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R-93-11-23-9B - 11/23/1993WHEREAS, the City of Round Rock has duly advertised for bids for the 1993 Pumps and Control Valves Improvements for the water system, and WHEREAS, Jesek Construction Company, Inc., has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Jesek Construction Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Jesek Construction Company, Inc., for the 1993 Pumps and Control Valves Improvements for the water system, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of November, 1993. ATTEST: iAiAL it E RSIRES.:PU.7 ON RS11733C LAND, City Secretary RESOLUTION NO. �- q, - CHARLES C City of Roun ER, Mayor ock, Texas THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas. 7866-0 DATE: (512) 218 -5555 • BID TABULATION SHEET: _- - .,..:_ .... . :. .:...: .........a..,._. „__ u•. ....,<,: <, A , CE < c ° C L e a Steven D. � (le�� �' ":;; ° , —•- •' .. 1119193 �s %., ,,,.,, 1 of 1 � ..n -'0? -° � 'or, ', i.=--,. <� . - ....�.. CONTRACT : 1993 PUMPS & CONTROL VALVES IMPROVEMENTS - ;.... BIDDERS LOCATION :CITY HALL Jesek Yes Borah Bid Bond? Yes Cunningham Constructors & Assoc. Bid Bond? Yes Reddico Construction Co. Bid Bond? Yes DATE: 11/9/93 TIME: 2:00 P.M. Construction Bid Bond? ITEM UNIT APPROX. QTY. UNIT PRICE _. COST UNIT PRICE COST UNIT PRICE COST UNIT RIC COST Bid Item No. 1 (High Svc Pump) 855,700.00 $56,320.00 $70,000.00 $65,415.0( $171,811.41 $22,165.27 $23,189,59 Bid Item No. 2 (Lake pump) 5 $158,400.00 $154,000.00 Bid Item No. 3 (W'1'P Valve) $28,900.00 $25,400.00 $24,800.00 Bid Item No. 4 (PRV) 818,200.00 $25,200.00 $30,000.00 TOTAL: $248,800.00 $265,320.00 $278,800.00 $282,581.32 m ur Ui bidtab/bidtab 11/19/93 15:58 ROUND ROCK PUELIC WORKS -+ 512 255 6676 DATE: November 19, 1993 SUBJECT: City Council Meeting, November 23, 1993 ITEM: 9.B. Consider a resolution authorizing the Mayor to enter into an agreement for 1993 Pumps & Control Valves Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: November 10,1993 TO: James R. Nuse, P.E. Director of Public Works FROM: Steven D. Miller, P.E. Facilities Engineer RE: 1993 - PUMPS & CONTROL VALVES IMPROVEMENTS Bids were opened on Tuesday, November 9 for above mentioned project. The low bid was submitted by Jezek Construction of Round Rock at 5248,800.00. The engineering estimate was 5229,950.00. There were a total of four bids submitted as shown on the attached tabulation. Jezek Construction has performed similar projects for the City and has a reputation for quality work. J recommend the City Council award the contract to Jezek Construction for the total base bid of $248,800.00. NO. 165 P02 j 03 -i► a3 - q6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l a' CITY OF ROUND ROCK PUBLIC WORKS PROJECT 1993 - PUMPS & CONTROL VALVES IMPROVEMENTS m,( °F�T ;4'S OCTOBER 1993 % �E �'t 5 . , a •� A ins.c 6452A ,,,,o,..' e. PLANS, SPECIFICATIONS 6FSS'o '`'"' AND CONTRACT DOCUMENTS � 4`b �0 r.'x 1993 PUMPS AND CONTROL VALVES IMPROVEMENTS 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 Specifications TS -1 table.mst/specsm TABLE OF CONTENTS November 5, 1993 ADDENDUM NO.1 CITY OF ROUNG ROCK PUBLIC WORKS DEPARTMENT 1993 Pumps and Control Valves Improvements Bid Date: November 9, 1993 Opening Time: 2:00 PM The following information is to be included and made a part of the contract documents for the above mentioned project. SECTION 03 RAW WATER PUMP SECTION 03 -04, the following information is to be included under this section: "The pump column and casing and exterior motor surfaces shall be suitable for continuous submersion service. The Contractor shall ensure these items are prepared for this type of service, including proper surface preparation, coating application and curing." SECTION 05 WATER PLANT FLOW CONTROL VALVE SECTION 05 -01, the following item shall be included in this section: "The water treatment plant can be off -line for approximately six (6) hours. The Contractor shall co- ordinate the valve installation accordingly. Possible sequence of construction is: Day 1: Installation of orifice plate and spool piece. Day 2: Removal of spool piece and installation of new Cla -Val. The Contractor shall supply to the Owner one (1) 16" pipe spool piece. This material shall be utilized by the Contractor for the installation of the Cla -Val. The spool piece shall be ductile iron Class 50 or SCH 40 steel pipe with welded 125# flanges. The FL -FL distance shall be approximately 42 inches and the spool piece shall be two -holed in the field prior to acceptance." Issued 11/5/93 Steven D Miller, Facilities Engineer 1.0 NOTICE TO BIDDERS not cebd.wcvlb:specsm2 NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, 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 1993 Pumps and Control Valves Improvements (project includes in- general, the installation of a 4,200 gpm submersible raw water pump, 4,200 gpm vertical turbine booster pump and two water control valves.) will be received until 2:00 p.m., November 9, 1993 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "1993 Pumps and Control Valves Improvements ". No bids 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 bid 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, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Dr., in Round Rock, Texas beginning 10/25/93 for a non - refundable charge of $15.00 per set. In case 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. Austin American Statesmen Round Rock Leader 10/24/93 10/25/93 10/31/93 11/1/93 NB -1 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility 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 omissions 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. Bids 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 less 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 guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. 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 sixty (60) days. biddoc.wcv /speesm2 BD -1 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals 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. 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 consider 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 Treasury 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 11 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 liquidated 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 authorized to do so by the City Council. biddoc.wcv /specsm2 BD - 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. 16. Any quantities given in any portion of the contract documents, including the plans, 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 sales 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 all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979. 18. No conditional bids will be accepted. biddoc.wcv /specsm2 BD - KNOW ALL MEN BY THESE PRESENTS, that we Jezek Construction Co., Inc. as PRINCIPAL, (hereinafter called the Principal), and Cumberland Casually & Surety Company, a corporation duly organized under the laws of Texas and authorized to transact a general surety business in the State of Texas, as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Round Rock as OBLIGEE, (hereinafter called the Obligee), In the sum equal to 5% of the accompanying bid of the Princlpal, not, however, in excess of Twelve Thousand and no /700. Dollars, ($72,000.00), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bld, dated on or about the date mentioned below, for (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to-wit: NOW THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter Into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Princlpal the said work or contract, or any part thereof: and If the Principal shall give bond or bonds for the faithful performance thereof, and /or for payment for labor and materials going thereunto, as In the specifications or contracts provided: or If the Principal shall, In case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain In full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been make within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal: and unless legal action to enforce any claim hereunder shall have been commenced within slx (6) months from the date of the formal opening of said Bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety, unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in- Fact to execute such a bond, the Serial Number upon which Copy of Power of'Attorfrey shall_ correspond with the Bond Number set out above. r Signed, sealed, and dated this 9 day of November, 1993. BID OR PROPOSAL BOND Bond No.: CC -07284 1993 Pumps and Control Valves Improvements — Round Rock, TX BY BY Page 1 of 2 Principal Jezek Construction Co., Inc. mow. .a / jti _ I Dennis H. oore, Attorney -in -Fact Cumberland Casualty & Surely Company JEZCO /CCS /LHI30 /D &D40 CUMBERLAND CASUALTY & SURETY COMPANY POWER OF ATTORNEY TAMPA, FLORIDA PRINCIPAL CONTRACT AMOUNT Jezek Construction Co., Inc. P.O. Box 2005 Round Rock, TX 78680 (STREET ADDRESS) 240,000.00 EST STATE OF FLORIDA ) 1 SS COUNTY OF HILLSBOROUGH) (CITY) EFFECTIVE DATE 11/9/93 AMOUNT OF BOND $ 12,000.00 POWER NO. Cc 07284 KNOW ALL MEN BY THESE PRESENTS: That the Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Texas, having its principal office in the city of Tampa, Honda, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 14th day of March, 1990, to wit. "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in- Fact, such person, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of the President and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Cumberland Casualty & Surety Company does hereby make, constitute and appoint Dennis H. Moore State of TPVac its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred m its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows. The obligation of the Company shall not exceed one million (51,000,000 00) dollars And to bmd Cumberland Casualty & Surety Company thereby as fully and to the same extent as if such bond or undertaken was signed by the duly authorized officer of the Cumberland Casualty & Surety Company, and all the acts of said Attomey(s) pursuant to the authority herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, the Cumberland Casualty & Surety Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. CUMBERLAND CASUALTY & SURETY COMPANY (STATE) (ZIP CODE) Francis M. Williams, President On this 14th day of March, A.D. 1990, before personally came Francis M. Williams, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hillsborough, State of Florida; that he is President, of the Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name. thereto by like order. Theresa Moody My Commission Expires March 17, 1991 STATE OF FLORIDA SS COUNTY OF HILLSBOROUGH) I, the undersigned, Secretary of the Cumberland Casualty & Surety Company, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Tampa. Dated the 9 • day of November , 199 Joseph M. Williams, Secretary 11/09/93 JQCO CCS CC-072e4 M RIDER Cumberland Casualty & Surety Company as Surety hereby amends Bid Bond Number CC -07284 naming Jezek Construction Co., Inc. as Principal and City of Round Rock as Obligee in the following manner: The Penal Sum of the Bid Bond is hereby increased from $12,000.00 to $13,750.00. All other terms and conditions shall remain the same. Cumberland Casualty & Surety Company Dennis H. Moore, Attorney -in -Fact 1 1 N 1 1 1 1 1 1 1 1 1 1 PROPOSAL BIDDING SHEET JOB NAME: 1993 Pumps and Control Valves Improvements JOB LOCATION: Round Rock, Williamson County, Texas OWNER: DATE: Gentlemen: 1. 1 City of Round Rock, Texas November 1993 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 1993 Pumps and Control Valves 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: BASE BID Bid Item Description Unit Item Quantity Unit and Written Unit Price Price Amount L.S. To supply and install one (1) 4,200 GPM vertical booster pump including all associated piping, valves and controls to full operational conditional in accordance with the plans and specification, complete -in -place Flirt FIVE TiAb akv for ' r ' 0%314orce.v dollars biddoe.wcv /specsm2 BD - and N o cents. $ 55 /Do. $ 55',7o0. oo ' Bid Item Description Unit Item Duantity Uni and Written Unit Price Price Amount I 2 . 1 L.S. To supply and install one (1) I, 4,200 GPM raw water pump, submersible laydown type, including all associated piping, t valves, and controls to full operational condition in I accordance with the plans ' and specification, complete -in- lace I for air v a sx ' OJSAlf i N� dollars 1 1 3. 