Loading...
R-95-02-23-10C - 2/23/1995RESOLUTION NO. / 95- OQ- c23— ADC WHEREAS, the City of Round Rock has duly advertised for bids for a belt press for the East Wastewater Treatment Plant, and WHEREAS, Ashbrook Corporation has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Ashbrook Corporation, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Ashbrook Corporation is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Ashbrook Corporation for a belt press for the East Wastewater Treatment Plant, said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of February, 1995. ATTEST: NE LAND, City Secretary KS /RESOLUTION RS50223C L w CHARLES CU P PER, Mayor City of Round Rock, Texas 02/21/95 16:03 ROUND ROCK PUBLIC WORKS + 5122556676 NO.429 PO4 February 16, 1995 Steve Miller, P.E. Public Works City of Round Rock 221 East Main Round Rock, Texas 78664 Dear Mr. Miller: On February 14, 1995, bids were received for a belt filter press that is to be installed at the City of Round Rock East Wastewater 'Treatment Plant Three bids were received. A copy of a bid tabulation is attached. A low bid of 3152,182 was submitted by Ashbrook Corporation. Ashbrook Corporation has experience in building belt filter presses and is qualified to furnish the type of equipment specified. An Ashbrook Corporation unit is currently in service at the East Plant, and it is our understanding that the unit bas performed well. We recommend that the Ashbrook Corporation bid be accepted end that the contract be awarded to Ashbrook Corporation. Contract documents for the belt press specify that the belt filter press will be delivered to the general construction contractor that will construct regional treatment facilities at the East Plant site; the. general construction contractor will be selected based upon bids to be received in early March. The documents also indicate that payment for the belt falter press will be through the general construction contractor. Bids for the belt filter press were received separately from construction bids as this will allow the belt filter press to be installed and placed in operation at an early date. Should you have questions, please so advise me. We appreciate having the opportunity to provide services to the City of Round Rock on this project. Sincerely, F egg, Inc. amen R. Miser, P.E. Enclosure HDR ttngMMrtng, 1.19. Name Ashbrook Corporation Enviroquip, Inc. 3311 South 114 35 Suns 900 Austin, Tex. 7117,1 Ii1D TABULATION BELT FILTER PRESS CITY OF ROUND ROCK FEBRUARY 14, 1995 Amount 5152,182.00 5159.195.nn 2.190000 912 913.5100 Rex 911 e41 -9099 02/21/95 16:03 ROUND ROCK PUBLIC WORKS y 5122556676 DATE: February 21, 1995 SUBJECT: City Council Meeting, February 23, 1995 NO.429 P03 ITEM: 10C. Consider a resolution authorizing the Mayor to enter into an agreement for the purchase of a belt press for the East Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Please see the attached recommendation. Staff concurs and recommends award of this piece of equipment to Ashbrook. � R_45- 0a- z-,oc 1 1 1 ' I CITY OF ROUND ROCK, TEXAS 1 1� 1 ,. 1; '1. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PURCHASE OF BELT PRESS JANUARY, 1995 HDR Engines ing, Inc. ORIGINAL CONTRACT DOCUMENTS No Text Construction Performance Bond NO. 285746 SUPPLEMENTAL SIGNATURES Any singular reference to Contractor. Surely, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ASHBROOK CORPORATION 11600 EAST HARDY ROAD HOUSTON, TX 77093 OWNER (Name and Address): CITY OF ROUND ROCK 221 E. MAIN ROUND ROCK, TX 78664 CONSTRUCTION CONTRACT Dale: Amount: Description (Name and Location): *TOND Date (Not earlier than Construction Contract Date): MARCH 13, 1995 Amount: Modifications to this Bond Form: $152,182.00 CO 1TRACTOR AS PRINC Company: SignlMuaq: Name and Title: M. H. Pa tin Secretar $152,182.00 BELT FILTER PRESS FOR BRUSHY CREEK REGIONAL WWTP CONTRACTOR AS PRINCIPAL Company: ASHBROOK CORPORATION (Corp. Seal) Signature: Pc .-; C.. Siguaturl�l Name and Title: pf Name ,r ame and J'tie: Vice President Corp. Sea SEABOARD SURETY COMPANY BURNT MILLS ROAD BEDMINSTER, NJ 07921 SURETY Company: COUNTERSIGNED B SURETY Company: SEABOARD SURETY COMPANY Signature: Name and Title: L No. 1910.28A 11984 Editiuni Prepared through the joint effonn t,('I'hc Surer A.wciaonn of America. 6n4m4.er. • General Cnntrnetnrs of Americo, and the Anent scan Inu itna nr Amchgens 1 Contralti bn. wuctuc Committee. the Associated (Corp. Seal) 4 /12/95, (Corp. Seal) 1. 'Ow (• iktor and the Surely. jointly and aeyeratlt. hind themselves. then heir.- estctaors. ..dm,nirtratnrs. successors and at•igns to the (saner for the performance w the Construction Contract. othat is incorporated herein h> reference. 