R-89-1380 - 11/21/1989and
I 1 /� D
RESOLUTION NO. I S K,
WHEREAS, the City of Round Rock desires to construct a septic
system at Old Settler's Park at Palm Valley, and
WHEREAS, the City of Round Rock has duly advertised for bids for
the construction of said septic system, and
WHEREAS, C & S Excavating has submitted the lowest and best bid,
WHEREAS, the City Council wishes to accept the bid of C & S
Excavating, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the bid of C & S Excavating, is hereby accepted as the
lowest and best bid, and the Mayor is hereby authorized and directed
to execute on behalf of the City a contract with C & S Excavating to
construct a septic system at Old Settler's Park at Palm Valley, said
contract attached hereto and incorporated herein for all purposes.
RESOLVED this 21st day of November, 1989.
ATTEST:
C- RS11219D
2Ac
JO NNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
Palm Valley Park Septic System Improvements
As the certified bid tabulation transmitted to you yesterday, C &S
Excavating was the low bidder for the above referenced project. Upon
checking references, we found that C &S Excavating has experience with
this type of construction. At this time, we recommend award of the
contact to C &S Excavating.
Mayor':.
Mike. Robinsone'.
Mayor- Pro•tern
Charles' Culpepper
Council Members
Oatman
Pete Correa
Ronnie Jean
. =' -'
Jimmy •Joseph
City Manager
Robert L Bennett, Jr.
City Attorney
L.Sheets -;'
DATE: November 17, 1989
SUBJECT: Council Agenda, November 21, 1989
ITEM: 9C. Consider a resolution authorizing the Mayor to
enter into an agreement for the construction of
a septic system at Old Settlers Park at Palm Valley.
STAFF RESOURCE PERSON: SHARON PRETE
STAFF RECOMMENDATIONS:
Six bids were received and opened on November 14,
1989, for the ballfield area septic system.
C & S Excavating
Jayek Const. Co., Inc.
B J Electric Co.
Ram Excavating
Percision Commercial Plumbing
Co., Inc.
Robert Jenkins Co.
$34,800.00
38,400.00
48,974.00
49,895.00
65,000.00
66,478.00
Staff recommends that C & S Excavating be awarded
the bid in the amount of $34,800.00.
ECONOMIC: The recommendation is lower than our estimated
cost.
CITY OF
ROUND ROCK
PUBLIC WORKS
PROJECT
PALM VALLEY PARK
SEPTIC SYSTEM IMPROVEMENTS
TEXAS LOCAL PARK FUND STATE PROJECT #20 -00264
SPECIFICATIONS AND
CONTRACT DOCUMENTS
I3E)s
Mayor
Make Robinson
Mayor Pro -tem
Charles Culpepper
Council Members
John Hood
Tish Oatman
Pete Correa
Ronnie Jean
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
DATE: December 5, 1989
THE CITY OF ROUND ROCK
"1.21 Bast Main Street
Round Rock, Texas 78664
512 - 251 3612
MEMORANDUM
TO: Stephan L. Sheets
City Attorney
FROM:
Transmitted herewith are five (5) sets of contract documents and
specifications for the above referenced project, as executed by C &S
Excavating, Inc. At this time we request that you review the sufficiency
of these documents as soon as possible and notify us of any corrections
that need to be made. Note that the insurance certificate provided lists a
combined single limit coverage of $500,000 for Automotive Liability which
does not exactly meet the contract requirements. I consulted with Charlie
Crossfield yesterday regarding this and he felt it would not be a problem.
If you feel the documents are in order, we will then transmit them to
Mayor Robinson for his signature.
Daniel Lynn Halrlen, P.E. k.
Public Works Departmen
RE: Palm Valley Park Septic System Improvements
pv /dh2
Section Description Page
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD-1
3.0 Post Bid Documents PBD-1
4.0 General Conditions GC -1
5.0 Special. Conditions SC -1
6.0 Technical Sperifi ations TS-1
7.0 Electrical Specifications (Package)
tabl%sk2
PALM VALLEY PARK
SEPTIC SYSTEM IMPROVEMENTS
Tahla of Contents
notice /1
NOTICE TO BIDDERS
• Sealed proposals addressed to the City Manager, City of Round
Rock, 221 East Main Street, Round Rock, Texas, 78664, for furnishing all
labor, material and equipment and performing all work required for the
project titled PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS
(Project involves construction of a large pressure dose -type septic system)
will be received until November 14, 1989 at 2.00 P.M. then puhlirly
opened and read aloud in the City Council Chambers at the same address.
No hula may be withdrawn after the 'scheduled opening time. Any bids
• received after scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock proposal forms and
must be accompanied by an acceptable bid security as outlined in the
Instructions to Bidders, payable to the City of Round Rock, Texas, equal
to five percent (5 %) of the total bid amount. Plans, Proposal Forms,
Specifications, and Instructions to Bidders may be obtained from the
Department of public Works, 300 South Blair, in Round Rock, Texas,
beginning October 31, 1989 for a nonrefundable charge of $10.00 per set.
In rase of ambiguity, duplication, or obscurity in the bids, the City
of Round Rock reserves the right to construe the meaning thereof. The
City of Round Rock further reserves the right to reject any or all bids
and waive any informalities and irregularities in the bids received.
. The successful bidder will be expected to execute the standard
contract prepared by the City of Round Rock, and to furnish performance
and payment bonds as described in the bid documents.
Pub. Dates: Round Rock Leader:
10/30/89
11/06/89
11/13/89
JOANNE LAND
City Secretary
City of Round Rock
Austin American - Statesman:
10/29/89
11/05/89
11/12/89
NB -1
INSTRUCTIONS TO BIDDERS
L Prior to submitting any proposal, bidders are required to read the
plans, specifications, proposal, contract and bond forms rarefully; to
inform themselves by their independent research, test and investigation of
the difficulties to be encountered and judge for themselves of the
access hility of the work and all attending circumstances affecting the
cost of doing the work and the time required for its completion and
obtain all information required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omi' ons from, the
plans, specifications, or other documents, or should he be in doubt as to
their meaning, he should notify at once the Engineer and obtain
clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is
received at the place and time named in the Notice to Bidders. Bid•
received after closing time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed
Bid" and showing the name of the project, the job number if applicable,
and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the City of
Round Rock.
6. All proposals shall be accompanied by a certified cashier's check
upon a National or State bank in an amount not leas than five percent
(5 %) of the total maximum bid price, payable without recourse to the City
of Round Rock, or a bid bond in the same amount from a reliable surety
company, as a guarnatee that the bidder will eater into a contract and
execute ;cerformance and payment bonds, as stipulated by item 11 bellow,
within ten (10) days after notice of award of contract to him. Proposal
guarantees must be submitted in the same sealed envelope with the
proposnL Proposals submitted without check or bid bonds will not be
considered
7. All bid securities will be returned to the respective bidders within
twenty -five (25) days after bids are opened, except those which the
owner elects to hold until the successful bidder has executed the
contract. Thereafter, all remaining securities, including security of the
successful bidder, will be returned within sxty (60) days.
8. Until the award of the contract, the City of Round Rock reserves
the right to reject any and all propose] and to waive technicalities; to
advertise for new proposals; or to do the work otherwise when the best
interest of the City of Round Rock will be thereby promoted.
BD -1
9. In case of ambiguity or lack of clarity in the statement of prices in
the bids, the City of Round Rock reserves the right to consdder the most
favorable analysis thereof, or to reject the bid. Unreasonable (or
unbalanced) prices submitted in a bid may result in rejection of such bid
or other bids.
10 Award of the contract, if awarded, will be made within sixty (60)
days after opening of the proposals, and no bidder may withdraw his
proposal within said sixty (60) day period of time unless a prior award is
made.
11. Within ten (10) days after written notification of award of the
contract, the successful bidder must furnish a performance bond and a
payment bond in the amount of one - hundred percent (100 %) of the total
contract price. Provided however, if the contract price is less than
$50,000.00, the bidder shall have the option of providing a letter of
credit in lieu of a performance bond, said letter of credit in a form
acceptable to the City of Round Rock. Said performance bond, or letter
of credit, if applicable, and payment bond shall be from an approved
surety company holding a permit from the State of Texas to act as surety
(and acceptable according to the latest list of companies holding
certificates of authority from the Security of the Tresury of the United
States) or other surety or sureties acceptable to the Owner, with
approval prior to bid opening.
12. If the total contract price is less than $25,000.00 the performance
and payment bond requirement will be waived by the City of Round Rock.
Payment will be made following completion of the work.
13. Failure to execute the construction contract within ten (10) days of
written notification of award or failure to furnish the performance bond,
or letter of credit if applicable, and payment bond as required by item al
above, shall be just cause for the annulment of the award. In case of the
annulment of the award, the proposal guarantee shall become the property
of the City of Round Rock, not as a penalty, but as a liouidated damage.
14. No contract shall be binding upon the City of Round Rock until it
has been signed by its Mayor after having been duly authorize; to do so
by the City council.
15. The Contractor shall not commence work under this contract until
he has furnished certification of all insurance required and such has been
approved by the City of Round Rock, nor shall the contractor allow any
subcontractor to commence work on his subcontract until proof of all
similar insurance that is required of the subcontractor has been furnished
and approved.
0 D-2
16. Any quantities given in any portion of the contract documents,
including the glans, are estimates only, and the actual amount of work
required may differ somewhat from the estimates. The basis for the
payment shall be the actual amount of work done and/or material
furnished.
17. No Texas sal , ms tax shall be included in the prices bid for work
under this contract. This contract is issued by an organization which is
qualified for exemption pursuant to the provisions of Article 10.04 (h) of
the Texas Limited Sales, Excise and Use Tax Act. The contractor
performing this contract may purchase, rent or lease al materials,
supplies, equipment used or consumed in the performance of this contract
by issuing to his supplier an exemption certificate complying with State
Comptro11pr's ruling #95 -0.07. Any such exemption certificate issued by
the contractor in lieu of the tax shall be sub ct to the provisions of the
State Comptroller's ruling #95 -0.09 as amended to be effective July 1,
1979.
18. No conditional bids will be accepted.
inLLt uct/sodsk2
BD-3
and firmly bound unto the
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE
, as PRINCIPAL and
, as SURETY, and held
, hereinafter referred to as the
" OWNER ", in the penal sum of five percent (5%) of the total amount of
the bid of the PRINCIPAL submitted to the OWNER, for the work
described kelow; for the payment of which sum in lawful money of the
United States of America, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assirns, jointly and
severally, firmly by these presents. In no case shall the liability of the
SURETY hereunder exceed the sum of $
The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said
PRINCIPAL has submitted the above mentioned bid to the OWNER, for
construction for the work under the "SPECI'r"ICATIONS FOR
CONSTRUCTION OF
, for which bids are to be
o at the ofice of the OWNER on ,1989.
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within
the time and manner required under the heading "instructions to Bidders ",
after the prescribed forms are presented to him for signature, enters into
written agreement, sutstantially in the form contained in the
Specifications, in accordance with the bid and files the town bonds with
the OWNER, one to guarantee faithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be
null and void, otherwise, it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement
is recovered, said SURETY shall pay all costs incurred by the OWNER in
such suit, including a reasonable attorney's fee to be fixed by the Court.
In WITNESS W HEREOF, we have hereunto set our hands and seals this
day of 1989.
Principal Surety
By: (Seal) By: (Seal)
bidbond/sprskl
ED-4
Bid
!! tem
PROPOSAL BIDDING SHEET
JOB NAME: Palm Valley Park Septic System Improvements
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATES: November 1989
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to
Bidders, the undersigned bidder hereby proposes to do all the work, to
furnish all necessary superintendence, labor, machinery, equipment,
tools, materials, insurance and miscellaneous items, to complete all
the work on which he bids as provided by the attached supplemental
specifications, and as shown on the plans for the construction of Palm
Valley Park Septic System Improvements and binds himself on
acceptance of this proposal to execute a contract and bond for
completing said project within the time stated, for the following
prices, to wit:
2.
bidding /2
BASE BID
Item Description
Quantity Unit and Written Unit Price
Unit
Price Amount
1 L.S. Wastewater Septic System
complete in place, per
lump sum. p
for ,fief ul cer htree.huai
fwwaf y ��wc dollars /� c
and N cents. $ 17.�11,% $
2 L.S.
Electrical site work,
complete in place, per
lump sum.
vP ty S41S dollar
and cents $
k
for FA POuf kturiefiN
TOTAL BASE BID (items 1 and 2)
BD -5
$
1
11 Bidding /2
If this proposal is accepted, the undersigned agrees to execute the
contract and provide necessary bonds and insurance certification as
per the Instructions to Bidders and commence work within five (5) days
after written Notice to Proceed. The undersigned further agrees to
complete the work in full within forty -five (45) calendar days after
the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the
proposal have been carefully checked and are submitted as correct and
final. The owner reserves the right to reject any or all bids and may
waive any informalities.
Respectfully Submitted,
Title for:
r x ea_VertF Yt Gt
Name of Firm J Secretary, if Contractor is a
Corportaton
Date:
BD -6
PO. 60x, 5 Pr'trczrnT . 7Sos
Address
(Sia) 3 5.E a220
Telephone
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INFORMATION REQUIRED OF BIDDER
(Shall be submitted prior to award of contract. Failure to submit prior to award of
contract shall be cause for rejection of bid.).
The bidder is required to sniply the following information.
Additional sheets may be attached if necessary.
(1) Name C 4 3 Ex_ eava +ins
(2) Address ? 0 Pnx 555 , erfrarri
(3) Phone Number 511) 35S -)J' O 7
(4) Type of Firm:
( ) Individual, ( V) Partnership, ( ) Corporation
(5) Corporation organized under the laws of the State of
(6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
Sari i CO Ktither5 �a rfr�er PO .) 555 Ze.
C n y Cn rr h .x°" Par ne Pig. % mss rtia lit .
Roan o5milh
CIE r cc,f
. 7Jt o -
(7) Number of years experience
(8) List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
Owner: Trav s Co. 1.,=J cal v, z ,
$ 9 � g 6 1 3. `'� L / � 1 S /stems L - 19" et /' zr fir,iVH tl `ls�S�ua:DNl
$ 9 993. 7.S c-Pas.s1 9 -,-29 � ' L,z�r�� er1,„,1
(9) List the name and address of each subcontractor who will perform
work in or about the work or improvement in excess of one -half
(1/2) of one (1%) percent of the total bid price and indicate
what part of the work will be done by each subcontractor:
t. 6.6 -tva12 Tk . o
(10) payment H of taxes, in the State of 7 75
Yes No
(11) List all jobs you performed in which a trench failure injury
occurred:
(12) If requested by the Owner, the Bidder shall submit a notarized
financial statement, financial data or other information and
references sufficiently comprehensive to permit an appraisal of
his current financial conditions.
Above information is accurate and correct to the best of my knowledge.
BD
(M i(4.
Title
Date: //'i / 7 — c7
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3.0 POST BID DOCUMENTS
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
That this Agreement made and entered into this /4 - day
of / A.D., 1989, by and between the CITY OF ROUND ROCK
TEXAS, it's Mayor, First Party, her termed the Owner and C e .S
4 X00 vat r of the City of r ra vn � —
County c,f , State of j',. xQ S , Second Party,
hereinafter termed Contractor.
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
WITNESSETH: That for and in consideration of the payments
and agreements hereinafter mentioned to be made and performed by GajA
First Party (Owner), the qid Second Party (Contractor) hereby agrees
with the First Party to commence and complete the construction of
certain improvements at the prices set forth in the Contractor's Proposal
dated !1 -/ -2q for certain improvements described as follows:
Palm Val1Py Park Septic System Improvements
The Contractor shall perform all work shown on the Plans and
described in the Specifications and shall meet all requirements of this
Agreement, the General and Special Conditions of the Contract; and such
Orders and Agreements for Extra Work as may subsequently be entered by
the above named parties to this Agreement.