1 L.S. biddoc.wcv /specsm2 BD - and Na cents. $ Plin000 . $ I+ /,000.00 To supply and install one (1) 16" flow - control -valve at water treatment plant with solenoids including all associated coupling, controls and wiring to full operational condition in accordance with the plans and specification, complete-in-place for NtN r J t( b RE V °JSAnI dollars and rto cents. $ 20 l eo . $ ZellOo .ea To supply and install one (1) 16" pressure reducing valve at Chandler Road / IH 35 with valve indicator and all associated couplings and controls to full operational condition in accordance with the plans and specification, complete -in -place for rya'+ rNO'&5,e" -fvJo NV�iVRED dollars and hl cents. $ IB , Zoo. $IB,Zoo.00 I TOTAL BASE BID: ,' STATEMENT OF SEPARATE CHARGES: $ Z'- 1 eo. ou Materials: $ ZD7, 660, 00 All Other Charges: $ 41, 14.1). o o Total: $ Z.4 i Soo.00 ( 1 If this proposal is accepte the undersigned agrees to execute the contract and provide necessary bonds I and insurance certification as per the Instructions to Bidders and commence work within ten (10) days ' a f ter written Notice to Proceed. The undersigned further agrees to complete the work in full within ninety (90) calendar days after the date of the written Notice -to- Proceed. II 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. LE14p ApOri pdM No, 1, i t f c S J 93 Respectfully Submitted, I t Tarry W. Jez President P.O. Box 2005, Round Rock, Texas 78680 li Title for Address JEZEK CONSTRUCTION CO., INC. 512 388 -2755 Name of Firm Telephone November 09, 1993 a • 1 1 II Date Secretary, if ntractor is a Corporation biddoc.wcv /specsm2 BD -7 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT THIS AGREEMENT, made and entered into this day of A.D. 19, by and between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of the First Part, hereinafter termed the OWNER, and "3 Cc „«, ;e,l of the City of 1:2 0(j , County of w,,,_, ( <,” , State of l Gans , Party of the Second Part, hereinafter termed Contractor. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by said First Party (Owner), the said 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 Bid dated 1\61. i . i q q 3 for certain improvements described as follows: 1993 Pumps and Control Valves Improvements The Contractor shall perform all work shown on the Plans and described in the Contract 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 10 consecutive calendar days after that date of the Notice to Proceed and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full within ninety (90) 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 bid, subject to additions and deductions, all as provided in the General Conditions of the Agreement. postb,d)b spocsm PBD -1 AGREEMENT - continued The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full: The Notice to Bidders The Instruction to Bidders The Bid and Bidding Sheets The Performance & Payment Bonds The General Conditions of Agreement The Special Conditions of Agreement The Technical Specifications Addenda Change Orders The Certificate of Insurance The Plans IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in multiple originals in the year and day first above written. By: Secretary, if Co ctor is a Corporation or otherwise registered with the Secretary of the State postbtd/b: specs PBD -2 By: Party of the F s ' art (Owner) Mayor - City of Round Rock By: f Party of the Second (Contractor) AC111t11/. CERTIFICATE OF INSU 1MDD y„ PRODUCER LEIBOWITZ HENDRICK INSURANCE 400 EAST CENTRAL AVE. P.O. Box 299 Belton, TX 76513 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A AMERICAN STATES INS. OF TEXAS INSURED JEZEK CONSTRUCTION CO. P.O. Box 2005 Round Rock„ TX 78680 COMPANY B AMERICAN CASUALTY CO. COMPANY C AMERICAN ECONOMY INSURANCE CO COMPANY D AMERICAN STATES INS. CO. COWS AGES THIS IS TO CERTIFY THAT THE 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR yypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE BAY/DD/YT POLICY EOFIRATION DATE (YY/DDMO UNITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIA&UTY 1CLANSMADE X OCCUR 04CCO374475 07/05/93 07/05/94 GENERAL AGGREGATE $ 100000C PNODUcTS- COMP/OPAGG $ 100000C PERSONAL &ADVINJURY $ 100000C EACH OCCURRENCE $ 100000C OWNER'S & CONTRACTORS PROT FIRE DAMAGE (Any one fire) $ 5000C MED DIP (Any ens p.non) $ 500C 7 5 X X X I FOMOBILE LABILITY AN VAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTO$ 02BA3481655 01/30/93 01/30/94 (OMBINmSINGLE UMIT $ 100000C BODILY INJURY (Per pews) $ BODILY INJURY accident) $ PROPERTY DAMAGE $ GARAGE _ LABILTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LABILTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ B WORKERS COMPENSATOR EMPLOYERS'UABIUTY THE PROPRIETOR/ PARTNERWEECUTWE OFFICERS ARE • AND — INCL IDOL WC001204908 07/15/93 07/15/94 X I STATUTORY UNITS EACHAC $ 100000 DISEASE - POLICY LIMIT $ 50000C DISEASE -EACH EMPLOYEE $ 100000 D OTHER INSTALL.FLTR 04CCO38126 -5 09/29/93 09/29/94 100,000. LIMIT DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS CITY OF ROUND ROCK IS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO POLICY. CER WFCATE HOLDDER CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 221 EAST MAIN ST. ROUND ROCK, TX 78664 CAiM[CEU,AflON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3.0_ DAYS WRITTEN NOTICE TO THE CERTIFICAIE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAN- SUCH NOTICE SHALL IMPOSE NO OBUGATON OR UABIUTY OF ANY KI D UPON THE COMPANY, RS AGENTS OR REPRESENTATIVE& AGORD 2S .3/93) Au R EM ` /I [ RD CORP0RABON 15 3 III DATE l I�COIt1I. CERTIFICATE OF INSURANCE 12/02/93 P RODUCER LEIBOWITZ HENDRICK INSURANCE 400 EAST CENTRAL AVE. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P.O. Box 299 COMPANIES AFFORDING COVERAGE Belton, TX 76513 COMPANY A AMERICAN STATES - DIRECT BILL INSURED JEZEK CONSTRUCTION CO. P.O. Box 2005 Round Rock„ TX 78680 COMPANY B CNA COMPANY C COMPANY D O0VERAGEB THIS IS TO CERTIFY THAT THE 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W L1Fi TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE (MM /DOPY/) POUCY EXPIRATION DATE (MM/DDMT UMITS GENERAL LIABILITY 04CCO374475 07/05/93 07/05/94 GENERAL AGGREGATE E 1000000 a 1000000 A ' X COMMERCIAL GENERALLUSIUTY PRODUCTS- COMP/OP AGG CLAIMS MADE I X I OCCUR PERSONAL &ADVINJURY $ 100000C OWNERS& CONTRACTOR'S PROT EACH OCCURRENCE — S 1000000 FIRE DAMAGE (Any one fire) $ 5000C MED EXP(My one Person) S 500C A ' AUTOMOBILE X UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 02BA3481655 01/30/93 01/30/94 COMBNED SINGLE UMIT $ 100000C BODILY INJURY (Per pBfB4n) BODILY INJURY (Per accident) 8 E PROPERTY DAMAGE ' ' GARAGE LABILITY AUTO ONLY . EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE 8 ' EXCESS LABILITY EACH OCCURRENCE 8 UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE 8 $ B WORKERS COMPENSATION AND EMPLOYERS' UADIUTY WC001204908 07/15/93 07/15/94 X STATUTORY UMITS EACHACCIOENT a 10000C T HE PPOPRIETOW OFFICERS E F7(ECU OFFICERS ARE __ INCL ECM. DISEASE - POUCY UMD 8 50000C DISEASE -EACH EMPLOYEE a 100000 ' OTHER / / / / / / DESCRIPTOR OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS 1 ICERTIFICkTE NOLAER CITY OF ROUND ROCK PUBLIC WORKS DEPT. I 221 EAST MAIN ST. ROUND ROCK, TX 78664 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 3�Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND U N PANT, I AGEN OR REPRES TATVES. A DRD 2041 I ii r AUTHORIZED REPRESS I • ACRID OCRI'+OAATION 1993 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Jezek Construction Co., Inc. of the City of Round Rock Count To l *. ic Williamson and State of naan Texas , as Principal, and Insurance co. authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Two Hundred Forty Eight Thousand Eight Hundred & 00 /0Qo11ars ($ 248, 800.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 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: 1993 Pumps and Control Valves Improvements NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statues 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. posihid/6:apecsm PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th 1993. at4EK GdrJS GD • r1 L. Principal By: PFe.stv�aT Title f.o. 6ox Zoos Address Dennis H. Moore posth d/b:sp,c m PBD-4 By: Title Address The name and address of the Resident Agent of Surety is : 500 N. Central Expwy, Suite 223 Plano, TX 75074 day of December Natiy_1 Pmer L Insurance Company Sur 17ennis H. Moore Attorney -in -fact 1008 Manvel Ave. g000t7 Roc* , T( 161 Chandler, OK 74834 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Jezek Construction Co. , Inc. , of the City of Round Rock County of Williamson , and State of Texas as Principal, and Inx e o. au orized 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, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two Hundred Forty Eight Thousand Eight Hundred and 00 /00 Dollars ($ 248,800.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 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 consisting of: 1993 Pumps and Control Valves Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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. postbid/b:zpecsm PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's 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 9th day of December , 1993. du-- Principal B (� 114 QrFhl96N'C Title eO. Fivx Zoos Dennis H.- More postbid/b:specsm LA &' W ..36 Address Address The name and address of the Resident Agent of Surety is : 500 N. Central Expwy, Suite 223, Plano, TX 75074 PBD -6 Nation Amer' I surance Company Sure By: Title Dennis H. Moore Attorney -in -fact 1008 Manvel Ave. Rc w �oGK ' (X 1$6.80 Chandler, OK 74834 NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY BOND NUMBER NBE 0 03256 PRINCIPAL NAME, ADDRESS CITY, STATE, ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETI PAPER WITH BROWN INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESEN FS That the National Amerman Insurance Company, a corporation duly organised under the laws of the State of Nebraska. having as principal office in the city of Chandler, Oklahoma, pursuant to the following resolution adopted by the Board of Directors of the stud Company on the 8th day of July, 1987, to wit thereto hy facsimile, and any such Power 01 Attorney or eel bean. such tae- "Rcsotvcd, that any odic. of the Company shall have =horny to make EFFECTIVE DATE execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such 1219193 persons, firms or corporations as may be selected from time to time Resolved that nothing in this Power of Attorney shall be construed as a grant of CONTRACT AMOUNT authority to the attorney(sl -In -(act to sign, execute, acknowledge, delver or other- wise issue a policy or policies of insurance on behalf of National American Insurance Company $ 248,800.00 Be It Further Resolsed, that the signature of any officer and the Seal 01 the BOND AMOUNT Company may he affixed to any such Power of Attorney or any certificate relating $ 248,800 00 mile signature m facsimile seal shall be rated and binding upon the Company and any such powcis so executed and certified by fa simile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which a Is attached." National Amencan Insurance Company does hereby make, constitute and appoint DENNIS H. MOORE, ATTORNEY-IN -FACT as true and lawtul attorneyls) -in -fact, with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and dehscr in as behalf, and its act and deed, as follows. The obligation of the Company shall not exceed one million (51,000.1100 00) dollars And to bind National American Insurance Company thereby as lolly and to the same extent as d such bonds and documents relating to such bonds were signed hy the duly authorized officer of the National American Insurance Company, and all the acts of said Auorneyis) pursuant to the authority herein gisen, are hereby ratified and confirmed IN WITNESS WHEREOF the National Amencan Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SS: JEZEK CONSTRUCTION CO., INC. P O Box 2005 ROUND ROCK, TX 78680 NATIONAL AMERICAN INSURANCE COMPANY 1 � y /cG>G W. Brent LaGere, Chairman & Chief Executive Officer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) On this 8th day of July. A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he Ls the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board nt Directors of said corporation and that he signed his name, thereto by like order. Public Notary STATE OF OKLAHOMA ) My Commission Expires August 30, 1995 COUNTY OF LINCOLN I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 9 day of DECEMBER , 19 93 Winifred E. Mendenhall, Assistant Secretor) t ?X1a93 J y NAI NB600S258 MF 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 policies are noted on the reverse side hereof. TYPE OF INS. Workmen's Compensation