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? -°
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'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
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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
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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
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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
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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.
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2.04 Initial Determinations
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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
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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
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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
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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
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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,
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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
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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
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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
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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.
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3.05 Collateral Contracts
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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
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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
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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,
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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:
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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.
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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
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3.21 Testing of Materials
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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.
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4. Prosecution and Progress
4.01 Time and Order of Completion
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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.
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5. Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
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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
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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
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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:
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contractors
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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:
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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
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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
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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
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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
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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
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02 -04 MINIMUM WAGE SCALE
02 -05 LIMIT OF FINANCIAL RESOURCES
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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.
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02 -06 CONSTRUCTION REVIEW
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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
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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
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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
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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.
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Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664 as additional insured (except Workers' Compensation
and Builders Risk).
2. That obligates the insurance company to notify 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
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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
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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
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Section 01
Booster Puma:
A. General - Furnish one (1) complete pumping unit:
Pump #6
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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.
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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
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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.
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01 -09 Performance Tests
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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
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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.
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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.
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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
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(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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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