract Documents or that because of newly
discovered conditions a change in the Contract Documents is required, a
Work Directive Change or a Change Order win be issued as provided is
Article 10 to reflect and document the consequences of the inaccuracy
or difference.
4.2.6 Possible Price and Time Adjustments. In each such case, an ineease or
decrease is the Contract Price or an extension or shortening of the
Contract Time, or any combination thereof, will be allowable to the
extent that they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to the amount or
length thereof, a claim may be made therefor as provided in Articles 11
and 12.
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1 Pbysicsl Conditions--Undergrotmd Facilities: ' .
4.3.1 Shown or Indicated. The information and data shown or indicated in tbe
1 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 or
by others. Unless it is otherwise expressly provided in the Supplemen-
t terry Conditions:
4.3.1.1 OWNER and ENGINEER shall not be responsible for the accuracy
1 or completeness of any such information or data; and,
4.3.1.2 CONTRACTOR shall have full responsibility for reviewing and
checking all such information and data, for locating all Under-
, ground Facilities shown or indicated in tbe Contract Documents,
for coordination of the Work with the owners for such Underground
Facilities during construction, for the safety and protection
1 thereof as provided in paragraph 6.20) and repairing any damage
thereto resulting from the Work, the cost of all of which will be
considered as having been included in the Contract Price.
' 4.3.2 Not Shown or Indicated. If an Underground Facility h w covered or
revealed at or contiguous to the site which was not shown or indicated in the
Contract Documents and which CONTRACTOR could not reasonably have been
1 expected to be aware of, CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work affected thereby (except in an emergency
as permitted by paragraph 6.22), identify the owner of such Underground Facility
1 and give written notice thereof to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review tbe Underground Facility to determine the extent
to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract
I Documents will be amended or supplemented to the extent necessary. During such
time, CONTRACTOR shall be responsible for the safety and protection of such
Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be
1 allowed an increase in the Contract Price or an extension of the Contract Time, or
both, to the extent that they are attributable to the existence of any Underground
Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the
'
parties are unable to agree at to the amount or length thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
1 Reference Pants
4.4 OWNER shall provide engineering surveys to establish reference points
1 for construction which in ENGINEER'S judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying
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out the Work (unless otherwise specified in the General Requirements), shall protect
and preserve the established reference points and shall make to changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall
report to ENGINEER whenever any reference point 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 by
professionally qualified personnel.
Performance and Other bonds:
ARTICLE 5--BONDS AND INSURANCE
5.1 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; obligations under the Contract Documents.
These Bonds shall remain in effect at least until one year after the date when final
payment becomes due, except as otherwise provided by Law or Regulation or by the
Contract Documents. CONTRACTOR shall also furnish such other Bonds as are
required by the Supplementary Conditions. All Bonds shall be in the forms
prescribed by Law or Regulation or by the Contract Documents and be executed by
such streties 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 Audit Staff Bureau of
Accounts, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
5.2 If the surety on any Bond furnished by CONTRACTOR is declared a
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 of
paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to OWNER.
Contractor's Liability Insurance
5.3 CONTRACTOR shall purchase and maintain such comprehensive general
liability and other insurance as is appropriate for the Work being performed and
furnished and as will provide protection from claims set forth below which may arise
out of or result from CONTRACTOR'; performance and furnishing of the Work and
CONTRACTOR's other obligations carder the Contract Docmnent;, whether it is to
be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone
directly or indirectly employed by any of them to perform or furnish the Work, or by
anyone for whose acts any of them may be liable:
5.3.1 Claims under workers' or workmen's compensation, disability benefits
and other similar employee benefit acts;
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5.3.2 Claims for damages because of bodily injury, sielmess � disease, or
death of CONTRACTOR'' employees;
5.3.3 Claims for damages because of bodily injury, sickness or disease, or
death of any person other than CONTRACTOR's employees;
5.3.4 Claims for damages insured by personal injury liability coverage which
are sustained (a) by any person as a result of an offense directly or
indirectly related to the employment of such person by CONTRACTOR,
or (h) by any other person for any other reason;
5.3.5 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;
5.3.6 Claims arising out of operation of Laws or Regulations for damages
because of bodily injury or death of any person or for damage to
property and
5.3.7 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.
The insurance required by this paragraph 5.3 shall include the specific
coverages and be written for not less than the limits of liability and coverages
provided in the Supplementary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written notice has been given to
OWNER and ENGINEER by certified mail. All such insurance shall remain in effect
until final payment and at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in accordance with para-
graph 13.12. la addition, CONTRACTOR shall maintain such completed operations
insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4 The comprehensive general liability insurance required by paragraph 5.3
will include contractual liability insurance applicable to CONTRACTOR'S obliga-
tions wader paragraphs 6.30 and 6.31.
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Owners Liability Insurance:
5.5 OWNER shall be responsible for purchasing and maintaining OWNER's
own liability insurance and, at OWNER's option, may purchase and maintain such
insurance as will protect OWNER against claims which may arise from operations
under the Contract Documents.
Property lastrance:
5.6 Unless otherwise provided in the Supplementary Conditions, OWNER shall
purchase and maintain property insurance upon the Work at the site to the full
insurable value thereof (subject to such deductible amounts as may be provided in
the Supplementary Conditions or required by Laws and Regulations). This insurance
shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENQNEER
and ENGINEER'S consultants in the Work, all of whom shall be listed as insureds or
additional insured parties, shall insure against the perils of fire and extended
coverage and shall include "all risk" insurance for physical loss and damage inducting
theft, vandalism and malicious mischief, collapse and water damage, and such other
peris as may be provided in the Supplementary Conditions, and shall included.
damages, loss and expenses arising out of or resulting from any insured loss or
incurred in the repair m replacement of any insured property Gncluding but not
limited to fees and charges of engineers, architects, attorneys and other profes-
sionals). If not covered under the "all risk' insurance or otherwise provided in the
Supplementary Conditions, CONTRACTOR shall purchase and maintain similar
property insurance cm portions of the Work stored on and off the site or in transit
when such portions of the Work are to be included is an Application for Payment.
5.7 OWNER shall purchase and maintain such boiler and machinery insurance
or additional property insurance as may be required by the Supplementary Condi-
tions or Laws and Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants hi the
Work, all of whom shall be listed as insured or additional insured parties.
5.8 All the policies of insurance or the certificates or other evidence
thereof) required to be purchased and maintained by OWNER in accordance with
paragraphs 5.6 and 5.7 will contain • provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal refused until at
least thirty days' prior written notice has been given to CONTRACTOR by certified
mail and will contain waiver provisions in accordance with paragraph 5.11.2.
5.9 OWNER shall not be responsible for purchasing and maintaining any
property insurance to protect the interests of CONTRACTOR, Subcontractors or
others in the Work to the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the deductible amount will be
borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any
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h MET. HUSTON a ASSOCIATES, INC.
of them wishes property insurance coverage within tbe limits of such amounts, each
may purchase and Maintain it at the purchaser's own expense.
5.10 If CONTRACTOR requests in 'Writing that other special insurance be
included in the property insurance policy, OWNER shall, if possible, include such
insurance, and tbe cost thereof uri11 be charged to CONTRACTOR by appropriate
Change Order or Written Amendment. Prior to commencement of the Work at the
site, OWNER shall in writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Waiver of Rights:
5.11.1 OWNER and CONTRACTOR waive all rights against each other for all
losses and damages caused by any of the perils covered by the polices of
insurance provided in response to paragraphs 5.6 and 5.7 and any other
property insurance applicable to the Work, and also waive all such rights
against tbe Subcontractors, ENGINEER, ENGINEER'S consultants and all
other parties named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver pro-
visions by the Subcontractor in favor of OWNER, CONTRACTOR,
ENGINEER, ENGNEER's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any
of the insured parties may have to the proceeds of insurance bled by
OWNER as trustee or otherwise payable under any policy so issued.
5.112 OWNER and CONTRACTOR intend that any polices provided in re-
sponse to paragraphs 5.6 ands 5.7 shall protect all of the parties insured
and provide primary coverage for all losses and damages caused by the
perils covered thereby. Accordingly, all such policies shall contain
provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any of the
parties named as insureds or additional insureds, and if the insurers
require separate waiver forms to be signed by ENGINEER or ENGI-
NEER's consultant, OWNER will obtain the same, and if such waiver
forms are required of any Subcontractor, CONTRACTOR will obtain the
same.
Receipt and Application of Proceeds:
5.12 Any insured lass under the policies of insurance required by para-
graphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as
trustee for the insureds, as their interests may appear, subject to the requirements
of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a
separate account any money so received, and shall distribute it in accordance with
such agreement as the parties in interest may reach. If no other special agreement
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is reached, the damaged Work shall be repaired or replaced, tbe moneys so received
applied on account thereof and the Work and the cost thereof covered by an
appropriate Change Order or Written Amendment.
5.13 OWNER as trustee shall have power to adjust and settle any loss witb the
insurers unless one of the parties in interests shall object in writing within fifteen
days after tbe occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as trustee shall make settlement with the ituurers in
accordance with such agreement as the parties in inderest may reach. If required in
writing by any party in interest, OWNER as trustee shall, upon the occurrence of an
insured loss, give bond for the proper performance of such duties.
Acceptance of Insurance
5.14 If OWNER has any objection to the coverage afforded by or other
provisions of the insurance required to be purchased and maintained by CON-
TRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not
complying with the Contract Documents, OWNER shall notify CONTRACTOR in
writing thereof within ten days of the date of delivery of such certificates to
OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to
the coverage afforded by or other provisions of the policies of insurance required to
be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR
shall notify OWNER in writing thereof within ten days of the date of delivery of
such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure
by OWNER or CONTRACTOR to give any such notice of objection within the time
provided shall constitute acceptance of such insurance purchased by the other as
complying with the Contract Documents.
Partial Utilisation— propertylswanx:
5.15 If OWNER finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work, such use ce occupancy may be
accomplished in accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected the changes in coverage
necessitated thereby. The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insurance shall not be
cancelled or lapse on account of any such partial use or occupancy.
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ARTICLE 6— CONTRACTOR'S RESPONSIBI MES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise 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, techniques,
sequences and procedures of construction, but CONTRACTOR shall not be respon-
sible for the negligence of others in the design se selection of a specific meats,
method, technique, sequence or procedure of construction which is indicated in and
required by the Contract Documents. CONTRACTOR shall be responsible to see
that the finished Work complies accurately with the Contract Documents.
62 CONTRACTOR shall keep on the Work at all times during its progress a
competent resident superintendent, who shall not be replaced without written notice
to OWNER and ENGINEER except under extraordinary circumstances. The super-
intendent will be CONTRACTOR'S representative at the site and shall have
autbority to act on behalf of CONTRACTOR. All communications given to the
superintendent shall be as binding as U given to CONTRACTOR.
Labor, Materials and Equipment:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to
survey and lay out the Work and perform construction as required by the Contract
Documents. CONTRACTOR shall at all times maintain good discipline and order at
the site. Except in connection with the safety or protection of persons or the Work
or property at the site or adjacent thereto, and except as otherwise indicated 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
given after prior written notice to ENGINEER.
6.4 Unless otherwise specified in the General Requirements, CONTRACTOR
shall furnish and assume full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel,
power, light, beat, telephone, water, sanitary facilities, temporary facilities and all
other facilities and incidentals necessary for the furnishing, performance, testing,
start -up and completion of the Work.
6.5 All materials and equipment shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by ENGINEER, CON-
TRACTOR shall furnish satisfactory evidence (including reports of required tests) as
to the kind and quality of materials and equipment. All materials and equipment
shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable Supplier except as otherwise
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provided in the Contract Documents; but DO provision of any such instructions will
be effective to assign to ENGINEER, or any of ENG1NEER's consultants, agents or
employees, any duty or authority to supervise or direct the furnishing or perform-
ance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
Adjusting Progress Schedule
6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent
indicated in paragraph 1.9) adjustments in the' progress schedule to reflect the
impact thereon of new developments, the will conform generally to the progress
schedule then in effect and additionaby comply with any provisions of the
General Requirements applicable thereto.
Substitutes or 'Or— Equal Items:
6.7.1 Whenever materials or equipment se e specified or described in the
Contract Documents by using the name of a proprietary item or the
name of a• particular Supplier the naming of the item is intended to
establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials
or equipment of other Suppliers may be accepted by ENGINEER if
sufficient information is submitted by CONTRACTOR to allow ENGI-
NEER to determine that the material or equipment proposed is equi-
valent or equal to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General Requirements.
Requests for review of substitute items of materials and equipment will
not be accepted by ENGINEER from anyone other than CONTRACTOR.
If CONTRACTOR wishes to furnish or use a substitute item of material
or equipment, CONTRACTOR shall make written application to ENGI-
NEER for acceptance thereof, certifying that the proposed substitute
will perform adequately the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified
and be suited to the same use as that specified. The application will
state that the evaluation and acceptance of the proposed substitute will
not prejudice CONTRACTOR's achievement of Substantial Completion
on time, whether or not acceptance of the substitute for use 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 and whether or
not incorporation or use of the substitute in connection with the Work is
subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the appli-
cation and available maintenance, repair and replacement service will be
indicated. The application will also contain an itemized estimate of all
costs that wiD result directly or indirectly from acceptance of such
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substitute, including costs of redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by
ENGINEER in evaluating tbe proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR'S expense additional
data about the proposed substitute.
6.7.2 If a specific means, method, technique, sequence or procedure of
construction is indicated in or required by tbe Contract Documents,
CONTRACTOR may futaisb or utilise a substitute means, method,
sequence, technique or procedure of construction acceptable to ENGI-
NEER, if. CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is equivalent to
that indicated or required by the Contract Documents. The procedure
for review by ENGINEER will be similar to that provided in Para-
graph 6.7.1 as applied by ENGINEER and as may be supplemented in the
General Requirements.
6.7.3 ENGINEER will be allowed • reasonable time within which to evaluate
eacb proposed substitute. ENGINEER will be the sole judge of accept-
ability, and no substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evidenced by either
a Change Order or an approved Shop Drawing. OWNER may require
CONTRACTOR to furaisb at CONTRACTOR'S expense a special per-
formance guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER and ENGINEER'S
consultants in evaluating substitutions proposed by CONTRACTOR and
in maivng changes in the Contract Documents occasioned thereby.
Whether or not ENGINEER accepts a proposed substitute, CONTRAC-
TOR shall reimburse OWNER for the charges of ENGINEER and
ENGINEER'S consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other
person or organization ('including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether initially or as a
substitute, against whom OWNER or ENGINEER may have reasonable
objection. CONTRACTOR shall not be required to employ any Subcon-
tractor, Supplier or other person or organization to furnish or perform
any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2 If the Supplementary Conditions require the identity of certain Subcon-
tractors, Suppliers or other persons or organization (including those who
are to furnish the principal items of materials and equipment) to be
submitted to OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER and
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ENGINEER, and if CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions, OWNER's or ENGI-
NEER', acceptance (either in writing or by tailing to make written
objection thereto by the date indicated f or acceptance or objection in
the bidding documents or the Contract Documents) of any sucb Subcon-
tractor, Supplier or other person or organisation as identified may be
revoked on the basis of reasonable objection after due investigation, in
which case CONTRACTOR shall submit an acceptable substitute, the
Contract Price will be increased by the difference in tbe cost occasioned
by such substitution and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER or ENGINEER of
any such Subcontractor, Supplier or other person or organisation shall
constitute a waiver of any right of OWNER or ENGINEER to reject
defective Work.
6.9 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for
all acts and omissions of the Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work under • direct or indirect
contract with CONTRACTOR just as CONTRACTOR is responsible for CON -
TRACTOR's own acts and omissions. Nothing in tbe Contract Documents shall
create any contractual relationship between OWNER or ENGINEER and any such
Subcontractor, Supplier or other person or organisation, 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 Subcontractor, Supplier or other person or organisation
except as may otherwise be required by Laws and Regulations.
6.10 The divisions and sections of the Specifications and the identifications of
any Drawings shaD not control CONTRACTOR in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be performed by any specific trade.
6.11 All Work performed for CONTRACTOR by a Subcontractor will be
pursuant to an appropriate agreement between CONTRACTOR and the Subcon-
tractor which specifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of OWNER and ENGINEER
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall
pay each Subcontractor a just share of any insurance moneys received by CON-
TRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and
5.7.
Patent Fees and Royalties:
6.12 CONTRACTOR shall pay all license fees and royalties and assume all
costs incident to the we 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
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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. CONTRACTOR shall indemnify and bold harmless OWNER
and ENGINEER and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses (including attorney's fees and
court and arbitration costs) arising out of 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, and shall defend all sueb claims in connection
with any alleged infringement of such rights.
Permits:
6.13 Unless otherwise provided in. the Supplementary Conditions, CON-
TRACTOR sball 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 timeof 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.
Laws and Regulations:
6.14.1 CONTRACTOR shall give 511 notices and comply with all Laws and
Regulations applicable to furnishing and 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.
6.14.2 If CONTRACTOR observes that the Specifications or Drawings are at
variance with any Laws or Regulations, CONTRACTOR shall give
ENGINEER prompt written notice tberof, and any necessary changes will
be authorized by one of the methods indicated in paragraph 3.4. If
CONTRACTOR performs any Work knowing or having reason to know
that it is contrary to such Laws or Regulations, and without such notice
to ENGINEER, CONTRACTOR shall bear all costs arising therefrom;
however, it shall not be CONTRACTOR'S primary responsibility to make
certain that the Specifications and Drawings are in accordance with such
Laws and Regulations.
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Taxes:
6.15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes
required to be paid by CONTRACTOR in accordance with the Laws and Regulations
of the place of the Project which are applicable during the performance of the
W ork.
Use of premises:
6.16 CONTRACTOR shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site and land
and areas identified in and permitted by the Contract Documents and other land and
areas permitted by Laws and Regulations, rights -of -way, permits and easements,
and shall not unreasonably encumber the premises 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
land or areas contiguous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER by any such owner or
occupant because of the performance of the Work, CONTRACTOR shall promptly
attempt to settle with such other party by agreement or otherwise resolve the claim
by arbitration ar at law. CONTRACTOR shall, to the fullest extent permitted by
Laws and Regulations, indemnify and lipid OWNER and ENGINEER 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 costs) arising directly, indirectly or consequentially out of any action,
legal or equitable, brought by any such other party against OWNER or ENGINEER to
the extent based on a claim arising out of CONTRACTOR'' performance of the
Work.
6.17 During the progress of the Work, CONTRACTOR shall keep the premises
free from accumulations of waste materials, rubbish and other debris resulting from
the Work. At the completion of the Work, CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the permises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall
leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall
restore to original condition all property not designated for alteration by the
Contract Documents.
6.18 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.
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Record Documents:
6.19 CONTRACTOR shall maintain in a safe place at the site one record copy
of an Drawings, Specifications, Addenda, Written Amendments, Change Orders,
Work Directive Changes, Field Orders and written interpretations and clarifications
(issued pursuant to paragraph 9.4) in good order and annotated to show all 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.
Safety and Protections
6.20 CONTRACTOR shall be responsible for' initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for• :tbe safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
6.20.1 all employees on the Work and other persons and organisations who may
be affected thereby;
6.20.2 all the Work and materials and equipment to be incorporated therein,
whether in storage on or off the site; and
6.20.3 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.
CONTRACTOR shall comply with all applicable Laws and Regulations of
any public body having jurisdiction for the safety of persons or property or to
protect them 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 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 620.2 or 6.20.3 caused, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any of them to perform or
furnish 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
anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR' duties and responsibilities for the
safety and protection of the Work shall continue until such time as all the Work is
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competed and ENGINEER has issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.13 that the Work is acceptade (except as otherwise
expressly provided in connection with Substantial Comptetim).
621 CONTRACTOR shall designate a responsible representative at the site
whose duty shall be the prevention of accidents. This person shall be CONTRAC-
TOR'S superintendent unless otherwise designated in writing by CONTRACTOR to
OWNER.
Emagenda:
6.22 In emergencies affecting the safety or protection of persons or the Work
or property at the site or adjacent thereto, CONTRACTOR, without special
instruction or authorization from ENGINEER or OWNER, 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. If
ENGINEER determines that a change in the Contract-Documents is required because
of the action taken in response to an emergency, a Work Directive Change or
Change Order will be issued to document the ooasequences of the changes or
variations.
Shop Drawings and Samples:
623 After checking and verifying all field measurements and after complying
with applicable procedures specified in the General Requirements, CONTRACTOR
shall submit to ENGINEER for review and approval in accordance with the accepted
schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate
action if so indicated in the Supplementary Conditions, five copies (tmless otherwise
specified in the General Requirements) of all Shop Drawings, which will bear a
stamp or specific written indication that CONTRACTOR has satisfied CONTRAC-
TOR's responsibilities under the Contract Documents with respect to the review of
the submission. All submissions will be identified as ENGINEER may require. The
data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar data to
enable ENGINEER to review the information as required.
6.24 CONTRACTOR shall also submit to ENGINEER for review and approval
with such promptness as to cause no delay in Work, all samples required by the
Contract Documents. All samples will have been checked by and accompanied by a
specific written indication that CONTRACTOR has satisfied CONTRACTOR'S
responsibilities under the Contract Documents with respect to the review of the
submission and will be identified clearly as to material, Supplier, pertinent data such
as catalog numbers and the use for which intended.
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6.25.1 Before submission of each Shop Drawing or sample CONTRACTOR shall
have determined and verified all quantities, dimensions, specified per-
formance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each
Shop Drawing or sample with other Shop Drawings and samples and with
the requirements of the Work and the Contract Documents.
6.25.2 At the time of each submission, CONTRACTOR shall give ENGINEER
specific written notice of each variation that the Shop Drawings or
samples may have from the requirements of the Contract Documents,
and, in addition, shall cause a specific notation to be made on each Shop
Drawing submitted to ENGINEER for review and approval of each such
variation.
6.26 ENGINEER will review and approve with reasonable promptness Shop
Drawings and samples, but ENGINEER'S review and approval will be only for
conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents and shall not extend to means,
methods, techniques, sequences or' procedures of construction (except where a
specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to safety precautions �
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. CONTRACTOR
shall make corrections required by ENGINEER, and shall return the required number
of corrected copies of Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention in writing to revisions
other than the corrections called for by ENGINEER on previous submittals.