Comprehensive General Liability Includes Contractual Liability Covers Independent Contractors Owner's Protective Contractors postbid/b:specsm CERTIFICATE OF INSURANCE POLICY El k ECTIVE NO. DATE PBD -7 Date: Description of Work EXPIRATION DATE LIMITS OF LIABILITY Statutory, State of Texas, $ Employer's Liability Bodily Injury $ /person $ /person Property Damage $ /accident $ aggregate Bodily Injury $ /person $ /accident Property Damage $ /accident $ aggregate Certificate of Insurance (continued) Comprehensive Bodily Injury Automobile $ /person Liability $ /accident Owned Vehicles Property Damage Hired Vehicles Non -owned Vehicles Includes Contractual Liability Contractual Liability $ /accident The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than thirty (30) days after the insured has received written notice of such change or cancellation. The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage afforded by policy or policies indicated by this certificate. postbid/b:specsm Name of Insurer By: Title: Address: PBD -8 1 MAINTENANCE BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this day of , A.D. nineteen 1 hundred and WHEREAS, the said Principal has heretofore entered into a contract with 1 Dated , 19 , for construction of WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of 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 OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas 1 1 postbidlb:specsm PBD -9 MAINTENANCE BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Principal Surety By By postbid/b:specsm PBD -10 4.0 GENERAL CONDITIONS 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 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 General Conditions of Agreement 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 Workers 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 geacoad.m3Uryec GC -1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 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 3.13 - Protection Against Claims of Subcontractors, 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 3.21 - Testing of Materials 3.22 - Wage Rates 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 goacond.msthrpec GC -2 1 1 1 1 1 1 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 Continuing Performance 6.06 Arbitration 7. Abandonment of Contract 7.01 Abandonment by Contractor 7.02 Abandonment by Owner 8. Subcontractors 8.01 Award of Subcontract for Portions of 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 Contractors 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 gcncood.mst/ p c GC -3 1. Definition of Terms General Conditions of Agreement 1.01 Owner, Contractor and Engineer gcacoad.maNapee The Owner, the Contractor and the Engineer and those persons or organization identified as such in the Agreement and are referred to throughout the contract Documents as if singular in number and masculine in gender. The term Engineer means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents 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, Bid, 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 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 Contract documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Bid, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 Subcontractor The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to 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. GC-4 1.05 Written Notice 1.06 Work ge"ee"d.msispee Written notice shall be deemed to have been duly served if delivered in person to the individual 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. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, 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 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 Bid, except as provided under "Changes and Alteration," 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 occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. GC -5 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 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 instructions 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 Contractor, 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 gcacoad.msUryec The Engineer shall review Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to Contractor in such amounts; such recommendation of payment to Contractor constitutes a representation to the Owner of Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to Contractor shall not be deemed as a representation 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. GC -6 2.04 Initial Determinations gmcodd.m.t/.pc 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 (10) days. Appeal to arbitration upon mutual agreement may be taken as if his decision 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 accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) 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 GC -7 gmcma.mslr.pce employees and other persons, as well as for the protection and 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 information 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 drawings 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 performed, 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 completed 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 effect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No GC -8 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 Workers The Contractor agrees to employ only orderly and competent workers, 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 workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker 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 $500.00 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 gaccad.mg/sp c The building of structures for housing workers, 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. All structures shall meet Local city building codes. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, 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 (4) checked copies, unless otherwise specified, of all shop and /or setting 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 corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review 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 responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully GC -9 gmcmd.m,n.px 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 general conformity of said shop drawings 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 relation 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, GC -10 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 geacaad.vutlspcc 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 expense incurred in preparation 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 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 Contractor 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. Suchinspector may confer with the Contractor or Contractor's superintendent concerning the prosecution 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 Engineer or Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor 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 GC -11 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 stop the Owner or Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable 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 (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings gcueood.maVspee 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 therefore 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 modification thereof and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location of 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. GC -12 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.05 Collateral Contracts gcaeond.Enstispee 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 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. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies found in the contract. 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 for construction, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion 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 materials, 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, omission, 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 of employees and others on or near the work and shall comply with all applicable provisions GC -13 1 1 1 1-: 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 grmwd.mgUryx 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. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the Parties to the Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. If the contract price is less that $50,000.00, a letter of credit may be furnished in lieu of a performance bond. It is agreed that the Contract shall not be in effect until such performance bond or letter of credit, and payment bond are furnished and approved by the owner. Unless otherwise specified, the cost of the premium for the performance bond or letter of credit, and payment bond shall be included in the price bid by the Contractor for the work under this Contract, and no extra payment for such bond or letter of credit will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds or letter of credit shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and shall be licensed to write such bonds or letters of credit in the State of Texas. 3.11 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 GC -14 geneand.meu.pcc by the Contractor at his own cost and expense. 3.12 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 construction; 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 Subcontractors, 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 the lawful demands of Subcontractors, laborers, workers, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, 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 copyright 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 Owner; provided, however, GC -15 gcacoad.msthpcc if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be 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, ordinance 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, ordinances, 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 necessary changes shall be prepared as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without 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 contract, shall-not relieve the Contractor from his full obligations to the Owner, as provided by this Agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements 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: GC -16 gm<md.maNspx 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 of 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 Subcontractor, any Sub - subcontractor or 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 of maps, plans, reports, surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such 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 obligation 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 Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance 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. 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. GC -17 • 1 1 1 1 1 1 1 gc d.mathpcc 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 minimum limits of $50,000 for each occurrence. Contractor shall require subcontractors 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 required insurance and until such insurance has been approved by the Owner and Engineer. The Contractor 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 insurance 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 location 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 GC -18 3.21 Testing of Materials gwwod.mel/.px 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 discovered 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. 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 acceptance 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, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates Contractors are required to pay the prevailing wage rates to laborers, workmen and mechanics employed on behalf of the city engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to contractors and subcontractors. The contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. GC -19 4. Prosecution and Progress 4.01 Time and Order of Completion ymco"d =sUspec It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor 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 completion designated in the Bid: 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 unavoidable 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 compensate 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. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and 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. GC -20 5. Measurement and Payment 5.01 Quantities and Measurements 5.02 Estimated Quantities ;encend.maJryec No extra or customary measurements of any kind will be allowed, but the actual measured and /or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 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 approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the bids 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 material furnished. 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 bid; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to 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 bid that has a total cost equal to or greater that five (5) percent of the total contract cost, computed on the basis of the bid 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 embraced 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 Bid hereto attached, which has been made a part of this GC -21 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 gmc"nd,maV.pec 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 statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and 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 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may by 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, and 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 conditions 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 portions 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 "substantially 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 completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of GC -22 a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 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 Contact Documents, the Engineer 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 Contractor or to advise the Contractor in writing of the reason for non - acceptance. 5.07 Final Payment 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: geeceod.msv.pee Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and 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 fulfillment of any warranty which may be required. 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 the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. GC -23 f) Reasonable indication that the work will not completed within the contract time. g) Other causes affecting the performance of the contract. 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 statement, 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 1 Contractor of his obligations to fully and completely perform hereunder. 1 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. 1 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 1 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 goa.Wd.m.V.pec GC -24 1 Contractor believes that any minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an increase 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 emcod.mw.p 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 transportation 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 GC -25 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 available 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 incorporated in the Written Extra Work Order. The fifteen (15 %) percent 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 primarily 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 provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 Time of Filing Claims g od.mu.p 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. GC -26 0 1 6.05 Continuing Performance I The Contractor shall continue performance of the contract during all disputes or disagreements with the Owner. The production or delivery of goods, the furnishing of services and the construction of projects or facilities shall not be delayed, prejudiced or 1 postponed pending resolution of any disputes or disagreements, except as the Owner may otherwise agree in writing. 1 6.06 Arbitration I 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 I 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 I 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 I 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. 1 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 I 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. 1 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 II 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 1 charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. Abandonment of Contract 1 7.01 Abandonment by Contractor I In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails ' gacood.matlpx GC -27 1 gmcood.mattapcc to comply with the orders of 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 machinery, 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 Contractor, 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 therefor. 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. GC -28 1 1 1 1 1 1 1 1 t 1 1 1 1 1 g cood.mst/cpee When the work shall have been substantially completed the Contractor and his Surety shall be so notified 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 Contractor 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 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 bid 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 GC -29 1 1 1 1 1 1 1 r 1 1 1 1 1 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 ccd.mu.pec 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 acceptance 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 Subcontractor 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 designated, 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 submitted by the Contractor in response to the requ 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. GC -30 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 1 1 1 gcacood.mauapcc 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. 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 Subcontractors and Sub - subcontractors) which shall contain provisions that: (1) 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 Documents; (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 completed, less the retained GC -31 1 1 1 1 1 1 • 1 1 1 • • 1 1 1 1 9. Separate Contracts 9.01 Owner's Right to Award Separate Contracts 9.02 Mutual Responsibility of Contractors g .cond.msVgpx 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. 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. 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 coordinate his work with theirs. 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 to so 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 he 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. GC -32 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 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: g d.mg/.p The Contractor shall be responsible for any cutting, fitting and patching that may be required to complete 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. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. (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 on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - Subcontractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, fences, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 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. GC -33 geucood.maIhpoc 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 Owner 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 explosives. If Blasting is covered under the Contractors 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 approval 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 5, Section 5.200, of the City Code. 6. The Director of Engineering or his representative shall have the right to limit the use of explosives and/or blasting methods which in his opinion are dangerous to the public or nearby property of any kind. 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 GC -34 gcaccad.msNgxc blast and initials of the Inspector. The Contractor is fully responsible 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 Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any degree to the fault or negligence of the Contractor. 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 designated 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 -35 5.0 SPECIAL CONDITIONS SECTION 01- INFORMATION 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 01 -05 LOCATION spauud/b:sp c m 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 days of herein agreed upon for the completion of the work herein specified and contracted for, after due allowance for such extension of time as is provided for under the provisions of Section 4.02 of the General Conditions, the Owner may withhold permanently from the Contractor's total compensation, not as penalty but as liquidated damages, the sum of $100.00 per calendar day. The location of work shall be as mentioned in the Notice to Bidders and as indicated on Plans. SC -1 01-06 USAGE OF WATER All water used during construction shall be provided by the City. The City shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 01 - 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. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. 02 -02 UTILITY SERVICES FOR CONSTRUCTION specomi/b:specsm The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 02 -03 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract SC -2 1 1 1 1 • 1 1 • 1 1 1 1 1 02 -04 MINIMUM WAGE SCALE 02 -05 LIMIT OF FINANCIAL RESOURCES specond/b:specsm for the period that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment 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. Contractors are required to pay the prevailing wage rates to laborers, workmen and mechanics employed on behalf of the City engaged in the construction of public works. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to contractors and subcontractors. The contractor and subcontractors shall keep and make available records of workers and their wages. Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor Statistics, Southwestern Division and the Texas Employment Commission for the Austin Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the U. S. Department of Labor, Employment Standards Administration, Wage and Hour Division. There is penalty of $10.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the contractor or any subcontractor. 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 anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner re ° serves 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. SC -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 02 -06 CONSTRUCTION REVIEW zpecOOd/b:spttsm 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 proposal 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. 02 -09 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts 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 done, right -of -way for access to same and such other lands which are SC-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 speconaPo:apeosm 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 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. 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. This item shall not be paid for separately and shall be considered subsidiary to other bid items. 