The Contractor hereby agrees to commence work under this
contract within 5 consecutive calendar days after the date of the
written Notice to Proceed and shall cause work to progress in a manner
satisfactory to the Owner. Such work shall be completes in full within 45
calendar days after the date of the written Notice to Proceed. Time is of
the essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to
make payments on account, for the performance of the work in
accordance with the Contract, at the prices set forth in the Contractor's
Proposal, subject to additions and deductions, all as provided in the
General Conditions of the Agreement.
The following documents together with this Agreement, comprise
the Contract, and they are fully a part thereof as if herein repeated in
Notice to Bidders
Instruction to Bidders
Proposal and Bidding Sheets
Performance & Payment Bonds
Certificate of Insurance
General Conditions of Agreement
Basis of Measurement & Payment
PBD -1
Special Conditions of Agreement
Technical Specifications
Special Provisions
Addenda
Change Orders
Pans
(agreepbd/4)
AGREEMENT - continued
In WITNESS W HEREOF the Parties to these presents have executed
this Agreement in the year and day first above written.
ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER
agreeplx1/4 PBD -2
e /5 EX cavat /
Contractor
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TRINITY UNIVERSAL
INSURANCE _ COMPANIES
DALLAS TEXAS
Trinity Universal Insurance Co.
Security National Insurance Co.
Trinity Universal Insurance Co.
of Kansas, Inc.
KNOW ALL MEN BY THESE PRESENTS:
THAT, Cody and Sandy Carothers DBA: C & S Excavating
8-358 119/89)
TEXAS STATUTORY
PERFORMANCE BOND
(Public Works)
(hereinafter called the Principal), as principal, and Security National Insurance Company
' , a corporation organized and existing under the laws
of the State of Texas , licensed to do business in the State of Texas
and admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto
' City of Round Rock, Texas
(hereinafter called the Obligee), in the amount of
Thirty four thousand eight hundred even (Dollars)
1 ($ 34,800 00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
,0, '"arlitilesillito t`'executbrs 'successors'and'as signs, f"or'nthrafd "severa'lly, firmly by these- ptefents:
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 5th
day of December ,19 89 , for Palm Valley Park Septic System
Improvements
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 the work in accordance with the plans, specifications and contract documents, than this
obligation shall be null and 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 and all liabilities on this bond shall be determined in accordance with the pro-
visions, conditions and limitations of said Article to the same extent as if it were copies at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th
day of December , 19 89
Cody and Sandy Carothers DBA:
Principal. C & S Excavating
1 �
B .464 � / ✓/71/'//�� .artner
ers
Sandy Ca t rs
Surety • Security National Insurance Company
By
Rick Clements
AT TOANEV•IN•FACT
PERFORMANCE BOND
THE STATE OF TEXAS )
COUNTY OF WILLIAMSON )
THAT of the City
of County of , and State of
perfbd /5 P B D -3
KNOW ALL MEN BY THESE PRESENTS
as principal, and
authorized under the law af the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto THE CITY OF ROUND
ROCK, TEXAS, hereinafter called THE CITY, COUNTY OF WILLIAMSON,
TEXAS, (owner), in the penal sum of
Dollars ($ ) for the payment whereof, the
said Principal and Surety bind themsP1ves, and their heirs, administrators,
executors, successors and asqigns, jointly and severally, by these presents:
W HEREAS, the principal has entered into a certain written contract with
the Owner dated the day of , 19 to which the
contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein consisting of:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH,
that if the said principal shall faithfully perform said Contract and shall,
in all respects, duly and faithfully observe and perform all and singular
the convenants, conditions and agreements in and by said Contract,
agreed and convenanted by the Principal to be observed and performed,
including but not limited to, the repair of any and all defects in said
work occasioned by and resulting from defects in materials furnished by
or workmanship of, the Principal in performing the work covered by said
Contract and occurring within a period of twelve (12) months from the
date of the Contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and
the Plans and Specifications hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of 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.
PERFORMANCE BOND (CONTINUED)
Surety, for valve received, stipulates and agrees that no change,
extension of time, alteration or addition to the term of the contract, or
to the work performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this day of ,19
Principal
By B
Titre Title
Address Address
The name and addrass of the Rpaident Agent of Surety is:
perfbd /5
PB D
Surety
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'TRINITY UNIVERSAL
I INSURANCE COMPANIES
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riSEIL ; SEAL;
fff I 1
3 -35620/139/
Trinity Universal Insurance Co.
Security National Insurance Co.
Trinity Universal Insurance Co.
of Kansas. Inc.
TEXAS STATUTORY
PAYMENT BOND
(Public Works)
KNOW ALL MEN BY THESE PRESENTS:
THAT, Cody and Sandy Carothers DBA: C & S Excavating
(hereinafter called the Principal), as principal, and Security National Insurance Company
, a corporation organized and existing under the laws of
the State of Texas licensed to do business in the State of Texas and
admitted to write bonds, as surety, (hereinafter called the Surety), are held and firmly bound unto
City of Round Rock, Texas
(hereinafter called the Obligee), in the amount of Thirty four thousand eight hundred even
(Dollars)
3 34.800.00 Ifca:the payment whereof, the saidf bind themselves, and their heirs,
administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
I 19 *
d of December 89 for Palm Valley Park Septic System WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 5th
Improvements
1
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 null and void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160of the Re-
vised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the pro—
visions, conditions and limitations of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th
day of December 19 89
Cody and Sandy Carothers DBA:
Principal • C & 5 Fofravating
By
By•
Rick Clements
Surety . Security National Insurance Company
ATTORNEY-IN-FACT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THAT,
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS
of the City cf
County of and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter called THE CITY,
COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of
Dollars ($ ) for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the day of , 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 Pffect;
PROVIDED, HO WEVER, 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 ct said Article to the same extent as if it
were copied at length herein.
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 W HEREOF, the said Principal and Surety have signed and sealed this Instrument
this day of , 19 .
Principal
By
Title
Address
Surety
The name and address of the Resident Agent of Surety is -
dhpaybd/6 PBD-5
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CORD 025 -5 CERTIFICATE OF INSURANCE
Producer
CLEMENTS INSURANCE AGENCY
P.O. BOX 550
BERTRAM
I 1 (512)355 -2065
1 CODE
1 Issue Date 1
1 12 - 05 - 89 1
1 This Certifcate is issued as a matter of information only and confers
1 no rights upon the certificate holder. This certifcate does not amend,
1 extend or alter the coverage afforded by the policies below.
Companies Affording Coverage
TX 78605
5UR -CODE
C AY k SANDY CAROTRER5 DBA
C & S EXCAVATING
I 1 P. D. BOX 555
1 BERTRAM, TEXAS 78605
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1 A 1 X BUILDERS RI5K BINDER l 12 - 05 - 89 103 -05 - 90 1 434.8
Description of Operations /Locations /Vehicles /Restrictions /Special Items
1
Automobile Liability
1 A i Any auto
All owned autos
1 %I Scheduled autos
XS Hired autos
01 Non -owned autos
Garage Liability
Coverages =_____
This is to certify that policies of Insurance listed below have been issued to the insured named above for the policy period
indicated, notwithstanding any requirement, term or condition 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 terms,
euclusions, and conditions.
.Co I Type of Insurance 1 Policy Number )Effective Datel Expire Date 1 All Limits in Thousands
ILtrI - -- General Liability 1 General Aggregate 4 1000
A I XlCommerciai General Liab. 1 6L7438349 -10 - 90 1 Products - Comp /Ops Apure. $ 500
Claims made X Occur. 1 - - 1 Personal /Advertising Inj. $ 500
1 A 1 XI Owners & Contractors 1 BINDER -05 - 90 1 Each Occurrence 4 500
- - 1 Fire Damage(Any one fire) 4 50
- - l Medical Expense 4 5
(Any one person)
TCA6417228 l 04 - 10 - 89 104 -10 - 90 1 CSL $ 500
- - - 1 Bodily Injury Per
- - 1 Person) 4
1 - - 1 Bodily Injury Per
- 1 - - 1 Accident/4
Property
Damage 4
Each Occurrence Aggregate
Encess Liability
1 Umbrella Form •
Other than Umbrella Form
-- Workers Compensation
and
Employers Liability 051011001998 -03
PALM VALLEY PARK SEPTIC SYSTEM IMPROVEMENTS
Certificate Holder
CITY OF ROUND ROCK
PROJECT 420 -00264
4 AT^0ENT1Th0 0fTY ^NANA'GER
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
,■ Company
Letter A TRINITY UNIVERSAL OF KANSAS
1 Company
ttr ILUROWNAERALIV9, 00 ..
1 Company
1 Letter
Coipany
1 Letter 0
1 Company
1 Letter E
04 - 10 - 89 104
12 - - 05 - 89 112
04 - 11 - 89 104
Statuatory
4100
-11 - 90 1 4500
4100
(Each accident!
(Disease- Policy Licit)
(Disease -Each Employee) 1
=1 CANCELLATION
1 Should any of the above described policies be cancelled before the
1 expiration date thereof, the issuing company will 3odememotamx
C` aai'T' (30 tTaVs' lfrittet netiCe'tothe°"COrtlii'fat "Flo)der named to'fhe
1 left, but failure to mail such notice shall impose no obligation or
1 liability of any kind upon the ccomp agents or representatives.
Authorized Representative ( �I�LGt
TO: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
THIS IS TO CERTIFY THAT is, at the date of this .
certificate, insured by this company with respect to the business operations hereinafter
described, for the types of insuranCe and in accordance with the provisions of the standard
policies used by this company, and further hereinafter described. Exceptions to standard
polices are noted on the reverse side hereof.
TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF
INSURANCE NO. DATE DATE LIABTLTTY
Satutory, State
Workmen's of Texas,$
Compensation Employer's
Liability
Comprehensive Bodily Injury
General $ each person
Liability $ each person
Includes
Contracrna1
Liability
Covers Property Damage
Independent $ each accident
Contractors $ aggregate
Owner's Bodily Injury
Protective $ each person
$ each accident
Property Damage
$ each accident
$ aggregate
Comprehensive Bey Injury
Automobile $ each person
r,iability $ each accident
Owned
Vehicles Property Damage
Hired $ each accident
Vehicles
Non-owned
Vehir1 os
Includes
Contracbial
Liability -
certins /6
CER'r.uICATE OF INSURANCE
PBD-6
Date:
Description of work:
CERTIFICATE OF INSURANCE (CONTINUED)
The above policies either in the body thereof or by appropriate endorsement provide that
they may not be changed or cancelled by the insurer in less than ten (10) days after the
insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends, or alters
the coverage afforded by policy or policies indicated by this certificate.
certins /6
(Name of Insurer)
By:
Title:
Address:
P B D -7
MAINTENANCE BOND
BOND NUMBER AMOUNT $34,500.00
KNOW ALL MEN BY THESE PRESENTS,
That we, Cody and Sandy. Carothers DBA:
C & S Excavating
( hereinafter called the "Principal')
as Principal, and the Security National Insurance Company
a Corporation duly organized under the laws of the State of Texas ,
and duly licensed to transact business in the State of Texas
(hereinafter called the "Surety"), as Surety, are held and firmly bound
unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the
"Obligee "),in the sum of Thirty four thousand eight hundred
even dollars ($ 34.800.00 ) for the payment of which sum
well and truly to be made, we, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, " firmly ..byr these presents, . ,,.. „ -.-
Sealed with our ssa1s and dated this 5th day of December , A.D.
nineteen hundred and eighty nine
WHEREAS, the said Principal has heretofore entered into a contract with
Palm Valley Park Septic System Improvements
dated December 5 , 1939, for construction of
WHERAS, the said Principal is required to guarantee the construction of
all improvements installed under said contract, against defects in
materials or workmanship, which may develop during the period of one
year(s) from the date of acceptance of the project above described, by
owner
THE CITY OF ROUND ROCK, TEXAS
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH,
that if said Principal shall faithfully carry out and perform the said
guarantee, and shall, on due notice, repair and make good at its own
expense any and all defects in materials or workmanship in the ga ir1 work
which may develop during the period of one year(s) from the date of
acceptance of the project above described, by owner
THE CITY OF ROUND ROCK, TEXAS
or shall pay over, make good and reimburse to the said Obligee all loss
and damage which said Obligee may sustain by reason of failure or
default of Gairl Principal so to do, then this obligation shall be null and
void; otherwise shall remain in full force and effect.
Cody and Sandy Carothers DBA:
C & S Excavating
Prin • Surety
by Sandy ,arothers, partner
(maintbd/6)
P5 D -8
Security National Insurance Co.
by Rick Clements, Attorney -in -fact
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r1-3898
REV. 3-82
•
KNOW ALL MEN BY THESE PRESENTS:
•
i That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each o Texas Corpor ond TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., .a
Kansas Corporation do hereby appoint RICK-CLEMENTS — BERTRAM, TEXAS
. true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf fidelity and surety .
bonds or undertakings and other documents of a similar character issued in the course of its business, and •
to bind the respective company thereby, in amounts or penalties not exceeding the sum of • • -
ONE HUNDRED THOUSAND AND NO/100' • . - 100,000 )' 00
Dollars ($
EXCEPT NO AUTHORITY IS GRANTED FOR:
1. Bid or proposal bonds where estimated contract price exceeds the amount stated herein,
2. OF Penalty bonds.
3. Bonds where Attorney(s)sin-Fact, appe,ohas a party gt.1riterest. , • • • •sesarr-rom
IN WITNESS WHEREOF, UNIVERSAL INS RANCE t OMPANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each
executed and attested these presents
2ND AP; .84 .
this day of
19
A E, PRE VENT
AUTHORITY FOR POWER OF ATTORNEYJ
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each u Texas Corporation and UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of
Director, on the 1st day of March, 1976 and of which the following is a true, full, and complete copy:
"RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies he and
they Fee hereby authorized and empowered to shorre, execute, and deliver in behalf of these Companies
unto rephr person Or persons residing within the United States of America, o': they May seleCt, its Power
of Attorney constituting and appointing each such person its Atrorneyrin-Fact, with full power and author-
ity io ;sake, execute ond deliver, for it, in its name and in its behalf, Cs Eurety, any particular bond Or
Undertaking that may be required in the specified territory, under such iimitotions ond restrictions, both
as to nature of such bands or undertaking and as to limits of liability to be undertaken by these Companies,
as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to
which • eel: Powers oF Attorney may he restricted, to be in each instance specified in such Power of
Attorney.
RESOD/ED, That any and all Attorneys-in-Fact and Officers of the Companies, includirrig Assistant Secre-
taries, whether Or not the Secretary is absent, be and are hereby authorized and empowered ro certify or
verify copies of the By-Laws oF these Companies os well as ony resolution of the Directors, having to do
with the execution of bonds, recognizances, contrecrs of indemnity, and all other writings obligotory in the
nniure irmreof, or with regard to the powers of any of the officers of these Companies or of Attorneys-in-
Fes is
RESOD/I'D, That the signoture of any of ihe persons described in the foregoing resolution may be fac-
simile sionctures as fixed or reproduced hy oily form of typing, printing, stomping or other reproduction of
ide names of the persons hereinabove aurhorised."
5th
"'Pt
MSE.25.14 - 7SEAL d USEALA
... ............
TheTrin4y
'Companies
043s l'exas75201
LIMITED POWER OF ATTORNEY
CERTIFICATION OF POWER ATTORNEY
I, Juidth E. Isaggn, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the Foregoing Resolution of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, are true and correct and are still in full force and effect.