6.27 ENGINEER'S review and approval of Shop Drawings or samples shall not
relieve CONTRACTOR from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S
attention to each such variation at the time of submission as required by para-
graph 6.25.2 and ENGINEER has given written approval of each such variation by a
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 errors or omissions in the Shop Drawings or from responsi-
bility for having complied with the provisions of paragraph 6.25.1.
6.28 Where a Shop Drawing or sample is required by the Specifications, any
related Work performed prior to ENGD EER's review and approval of the pertinent
submission will be the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29 CONTRACTOR shall carry on the Work and adhere to the progress
schedule during all disputes or disagreements with OWNER. No Work shall be
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delayed or postponed pending resolution of any disputes or d except as
permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree
in writing.
Indemnification:
6.30 To the fullest extent permitted by Laws and Regulations, CONTRAC-
TOR shall indemnify and bold harmless OWNER and ENGINEER and their consult-
ants, agents and employees from and against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals and court and
arbitration costs) arising out of or resulting from the perfeemance of the Work,
provided that any such claim, damage, loss or expense (a) 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 (b) is
caused in whole or in part by any negligent act or omission of CONTRACTOR, any
Subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by Laws and Regulations regardless
of the negligence of such party.
6.31 In any and all claims against OWNER or ENGINEER or any of their
consultants, agents or employees by any employee of CONTRACTOR, any Subcon-
tractor, any person or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, the indemnification obligation under paragraph 6.30 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 or other person
or organization under workers' or workmen' compensation acts, disability benefit
acts or other employee benefit acts.
6.32 The obligations of CONTRACTOR Under paragraph 6.30 shall not extend
to the liability of ENGINEER, ENGWEER's consultants, agents or employees arising
out of the preparation or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs of specifications.
Related Work at Site
ARTICLE 7 - OTHER WORK
7.1 OWNER may perform other work related to the Project at the site by
OWNER's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted in the Contract
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Documents, written notice thereof will be given to CONTRACTOR prior to starting
any such other work; and, if CONTRACTOR believes that such performance will
involve additional expense to CONTRACTOR or requires additional time and the
parties are unable to agree ss to the extent thereof, CONTRACTOR may make a
claim therefor as provided in Articles 11 and 12.
7.2 CONTRACTOR shall afford each utility owner and other contractor who
is a party to such a direct contract (or OWNER, if OWNER is perfuming the
additional 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 work, and shall properly connect and coordinate the Work
with theirs. CONTRACTOR shall do all cutting, fitting and patebdng of the Work
that may be required to make its several parts come together properly and 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 responsibiliies of CONTRACTOR tender 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 consultants.
7.3 If any part of CONTRACTOR'S Work depends for proper execution or
results upon the work of any such other contractor or utility owner (or OWNER),
CONTRACTOR shall inspect and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. CONTRACTOR'S failure so to report will
constitute an acceptance of the other work as fit and proper for integration with
CONTRACTOR'S Work except for latent or non - apparent defects and deficiencies in
the other work.
Coordination:
7.4 If OWNER contracts with others for the performance of other work en
the Project at the rite, the person or organisation who will have authority and
responsibility for coordination of the activities among the various prime contractors
will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such
authority and responsibilities will be provided, in the Supplementary Conditions.
Unless otherwise provided in the Supplementary Conditions, neither OWNER nor
ENGINEER shall have any authority or responsibility in respect of such coordination.
ARTICLE $- OWNERS RESPONSmII1TIES
8.1 OWNER shall issue all commimications to CONTRACTOR through
ENGINEER.
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8.2 In case of termination of the employment of ENGINEER, OWNER shall
appoint an engineer against whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents shall be that of the former ENGINEER.
Any dispute in connection with such appointment shall be subject to arbitration.
8.3 OWNER shall furnish the data required of OWNER tinder the Contract
Documents promptly and shall make payments to CONTRACTOR promptly after
they are due as provided in paragraphs 14.4 and 14.13.
8.4 OWNER's duties in respect of providing lands and easements and
providing engineering surveys to establish reference points are set forth in para-
graphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by
ENGINEER in preparing the Drawings and Specifications.
8.5 OWNER's responsibilities in respect of purchasing and maintaining
liability and property insurance are set forth to paragraphs 5.5 througb 5.8.
8.6 OWNER is obligated to execute Change Orders as indicated in para-
grapb 10.4.
8.7 OWNER's responsibility in respect of certain inspections, tests and
approvals is set forth in paragraph 13.4.
8.8 In connection with OWNER's right to stop Work or suspend Work, see
paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR wader certain circumstances.
ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative:
9.1 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 shall not be extended without written consent of OWNER and
ENGINEER.
Visits to Site:
9.2 ENGINEER will make visits to the site•at intervals appropriate to the
various stages of construction to observe the progress and quality of the executed
Work and to determine, in general, if the Work is proceeding in accordance with the
Contract Documents. ENGINEER will not be required to make exhaustive or
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continuous on -site inspections 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 to the Contract Documents.
On the basis of such visits and on -site observations as an experienced and qualified
design professional, ENGINEER will keep OWNER informed of the progress of the
Work and will endeavor to guard OWNER against defects and deficiencies in the
Work.
Project Representation:
9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident
Project Representative to assist ENGINEER in observing the performance of the
Work. The duties, responsibilities and limitations of authority of any such Resident
Project Representative and assistants will be provided in the Supplementary
Conditions. If OWNER designates another agent to represent OWNER at the site
who is not ENGINEER'S agent or employee the duties, responsibilities and limita-
tions of authority of such other person will be as provided in the Supplementary
Conditions.
Clarifications and Interpretations:
9.4 ENGINEER will issue with reasonable promptness such written clarifi-
cations or interpretations of the requirements of the Contract Documents On the
form of Drawings or otherwise( as ENGINEER may determine necessary, which shall
be consistent with or reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification or interpreta-
tion justifies an increase in the Contract Price or an extension of the Contract Time
and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in Article 11 or Article 12.
Authorized Variations fa Wank:
9.5 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 Time and are consistent with the overall intent of
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 CONTRACTOR believes that a Field Order justifies an increase in the
Contract Price or an extension of the Contract Time and the parties are unable to
agree as to the amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article 11 or It
Rejecting Defective Wade
9.6 ENGINEER will have authority to disapprove or reject Work which
ENGINEER believes to be defective, and will also have authority to require special
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inspection or testing of the Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.1 In connection with ENGINEER's responsibility for Shop Drawings and
samples, see paragraphs 623 through 629, inclusive.
9.8 In connection with ENGINEER'S responsibilities as to Change Orders, see
Articles 10, 11 and 12.
9.9 In connection with ENGINEER's responsibilities in respect of Applica-
tions for Payment, etc., see Article 14.
Determinations for Unit Prices:
9.10 ENGINEER will determine the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR. ENGINEER will review with
CONTRACTOR ENG1NEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an Application for
Payment or otherwise). ENGINEER's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR delivers to the other party to
the Agreement and to ENGINEER written notice of intention to appeal from such a
decision.
Decisions on Disputes:
9.11 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 or the
interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims wider Articles 11 and 12 in
respect of changes in the Contract Price or Contract Time will be referred initially
to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER wit render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter will be delivered by the
claimant to ENGINEER and the other party to the Agreement promptly (but in no
event later than thirty days) after the occurrence of the event giving rise thereto,
and written supporting data will be submitted to ENGINEER and the other party
within sixty days after such occurrence unless ENGINEER allows an additional
period of time to ascertain more accurate data in support of the claim.
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9.12 When functioning as interpreter and judge under paragraphs 9.10 and
9.11, 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
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such capacity. The rendering of a decision by ENGINEER pursuant to para-
graphs 9.10 and 9.11 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 14.16) 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.
Limitations on ENCENEER's Rtspoasitiilities:
9.13 Neither ENGINEER'S authority to act under this Article 9 or elsewhere
in the Contract Documents nor any derision made by ENGINEER in good faith either
to exercise or not exercise such authority shall give rise to any duty or responsibility
of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other
person or organization performing any of the Work, or to any surety for any of them.
9.14 Whenever in the Contract Documents the terms as ordered ", "as
directed ", as required ", as allowed', as approved" or terms of like effect or
import are used, or the adjectives 'reasonable , "suitable", 'acceptable", "proper' or
"satisfactory" or adjectives of like effect or import are used to describe a
requirement, direction, review or judgment of ENGINEER as to the Work, it is
intended that such requirement, direction, review or judgment will be solely to
evaluate the Work for compliance with 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 furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16.
9.15 ENGINEER will not be responsible for CONTRACTOR'S means, methods,
techniques, sequences or procedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be responsible for CONTRAC-
TOR's failure to perform or furnish the Work in accordance with the Contract
Documents.
9.16 ENGINEER will not be responsible for the acts or omissions of CON-
TRACTOR or of any Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the Work.
ARTICLE 10— CHANGES III TEE WORK
10.1 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; these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work involved which will be
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performed under the applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2 if ;OWNER and CONTRACTOR are unable to agree as to the extent, if
any, of an increase or decrease in the Contract Price or an extension or shortening
of the Contract Time that should be allowed as • result of a Work Directive Change,
a claim may be made therefor as provided in Article 11 or Article 12.
10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price
or an extension of the Contract Time with respect to any Work performed that is
not required by the Contract Documents as amended, modified and supplemented as
provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided
in paragraph 6.22 and except in the case of uncovering Work as provided in
paragraph 13.9.
10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or
Written Amendments) covering:
10.4.1 changes in the Work which are ordered by OWNER pursuant to para-
graph 10.1 are required because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under paragraph 13.14, or
are agreed to by the parties;
10.4.2 changes in the Contract Price or Contract Time which are agreed to by
the parties; and
10.4.3 changes in the Contract Price or Contract Time which embody the
substance of any written decision rendered by ENGINEER pursuant to
paragraph 9.11;
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 6.29.
10.5 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 Time) 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, and the amount
of each applicable Bond will be adjusted accordingly.
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ARTICLE 11— CHANGE OF CONTRACT PRICE
31.3 The Contract Price constitutes the total compensation (subject to
authorized adjustments) payable to CONTRACTOR for performing the Work. All
' duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR
shall be at his expense without change in the Contract Price.
' 112 The Contract Price may only be changed by a Change Order or by a
Written Amendment. Any Maim for an increase or decrease in the Contract Price
shall be based on written notice delivered by the party maldng the claim to the
other party and to ENGINEER promptly (but in no event later than thirty days) after
' the occurrence of the event giving rise to the claim and stating the general nature
of the claim. Notice of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless ENGINEER allows an
' additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts (direct, indirect and consequential) to which the claimant
is entitled as • result of the occurrence of said event. All claims for adjustment in
' the Contract Price shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3 The value of any Work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
1 following ways:
11.3.1 Where the Work involved is covered by trait prices contained in the
Contract Documents, by application of unit prices to the quantities of
the items involved (subject to the provisions of paragraphs 11.9.1 through
11.9.3, inc)usive).
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11.3.2 By mutual acceptance of a lump stun (which may include an allowance
for overhead and profit not necessarily in accordance with para-
graph 11.6.2.1).
11.3.3 On the basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR'' Fee for overhead and
profit (determined as provided in paragraphs 11.6 and 11.7).
Cost of the Work
IIA The term Cost of the Work means the sum of -all costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the Work. Except
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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 11.5.
11.4.1 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. Payroll costs for employ-
ees not employed full time on the Work shall be apportioned on the basis
of their time spend 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, unemployment, excise and payroll
taxes, workers' or workmen's compensation, health and retirement bene-
fits, bonuses, sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the site.
The expenses of performing Work after regular working boors, on
Saturday, Sunday or legal holidays, shall be included in the above to the
extent authorised by OWNER.
11.4.2 Cost of all materials and equipment furnished and incorporated in the
Work, including costs of transportation and storage thereof, and Sup-
pliers' 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 al1 returns from sale of surplus materials and equipment
shall accrue to OWNER, and CONTRACTOR sbaf make provisions so
that they may be obtained.
11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work
performed by Subcontractors. If required by OWNER, CONTRACTOR
shall obtain competitive lads from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who will then deter-
mine, with the advice of Engineer, which bids wi11 be accepted. If a
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 shall
be determined in the same manner as CONTRACTOR'S Cost of the Work.
All subcontracts shall be subject to the other provisions of the Contract
Documents insofar as applicable.
11.4.4 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.
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11.4.5 Supplemental costs including the following:
11.4.5.1 The proportion of necessary transportation, travel and subsistence
expenses of CONTRACTOR'S employees incurred in discharge of
duties connected with the Work.
11.4.52 Cost, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary
facilities 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.
11 .4.5.3 Rentals of all construction equipment and machinery and the parts
thereof whether rented from CONTRACTOP or others in accord-
ance with rental agreements approved by OWNER with the advice
of ENGINEER, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof - -all in accordance
with terms of said rental agreements. The rental of any such
equipment, machinery or parts shall cease when the use thereof is
no longer necessary for the Work.
11.4.5.4 Sales, consumer, use or similar taxes related to the Work, and for
which CONTRACTOR is liable, imposed by Laws and Regulations.
11.4.5.5 Deposits lost for causes other than negligence of CONTRACTOR,
any Subcontractor or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11 .4.5.6 Losses and damages (and related expenses), not compensated by
insurance or otherwise, to the Work or otherwise sustained by
CONTRACTOR in connection with the performance and furnishing
of the Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in accord-
ance with paragraph 5.9), provided they 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 CONTRAC-
TOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee proportionate to
that stated in paragraph 11.62.
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11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8 Minor expenses such as telegrams, long distance . telephone calls,
telephone service at the ate, expressage and similar petty cash
Hems in connection with the Work.
11.4.5.9 Cost of premiums for additional Bonds and *Intranet required
because of changes in the Work and premiums for property
insurance coverage within the limits of the deductible amounts
established by OWNER in accordance with paragraph 5.9.
11.5 The term Cost of the Work shall not include any of the following:
11.5.1 Payroll costs and other compensation of CONTRACTOR'; officers,
executives, principals (of partnership and sole proprietorships), general
managers, engineers, architects, estimators, attorneys, auditors, ac-
countants, purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR whether at the
site or in CONTRACTOR'& principal or a branch office for general
administration of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11 .4.4 - -all of which are to be con-
sidered administrative costs covered by the CONTRACTOR'' Fee.
11.5.1 Expenses of CONTRACTOR'; principal and branch offices: other than
CONTRACTOR'; office at the site.
11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on
r*ONTRACTOR's capital employed for the Work and charges against
CONT ACTOR for delinquent payments.
11.5.4 Cost of premiums for all Bonds and for all insurance whether or not
CONTRACTOR is required by the Contract Documents to purchase and
maintain the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited to the correction of
defective Work, disposal of materials or equipment wrongly supplied and
m good any damage to property.
11.5.6 Other overhead or general expense costs of any kind and the costs of any
item not specifically and expressly included in paragraph 11.4.
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CONTRACTOR's Fee:
11.6 The CONTRACTOR'' Fee allowed to CONTRACTOR for overhead and
profit 'ball be determined as follows:
11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,
11.62 a fee based on the following percentages of the various portions of the
Cost of the Work:
11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the CON-
TRACTOR'S Fee shall be fifteen percent;
11.622 for costs incurred under paragraph 11 .4.3, the CONTRACTOR'S
Fee shall be five percent; and if a subcontract is on the basis of
Cost of the Work Plus • Fee, the maximum allowable to CON-
TRACTOR on account of overhead and profit of all Subcontractors
shall be fifteen percent;
11.62.3 no fee shall be payable on the basis of costs itemised under
paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.4 the amount of credit to be allowed by CONTRACTOR to OWNER
for any such change which results in a net decrease in cost will be
the amount of the actual net decrease plus a deduction in CON -
TRACTOR's Fee by an amount equal to ten percent of the net
decrease; and
11.6.2.5 when both additions and credits ere involved in any one change, the
adjustment in CONTRACTOR'S Fee shall be computed on the basis
of the net change in accordance with paragraphs 11.6.2.1 through
11.6.2.4, inclusive.
11.7 Whenever the cost of any Work is to be determined pursuant to
paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGI-
NEER an itemised cost breakdown together with supporting data.
Cash Allowances:
11.8 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 done by such Subcontractors or Suppliers and for such as within the
limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees
that:
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11.8.1 The allowances include the cost to CONTRACTOR (less any applicable
trade discounts) or materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.82 CONTRACTOR'' costs for tmloading and handling on the site, labor,
installation costs, overhead, profit and other expenses contemplated for
the allowances have been included in the Contract Price and not in the
allowances. No demand for additional payment on account of any thereof
will be valid.
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 corre-
spondingly adjusted.
Unit Price Work:
11.9.1 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
established unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indicated in the
Agreement. 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 CON-
TRACTOR will be made by ENGINEER in accordance with pars_
graph 9.10.
11.9.2
Each unit price will be deemed to include an amount considered by
CONTRACTOR to be adequate to cover CONTRACTOR'. overhead and
profit for each separately identified item.
11.9.3 Where 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 there is no
corresponding adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has incurred additional
expense as a result thereof, CONTRACTOR may make a claim for an
increase in the contract Price in accordance with Article II if the
parties are unable to agree as to the amount of any such increase.
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ARTICLE 12-- CRANGE OF CONTRACT TIME
12.1 The Contract Time may only be changed by a Change Order or a Written
Amendment. Any claim for an extension or shortening of the Contract Time shall
be based on written notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than thirty days) after the
occurrence of the event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting data shall be delivered
within sixty days after such occurrence (unless ENGINEER allows an additional
period of time to ascertain more accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant has reason to believe it is entitled as a
result of the occurrence of said event. All claims for adjustment in the Contract
Time shall be determined by ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in
the Contract Time will be valid if not submitted in accordance with the require-
ments of this paragraph 12.1.
12.2 The Contract Time will be extended in an amount equal to time lost due
to delays beyond the control of CONTRACTOR if a claim is made therefor as
provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or
neglect by OWNER or others performing additional work as contemplated by
Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions
or acts of God.
12.3 All time limits stated in the Contract Documents are of the essence of
the Agreement. The provisions of this Article 12 shall not exclude recovery for
damages (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration costs) for delay by either
party.
ARTICLE 13-- WARRANTY AND GUARANTEE; TESTS AND 1TNSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
Warranty and Guarantee:
13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that
all Work will be in accordance with the Contract Documents and wit not be
defective. Prompt notice of all defects shall be given to CONTRACTOR. All
defective Work, whether or not in place, may be rejected or accepted as provided in
this Article 13.
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Access to Work:
IIncovering Work
13.2 ENGINEER and ENGINEER'' representatives, other representatives of
OWNER, testing agencies and governmental agencies with jurisdictional interests
will have access to the Work at reasonable times for their observation, inspecting
and testing. CONTRACTOR shall provide proper and safe conditions for such
access.
Tests and Inspections:
13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the
Work for all required inspections, tests or approvals.
13.4 If Laws or Regulations of any public body having jurisdiction require any
Work (or part thereof) to specifically be inspected, tested or approved, CONTRAC-
TOR shall assume full responsibility therefor, pay all costs in connection therewith
and furnish ENGINEER the required certificates of inspection, testing or approval.
CONTRACTOR shall also be responsible for and shall pay all costs in connection
with any inspection or testing required in connection with OWNER or ENGDlEER's
acceptance of a Supplier of materials or equipment proposed to be incorporated in
the Work, or of materials or equipment submitted for approval prior to CON-
TRACTOR'S purchase thereof for the incorporation in the Work. The cost of all
inspections, tests and approvals in addition to the above which are required by the
Contract Documents shall be paid by OWNER (unless otherwise specified).
13.5 All inspections, tests or approvals other than those required by Laws or
Regulations of any public body having jurisdiction shall be performed by organisa-
tions acceptable to OWNER and CONTRACTOR (or by ENGINEER if an specified).
13.6 If any Work (including the work of others) that is to be inspected, tested
or approved is covered without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation. Such tmcovering shall be at
CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice
of CONTRACTOR'' intention to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7 Neither observations by ENGINEER nor inspections, tests or approvals by
others shall relieve CONTRACTOR from CONTRACTOR'' obligations to perform
the Work in accordance with the Contract Documents.
13.6 • 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.
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13.9 If ENGINEER considers it necessary or advisable that covered Work be
observed by ENGINEER or inspected or tested by others, CONTRACTOR, at
ENGINEER'' request, shall uncover, expose or otherwise make available for obser-
vation, 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 bear all direct, indirect and conse-
quential costs of such uncovering, exposure, observation, inspection and testing and
of satisfactory reconstruction (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals), and OWNER shall be
entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, may make a claim therefor as prodded in
Article 11. 1f, 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
Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction; and, if the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12.
Owner May Stop the Work:
13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient
skilled workers or suitable materials or equipment, or falls to furnish or 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 the Work shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective work:
13.11 If required by ENGINEER, CONTRACTOR shall promptly, as directed,
either correct all defective Work, whether or not fabricated, installed or completed,
or, if the Work has been rejected by ENGINEER, remove it from the site and replace
it with nondefective Work. CONTRACTOR shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees
and charges of engineers architects, attorneys and other professionals) made
necessary thereby.
One Year Correction Period:
13.12 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,
CONTRACTOR shall promptly, without cost to OWNER and in accordance with
OWNER's written instructions, either correct such defective Work, or, if it has been
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rejected by OWNER, remove it from the site and replace it with bondef ective Work.
If CONTRACTOR does not promptly comply with the terms of such instructions, or
in an emergency where delay would cause serious risk of loss ce damage, OWNER
may have the defective Work corrected or the rejected Work removed and replaced,
and all direct, indirect and consequential costs of such removal and replacement
(including but not limited to fees and charges of engineers, architects, attorneys and
other professions) will be paid by CONTRACTOR. In special circumstances where a
particular item of equipment is placed in continuous service before Substantial
Completion of at 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.