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 to other bid items and no additional compensation shall be given for complying with this Special Condition. SC -5 SECTION 04- MAINTENANCE BOND A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. SECTION 5 INSURANCE 'pecand/b:apccsm 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 following types and amounts for the duration of this Contract, which shall include items owned by Owner in care, custody and control of Contractor prior and during construction and warranty period, and furnish Certificates of Insurance along with copies of policy declaration pages and all policy endorsements as evidence thereof: a. Statutory Worker's Compensation and minimum $100,000 Employers Liability Insurance. b. Commercial General Liability 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 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 for such improvements. Owner and SC -6 specoad/b:specsm Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by Builders Risk Insurance required under this section, except as to such rights as they may have in the proceeds of such insurance. Contractor shall require similar waivers by Subcontractors and Sub - subcontractors. e. Owner and Contractor's Protective Policy. The Contractor shall provide and maintain during the life of this contract and until all work under said contract has been completed and accepted by the Owner, an Owner's and Contractor's Protective Policy which co- insures the Owner and the Owner's agents and employees with the same Commercial General Liability coverage as described above, entitled "Commercial General Liability Insurance." When offsite storage is permitted, policy will be endorsed for transit and off site storage in amounts sufficient to protect property being transported or stored. This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors and Sub - subcontractors in the work, as their respective interest may appear. If insurance policies are not written for amount specified in b. and c. above, Contractor is required to carry an Excess Liability Insurance Policy for any difference in amounts specified. Contractor shall be responsible for deductibles and self insured retentions, if any, stated in policies. Any self insured retention shall not exceed ten percent of minimum required limits. All deductibles or self insured retentions shall be disclosed on Certificate of Insurance required above. Contractor shall not commence work at site under this Contract until he has obtained required insurance and until such insurance has been reviewed by Owner's Contract Administration Office. Contractor shall not allow any Subcontractors to commence work until insurance required has been obtained and approved. Approval of insurance by Owner shall not relieve or decrease liability of Contractor hereunder. Insurance to be written by a company licensed to do business in the State of Texas at the time policy is issued and acceptable to owner. SC -7 r 1 1 1 1 1 1 i 1 1 1. 1 1 1 1 a pecoml/b:specsm Contractor shall produce an endorsement to each effected policy: 1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as additional insured (except Workers' Compensation and Builders Risk). 2. That obligates the insurance company to notify Joanne 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 canceled nor permit any insurance to lapse during term of this Contract or as required in the Contract. If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to, or coincident with, the date of this Contract and the Certificate of Insurance shall state that coverage is 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, an advance of the retroactive date, cancellation and /or renewal. • It is also agreed that Contractor will invoke the tail option at request of Owner and the Extended Reporting Period (ERP) premium shall be paid by Contractor. Owner reserves the right to review insurance requirements of this section during effective period of the Contract and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions or the claims history of the industry as well as Contractor. SC -8 SECTION 6 PAYMENT 5.04 specond/b:spxsm Owner shall be entitled, upon request, and without expense, to receive copies of policies and all endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter on any of such policies. Actual losses not covered by insurance as required by the section shall be paid by Contractor. Section 5.04 and 5.07 of the General Conditions is hereby amended to include the following: All payments shall be presented to the City Council for approval on the second Thursday of each month. The Engineer shall submit the approved statement to the City on or before the Friday preceding the second Thursday of the Month in which payment is to be made. Payment will normally be made the Friday of the week following the week of the scheduled meeting of the City Council. The payment will be the total amount of the approved statement, less ten percent (10 %) of the amount thereof, which ten percent (10 %) shall be retained until final payment, and further less all previous payments and all future sums that may be retained by the Owner under the terms of the 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, and 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 conditions stated under "Final Payment" (paragraph 5.07). 5.07 FINAL PAYMENT Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare final statement for the value of all work SC -9 specond/6:specsm performed and materials furnished under the terms of the Agreement and shall certify same to the Owner. The Application for Final Payment will be submitted to the City Council for approval on the second Thursday of the month immediately following the receipt of the Application of Final Payment. Payment will normally be made the Friday of the week following the week of the scheduled meeting of the City Council. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. SC -10 6.0 TECHNICAL SPECIFICATIONS Section 01: Booster Pump TS -1 Section 02: Installation of Vertical Turbine Pumping Units (Booster Pump Station) Section 03: Raw Water Pump Section 04: Water Pipelines, Fittings, Valves,and Appurtenances Section 05: Water Plant Flow Control Valves Table of Contents Section 06: Pressure Reducing Valve at Chandler Road and HI 35 Section 07: Pumping Station Electrical Specifications TS - 5 TS -6 TS -11 TS -13 TS -14 TS -15 Section 01 Booster Puma: A. General - Furnish one (1) complete pumping unit: Pump #6 tuspcc.wcv /,pecsm 1. The unit to consist of vertical turbine pump, hollow shaft motor; and steel suction case. 2. Pump manufacturer to be Byron Jackson, motor to be U.S. Motors. 3. Installer of pumps shall have experience in installation of vertical turbine pumps for the last five (5) years. 4. Selection of pump shall be 18" KXH -2 stage, (141' /stage) with bronze impellers, as manufactured by Byron - Jackson. B. Performance - Units to meet the following conditions at rated point: Capacity. GPM TDH. FT Rating Design Point 4200 282 1,770 84% Motor Characteristics 1. Power Supply - 480 volts, 3- phase, 60 Hz Minimum Speed, RPM Pump Efficiency 2. Motors - High thrust, vertical hollow shaft, 1,800 RPM, 1.15 service factor, Design B, WP -I enclosure. Motor shall be 400 H.P. SRC with 120 V(288 WATT) heater. 3. A time -delay relay (0 -10 minute range) will be provided for the pump motor to prevent the motor from starting until a pre -set number of minutes have elapsed after motor stops. For pump start -up, set relay on a 3- minute setting. TS -1 C. Booster Pump Control Valve: The Contractor shall furnish and install one (1) automatic pump control valve in accordance with the Plans. The valve shall be 12" Model 60G -73AB, with a back - pressure feature as manufactured by CIa -Val Co. Each valve shall be equipped with two level type, spring return, DPDT microswitches to indicate full open and full closed positions. Each valve will be globe type with 125# flanged ends and cast iron body and cover. The valve trim shall be of brass and bronze material. The valves will perform three (3) function as follows: 1. Function as check valve when pump is off. 2. Maintain a constant minimum back pressure by throttling action for controlling the pump flow rate. 3. Closes off when solenoid is activated from the electrodes in the clearwell at the Water Treatment Plant via telemetry signal. Opens when solenoid is activated from the pump -on electrode in the tank. The solenoid valve will be rated to receive a 115V., single phase, 60 cycle control signal and shall be explosion - proof and water resistant. Provide four (4) hours start-up service by factory trained representative for control valve. Vertical, Turbine Pumps, Closed Coupled - (Booster Pump Station) 01 -01 General Furnish pumps in quantity and performance designated. Pumps to be water lubricated, open shaft construction and with design features and materials specified below. 01 -02 Pump Head Fabricated steel, Class 30, above base discharge with A.S.A. 125 -1b. flanges, bolted base for mounting on existing fabricated steel suction case. Include 3/16 -inch rubber gasket; design for 75 -foot static head. Equip with lifting lugs or eyes. taspa.wcv /spasm Contractor to match existing flange holes with proposed pump head flange. TS -2 01 -03 Bowls, Suctions, and Discharge Pieces Gray cast iron, Class 30, tongue and groove fitted for accurate alignment. Suction bell contoured for gradual change in velocity, fitted with SAE 64 bronze bearing. Discharge piece or last stage bowl fitted with SAE 64 bronze bearing. Impeller shall include renewable cast -in -place wear rings. 01 -04 Impellers Semi - closed or enclosed, non - coated cast bronze, SAE 40, sandblasted before machining, hand - filled, polished, dynamically and hydraulically balanced. Fasten to shaft with tapered collects, AISI, Type 316 stainless steel. 01 -05 Impeller Shaft Stainless steel AISI, Type 416, oversized to eliminate distortion. 01 -06 Bearings Combination bronze and neoprene cutless rubber on each side of each impeller. shaft bearings - neoprene in SAE 64 bronze guides. 01 -07 Discharge column Assembly tecspcc.wcvlspecsm Shaft: AISI C -1045 with AISI, Type 303 stainless steel sleeves at bearings. Coupling, threaded type, AISI B -1113 steel, cold drawn. Oversized to eliminate distortion. Extended shaft for use with hollow -shaft vertical motor. Shaft may be Type 416 stainless steel without sleeves. Column and Coupling: Threaded, Connection, forged steel coupling, A -53 steel pipe. Glands and Seals: Combination grease and water lubricated packing gland; class 30 cast iron packing box, SAE 64 lantern ring and packing gland; seal by -pass discharged to suction case; Alemite fitting for grease line; all components of non - corrosive material. 01 -08 Factory Painting Discharge head to be primed with Sherwin- Williams Kem A and A Epoxy Enamel Primer and cover coated with S -W Kem A and A Epoxy Enamel, light gray. Outside the bowl and column assembly coated inside and outside with two coats obtaining a combined dry coating of 10 mils of Koppers Co., Inc., Poxitar applied in accordance with manufacturer's printed technical data bulletin. Equivalent coatings will be accepted subject to approval. TS -3 1 1 1 1 1 1 1 1 1 1 s 1 1 1 1 1 1 1 1 01 -09 Performance Tests tecapee.wev /spccsm Distributor of pumps will perform field tests at place of installation witnessed by Owner's inspector. Furnish certified test report in triplicate. Plot sufficient points to show conditions at cut -off, rated point, and minimum head at which pump operates without vibration and cavitation. Performance test curves to show TDH, capacity, efficiency, and brake horsepower. 01 -10 Data To Be Furnished Furnished in triplicate for approval: (a) Certified performance curves showing TDH, capacity, efficiency, brake horsepower, and operating speed. (b) Outline dimensions, complete description and construction details, and complete materials specifications for parts, and coating. (c) Tabulated Data: Rated TDH, capacity, and BHP Rated operating speed Maximum combined hydraulic and static thrust (d) A statement of equipment warranty (e) A statement of guarantee of pump field efficiency at design point. (f) A statement of full compliance with the specifications. If there are any deviations, they shall be listed. (g) Furnish three bound sets of operation and maintenance instructions, drawings, curves, and parts lists of pump and accessories 01 -11 Measurement and Payment Measurement and payment for pump, valves, and associated appurtenance and installation shall be paid for at the bid price detailed in the contract bidding sheets. TS -4 Section 02 - Installation of Vertical Turbine Pumping Units (Booster Pump Station) 02 -01 Description This item covers methods and procedures for installing vertical turbine pumps. 02 -02 Setting pump and Motor The Contractor shall carefully align and set pump bowls and pump head. The pump shaft shall be properly aligned and secured according to pump manufacturing recommendations. The pump head shall be checked for alignment to existing downstream 12" valve. Pump motor shall be positioned as recommended by manufacturer. Align and carefully positioned prior to connection to pump shelf. 02 -03 Special Precautions Check setting impellers and make sure rotating elements are free before turning on power. Check rotation of motor with pump drive disconnect. 02 -04 Manufacturer's (supplier's) Verification Prior to start up and test run the Contractor shall arrange a pump inspection from the supplier or it's representative. An authorization or approval letter shall be given to the Owner prior to starting the installation meets with their satisfaction. 