IN WIlHESS WIdEREOls, I have hereunto sot my hand and affixed the facsimile seal of each Corporation
day of
December 19 8 9
6/JUDITH E. FAGAN, CORP. SECRETARY
4.0 GENERAL CONDITIONS
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Contents
1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Sub - Contractor
1.04 Sub-Subcontractor
1.05 Written Notice
1.06 Work
1.07 Extra Work
1.08 Working Day
1.09 Calendar Day
1.10 Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
2.02 Professional Inspection by Engineer
2.03 Payments for Work
2.04 Initial Determinations
2.05 Objections
2.06 Lines and Grades
2.07 Contractor's Duty and Superintendence
2.08 Contractor's Understanding
2.09 Character of Workmen
2.10 Contractor's Buildings
2.11 Sanitation
2.12 Shop Drawings
2.13 Preliminary Approval
2.14 Defects and Their Remedies
2.15 Changes and Alterations
2.16 Inspectors
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
3.02 Ownership of Drawings
3.03 Adequacy of Design
3.04 Right of Entry
3.05 Collateral Contracts
3.06 Discrepancies and Omissions
3.07 Equipment, Materials and Construction Plant
3.08 Damages
3.09 Protection Against Accident to Employees and the Public
3.10 Performance and Payment Bonds
3.11 Losses from Natural Causes
3.12 Protection of Adjoining Property
General Conditions of Agreement
GC-1
3.13 Protection Against Claims of Sub-Contractors. etc.
3.14 Protection Against Royalties or Patented Invention
3.15 Laws and Ordinances
3.16 Assignment and Subletting
3.17 Indemnification
3.18 Insurance
3.19 Final Clean-Up
3.20 Guarantee Against Defective Work
4. Prosecution and Progress
4.01 Time and Order of Completion
4.02 Extension of Time
4.03 Hindrances and Delays
5. Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
5.03 Price of Work
5.04 Partial Payments
5.05 Use of Completed Portions
5.06 Final Completion and Acceptance
5.07 Final Payment
5.08 Payments Withheld
5.09 Delayed Payments
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contracts
9.03 Cutting and Patching Under Separate Contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
GC-2
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General Conditions of Agreement
1. Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the
Agreement and are referred to throughout the Contract Documents as if singular in number and mascu.
line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi-
neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu-
ments shall create any contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal,
Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as binding as if
called for by all. In case of conflict between any of the Contract Documents, priority of interpretation
shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if
any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans,
and General Conditions of Agreement.
1.03 Sub - contractor
The term Sub - Contractor, as employed herein, includes only those having a direct contract with the
Contractor and it includes one who furnishes material worked to a special design according to the plans
or specifications of this work, but does not include one who merely furnishes material not so worked.
1.04 Sub - subcontractor
The term Sub - Subcontractor means one who has a direct or indirect contract with a sub - contractor to
perform any of the work at the site and includes one who furnishes material worked to a special design
according to the plans or specifications of this work, but does not include one who merely furnishes
material not so worked. -
1.05 Written Notice
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
by registered mail to the last business address known to him who gives the notice.
1.06 Work
The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin-
tendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of
GC-3
materials. Materials or work described in words which so applied have a well known technical or trade
meaning shall be held to refer to such recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include all work that
may be required by the Engineer or Owner to be done by the Contractor to accomplish any change,
alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and
not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in
which weather or other conditions, not under the control of the Contractor, will permit construction of
the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00
p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable for use or oc-
cupancy or the facility is in condition to serve its intended purpose, but still may require minor miscel-
laneous work and adjustment.
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties, responsibilities and
limitations of authority of the Engineer as the Owner's representative during construction are as set
forth in the Contract Documents and shall not be extended or limited without written consent of the
Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc-
tions to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of
the executed work and to determine if such work generally meets the essential performance and design
features and the technical and functional engineering requirements of the Contract Documents; provided
and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on -site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality,
procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer
shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac-
tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or
any other person, firm or corporation performing or attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data, determine the
amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such
approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional
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judgment that the work has progressed to the point indicated to the best of his knowledge, information
and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre-
sentation by Engineer that Engineer has made any examination to determine how or for what purpose
Contractor has used the moneys paid on account of the Contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims disputes and other matters in question between the
Contractor and the Owner relating to the execution or progress of the work or the interpretation of the
Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time,
which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci-
sion had been rendered against the party appealing.
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac-
cordance with the meaning and intent of this contract, either party may file with the Engineer within
thirty days his written objection to the decision, and by such action may reserve the right to submit the
question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative.
Whenever necessary, construction work shall be suspended to permit performance of this work, but such
suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation
therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and
grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case
of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at
the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of this contract
and shall keep on the work, during its progress, a competent English- speaking superintendent and any
necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor
in his absence and all directions given to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely responsible for the
manner and method of completing his work under this contract, with full power and authority to select
the means, method and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the Owner and Engineer being interested only in the result obtained
and conformity of such completed improvements to the plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other
persons, as well as for the protection of the safety of the improvements being erected and the property of
himself or any other person, as a result of his operations hereunder. Engineering construction drawings
and specifications as well as any additional information concerning the work to be performed passing
from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate
from the plans and specifications, the intent of such drawings, specifications and any other such instruc-
tions being to define with specificity the agreement of the parties as to the work the Contractor is to
perform. Contractor shall' be fully and completely liable, at his own expense, for design, construction,
installation and use, or non -use, of all items and methods incident to performance of the contract, and
for all loss, damage or injury incident thereto, either to person or property, including, without limitation,
the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during construction, or any clarification of
plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either
of them, whether through personal observation on the project site or by means of approval of shop draw-
- GC -5
ings for temporary construction or construction processes, or by other means or method, is agreed by
the Contractor to be for the purpose of observing the extent and nature of work completed or being per-
formed, as measured against the drawings and specifications constituting the contract, or for the
purpose of enabling Contractor to more fully understand the plans and specifications so that the com-
pleted construction work will conform thereto, and shall in no way relieve the Contractor from full and
complete responsibility for the proper performance of his work on the project, including but not limited
to the propriety of means and methods of the Contractor in performing said contract, and the adequacy
of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor
from plans and specifications that may have been in evidence during any such visitation or observation
by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall
in no way relieve Contractor from his responsibility to complete all work in accordance with said plans
and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the
nature and location of the work, the conformation of the ground, the character, quality and quantity of
the materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all other matters which can in
any way affect the work under this contract. No verbal agreement or conversation with any officer,
agent or employee of the Owner or Engineer either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.09 Character of Workmen
The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type
of work required under this contract, to do the work; and agrees that whenever the Engineer shall
inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or
disorderly, such man or men shall be discharged from the work and shall not again be employed on the
work without the Engineer's written consent. No illegal alien may be employed by any Contractor for
work on this project, and a penalty of 8500.00 per day will be assessed for each day and for each illegal
alien who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing men, or the erection of tents or other forms of protection, will be
permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as
shall be approved by the Engineer, and their use shall be strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work
or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set-
ting drawings and schedules required for the work of the various trades. and the Engineer shall pass
upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor-
rections required by the Engineer, file with him two corrected copies and furnish such other copies as
may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor
from responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi-
bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to
fully and completely review all shop drawings to ascertain their effect on his ability to perform the
required contract work in accordance with the plans and specifications and within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings,
GC -6 Re, 7.1.75
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or schedules to result in finished improvements in conformity with the plans and specifications, and
shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being
expressly understood and agreed that the Engineer does not assume any duty to pass upon the
propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela•
tion to the safety of either person or property during Contractor's performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the
Contractor of good material, and of his performing good work as herein described, and in full accordance
with the plans and specifications. No failure or omission of the Engineer to discover, object to or
condemn any defective work or material shall release the Contractor from the obligations to fully and
properly perform the contract, including without limitations, the obligation to at once tear out, remove
and properly replace the same at any time prior to final acceptance upon the discovery of said defective
work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect
and accept or reject any material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such
material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to
final acceptance, and if found not in accordance with the plans and /or specifications for said work, all
expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the
expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided
that, where inspection or approval is specifically required by the specifications prior to performance of
certain work, should the Contractor proceed with such work without requesting prior inspection or
approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the
Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in
conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of
written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and alterations as the Owner
may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or
any part thereof, either before or after the beginning of the construction, without affecting the validity
of this contract and the accompanying Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as
provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is
increased, and the work can fairly be classified under the specifications, such increase shall be paid for
according to the quantity actually done and at the unit price, if any, established for such work under
this contract, except as provided for unit price items under Section 5 "Measurement and Payment ";
otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall
make such changes or alterations as shall make useless any work already done or material already
furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor
so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara-
tion for the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of
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observing the work in progress and reporting back to the Engineer on the extent, nature, manner and
performance of the work so that the Engineer may more effectively perform his duties hereunder. Such
inspectors may also communicate between Engineer and Contrator their respective reports, opinions,
questions, answers and clarifications concerning the plans, specifications and work but shall be deemed
the agent of the Contractor for all purposes in communicating such matters.
Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu-
tion of the work and its conformity with the plans and specifications but shall never be, in whole or part,
responsible for, charged with, nor shall he assume, any authority or responsibility for the means,
methods or manner of completing the work or of the superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi-
neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con-
tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the
plans or specifications of this contract; apparent or express approval of the means, methods or manner
of Contractor's performance of work in progress or completed; or discovery or failure to discover or
object to defective work of materials shall release Contractor from his duty to complete all work in strict
accordance with the plans and specifications or estop the Owner or Engineer from requiring that all
work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep-
table work and the re-doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans
and specifications without expense to him, and the Contractor shall keep one copy of the same con-
stantly accessible on the work, with the latest revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other
work, and, with the exception of the signed contract sets, are to be returned to him on request, at the
completion of the work. All models are the property of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and designers. It is there-
fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and the practicability of the operations of the
completed project; provided the Contractor has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions and alterations thereto approved in
writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that
he has complied with the said requirements of the Contract Documents, approved modifications thereof
and all approved additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location on which the works herein contracted for
are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting
the work, or for the purpose of constructing or installing such collateral work as said Owner may desire.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the
completion of the work specifically excluded from this contract, in such manner as not to delay the
progress of the work, or damage said Contractor, except where such delays are specifically mentioned
elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility
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companies regulated by City franchises. but the City shall not be responsible for delays or other
damages to the Contractor which may result from their acts or omissions.
3.08 Discrepancies and Omissions
It is further agreed that it is the intent of this contract that all work must be done and all material must
be furnished in accordance with the generally accepted practice, and in the event of any discrepancies
between the separate contract documents, the priority of interpretation defined under " Contract Docu-
ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por-
tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate-
rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction,
and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for
such work, until the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis-
sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner
agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the
course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the
Contractor unreasonably delay the progress of the work being done by others on the job so as to cause
loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss.
3.09 Protection against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety bf employees and others
on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal
safety laws and building and construction codes. All machinery and equipment and other physical
hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of
the Associated General Contractors of America except where incompatible with Federal, State, or
Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways,
ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their
adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent
contractor.
3.10 Performance and Payment Bonds
Unless otherwise specific, it is further agreed by the Parties to the Contract that the Ctntractor
will execrate separate performance and payment bonds, eadi in the sum of ace hundred (1005) per it
of the total =tract price, in standard forms for this purpose, guaranteeing faithful perfourance
of the work and the fulfillment of any guarantee required, and further guaranteeing payrnmt to all
persais gslyirig 1alnr and materials or furnishing him any ecpipment in the execution of
the Contract. If the =tract price is less than $50,000.00, a letter of credit may be furnished
in lieu of a performance bad. It is agreed that the Contract shall not be in effect until such
performance band (s) or letter (s) of credit, and payment bond (s) are furnished and approved tq
the owner.
Lhless otherwise specified, the asst of the premium for the perfornenoe bond or letters of credit,
and payment bonds shall be inclu±d in the price bid by the Contractor for the work under this
Contract, and no extra psynant for sum bands or letters of credit will be made by the Cwner.
t.h ess otherwise approved in writirg by the Cxa,er the surety any u - nsrwritirg the bonds or
letter of credit shall be ante according to the latest list of cnnpsnies holding certificates
of authority from the Secretary of the Treasury of the United Staters and stall be lid
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to write such bonds or letters of credit in the State of Ipacas.
3.12 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to
be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of
the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of
the work, shall be sustained and borne by the Contractor at his own cost and expense.
3.11 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by any process of construction to
be undertaken under this Agreement, from any damage or injury by reason of said process of construc-
tion; and he shall be liable for any and all claims for such damage on account of his failure to fully
protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner
and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of the contract regardless of whether or not it is
caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of
any kind arising solely out of the existence or character of the work.
3.13 Protection against Claims of Sub - contractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims
growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power teals, and all supplies, including commis-
sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived. If the Contractor fails to do so; then the Owner may at the option
of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the
terms of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the Owner by either the Contractor or his Surety.
3.14 Protection against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letter patent or copyright by suitable legal agreement with the
patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy-
right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account
thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the product of a particular manufacturer or
manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner
harmless from any loss on account thereof. If the material or process specified or required by the Owner
is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such
information to the Owner.
3.15 Laws and Ordinances
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 and Engineer against any claim arising from the violation of any such laws, ordi-
nances, and regulations whether by the Contractor or his employees, except where such violations are
called for by the provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces-
sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor
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performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with-
out such notice to the Engineer, he shall bear all costs arising therefrom. 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.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet
said contract without the written consent of the Engineer, and that no part or feature of the work will be
sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the
subletting of any portion or feature of the work, or materials required in the performance of this con-
tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree-
ment.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec-
tive officers, agents and employees, from and against all damages, claims, losses, demands, suits, judg-
ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the
performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or
expense:
(1) Is attributable to bodily injury, sickness, disease or death to any person including Contractor's
employees and any Subcontractor's employees and any Sub - Subcontractor's employees or to
injury to or destruction of tangible property including Contractor's property (other than the
work itself) and the property of any Subcontractor or Sub - Subcontractor including the loss of
use resulting therefrom; and,
(2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor,
any Sub-Subcontractor, anyone directly or indirectly employed by any one of them 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.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys.
Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys,
Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the
Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury
or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees by any
employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli-
gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Sub - Contractor or Sub -
Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit
acts.
3.18 Insurance
The Contractor shall carry inurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for
each occurrence including like coverage for acts and omissions of Subcontractors and
contractual liability coverage.
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C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like
coverage for acts and omissions of Subcontractors and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with minimum
limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and
Property Damage minfmum.limits of $50,000 for each occurrence. Contractor shall require sub-
contractors to provide Automobile Liability Insurance with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has obtained all re-
quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac-
tor shall not allow any Subcontractors to commence work until all insurance required has been obtained
and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the
liability of the Contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the time the
policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than
workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All in-
surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced,
restricted or limited until ten (10) days after the Owner has received written notice as evidenced by
return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the
proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca-
tion and the operations to which the insurance applies, the expiration date, and the above mentioned
notice of cancellation clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made, the Contractor
shall clean and remove from the site of the work, surplus and discarded materials, temporary structures
and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal
to that which originally existed. Surplus and waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as above
provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and
the reasonable cost thereof shall be deducted from the final payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in conformance with the
plans and specifications included in this contract for a period of one year from the date of acceptance of the
project. Said warranty binds the contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this contract which may be dis-
covered within the said one year period. The Contractor shall at his own expense correct such defect within
thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to
the condition called for in the contract documents and plans and specifications. Should the Contractor fail
or refuse to repair such defect within the said thirty day period or to provide acceptable assurances that
such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to
be repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by
the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be
at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The
Engineer may require additional testing for failing tests and may require two passing retests before ac-
ceptance will be made by the Owner. The testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these specifications. For
manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis-
cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer-
tificate stating that the material meets the requirements specified for this project. -
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4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence,
and in such manner as shall be most conducive to economy of construction; provided, however, that the
order and the time of prosecution shall be such that the work shall be substantially completed as a whole
and in part, in accordance with this contract, the plans and specifications, and within the time of com-
pletion designated in the Proposal; provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Engineer may direct the time and manner of constructing the
work done under this contract, so that conflict will be avoided and the construction of the various works
being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules
which shall show the order in which the Contractor proposes to carry on the work, with dates at which
the Contractor will start the several parts of the work, and estimated dates of completion of the several
parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or
Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes
ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid-
able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide
justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com-
pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however,
that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
Adver e Mbar n Ds will not be justification= for extension of time cn "calendar Lays" crntracts.