Acceptance of Defective Wort:
13.13 1f, instead of requiring correction or removal and replacement of
defective Work, OWNER (and, prior to ENGINEER'S recommendation of final
payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR
shall bear all direct, indirect and consequential 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 to include but not be limited to
fees and charges of engineers, architects, attorneys and other professionals). If any
such acceptance occurs prier to ENGINEER': recommendation of final payment, a
Change Order will be issued incorporating the necessary reviaion< in the Contract
Documents with respect to the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree es to the
amount thereof, OWNER may make a claim therefor as provided in Article 11. If
the acceptance occurs after such recommendation, an appropriate amount will be
paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14 If CONTRACTOR fails within a reasonable time after written notice of
ENGINEER to proceed to correct and to correct defective Work or to remove and
replace rejected Work as required by ENGINEER in accordance with para-
graph 13.11, 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. In exercising the rights
and remedies under this paragraph, OWNER shall proceed expeditiously. To the
extent necessary to complete corrective and remedial action, OWNER may exclude
CONTRACTOR from all or part of the ate, take possession of all oe part of the
Work, and suspend CONTRACTOR'S services related thereto, take possession of
CONTRACTOR': tools, appliances, construction equipment and machinery at the
site and incorporate in the Work all materials and equipment stored at the site or
For which OWNER has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ-
ees such access to the site as may be necessary to enable OWNER to exercise the
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rights and remedies under this paragraph. All direct, indirect and consequential
costs of OWNER in exercising such rights and remedies will be charged against
CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a
Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER shaU be entitled to an appropriate
decrease in the Contract Price, and if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as provided in Article 11. Such
direct, indirect and consequential costs will include but not be limited to fees and
charges of engineers, architects, attorneys and other professionals, all court and
arbitration costs and all costs of repair and replacement of work of others destroyed
or damaged by correction, removal ce replacement of CONTRACTOR'. defective
Work. CONTRACTOR shall not be allowed an extension of the Contract Time
because of any delay in performance of the Work attributable to the exercise by
OWNER of OWNER'S rights and remedies hereunder.
Schedule of Values:
ARTICLE 14 —PAYMENTS TO CONTRACTOR
AND COMPLETION
14.1 The schedule of values established as provided in paragraph 2.9 will serve
as the basis for progress payments and will be incorporated into • form of
Application for Payment acceptable to ENGINEER. Progress payments oo account
of Unit Price Work will be based on the number of tmits completed.
Application for Progress Payment:
14.2 At least twenty days before each progress payment is scheduled (but not
more often than once a'month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled and signed by CONTRACTOR covering the
Work completed as of the date of the Application and accompanied by suck
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 documentation warranting that OWNER has received the materials and
equipment free and clear of all liens, charges, security interests and =cumbrances
(which are hereinafter in these General Conditions referred to as 'Liens') and
evidence that the materials and equipment are covered by appropriate property
insurance and other arrangements to protect OWNER'S interest therein, all of which
will be satisfactory to OWNER. The amount of retainage with respect to progress
payments will be as stipulated in the Agreement.
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CONTRACTOR'' Warranty of Title:
14.3 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.
Review of Applications for Progress Payment:
14.4 ENGINEER will, within ten 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. Ten days after presentation of the Application for Payment with
ENGINEER's recommendation, the amotmt recommended will (subject to the pro-
visions of the last sentence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5 ENGINEER's recommendation of any payment requested in an Applica-
tion for Payment will constitute a representation by ENGINEER to OWNER, based
on ENGINEER'S on -site observations of the Work in progress as an experienced and
qualified design professional and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules that the Work has progressed to
the point indicated; that, to the best of ENGINEER'S knowledge, information and
belief, the quality of the Work is 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 9.10, and to any other qualifications stated in the
recommendation); and that CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such payment, ENGINEER will not
thereby be deemed to have represented that exhaustive or continuous on -site
inspections have been made to check the quality or the quantity of the Work beyond
the responsibilities specifically assigned to ENGINEER in the Contract Documents
or that there may not be other matters or issues between the parties that might
entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold
payment to CONTRACTOR.
14.6 ENGINEER'S recommendation of final payment will constitute an addi-
tional representation by ENGINEER to OWNER that the conditions precedent to
CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13
have been fulfilled.
14.7 ENGINEER may refuse to recommend the whole or any part of any
payment if, in ENGINEER'S opinion, it would be incorrect to make such
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representations to OWNER. ENGINEER ma also refuse to recommend any such
payment, or, because of subsequently discovered evidence of the results of subse-
quent inspections or tests, nullify any such payment previously recommended, to
such extent as may be necessary in ENGINEER'S opinion to protect OWNER from
loss because: -
14.7.1 the Work is defective, or completed Work has been damaged requiring
correction or replacement,
14.7.2 the Contract Price has been reduced by Written Amendment or Change
Order,
14.7.3 OWNER has been required to correct defective Work or complete Work
in accordance with paragraph 13.14, or
14.7.4 of ENGINEER'S actual knowledge of the occurrence of any of the events
enumerated in paragraphs 152.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by
ENGINEER because claims have been made against OWNER on account of CON -
TRACTOR's performance or furnishing of the Work or Liens have been filed in
connection with the Work or then are other items entitling OWNER to a set -off
against the amount recommended, but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the reasons for such action.
Substantial Completion
14.8 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 CONTRAC-
TOR as incomplete) and request that ENGINEER issue a certificate of Substantial
Completion. Within a reasonable time 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 seasons 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 fourteen 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 fourteen days
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execute and deliver to OWNER and .CONTRACTOR a definitive certificate of
Substantial Completion (with'• 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 Completion, ENGINEER will
deliver to OWNER and CONTRACTOR a written recommendation as to division of
responsibilities pending final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, beat, utilities, insurance and
warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so
inform ENGINEER prior to ENGINEER's issuing the definitive certificate of
Substantial Completion, ENGINEER'. aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Work
after the date of Substantial Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the tentative list.
Partial Utilisation:
14.10 Use by OWNER of any finished part of the Work, which has specifically
been identified in the Contract Documents, or which OWNER, ENGINEER and
CONTRACTOR agree constitutes • separately functioning and usable part of the
Work that can be used by OWNER without significant interference with CON-
TRACTOR'' performance of the remainder of the Work, may be accomplished prior
to Substantial Completion of all the Work subject to the following:
14.10.1 OWNER at any time may request CONTRACTOR 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, CONTRACTOR will certify to OWNER and ENGINEER that said
part of the Work is substantially complete and request ENGINEER to
issue • 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 substan-
tially complete, the provisions of paragraphs 14.8 and 14.9 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.
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14.10.2 OWNER may at any time request CONTRACTOR in writing to permit
OWNER to take over operation of any such part of the Work although it
is not substantially complete. A copy of such request will.be sent to
ENGINEER and within a reasonable time thereafter OWNER, CON-
TRACTOR and ENGINEER shall make an inspection of that part of the
Work to determine its status of completion and will prepare a list of the
items remaining to be completed or corrected thereon before final
payment. 1f CONTRACTOR does not object in writing to OWNER and
ENGINEER that such part of the Work is not ready for separate
operation by OWNER, ENGINEER will finalise the list of items to be
completed or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation as to the
division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance,
utilities, insurance, warranties and guarantees for that part of the Work
which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise
agreed in writing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the Work, OWNER
shall allow CONTRACTOR reasonable access to complete or correct
items on said list and to complete other related Work.
14.10.3 No occupancy or separate operation of part of the Work will be
accomplished prior to compliance with the requirements of para-
graph 5.15 in respect of property insurance.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the entire Work or an
agreed portion thereof is complete, ENGINEER will make a final inspection with
OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
Final Application for Payment:
14.12 After CONTRACTOR has completed all such corrections to the satis-
faction of ENGINEER and delivered all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates of inspection, marked -up record docu-
ments (as provided in paragraph 6.19) and other documents - -all as required by the
Contract Documents, and after ENGINEER has indicated that the Work is accept-
able (subject to the provisions of paragraph 14.16), CONTRACTOR may make
application for final payment following the procedure for progress payments. The
final Application for Payment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and legally effective releases or
GC-46
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waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection
with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may
furnish receipts or releues in full; an affidavit of CONTRACTOR that the releases
and receipts include all labor, services, materials and equipment for which a Lien
could be filed, and that 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; and consent
of the surety, if any, to final payment. If any Subcontractor or Supplier fails to
furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other
collateral satisfactory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13 If, on the basis of ENGINEER'S observation of the Work during construc-
tion and final inspection, and ENGINEER's review of the final Application for
Payment and accompanying documentation - -alt as required by the Contract Docu-
ments, ENGINEER is satisfied that the Work has been completed and CONTRAC-
TOR's other obligations under the Contract Documents have been fulfilled, ENGI-
NEER will, within ten days after receipt of the final Application for Payment,
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 14.16. 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. Thirty days after presentation to OWNER of the
Application and accompanying documentation, in appropriate form and substance,
and with ENGINEER'S recommendation and notice of acceptability, the amount
recommended by ENGINEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14 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 retaining
stipulated in the Agreement, and if Bonds have been furnished as required in
paragraph 5.1, 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
CONTRACTOR 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.
GC-47
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Contractor's Continuing Obligation
GC-48
14.15 CONTRACTOR'S obligation to perform and complete the work in ac-
cordance with the Contract Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, no the issuance of a certificate of
Substantial Completion, nor' any payment by OWNER to CONTRACTOR under the
Contract Documents, nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER no any failure to do so, nor any
review and approval of a Shop Drawing or sample submission, nor the issuance of a
notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc-
tion of defective Work by OWNER will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of CONTRACTOR'S obliga-
tion to perform the Work in accordance with the Contract Documents (except as
provided in paragraph 14.16).
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Waiver of Claim:
14.16 The making and acceptance of final payment will constitute:
14.16.1 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 14.11 or from failure to comply with
the Contract Documents or the terms of any special guarantees specified
therein; however, it will not constitute a waiver by OWNER of any rights
in respect of CONTRACTOR'S continuing obligations under the Contract
Documents; and
14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than
those previously made in writing and still unsettled.
ARTICLE 1S SUSPENSION OF WORE
AND TERIONATION
Owner May Suspend Work:
15.1 OWNER may, at any time and without cause, suspend the Work or any
portion thereof for a period of not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRAC-
TOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any suspension if CONTRACTOR
makes an approved claim therefore as provided in Articles 11 and 12.
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Owner May Terminate:
15.2 Upon the occurrence of any one of more of the - following events:
15.2.1 if CONTRACTOR commences a voluntary case tinder any chapter of the
Bankruptcy Code (Title 11, United States Code), as now � hereafter in
effect, or if CONTRACTOR takes any equivalent' or similar action by
filing a petition or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or insolvency;
15.2.2 if a petition is filed against CONTRACTOR tinder any chapter of the
Bankruptcy Code as now cc hereafter in effect at the time of filing, or if
a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
152.3 if CONTRACTOR makes a general assignment for the benefit of
creditors;
15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed
under applicable law or under contract, whose appointment or authority
to take charge of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose of general
administration of such property for the benefit of CONTRACTOR'S
creditors;
15.2.5 if CONTRACTOR admits in writing an inability to pay its debts as they
become due;
152.6 if CONTRACTOR persistently fails to perform the Work in accordance
with the Contract Documents (including, but not limited to, failure to
supply sufficient skilled workers ar suitable materials or equipment or
failure to adhere to the progress schedule established under para-
graph 2.9 as revised from time to time);
152.7 if CONTRACTOR disregards Laws or Regulations of any public body
having jurisdiction;
152.8 if CONTRACTOR disregards the authority of ENGINEER; or
15.2.9 if CONTRACTOR otherwise violates in any substantial way any provi-
sions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven
days' written notice and to the extent permitted by Laws and Regulations, terminate
the services of CONTRACTOR, exclude CONTRACTOR from the cite and take
GC-49
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possession of the Work and all of CONTRACTOR', 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
finish 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 the direct, indirect and consequential
costs of completing the Work (including but not limited to fees and charges of
engineers, architects, attorneys and other professional's and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to OWNER.. Such costs incurred by
OWNER will be approved as to reasonableness by ENGINEER and incorporated in a
Change Order, but when exercising any rights or remedies under this paragraph,
OWNER shall not be required to obtain the lowest price for the Work performed.
15.3 Where CONTRACTOR'S services have been so terminated by OWNER,
the termination will not affect any rights or remedies of OWNER against CON-
TRACTOR then existing of which may thereafter accrue. Any retention or payment
of monies due CONTRACTOR by OWNER will not release CONTRACTOR from
liability.
15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER,
OWNER may, without cause and without prejudice to any other right or remedy,
elect to abandon the Work and terminate the Agreement. In such case, CON-
TRACTOR shall be paid for an Work executed and any expense sustained pl
reasonable termination expenses, which will include, but not be limited to, direct,
indirect and consequential costs (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals and court and arbitration
costs).
Contractor May Stop Weak or Terminate:
15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for
a period of more than ninety days by OWNER m under an order of court or other
public authority, or ENGINEER fails to act m any Application for Payment within
thirty days after it is submitted, or OWNER fails for thirty days to pay CON-
TRACTOR any sum finally determined to be due, the CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER, terminate the Agreement and
recover from OWNER payment for all Work executed and any expense sustained plus
reasonable termination expenses. In addition and in lieu of terminating the
Agreement, if ENGINEER has failed to at on an Application for Payment or
OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon
seven days' written notice to OWNER and ENGINEER stop the Work until payment
of all amounts then due. The provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in
GC -50
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accordance with the progress schedule and without delay during disputes and
disagreements with OWNER.
ARTICLE 16- -ARETTRAT1ON
16.1 All claims, disputes and other matterfin'questlon between OWNER and
CONTRACTOR arising out of, or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by 4be making or acceptance of
final payment u provided by paragraph 14.16)'riid toe 'decided by artibration in
accordance with the Construction Industry 'Arbitration Rules of the American
Arbitration Association then obtaining subject to thelimititions of this Article 16.
This agreement so to arbitrate and any other agreement or consent to arbitrate
entered into in accordance herewith as provided in this Article 16 will be specific-
ally enforceable under the prevailing law of any court laving jurisdiction.
162 No demand for arbitration of any claim, dispute or other matter that is
required to be referred to ENGINEER initially for decision in accordance with
paragraph 9.71 will be made until the earlier of {a) the date on which ENGINEER has
rendered a decision or (b) the tenth day after Aire parties have presented their
evidence to ENGINEER if a written decision bae not:been rendered by ENGINEER
before that date. No demand fm arbitration 'of any 'such claim, dispute or other
matter will be made later than thirty days after the date:on whicb ENGINEER has
rendered a written decision in respect thereof in accordance with paragraph 9.11;
and the failure to demand arbitration within said thirty days' period shall result in
ENGINEER'S decision being final and binding upon OWNER- and CONTRACTOR. If
ENGINEER renders a decision after arbitration proceedings have been initiated,
such decision may be entered as evidence but wiI:not supersede the arbitration
proceedings, except where the decision is acceptable to tGe parties concerned. No
demand for arbitration of any written decision of ENGINEER rendered in accord-
ance with paragrapb 9.10 will be made later 4han - teri days after the party making
such demand has delivered written notice 61 intention to appeal as provided in
paragraph 9.10.
16.3 Notice of the demand for arbitration will be -filed in writing with the
other party to the Agreement and with the American Arbitration Association, and a
copy will be sent to ENGINEER for information. The demand for arbitration will be
made within the thirty -day or ten -day period specified in paragraph 16.2, as
applicable, and in all such cases within a reasonable time after the claim, dispute or
other matter in question has arisen, and in no tweet shall any such demand be made
after the date when institution of legal or etitiitable proceedings based on such
claim, dispute or other matter in question would tee•barred the applicable statute
of limitations.
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16.4 No arbitration arising out of or relating'tothe- Contract Documents shall
include by consolidation, joinder or in any?otber: "manrirr any person or entity
GC -51
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(including ENGINEER, ENGINEER'' agents, employees or consultants) wbo is not •
party to this contract unless:
16.4.1 the inclusion of such other person or entity is necessary if complete
relief is to be afforded among those who are already parties to the
arbitration, 2 , f• as
16.4.2 such other person or entity is substantially involved in a question of law
or fact which is common to those who are already parties to the
arbitration and which will arise in such proceedings, and
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16.4.3 the %written consent of the other person or entity sought to be included
and of OWNER and CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this paragraph; but no
such consent shall constitute consent to arbitration of any dispute not
specifically described in such consent or to arbitration with any party
not specifically identified in such consent.
16.5 The award rendered by the arbitrators will be final, judgment may be
entered upon it in any court having jurisdiction thereof, and will not be subject to
modification or appeal except to the extent permitted by Sections 10 and 11 of the
Federal Arbitration Act (9 D.S.C. i 110, 11).
ARTICLE 17— MISCELLANEOUS
Giving Notice
17.1 Whenever any provision of the Contract Documents requires the giving
of written notice, it will be deemed to have been validly given 0 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.
Computation of Time:
172.1 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.
172.2 A calendar day of twenty -four hours measured from midnight to the next
midnight shall constitute a day.
GC -52
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General:
17.3 Should OWNER or CONTRACTOR suffer injury or damage to person or
property because of any error, omission or act of the other party or of any of the
other party's employees or agents or other for whose acts the other party is legally
liable, claim will be made in writing to the other party within a reasonable time of
the first observance of such injury or damage. The provisions of this paragraph 17.3
shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of limitations or repose.
17.4 The duties and obligations imposed by these General Conditions and the
rights and remedies available hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights
and remedies available to OWNER and ENGINEER tberetmder, 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 effective as if repeated
specifically in the Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply. All representations, warranties
and guaranteees made inthe Contract Documents will survive final payment and
termination or completion of the Agreement.
GC-53
SECTION 00800 - SUPPLEMENTARY CONDITIONS
GENERAL:
The provisions of this section of the specifications shall govern in the
event of any conflict between them and the "General Conditions of Agreement."
ARTICLE 2 -- PRELIMINARY MATTERS
COPIES OF DOCUMENT:
2.2 Section 22, Copies of Documents, of the General Conditions is hereby
modified as follows. Four (4) sets of Contract Documents shall be furnished to the
CONTRACTOR, at no charge, for construction purposes. Additional copies may be
obtained at cost of reproduction upon request. Cut sheets and one copy of field
notes will be furnished to the proper inspection division of the City of Round Rock if
required.
ARTICLE 4 -- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS
AVAILABILITY OF LANDS:
4.1 Section 4.1, Availability of Lands, of the General Conditions, is hereby
modified to include the following. The OWNER will provide rights-of -way for the
purpose of construction without cost to the CONTRACTOR.
The Owner is in the process of finalizing easements, permits and site
acquisition for lands upon which work is to be done. It is possible that delays on
acquisition of some of the property owner's lands for easements may occur. In such
cases, the Contractor shall schedule his work on easements and right-of -ways that
already have been acquired while such easement acquisition procedures are in
progress.
No extra cost to Contractor shall be due by Owner for any delays caused
by easement acquisition, but Owner may extend the calendar days of the contract, if
delays occur.
It shall be the responsibility of the CONTRACTOR, prior to the
initiation of construction on easements through private property, to inform the
property owner of his intent to begin construction. Before beginning construction in
areas of public dedication, the CONTRACTOR shall inform the agency having
jurisdiction in the area forty -eight (48) hours prior to initiation of the work.
00800 -1
PHYSICAL CONDITIONS:
4.2.1 Paragraph 4.2.1, Explorations and Reports, of the General Conditions is
hereby modified to include the following: Explorations and Reports utilized by
ENGINEER in preparation of Contract Documents are not to be construed as being a
part of the Contract Documents. Such reports are presented as Information
Available To Bidders and it is the Bidder's responsibility to inquire of ENGINEER if
additional information is available, to make arrangements to review same prior to
bidding and make his own determinations as to all physical conditions.
Additional Information Available to Bidders: Geological Investigation
for Proposed Brushy Creek Wastewater Line.
Copies of this report are attached to the Bidding Documents or may be
examined at the ofice of the Engineer during regular business hours. This report is
not a part of the Contract Documents.
EXISTING STRUCTURES:
4.2.2 Paragraph 4.22, Existing Structures, of the General Conditions is hereby
modified as follows. The plans show the locations of all known surface and
subsurface structures. However, the OWNER assumes no responsibility for failure
to show any or all of these structures on the plans, or to show them in their exact
location. It is mutually agreed that such failure shall not be considered sufficient
basis for claims for additional compensation for extra work or for increasing the pay
quantities in any manner whatsoever, unless the obstruction encountered is such as
to necessitate changes in the lines or grades, or requires the building of special
work, provisions for which are not made in the Contract Documents, in which case
the provisions in these specifications for extra work shall apply.
REFERENCE POINTS:
4.4 CONTRACTOR shall report to ENGINEER whenever any reference point
established by the ENGINEER is lost or destroyed or requires relocation for any
reason. ENGINEER shall re -establish such points and the OWNER shall deduct from
monies due to the CONTRACTOR the expense of re- establishing the reference
points. ENGINEER shall have the authority to stop all work and withhold approval
of payment to the CONTRACTOR at any time reference points have been destroyed
or adequate control is not in existence on the site. The decision of the ENGINEER
is final.
MATERIAL STORAGE:
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.3 Section 6.3, Labor, Materials and Equipment, of the General Conditions
is hereby modified to include the following. Materials and equipment delivered to
the site of the work in advance of their use shall be stored so as to cause the least
inconvenience and in a manner satisfactory to the ENGINEER. Materials and
equipment stored for extended periods shall be protected from weather conditions in
a manner satisfactory to the ENGINEER.
00800 -2
USED MATERIALS:
6.5 Section 6.5, Labor Materials and Equipment, of the General Conditions is
hereby modified to include the following. No material which has been used by the
CONTRACTOR for any temporary purpose whatever is to be incorporated in any
permanent structure without written consent of the ENGINEER. The CONTRAC-
TOR shall thoroughly clean all equipment and materials installed by him' and shall
deliver over such materials and equipment in a bright, clean, polished, and new-
appearing condition.
USE OF PREMISES:,
6.16 Section 6.16, Use of Premises; of the General Conditions, is hereby
modified to include the following. The CONTRACTOR's attention is directed to the
limits of work space as obtained by the OWNER and as shown on the plans. The
CONTRACTOR shall restrict his operations within the limits of the work space. He
shall be responsible for all damages to trees, crops, grasses, etc. which as a result of
his operations occur outside such limits. Should the CONTRACTOR require
additional work space for access, he shall make arrangements with the owners of
such property for such work space at no cost to the OWNER.
DISPOSAL OF WASTE MATERIALS:
6.17 Section 6.17, Use of Premises of the General Conditions is hereby
modified as follows.
During the progress of the Work, CONTRACTOR shall keep the premises
free from accumulations of excavated earth in excess of that required for
backfilling, waste materials, rubbish and other debris resulting from the Work, in
conformance with the Contract Documents.