02 -05 Measurement and Payment txspec.wevlspecsm No separate payment for work performed under this item. Include cost of same in Contract price bid for item of work of which this is a component part. TS -5 Section 03: Raw Water Pump A. General - Furnish one (1) complete pumping unit; Pump No.6 1. Manufacturer to be Byron- Jackson. 2. Installer of pumps shall have experience installation of submersible turbine pumps for last five (5) years. 3 Pump shall be Model No. 18 "KXH, 2 -stage (150' /stage), as manufactured by Byron- Jackson. 4. The material from the 'pump -can' surface plate to the end of the 'pump -can' shall be furnished from one supplier only. This includes in- general, motor, pump, casing, pump column, surface plate and 12" -22 degree flanged fitting. B. Performance - Units to meet the following conditions at rated point: Capacity, GPM Rating Design Point Minimum TDH. FT Speed, RPM Pump Efficiency 4,200 300 1,770 83.0% Motor Characteristics & Miscellaneous 1. Power Supply - 2,300 volt, 3- phase, 60 HZ. 2. Motor - 400 HP, 1800 RPM mechanical sealed submersible motor for "Lay - Down" service with fins for 20" O.D. pipe (sch 40), 1.15 service factor. 3. A time -delay relay (0 -10 min range) will be provided for each pump motor to prevent the motor from starting until a pre -set number of minutes have elapsed after motor stops. For pump start -up, set relay on a 3 -min setting. tcespec.wcv /speesns TS -6 B -1 Miscellaneous The following items describe in- general, a partial list of required equipment to be supplied and installed: A. Item of oil tank, S.S. tubing (140' ±) and oil. B. Flat cable assembly. C. Surface plate assembly with 12" X 22 -1/2 degree flange elbow discharge, submersible cable outlet, oil tube outlet, vent outlet, drilled to match 30" flange. D. Item of SS bandit bands and buckles. E. Item of fabricated steel pipe w /flanges, 12 "flex coupling and anchor rods, flange bolts and gasket sets. F. 1" & 2" APCO (SS trim), combination air & vacuum valve assembly. C. Raw Water Pump Control Valves: The Contractor shall furnish and install one (1) automatic pump control valve in accordance with the Plans. The valve shall be 12" Model 60G -73AB, with a back - pressure feature as manufactured by Cla -Val Co. Each valve shall be equipped with two level type, spring return, DPDT microswitches to indicate full open and full closed positions. Each valve will be globe type with 125# flanged ends and cast iron body and cover. The valve trim shall be of brass and bronze material. teespec.wcv /specsm The valves will perform three (3) function as follows: 1. Function as check valve when pump is off. 2. Maintain a constant minimum back pressure by throttling action for controlling the pump flow rate. 3. Closes off when solenoid is activated via telemetry signal. Opens when solenoid is activated from the telemetry signal. The solenoid valve will be rated to receive a 115V., singlephase, 60 cycle control signal and shall be explosion -proof and water - tight for submersible service. Provide four (4) hours start -up service by factory trained representative for control valve. TS -7 03 -01 General Submersible Raw Water Pumps and Motors Turbine -Type Furnish pumps and motors in quantity and performance designated in the preceding Section. The pumps and motors shall be constructed with the design features and materials specified below. The following information shall be submitted with motor drawings for review: 03 -02 Submersible Turbine Pump The pump covered by these Specifications shall be of the multi -stage type. The bowls shall be of Meehanite, free of blow holes or sand holes and other defects - - and each bowl shall be fitted with a bronze sleeve type bearing. The impellers shall be of bronze of the closed type and shall be statically balanced. The shaft shall be of stainless steel. The top case of the bowl assembly shall contain an extra long bronze sleeve bearing surrounded by a grease chamber and filled with special hydraulic grease with a life of from ten to fifteen years. A strainer and water intake shall be built into the lower part of the bowls in which shall be mounted two long bronze guide sleeve bearings. The stainless steel shaft shall protrude through the strainer and shall be equipped with a suitable jaw type coupling for connection to the submersible motor. 03 - Submersible Motor (400 HP) P -6 tecspee.wev /spasm (a) Name of Motor (b) Horsepower (c) Phase (d) Efficiency at 1/2, 3/4, Full Load (e) Voltage (f) Power Factor at 1/2, 3/4, Full Load (g) Speed (h) NEMA Design Starting Torque (i) NEMA Frame and Dimension (j) Full Load Current (k) Locked Rotor Current The submersible motor shall be 400 hp, of the completely enclosed type for continuous duty under water operation on 2,400 volt, 60 cycle, 3 -phase alternating current. The motor shall be equipped with mechanical seal suitable for lay -down service, or an approved equal. TS -8 The motor shall be filled with a high dielectric strength "food grade" oil and the oil shall be circulated throughout the motor for cooling the rotor, stator winding and bearings. Bronze sleeve bearings shall be provided at each end of the rotor and a pivot shoe type thrust bearing shall carry the weight of all rotating parts and the hydraulic thrust of the pump. The motor shall contain a balance tube from the bottom of the motor into the motor shaft coupling compartment above the motor. The balance tube shall cause a hydrostatic balance between the water outside and the oil within the motor. 03 - 04 Pipe Column and Pump Casing There shall be furnished under these specifications approximately 125 feet, (see Plans) of 12" standard pipe column, Schedule 40, in random lengths. Pump casing shall be 20" O.D. with slotted intake pipe,supports and rollers. Pipe column and pump casing shall be integrally connected. 03 -05 Power Cable 03 -06 Surface Plate On End Of Pump Casing 03 -07 Guarantees tecapcc.wcv /apecam There shall be furnished under these Specification a sufficient amount of power cable of proper size and voltage to reach from the motor terminal connection cable and shall extend not less than 20 feet outside of pump casing in pipe and valve vault. The cable shall comply in every respect to the electrical code as adopted by the City of Round Rock. The cable shall have three (3) conductor to be in an insulating water -tight synthetic rubber or plastic jacket; the whole to be enclosed in an outer synthetic rubber or plastic jacket which shall be impervious to oil. The cable shall be supported on the column pipe by suitable non - corrosive means at intervals not exceeding fifteen (15) feet. The surface plate assembly shall be sized by the pump supplier and shall carry • the weight of the complete pumping unit. The successful bidder under these Specifications shall submit complete shop drawings and diagrams of the equipment including performance curves showing the guaranteed performance characteristics of the pump to be furnished. The pump curves shall show the head capacity, pump efficiency, overall efficiency, brake horsepower, and horsepower input, over the complete range of the bowl assembly. TS -9 tecspee.wcvlspecsm The equipment covered by these Specifications shall be guaranteed against defective parts due to faulty material or workmanship for one (1) year after date of final acceptance. Each bidder shall guarantee to replace any defective parts within the period of time specified. 03 -08 Measurement and Payment Payment for work performed under this item shall include cost of same in contract bid prices for the item of which this work is a component. TS -10 SECTION 04 - Water Pipelines. Fittings. Valves. and Appurtenances 04 -01 Description 04 -02 Materials - Pipe teespec.wcv /specam This section of the Specifications shall govern for all materials incorporated in the work as pertains to construction of water pipeline and appurtenances. 04 -02.01 All pipe shall be of domestic origin unless satisfactory warranty is provided. 04 -02.02 Steel Pipe 04 -02.03 Galvanized Iron 04.02.04 Cast Iron 04 -02.05 Ductile Iron 04 -02.06 Steel pipe shall conform to current AWWA Standards C201 and C202. Galvanized iron pipe shall be standard strength, threaded and coupled. Cast iron pipe shall conform to current AWWA Standards C106 or C108 and shall be thickness Class 22 and pressure Class 150 except where otherwise shown. All cast iron pipe shall be cement mortar lined in accordance with AWWA C104. Exposed plant piping shall be flanged and buried pipe shall be push -on joint, except where shown otherwise on the Plans. Fittings for buried pipe may be mechanical joint or push -on joint, unless shown otherwise on the Plans. Ductile iron pipe and concrete steel cylinder pipe shall conform to current AWWA Standards for pressure class as shown on the Plans. Copper Copper pipe shall conform to ASTM Specification B88 for Type TS -11 04 -03 Materials - Valves tccspec.wcv /specaro K seamless annealed. Underground piping shall be joined with flared fittings. 04 -02.07 Flexible Couplings (FC) Shall be sleeve -type, with the stop removed in the middle ring. Couplings located underground shall be Smith -Blair 431 for the sizes provided therein. Otherwise, underground couplings shall be Smith -Blair 411 or Dresser Style 38 with a fusion epoxy coating. Above ground couplings shall be Smith -Blair 451 or Dresser Style 38. 04 - 02.08 Flanged Coupling Adapters (PCA) Flanged coupling adapters, with anchor studs and /or harnesses as indicated on the Drawings, shall be Smith -Blair 912 or Christy Metal Products, Inc., Type 2011 for nominal diameters from 3 to 12 inches. For diameters greater than 12 inches, adapters anchorage across flexible coupling with bent rods will not be permitted. Butterfly valves shall conform to AWWA Standard Specifications C504 -80 rubber seated butterfly valves. Butterfly valves above 8" shall have worm gear operator and handwheel. Gear operators shall be by Limetorque or approved equal. Corporation stops shall be bronze, conform to current AWWA Standards, and be equal to those as manufactured by Hays, Mueller, or Ford. Four inch (4 ") air release valves shall be the float and lever type as shall be APCO 149 -C or approved equal. 04 -04 Granular Material for Pipe Bedding and Pipe Zone Backfill Granular material for pipe bedding and pipe zone backfill shall be produced from crushed limestone or pit run coarse sand. River sand will not be permitted. The maximum particle size shall not exceed one -half inch (1/2 ") and the material shall not contain excess fine material which would cause it to become muddy when saturated or "set -up" when dried. Limestone screenings or quarry waste will not be permitted. TS -12 tecsprx.wcv/specsm 04 -05 Pipe Insulation Gravel, crushed gravel, crushed slag or crushed stone clean of clay, slate, schist or soft particles of sandstone. Maximum percent of wear, 35% as determined by test method Tex - 410 -A. Gradation as follows: Retained on 1/2" sieve 0 Retained on 3/8" Sieve 0 -20 Retained on No. 4 Sieve 65 -100 Retained on No. 10 Sieve 98 -100 Submit sample to the Engineer for approval prior to starting construction. 04 -05.1 Heat Tracing 04 -06 Measurement and payment When required on Plans, furnish and install on pipeline or equipment an electric heat tracing system consisting of a flat, flexible, low heat- density electrical heating strip of self - limiting parallel- circuit construction consisting of an inner core of conductive material between two parallel copper bus strips. The strip shall be cut -to- length in field and installed on pipelines and equipment as required. The electrical insulation of the heater strip shall be rated at 185 °F minimum temperature exposure and shall be suitable for 115V. NEMA VI, submersible heat tracing system shall be complete with all necessary power connections, end seals, adjustable thermostats and electric- traced signs, per manufacture's installation instructions. Measurement and payment for water pipeline, fittings, valves, and appurtenances shall be included in the lump sum price bid on the contract for the item of work of which this is a component part. TS -13 Section 05: Water Plant Flow Control Valve: 05 -01 General The Contractor shall furnish and install one (1) automatic flow control valve in accordance with the Plans. The valve shall be 16" Model 43G -01AB with a solenoid shut off feature as manufactured by CIa -Val Co. The valve shall be equipped with solenoid controls to accurately maintain a 3.0, 6.0, or 9.0 MGD flow setting. Each valve will be globe type with 125# flanged ends and cast iron body and cover. The valve trim shall be of brass and bronze material. Pilot control shall be for 30 to 300 psi range. The control valve shall be supplied with an orifice plate sized for a minimum flow rate of 2100 GPM and a maximum flow rate of 8400 GPM. Provide four (4) hours operation /maintenance training by factory trained representative for control valve. 