4.03 Hindrances s and d Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays from any
cause (except where the work is stopped by order of and for the convenience of the Owner) during the
progress of any portion of the work embraced in this contract. In case said work shall be stopped by the
act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of
said work shall be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured and /or com-
puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe-
cifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly all work to
be done and material to be furnished hereunder. Where the estimated quantities are shown for the
various classes of work to be done and material to be furnished under this contract, they are approxi-
mate and are to be used only as a basis for estirnating the probable cost of the work and for comparing
the proposals offered for the work. It is understood and agreed that the actual amount of work to be
done and material to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method, payment shall be for the
actual amount of such work done and the material furnished.
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Where payment is based on the unit price method, the Contractor agrees that he will make no claim for
damages, anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the estimated
quantities contemplated and contained in the proposal; provided, however, that in case the actual quan-
tity of any major item should become as much as 20% more than, or 20% less than the estimated or con-
templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled
to a revised consideration upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a
total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of
the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by the terms
of this Agreement, as provided under "Extra Work."
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the completion
of all work by the Contractor, and on the completion of all work and on the delivery of all material em-
braced in this Contract in full conformity with the specifications and stipulations herein contained, the
Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been
made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by him, and for well
and truly performing the same and the whole thereof in the manner and according to this Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing
the total value of the work performed up to and including the 25th day of the preceding month. The state-
ment shall also include the value of all sound materials delivered on the job site and to be included in the
work all partially completed work whether bid es a lump sum or a unit item which in the opinion of the
Engineer is acceptable. The Engineer shall examine and approve or modify anr approve such statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month the total
amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be
retained until final payment, and further less all previous payments and all further sums that may be
retained by the Owner under the terms of this Agreement. It is understood, however, that in case the
whole work be near to completion and some unexpected and unusual delay occurs due to no fault or
neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer—
pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at
the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract subject only to the condi-
tions stated under "Final Payment."
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially completed por-
tions of the work, notwithstanding the time for completing the entire work or such portions may not
have expired but such taking possession and use shall not be deemed an acceptance of any work not
completed in accordance with the Contract Documents. If such prior use increases the cost of or delays
the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as
the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan-
tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in
writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished
work and will add thereto such items as the Contractor has failed to include. The "substantial comple-
tion" of the structure or facility shall not excuse the Contractor from performing all of the work under-
taken, whether of a minor or major nature, and thereby completing the structure or facility in accor-
dance with the Contract Documents.
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5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the work has been
completed, or substantially completed, the Engineer and the Owner shall inspect the work and within
said time, if the work be found to be completed in accordance with the Contract Documents, the Engi-
neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be
the duty of the Owner to issue a Certificate of Acceptance of the work to the Con-
tractor or to advise the Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure-
ments arid prepare final statement for the value of all work performed and materials furnished under the
terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or
before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance
due the Contractor under the terms of this contract; and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill-
ment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part
of any certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied or other obligations hereunder not done.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the Contractor to make payments properly to subcontractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount.
(f) Reasonable indication that the work will not be completed within the contract time
When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the
Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state-
ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as
due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date
due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate
any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the
Owner in making payment to the Contractor of the sum named in any partial or final statement shall not
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to
any extent or for any time relieve the Contractor of his obligations to fully and completely perform here-
under.
6. Extra Work and Claims
6.01 Change Orders
Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions,
deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by
the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis
for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract
time which may result from the change.
Iler. 7.1.75
GC -15
In the event the Contractor shall refuse to execute a Change Order which has been prepared by the
Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed
with the work as set forth in the Change Order and the Contractor may make claim against' the Owner
for Extra Work involved therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the
Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any
minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in-
crease in the Contract Price, the Contractor shall make written request to the Engineer for a written
Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall
advise the Owner of his request to the Engineer for a written Field Order and that work involved may
result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work
covered by the proposed change.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or deleted by a
Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon
which this contract was bid to the extent such work can be fairly classified within the various work item
descriptions and for work items that cannot be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced,
then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor
of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks,
rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus
actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta-
tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating
expenses, also all necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of
premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may be required by any law or
ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail-
able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences,
the method of doing the work and the type and kind of machinery and equipment to be used; otherwise
these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the
use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of
the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of
America. Where practicable the terms and prices for the use of machinery and equipment shall be incor-
porated in the Written Extra Work Order. The fifteen (15 %) per cent of the "actual field cost" to be paid
the Contractor shall cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced within the "actual field
cost" as herein defined, save that where the Contractor's Camp or Field Office must be maintained pri-
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warily on account of such Extra Work; then the cost to maintain and operate the same shall be included
in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case
any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for
which he should receive compensation or an adjustment in the construction time, he shall make written
request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion
arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance. the Contractor shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro-
vided under Method (Cl. The Contractor will thereby preserve the right to submit the matter of
payment to arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has
given any directions, order or instruction to which the Contractor desires to take exception. The
Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand
for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance
of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to
any claims by either party, except claims by Owner for defective work or enforcement of warranties and
except as noted otherwise in the contract documents.
6.05 Arbitration
All questions of dispute under this Agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named
in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to
select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which
the major portion of the project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse,
and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose
an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or
neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are
empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract. The decision of the arbiters upon any questions submitted to arbitration under this contract
shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be
filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is
sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and
if the appeal was taken without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and
shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters
must be made in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ-
ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of
GC -17
the Engineer, when such orders are consistent with the Contract Documents, then, and in that case,
where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment the Contractor shall not remove from the work any machin-
ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under contract for the work, may be held for use on the work by the Owner or the Surety
on the performance bond, or another contractor in completion of the work: and the Contractor shall not
receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall
be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in
the final settlement.
Where there is no performance bond provided or in case the Surety should fail to commence compliance
with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice,
then the Owner may provide for completion of the work in either of the following elective manners:
(1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools,
materials and supplies as said Owner may deem necessary to complete the work and charge
the expense of such labor, machinery, equipment, tools, materials and supplies to said Con-
tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys
as may be due, or that may thereafter at any time become due to the Contractor under and
by virtue of this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the Contractor, then
said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the
Owner, or
(2) The Owner under competitive bids, taken after notice published as required by law, may let the
contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case there is any increase in cost to the Owner under
the new contract as compared to what would have been the cost under this contract, such
increase shall be charged to the Contractor and the Surety shall be and remain bound there-
for. However, should the cost to complete any such contract prove to be less than would
have been the cost to complete under this contract, the Contractor and /or his Surety shall
be credited therewith.
When the work shall have been substantially completed the Contractor and his Surety shall be so noti-
fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be
issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being
correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con -
tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by
said statement, within fifteen (15) days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms
of this contract: or when the Contractor and /or his Surety shall pay the balance shown to be due by
them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the
work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work
exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this
contract, provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment,
tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor
and his Surety. Such sale may be made at either public or private sale, with or without notice, as the
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Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which
remain on the work, and belong to persons other than the Contractor or his Surety, to their proper
owners. The books on all operations provided herein shall be opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment,
and all materials on the site of work that have not been included in payments to the Contractor and
have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all work actually completed
by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount of all Extra Work performed
at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to completion and which
cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be
retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall
pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor
the balance shown by said final statement as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep-
tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the
principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the
Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such
list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub-
contractor on the list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization (including those
who are to furnish materials or equipment fabricated to a special design) proposed for portions of the
work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig-
nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by
the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or
person or organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub -
mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions
to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be
increased or decreased by the difference in cost occasioned by such substitution and an appropriate
change order shall be issued; however, no increase in the Contract amount shall be allowed for any such
substitution unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization
previously accepted by them, the Contract amount shall be increased or decreased by the difference in
cost occasioned by such change and an appropriate Change Order shall be issued.
' The Contractor shall not make any substitution for any Subcontractor or person or organization who
has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner
and the Engineer.
•
`GC -19
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate' written
agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac-
tors and Sub - subcontractors) which shall contain provisions that:
(I) preserve and protect the rights of the Owner and Engineer under the Contract with respect to
the work to be performed under the subcontract so that the subcontracting thereof will not
prejudice such rights;
(2) require that such work be performed in accordance with the requirements of the Contract Docu-
ments;
(3) require submission to the Contractor of the applications for payment under each subcontract
'to which the Contractor is a party, in reasonable time to enable the Contractor to apply for
payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for delays or otherwise
with respect to subcontracted portions of the work shall be submitted to the Contractor (via
any Subcontractor or Sub - subcontractor where appropriate) in sufficient time so that the
Contractor may comply in the manner provided in the Contract Documents for like claims
by the Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer before the
Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount
directly based upon the value of the work performed and allowed to the Contractor on account of such
Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor
shall also require each Subcontractor to make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the
fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any
time after the Certificate for Payment should otherwise have been issued, for his work to the extent com-
pleted, less the retained percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if practicable,
information regarding percentages of completion certified to the Contractor on account of work done by
such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any
moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the project
under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, The Contractor" in the
contract documents in each case shall be the contractor who signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of
their materials and equipment and the execution of their work, and shall properly connect and coor-
dinate his work with theirs.
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If any part of the Contractor's work depends for proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent
discrepancies or defects in such work that render it unsuitable for such proper execution and results.
Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the project,
the Contractor shall. upon due notice, settle with such other contractor by agreement or arbitration, if
be will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on
account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who
shall defend such proceedings at the Contractor's expense, and if any judgment or award against the
Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all
attorney's fees and court or arbitration costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be required to com-
plete his work except as otherwise specifically provided in the Contract Documents. The Contractor
shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any
work and shall not cut or alter the work of any other contractor except with the written consent of the
Engineer.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work.
10.02 Safety of Persons and Property
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
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, pave -
ments, fences, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
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, injury or loss. He shall erect and maintain, as required by existing conditions and progress of
the work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the
execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities
under the supervision of properly qualified personnel.
Rev. 74-75
` GC -21
All Blasting, including methods of storing and handling explosives and highly inflammable materials,
shall conform to Federal, State, Local Laws and Ordinances. All City 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.
The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances.
1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the
amount of $300,000.00 for each contract, at least twenty -four hours prior to using explosives.
A blasting permit must be obtained from the City at least five (5) days prior to use of explo-
sives. 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 Department 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 ap-
proval of other materials is obtained in writing from the Engineering Department.
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 City Inspector, the permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38. 11201, of the
City Code.
6. The Director of Engineering orhis 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.
7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as
a result of blasting. All claims of damage shall be investigated by the City or by Consulting
Firms approved by the City.
8. 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 re-
sponsible for all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by the Contrac-
tor, 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.
The contractor shall designate a responsible member of his organization at the site whose duty shall be
the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig-
nated in writing by the Contractor to the Owner and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the
location and protection of any and all public utility lines and utility customer service lines in the work
area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such
lines in the construction zone and any of the Contractor's work or storage areas. Upon request, the
Owner shall provide such information as it has about the location and grade of water, sewer, gas, and
telephone and electric lines and other utilities in the work area but such information shall not relieve or
be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and
nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by
the Contractor or he shall cause such damage to be repaired at his expense.
GC -22
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5.0 SPECIAL CONDITIONS
SECTION 01 -fl48 R ATION
01 -01 ENGINEER
The word "Engineer" in these Specifications shall be
understood as referring to the City of Round Rock, 221
East Main Street, Round Rock, Texas 78664. Engineer of the
Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5)
counterpart (original signed) sets. Owner will furnish
Contractor two (2) sets of conforming Contract Documents,
Technical Specifications and Plans free of charge, and
additional sets will be obtained from the Engineer at
commercial reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and
Specifications shall be governed by any existing Resolutions,
Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this
Contract and that the definite value of damages which would
result from delay would be incapable of ascertainment and
uncertain, so that for each day of delay beyond the number of
days herein agreed upon for the completion of the work herein
specified and contracted for, after due allowance for such
extension of time as is provided for under the provisions of
Section 4.02 of the General Conditions, the Owner may withold
permanently from the Contractor's total compensation, not as
penalty but as liquidated damages, the sum of $50.00 per
calendar day.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to
Contractors and as indicated on Plans.
specialc /2
SC -1
01 -06 USAGE OF WATER
All water used during construction shall be by the
City. The City shall specify the location from which the
Contractor is to procure water. The Contractor shall be
responsible for providing all apparatus necessary for
procuring, storing, transporting and using water during
construction. The Contractor shall strive to use that amount
of water which is reasonable to perform the work associated
with this contract and shall endeavor to avoid excessive
waste. The Contractor will be required to pay for all water
used if it is found that unnecessary or excesive waste is
occurring during construction.
01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the
Engineer on or before the time specified in Section 5.04 of
the general Conditions, then the pay estimate will not be
processed and will be returned to Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract,it
shall be the Contractor's responsibility to make arrangements
with the Owners of such utility companies to uncover their
particular utility lines or otherwise confirm their location.
( rtain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor
will cause such work to be done at his own expense.
02 -02 UTILITY SERVICFS FOR CONSTRUCTION
The Contractor will be responsible for providing his own
utility services while performing the work associated with
this contract. No additional payment will be made for this
item.
02 -03 GUARANTEES
Guarantee work, including equipment installed, shall be free
from defects due to faulty workmanship for a period of one
(1) year from the date of final acceptance by the Owner.
Materials furnished shall be free from defects for a period
of one (1) year or the period provided by the manufacturer,
whichever is longer, from the date of final acceptance by the
Owner. Upon notice from Owner, the Contractor shall
repair defects in all construction or materials which develop
during specified period and at no cost to Owner. Neither
final acceptance, Certificate of Completion, final payment
SC -2
specialc /2
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nor any provision in Contract Documents relieves Contractor
of above guarantee. Notice of observed defects will be given
with reasonable promptness. Failure to repair or replace
defect upon notice entitles Owner to repair or replace same
and recover reasonable cost thereof from Contractor.
02 -04 MINIMUM WAGE SCALE
Minimum wage scale as specified and regulated by the State of
Texas and the Federal Government.
02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources
committed to this Project; therefore, it shall be understood
by all bidders that the Owner may be required to change
and /or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit
of financial resources. Contractor shall be entitled to no
claim for damages for anticipated profits on any portion of
work that may be omitted. At any time during the duration of
this contract, the Owner reserves the right to omit any work
from this contract. Unit prices for all items previously
approved in this contract shall be used to delete or add work
per change order.
02 -06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review
the quality of materials and workmanship.
02 -07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all
work included in this contract, so authorized by the Owner,
as described in the contract documents and technical
specifications. All items of work not specifically paid for
in the bid schedule shall be included in the unit price bids.
Any question arising as to the limits of work shall be left
up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be
made for work completed in accordance with monthly estimate
procedure stipulated in the General Conditions of the
Agreement.