All such excess or waste materials, rubbish and other debris shall, unless
otherwise specified in the Contract Documents, become the property of CONTRAC-
TOR to be removed from the premises at CONTRACTOR's expense in conformance
with all applicable governmental regulations, Contract Documents and to the
satisfaction of ENGINEER.
CONTRACTOR shall indemnify OWNER and ENGINEER against any and
all claims arising as a result of the CONTRACTOR's disposition of any excess or
waste materials, rubbish or other debris resulting from the Work.
PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED:
6.20 Section 6.20, Safety and Protection, of the General Conditions, is hereby
modified to include the following. In case it is necessary to change or move the
property of any owner or of a public utility, such property shall not be moved or
00800-3
interfered with until ordered to do so by the ENGINEER. The right is reserved to
the owner of public utilities to enter upon the limits of the project for the purpose
of making such changes or repairs of their property that may be made necessary by
performance of this contract.
The CONTRACTOR shall be responsible for the protection of all existing
utilities or improvements crossed by or adjacent to his construction operations.
Where existing utilities or service lines are cut, broken or damaged, the CONTRAC-
TOR shall replace or repair immediately the utilities, service lines or improvements
with the same type of original material and construction, or better, at his own cost
and expense.
USE OF EXPLOSIVES:
6.20 Section 6.20, Safety and Protection, of the General Conditions is hereby
modified to include the following. Use of explosives shall conform to all regulations
of local government in force at the time of blasting. • ..
Should the contractor elect to use explosives in the prosecution of the
work, the utmost care shall be exercised so as not to endanger life or property. The
OWNER and ENGINEER shall not be held liable for damages done by the CON-
TRACTOR in the use of explosives. In addition, the Contractor will be compelled
under the contract to provide, through a reputable soils engineering firm professing
expertise in this engineering discipline, a monitoring of all blasting as it pertains to
all surrounding existing structures, wells, or utilities; and show evidence of same
prior to the execution of this Contract.
The CONTRACTOR shall notify the proper representatives of any public
service corporation, any company, or any individual not less than eight (8) hours in
advance of the use of explosives which might endanger or damage their or his
property along or adjacent to the work. Whenever explosives are stored or kept,
they shall be stored in a safe and secure manner and all storage places be lain
marked "DANGEROUS EXPLOSIVES,' and shall be under the care of a compe
watchman at all times.
TREE PROTECTION:
6.20.3 Section 6.20.3, Safety and Protection, of the General Conditions is
hereby modified to include the following. The CONTRACTOR shall protect trees as
required by the Contract Documents. The working space noted on the Plans is not
intended to indicate all trees can be removed. Unauthorized tree removal or
damage will be compensated as specified in the Contract Documents.
SHOP DRAWINGS AND SAMPLES:
6.23 & 6.24Sections 6.23 and 6.24, Shop Drawings and Samples, of the General
Conditions is hereby modified to include the following. The CONTRACTOR shall
make all submittals in conformance with the General Requirements for Shop
Drawings, Product Data and Samples. _
00800 -4
COORDINATION:
SCHEDULE OF VALUES:
ARTICLE 7 — OTHER WORK
7.4 Section 7.4, Coordination, of the General Conditions is hereby modified
as follows. If OWNER contracts with others for the performance of other work on
the Project at the site, the person or organization who will have authority and
responsibility for coordination of the activities among the various prime contractors
shall be the OWNER's Representative. The extent of the authority and responsibi-
lity of the OWNER'S Representative will be as specified in the Contract Documents.
ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
INSPECTION:
13.4 Section 13.4,- Testing and Inspections, of the General Conditions is
hereby modified as follows. The City of Round Rock Inspectors will inspect this
project. The OWNER will pay inspection and testing fees required by the City of
Round Rock.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETMO
14.1 Section 14.1, Schedule of Values, of the General Conditions is hereby
modified as follows. Unit Prices, as defined in the Bid Schedule, will serve as the
basis for progress payments.
APPLICATION FOR PROGRESS PAYMENT:
14.2 Section 14.2, Application for Progress Payment, of the General Condi-
tions is hereby modified as follows. CONTRACTOR shall submit for payment on or
before the last day of each month.
ARBITRATION
16.1 Paragraph 16.1 of the General Conditions shall be modified t
the following:
PROVISIONS OF THIS AGREEMENT ARE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT
V.A.C.S., ART. 224 TO 238-6
00800 -5
include
REVIEW OF APPLICATION FOR PROGRESS PAYMENT:
14.4 Section 14.4, Review of Application for Progress Payment, of the
General Conditions is hereby modified as follows. The amount recommended by the
ENGINEER will become due (subject to the provisions of the last sentence of
paragraph 14.7, General Conditions) by the twentieth day of the month following the
month in which the Application for Progress Payment was submitted by the
CONTRACTOR to the ENGINEER.
00800 -6
1
e h
ESPLY, HUSTON & ASSOCIATES, INC.
DIVISION 1
GENERAL REQUIREMENTS
4
01000 -
SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.01 DESCRIPTION
A. The CONTRACTOR shall construct in conformance with these Contract
Documents certain gravity wastewater interceptor titled as BRUSHY
CREEK 54 INCH WASTEWATER INTERCEPTOR.
B. The CONTRACTOR shall furnish all superintendence, labor, and
materials necessary to complete the installation of the work as shown on
the Plans and described in the Specifications. Except where 'otherwise
specified, the CONTRACTOR shall file all necessary applications or
notices, pay all fees, deposits or other charges, and procure all , construc-
tion permits, licenses, inspections, etc., which are customary or required
for normal and lawful prosecution of the work. The CONTRACTOR shall
remove pavement as may be necessary; excavate any necessary trenches
and pits to the required dimensions; excavate the bell holes; construct
and maintain all bridges required for traffic control; sheet, brace and
support the adjoining ground or structures where necessary; handle all
drainage or ground water; guard the site; unload, haul, and distribute, lay
and test all materials, fittings, and accessories; rearrange sewers,
conduits, ducts, or pipes where necessary; replace all damaged drains,
sewers, or other structures; backfill trenches and pits; restore the
surface and all improvements unless otherwise stipulated; remove surplus
excavated material; clean the site of work; and maintain the existing
creek grades or other surface over the trench.
C. The finished project in all cases shall conform with the lines, grades,
cross- sections, dimensions, finish and other requirements shown on the
Plans or otherwise described in the Contract Documents. Such devi-
ations from the approved Contract Documents as may be required during
construction will in all cases be determined by the ENGINEER, and
authorized in writing.
1.02 CONTRACT METHOD
A. Construct the Work under a single unit price contract.
B. Relations and responsibilities between CONTRACTOR and subcontrac-
tors shall be as defined in Conditions of the Contract. Subcontractors
shall, in addition:
1. Furnish to CONTRACTOR bonds covering faithful performance of
subcontracted work and payment of all obligations thereunder when
CONTRACTOR is required to furnish such bonds to OWNER.
END OF SECTION
01010 -1
SECTION 01014 - WORK SEQUENCE
PART 1 - GENERAL
1.01 GENERAL WORK SEQUENCE
A. The CONTRACTOR shall at all times confine the construction operation
to a work site of no greater than 2,600 feet as measured along the
centerline of the pipe being installed and including those specified access
roads as are required to conduct construction operations within the work
site. For the purposes of determining the sequence of work within the
work site the CONTRACTOR shall consider the work site as consisting
of four parts, herein called Phases. The specific procedures and detailed
work sequence determined by the CONTRACTOR shall conform to the
following General Work Sequence:
1. Phase One (not to exceed 300 feet measured along the centerline
of pipe and including specified access roads) - ahead of all material
or equipment storage and all trenching operations the CONTRAC-
TOR shall install all construction barriers, work site fences, tree
protection devices, temporary erosion control devices including silt
fences, brush berms, and all other items specified to protect the
environment during the construction process. The CONTRACTOR
shall locate all existing utilities and structures, underground and
overhead, checking to assure that no conflicts with the proposed
work will occur. Should any conflict with the proposed work be
found, the CONTRACTOR shall promptly notify the ENGINEER
who will arrange for remedial action. The CONTRACTOR shall
endeavor to undertake all activity within Phase One with a
minimum of clearing or grubbing in order to minimize environ-
mental disturbance occurring prior to placement of erosion control
and environmental protection devices.
Z. Phase Two (not to exceed 300 feet measured along the centerline
of pipe) - clearing, grubbing, trenching and pipe laying may pro-
ceed where all Phase One activities have been concluded and the
CONTRACTOR has assured himself that all utility locations have
been determined and adequate measures have been taken to
protect the existing utilities in conformance with the Contract
Documents.
3. Phase Three (not to exceed 1,000 feet measured along the
centerline of pipe) - backfilling, compaction, installation of
additional or relocated erosion controls, testing of pipelines, and
clean -up shall be performed promptly after pipe laying is
completed and in conformance with the Contract Documents.
01014 -1
4. Phase Four (not to exceed 1,000 feet measured along the centerline
of pipe) - where all backfill, compaction, and testing have been
satisfactorily completed and approved the CONTRACTOR shall
repair or restore and revegetate as specified all damages resulting
from the construction operations to a pleasing and useful condition
equal to or superior to the condition before construction began.
The work site shall be thoroughly cleaned -up, revegetated and
restored before a new area may be entered to begin Phase One
activities. lI
B. The CONTRACTOR may not construe the General Work Sequence as
dictating any procedure which may endanger the safety of any person or
property. The expense of all procedures which the CONTRACTOR may
determine are necessary to safely, acceptably, and properly execute the
work in conformance with the General Work Sequence shall be con-
sidered as having been included in the applicable unit prices or lump sum
prices bid for the work.
1.02 DETAILED WORK SEQUENCE
The CONTRACTOR is required to determine his own method of con-
struction and detailed work sequence conforming to the General Work
Sequence specified herein, as well as all other terms of the Contract
Documents.
END OF SECTION
01014 -2
SECTION 01015 - CONTRACTOR USE OF PREMISES
PART 1 - GENERAL
1.01 WORK SPACE
A. The CONTRACTOR shall be responsible for accurately locating in the
field the limits of the access roads, yards, workspaces, limited access
areas, tree protection areas and similar spaces in conformance with the
Drawings and Specifications.
B. The CONTRACTOR shall fence, mark, or erect other boundaries around
all spaces in conformance with the Contract Documents.
C. The CONTRACTOR shall limit all work and materials handling to the
area designated for such use in the Contract Documents. The CON-
TRACTOR shall prevent any work or materials handling from encroach-
ing on any tree protection areas or similar space in conformance with
the Contract Documents.
D. The CONTRACTOR shall at all times conduct his operations and use of
construction machinery so as to avoid unnecessary injury, damage or
destruction to any trees or shrubs, utilities, structures or other improve-
ments except where and as noted' or stipulated by the Plans or other
Contract Documents, or specifically approved or directed by the
ENGINEER.
E. The CONTRACTOR shall notify the owners or proper agents of the
property adjacent to the construction operations at least forty -eight (48)
hours before commencing any work which might damage or interfere
with the operation of their property. If any public or private property,
utility, or improvement is injured or damaged as a result of the conduct
or neglect of the CONTRACTOR's operations, he shall at his own
expense immediately repair, rebuild, replace or otherwise restore the
property to a pleasing and useful condition equal or superior to that
before damaged, in conformance with the Contract Documents and to
the satisfaction of the ENGINEER. Within thirty (30) calendar days
after the occurrence of any such damages, the CONTRACTOR shall file
with the ENGINEER a written statement giving full particulars of the
incident and describing the disposition of the claim.
In case of failure by the CONTRACTOR to restore such property or
make good the damages, upon seventy -two (72) hours written notice
under ordinary circumstances -- and without notice when a hazardous
condition results - the OWNER may arrange to repair, rebuild, or
01015 -1
otherwise restore such property as may be deemed appropriate and the
entire cost will be deducted from funds due the CONTRACTOR under
this or any other contract with the OWNER.
F. The CONTRACTOR shall prohibit hunting, fishing, the building of ground
fires or stoves for cooking or heating, keeping of animals, littering, or
any other activity within the jobsite which is not directly required to
pursue the work specified by these Contract Documents.
G. The CONTRACTOR shall prohibit any overnight or after working hours
occupancy of the jobsite except as specifically approved by the
ENGINEER for purposes of providing security in conformance with the
Contract Documents.
H. The CONTRACTOR shall obtain the written permission of the ENGI-
NEER prior to locating any temporary storage shed, office shed or
trailer, watchman's quarters or office, or any other structure for the
protection or housing of material, equipment or persons.
1.02 PRIVATE PROPERTY
A. Where the work must pass into or across private property, the OWNER
will provide the necessary permanent easements and such temporary
working space easements as may be judged by the ENGINEER to be
necessary and sufficient for construction of the project. Such permanent
and temporary easements are as indicated on the Plans.
Any additional ground desired by the CONTRACTOR for his use shall be
obtained by him at his own expense. The CONTRACTOR shall furnish
the ENGINEER with two copies of the agreement between the property
owner and the CONTRACTOR permitting use of space in addition to that
indicated on the plans prior to any occupancy of such space.
Each temporary and permanent easement is obtained with the agreement
and understanding that no serious damage will be done to the property
during the construction.
B. At his own expense and in conformance with the Contract Documents
the CONTRACTOR shall perform all clearing, grubbing, grading, etc.,
required for construction of the project, but shall exercise every
precaution to preserve the property from unnecessary damage. Except
as noted or specified by the Contract Document or as specifically
approved by the ENGINEER, all structures, fences, and other improve-
ments shall be protected and maintained in condition for normal usage.
01015 -2
C. Any fencing, bracing, shoring, sheeting or other support, temporary or
permanent repairs, and any other special care or precautions necessary
to preserve the property and improvements shall be provided by the
CONTRACTOR at his own expense. Immediately following the comple-
tion of construction work as it progresses, the CONTRACTOR at his own
expense shall restore or make good any damage, perform all cleanup, and
return the property to a pleasing, useful condition appropriate to the
surroundings, and equal to superior to the conditions before construction
began in conformance with the Contract Documents.
D. The prices bid for the various items of work shall be full payment to the
CONTRACTOR for performing the work in strict compliance with all
requirements of the easement.
1.03 CITY AND COUNTY RIGHTS -OF -WAY
A. For the performance of contract, the CONTRACTOR will be allowed to
occupy and use such portions of the public streets, alleys, rights -of -way,
and other public places as may be permitted by the City of Round Rock's
or Williamson County's Codes and Ordinances and deemed by the
ENGINEER to be needed for effective prosecution of the work. The
CONTRACTOR will be responsible for obtaining any required permits
from the Public Works Department and paying all appropriate fees prior
to cutting any street, sidewalk or driveway. In the case of the County
right-of -way, the CONTRACTOR will be responsible for contacting the
appropriate County Commissioner's Precinct Office and for coordinating
his activities with the operating program in effect for utility cuts in that
precinct.
B. City of Round Rock or Williamson County work forces, or other
contractors performing work for the City or County, may enter upon the
premises or job site used by the CONTRACTOR and shall be provided all
reasonable facilities and accommodations for carrying on their work.
1.04 RAILROAD RIGHTS -OF -WAY
A. Where the project is scheduled to pass into or through any railroad right -
of-way, the OWNER will unless otherwise specified secure the permit for
construction operations. The CONTRACTOR shall comply with all the
requirements of the permit, giving any notices called for, coordinating
the work with train schedules, arranging for inspection of the work by
railway personnel, and any other particular conditions to the satisfaction
of the railroad's Roadmaster.
B. Should the permit and contract documents for any given project fail to
describe such conditions in specific detail, all work on railroad property
shall meet the following minimum requirements:
01015 -3
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
No open -cut trenching will be permitted within fifteen (15) feet of the
track centerline under any circumstances; actual distance shall be based
on roadbed and embankment conditions, according to railroad recom-
mendations. Within such distance from the. tracks, gravity -flow piping
shall be cast iron or ductile iron placed by boring, jacking or tunnelling
and pressure grouted into place. Within that same distance, pipelines
under pressure shall be placed in an approved encasement pipe which is
bored, jacked or tunnelled and then pressure grouted into place. No
vehicles, equipment, supplies, dirt or debris will be permitted within
fifteen (15) feet of the track centerline at any time.
1.05 STATE RIGHTS -OF -WAY
A. Where the project is scheduled to pass within the right -of -way of any
State or U.S. Highway, the OWNER will unless otherwise specified
secure the permit for construction operations.
B. The CONTRACTOR shall comply with all provisions and requirements of
the permit, giving any notices called for, coordinating and scheduling the
work to minimize hazards, inconvenience and delays to the traffic.
Should any such permit fail to stipulate more stringent conditions;
however, all work on highway property shall meet the following minimum
requirements:
Unless specifically authorized in writing, no open -cut trenching will be
permitted within ten (10) feet of highway paving. All work must be
accomplished with minimum inconvenience to traffic. No excavated
spoil, dirt, debris or supplies will be permitted within ten (10) feet of the
highway pavement at any time. No vehicles or equipment will be
permitted on the highway pavement at any time. All hazards to traffic,
such as work on the road shoulder, must be clearly marked and protected
by lights, warning signs and barricades at all times, and flagmen if
equipment is within ten (10) feet of highway pavement.
END OF SECTION
01015 -4
SECTION 01018 - OWNER FURNISHED ITEMS
PART 1 - GENERAL
1.01 MATERIALS FURNISHED BY THE OWNER
A. The OWNER reserves the right to furnish materials to the CONTRAC-
TOR to be installed by the CONTRACTOR, whenever designated on the
plans or other Contract Documents. These materials will be furnished to
the CONTRACTOR at the project, unless otherwise noted, and it will be
the CONTRACTOR'S duty to accept, load, haul and unload these
materials at the job site.
b. The CONTRACTOR's responsibility for material furnished by the
OWNER shall begin at the point of delivery by the manufacturer, or
OWNER, and upon acceptance of the material by the CONTRACTOR.
The CONTRACTOR shall examine all material furnished by the OWNER
at the time and place of delivery, and shall reject all defective material.
Any defective material furnished by the OWNER and not rejected by the
CONTRACTOR, and discovered prior to final acceptance of the work,
will be recplaced with sound material by the OWNER, and the OWNER
will furnish such additional material and supplies as may be necessary to
install such replaced material; the CONTRACTOR, however, shall
remove the defective material and install the replaced material at his
own expense, furnishing all the labor and facilities necessary to complete
the work to the satisfaction of the ENGINEER.
C. Any material furnished by the OWNER that becomes damaged after
acceptance by the CONTRACTOR, shall be replaced by the CONTRAC-
TOR at his own expense.
END OF SECTION
01018 -1
SECTION 01030 - SPECIAL PROJECT PROCEDURES
PART 1 - GENERAL
1.01 CONTRACTOR'S RESPONSE PROCEDURE
A. Before commencing work on the project, the CONTRACTOR shall
submit to the ENGINEER in writing the name, residence address and
telephone number of his project superintendent and at least one other
foreman, supervisor, or responsible assistant, each having full authority
to act as the Contractor's agent for the work. AT ALL TIMES one (1) or
more such agents shall be immediately available by telephone and
prepared to respond to emergencies.
•
B. Authorized agents of the CONTRACTOR shall respond immediately to
call -out at any time of any day or night when the ENGINEER determines
that circumstances warrant the presence on the project site of an agent
of the CONTRACTOR to protect the work or adjacent property from
damage, restriction or limitation, or to take such action or measures
pertaining to the work as the ENGINEER may consider necessary to
provide for the safety of the public. '
C. Should the CONTRACTOR and his agents fail to respond and take action
to alleviate such an emergency situation, the ENGINEER may direct
other forces to take action as necessary to remedy the emergency
condition. In such a case, the OWNER will deduct the cost of such
remedial action from funds to the CONTRACTOR. _
1.02 ACCEPTABILITY OF PROCEDURES
A. All work shall be accomplished by procedures which are acceptable to
the ENGINEER. The ENGINEER will not attempt to dictate specific
working methods, but it shall be the CONTRACTOR's responsibility to
ascertain beforehand that the methods which he desires to use will be
acceptable to the ENGINEER, taking into consideration the actual job
conditions expected.
B. All work must be done with the approval of the OWNER and his
authorized representatives, in accordance with the Contract Documents.
The ENGINEER will decide all questions as to acceptability of materials,
manner of performance, rate of progress, beginning points of the work,
interpretations of the Plans and Specifications, and the acceptable
fulfillment of the Contract on the part of the CONTRACTOR.
01030 -1
1.03 PROCEDURES RELATING TO EXISTING UTILITIES
A. The CONTRACTOR shall at all times take precautions to keep all
utilities within the area of construction, either underground or overhead,
operational. The CONTRACTOR shall notify the Owner of existing
utilities at least forty -eight (48) hours before crossing underground
piping, cables, conduits, etc. The Owner of any poles shall be notified
and arrangements made for temporarily supporting, relocating, or
moving any poles near the trenchline. The CONTRACTOR shall bear all
expenses for temporary or permanent alterations or support, for repair
of damage, or for precautions against damage to such other existing
utilities. The locations of utilities shown on the Plans are approximate
only and do not necessarily indicate all the utilities that may be
encountered during construction. The failure of a utility to be shown on
the Plans does not relieve the CONTRACTOR of the responsibility of
any injuries he may inflict on the utility, and in case of injury, it shall be
repaired at the expense of the CONTRACTOR.
B. Underground utilities crossed shall be supported as shown on the Plans or
as directed by the Owner of the utility and accepted by the ENGINEER.
Trenching or tunnelling under existing utilities, culverts, etc., and
providing temporary support shall be done at no additional expense to the
OWNER. Whenever other utilities are encountered whose present grade
would conflict with the construction, the CONTRACTOR shall notify the
ENGINEER who shall arrange revisions without unreasonable delay.
C. If the work requires shut -off of any part of the existing- City of Round
Rock water system, these shut -offs will be made by the Water Dis-
tribution Division upon reasonable notice by the CONTRACTOR
requesting same, unless otherwise directed by the ENGINEER.
D. Free access shall at all times be maintained to all emergency and utility
control facilities such as fire hydrants, fire alarm boxes, police call
boxes, and utility valves, vaults, manholes, junction boxes, etc. In the
event that it is necessary to make one of these facilities temporarily
inaccessible, the CONTRACTOR shall obtain approval of such action and
the schedule of work from the ENGINEER. He shall also give at least
twenty -four (24) hours prior notice to the Fire Department, Police
Department, or the department governing the affected utility. The same
department(s) shall be promptly notified by the CONTRACTOR when
such facilities are placed back in unobstructed service.