05 -02 Miscellaneous Equipment The 16" flow control valve shall be supplied with the following equipment. A. Flow clean strainer. B. Shut off cocks. 05 -03 Existing Control Valve The Contractor shall remove the existing Baily Valve and deliver the valve to the pump maintenance building located at the water plant. 05 -04 Control Wiring The Contractor shall run new control wring as indicated on the plans. The wiring shall be THHN stranded type, sized for each control point. Color code all wiring loops. 05 -05 Measurement and Payment tecspec.wcv /spasm Measurement and payment for valve installation and associated appurtenance shall be paid for at the lump price indicated in the bid contract form. TS -14 Section 06: Pressure Reducing Valve at Chandler Road and 113 35 06 -01 General 06 -02 Product Type The Contractor shall fumish and install a new 16" pressure reducing valve at the location specified on plans and in accordance with the specifications. The valve shall be manufactured by Cla - Val Co. Provide four (4) hours operation /maintenance training by factory trained representative for control valve. The 16" PRV shall be a Cla -Val model 690G -01 with 20" flanges. The valve shall be supplied with the following options: A. Flow clean strainer. B. Valve position indicator (x101). The valve shall be a globe class 125 with bronze trim. Pilot control shall be for 30 to 300 psi range. The valve shall be supplied with a single pole double throw switch, submerged proof to 8 foot depth. 06 -03 Special Consideration 06 -04 Measurement and Payment Measurement and payment for valve installation and associated appurtenance shall be paid for at the lump price indicated in the bid contract form. tccspec.wcv/spccsm The installation of this valve shall require close coordination with the Owner. The Contractor shall provide the Owner with five (5) days advanced notice of intended construction activity. The Contractor shall arrange to have all material and equipment on -site prior to shut -down of the valve. The existing valve shall be delivered to the pump maintenance building located at the water plant. TS -15 SECTION 07: PUMPING STATION ELECTRICAL SPECIFICATIONS PART 1 - GENERAL 1.01 SCOPE OF WORK tecspcc.wcv /spccsm 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, inspection fees, and taxes. B. Include temporary electrical power and lighting that will be required for the interior of the buildings. Provide lighting to satisfy OSHA requirements. C. Refer to Civil plans for additional details which will affect electrical work. 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. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Provide electrical connections and service to items described in all other sections of these specifications. 1.03 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. 1. Should the drawings disagree in themselves, or with the specifications, the better quality or greater quantity of work or materials shall be used. B. Substitutions 2. Unless otherwise indicated, base bid on the equipment shown on the on the Drawings and hereinafter specified. TS -16 tecspec.wcv /spccsm 3. Request for approval to substitute materials, methods, or processes shall be made to Engineer and if found acceptable, will be confirmed by an addendum to the Construction Documents. Where proposed substitutions are not incorporated into the Construction Documents by addendum PRIOR to time of the General Contract bid opening, all bids shall be held to have been made on the basis of the materials, methods and processes required by the Construction Documents. 4. All substitutions shall be of equal or better quality to the equipment specified. 5. 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. 6. 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. 1.04 RECORD DRAWINGS A. Reference requirements stated elsewhere in the specifications. B. THE CONTRACTOR SHALL TAPE ALL ADDENDAS ISSUED DURING BIDDING TO HIS CONSTRUCTION AND RECORD DRAWING SET PRIOR TO COMMENCING CONSTRUCTION. PAY REQUESTS WILL NOT BE PROCESSED UNTIL THIS REQUIREMENT IS MET. C. In addition to other requirements, a master Record Drawing blueline set (separate from field sets) shall be kept in the site trailer and marked up weekly as the work progresses, to show exact 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 routing of work in permanently concealed blind spaces within the building. Work located in spaces with access, or above suspended ceilings, is not considered permanently concealed. Show complete routing and sizing of any significant revisions to the systems shown. Indicate locations of all existing active and inactive conduit uncovered during construction. Keep marked up set at site for review at site meetings. D. The Contractor shall indicate progress by coloring -in various conduits, ducts, and TS -17 tecspcc wcv /spccsin 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. E. 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 Owner's Representatives and they shall be corrected immediately if found either inaccurate or incomplete. This procedure is mandatory. F. No monthly pay applications will be reviewed if the Record Drawings are incomplete or are unavailable for inspection. G. At the completion of the job, these prints shall be submitted to the 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. H. Using the "Record Drawing Set ", the Contractor shall provide one (1) complete set of prints for submission to the Owner. 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 30 days after the award of the contract a 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 (1) 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. Devices 2. Wire and Cable C. When requested, present samples of all materials proposed for use to the Engineer for his approval. TS -18 tecspec.wcv /spccsm 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 City of Round Rock Electrical Code, National Electrical Safety Code, Occupational Safety and Health Act (OSHA) and all other applicable Federal, State and local codes. All codes 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. B. 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, adapters, 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. 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. 2. 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. TS -19 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. 1.10 SERVICEABILITY OF PRODUCTS A. Furnish all products to provide the proper orientation of serviceable components to access space provided. Coordinate installation of piping, ductwork, equipment, conduits, panels and other products to allow proper service of all items requiring periodic maintenance or replacement. C. Replace or relocate all products incorrectly ordered or installed to provide proper serviceability. 1.11 ACCESSIBILITY OF PRODUCTS A. Arrange all work to provide permanent, convenient and safe access to all serviceable and /or operable products. Layout work to optimize net usable access space within confines of space available. Advise Owner, in a timely manner, of areas where proper access cannot be maintained. Furnish layout drawings to verify this claim, if requested. B. Provide access doors in ceilings, walls, floors, etc. for access to automatic devices and all serviceable or operable equipment in concealed spaces. Location of panels shall be submitted for approval in sufficient time to be installed in the normal course of work. 1.12 UTILITY COSTS Pay all service charges required by the electric utility or telephone utility to facilitate construction. 1.13 CLEAN -UP 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. C. Pay all costs of waste removal and disposal. tecspec.wcv/speam TS -20 tecspec.wcv /specsm 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. TS -21 PART 2 - PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Unless otherwise indicated, provide only new equipment and materials. tecapec.wcv /specsn B. On all major equipment components, provide manufacturer's name, address, model number, and serial number permanently attached in a conspicuous location. 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: 1. The Contractor and Manufacturers shall provide a ONE (1) YEAR guarantee for all work under the Electrical Trade. However, such guarantees shall be in addition to and not in lieu of all other liabilities which the manufacturer and the Contractor may have by law or by other provisions of the Contract Documents. In any case, such guarantees and warranties shall commence when the Owner accepts the mechanical /electrical system, as determined by the Engineer and shall remain in effect for a period of ONE (1) YEAR thereafter. 2. All materials, items of equipment and workmanship furnished under each Section shall carry a ONE (1) YEAR warranty against all defects in material and workmanship. Any fault under any contract, due to defective or improper material, equipment, workmanship or design which may develop shall be made good, forthwith, by and at the expense of the Contractor for the work under his Contract, including all other damage done to areas, materials and other systems resulting from this failure. 3. The Contractor shall guarantee that all elements of the system, which are to be provided under his Contract, are of sufficient capacity to meet the specified performance requirements as set forth herein or as indicated. 4. Upon receipt of notice from the Owner of failure of any part of any systems or equipment during the guarantee period, the affected part or parts shall be replaced by the Contractor for his respective work, as applicable. 5. Furnish, before the final payment is made, a written guarantee covering the above requirements. TS -22 2.02 STANDARDS tecspec.wcv /specsm 6. Reference other guarantee information elsewhere in these specifications. 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. B. 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). TS -23 PART 3 - EXECUTION 3.01 CUTTING AND PATCHING tccspec.wcv /specsm A. Carefully lay out all work in advance so as to minimize cutting, channeling, chasing, or drilling of floors, walls, partitions, ceilings, etc. Perform all cutting, channeling, drilling, etc., as required for the proper support, concealment, installation, or anchorage of raceways, outlets, or electrical equipment in a careful manner. Any damage to the building, structure, piping, ducts, equipment, or defaced finish, tile, plaster, woodwork, or metal work shall be repaired by skilled mechanics of the trades involved at the Contractor's expense and to the satisfaction of the Engineer. All cutting, channeling, chasing, or drilling of unfinished masonry, tile, etc., or cutting, drilling, anchoring to or welding of structural members shall be performed in a manner having the Engineer's prior approval. All openings made in fire rated or smoke rated walls, floors, and ceilings shall be patched and made tight in a manner to conform to the fire rating or smoke rating for the enclosure. B. Where conduits pass through exterior walls, thoroughly caulk with sealant the annular space around the conduit to provide a watertight closure. Provide at least 1/2" annular space around the conduit. Provide and install all counterflashing of all conduit, pipe and supports which pierces roofs and other weather barrier surfaces. Verify detail with Owner before installation. All work shall be performed in a workmanlike manner to assure weatherproof installation. Any leaks developed shall be repaired at his expense, to the Owner's satisfaction. All waterproofing, flashing and counterflashing shall be compatible with roofing system so as not to void any roof warranties. Confirm installation with the Owner. 3.02 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 specialties 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. TS -24 tcespcc.wcv /spccsm D. Electrical service stub locations, sizes and quantities for equipment are approximate only. The Contractor must verify all service locations, sizes and quantities with the equipment supplier before rough -in. E. The Electrical Contractor shall make all final connections to all electrical equipment furnished and set in place by others, including millwork with outlets. The Electrical Contractor shall provide and install all disconnect switches as required. 3.03 COOPERATION WITH OTHER CONTRACTORS A. Cooperate with other Contractors so that the installation of the electrical materials and equipment may be properly coordinated. Where a conflict occurs with piping, duct work, etc., it shall be resolved as directed by the Engineer. B. 