SC -3
02 -09 "AS- GUILTS" DRAWINGS
The Contractor shall mark all changes and revisions on all of
his copies of the working drawings during the course of the
Project as they occur. Upon completion of the Project and
prior to final acceptance and payment, the Contractor shall
submit to the Engineer one set of his working drawings, dated
and signed by himself and his project. superintendent and
labled as "As- Builts", that shows all changes and revisions
outlined above - and that shows -field locations of all above
ground appurtenances including but not limited to valves, fire
- hydrants and manholes. These as -built drawings shall become
the property of the Owner Each appurtenance shall be
located by at least two (2) horizontal distances measured
from existing, easily identifiahle, immovable appurtenances
such as fire hydrants or valves. Property pins can be used for
as- bnilts tie -ins provided no existing utilities as previously
described are available. Costs for delivering as -built drawings
shall be subsidiary to other bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which
work is to be done, right-of -way for access to same and such
other lands which are designated for use of Contractor.
Contractor provides, at his expense and without liability of
Owner, any additional land and access thereto that may be
required for his construction operations, temporary
construction facilities, or for storage of materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
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Whenever existing utilities, not indicated on Plans, present
obstructions to grade and alignment of proposed
improvements immediately notify engineer, who without delay,
will determine if existing utilities are to be relocated, or
grade and alignment of proposed improvements changed.
Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the Contractor
will make arrangements with the owner of the utility to be
moved and have it moved. The costs of any utility relocations
will be at the Contractor's sole expense. Owner will not be
liable for relocations costs or damages on account of delays
due to changes made by owners of privately owned utilities
which hinder progress of the work.
SC -4
02 -12 CONSTRUCTION STAKING
All construction staking required to complete the work
associated with this contract shall be provided by the
Contractor. The Contractor shall be responsible for
determining the layout and extent of staking necessary to
construct the improvements to the lines and grades shown in
the plans.
The Contractor shall notify the Engineer not less than
twenty-four (24) hours prior to commencement of construction
staking. Locations of various proposed improvements shall be
subject to the approval cf the Engineer.
No separate pay shall be made for Construction staking.
Protection of Stakes, Marks, Etc.
All marks, property corners, etc, shall be carefully preserved
by the Contractor, and in race of destruction or removal
during the course of this prokect, such stakes, marks,
property corners, etc., shall be re-staked by the Contractor
at the Contractor's sole expense without additional
compensation by the Owner.
The Contractor shall furnish to the Owner, AT THE
CONTRACTOR'S EXPENSE, written certification that ALL
property pins are in place prior to his moving off the job
site. Such certification will be expected of each Contractor
involved with the project.
SECTION 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles
at all times. When it becomes necessary to restrict access,
the Contractor shall notify all applicable agencies (ie. Fire
Department, E.M.S., Public Works, etc.,). At the end of each
day two lanes of traffic. shall be opened to the public. The
contractor shall be responsible for all maintenance, signing
and safety precautions necessary for traffic control. This
item shall be considered subsidiary and no additional
compensation shall be given for complying with this special
Condition.
SECTION 04- MAINTENANCE BOND
Per City of Round Rock Ordinance, a two (2) year
Maintenance Bond naming the City of Round rock as obligee
will be required for public streets constucted without lime
stabilization of subgrade material when the Plasticity Index
of the subgrade is above 24. Maintenance Bond shall remain
(twotwelv/4) SC -5
(twotwely /4)
in effect for two (2) years from date of City of Round Rock
acceptance of improvements.
A one (1) year Maintenance Bond in the amount of ten
(10 %) percent of the price, as adjusted by
any chance orders, will be required for _ all other
improvements and shall be submitted prior to final payment.
Such bond shall be from an approved surety company holding
a permit from the State of Texas to act as surety (and
acceptable according to the latest list of companies holding
certificates of authority from the Security of the Treasury of
the United States) or other surety or sureties acceptable to
the Owner prior to final payment.
(Special conditions continued on next page)
SC-6
SECTION 5INSURANCE
Section 3.18 of the General Conditions of the Agreement is hereby
amended to include the following:
3.18 Insurance
Contractor shall carry insurance in the fallowing types and amounts
for the duration of this contract„ which shall include items owned by
Owner in care, custody and control of Contractor prior and during
construction and warranty period, and furnish Certificates of Insurance
along with copies of policy declaration pages and all policy endorsements
as evidence thereof:
section5 /4
a. Statutory Workers' Compensation and minimum $100,000
Employers Liability Insurance.
b. Commercial General T iahility Insurance with minimum limits
of $500,000 per occurrence and $1,000,000 Aggregate or
$500,000 for this designated project and $100,000 Fire
Damage.
c. Automobile Liability Insurance for all owned, nonowned and
hired vehicles with minimum limits for Bodily Injury of
$250,000 for each person and $500,000 for each occurrence
and Property Damage limits of $100,000 or a Combined
Single Limit of $600,000.
d. On all new or remodeling building projects; All Risk Builders
Risk Insurance for insurable building projects shall be insured
in the amount of the contract price tor such improvements.
Owner and Contractor waive all rights against each other for
damages caused by fire or other perils to the extent covered
by Builders Risk Insurance required under this section, except
as to such rights as they may have in the proceeds of such
insurance. Contractors shall require similar waivers by
Subcontractors and Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor
shall provide and maintain during the life of this contract and
until all work under id Contract has been completed and
accepted by the Owner, and Owner's a Contractor's
Protective Policy which co-insures the Owner and the
Owner's agents and employees with the same Commercial
General Liability coverage as described above, entitled
"Commercial General T iahility Insurance ".
When offsite storage is permitted, policy will be endorsed for
transit and off site storage in amounts sufficient to protect
property being transported or stored.
S C -7
section5 /4
This insurance shall include, as insured, City of Round Rock,
Contractor, Subcontractors and Sub-subcontractors in the work, as
their respective interest may appear.
If insurance policies are not written for amount specified in b. and
c. above, Contractor is required to carry an Excess T•iahility
Insurance Policy for any difference in amounts specified.
Contractor shall be responsible for deductibles and Gaff insured
retentions, if any, stated in policies. Any self insured retention
shall not exceed ten percent of minimum required limits. All
destibles or self insured retentions shall be disclosed on Certificate
of Insurance required above.
Contractor shag not commence work at site under this Contract
until he has obtained required insurance and until such insurance
has been reviewed by Owner's Contract Administration Office.
Contractor shall not allow any Subcontractors to commence work
until insurance required has been obtained and approved. Approval
of insurance by Owner shall not relieve or decrease liability of
Contractor hereunder.
Insurance to be written by a company licensed to do business in the
State of Texas at the time policy is issuea and acceptable to
owner.
Contractor shall produce an endorsement to each affected policy;
1. Naming City of Round Rock, 221 East Main Street, Round
Rock, Texas 78664 as additional insured (except Worker's
Compensation and Builders Risk).
2. That obligates the insurance company to notify Joanne Land,
Land, City Secretary, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664 of any and all changes to
policy 30 days prior to change.
3. That the "other" insurance clause shall not apply to Owner
where City of Round Rock is an additional insured shown on
policy. It is intended that policies required in this agreement,
covering both Owner and Contractor, shall be considered
primary coverage as applicable.
Contractor shall not cause any insurance to be cancelled nor permit
any insurance to lapse during term of this contract or as required
in the Contract.
S C -8
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If Contractor is underwritten on a claim -made hasia, the
retroactive date shall be prior to, or coincident with, the date of
this Contract and the Certificate of Insurance shall state that
coverage is claims made and also the retroactive date. Contractor
shall maintain coverage for duration of this Contract and for two
years following completion of this Contract.
Contractor shall provide the City annually a Certificate of
Insurance as evidence of such insurance. It is further agreed that
Contractor shall provide Owner a 30 day notice of aggregate
erosion, in advance of the retroactive date, cancellation and/or
renewaL
It is also agreed that Contractor will invoke the ta;l option at
request of Owner and the Extended Reporting Period CERP)
premium shall be paid by Contractor.
Owner reserves the right to review insurance requirements of this
section during affective period of the Contract and to make
reasonahlP adjustments to insurance coverage and their limits when
deemed necessary and prudent by Owner based upon changes in
statutory law, court decisions or the claims history of the industry
as well as Contractor.
Owner shall be entitled, upon request, and without expense, to
receive copies of policies and all endorsements thereto and may
make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations or
exclusions, except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the
underwriter on any of such policies.
Actual losses not covered by insurance as required by this section
shall be paid by Contractor.
SC -9
6.0 TECHNICAL SPECIFICATIONS
ITEM 1
1.01
GENERAL DESCRIPTION
SCOPE OF WORK
The work covered by the Specifications consists of
furnishing all labor, equipment, appliances, materials and
performing all operations in connection with the installation
of wastewater improvements complete in accordance with the
Plans, and subject to the terms and conditions of the
Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parentheses
adjacent to captions is a reference to City of Austin
Standard Specifications.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as
adopted and amended by the City of Round Rock and the
current City of Austin Erosion and Sedimentation Control
Manual, are incorporated into this project and they shall be
applied to this project except as modified in these
Specifications and on the Plans.
Wherever the term "City of Austin" is used in the Austin
Specifications, it shall be construed to mean City of Round
Rock.
Wherever the term "Engineer" is used in the Austin
Specifications, it shall be construed to mean the City of
Round Rock, Texas.
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free
and clean from all rubbish and debris and shall clean-up the
site promptly when notified to do so by the Engineer.
The Contractor shall, at his own expense, maintain the
streets and roads free from dust, mud, excess earth or debris
which constitutes a nuisance or danger to the puhlir using
the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads
over which hauling is done, and any such spillage or debris
deposited on streets, due to the Contractor's operations, shall
be immediately removed.
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2.01.2 HACKWORK
The Contractor shalt coordinate his operations in such a
manner as to prevent the amount of cleanup and completion
of back works from becoming excessive. Should such a
condition exist, he Engineer may order all or portions of the
work to cease and refuse to allow any work to commence
until the back work is done to the Engineer's satisfaction.
2.02 GRADING
The contractor shall do such grading in and adjacent to the
construction area associated with this contract as may be
necessary to leave such areas in a neat and sati factory
conditon approved by the Engineer.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
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The work covered under this Contract shall be examined and
reviewed by the Engineer, representatives of all governmental
entities which have jurisdiction, and the Owner's authorized
representative. The q»ality of material and the quality of
installation of the improvements shall be to the satisfaction
of the Engineer. It shall be the Contractor's responsibility for
the construction methods and safety precautions in the
undertaking of this Contract.
3.02 NO'111•1CATION
The Engineer and Owner must be notified a minimum of
24 -hours in advance of beginning construction, testing or
requiring prrcnce of the Engineer, project representative, or
Owner's representative.
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the
Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve
all existing trees, plants and shrubs but where it is justifiable
and necessary the Contractor may remove trees and plants
for construction right -of -way but only with approval of the
Engineer.
TS-2
4.03 BARRICADES
Barricades shall be installed, in locations deemed necessary
by the Engineer, for the protection of life and property.
Under no circumstances will any existing road be permitted to
remain closed over a weekend. No separate pay will be made
for this item.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection,
reference and resetting of property corner monuments if
disturbed.
4.05 DISPOSAL OF SURPLUS MATERIALS
The Contractor sha31 at his own expense, make arrangements
for the disposal of surplus material, such as rock, trees, brush
and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional
space as necessary for his operation and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the
Engineer. Where materials or equipment are specififed by a
trade or brand name, it is not the intention of the owner to
discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality
for performance and to establish an equal basis for the
evaluation of bids Where the words "equivalent ", "proper" or
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Except as specified otherwise, wherever in the
specifications an article or class of matera1 is designated by
a trade name or by the name or catalog number of any make,
patentee, manufacturer, or deler, such designations shall be
taken as intending to mean and specify the articles described
or another equal thereto in quality, finish, and servicPahility
for the purpose intended, as may be determined and judged by
the Engineer in his co discretion.
TS-3
ITEM 6
"equal to" are used, they shall be understocd to mean that
the item referred to shall be "proper", the "equivalant' of,
or "equal to" some other item, in the opinion or judgement of
the Engineer. Unless otherwise specified, all materials shall
be the best of their respective kinds and shall be in all cases
fully equal to approved samples. Notwithstanding that the
words "or equal to" or other such expressions may be used in
the specifications in connection with a material,,
manufactured article or process, the material, article or
process specifically designated shall be used, unless a
substitute is approved in writing by the Engineer, and the
Engineer will have the right to require the use of such
specifically designated material, article or process.
RESTORATION, REVEGETATION, AND EROSION CONTROL
MEASURES (Series 600)
This item shall govern the furnishing, placing maintaining and
removal of all erosion control measures, site work,
restoration work, grading, shaping and seeding for all
disturbed areas and in accordance with the Plans. All
temporary erosion control measures including hay hales, rock
berms, fabric fence and brush piles shall be erected at the
locations as required, maintained until final acceptance, and
removed by the Contractor after final acceptance of the
project. The restoration of distrubed area and spoil sites shall
include spreading of top sni1, shaping, hydromulching or
seeding in accordance with Plans. Maintenance of the
temporary erosion control measures shall be the Contractors
responsibility until final acceptance. Existing temporary
erosion control measures installed by others, but disturbed by
the Contractor, will be repaired or replaced at the
Contractor's sole expense.
This item will not be measured and paid for separately. Costs
for this item shall be included in unit price bid for
"wastewater Septic System ".
ITEM 7 CONCRETE STRUCTURE AND MISCELLANEOUS CONCRETE
(Series 400)
This item shall govern furnishing, forming, placing, curing and
finishing of concrete including all necessary structural
excavation for the placement of structures or foundation
courses.
This item will not be measured and pain for separately. Costs
for this item shall be included in unit price bid for
"Wastewater Septic System ".
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ITEM 8 WATEWATER SEPTIC SYSTEM
8.01 SCOPE
This item shall consist of providing all labor, mat=rialc, troll,
equipment and related items to furnish and install a complete
and operational wast septic system in accordance with
the Pans and Specification.
8.02 MATERIALS
8.02.1 PIPE Qtem 510)
Septic system piping and fittings shall be PVC (non-coiled)
schedule 40 (ASTM D 1785). When called for, steel pip= shall
be standard weight schedule 40 (ASTM A 53) and steel
fillings shall be extra strong Federal Specification W W -N 351
or W W -P 521. All steel pipe used shall be galvanized coated.
8.02.2 PRECAST CONCRETE TANKS AND VAULTS (ITEM 410)
All precast tanks and vaults shall conform to the
requirements of the Texas Department of Health.
All tanks, vaults and utility boxes shall be pre -cast
reinforced concrete. In addition to loads due to installation
(setting) and underground burial, pre-cast tanks, vaults and
utility boxes shall be designed to carry a top dead load of
120 psf plus the dead load associated with the concrete
structure it el f. In no oRce shall the total dead load be less
than 200 psf. Prior to construction, the Contractor shall
submit to the Engineer, certified engineering data (shop
drawings) that the concrete structures he intends to use meet
or exceed the criteria listed above. Such data shall include a
design for cleanouts, manholes or access openings where
applicahle. Cleanouts manholes and access openings shall
themselves be capable of sustaining the loadings listed above.
Submitted data shall take into consideration any reductions in
carrying capacity of concrete tops for vaults or tanks due to
the presence of openings for cleanouts, manholes or access.
Manhole risers shall be concrete unless otherwise approved by
the Engineer. Manholes shall be sized large enough to
facilitate maintenance and removal of pumps, valves,
appurtenances etc. Manholes and cleanouts shall be designed
to prevent infiltration of stormwater.
Tank volumes shall be as shown in the Plans. However, tank
dimensions shown in the plans may vary but only upon
approval from the Engineer. No extra pay will be made for
any increase in excavation or interconnecting piping due to
alterations of tank dimensions.