1.04 PROCEDURES RELATING TO EMERGENCY RECTIFICATION WORK
A. After a request from the ENGINEER to rectify omissions or dis-
crepancies in the work, should the CONTRATOR fail to respond within a
reasonable time with the corrective action necessary for the work to
conform to the requirements of the Contract Documents, the ENGINEER
01030 -2
may give the CONTRACTOR written notice pointing out the specific
omissions or discrepancies, requesting him to correct them and directing
him that an emergency will exist if remedial action is not taken.
B. If the CONTRACTOR does not respond to this .written notice with
positive attempts to correct the situation within seventy -two (72) hours,
or show good cause for not taking such action, the ENGINEER may
direct other forces to carry out the necessary corrective action as an
emergency measure. In such a case, the OWNER will deduct the cost of
such remedial action from funds due the CONTRACTOR.
1.05 PROCEDURES RELATING TO BLASTING
A. When the use or storage of explosives or other hazardous materials or
equipment is necessary for the execution of the work, the CONTRAC-
TOR shall exercise the utmost care and shall carry on such activities
under the supervision of properly qualified personnel.
B. All Blasting, including methods of storing and handling explosives and
highly inflammable materials, shall conform to all Federal, State, and
Local Laws and Ordinances. All City of Round Rock Ordinances shall be
complied with even though some or all of the blasting is done outside the
City Limits unless the applicable Ordinance is in conflict with the law of
the jurisdiction where the action is being taken.
• � vt
C. The following is a list of requirements in addition to Federal, State, and
Local Laws and Ordinances: _
1. The CONTRACTOR shall furnish the owner with a Certificate of
Blasting Insurance in the amount of $300,000.00 for each contract,
at least twenty -four (24) hours prior to using explosives. If Blasting
is covered under the Contractor's General Insurance Certificate for
each contract, a separate blasting certificate will not be required.
2. The following public utility companies and City of Round Rock
Departments will be notified by the CONTRACTOR, on every
occasion, at least twenty -four (24) hours prior to the use of
explosives: Water and Wastewater, Electric, Gas, Telephone and
the City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents
and dynamite, unless prior approval of other materials is obtained
in writing from the Engineering Department of the City of Round
Rock.
4. During blasting, all reasonable precautions shall be taken to
protect pedestrians, passing vehicles, and public or private
property. Blasting mats or protective cover shall be used when
_ required by the permit or by safe blasting practices.
01030 -3
D. The OWNER or his representative shall have the right to limit the use of
explosives and /or blasting methods which in his opinion are dangerous to
the public or nearby property of any kind.
E. The CONTRACTOR, at his expense, shall promptly repair or replace all
items known, to be damaged as a result of blasting.
F. The CONTRACTOR shall maintain accurate records throughout the
Blasting operations showing the type explosive used, number of holes,
pounds per hole, depth of hole, total pounds per shot, delays used, date
and time of blast and initials of the Inspector. The CONTRACTOR is
fully responsible for all claims resulting from his blasting operation.
G. All damage or loss to any property referred to in this article caused in
whole or in part by the CONTRACTOR, any Subcontractor, any Sub -
subcontractor, or anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable, shall be remedied
by the CONTRACTOR, except damage or loss attributable solely to
faulty Drawings or Specifications or solely to the acts or omissions of
the OWNER or ENGINEER or anyone employed by either of them, and
not attributable in any degree to the fault or negligence of the
CONTRACTOR. &
END OF SECTION
01030 -4
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1 - GENERAL
1.01 CITY OF ROUND ROCK
It is the intention of these Contract Documents to describe and provide
for work and materials which conform to all applicable parts of The
Code of the City of Round Rock and which shall be acceptable for
connection to and inclusion in the utility system of the City of Round
Rock.
1.02 OTHER REGULATIONS
The CONTRACTOR shall at all times observe and comply with all
Federal, State and Local Laws, ordinances and regulations, which in any
manner affect the contract or the work, and shall indemnify and save
harmless the OWNER against any claim arising from the violation of any
such laws and ordinances, whether by the r CONTRACTOR or his
employees. In case the OWNER is a body politic and corporate, the law
from which it derives its powers, insofar as the same regulates the
objects for which or the manner in which, or the conditions under which,
the OWNER may enter into contract, shall `be controlling, and shall be
considered as part of this contract, to the same effect as though
embodied herein.
1.03 CONFLICTING REQUIREMENTS
A. The CONTRACTOR shall be familiar with all regulations applicable to
the work and materials specified in the Contract Documents. The
CONTRACTOR shall at all times be responsible for conducting the work
in conformance with all applicable regulations.
B. In case of conflicting requirements the CONTRACTOR shall immedi-
ately notify the ENGINEER which will take prompt action in conform-
ance with the Contract Documents.
1.04 PERMITS, LICENSES, AND FEES
Except where otherwise noted or specified, the CONTRATOR shall file
all applications or notices, pay all fees, deposits or other charges, and
procure all inspections, meters, permits, licenses, etc., which are
required or customary for normal and lawful prosecution of the work.
END OF SECTION
01060 -1
SECTION 01090 - REFERENCE STANDARDS
PART 1 - GENERAL
1.01 QUALITY ASSURANCE
A. For products or workmanship specified by association, trade, or Federal
Standards, comply with requirements of the standard, except when more
rigid requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect as of the Bid date, or date of
Owner- Contractor Agreement when there are no bids, except when a
specific date is specified.
C. When required by individual Specifications section, obtain copy of
standard. Maintain copy at jobsite during submittals, planning, and
progress of the specific work, until Substantial Completion.
1.02 SCHEDULE OF REFERENCES . f
AASHTO American Association of State Highway
. .i and Transportation Officials r
444 North Capitol Street, N.W.'
Washington, DC 20001
ACI American Concrete Institute
Box 19150
Reford Station
Detroit, MI 48219
AGC Associated General Contractors of America
1957 E Street, N.W.
Washington, DC 20006
AI Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
AISC American Institute of Steel Construction
400 North Michigan Avenue
Eighth Floor
Chicago, IL 60611
AISI American Iron and Steel Institute
1000 16th Street, N.W.
Washington, DC 20036
01090 -1
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
ASTM American Society for Testing and Materials
1916 Race Street
Phildelphia, PA 19103
AWWA American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
AWS American Welding Society
550 LeJeune Road
Miami, FL 33135
CRSI "Concrete Reinforcing Steel Institute
933 Plum Grove Road '
Schaumburg, IL 60195 ' ,*
EJCDC Engineers' Joint Contract Documents
Committee • -
American Consulting Engineers Council. s
1050 15th Street, N.W.
Washington, DC 20005
FS Federal Specification
General Services Administration
Specifications and Consumer Information
Distribution Section (WFSIS)
Washington Navy Yard, Bldg. 197
Washington, DC 20407
NEMA National Electrical Manufacturers' Association
2101 L Street, N.W.
Washington, DC 20037
NFPA National Fire Protection Association
Battery March Park
Quincy, MA 02269
PCI Prestressed Concrete Institute
201 North Wacker Drive
Chicago, IL 60606
RR City of Round Rock
Standard Specifications for Public Works
214 E Main
Round Rock, Texas
01090 -2
RR Standard Construction Specifications for Water
and Wastewater Department
Z14 E Main
Round Rock, Texas 78701
THD Texas State Department of Highways and Public
Transportation
TWC Texas Water Commission
P. O. Box 13087, Capitol Station
Austin, Tx. 78711
UL
Texas Standard Specifications
Dewitt C. Greer
State Highway Bldg.
11th and Brazos
Austin, TX 78701
Underwriters' Laboratories, Inc.
333 Pfingston Road
Northbrook,IL 60062
END OF SECTION
01090 -3
SECTION 01150 - MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01
BID QUANTITIES
A. The bid quantities of the various classes of work to be done and material
to be furnished under the contract are approximate and are to be used
only as a basis for estimating the probable cost of the work and for
comparing the Proposals offered for the work. It is understood and
agreed that the CONTRACTOR will actually perform the quantities of
work found to be necessary to produce a complete and workable project
suitable for its intended purpose, and will be paid on the basis of his unit
and lump sum contract prices for such work, and will make no claim for
damages or loss of anticipated profits due to any such variation in
quantities of work other, than as set out in the Contract Documents.
B. Final payment will be made only for work performed and accepted. The
CONTRACTOR shall verify quantities before ordering materials. Unless
stated otherwise in the Contract Documents, it is understood that all
payments are for finished work and include all labor, tools, materials,
constructing and completing the item for which payment is made.
1.02 LETTER OF ACCEPTANCE
A. The CONTRACTOR shall submit a letter of acceptance from the City of
Round Rock before requesting final payment.
PART 2 - PRODUCTS
2.01 WASTEWATER PIPE
A. Wastewater pipe will be paid for at the unit contract price per linear
foot, for the size, type and depths specified. Measurements for
wastewater pipe line shall be the horizontal distance along the centerline
of the pipe not including distance through the manholes. The contract
price per linear foot shall also include all site preparation, excavation,
bedding material, fittings, plugs, pipe coatings, connections to existing
system, backfilling, disposal of surplus materials, work space fence,
testing, and clean up. Payment will also represent compensation for
replacement of pavement, curb, drainage structures, driveway, fencing
and any other improvements damaged during construction. Concrete
blocking for supporting and reinforcing bends, and thrust blocks shall be
included in the cost for pipe. Measurement for depth shall be from
proposed subgrade over centerline of the pipe to the flow line of the
01150 -1
pipe, except in areas where pipe is installed outside of subgrade limits;
then depth shall be measured from existing ground elevation over
centerline of the pipe to flow line of the pipe.
B. When called for on the Plans pipe shall be installed by boring. Pipe shall
be paid for at the unit price bid per linear foot for the length indicated
on the Plans and will include the wastewater pipe and all grout, encase-
ment, required testing and other appurtenances required to complete the
approved installation. The unit price shall be full compensation for
excavation pit, pilot hole, casing pipe and pressure grouting and all
incidentals necessary to complete the item in place. The CONTRAC-
TOR may request approval for boring, longer than required, however, any
extra length requested solely for the CONTRACTOR's own convenience
shall be paid as if installation were by open trench construction at the
depth encountered. ° 3
C. As noted above, pipe complete in place includes testing. The CON-
TRACTOR may request payment for 80 %, less retainage, of the unit
price for pipe otherwise in place and not tested.
2.02 MANHOLES
A. Manholes shall be paid for at the unit price bid per manhole structure
with all appurtenances including precast base or "T" with "Eyes ", stubs
and plugs as specified, as called for on the plans, rings, cones, lids,
bolted covers, bedding and backfilling complete in place.
B. Vertical riser pipe shall be paid for at the Unit Contract Price per
vertical foot. Vertical footage shall be from ground surface to flowline
of pipe less eight feet.
C. As noted above, manholes complete in place include testing. The
CONTRACTOR may request payment for 80 %, less retainage, of the unit
price for manholes and risers complete in place and not tested to a total
maximum of all manholes included within up to 1,000 linear feet of pipe.
2.03 CONCRETE ENCASEMENT
A. Concrete Encasement will be paid for at the unit contract price per
linear foot for the size of pipe specified. Measurement for Concrete
Encasement shall be the horizontal distance along the centerline of the
pipe as measured by the ENGINEER. The price shall be full compensa-
tion for labor, equipment, materials, and all incidentals necessary to
complete the item in place.
01150 -2
2.04 MISCELLANEOUS CONCRETE AND ROCK STRUCTURES:
A. Miscellaneous concrete structures and appurtenances, such as, inlets,
headwalls, drop structures, dissipators, etc., will be paid for at the unit
contract price per each, which shall be considered full compensation for
furnishing and placing all materials and incidentals necessary to
complete the work.
B. Rock Gabions, when called for in the contract documents, shall be paid
for at the unit contract price per linear foot and shall be full
compensation for furnishing all labor, equipment, materials and all
incidentals necessary to complete the work.
2.05 TEMPORARY AND PERMANENT EROSION CONTROL
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Tempor and Permanent Erosion Control items shall be paid for at the
bid price per the unit of measure stated in the proposal including all
required materials and - labor, complete in place. Items bid on a per
linear foot or per each basis shall be paid for as installed. The lump sum
for items so bid shall be full compensation for those items, monthly
progress payments being made for work performed during the job.
2.06 TREE PROTECTION COLLARS
A. Tree protection collars shall be paid for at the unit contract price per
each and shall include full compensation for furnishing all labor, tools,
equipment, materials and incidentals necessary to complete the work.
2.07 SANDBAG DIKE
A. Sandbag dikes shall be paid for at the unit contract price per linear foot
and shall include full compensation for furnishing all labor, tools,
equipment, materials and i ncidentals necessary to complete the work.
2.08 SILT FENCE
A. Silt Fence shall be paid for at the unit contract price per linear foot and
shall include full compensation for furnishing all labor, tools, equipment,
materials and incidentals necessary to complete the work.
END OF SECTION
01150 -3
SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.01 PRECONSTRUCTION CONFERENCES
A. Schedule: ENGINEER will establish place, date, time, distribute agenda,
notify CONTRACTOR in writing, and administer preconstruction con-
ference.
B. Anticipated Attendees:
1. OWNER.
2. ENGINEER.
3. CONTRACTO - '.. #
4.
4. ` Major Subcontractors.
5. Resident Project Representative.
6. Utility Companies. •'
7. Williamson County Engineers Office.
8. Water and Wastewater Department, City of Round Rock.
9. Brushy Creek WCID.
C. Agenda:
1. Responsibilities.
2. General Contract Terms.
3. Resident Project Representation.
4. Schedules.
5. Submittals, Approvals, and Testing.
6. Payments and Estimates.
7. Construction Sequence.
8. Environmental Controls.
9. Use of Temporary Easements.
D. Minutes:
1. Distribution: ENGINEER will prepare and distribute copies to
participants within 14 days of meeting.
2. Review: Report corrections and comments within 10 days of
receipt.
1.02 PROGRESS MEETINGS
A. Schedule: ENGINEER will establish place, date, time, distribute agenda,
notify CONTRACTOR in writing, and administer all progress meetings.
01200 -1
Meetings will be held on an as needed basis as determined by the
ENGINEER. At a minimum, monthly meetings are anticipated.
B. Attendance:
1. OWNER
2. ENGINEER.
3. CONTRACTOR.
4. Subcontractors as pertinent to agenda.
5. Resident Project Representative.
6. Governmental agencies as pertinent to agenda.
C. Agenda: s
1. .' Review and approve minutes of previous meetings.
2. Review work progress and construction schedule:
a. Note field observations, problems and decisions.
b. Identify problems impeding planned progress. ,°
c. Review constructoin equipment and labor force.
d. Review off -site fabrication problems.
e. Develop corrective measures and procedures to regain
planned schedule.
f. Revise construction schedule.
g. Plan next work period progress.
h. Coordinate projected progress with other contractors and
subcontractors.
3. Review submittal schedules and expedite as required.
4. Review work performance since last meeting:
a. Review bulletins and change orders:
(1) Status.
(Z) Effect on construction schedule.
(3) Effect on completion date.
5. Safety report.
6. Discuss current work problems.
7. Review new business.
8. Establish date for next meeting.
D. Minutes: ENGINEER will prepare and distribute for approval at the
following meeting, or within 14 days of previous meeting.
END OF SECTION
01200 -2
SECTION 01340 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 - GENERAL
1.01 MODIFICATIONS OF GENERAL CONDITIONS
In accord with the Supplementary Conditions, the requirements of this
Section of the Specifications supercedes the requirements of the General
Conditions.
1.02 DESCRIPTION OF REQUIREMENTS
° . I
A. Type of Submittals. This Section of the Specifications describes the
procedures for submittal requirements applicable to work related sub-
mittals, such as shop drawings, product data, samples and miscellaneous
work - related submittals. It does not include the ,requirements for
administrative submittals which are described in other Division 1 sec-
tions and other contract documents.
B. Individual Section Requirements. The individual submittal requirements
are specified in other Sections of the Specifications for each unit of
work.
C. Definitions. The work -related submittals of this Section, in addition to
the definitions of the General Conditions and elsewhere in the Contract
Documents, are further categorized for convenience as follows:
1. Shop drawings include specially prepared technical data of all
forms including drawings, diagrams, performance curves, data
sheets, schedules, templates, patterns, reports, calculations, in-
structions, measurements and similar information not in standard
printed form for application to more than one project.
2. Product data includes standard printed information on materials,
products and systems, not specially prepared for this project, other
than the designation of selections from among available choices
printed therein.
3. Samples include both fabricated and =fabricated physical
examples of materials, products and units of work, both as com-
plete units and as smaller portions of units of work, either for
limited visual inspection or, where indicated, for more detailed
testing and analysis.
01340 -1
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4. Miscellaneous submittals related directly to the work (nonadmini-
strative) include warranties, maintenance agreements, workman-
ship bonds, project photographs, survey data and reports, physical
work records, statements of applicability, quality testing and
certifying reports, copies of industry standards, record drawings,
field measurement data, operating and maintenance materials,
overrun stock, security /protection/safety keys and similar informa-
tion, devices and materials applicable to the Work and not
processed as shop drawings, product data or samples.
1.03 GENERAL SUBMITTAL REQUIREMENTS
A. Scheduling. Where appropriate, in various required administrative sub-
mittals (listings of products, manufacturers, suppliers and subcontrac-
tors, and in job progress schedule), show principal work - related submittal
requirements and time schedules for coordination and integration of
submittal activity with related work in each instance. -'
B. Coordination of Submittal Times. Prepare and transmit each submittal
to the ENGINEER sufficiently in advance of performing related work or
other applicable activities, so the installation will not be delayed or
improperly sequenced by processing times, including nonapproval and
resubmittal (if required). Coordinate with other submittals, testing,
purchasing, delivery and similar sequenced activities. No extension of
time will be authorized because of CONTRACTOR', failure to transmit
submittals to the ENGINEER sufficiently in advance of the work.
C. Sequencing Requirements. As applicable in each instance, do not
proceed with a unit of work until submittal procedures have been
sequenced with related units of work in a mariner which will ensure that
the action will not need to be later modified, or, rescinded by reason of a
subsequent submittal which should have been processed earlier or con-
currently for coordination.
D. Preparation of Submittals. Provide permanent marking em each submit-
tal to identify project, date, CONTRACTOR, subcontractor, submittal
name and similar information to distinguish it from other submittals.
Show CONTRACTOR', executed review and approval marking and pro-
vide space for the ENGINEER's 'Action' marking. Package each
submittal appropriately for transmittal and handling. Submittals which
are received from sources other than through the CONTRACTOR',
office will be returned 'without action.'
E. Transmittal Form. The transmittal form used to transmit submittals
may be obtained from the ENGINEER upon request.
01340 -2
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F. Transmittal Identification.
1. Number transmittals in sequence for each Division of the Specifi-
cations. The number after the dash indicates the Section of the
Specifications, and the number before the dash is the sequence
number of the transmittal (1 -15140 would be the first transmittal
applicable to Section 15140 of the Specifications. 2 -15140 would
be the second transmittal for Section 15140, etc.).
2. Identify resubmittals with a letter of the alphabet following the
original number, using A for the first resubmittal, B for the second
resubmittal, etc.. A resubmittal affecting transmittal 1 -15140
would then be numbered 1A-15140.,, The number 1 -15140 would
then -be entered in the space 'Previous Transmittal Number; which
is left blank except on resubmittals.
SPECIFIC CATEGORY REQUIRE MENTS
A. General. Except as otherwise indicated in the individual work sections,
comply with general requirements specified herein for each indicated
category of submittal.
1. Submittals shall contain:
a. The date of submission and the dates of any previous submis-
sions.
b. The Project title and number.
c. Contract identification:
d. The names of the:
1) CONTRACTOR.
2) Supplier.
3) Manufacturer.
e. Identification of the product with the Specification Section
number.
f. Field dimensions, clearly identified as such.
g. Relation to adjacent or critical features of the work or
materials.
b. Applicable standards, such as ASTM or Federal Specification
numbers.
01340 -3
i. Notification to the ENGINEER in writing, at time of submis-
sion, of any deviations in the submittals from requirements of
the Contract Documents.
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Identification of revisions on resubmittals.
k. An 8 -inch by 3-inch blank space for CONTRACTOR and
ENGINEER stamps.
CONTRACTOR'S stamp, initialed or signed, certifying review
of submittal, verification of products, field measurements
and field ^construction criteria, and coordination of the
information within the submittal with requirements of the
Work and of Contract Documents.
Submittal sheets or drawings showing more than the particu-
lar item under consideration shall have all but the pertinent
description of the item for which review is requested crossed
out.
B. Shop Drawings. Provide newly - prepared information, on reproducible
sheets, with graphic information at accurate scale (except as otherwise
indicated), with name of preparer (firm name) indicated. The Contract
Drawings shall not be traced or reproduced by any method for use as or
in lieu of detail shop drawings. Show dimensions and note which are
based on field measurement. Identify materials and products in the work
shown. Indicate compliance with standards and special coordination
requirements Do not allow abop drawing copies without appropriate
final Action markings by the ENGINEER to be used in connection with
the Work.
1. Submittal. Eight prints. Four will be retained. Four will be
marked -up and returned. The CONTRACTOR shall maintain one
copy as the 'Record Document' The CONTRACTOR will be
responsible for providing and marking additional copies as may be
required.
C. Product Data. Collect required data into one submittal for each unit of
work or system, and mark each copy to show which choices and options
are applicable to project. Include manufacturer's standard printed
recommendations for application and use, compliance with standards,
application of labels and seals, notation of field measurements which
have been checked, and special coordination requirements. Maintain one
set of product data (for each submittal) at project site, available for
reference by the ENGINEER or others.
01340 -4
1. Submittals. Do not submit product data, or allow its use on the
project, until compliance with requirements of Contract Docu-
ments has been confirmed by the CONTRACTOR. Submittal is for
information and record, unless otherwise indicated. Submittal is
final unless returned promptly by the ENGINEER, marked with an
'Action' which indicates an observed noncompliance. Submit four
copies, four of which will be returned. The CONTRACTOR will be
responsible for providing and marking additional copies as may be
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required.
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2. Installer's Copy. Do not proceed with installation of materials,
products or systems with copy of applicable product data k in
possession of installer.
D. Samples. Provide units identical with final condition of proposed
materials or products for the work. Include 'range' samples (not less
than three units) where unavoidable variations must be . expected, and
describe or identify variations between units of each set. Provide full
set of optional samples where the ENGINEER'' selection is required.