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. Building Lines 2. Structural Members 3. Soil and Drain Piping 4. Vent Piping 5. Refrigerant Piping 6. Supply, Return, O/A Ductwork 7. Exhaust Ductwork 8. Chilled and Hot Water Piping 9. Domestic Hot and Cold Water Piping 10. Natural Gas Piping 11. Electrical Conduit 12. Fire Protection Piping 3.04 COORDINATION OF WORK A. Each Contractor shall compare his drawings and specifications with those of other Trades and report any discrepancies between them to the Engineer and obtain from the Engineer written instructions to make the necessary changes in any of the affected work. All work shall be installed in cooperation with other Trades installing inter - related work. Before installation, all Trades shall make proper provisions to avoid interferences in a manner approved by the Engineer. B. Locations of conduit and equipment shall be adjusted to accommodate the work with interferences anticipated and encountered. Exact routing and location of TS -25 tecspec.wcv /spccsm systems shall be determined prior to fabrication or installation. C. Offsets and changes of direction in all conduit systems shall be made as required to maintain proper headroom and pitch of sloping lines whether or not indicated on the drawings. D. Where discrepancies in scope of work as to what Trade provides items such as starters, disconnects, flow switches and the like exist, such conflicts shall be reported to the Owner prior to signing of the Contract. If such action is not taken, the various Trades shall furnish such items as part of their work for complete and operable systems. E. Verify voltage, phase, termination points and required disconnects for all mechanical and /or Owner furnished equipment prior to rough -in. Report discrepancies to Engineer. 3.05 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. B. Manufacturer's Brochures: Include manufacturers' descriptive literature covering all appurtenances used in each system, together with illustrations, exploded views and renewal parts lists. Provide the nearest manufacturer's representatives name, address and phone number. C. Shop Drawings: Provide a copy of all corrected, approved submittals and shop drawings covering equipment for the project either with the manufacturer's brochures or properly identified in a separate subsection. D. Spare Parts Lists: Include a list of all equipment furnished for the project, with a tabulation of descriptive data of all the spare parts proposed for each type of equipment or systems. Properly identify each part by part number and manufacturer. 3.06 IDENTIFICATION A. Equip the following items with nameplates: 1. All motor starters, panelboards and motor control centers. 2. Control /power equipment in separate enclosures including relays. 3. All main switchboard overcurrent devices and spares, and circuit breakers. TS -26 tccspcc.wcv /spccsm 4. All branch circuit and power panelboards. 5. Safety disconnect switches. 6. Contractors. B. No dymo (stick on indented plastic) type label will be permitted. C. Identify equipment listed above. COORDINATE EQUIPMENT NUMBERS WITH MECHANICAL AND /OR KITCHEN PLANS. Each piece of equipment shall be numbered consistently throughout. D. Fabricate nameplates as follows: 3.07 TESTING 1. Provide 3 ply, 1/16" laminated plastic nameplate material with white core for lettering and black background. All nameplates, for equipment powered from emergency circuits, shall have white core for lettering and red background. 2. Use capital letters. 3. Unless otherwise indicated, provide minimum 3/4" high x 2" long nameplates with 1/4" letters. 4. All labels shall be permanently affixed to the front of all required equipment using two (2) round head self tapping screws. Self- adhesive labels are not acceptable. Align labels with equipment. E. All junction boxes shall have the panel /circuit number(s) identified on the blank coverplate, handwritten with a permanent black marker. Disconnects, combination motor starter /disconnects and manual motor starter shall have the panel /circuit number(s) identified on the inside of the front cover, hand written with a permanent black marker. 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. B. Measure service ground resistance. 3.08 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: TS -27 1. Megger readings performed, six (6) copies of logs attached. 2. Ground tests performed, six (6) copies of method used and results attached, including service ground readings. tecspec.wcv /specsm 3. Record drawings up -to -date and ready to deliver to Engineer. 4. All other tests required by Specifications have been performed. 5. Final clean -up is completed. 6. All systems are fully operational. 3.09 DURING FINAL INSPECTION TS -28 Signed: 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. ELECTRICAL PART 1 GENERAL 1.01 SCOPE OF WORK 1.02 STANDARDS PART 2 - PRODUCTS 2.01 MATERIALS 2. Greenfield (vibration and /or dry areas) 2.02 CONDUIT SUPPORTS A. Neither perforated iron straps nor tie wires 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. 2.03 FITTINGS AND HARDWARE «cepec.wcv /specsm Provide a complete conduit system as shown on the drawings and as hereinafter specified. Conform with the latest requirements of the NEMA, the National Electrical Code, and be UL listed. A. Rigid galvanized steel. B. IMC C. EMT D. PVC - Schedule 40 and Schedule 80 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. E. Flexible conduit 1. Liquid -tight (vibration and /or 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. C. Support conduit from structure. Do not support from suspended ceiling grid. A. Provide fittings, locknuts, bushings, and hardware that are compatible with the type of conduit used. No indenter type of connectors and couplings are allowed. B. Provide screw -in type fittings for use with flexible conduit. TS -29 3.01 GENERAL INSTALLATION REQUIREMENTS C. Provide set -screw or compression fittings for EMT. PART 3 - EXECUTION ccspec.wcvlspeosm 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. C. Provide a nonmetallic (nylon, polypropylene, or approved equal) drag line of suitable strength in spare conduits and telephone conduits. Tightly plug spare conduits 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 or exposed through slab. C. Install intermediate metallic conduit (IMC) Type I may be used as an option for rigid galvanized steel conduit in areas permitted by the National Electrical Code. D. Install electrical metallic tubing (EMT) within enclosed buildings, in furred ceilings or walls, in dry areas, and exposed above 8 feet above floor. Do not use electrical metallic tubing (EMT) where exposed to moisture. E. Provide liquid -tight flexible metal conduit for transformer terminations, motor terminations, and other equipment where vibration and moisture are present. For other equipment and /or lighting fixtures in dry areas, conduit may be galvanized, Greenfield. Minimum length is 2 feet and maximum length is 6 feet for all flexible conduit. Flexible conduit other than indentifled above is NOT acceptable. F. Follow manufacturer's recommendations regarding installation, termination, bending, and coupling of conduit. G. Provide pull boxes as required or as directed by the Engineer. H. Where possible, conceal raceways within finished walls, ceilings, and floors other than slab -on- grade. TS -30 Where practical, avoid routing conduit directly above equipment. Keep raceways 6 inches away from parallel runs of flues and hot water pipes. Avoid offsets where possible. Where necessary, make an approved offset with conduit bending machine. J. Route conduits above slab parallel to and 90° to building structure. K. Route conduits from outlet to outlet and from outlets to cabinets, pull or junction boxes with locknuts and bushings in such manner that each system is continuous throughout. Conduit shall not contain more than the equivalent of four quarter bends (360 °, total), including those bends located immediately at the outlet or fitting, L. Do not suspend raceways or equipment from piping, ceiling grid or ductwork, but provide independent 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 construction. 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.. M. No PVC conduit will be allowed above finished grade or finished floor. 3.03 INSTALLATION BELOW GRADE A. Minimum size raceway is 3/4 inch. Iusp“.wevispasnt B. Provide rigid galvanized steel conduit or PVC where conduits are installed in concrete floor slab or passing through any concrete structure. PVC conduit shall not penetrate slab above finished grade. C. Provide rigid galvanized steel or PVC conduit where conduits are installed below grade. D. Swab clean all conduits before cable installation. Waterproof all conduit joints after cable installation. E. Provide conduit wall sleeves for all conduits penetrating walls, grade beams, etc. below grade and other locations shown on the Drawings. F. 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. G. 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 TS -31 to density to receive pavement. Where pavement is broken for the installation of conduit, repair to original condition. Provide shoring, bracing, and de- watering if necessary for installation of work. Remove from site all materials encountered which are not suitable for backfill. H. 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 Contractor's expense. I. Where necessary, provide barricades around open excavations to prevent endangering the public. Provide warning beacon lighting at night to adequately mark all excavations. J. Where conduits embedded in concrete floor or roof deck cross expansion joints, they shall be joined together using O.Z. Gedney type DX expansion fittings and bonding jumpers. Straight runs of conduit over 150' long shall have O.Z. Gedney Type AX expansion fittings installed to minimize movement. Fittings shall be installed at a maximum of 150' on center. K. Where horizontal runs of conduit transition to vertical and continue above finished grade or finished floor; the transition shall be made with a 90 degree long radius, RGS sweep. No PVC conduit will be allowed above finished grade or finished floor. TS -32 ELECTRICAL PART 1 - GENERAL 1.01 SCOPE OF WORK 1.02 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: tecspec.wcv /specsm 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. Provide conductors in accordance with the applicable sections of U.L. and IPCEA Standards. 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. 2. Provide copper conductors of annealed, 98 percent conductivity soft drawn copper. B. Insulation (600 Volts) a. Minimum wire size for branch circuits shall be #12, however, #14 may be used for motor control circuits where specified on the drawings. b. All conductors #8 and larger shall be stranded. 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: a. All feeders and branch circuits are to be dual -rated Type THHN /THWN, except 250MCM and larger condutors which may TS -33 kcspec.wcv /spccsm also be Type XHHW. b. Insulation rated for operation at 600 volts. c. In areas where the temperature will exceed 167 ° F, provide wire rated 105 ° C. minimum and a type approved by the local code. Include any wiring within three feet (3') horizontally or ten feet (10') above any heating appliance. 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 (6 ") of exposed ends. Phase A - Black Phase B - Red Phase C - Blue Neutral - White Ground - Green C. Wire and cable (50 volts or less): 120/208 Volt 277/480 Volts Phase A - Brown Phase B - Yellow Phase C - Purple Neutral - Gray Ground - Green 1. Provide copper wire, minimum size #16 AWG for controls. All wire and cable shall be solid. Stranded conductors are not acceptable. 2. All conductors shall be routed in conduit or shall have an insulation approved for plenum installation, unless otherwise noted. PART 3 - EXECUTION 3.01 INSTALLATION 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 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. TS -34 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. 3.02 TESTING tecspec.wcvlspecsm 2. Connect No. 8 and larger wire to panels and apparatus with properly sized, solderless, or compression lugs 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. 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 adjacent cables. Maintain the following log for feeder tests: FEEDER DESCRIPTION: TESTER'S NAME: TEST INSTRUMENT SERIAL TEST DATE: RESISTANCE: A-B A-C A-G BB = C B-G C-G 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. TS -35