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8.02.3 PUMPS AND CONTROLS
pvtecil/6
Utility box and vault dimensions as shown in the plans may
vary but only upon approval from the Engineer.
All tanks, vaults and utility boxes shall be provided with
some means, such as lifting hooks, to facilitate installation
and removaL Such means shall be subject to the approval of
the Engineer and shall be corrosion resistant.
The Contractor shall furnish and install two (2) submersible
Pfflnant pumps. Each pump shall be capable of pumping 102
gpm at TDH of 28.8 feet. Each pump shall be operated by a
one (1) horsepower, 3 - phase, 230 volt motor. Each pump
shall be provided with seal failure sensor capability wired to
a seal failure indicator light.
The Contractor shall furnish and install both a pump control
panel and a separate alarm panel. The contractor shall also
furnish and install all hardware and apparatus necessary tor
properly mounting and anchoring the panels. Such
hardware and apparatus shall be corrosion resistant.
The pump control panel shall be an automatic duplex control
center in a NEM A 4X Thermoplastic enclosure. Control design
shall allow for manual or automatic operation of the pumps.
The enclosure shall be capable of being pad-locked. The
control panel shall contain an alternator and a lapse time
meter for each pump.
The alarm panel shall consist of 2 NEMA 3R enclosure with
light and horn. The alarms shall be capable of monitoring high
water level, pump failure and pump seal failure The panel
shall be provided with alarm test and horn silencing push
buttons. The enclosure shall be capable of being pad - locked.
The alarm system shall operate on a separate electrical
circuit from the pumps.
All panel and pump surfaces that are machined steel, finished
steel or cast iron shall be painted in accordance with the
manufacturer's recommendation. All such surfaces shall also
be coated with a rust preventative compound.
The Contractor shall furnish all pump data and descriptions
as deemed necessary by the Engineer.
The Contractor shall furnish and install four (4) float
switches for liquid level contraL One for turn off, one for
turn on of one pump, one for turn on of two pumps, and one
for high water alarm. A support bracket shall be provided to
hold the switches at the required heights and to prevent
tangling of the power cords.
TG 6
8.03.2 PIPE
The following manufacturers are to be considered acceptable.
Equivalent equipment may be supplied and installed but only
with the approval of the Engineer.
Pumps;
1. Hydromatic, Model SPD 100H
Control Panel:
1. Hydromatic, "Q" Control Panel
Alarm Panels
1. Hydromatic
Float Switch Level Control:
1. Hydromatic, Model 3900
The Contractor shall furnish to the Owner two (2) sets of
manufacturer's operation and maintenance manuals for the
pumps, control panel, alarm panel and level control switches
to be installed.
8.03 INSTALLATION AND CONSTRUCTION
8.03.1 TANKS AND VAULTS
The Contractor shall install all tanks and vaults in
accordance with the plans and in accordance with the
respective manufacturer's recommedation with respect, but
not limited, to the following items: Site preparation, hula
size and configuration, access route for delivery, access
necessary for setting the tank or vault, and filling tanks with
water. All steel or Cast iron surfaces that will be susceptible
to corrosion shall be coated (1/8 ") with coal tar epoxy or
other anti - corrosion material approved by the Engineer.
All pressure and non - pressure pipe shall be prepared, installed
and connected in accordance with the plans, standard
pacification and manufacturer's recommendations. No pipe
shall be backfilled until it has been observed and found
acceptable by the Engineer or his designated representative.
8.03.3 ABSORPTION P1ELD
No absorption field construction shall begin until the °nil at
the field site is sufficiently dry and suitable for construction.
Such determination shall be made by the Engineer. The
Contractor shall limit construction traffic in the absorption
pvtech TS-7
field area in order to preserve the suitablity of the site. No
heavy construction vehicles shall be allowed on the
absorption area. Only that traffic necessary for the
construction of the field shall be allowed. Lateral trenches
shall not be excavated in soil that is sufficiently wet to
cause easy smearing or compaction. All smeared or compacted
surfaces occurring during construction shall be raked to a
depth of one inch (1 ") and all loose material removed prior to
placing gravel or other media. All lateral trenches shall be
level and excavated to the elevations shown in the Plans. In
no case shall a lateral line be allowed to slope away from the
manifold line.
The manifold trench shall be excavated to a depth of six
inches (6 ") below the bottom of the lateral trenches. After
the manifold line has been placed and lateral mines connected,
the manifold trench shall be backfilled with tightly tamped
soil to prevent the trench from becoming a conduit tor
downslope flow of effluent from the lateral trenches. Tightly
tamped native clay soil free of rocks and rlorls shall be used
as backfill material for the mainfold trench and no gravel or
sand shall be used.
8.03.4 PUMPS AND CONTROLS
Each pump shall be set in the pump chamber and all piping
appropriately assembled Each pump shall be provided with
some lifting means, such as nylon rope or stainless steel
chain. One end of the lifting means shall be securely
attached to the pump handle and the other attached in a
location that will facilitate easy access and removal.
The contractor shall install both the control panel and the
alarm panel in accordance with the manufacturer's
recommendations. The panels shall be located in close
proximity to the pump chamber but not so as to hinder future
maintenance and operation. The method and means of
mounting, anchoring and attaching the panels shall be subject
to the approval of the Engineer. The Contractor shall provide
air-tight epoxy seals in and around the panels at all locations
that, in the opinion of the Engineer might allow infiltration
of corrosive gases.
The Contractor shall make all necesary electrical hook -ups
from the pumps to the panel and from the panels to the
power supply. Such electrical work to be in accordance with
the manufacturer's recommendations and all other applicable
codes, ordinances and specifications herein.
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8.04 TESTING
All testing shall be performed by the Contractor, in the
presence of the Engineer or his designated representative. All
testing equipment shall be provided by the Contractor.
All septic tanks and pump chambers shall be tested by first
filling with water. Then, after allowing the concrete to
absorb water for twenty-four (24) hours, the tank or
chamber shall be refilled and the amount of water lost over
the subsequent twenty-four (24) hour period shall be
determined. A water less of more than one percent (1 %) of
the tank or chamber volume shall be deemed unacceptable.
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The system shall be tested for proper operation by the
following:
1. with the plpctri al power off, the pump chamber shall be
filled with water up to the level of the high water alarm.
2. The turn -up cap at the end of one of the highest system
laterals shall be removed and a suitable length of properly
threaded 1 -1/4" PVC pipe shall be attached to monitor the
pressure head.
3. The electrical power shall be turned on and the alarm
checked for proper operation.
4. Each pump shall be operated and the lateral pressure head
checked for compliance with the design pressure head. The
pump operated last shall be run until turned off by the lowest
float control.
5. All laterals shall be checked for proper pressure head.
8.05 MEASUREMENT AND PAYMENT
This item will be measured at the limits specified per lump
sum. The work performed as prescribed by this item will be
paid for at the unit price bid per lump sum for "wastewater
Septic System" which price shall be full compensation tor the
work specified, including the furnishing of all materials,
tanks, vaults, utility boxes, piping, fittings, valves, pumps,
controls, hook -ups, appurtenances, equipment, tools, final
grading, erosion controls, and all labor and incidentals
necessary to complete the work.
TS-9
TPEM 9 SUBMITTALS
Submittals with respect to materials and installations are
required for the fallowing items: Tanks, vaults, utility boxes,
pumps, control panel, alarm panel, level control switches as
well as all pertinent and associated appurtenances, hardware
and incidentals.
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TS-10
7.0 ELECTRICAL SPECIFICATIONS
OLD SETTLER'S PARK SECTION 16010 -1
GENERAL
PART 1 - GENERAL
1.01 SCOPE OF WORK
Unless otherwise specified, provide all labor, equipment, supplies,
materials, superintendence and testing necessary for the installation of
complete electrical systems as required by these specifications and as shown
on the Drawings, subject to the terms and conditions of the contract.
Complete such details of electrical work not mentioned or shown which are
necessary for the successful operation of all electrical systems described
on the Drawings.
A. Submit a bid on the basis of a complete installation, including all
labor, material, cartage, insurance, permits, inspections, and tares.
B. Include temporary electrical power and lighting that will be required.
Provide lighting to satisfy OSHA requirements.
C. All Agreement Forms, General Conditions and Supplementary or Special
Conditions shall apply to the work specified in Division 16.
1.02 SITE INSPECTION
A. The contractor shall visit and examine the site verifying all existing
items and familiarize himself with existing work conditions and
understand the conditions which affect performance of the work of this
Division before submitting bids for this work. The submission of bids
shall be deemed as evidence of such visits and examinations.
B. All bids shall take the existing conditions into consideration and the
lack of specific information on the drawings shall not relieve the
contractor of any responsibility. No subsequent allowance for time or
money will be allowed for work or change related to failure to examine
site conditions.
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. Provide electrical connections and service to items described in all
other sections of these specifications.
1.04 WORK NOT INCLUDED
A. Certain labor, materials, or equipment may be provided under other
sections of these specifications, by utility companies, or by the
owner. When such is the case, the extent, source and description of
these items will be as indicated on the Drawings or described in the
specifications but the Contractor is responsible for verifying with all
parties involved as to the extent of his requirements of work.
1
B. Unless otherwise indicated, motors shall be furnished by others, but
connected by the Electrical Contractor as indicated on the Drawings.
Electrical contractor to provide all motor control wiring and conduit
as required.
1.05 GENERAL REQUIREMENTS
A. Prior to bidding, examine the premises to determine if there are any
special or existing conditions which may effect the work to be
performed.
B. Definitions:
1. "Provide" or "Install ": Includes all material, labor, subcon-
tracts, appurtenances and mark -up required for a complete operable
system as shown and specified, set in place, connected and ready
to use.
2. "Furnish ": Purchase and deliver to job site, material as shown
and specified.
3. "Record Drawings ": Drawings that reflect the electrical systems as
actually constructed by the contractor.
4. "Owner ": City of Round Rock.
"Engineer ": Hendrix & Myers Consulting Engineers.
C. The Contractor binds himself, his partners, successors, assigns and
legal representatives to the Owner hereto in respect to all covenants,
agreements and obligations contained in the Contract Documents. The
Contractor shall not assign the Contract or sublet it as a whole
without the written consent of the Owner, nor shall the Contractor
assign any monies due or to become due to him hereunder, without the
previous written consent of the Owner.
D. The Contractor shall supervise and direct the Work using his best skill
and attention. He shall be scdey responsible for all construction
means, methods, techniques, safety, sequences and procedures and for
coordinating all portions of the Work under his Contract.
E. The Contractor shall provide, without extra charge, all incidental
items required as a part of the Work, even though not particularly
specified or indicated, and if he has good reason for objecting to the
use of a material, appliance, or type of construction shown or
specified, he shall register his objections with the Engineer, in
writing: otherwise, he shall proceed with the work under the
stipulation that a satisfactory .job is required.
F. Drawings:
SECTION 16010
1. The drawings are in general diagrammatic and the location of
outlets, switches, motors, etc., on the drawings do not
necessarily mean that such units shall be placed at that exact
spot, as scaled on the drawings, but shall be located to function
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SECTION 16010
best. Use the drawings, and these specifications for guidance and
secure the Engineer's approval of all changes in location.
2. Verify all measurements at the site. No extra compensation will
be allowed because of differences between locations shown on the
drawings and measurements at the building.
3. Contractor must insure that all minimum NEC working clearances are
maintained.
4. No attempt has been made to show complete design details of
construction on the Electrical plans. No extra cost will be
allowed for offsets in conduit and wiring to avoid other work or
when minor changes are necessary to facilitate installation or
maintenance.
5. The circuits have been designed to compensate for voltage drop and
other considerations to accomplish maximum economy. Recircuiting
will not be permitted without specific approval.
6. In the event of discrepancy, immediately notify the Engineer. Do
not proceed with installation in areas of discrepancy until all
such discrepancies have been fully resolved.
7. Drawings and specifications are complimentary each to the other.
What is called for by one shall be as binding as if called for by
both.
8. Should the drawings disagree in themselves, or with the
specifications, the better quality or _greater quanity of work or
materials shall be used.
G. Substitutions
1. Unless otherwise indicated, base bid on the equipment shown on the
on the Drawings and hereinafter specified.
All substitutions shall be of equal or better quality to the
equipment specified.
3. Acceptance of the substitution by the Engineer does not relieve
the Contractor of responsibility for proper operation of the
systems, compliance with specifications, necessary changes due to
dimensional differences or space requirements, and completion of
work on schedule.
4. It is not the intent of the Specifications to limit materials to
the product of any particular manufacturer. Where definite
materials, equipment and /or fixtures have been specified by name,
manufacturer or catalog number, it has been done so as to set a
definite standard and a reference for comparison as to quality,
application, physical conformity and other characteristics.
1.06 RECORD DRAWINGS
A. Reference requirements stated elsewhere in the specifications.
SECTION 16010
B. In addition to other requirements, neatly mark up with contrasting
colors a clean set of drawings as the work progresses, to show the
dimensioned location and routing of all electrical work which will be
permanently concealed. Show routing and location of items cast in
concrete or buried underground. Show complete routing and sizing of
any significant revisions to the systems shown. Keep marked up set at
site for review at site meetings.
C. Contractor shall indicate progress by coloring -in various conduits,
ducts, and associated appurtenances exactly as they are erected. This
process shall incorporate both the changes noted above and all other
deviations from the original drawings whether resulting from job
conditions encountered or from any other causes.
D. The marked -up and colored -up prints will be used as a guide for
determining the progress of the work installed. They shall be
inspected periodically by the Engineer and Owner's Representatives and
they shall be corrected immediately if found either inaccurate or
incomplete. This procedure is mandatory.
E. At the completion of the job, these prints shall be submitted to the
Engineer and Owner for final review and comment. The prints will be
returned with appropriate comments and recommendations. These
corrected prints together with corrected prints indicating all the
revisions, additions and deletions of work, shall form the basis for
preparing a set of record drawings.
F. The Engineer's original tracings may be borrowed by the contractor for
his Trade, to obtain a set of mylar reproductions. Each contractor
shall then transfer all work to his mylar set and shall add the date of
printing and the legend "Record Drawing Set" and submit a set of
reproducible sepias to the Owner for his review. The Owner shall
comment on the set of sepias and shall return this set to the
Contractor to make any final modifications to the drawings. After
all corrections are made, the Contractor shall add the date of printing
and the legend "Record Drawing Set" on the mylar set.
G. Using the "Record Drawing Set ", the contractor shall print one (1)
complete set of reproducible mylars and two (2) sets of prints for
submission to the Owner.
H. Contractor shall bear all the costs of reproducing the original
tracings, making all the necessary changes and printing the mylar sets
for the work in his charge.
I. Final payment will be withheld until all Record Drawing Sets are
submitted to the Owner.
1.07 SUBMITTALS
A. Submit to the Engineer within 60 days after the award of the contract a
4
SECTION 16010
typewritten list of those items of equipment and appurtenances which
will be furnished. Include the name or description of the item, name
of manufacturer, model or type, catalog number and manufacturer's
printed information. The information submitted shall include overall
dimensions, weights, voltage rating, phase, wiring diagrams, etc., and
nameplate data. Assemble all submittals into one brochure. The
Engineer's check will be general and does not relieve the Contractor of
final responsibility to comply with the Contract Documents in all
respects.
B. Submit Shop Drawings for, but not limited to, the following items:
1. Safety Disconnect Switches
2. Panelboards
3. Wire and Cable
4. Transformers
5. Fuses
6. Cabinets and Enclosures
7. Distribution and Fuse Blocks
C. When requested, present samples of all materials proposed for use to
the Engineer for his approval.