Prepare samples to match the ENGINEER'' sample where so indicated.
Include information with each sample to show generic description, source
or product name and manufacturer, limitations, and compliance with
standards. Samples are submitted for review and confirmation of color,
pattern, texture, and 'kind' by the ENGINEER. ENGINEER will not
'test" samples (except as otherwise indicated) for other requirements,
which are the exclusive responsibility of the CONTRACTOR.
1. Submittal. At CONTRACTOR'' option, provide preliminary sub-
mittal of a single set of samples for the ENGINEER'' review and
'Action.' Otherwise, initial submittal is final submittal unless
returned with 'Action' which requires resubmittal. Submit 2 sets
of samples in final submittal; 1 set will be returned.
2. Quality Control Set. Maintain returned final set of samples at
project site, in suitable condition and available for quality control
comparisons by ENGINEER and by others.
1.05 DISTRIBUTION
A. General Distribution. tribution. Shop drawings, product data and samples subject
to Action by the ENGINEER shall be submitted as specified above.
Additional copies required for distribution to subcontractors, suppliers,
fabricators, installers, and others, as necessary, for proper performance
of the work, shall be marked -up by the CONTRACTOR with the
ENGINEER'' comments and distributed by the CONTRACTOR.
01340 -5
B. Review Time. Allow a minimum of 10 days for the ENGINEER'S initial
processing of each submittal requiring review and response, except allow
longer periods where processing must be delayed for coordination with
subsequent submittals. The ENGINEER will advise the CONTRACTOR
promptly when it is determined that a submittal being processed must be
delayed for coordination. Allow 10 days for reprocessing each submittal.
Advise the ENGINEER on each submittal as to whether processing time
is critical to progress of the work, and therefore the work would be
expedited if processing time could be foreshortened. -
• + �r
C. ENGINEER's Action.' , ,. •
1. Approved. Work may proceed, provided it complies with contract
documents.
Z. Approved as Corrected. Work may proceed, provided it complies
with notations and corrections on submittal and with contract
documents.
3. Not Approved or Revise and Resubmit. Do not proceed with work.
Revise submittal in accordance with notations thereon, and
resubmit without delay to obtain a different "Action" marking. Do
not allow submittals with this marking to be used in connection
with performance of the work.
END OF SECTION
01340 -6
SECTION 01510 - TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES
PART 1 - GENERAL
1.01 TEMPORARY UTILITIES
Unless otherwise provided bi the Contract Documents the CONTRAC-
TOR shall at his own "expense arrange' and provide for all utilities
necessary to conduct the work including testing in conformance with the
Contract Documents.
1.02 TEMPORARY SANITATION FACILITIES
The CONTRACTOR shall establish and enforce among his employees
such regulations in regard to cleanliness and disposal of garbage and
waste as will tend to prevent the inception and spread of infectious or
contagious diseases and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and such
regulations as are required by the ENGINEER shall be put into imme-
diate force and effect by the CONTRACTOR. The necessary sanitary
conveniences for use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the CON-
TRACTOR in such a manner and at such point as will be acceptable to
the ENGINEER, and their use shall be strictly enforced by the CON-
TRACTOR. All such facilities shall be kept in a clean and sanitary
condition, free from objectionable odors so as not to cause a nuisance.
All sanitary laws and regulations of the State of Texas and the City of
Round Rock shall be strictly complied with.
END OF SECTION
01510 -1
SECTION 01531 - WORK SPACE FENCE
PART 1 GENERAL
1.01 DESCRIPTION
2.02
Unless otherwise provided :in -in these
TRACTOR shall at his own expense
roads, yards and workspaces utilised
mance with the Contract Documents.
B. The CONTRACTOR shall prohibit any construction activity including but
not limited to clearing, excavation, spoiling, stockpiling or vehicular
movement outside of the limits of the area designated for such work or
bounded by workspace fence in conformance with the Contract Docu-
ments.
A.
C. Workspace fence shall be installed in accord with the General Work
Sequence during Phase 1 of the work in any area.
D. Workspace fence is not required where the limits of access roads, yards
or workspaces are defined by silt fence, tree protection fence or other
specified or existing barrier acceptable to the ENGINEER.
E. Minimum width openings in the workspace fence shall be required in the
following situations, as acceptable to the ENGINEER:
1. Where installation of the workspace fence will interfere with
necessary access to public or private property.
2. Within the channel of streams, ditches or waterways.
PART 2 - PRODUCTS
2.01 FENCE POSTS
Fence posts utilized for work under this Section shall be steel or wood
painted with fluorescent orange paint. Post length shall be sufficient to
allow firm embedment in the ground and standing at least four (4) feet
tall above the ground.
WIRE AND ROPE
Fencing may be either 10 gage or heavier strand wire, t4 inch or larger
twisted or braided rope, or wire mesh at least 36 inches high and formed
of 8 gage or heavier wire.
01531 -1
Contract Documents the CON-
install 'a fence around all access
by the CONTRACTOR in confor-
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3.03 FLAGGING
Flagging shall be red or orange material at least one inch wide.
PART 3 - EXECUTION
3.01 INSTALLATION OF WORKSPACE FENCE ai ~
A. Fence shall be located in conformance with the Contract Documents and
installed in accord with the Genera] Work Sequence.
3. Fencing shall not be attached in any fashion to;,any tree or existing
structure.
C. Posts shall be firmly embedded in the ground and project at least 4 feet
above fround. Posts shall be installed no greater than 20 feet apart and
as required at corners or bends to cause the fencing to conform to the
limits of the area being fenced is accord with the Contract Documents.
D. Wire mesh, wire strands or rope shall be securely fastened to the posts
and to no other support, tree or structure. When utilized, a minimum of
two strands of wire or rope shall be installed. Red or orange flagging
shall be draped along the fence to increase visibility.
END OF SECTION
01531 -2
h ESPEY, HUSTON a ASSOCIATES, INC.
1
I SECTION 01532 - TREE PROTECTION COLLARS
PART 1 - GENERAL
' 1.01 DESCRIPTION r
A. The work under thi Section of the Specifications bncludes all labor
I materials, equipment and installation of tree protection and similarly
specified collars in accord with the Contract Documents.
I B. Tree protection collars shall be installed in Conformance with the
General Work Sequence during Phase 1 of the work in any area.
I C. The CONTRACTOR shall prohibit any construction activity including but
not limited to clearing, excavation, spoiling, stockpiling or vehicular
movement within any area protected in conformance with the General
Documents.
D. On those trees designated for protection which are within 10 ft of pipe
centerline on the plans, a protective collar shall be installed around the
trunk prior to initiation of construction activities near each tree to
prevent trunk scarring.
' PART 2 - PRODUCTS
2.01 LUMBER
' 2" x 6" lumber of sufficient length to extend from the ground to the
juncture of the lower limbs of each tree (6 ft minimum).
1 2.02 FLAGGING
Flagging shall be red or orange material at least one inch wide.
PART 3 - EXECUTION
3.01 INSTALLATION OF TREE PROTECTION COLLARS
A. 2" x 6" lumber shall be secured to lengths of steel cable of sufficient
length to encircle the tree trunk. Lumber shall be placed with maximum
2 inch spacing between boards. A minimum of two strands of steel cable
shall be used.
. 1 B. The assembled collar shall then be tightly wrapped around the trunk of
each tree and the ends of the cables secured with cable clamps. Care
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1 01532 -1
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WET, HUSTON a ASSOCIATES, INC.
C.
should be taken not to gouge or debark the tree trunk during installation
of the collar. Collars aball not be nailed to the trees.
Collars shall be removed when construction has passed each tree.
•
END OF SECTION ; • '
01532 -Z
SECTION 01540 - PROTECTION OF WORK, PROPERTY AND PERSONS
PART 1 - GENERAL ' s <
1.01 DESCRIPTIONS
A. The CONTRACTOR shall exercise every precaution necessary to protect
the work, and at'his own expense shall immediately repair, rebuild, or
otherwise restore any injury or damage to the work, whether arising
from the execution or non- execution of the CONTRACTOR'. •duties, or
from action by the natural elements, or from any cause whatsoever. The
CONTRACTOR% responsibility for protection and maintenance of the
work shall not cease until the project has been accepted by the City of
Austin.
B. Where the work is carried on in or adjacent to any street, alley, or public
place, the CONTRACTOR shall at his own expense furnish, erect, and
maintain such barricades, fences, lights, and danger signals, shall provide
such watchmen, and shall take all such other precautionary measures for
the protection of persons or property and of the work as are necessary to
keep pedestrians away from, and vehicles from being driven an or into,
any work under construction or being maintained. The CONTRACTOR
shall furnish watchmen and keep them at their respective assignments to
sufficient numbers to protect the work and prevent accident or damage.
C. The CONTRACTOR will be held responsible for all injury or damage to
the work or the public due to failure of barricades, signs, fences, lights,
or watchmen to protect them. Whenever evidence is found of such
damage to the work, the ENGINEER may order the damaged portion
immediately removed and replaced by the CONTRACTOR at the CON-
TRACTOR% own expense. The CONTRACTOR'S responsibility for the
maintenance of barricades, signs, fences, and lights, and for providing
watchmen shall not cease until the project has been completed and
accepted in accord with the Contract Documents.
D. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
work.
The CONTRACTOR shall designate a responsible member of his organi-
zation at the site whose duty shall be the prevention of accidents. This
person shall be the CONTRACTOR's superintendent unless otherwise
designated in writing by the CONTRACTOR to the OWNER and the
ENGINEER.
01540 -1
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E. The CONTRACTOR shall take all reasonable precautions for the safety
of, and shall provide all reasonable protection to prevent damage, injury,
or loss to:
1. all employees on the work and all other persons who may be
affected thereby;
2. all the work and all materials and equipment to be incorporated
therein, whether in storage or off the site, under the care, custody
or control of the CONTRACTOR or any of his Subcontractors or
Sub - Subcontractors; and
3. other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, fences, roadways, structures and
utilities not designated for removal, relocation or replacement in
the course of construction.
F. The CONTRACTOR shall comply with all applicable laws, ordinances,
rules, regulations and lawful orders of any public authority having
jurisdiction for the safety of persons or property or to protect them from
damage.
END OF SECTION
01540 -2
SECTION 01550 - WORKSPACE, ACCESS ROADS, YARDS AND PROTECTED AREAS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Unless otherwise provided for in accord with these Contract Documents
the CONTRACTOR aball at all times confine all work at the job site to
the physical limits of the various workspaces, access roads and construc-
tion yards designated by the Contract Documents. All work shall be
conducted in conformance with the General Work Sequence and condi-
tions of CONTRACTOR'. Use of Premises.
1.02 PROTECTED AREAS
A. The CONTRACTOR shall at all times exclude all work, materials,
personnel, and debris from all areas specified to be bounded by tree
protection fencing, tree protection areas, environmentally sensitive
areas and other similar areas designated by the Contract Documents or
the ENGINEER.
B. The CONTRACTOR shall install workspace fence, tree protection fence,
silt fence or other barriers acceptable to the ENGINEER along the limits
of all workspaces, access roads, construction yards and protected areas
in conformance with the Contract Documents.
C. Unless otherwise provided in these Contract Documents the CON-
TRACTOR shall at his own expense provide all qualified labor, equip-
ment and materials necessary to accurately and acceptably locate on the
ground the position of all workspaces, access roads, construction yards
and protected areas described in the Contract Documents.
1.03 ACCESS ROADS
PART 2 - PRODUCTS
Not Used).
Access roads shall be utilized only for the transportation of equipment,
materials and personnel required to perform the work at hand. Other
transportation storage of material or equipment and the location of
offices, sheds, sanitary facilities or any other use of access roads is
prohibited.
01550 -1
PART 3 - EXECUTION
The CONTRACTOR shall at his own expense determine acceptable
methods and procedures, furnish all labor, equipment and materials
necessary to conduct all work in conformance with this Section of the
Specifications as well as all other terms of the Contract Documents.
END OF SECTION
01550 -2
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1 ESPEY, HUSTON & ASSOCIATES, INC.
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SECTION 01560 - TEMPORARY EROSION CONTROLS AND
ENVIRONMENTAL PROTECTION
PART 1 - GENERAL
1.01 DESCRIPTION
' A. It is the intention of these Contract Documents to describe and provide
for work and materials which will effectively protect the environment by
way of minimizing the adverse effects of erosion, sedimentation, pollu-
tion, and disturbances to vegetation.
B. The ENGINEER will not attempt to dictate specific working methods,
' but it will be the CONTRACTOR's responsibility to ascertain beforehand
that the methods be desires to use will be consistent with the intention
of these Contract Documents and acceptable to the ENGINEER.
PART 2 - PRODUCTS
2.01 SPECIFIED DEVICES
1 When properly applied and implemented by the CONTRACTOR in accord
with these Contract Documents, the following temporary environmental
I protection devices shall be acceptable to the ENGINEER.
A. General Work Sequence
I B. Sandbag Berms
C. Silt Fences
D. Stabilized Construction Entrance
E. Tree Protection Collar
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F. Workspace Fence
2.02 OTHER DEVICES
1 A. Other products, installations or requirements may be directed by the
OWNER or ENGINEER in accord wtih the Contract Documents.
1 B. The CONTRACTOR may seek acceptance of other products or installa-
tions in accord with the Contract Documents.
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01560 -1
PART 3 - EXECUTION
3.01 PREVENTION OF ENVIRONMENTAL DAMAGE
A. The CONTRACTOR shall continually monitor the effectiveness of all
temporary erosion controls and environmental protection measures,
taking immediate action in accord with the Contract Documents to stop
any harmful occurrence, maintain or repair or replace any substandard
installation, and repair, restore and mitigate the effects of the
occurrence.
B. The CONTRACTOR is responsible for discerning when the intention of
this Section of the Specifications b not being upheld, in which case the
CONTRACTOR shall immediately notify the ENGINEER who will
promptly determine the appropriate remedial action in accord with the
Contract Documents.
C. Conditions which are hazardous to the environment may warrant emer-
gency rectification work in accord wtih the Contract Documents.
D. • Failure by the CONTRACTOR to prevent environmental damage may
result b withholding of payment, imposition of requirements for indem-
nification, and other action by the OWNER or ENGINEER, in accord with
the Contract Documents.
END OF SECTION
01560 -2
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SECTION 01561 - SANDBAG BERMS
PART 1 - GENERAL
1.01 DESCRIPTION
A. The work under this Section of the Specifications includes all labor,
equipment and materials necessary to install sandbag berms in accord
with the Contract Documents.
B. Sandbag berms shall be installed at specified locations as indicated on
the plans at the start of construction in those given areas. Sandbag
berms are intended as perimeter control measures along the downslope
or downstream side of the construction zone in areas where higher water
velocities may be experienced, such as creek banks and bottoms or steep
slopes.
PART 2 - PRODUCTS
2.01 SANDBAGS
Sandbags shall be of good quality burlap material or equivalent filled
• with clean sand.
PART 3 - EXECUT)ON
3.01 INSTALLATION AND MAINTENANCE
A. Berms shall be constructed of sandbags stacked in at least a double row
with bags tightly abutting each other and placed in a staggered arrange-
ment to close spaces between bags. Berms shall be a minimum of
18 inches in width and height.
B. The berms shall be inspected regularly, after every large storm event,
and repaired when they become damaged or dislodged. Damage shall
constitute torn bags, significant gaps between individual bags or between
the bags and the ground, and /or lost sand fill.
C. Accumulated silt and debris shall be periodically removed when it
reaches a depth of 6 inches.
D. Sandbag berms shall remain in place and in good condition until removal
is specified by the ENGINEER. At that time, sandbag berms shall be
completely removed, including sandbags, sand, and accumulated silt and
debris.
END OF SECTION
01561 -1
SECTION 01562 - SILT FENCES
PART 1- GENERAL
1.01 DESCRIPTION
A. The work under this Section of the Specifications includes all labor,
equipment and materials necessary to install silt fence in accord wtib
the Contract Documents.
B. Silt fences shall be installed at specified locations, as indicated on the
plans, in advance of construction in those given areas. Silt fences will
also be installed along the top of bank at all creek crossings immediately
following construction at those locations. Silt fences are intended as
perimeter control measures on the downslope side of the construction
zone.
PART 2 - PRODUCTS
2.01 SILT FENCES
Silt fences may be constructed on-site with raw materials, or pre-
fabricated silt fences such as Mirafi Environfence, or equivalent, may be
used. Silt fences constructed on -site shall be burlap, polypropylene fabric
or nylon reinforced with polyester netting having a Mullen burst strength
of at least 150 psi. The edges shall be treated to prevent unraveling.
Steel or 2" x 2" wood fenceposts spaced a mazlmum of 8 feet apart and
woven wire fencing with a maximum mesh opening of 4 inches shall be
used for support of the fabric.
PART 3 - EXECUTION
3.01 INSTALLATION AND MAINTENANCE
A. Posts which support the silt fence should be installed on a alight angle
toward the upslope and driven a minumum of 18 inches into the soil.
B. The toe of the silt fence shall be trenched in with a spade or mechanical
trencher, so that the downslope face of the trench is flat and perpen-
dicular to the surface of the ground.
C. The trench should be a minimum of 6 inches deep and 6 inches wide to
allow for the silt fence toe to be laid in the ground and backfilled.
Trench backfill material should be tightly compacted to prevent
displacement.
01562 -1
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D. For on-site fabricated silt fences, the fabric should be securely fastened
to the woven wire, which it in turn securely fastened to the fence post.
E. Silt fences shall be frequently inspected and repaired 0 they become
damaged or dislodged. Damage shall constitute tears or openings in the
fabric, separation of fabric from woven wire or woven wire from fence
posts, uprooting of trenched -in toe, loosened or broken posts, and/or a
downslope angle of repose which allows water to flow over the top of the
fence rather than being retained behind it. All repairs should be made
promptly to ensure proper functioning of the silt fences.
F. Accumulated silt and debris shall be removed when ft reaches a depth of
6 inches and disposed of in an approved permanent disposal site.
G. Silt fences shall remain in place and in good condition until adequate
restorative vegetation establishment or other permanent stabilization of
the construction sone has been achieved. After that period, silt fences
shall be completely removed, including fabric, woven wire, posts and
accumulated silt and debris. Toe trenches shall be filled or leveled to
original contours.:
END OF SECTION
01562 -2
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ESPEY, HUSTON & ASSOCIATES, INC.
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SECTION 01564 - STAIU 1ZED CONSTRUCTION ENTRANCE
PART 1 - GENERAL
1.01 DESCRIPTION
A. The work under this Section of the Specifications includes all labor,
' equipment, and materials necessary to install a stabilized construction
entrance in accord wtih the Contract Documents.
' B. Stabilized construction entrances shall be installed at specific locations
as indicated on the plans or as directed by Engineer in advance of
construction in those given areas. Stabilized construction entrances and
' requirements for their use is intended to reduce or eliminate the
tracking or flowing of sediment onto public rights -of -may or similarly
maintained private drives.
C. Stabilized construction entrances shall remain in place until the con-
struction site is no longer accessed via the road in question, generally at
the end of the project time.
' PART 2 - PRODUCTS
2.01 AGGREGATE
Aggregate shall be coarse aggregates consisting of clean durable gravel
' or crushed hard stone of the following size gradation or equal:
Sieve Size Percent Passing
' 100
1-1/2" 60 -90
3/4" 0 -20
1/2" 0 -5
' PART 3 - EXECUTION
3.01 DIMENSIONS
The stabilized construction entrance is a coarse aggregate mat laid at
least eight inches thick and of the full width of the construction access
drive. The aggregate mat shall be as long as necessary to be effective
but no less than 50 feet long, terminating at the right -of -way or drive
from which access is gained.
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3.02 USE AND MAINTENANCE
A. The entrance shall be maintained in a condition which will prevent
tracking or flowing of sediment onto public rights -of -way. This may
require periodic top dressing with additional stone as conditions demand
and repair and /or cleanout of any measures used to trap sediment. All
sediment spilled, dropped, washed or tracked onto public rights - of-way
must be removed immediately by CONTRACTOR.
B. When necessary, wheels must be cleaned to remove sediment prior to
entrance onto public right-of -ray. When washing is required, it shall be
done on an area stabilized with crushed stone which drains into an
approved sediment trap or sediment basin. All sediment shall be prevented
from entering any storm drain, ditch, or watercourse through use of sand
bags, silt fences or other approved methods.
END OF SECTION
01564 -2
SECTION 01570 - TRAFFIC REGULATION
PART 1- GENERAL
1.01 DESCRIPTION
A. The CONTRACTOR shall make adequate provisions to allow reasonable
vehicular and pedestrian traffic, including the use of driveways, to
proceed safely with minimum inconvenience except during actual con-
struction operations such as trenching or pipe laying. Such provisions
may include temporary fill and /or bridging, temporary surfacing with
gravel, stone or paving, or such other means as the ENGINEER may
approve. -
B. Sidewalks must not be obstructed except by special permission of the
ENGINEER. Access to private dwellings and to commercial establiab-
ments must be provided at all times.
C. If diversion of traffic is approved by the ENGINEER at any location, the
CONTRACTOR shall make arrangements satisfactory to the ENGINEER
for the diversion and the schedule of operations, and shall at his own
expense provide and maintain all roadways, bridges or other facilities
necessary for such diversion of traffic. At least three working days prior
to the beginning of such traffic diversion, the CONTRACTOR shall
notify the Police Department, Fire Department, Texas State Department
of Highways and Public Transportation, and the owners or agents of all
property likely to be affected by the diversion. The same parties shall
be notified when normal traffic flow is restored.
D. All traffic regulation shall be conducted in accord with these Contract
Documents and the laws and ordinances of any agency having
jurisdiction.
END OF SECTION
01570 -1
SECTION 01600 - MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.01 MATERIALS FURNISHED BY CONTRACTOR
Except where otherwise specifically provided, the CONTRACTOR shall
furnish and install all materials and incidental accessories and shall
complete the installation and place it in normal service. All such
materials furnished by the CONTRACTOR shall conform to the stan-
dards set forth in these Contract Documents. The CONTRACTOR shall
be responsible for all material furnished by biro and be shall replace at
Ms own expense ill such material that is found to be defective in
manufacture or that has become damaged in handling after delivery by
the manufacturer.
1.0Z CARE AND HANDLING OF MATERIALS AND EQUIPMENT
A. Except where otherwise directed, all materials shall be unloaded at the
point of delivery, hauled to and distributed at the site of the project by
the CONTRACTOR; they shall at all times be handled with care to avoid
damage. In loading and unloading, they shall be lifted by proper
equipment in such a manner as to avoid shock. Under no circumstances
shall they be dropped. Pipe handled on akidways must not be rolled
against pipe already on the ground.