D. Certify Shop Drawings have been checked for compliance with Contract
Documents. certify that the materials submitted can be delivered and
installed according to the construction schedule.
E. Select all other materials, not specifically described on the Drawings
or in these specifications but required for a complete and operable
facility, and submit to the Engineer for approval.
1.08 CODES AND REGULATIONS
A. Comply with the requirements of the National Electrical Code, National
Electrical Safety Code, Occupational Safety and Health Act (OSHA) and
all other applicable Federal, State and local cedes. All cedes and
standards shall be per the latest edition with all supplements and
official interpretations included. The Drawings and specifications
take precedence when they are more stringent than codes, standards,
ordinances, and statutes take precedence when they are more stringent
or conflict with the Drawings and specifications.
6. Should the contractor perform any work that does not comply with the
requirements of the applicable Building Codes, State Laws, Local
Ordinances and Industry Standards, he shall bear all costs arising in
correcting the deficiencies, as approved by the Owner.
1.09 DELIVERY AND STORAGE OF MATERIALS
A. Retain all portable and detachable parts or portions of installation
such as fuses, key locks, adaptors, blocking clips, and inserts until
final completion of work. Deliver parts to the Owner or his authorized
representative and attach an itemized receipt to obtain request for
final payment.
B. Product Handling:
1.10 UTILITY COSTS
1.11 CLEAN -UP
C.
1. Use all means necessary to protect the work and materials of this
section before, during, and after installation and to protect the
work and materials of all other trades.
In the event of damage, immediately make all repairs and
replacements necessary to the approval of the Engineer and at no
additional cost to the Owner.
3. Store and protect materials and equipment in accordance with the
manufacturer's recommendations.
4. Provide suitable box or crate electrical equipment and cover with
waterproof covers to protect against dirt, moisture or accidental
damage during shipment or outdoors at the job site.
5. Store all conduit on skids.
Pay all service charges and utility usage costs required by the electric
utility or telephone utility to facilitate construction.
A. Remove debris and waste materials from within the construction areas
and transport off -site, daily.
B. Keep the construction area clean, free from hazard, and orderly
arranged.
Pay all costs of waste removal and disposal.
D. Dispose of waste materials in accordance with all regulations which
govern.
E. Take all precautions to protect persons who enter the construction area
from hazardous conditions, hazardous waste, toxic waste, or other
unsafe conditions.
F. Upon completion of construction, remove all debris, waste materials,
unused materials, temporary constructions, vehicles, tools, fencing,
etc. to Owner's satisfaction.
PART 2 - PRODUCTS
2.01 EQUIPMENT AND MATERIALS
A. Unless otherwise indicated, provide only new equipment and materials.
B. On all major equipment components, provide manufacturer's name,
address, model number, and serial number permanently attached in a
conspicuous location.
6
SECTION 16010
C. All materials furnished under these specifications shall be the
standard product of manufacturer's regularly engaged in the production
of such equipment and shall be the manufacturer's latest approved
standard design.
D. Guarantees:
2.02 STANDARDS
SECTION 16010
1. The manufacturer(s) of the various equipment components shall
guarantee them to be of quality construction, free from defects in
materials and workmanship.
2. Guarantee for a period of one (1) year, the equipment, apparatus
and parts furnished, excepting only those items that are normally
consumed in service, such as lamps, etc. The Contractor shall be
solely responsible for the guarantee of the unit and all
components.
A. Where the Underwriters' Laboratories (UL) have established standards
and issued labels for a particular group, class or type of material,
apparatus, appliance or device, provide the UL label on all such items
in that category incorporated into the work.
P. Where such items are not covered by UL standards, they shall meet or
exceed the requirements of the current National Electrical Code (NEC),
or if not covered there, by the applicable, published, recognized
standard of the American National Standards Institute (ANSI), or of the
industry and of the related engineering society. Example: National
Electrical Manufacturers Association (NEMA) and Institute of Electrical
and Electronics Engineers (IEEE).
PART 3 - EXECUTION
3.01 WORKMANSHIP AND COMPLETION OF INSTALLATION
A. For the actual fabrication, installation and testing, use only
thoroughly trained and experienced workmen completely familiar with the
items required and with the manufacturer's recommended methods of
installation. In acceptance or rejection of the installed work, no
allowance will be made for lack of skill on the part of workmen.
B. Install all specialities as detailed on plans. Where details or
specific installation specifications are not included herein, follow
approved manufacturer's recommendations.
C. Install complete, thoroughly check, correctly adjust, clean, and leave
ready for operation all equipment and material connected with this
project.
D. Ballasts, contactors, starters, transformers and like equipment which
are found to be noticeably noisier than other similar equipment on the
project will be deemed defective and shall be replaced.
E. Electrical service stub locations, sizes and quantities for equipment
7
F.
A.
B.
3.04 OPERATING MANUALS
SECTION 16010
are approximate only. Contractor must verify all service locations,
sizes and quantities with the equipment supplier before rough -in.
Electrical Contractor shall make all final connections to all
electrical equipment furnished and set in place by others. The Elec-
trical Contractor shall provide and install all disconnect switches as
required.
3.02 CO- OPERATION WITH OTHER CONTRACTORS
Cooperate with other contractors so that the installation of the
electrical materials and equipment may be properly coordinated. Where
a conflict occurs with piping, etc., it shall be resolved as directed
by the Engineer.
Interferences between piping and other trades shall be handled by
giving precedence to pipe lines requiring grade for proper operation.
Where space requirements conflict, the following order of precedence
shall generally be observed:
1. Structural Members
2. Soil and Drain Piping
3. Domestic Hot and Cold Water Piping
4. Natural Gas Piping
5. Electrical Conduit
3.03 SAFETY PRECAUTIONS AND PROGRAMS
A. It shall be the duty and responsibility of the Contractor and all of
its subcontractors to be familiar and comply with all requirements of
Public Law 91- 696, 29 U.S.C. Secs. 651 et. seq., the Occupational
Safety and Health Act of 1970, (OSHA) and all amendments thereto, and
to enforce and comply with all of the provisions of this Act. IN
ADDITION, ON PROJECTS IN WHICH TRENCH EXCAVATION WILL EXCEED A DEPTH OF
FIVE FEET, THE CONTRACTOR AND ALL OF ITS SUBCONTRACTORS SHALL COMPLY
WITH ALL REQUIREMENTS OF 29 C.F.R. SECS. 1926.652 AND 1926.653, OSHA
SAFETY AND HEALTH STANDARDS.
A. Furnish three copies of the operating_ and maintenance manuals to the
Owner for the following equipment:
Panelboards (including overcurrent devices), and copies of all
approved submittal data.
B. Fully explain the contents of operating and maintenance manuals and
instruct the Owner's personnel in the correct procedure in obtaining
service both during and after the guarantee period.
C. Furnish lists of spare parts and area distributor for future
purchases.
8
3.05 IDENTIFICATION
A. Equip the following items with nameplates:
1. All motor starters and panelboards.
2. Control /power equipment in separate enclosures including relays.
3. All overcurrent devices and spares, and circuit breakers.
4. All branch circuit and power panelboards.
5. Safety disconnect switches.
6. Contactors.
B. No dymo (stick on indented plastic) type label will be permitted.
3.06 TESTING
In general, identify equipment as designated on the electrical
drawings.
D. Fabricate nameplates as follows:
1. Provide 3 ply, 1/16" laminated plastic nameplate material with
white core for lettering and black background.
2. Use capital letters.
3. Unless otherwise indicated, provide minimum 3/4" high x 2" long
nameplates with 1/4" letters.
A. Test and record results for all power feeders for Megger Readings,
including phase to phase and phase to ground as recommended by the
cable manufacturer.
6. Measure service ground resistance.
3.07 CERTIFICATE OF COMPLETION
A. Submit, at time of request for final inspection, a completed letter in
the following format:
I, (Name) of (Firm) , certify that the
electrical work is complete in accordance with Contract Plans and
Specifications, and authorized change orders (copies attached) and will
be ready for final inspection as of (Date) . I further certify that
the following specification requirements have been fulfilled:
1. Megger readings performed, six (6) copies of logs attached.
2. Ground tests performed, sir. (6) copies of method used and results
attached, including service around readings.
9
SECTION 16010
3.08 DURING FINAL INSPECTION
Signed:
10
SECTION 16010
3. Operating manuals completed and instructions of operating
personnel performed for all systems, (Date) , (Signature,
Owner's Representative) .
4. Record drawings up -to -date and ready to deliver to Engineer.
5. All other tests required by Specifications have been performed.
6. Final clean -up is completed.
7. All systems are fully operational.
A. Demonstrate installation to operate satisfactorily in accordance with
requirements of Contract Documents.
B. Should any portion of installation fail to meet requirements of
Contract Documents, repair or replace items failing to meet
requirements until items can be demonstrated to comply.
OLD SETTLER'S PARK SECTION 16110 -1
RACEWAYS
PART 1 - GENERAL
1.01 SCOPE OF WORK
Provide a complete conduit system as shown on the drawings and as
hereinafter specified.
1.02 STANDARDS
Conform with the latest requirements of the NEMA, the National Electrical
Code, and be UL listed.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Rigid galvanized steel.
B. IMC
C. PVC - schedule 40 polyvinyl chloride conduit (PVC Duct) shall be UL
rated. Conduit fittings and cement shall be produced by the same
manufacturer and approved for such use.
D. Flexible conduit
2.02 CONDUIT SUPPORTS
1. Liquid -tight (vibration and wet areas) fabricate from continuous
lengths of spirally wound galvanized steel strip interlocked with
a gray polyvinyl chloride cover extruded over the core to make the
conduit liquid tight, oil proof and bendable to a small radius.
A. Neither perforated iron straps nor tiewires are permitted for
supporting conduits.
B. Support horizontal and vertical conduit runs by one -hole malleable
straps, clamp -backs or other approved devices with suitable bolts.
C. Support conduit from independent structural system.
2.03 FITTINGS AND HARDWARE
A. Provide fittings, 1ocknuts, bushings, and hardware that are compatible
with the type of conduit used. No indenter type of connectors and
couplings are allowed.
P. Provide screw - in type fittings for use with flexible conduit.
1
PART 3 — EXECUTION
3.01 GENERAL INSTALLATION REQUIREMENTS
A. Do not drill or pierce structural steel members under any circumstances
without the Engineer's specific approval.
B. Do not install conduit that is crushed or deformed in any way.
AtLflUN £OLLV
C. Provide a nonmetallic (nylon, polypropylene, or approved equal) drag
line of suitable strength in spare conduits. Tightly plug spare con-
duits at both ends.
D. Do not pull wire into conduit system until the conduit system is
complete in all details; in the case of concealed work, until all rough
plastering or masonry has been completed.
3.02 INSTALLATION ABOVE GRADE
A. Minimum size raceway is 1/2 inch.
B. Provide rigid galvanized steel conduit for locations exposed to severe
physical damage and in damp or wet areas and where underground conduit
rises exposed above grade.
C. Install intermediate metallic conduit (INC) Type I may be used as an
option for rigid galvanized steel conduit in areas permitted by the
National Electrical Code.
D. Provide liquid -tight flexible metal conduit for transformer
terminations, motor terminations, and other equipment where vibration
or moisture is present. Minimum length is 2 feet and maximum length is
6 feet for all flexible conduit.
E. Follow manufacturer's recommendations regarding installation,
termination, bending, and coupling of conduit.
F. Provide pull boxes as required or as directed by the Engineer.
G. Route conduits above slab parallel to and 90 degrees to structure.
H. Route conduits from outlet to outlet and from outlets to cabinets, pull
or junction boxes with lockouts and bushings in such manner that each
system is continuous throughout. Conduit shall not contain more than
the equivalent of four quarter bends (360 degrees, total), including
those bends located immediately at the outlet or fitting.
I. Do not suspend raceways or equipment from piping but provide indepen-
dent and separate support methods. Provide toggle bolts or expansion
(spider type) anchors in hollow masonry units, lead expansion bolts in
solid masonry or concrete (or preferably use pre -set concrete inserts
in concrete), machine screws, bolts, and wood screws on wood construc-
tion. Note: Nails, of proper type and heads, may be used to anchor in
wood construction in lieu of screws only where rigid support will be
provided by their use. Use of power- driven studs is prohibited and is
not allowed on the job.
JLLIA.Urd .1,—/LAW
J. Conduit in hazardous locations shall comply with Articles 500, 501, and
502 of the latest National Electrical Code.
3.03 INSTALLATION BELOW GRADE
A. Provide rigid galvanized steel conduit where conduits are installed in
concrete slab or passing through any concrete structure.
B. Provide PVC plastic conduit where conduits are installed below grade
but not in a concrete slab.
C. Swab clean all conduits before cable installation. Waterproof all
conduit joints after cable installation.
D. Provide conduit wall seals for all conduits penetrating walls below
grade and other locations shown on the Drawings.
E. Where required to bend PVC ducts to satisfy indicated routing, preform
ducts to allow ends of duct sections to be in a straight alignment.
Accomplish preforming of ducts by utilizing proper duct heater units.
F. Perform all necessary excavation and backfilling for proper
installation of work. Take precautions not to excavate below depth
required. Tamp backfill in 6 inch layers to original grade, moistening
as required for proper compaction. All backfilling shall be free from
harmful materials. In areas to be paved, compact to density to receive
pavement. Where pavement is broken for the installation of conduit,
repair to original condition. Provide shoring, bracing, and dewatering
if necessary for installation of work. Remove from site all materials
encountered which are not suitable for backfill.
6. When and if damage is caused to underground utility lines or
structures, above ground utility lines or structures, or other
purposeful surface conditions, either on or off the right -of -way, make
immediate temporary repairs. At the first opportunity, make permanent
repairs which are acceptable to the Owner. All such repairs shall be
made at the contractors expense.
H. Where necessary, provide barricades around open excavations to prevent
endangering the public. Provide flares at night to adequately mark all
excavations.
I. Where conduits embedded in concrete cross expansion joints, they shall
be joined together using O.Z. Gedney type AX expansion fittings and
bonding jumpers.
3
OLD SETTLER'S PARK SECTION 16120 -1
WIRE AND CABLE
PART 1 - GENERAL
1.01 SCOPE OF WORK
Provide a complete system of conductors in raceway systems as shown on the
drawings and hereinafter specified. Route all wire through an approved
raceway regardless of voltage applications.
1.02 STANDARDS
Provide conductors in accordance with the applicable sections of U.L. and
IPCEA Standards.
1.03 SUBMITTALS
A. Furnish Engineer shop submittals for each type of wire and cable.
B. Provide shop submittals which includes the following information:
1. Insulation type.
2. Insulation temperature rating.
3. Manufacturer.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Wire and Cables (600 Volts)
1. Provide copper wire and copper ground conductors. Conductors
shown on plans are thusly sized.
a. Minimum wire size for branch circuits shall be #12, however,
#14 may be used for control circuits where specified on the
drawings.
b. All conductors #8 and larger shall be stranded.
Provide copper conductors of annealed, 98 percent conductivity
soft drawn copper. Provide stranded conductors for control
circuits.
8. Insulation (600 Volts)
1. Provide all conductor insulation types rated for wet and dry
locations and approved by the National Electrical Code for the
particular application. Provide all wire and cable with the
following (or better) insulation classes:
1
PART 3 - EXECUTION
3.01 INSTALLATION
a. All feeders and branch circuits are to be type THWN.
b. Insulation rated for operation at 600 volts.
c. In areas where the temperature will exceed 167 degrees F,
provide wire rated 105 degrees C minimum and a type approved
by the local code.
2. Color code in accordance with the wiring diagrams furnished with
equipment. All wiring for control systems to be installed in
conjunction with mechanical and /or miscellaneous equipment. Color
code by line or phase all branch circuit wiring including circuits
to motors and feeders as follows: Wire No. 6 and smaller shall be
factory color coded. Wire No. 4 and larger may be color coded by
color taping within six inches - of exposed ends.