The CONTRACTOR shall be responsible for the safe storage of material
furnished by or to him, and accepted by him, and intended for the work,
until it has been incorporated in the completed project.
B. All materials and equipment shall be so placed and used and the work
operations so conducted that at no time do they obstruct, endanger or
inconvenience the public or injure or damage any public or private
property. Materials and equipment shall be stored in a neat, orderly
manner, and at no time shall there be more tools, equipment, or
materials on the job site than is necessary to avoid delay of the
construction operations. Excess materials shall be stored elsewhere at
the CONTRACTOR expense. Such excess materials shall not be stored
in easements, right -of -way, or other public facilities.
C. The entire job site shall be kept clear of trash, refuse, damaged or
excess materials, excavated spoil, etc., and the site shall be kept neat,
clean and orderly at all times.
01600 -1
D. The CONTRACTOR shall at all times handle all material and equipment
in accord wtib the specifications of Workspace, General Work Sequence
and other terms of the Contract Documents.
1.03 WASTE MATERIAL
All waste material, including but not limited to debris, cleared brush and
vegetation, excavated material unsuitable for use as backf[il and exca-
vated material in excess of backfill requirements shall become the
property of the CONTRACTOR and shall at his expense be promptly
removed from the jobsite and disposed of in a legal manner. The
CONTRACTOR shall indemnify the OWNER and ENGINEER against all
claims arising from the disposal of waste material.
1.04 ERODEABLE MATERIALS '
All erodeable materials shall at all times be handled and situated so as to
minimize the potential effects of erosion and sediment. The CONTRAC-
TOR shall develop procedures which minimize the exposure of erodeable
materials in flood -prone areas. The CONTRACTOR shall maintain
acceptable erosion control devices around erodeable materials at all
times to prevent siltation hazards.
1.05 HAZARDOUS FLUIDS
A. The CONTRACTOR shall handle all hazardous fluids in conformance
with all laws and regulations concerning their use.
B. Temporary storage and handling of fuels, oils, hydraulic fluids and all
other hazardous fluids shall be accomplished in a manner acceptable to
the ENGINEER. The CONTRACTOR shall verify the acceptability of his
procedures prior to implementation. Procedures shall include provisions
designed to prevent contamination of soil or water and prevention of
hazard to people, property and the environment.
END OF SECTION
0160D -2
DIVISION 2
SITE WORK
02000 -1
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SECTION OUZS - TRENCHING, EMBEDMENT, BACK ILL, AND COMPACTION
PART 1 - GENERAL
1.01 DESCRIPTION
I A. The work under this Section of the Specifications consists of
furnishing all labor, equipment and materials, and performing all
operations in connection with the excavation, trenching, embed-
1 went, backfill and compaction required to install the pipelines
shown on the Drawings, and as specified.
I B. Unless otherwise specified the work under this Section of the
Specifications shall be conducted only upon completion of all work
required to be conducted during Phase One of the General Work
Sequence.
C. All work including movement of equipment, materials and person-
nel shall be confined to the workspace allocated for such work by
the Contract Documents. No work shall encroach upon any tree
protection easement or similarly protected space.
' D. Excavation shall include the removal of any trees, stumps, brush,
debris, or other obstacles that may obstruct the line of work as
allowed by the Contract Documents, and the excavation and
' removal of all earth, rock or 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
by the Contract Documents.
1 E. Backfill shall include the refilling and consolidation of the fill in
the trenches and excavations up to the surrounding ground surface
' or grade indicated on the Drawings and as specified by the • Contract Documents.
1 F. Where construction enters the limits of State, County or City
rights-of-way, the requirements of these agencies shall be met.
1.02 QUALITY ASSURANCE
1
A. Density. All references to "Maximum dry density shall mean the
maximum dry density defined by the 'Maximum Density- Optimum
I Moisture Test; ASTM D-698, unless otherwise specified. Deter-
mination of the density of backfill in place shall be in accordance
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02225 -1
PART 2 - PRODUCTS
with the requirements of ASTM -2922, "Density of Soil and Soil -
Aggregate in Place by Nuclear Methods (Shallow Depth)." 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 require-
ments of the Specifications.
B. Sources and Evaluation Testing. Materials to be used for embed-
ment and granular material to be used for select backfill shall be
obtained in 'accordance with a sampling plan and ASTM D -75,
Sampling Aggregates. Testing of materials to certify conformance
with the specification requirements shall be performed by a testing
laboratory approved - by the ` OWNER and paid by the
CONTRACTOR. CONTRACTOR'S testing agency shall perform
tests upon change of source and at sufficient intervals to certify
conformance of all select material furnished for use on this
project.
C. Trench Dimensions. The sides of all trenches shall be cut as nearly
vertical as possible. The french width at the bedding envelope
(from six inches below to twelve inches above the outer projections
of the pipe or accessories) shall be as indicated on the Drawings.
Pipe lain in excessively wide trench or in trench formed or
bordered by loose fill, rubble or boulders will not be accepted.
Where these conditions occur the entire width between the m-
disturbed walls of the excavation must be backfilled as pipe trench
and compacted to 90% of maximum dry density to an elevation at
least twelve inches above the proposed top of pipe. The trench
may then be re- excavated to the proper grade and dimension. No
extra compensation will be made to the CONTRACTOR for any
additional material used to rectify unsound or excessively wide
trench conditions.
2.01 MATERIALS FOR EMBEDMENT OF PIPE
A. Unless otherwise specified, pipe of any size shall be installed in
crushed stone bedding. Crushed stone for pipe bedding shall be
clean, granular crushed limestone free of mud, clay, vegetation or
other debris and shall meet ASTM 33 current standards for stone
quality. Size gradations shall be as follows:
02225 -2
1. For pipe 24 inches in internal diameter and greater.
Sieve Size Percent Passing
1-34" 100%
34" 90 - 100%
#4 Mesh 0 10%
#8 Mesh 0 -'S%
2.02 BACKFILL MATERIALS
A. Backfill material within the bedding envelope shall be embedment
material as specified.
B. Unless otherwise specified the backfill from the top of the bedding
envelope to within 6 inches of the top of the fully restored trench
may ordinarily include the excavated soil materials meeting the
following criteria:
1. All rock cuttings or boulders shall be no longer than 8 inches
in their greatest dimension.
2. Coarse and fine materials shall be sufficiently mixed and
balanced to be essentially free of voids after compaction.
3. No material, of a perishable, spongy or otherwise unsuitable
nature shall be used.
C. If excavated rock does not contain sufficient fines to satisfy the
specification for backfill it may be crushed, mixed and graded to
satisfy these conditions or material conforming to the specification
shall be furnished and used as backfill instead of excavated
material, at no additional expense to the OWNER.
02225 -3
D. Unless otherwise specified, the top 6 inches of the fully restored
trench shall be backfilled with topsoil.
PART 3 - EXECUTION
3.01 TRENCH EXCAVATION
A. ' Unless otherwise specified, top soil and grass shall be stripped a
minimum of 6 inches over the excavation site and stockpiled
separately for replacement over the finished grading areas.
B. Trenches shall be excavated to the lines, grades and dimensions as
shown on the Drawings and as specified. The centerline of the
trench shall be on the centerline of the pipe.
C. Pipe shall not be lain in oversized trenches or trenches cut in
unsound material.
1. Excessively wide trenches shall be backfilled, compacted and
re- excavated as specified.
2. Should the bottom of the trench become an unstable founda-
tion 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
with approved embedment material. No extra compensation
will be allowed for this material or work.
3. Should the undisturbed material encountered at the grade
depth constitute, in the opinion of the OWNER, an unstable
foundation for the pipe, the CONTRACTOR shall be required
to remove such unstable material and fill the trench to the
proper subgrade with approved embedment material. Pay-
ment will be made to the CONTRACTOR at the unit price
per cubic yard set forth in the Bid Schedule.
3.0Z SHEETING AND SHORING
A. In caving ground or in wet, saturated or flowing or otherwise
unstable materials, or where constrained by limited workspace or
the requirements of a tree protection easement or similar area the
sides of all trenches and excavations shall be adequately sheeted
and braced, to maintain the excavation from slides or cave -ins and
to provide safety for workmen.
02225 -4
ESPEY, HUSTON & ASSOCIATES, INC.
B.
In all cases, excavation shall conform to the requirements of the
Occupational Safety and Health Act of 1970.
C. Sheeting and shoring shall not be left in place.
3.03 TRENCH DEWATERING
A. All dewatering activities shall conform to the Contract
- Documents.
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3.05 PIPE EMBEDMENT
02225 -5
B. There shall be available at all times, in good working order,
sufficient pumping equipment and other material as may be
required to mitigate pumping discharge effects, to remove any
water that accumulates in the trench.
C. In all cases, accumulated water in the trench shall be removed
prior to placement of embedment, pipe or backfilL
3.04 EXCAVATED MATERIALS
A. Top soil shall be stripped and stored for re-use in accord with the
specifications.
B. Excavated materials unsuitable for use as backfill or in excess of
bckfill requirements shall be promptly removed from the work site
in accord with the specifications.
C. All handling, storage and movement of excavatd materials &hall be
confined to the designated workspace and shall not encroach on any
tree protection easement or similar area.
A. The dimensions of the bedding envelope, the condition of the
trench and the material available for bedding the pipe shall all be
in conformance with the Contract Documents.
B. The initial layer of embedment placed to receive the pipe shall be
brought to grade and dimensions specified, and the pipe shall be
placed thereon and brought to grade by tamping or by removal of
the excess amount of embedment under the pipe. Adjustment to
grade line shall be made by scraping away or filling with embed-
ment 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 shall extend the full width of the trench.
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C. After pipe bas been placed, joints made and inspected, and blocking
or braces installed as specified or required, the bedding material
*ball be placed simultaneously on both sides of the pipe and worked
carefully into place without disturbing the pipe alignment. The
1 embedment shall be placed and tamped to fill the specified bedding
envelope.
3.06 BACKFE.L ABOVE THE BEDDING ENVELOPE
1 A. Material used to backfill above the bedding envelope *ball conform
to the specifications.
1 B. All backfill above the bedding envelope shall be consolidated to
provide a density compaction of at least 90% of the medium dry
density.
C. The CONTRACTOR shall provide an acceptable method for con-
solidation of material 12-lncbes or more above the pipe. The
' material may be placed mechanically or by other means to provide
the compaction required. Such material shall be tested and
approved by the ENGINEER before continuing. The initial test
' section shall be a minimum of 100 lineal feet. Material not
meeting required specification *ball be removed and replaced at no
additional cost to the OWNER.
' D. Backfifl of the top 6 inches of the excavation shall conform to the
Contract Documents.
' END OF SECTION
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SECTION 02401 - DEWATERING
PART 1- GENERAL
1.01 DESCRIPTION
A. The CONTRACTOR shall determine acceptable procedures for
dewatering as specified, required or necessary to conduct the work
for this project.
B. The CONTRACTOR shall be responsible for the stability of all
temporary and permanent slopes, grades, foundations, materials
and structures during the course of the work. The CONTRACTOR
shall repair and replace all slopes, grades, foundations, materials
and structures damaged by water, both surface and subsurface, to
conditions equal or better than those existing prior to the damage
at no additional cost to the OWNER.
C. All work under this section shall be confined to the allocated
workspace for the project and shall not encroach on any tree
protection easement or similar area
D. Water shall be discharged from dewatering activities in such a
manner that scouring or erosion will not occur. All discharges shall
be to the upstream or upslope side of properly emplaced erosion
control structures.
PART Z - PRODUCTS
E. No water shall be discharged directly into creeks, streams or other
drainageways whether other water is present or not, without first
being filtered of sediments.
2.01 EROSION CONTROL DEVICES
A. All erosion control devices referenced in this section shall be
utilized in conformance with the Contract Documents, and satisfy
the requirements of the Drawings and Specifications.
2.02 QUALITY ASSURANCE
A. The ENGINEER shall retain the authority to determine the accep-
tability of dewatering procedures and procedures relating to the
control of runoff from dewatering activities. Upon determination
02401 -1
PART 3 - EXECUTION
3.01 SILTATION CONTROL
that the CONTRACTOR is not in compliance with the Contract
Documents the ENGINEER may atop all work until the work is in
compliance with the Contract Documents. This in no way relieves
the CONTRACTOR of any of hi:: responsibilities under this Con-
tract.
A. Where water discharged from pumps or other dewatering opera-
tions is not substantially clear, ft shall be filtered prior to entering
any creek, stream or draiaageway or prior to flowing out of the
designated work space.
B. The CONTRACTOR shall devise acceptable procedures for filter-
ing water as required.
C. Where the CONTRACTOR or ENGINEER determines that
temporary ponding of water is required to allow settlement of silt,
the following minumum requirements shall be satisfied:
1. Ponds shall be formed by construction of Sand Bag
Berms or Rock Dams in full compliance with the
Specifications. Ponds formed by erodeable materials
will not be acceptable.
2. The pond shall be periodically inspected and maintained
in conformance with the specifications for those
materials utilized to form the structure and as neces-
sary to assure the proper filtering action. Silt removed
from the pond shall be treated as waste material.
3. Discharge from ponds shall be refiltered if not clear.
D. Where the CONTRACTOR or ENGINEER determines that filtration
of sheet flow or other generally dispersed, low velocity water flow
is required, the following minimum requirements shall be satisfied:
1. Filtration of sheet flow water shall be accomplished
using single or multiple Silt Fences or Brush Dams
installed and maintained in conformance with the speci-
fications.
2. Filtering devices shall be configured such that all water shall
be forced through the filtering media with no opportunity for
undercutting or otherwise circumventing the filter.
02401 -2
3.01 EROSION CONTROL.
A. Where discharges from pumps, ponds or other dewatering proce-
dures are necessary in erodeable areas, the CONTRACTOR shall
take steps to minimize the erosion potential from the discharge.
B. The CONTRACTOR shall determine acceptable procedures for
minimising erosion damage.
C. When the CONTRACTOR determines that an energy dissipating
apron is necessary, the apron shall be constructed of rip with
minimum stone diameter of 6 inches. The apron shall be no less
than 11 inches deep (thick). The apron shall be of a width
sufficient to catch the flow from the discharge without allowing
undercutting or scouring at the edges. The length of the apron
shall be no less than six time the diameter of the discharge pipe.
3.03 CLEAN UP
A. All filtration devices, ponds, dams, energy dissipations and aprons
constructed in support of dewatering activities shall be dismantled
as soon as their necessity is past.
B. All silt and other debris collected aball be treated as waste
material in accord with the specifications.
C. All areas affected by dewatering activities shall be restored
promptly upon completion of those activities in accord with the
specifications.
END OF SECTION
02401 -3
SECTION 02480 = REVEGETATION OF GRASSES
PART 1 - GENERAL
1.01 DESCRIPTION
A. The work under this Section of the Specifications consists of
furnishing all supervision, labor, equipment, material and installa-
tion of grasses for ground cover and permanent erosion control of
the jobsite.
1.02 SUPERVISION
PART 2 - PRODUCTS
2.01 SEED MIX
B. Revegetation shall be a continual process during the construction
and will immediately follow completion of construction and testing
of each section of the line in conformance with the Section 01014 -
Work Sequence. All work under this Section of the Specification
shall be conducted during Phase Four (4) of the General Work
Sequence except work described herein as Maintenance and
watering, which shall be conducted as deemed necessary by the
CONTRACTOR.
A. The work under this Section of the Specifications shall be per-
formed by or under the direct on -site supervision of an individual
with proven expertise with the procedures and techniques required
by these specifications. That person shall be acceptable to the
ENGINEER.
A. Revegetation shall be accomplished using the following mixtgure of
grasses at the indicated rates of application:
Little bluestem 3 lbs /ac or 0.1 lbs /1000 sq ft
Sideoats grama 5 lbs /ac or 0.2 lbs /1000 sq ft
Green sprangletop Z lbs /ac or 0.1 lbs /1000 sq ft
Buffalograss 5 lbs/ac or 0.2 lbs /1000 sq ft
Bermudagrass 5 lbs/ac or 0.2 lbs /1000 sq ft
Total Seeding Rate 20 lbs /ac or 0.8 lbs /1000 sq ft
PART 3 - EXECUTION
3.01 GROUND PREPARATION
Immediately following completion of construction, excess spoil and
debris shall be removed and the construction area shall be graded to the original
02480 -1
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with Section 01014 - Work Sequence, excess spoil and debris shall
be removed and the construction area shall be graded to the
original contours existing prior to construction. The surface of the
ground should be smooth with no large rocks, stumps, or other
debris. Topsoil of sandy loam, loam or clay loam and free of tree
roots, rocks greater than 2 inches in diameter and other debris
shall then be uniformly spread over all disturbed areas to a
minimum depth of 4 inches. The topsoil should be compacted by
tracking a bulldozer with cleated treads vertically on the slopes to
create horizontal erosion checks in the surface.
3.02 SEEDING AND MULCHING OR MATTING
A. Reseeding shall immediately follow topsoiling with the specified
mixture of grasses and rates of application. Seed shall be
broadcast evenly over the topsoiled areas by hand or mechanical
broadcaster. Mulching shall immediately follow seed application.
B. Mulching may be accomplished by a number of methods and with
various materials. Hay or straw material may be spread uniformly
over the ground either by hand or with a mulching or shredding
machine. Small brush or tree limbs which are removed during
construction may also be passed through a shredder and spread
evenly over the ground. Mulches shall cover the ground completely
to a minimum depth of Z inches. Large concentrated
accumulations should be avoided.
C. The CONTRACTOR shall omit mulching and place excelsior
matting in conformance with Section 02270 - Critical Slope
Protection - Excelsior Mat, over all areas revegetated in
accordance with this Section of the Specifications and having a
slope exceeding 10 %.
3.03 MAINTENANCE AND WATERING
A. The CONTRACTOR shall maintain and water the seeded area as
necessary to establish acceptable ground coverage.
B. Revegetation shall be acceptable when the grass has grown at least
1" high with 85% coverage and no bare spots larger than 10 square
feet exist.
END OF SECTION
02480 -2
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s ESPEY, HUSTON & ASSOCIATES, INC.
SECTION 02491 - TREES
PART 1 - GENERAL
1.01 DESCRIPTION
Trees which are to be protected during construction include those
indicated on the plan sheets within tree protection areas or outside of
access or temporary work easements. The Contractor shall be respon-
sible for the prevention of any and all damage to such trees.
Unauthorized removal of or damage to such trees will be compensated at
$10,000 per tree. Compensable damage as determined by the ENGINEER
shall be defined as major damage which may result in death or loss of
vigor and may include toppling; broken or fractured main stem (trunk);
wounds to the main stem which are deeper than 25% of the diameter or
cover a surface area greater than one square foot; breakage of more
than 25 %n of the crown; encroachment of equipment, spoil, construction
materials, or toxic'chemicals (fuel, oil, solvents, herbicides, etc.) within
the designated tree protection area around each tree; or exposure and
damage to more than 25% of the root zone as measured by diameter of
tree crown. Pruning, as necessary for equipment movement, will be
permissable with at least 24 hours prior notice to the ENGINEER.
Pruning practices shall follow those outlined in the following section or
by specific direction of the ENGINEER. If any tree to be protected
presents severe restriction to working conditions, the Contractor shall
confer with the ENGINEER.
PART 2 - PRODUCTS
(Not Used).
PART 3 - EXECUTION
3.01 PRUNING
Pruning shall be implemented only as necessary to allow equipment
movement under or around trees. Such pruning shall be performed under
the following guidelines:
A. All limbs or branches to be pruned shall be cut or severed cleanly
with saw or shears to avoid any breakage. Cuts should be made as
flush as possible to the branch that is to remain.
B. Large limbs or branches should be removed in smaller sections in
order to avoid falling damage to surrounding vegetation.
02491 -1
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C. All cut surfaces on pruned trees shall be immediately treated with
an approved tree wound dressing.
Pruning of trees specifically indicated within tree protection areas shall
be implemented only after prior notice to the ENGINEER. Pruning
procedures shall follow those given above or as otherwise specified by
the ENGINEER for each particular instance. Unauthorized pruning of
such trees shall be subject to compensation as specified in the Contract
Documents.
3.02 TREATMENT OF MINOR WOUNDS OR BREAKAGES
Small wounds or minor breakages (i.e., less than those damages specified
as "Compensable Damages" to any tree designated within a tree protec-
tion area or any other tree outside of the construction zone as may
result from equipment moving or any other construction activity shall be
treated according to the following procedures:
A. Scrapes, gouges, debarking or any other minor wounds or abrasions
to the main stem or major limbs shall be cleaned of loosened
tissues as necessary with saw, shears or wood chisel to result in
clean, even edges and shall be immediately treated with an
approved tree wound dressing.
B. For minor breakages or fractures to tree limbs or branches, the
affected part shall be cleanly sawn or sheared several inches below
the damaged area in order to result in a clean sever which shall be
immediately treated with an approved tree wound dressing.
C. Exposed, broken or scraped root structures shall be cleaned as
above and immediately treated with approved tree wound dressing.
Exposed roots should be recovered with sandy loam soil or equiva-
lent to original depth as soon as construction proceeds past the
affected area.
D. Breakages or fractures to the main stem (trunk), major wounds or
limb breakages, or toppling of any trees to be protected or
preserved during construction shall require immediate consultation
with the ENGINEER to determine correct treatment procedures.
END OF SECTION
02491 -2
SECTION 2601 - SEWER MANHOLES
PART 1 - GENERAL
1.01 SCOPE OF WORK
Work wider this section of the specifications includes all labor,
materials, and equipment necessary to fabricate, assemble, install and
test precast sewer manholes with base, stubs, risers, reducers, covers,
fittings and all other appurtenances complete in place.
1.02 REFERENCES
The specifications of the American Society for Testing and Materials
(ASTM) referred to in this section shall be the latest edition and include:
ASTM A48
ASTM C33 Specifications for Concrete Aggregates
ASTM C76 Reinforced Concrete Culvert, Storm Drain, and Sewer
Pipe
ASTM C150 Specifications for Portland Cement Concrete
ASTM C361 Reinforced Concrete Low -Head Pressure Pipe
ASTM C443 Joints for Circular Concrete Sewer and Culvert Pipe
Using Rubber Gaskets
ASTM C478 Precast Reinforced Concrete Manhole•Sections
ASTM C923 Resilient Connections Between Reinforced Concrete
Manhole Structures and Pipes
ASTM C425 Compression Joints for Vitrified Clay Pipe and Fittings
1.03 SUBMITTALS
A. All submittals shall comply with the requirements of Section 01340
- Submittals, and include all data required by this section of the
Specifications.
B. CONTRACTOR shall submit drawings and schedules showing full
details including dimensions, layouts, thickness, material details,
steel area, joint details, manufacturing and installation tolerances
and other data pertinent to the manufacture, fabrication and
installation of the manhole, stubs, fittings, specials and
appurtenances. The CONTRACTOR shall furnish an affidavit of
compliance with all specifications referenced herein.
C. The CONTRACTOR shall submit the results of manhole testing
within 5 days of test completion and shall include station of
manhole tested, and the computed exfiltration or infiltration rate,
as applicable.
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PAEBT a- PRODUCTS
2.O1 PRECAST TYPE "T" MANHOLE
A. Where indicated as Type "T" manhole on the Drawings, the manhole
shall be precast reinforced concrete fabricated as a vertical tee
with the riser stub being 48 inches internal diameter. The tee
section shall comply with specification Section 02612 - Reinforced
Concrete Wastewater Pipe.
B. Precast Type "T" manholes shall be of the strength classification
indicated on the plans for the pipe at that location.
C. Type "T" manholes shall be precast with eyes and adaptors for
stubs as shown on the Drawing and specified in this section and in
conformance with detailed drawings and schedules of the manholes,
eyes and adaptors submitted by the CONTRACTOR and approved
by the ENGINEER.
D. Type "T" manholes shall be bedded in concrete encasement
completely filing the bedding envelope around the "T ", taking care
to keep all concrete away from all resilient pipe joints at the ends
of the "T" and stubs. Encasement concrete shall contain 4 sacks of
cement per cubic yard (minimum) and shall have a 28-day
compressive strength of 2,000 psi (minimum).
2.48 STANDARD PRECAST MANHOLE BASE
A. Unless otherwise noted on the Drawings, manholes shall be of the
precast base type conforming to ASTM C-478. The base shall be
precast with eyes and adaptors for stubs as shown on the Drawings
and specified in this Section and in conformance with detailed
drawings and schedules of the manholes, eyes and adaptors
submitted by the CONTRACTOR and approved by the ENGINEER.
B. The manhole base shall have precast or field grouted channel(s)
sloping smoothly from influent to effluent eyes and designed to
prevent reverse flow.
C. The manhole base shall be 48 inches internal diameter (minimum).
Where the internal diameter of the manhole exceeds 48 inches, a
flat lid eccentric reducer in conformance with ASTM C-478 shall
be provided with the 48 -inch riser opening situated directly above
the effluent line eye. The distance from the bottom of the flat lid
reducer to the flow line at the center of the manhole shall be equal
to or greater than the internal diameter of the manhole.
02601 -2
D. All base and riser joints shall be of the confined 0-ring type in
conformance with ASTM C-443.
2.03 EYES, ADAPTORS, CONNECTORS AND STUBS
A. Manholes shall have eyes precast for influent and effluent lines of
the size and material indicated on the Drawings. Manholes shall
have eyes or integral stubs precast at the orientation indicated on
the Drawings. Unless otherwise'aoted stub eyes shall be elevated
to provide a crown -to -crown match with the effluent line.
B. Eyes for lines or stubs 6 inches through 12 inches internal diameter
shall provide a watertight compression joint between manhole base
and the line conforming to ASTM C-425. , .
C. Eyes for lines or stubs 15 inches through 24 inches internal
diameter shall provide a watertight flexible "boot type" connector
between manhole base and the line conforming to ASTM C -923
D. Eyes for lines or stubs larger than 24 inches internal diameter shall
provide a watertight resilient gasket connector between manhole
base and the line conforming to ASTM C -923.
E. Joints between manhole base and lines or stubs shall permit 634
degrees of deflection in any axis while complying with all test
requirements. However, no deflection within this joint shall be
required to achieve the orientations and deflections indicated on
the drawings.
F. Stubs shall project one full standard pipe joint length beyond the
face of the manhole or 10 feet, which ever is less. In no case shall
any stub project outside of the permanent easement provided.
Unless otherwise noted, stubs shall have 1% grade into the
manhole. Stub ends shall be plugged using a temporary watertight
plug designed for the pipe material utilized. Plugs shall be thrust
blocked against undisturbed earth, taking care that concrete does
not interfere with any resilient joint.
2.04 RISERS AND REDUCERS
A. Risers and rducers shall be precast concrete in conformance with
ASTM C-478 and having confined 0-ring joints conforming to
ASTM C-443
B. Risers shall be 48 inches internal diameter.
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3.02 TESTING
C. Risers atop type 'T" manholes and precast base manholes of 48
inches internal diameter shall be topped with a concentric reducer
of 48 inches x 24 inches.
D. Risers atop precast base manholes of greater than 48 inches
internal diameter shall be topped with an eccentric reducer of 48
inches x 24 inches and oriented to match the flat lid reducer on the
manhole base.
2.05 RINGS AND COVERS
A. Manhole covers located within the pavement of public rights -of-
way shall be unbolted. All other manhole covers shall be bolted.
B. Manhole covers shall be flush with finished ground or pavement.
No more than four grade rings shall be used per manhole.
C. Manhole rings and covers shall conform to the specifications for
wastewater manhole rings and covers of the City of Round Rock
Water and Wastewater Department.
PART 3 - - EXECUTION
3.01 GENERAL
A. Unless noted otherwise the manhole base shall be bedded on
crushed stone at proper grade. Six inches of crushed stone shall be
placed to provide a firm foundation for the manhole. The
CONTRACTOR shall level and plumb the base prior to setting the
precast manhole riser sections on the precast concrete base.
B. Dust, dirt, and foreign matter shall be removed from the joint
surfaces. Gasket and joint surfaces shall be lubricated with a
lubricant recommended by the manufacturer for use with rubber O-
ring concrete pipe joints. Lubricant shall be applied with a brush,
cloth pad, sponge, or glove. A smooth round object shall be
inserted under the gasket and run around the circumference two or
three times to equalize stretch in the gasket.
A. Frequency of Testing - At no time shall there be more than 1000
linear feet of pipeline installed and otherwise complete in place
where manholes within this 1000 linear feet have not been
successfully tested in accordance with this specification. All tests
shall be successfully completed prior to the placement of any
grout, mortar or any material other than the specified gasket or
connector at the pipe and manhole joints
02601 -4
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02601 -5
END OF SECTION
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B. Acceptable Test Methods - Manholes shall be tested in accordance
with the infiltration or exfiltration test as described in this section
of the specifications.
C. Exfiltration Test - The manhole shall be completely filled (to
within 2' of casting) with water provided by the CONTRACTOR for
its complete length. The maximum head at any point shall not
exceed twenty -five (25) feet unless otherwise specified. After the
manhole has been filled and allowed to stand for twenty -four (24)
hours the amount of exfiltration shall be calculated. Any amount
above the maximum allowable exfiltration rate shall be cause for
rejection. The maximum allowable exfiltration and infiltration
shall be 0.1 gallons per hour per foot inside diameter per foot of
head.
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1.03 SUBMITTALS
1.04 QUALITY ASSURANCE
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SECTION 02612 - REINFORCED CONCRETE WASTEWATER PIPE
PART 1 - GENERAL
1.01 WORK INCLUDED
+S •
The work to be performed under this section of the specifications shall
include the labor, materials, tools, equipment and related items required
to furnish and install all reinforced concrete pipe for gravity flow
wastewater lines.
The specifications of the American Society for Testing and Materials
(ASTM) referred to in this section are listed below with their serial
designation:
ASTM C- 33 -74a Specifications for Concrete Aggregates
ASTM C76 -83 Reinforced Concrete Culvert, Storm Drain, and Sewer
Pipe
ASTM C150 -76 Specification for Portland Cement Concrete
ASTM C361 -83a Reinforced Concrete Low Head Pressure Pipe
ASTM C443 -78 Joints for Circular Concrete Sewer and Culvert Pipe
Using Rubber Gaskets
A. Submittals shall comply with the requirements of the Contract Docu-
ments.
B. The CONTRACTOR shall submit drawings and schedules showing full
details of fabrication of pipe, fittings, specials and appurtenances,
dimensions, layouts, wall thickness, concrete strength, steel area, joint
details, and other data pertinent to the manufacture and fabrication of
the pipe, fittings, specials, and appurtenances. The ENGINEER's
approval shall be secured prior to pipe installation. Submittals for Joints
are described in this section, part 2.05, paragraph B.
C. The CONTRACTOR shall submit a tabulated layout schedule, with
refernece to the stationing and grade lines shown on the Drawings. The
ENGINEER'S approval shall be secured prior to installation.
A. The CONTRACTOR shall furnish an affidavit that the pipe, specials,
fittings, and appurtenances furnished comply with all provisions of this
and the ASTM Specifications as stipulated in this section (to be approved
by the ENGINEER prior to installation of any pipe).
02612 -1
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Z.01 GENERAL
02612 -2
B. Pipe Marking. Each pipe segment or fitting shall be plainly and
permanently marked in accordance with ASTM C76 -83 paragraph 17. In
addition, bends shall have the angle turned by the bend marked on the
bend as described in ASTM C76 -83, paragraph 17.3.
C. The OWNER and the ENGINEER shall at all times have free access to
the manufacturer's plant while production is in progress, and may at any
time refuse to accept pipe made when the plant is failing to follow the
stipulations of the specifications in regard to workmanship or failing in
provisions to ensure a uniform product coming within the permissible
variations of the specifications as to size, thickness, position of rein-
forcing steel, or curing of the pipe. The OWNER or ENGINEER may
reject pipe if adequate means and methods are not provided to ensure
manufacture of a product of uniform high quality.
A. All reinforced concrete pipelines, Type 'T" manholes and fittings shall
be of the size and class indicated on the Drawings and shall comply the
following requirements of ASTM C76 -83: paragraphs 1 -4, 5.1.2, 5.2, 6,
7.1, 8 -10, 11.1, 11.2, 11.4, 11.5, and 12 - 17. In addition, reinforced
concrete pipe joints shall comply with the following requirements of
ASTM 361 -83a: paragraphs 6.9 and 8.
B. The pipe class as shown on the Drawings represents minimum allowable
pipe class with a maximum trench width as shown on the Drawings.
Should the CONTRACTOR choose to reduce the number of various pipe
classes by substituting a higher class than specified in certain areas, he
may do so provided the above minimum requirements are met or
exceeded, and provided the substitution is at no added cost to the
OWNER and provided the CONTRACTOR notifies the ENGINEER in
writing of all such substitutions. The minimum acceptable pipe class is
Class III.
C. Minimum laying length of each joint shall be 6' -0" for sizes up to and
including 15" and 7'6" for sizes larger than 15 ", except for special radius
pipe, bends, wyes, and other special fittings.
D. Lifting Holes are not permitted .
2.02 WALL THICKNESS
A. The wall thickness shall be Wall C in accordance with ASTM C76 -83.
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Z.03 CONCRETE
1 A. The concrete, materials, mixing, gradation, and curing shall conform to
the requirements of ASTM C76 -83 with the following additional re-
quirements. •
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1. Coarse aggregate shall be crushed limestone per ASTM C33. The
concrete shall be a minimum of 65% calcium carbonate equivalent.
Alkalinity shall be determined in accordance with paragraph 3.04
of this section.
2. Cement shall be ASTM C150 Type D containing not more than 5%
tricalcium ahrminate.
3. Water shall be potable, non recycled.
1
2.04 STEEL REINFORCEMENT
A. All steel reinforcement shall be in accordance with ASTM C76 -83 and
shall be circular in shape. No elliptical reinforcement or part circle will
be permitted.
Z.05 JOINTS
1 A. General. Joints for all reinforced concrete pipe shall conform to the
requirements of ASTM C361 -83, paragraph 8, except as follows:
1. Gaskets shall have a circular cross section and shall be confined in
a groove in the pipe spigot. Pipe with collars in lieu of integral
bells will not be acceptable.
2. Following successfull testing of the pipeline in accordance with the
Contract Documents, the inside joint recess of concrete pipe shall
be filled with stiff mortar mixed in proportions of one part
portland cement to two parts masonry sand passing a 16 mesh sieve
size. Joint surfaces shall be damp, but free from surface water
when mortar is placed. Mortar shall be thoroughly compacted and
finished smooth. All excess mortar shall be removed from the
pipe.
3. Each concrete pipe joint shall be designed to withstand, without
cracking, the gasket compression plus a differentia] load across the
joint equal to 4000 pounds per foot of internal diameter.
4. Pipe joints shall depend only upon the specified gasket for
maintaining the required level of performance for infiltration and
exf ltration. All required testing shall be conducted prior to
placing any grout, mortar or any material in the pipe joint other
than the specified gasket.
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1. The pipe manufacturer shall furnish detail drawings of the joint
design for each size to be furnished under this contract. The
maximum allowable inside joint space, including nominal 'home'
position, maximum 'pull', and manufacturing tolerances, shall be
provided by the pipe manufacturer and indicated on the furnished
details submitted in compliance with paragraph 1.02, part D.
2. Performance tests of the joints may be required. If such tests are
required, they shall be subject to the hydrostatic test set forth in
ASTM C443, both for 'Pipes in " Straight Alignment, paragra-
ph 9.1.1' and for 'Pipes in Maximum Deflected Position, para-
graph 9.1.2' without leakage either in the pipe or in the joints.
C. Joint Dimensions. The bell and spigot of the joint shall be of such design
that it will withstand the forces caused by the compression of the gasket
when properly jointed without cracking or fracturing. All surfaces of the
joint upon or against which the gasket may bear shall be smooth, free of
'palls, cracks, or fractures or imperfections that would adversely affect
the performance of the joint.
2.06 FITTINGS AND SPECIALS
All fittings and specials to be installed in the pipelines, including all
bends and tees shall be manufactured on machines in the same manner as
straight joint pipe. Quality of concrete, workmanship, and joints will be
subjected to the same requirements as for straight pipe. Fittings and
specials shall be made to conform to the requirements indicated on the
Drawings for such.
2.07 GASKETS
Rubber gaskets shall comply with the requirements of ASTM 361.
PART 3 - EXECUTION
3.01 GRADES
The grade elevation shown in the Drawings is the invert elevation, or
lowest point, of the inside barrel of the pipe. The pipe shall run on
straight grades between the elevations shown.
3.02 PIPE LAYING HANDLING AND JOINTING
A. Pipe shall be laid only upon subgrade and embedment which are in
satisfactory conditions and approved by the ENGINEER. All pipe shall
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be carefully lowered to the bottom of the trench and shall be laid with
the bell upgrade, unless otherwise approved by the ENGINEER; in any
event, the pipe shall be laid with the bell away from the last section
placed.
B. In handling laying, and jointing the pipe, extreme care shall be exercised
to prevent damaging the rubber gaskets and the ends of the pipe joints.
Just prior to jointing, an inspection shall be made to be certain that the
pipe ends and gaskets are thoroughly clean with no foreign materials
adhering to them. The pipe shall then be assembled'by pulling the spigot
of the joint being laid into the bell of the preceding pipe using a
mechanical pipe puller. Acceptable jointing procedures are described on
pages 9 -33 and 9 -34 of "Concrete Pipe Handbook" published by the
American Concrete Pipe Association, 1st Edition, 1980.
•
C. All joints shall be checked with a- feeler gauge. If any irregularity in the
position of the gasket is detected at any point on the entire circumfer-
ence of the pipe, the pipe shall be removed and the gasket examined for
cuts. If the gasket is undamaged, it may be used again, but both it and
the joint must be relubricated. Before the pipe sling is cast off, the
rubber gasket of the joint shall be checked for proper position as outlined
above. Jointing shall be performed in a manner to prevent damage to
the pipe and joints. After the pipe section is joined, it shall be checked
for line and grade.
D. Tight fitting stoppers or bulkheads shall be securely placed in the ends of
all pipelines when the work is stopped temporarily, and at the end of the
day's work, to prevent trash or dirt entering the pipe.
3.03 PROHIBITED FIELD PATCHING OF PIPE
The pipe shall not be patched or dressed in any manner after it has been
accepted by the CONTRACTOR without the written approval of the
ENGINEER. Such approval shall be granted for a given section of pipe
following inspection of the pipe by the ENGINEER or his representative
and submittal and approval of repair method. Field patching will not be
permitted if it will, in the opinion of the ENGINEER, adversely affect
the performance of joints, or impair the strength, durability or
serviceability of the pipe.
3.04 REJECTION OF THE PIPE
The pipe may be rejected for having defects or failure to meet requirements
as follows:
A. Variations in any dimension exceeding the permissible variations
prescribed.
02612 -5
B. A piece broken out of the bell or spigot of such size that the water-
tightness of the joint would be impaired.
' C. Any shattering or flaking of concrete or other conditions indicating an
improper concrete mix.
D. Lack of uniformity in placement of steel which might preclude all joints
being typical of those tested.
' E. Cracks sufficient to impair the strength, durability, or serviceability of
the pipe. "
F. Failure to conform with any of the' specifications herein set forth or
referenced.
G. Failure of pipe to go completely home.' : ! •
H. Failure to pass any of the tests required by these specifications.
' I. Joint sections with spalls, cracks, fractures, or other imperfections that
could adversely affect the performance of the joint.
' 3.05 ALKALINITY TESTING
' A. The alkalinity of the concrete shall be determined by an independent
testing laboratory.
B. Concrete test samples shall be obtained and tested in accordance with
procedures described in "Concrete Pipe Handbook" published by the
American Concrete Pipe Association, 1st Edition, 1980, pp. 7 -29 thru
7 -30.
' C. Samples shall be obtained and tested weekly for each pipe diameter
produced during that week.
D. Certified copies of the alkalinity tests results will be forwarded to the
ENGINEER for review and acceptance within seven (7) days of sample
collection. The average of the alkalinities measured from the two
samples shall be used to determine compliance with this specification.
E. Drill holes in the test pipes may be repaired and the test pipe used on the
project.
F. In the event that the average alkalinity for the two samples of the test
' pipe section is less than the specified value, two additional pipe sections
shall be selected from the same production period, and alkalinity
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3.06 TESTING
determinations made for these two sections. If either of the two retest
pipe sections fail to meet the specified alkalinity, each pipe section in
the failed production lot shall be tested prior to acceptance and only
those pipes which meet the alkalinity requirement shall be accepted. If
both retest sections meet the specified alkalinity value, the production
lot will be accepted.
Pipelines shall be subjected to other tests as required by the Contract
Documents.
END OF SECTION
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SECTION 02650 - TESTING OF PIPELINE
PART 1 - GENERAL
1.01 WORK INCLUDED
1.02 SUBMITTALS
A. Submittal of proposed test methods and test results 'hall be in accord-
ance with the Contract Documents. ' B. Submittal shall indicate test procedure used in accordance with'Part 3,
stations between which the tests were conducted and other test results
as applicable.
PART 2 - PRODUCTS
2.01 GENERAL
The work to be performed under this section of the specifications
consists of acceptance testing of the installed pipeline. The pipeline
shall be tested by low pressure air joint test.
This Part defines the requirements for various tests which may be
required to ascertain the pipeline's integrity. Part 3 defines which of
these tests are required for each pipe material.
At no time shall there by more than 1000 linear feet of pipeline installed
and otherwise complete in place which has not been successfully tested
in accordance with this specification.
2.02 LOW PRESSURE AIR JOINT TEST
A. GENERAL
After the pipe has been installed and backfilled, each joint shall be
tested in such sections as are convenient for the CONTRACTOR and
approved by the ENGINEER. The CONTRACTOR shall furnish all labor,
material, tools and equipment required to successfully complete the test.
B. EQUIPMENT REQUIRED FOR TEST
The equipment used for testing will not be installed as a part of the
project but shall be furnished and will remain the property of the
CONTRACTOR.
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e h 'SPEY. HUSTON & ASSOCIATES, INC.
The minimum test equipment shall consist of heavy -gauge corrugated
steel rings, with inflatable tubes encompassing the outside circum-
ference. Connections for mounting air valves and hose shall be in the
steel rings. The test equipment shall be similar to 'Joint Tester' as
manufactured by Cherne Industries of Edina, Minnesota.
Compressor Air Supply: Any source which will provide at least one
hundred (100) cubic feet per minute at fifty (50) pounds per square inch.
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Joint Tester, Valves, Pressure Gages; Air Hose, Connections and other
equipment necessary to conduct the air test shall be furnished by the
CONTRACTOR. The test equipment for air testing will consist of
valves, joint testing, and pressure gages used to control the rate at which
air flows to the joint being tested and to monitor the air pressure inside
the joint testing ring. > ,
C. PREPARATION FOR TEST
All joints to be tested shall be clean of sand, dirt or other materials.
Visually inspect the interior of the pipe for cracks, boles or sealing. The
surface of the pipe on each side of the joint to be tested shall be wiped
clean.
D. PROCEDURE
1. Place joint tester over joint to be tested.
2. Apply air pressure until the pressure inside the test cell reaches
4 p.s.i.g.
3. Allow the temperature and pressure inside the joint to stabilize at
a minimum pressure of 2.5 p.s.i.g. for a period of two (2) minutes
prior to the start of the testing operation; then either increase or
decrease the pressure to 3.5 p.s.i.g. prior to the start of the
testing.
4. At 3.5 p.s.i.g., the time and pressure will be observed.
5. This test procedure may be used as a presumptive test which
enables the installer to determine the acceptability of the line
prior to backfill and subsequent construction activities.
If the time for the air pressure to decrease from 3.5 p.s.i.g. to 2.0 p.s.i.g.
is greater than 20 seconds, the pipe joint shall be presumed to be free
from defect.
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e l l ESPEY, HUSTON a ASSOCIATES, INC.
PART 3 - EXECUTION
3.01 GENERAL
All labor and equipment required for testing the pipelines shall be
furnished by the CONTRACTOR. Testing shall be scheduled by the
CONTRACTOR, subject to observation and approval by the OWNER or
his designated representative.
3.02 GRAVITY WASTEWATER LINES -
A. Reinforced Concrete. Sewer Pipe (RCP) - 48 inch diameter or greater.
RCP 48 inch diameter or greater shall be tested in accordance with
Section 2.02. In addition, all leaks viable either during the testing or
prior to final acceptance shall be plugged. -
END OF SECTION
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