120/208 Volt 277/480 Volts
Phase A - Black
B - Red
C - Blue
Neutral - White
Ground - Green
A. Unless otherwise indicated wiring size noted on the drawings extend
for the entire length of a circuit. Install wire in raceways in strict
conformance with the manufacturer's recommendations. Use a U.L.
approved wire - pulling lubricant. Strip insulation so as to avoid
nicking of wire.
B. Wire Connections and Devices
SECTION 16120
Phase A - Brown
8 - Yellow
C - Purple
Neutral - Gray
Ground - Green
1. Provide all terminating fittings, connectors, etc., of a type
suitable for the specific cable. Make all fittings up tight.
Make up all terminations in strict conformance with manufacturer's
recommendations using special washers, nuts, etc., as required.
2. Connect No. 8 and larger wire to panels and apparatus with
properly sized, solderless, or compression ILIQs or connectors.
3. Connect No. 10 and smaller wire by twisting tight and applying the
installation of fixtures or devices.
4. Leave at least an 8" loops for ends at each outlet box for the
installation of fixtures or devices.
C. Flashover or insulation value of .joints shall equal that of the
conductor. Provide connectors rated at 600 volts for general use and
1000 volts for use within fixtures.
D. Group conductors into conduit as indicated on the drawings. No
3.02 TESTING
grouping allowed which would require derating by the National
Electrical Code.
A. Prior to energizing feeders, perform insulation resistance tests at 500
Volts D.C. for 30 seconds on each cable with respect to ground and
adjacement cables. Maintain the following log for feeder tests:
FEEDER DESCRIPTION:
TESTER'S NAME:
TEST INSTRUMENT SERIAL #:
TEST DATE:
RESISTANCE:
A -B A -C A -E B -C BIG C - S
- - - - - -- - - - - - - -
B. Test all circuits for proper neutral connections.
C. Upon completion of all testing, prepare a detailed report of all
voltage and insulation resistance measurements. Deliver report to
Engineer with request for final inspection.
3
SECTION 16120
OLD SETTLER'S PARK
PART 1 - GENERAL
1.01 SCOPE OF WORK
B.
PART 3 - EXECUTION
3.01 INSTALLATION
SECTION 16130 -1
OUTLET BOXES, PULL
BOXES AND JUNCTION BOXES
Provide outlet boxes in accordance with the National Electrical Code at
locations shown on the Drawings and hereinafter specified.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Provide hot- dipped galvanized pressed steel boxes, mininum 1 -1/2 inches
deep.
Provide standard outlet boxes for junction and pull boxes of 150 cubic
inches or less; cabinets with screw covers or as specifically noted for
junction or pull boxes larger than 150 cubic inches.
A. Set flush with wall or cei1ino finish in accordance with N.E.C.,
Article 370. Extension sleeves are not permitted for boxes improperly
set.
B. Verify location of outlets prior to rough -in. When necessary, relocate
outlets to avoid interference with other work or equipment.
Provide pressed steel boxes for concealed work. Provide 4 inch square
boxes with 1/2 inch raised cover for exposed work in utility areas.
D. Do not drill and pierce structural (prestressed) concrete members and
structural steel without prior approval of the Engineer.
E. Mount all boxes plumb.
F. Mount boxes completely rigid without conduit or finished wall support.
OLD SETTLER'S PARK
PART 1 - GENERAL
1.01 SCOPE OR WORK
Provide safety switches as indicated on the Drawings and specifications or
as required.
1.02 STANDARDS
A. Provide safety switches which are U.L. listed and comply with the
latest NEMA standards.
B. Provide safety switches manufactured by Westinghouse, Square D or
General Electric.
1.03 SUBMITTALS
A. Furnish Engineer shop submittal for safety disconnect switches.
B. Provide sop submittals which include the following information:
PART 2 - PRODUCTS
2.01 CONSTRUCTION
1. NEMA type.
2. Enclosure type.
3. Ampere rating.
A. Provide safety switches appropriately rated for use with electrical
system 600 Vac for 480 volts, 250 Vac for 208 volts and etc....
B. Provide safety switches NEMA general duty type GD, and horsepower rated
for a/c motors.
C. Unless otherwise indicated, provide safety switches in NEMA 1 enclosure
located on the interior of building. Unless otherwise indicated,
provide safety switches in NEMA 3R enclosure located on the exterior of
the building or in wet locations.
D. Provide quick -make and quick -break operating handle. Provide
mechanisms which are an integral part of the box.
E. Provide lugs U.L. listed for copper cable.
SECTION 16170 -1
SAFETY DISCONNECT
SWITCH
PART 3 — EXECUTION
3.01 INSTALLATION
A. Securely mount safety
all mounting materials
B. Safety switches must
support system, not on
SECTION 16170
switches in accordance with the N.E.G. Provide
and mount safety switches vertically.
be mounted on an independent and separate
the equipment being served.
OLD SETTLER'S PARK SECTION 16450 -1
GROUNDING SYSTEM
PART 1 - GENERAL
1.01 SCOPE OF WORK
Provide a complete grounding system in strict accordance with Article 250 of
the National Electrical Code and as hereinafter specified and shown on the
Drawings.
PART 2 - PRODUCTS
2.01 MATERIALS
Provide copper clad 3/4" x 10 ft. - 0" long ground rods and grounding
conductors as required.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Properly ground all service equipment conduit systems, supports,
cabinets, equipment, motor frames, fixtures, etc., and the grounded
circuit conductor in accordance with the latest issue of the National
Electrical Code. Provide all bonding jumpers and wire, grounding
bushings, clamps, etc., as required for complete grounding. Route
ground conductors to provide the shortest and most direct path to the
ground electrode system. Bond conduit is made of current conducting
material. All ground connections shall have clean contact surfaces.
Bond the service equipment to a grounding electrode as shown on the
Drawings.
B. Provide a grounding type bushing for all feeder conduits which
originate from the main switchboard or any other panelboards, or other
similar enclosures and individually bond this raceway to the
enclosure's ground bus.
C. Make single or dual connections to ground rods, plates, and other
buried connections by the Cadweld process, and "hammer tested" to
insure that a good bond has been made.
D. Drive grounding electrodes as required. Where rock is encountered,
grounding plates of copper, 1 /4 -in. x 24 - in. x 24 -in, may be used in
lieu of grounding rods.
E. Provide a grounding terminal pad in all panelboards, switchboards, and
other electrical equipment to be connected to the main service entrance
with a copper ground conductor.
F. Directly ground to the work piece welding machines used in
construction. The use of the building or equipment steel or conduits
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3.02 TESTING
SECTION 16450
of any kind as a common ground point is not allowed under any
conditions. Contractor is responsible for any electrical pieces of
equipment damaged by not using the welder grounding method described
above.
A. Following completion of installation, test system ground for continuity
and test resistance to ground by "fall of potential" method and all
feeders or sub— feeders with appropriate meggers, or other approved
instruments and methods, to determine ground and insulation resistance
values.
B. Submit Iogs of values obtained, nameplate data of instruments used and
instrument calibration data prior to final inspection. Instruments
used are subject to approval.
OLD SETTLER'S PARK SECTION 16460 -1
TRANSFORMER -DRY TYPE
PART 1 - GENERAL
1.01 SCOPE OR WORK
1.02 SUBMITTALS
1.03 STANDARDS
2.01 GENERAL
Provide dry type transformers as shown on the drawings and as hereinafter
specified.
A. The shop drawings shall contain the following information:
1. KVA
2. Voltage, primary and secondary
3. Dimensions and weight
4. Sound level
5. Mounting (wall or floor)
6. Taps (FCBN and FCAN)
A. Units shall be Westinghouse, Square "D ", General Electric, or Nevi-
duty,
B. Underwriters' Laboratories listed, where listing applies.
C. Designed to meet applicable requirements of American National Standards
Institute (ANSI C89.1), National Electrical Manufacturer's Association
(NEMA ST1 -4), and Underwriters' Laboratories.
PART 2 - PRODUCTS
A. Transformers must be constructed with grain oriented magnetic circuit
steel to minimize no load losses and exciting current, and intarlaminar
vibrations.
B. Transformers shall be designed for continuous operations at rated KVA,
twenty -four hours a day, 365 days a year, with normal life expectancy
as defined in IEEE #65.
C. Transformers shall have a minimum 10% continuous overload capacity at
nominal voltage.
D. All materials used in the transformer shall be flame retardant and
shall not support combustion as defined in ASTM Standard Test Method
D635.
E. KVA and voltage ratings shall be as shown on the Drawings.
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2.02 MATERIALS (30KVA and ABOVE)
SECTION 16460
A. Provide four 2 -1/2 percent taps FCBN and two 2 -1/2 percent taps FCAN on
the primary side. Taps shall be brought to a terminal board accessible
by removing a panel.
B. Provide conventional dry type transformers suitable for outdoor service
and enclosed in a sheet metal housing. Housing shall be equipped for
conduit connections.
C. The core -coil assembly shall be designed and mechanically braced to
withstand short circuit tests as defined in NEMA TR 27 by the use of
full scale testing. The coil construction and mechanical bracing
members shall be such as to prevent mechanical degradation of the
insulation structures during short circuit.
D. Transformer case shall be of the self bracing type and shall provide
drip -proof and rodent -proof characteristics. Enclosures shall be
provided with lifting holes to facilitate handling and installation
without removal of any of the enclosure components.
E. The following tests must be given all units at the factory:
i. Applied voltage test ii minute) - 600 Volt Class - 4 KV
2. Induced voltage test - 2 times normal for 7200 cycles
3. Ratio and phase relaton
Certified test reports on electrically duplicated units shall be
submitted with _approval drawings certifying that the following tests
have been performed on the first rating of any design: No -load losses,
total losses, applied voltage, induced voltage, sound level, impulse
test, and temperature rise.
F. Provide an insulation system classification of 150 degree 0 temperature
rise above 40 degree C ambient. Provide insulating materials in
accordance with NEMA ST20 -1972 standards for 220 degree C: U.L.
component recognized insulation system.
6. The maximum temperature of the top of the enclosure shall not exceed 50
degree 0 above a 40 degree 0 ambient.
H. Maximum sound level shall be as follows:
0 -9 KVA 40 db 51 -150 KVA 50 db 301 -500 KVA 60 db
10 -50 KVA 45 db 151 -300 KVA 55 db
PART 3 - EXECUTION
3.01 INSTALLATION
A. Provide 36" long (maximum) liquid -tight conduit connections to the
transformers.
B. Any transformer causing objectionable sound will be required to be
replaced.
C. Set taps under load conditions for correct voltage.
D. Mount all transformers plumb and rigid.
SECTION 16460
OLD SETTLER'S PARK
PART 1 — GENERAL
1.01 SCOPE OF WORK
Provide branch circuit panelboards as shown on the Drawings and as herein
specified.
1.02 SUBMITTALS
A. Furnish Engineer shop submittal for each branch circuit panelboard.
B. Provide shop submittal which includes the following:
1. Cabinet
a. Housing_
b. Trim
c. Outline dimensions
d. Available spaces
e. Panelboard mounting
2. Circuit breakers
a. Frame size
b. Trip setting
c. Class
d. Interrupting rating in RMS Symmetrical amperes
e. Mounting
f, Voltage rating
3. Busing
a. Ampere rating
b. Material
c. Incoming cable lug size
d. Bus bracing
4. Maintenance manuals, installation manuals, renewal parts,
recommended spare parts (10 copies of each).
5. Manufacturer's catalog numbers.
6. Other descriptive data as may be required.
1.03 STANDARDS
A. Provide UL label.
B. Comply with applicable standards of NEMA and the NEC.
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SECTION 16471 -1
BRANCH CIRCUIT
PANELBOARDS
1.04 ACCEPTABLE MANUFACTURERS
A. Square "D"
B. Westinghouse
C. General Electric
D. All equipment within panelboards shall be of the same manufacturer.
PART 2 — PRODUCTS
2.01 CONSTRUCTION
A. Busing
1. Provide copper busing.
Provide full size insulated neutral bus bar.
SECTION 16471
3. Provide bracing equal to the rated interrupting capacity of the
smallest circuit breaker in the panelboard. Refer to drawings for
minimum bracing.
4. Provide full height phase busing. Reduction is not allowed.
5. Make all bus and stub connections of such a size as to limit the
temperature to 50 degrees C. when carrying full load current.
6. Arrange bus bar taps for sequence sharing of branch circuit
devices.
7. Provide suitable lug on neutral busing_ for each outgoing feeder
requiring a neutral connection.
8. Provide a grounding terminal pad for the equipment grounding
system. Grounding pad shall be separate from the insulated
neutral bus.
Equip all spaces with busing and mounting straps for the maximum
device that can be fitted into space.
10. Provide mechanical (bolt type) wire connectors.
B. Labeling
1. Provide typewritten directory card mounted under a transparent
protective cover, set in a metal frame on the inside of the
cabinet door. Provide directory with the following information:
a. Panel designation
b. Point from which it is fed.
c. Individual branch circuit identification (as shown on the
panel schedules) load served and location.
Provide manufacturer's nameplate affixed to the front of the
panelboard containing the following:
C. Interiors
a. Manufacturer's name and address.
b. Manufacturer's panelboard type designation.
c. Manufacturer's identification reference.
d. Voltage rating.
e. Continuous current rating.
f. Frequency rating.
1. Design interiors so that circuit breakers can be replaced without
disturbing adjacent units and without removing the main bus
connectors.
2. Design interior so that circuits may be changed without machining,
drilling or tapping.
3. Arrange branch circuit using double row construction.
4. Branch circuit numbering by manufacturer.
D. Enclosure
1. Make enclosure from galvanized code gauge steel having multiple
knockouts unless otherwise noted.
Unless otherwise noted, provide general purpose enclosures.
Mounting as indicated on Drawings.
3. Provide minimum four interior mounting studs.
4. Maximum height . 30 inches.
5. Paint surface mounted boxes to match trim.
E. Trim
1. Provide hinged door covering all circuit breakers. Door shall not
uncover any live parts. Fronts shall not be removable with door
in the locked position. Provide a flush, stainless steel cylinder
type lock with catch and spring loaded door pull. Key lock
alike.
2. Fabricate trims from code gauge sheet steel.
3. Trims for flush panels shall overlap box a minimum of 3/4 inch all
around. Trims for surface panels shall have the same width and
height as the box.
4. Fasten trims with quarter turn clamps.
5. Paint trim with manufacturer's standard gray enamel over a rust
resistant phosphatixing primer.
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2 .02 CIRCUIT BREAKERS
A. Provide circuit breakers with frame size, trip settings and UL listed
RMS Symmetrical ampere interrupting rating shown on the Drawings.
B. Provide molded case, bolt -on type.
SECTION 16471
C. Provide thermal magnetic type circuit breakers employing quick -make,
quick -break mechanisms for manual operation as well as automatic
operation.
D. Indicate automatic tripping by the breaker handle assuming a
distinctive position from manual ON and "OFF ".
E. Provide multipole breakers with a common trip. Tie handles are not
permitted.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install box, trim and interior rigid and plumb. Center interior with
opening.
B. Install panelboards in accordance with the instructions of the
manufacturer and as shown on the Drawing. Install complete with all
required electrical connections.
C. Unless otherwise noted, install panelboards with the top of the trim 6
ft. 0 in above finished grade.
D. Field check panelboard loading and reconnect circuits as required to
provide balanced phase and line loads.
E. Neatly bundle, route and support cables installed in wiring gutters of
panelboards. Minimum bending radii as recommended by the wire and
cable manufacturer.
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