1 . If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond. except to par ticipate in conferences as provided a Subparagraph 3.1. 3. 11 there is no Owner Default. the Surety's obligation under this Bond shall arise afar: 3.1. The Owner has notified me Contractor and the Sureq' at its address described in Paragraph 10 below. that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange u conference with the Contractor and the Surety to be held nm later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If she Owner. the Contractor and the Surely agree. the Contractor shall bt allowed a reasonable time to perform the Construction Con• tract. bra such an agreement shali not waive the Ou ner's right. d any. subsequently to declare a Contractor Default: and 3.2. The Owner has declared a Contractor Default and formally ter- minated the Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro. vidcd in Subparagraph 7.1: and 3.3. The Owner has agreed to pay the Balance of the Conrad Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense rake one of the following actions: 4.1. Arrange for the Contractor. with consent of the Owner. to perform and complete the Construction Contract: or 4.2. Undenake to perform and complete the Construction Contract itself. through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner fora contract for performance and com- pletion of the Construction Contract. arrange fora contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Conrad. and pay to the Owner the amount of damages as described in Paragraph 6 i0 excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4. Waive its right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation. determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is determined. under payment therefor 10 the Owner; or 2. Deny liability in whole or in pan and notify the Owner citing reasons therefor. 5. lithe Surely does not proceed as provided in Paragraph 4 with reason• able promptness. the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surely demanding That the Surety perform its obligations under this Bond. and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surely has denied liability. in whole or in pan. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right 11s complete the Construction Contract. and if the Surety elects to ad under Subparagraph 4.1. 4.2. or 4.1 above. then the tesponstbiitties of the Surety to the Owner shall not be greaser than those of the Contractor under the Construction Contract. and the responaibililiea of the Owner io 11e Surd )• shall not 111. greater Than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. but subject to commitment by the Owner of the Balance of the Conrad Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2. Additional legal. design professional and delay costs resulting from the Contractor's Default. and resulting from the actions or failure to act of the Surely under Paragraph 4; and 6.3. Liquidated duntages. or if no liquidated damages arc specified In she Construction Contract. actual damages caused by delayed performance or nomperformancc of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. execotars. administrators. or successors. 8. The Surety hereby waives notice of any change. including chooses of time. to the Construction Contract or to related subcontracts. purchase orders and other obligations. 9. Any proceeding. legal or equitable. under this Bond may be instituted in any court of competent jurisdiction en the location in which the work or pats of the work is located and shall be instituted within Iwo years after Contractor Default or within two years after the Contractor ceased work• ing or within two years after the Surely refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on she signature page. 11. When this Bond has been fumishcd to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted berefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent Is stmt this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. I2. L Balance attic Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Canractor identified on the signature page. including all Contract Documents and changes thereto. 2.3. Contractor Default: Failure of the Contractor. which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other Terms thereof. (FOR INFORMATION ONLY —Name. Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE Engineer or other purl r Any singular reference to Contractor. Surely. Owner CONTRACTOR (Name and Address): ASHBROOK CORPORAT 1011 11600 EAST HARDY ROAD HOUSTON, TX 77093 OWNER (Name and Address): CITY OF ROUND ROCK 221 E. MAIN ROUND ROCK, TX 78664 CONSTRUCTION CONTRACT Date: Amount Description (Name and Location): pOND Date (Not earlier than Construction Contract Dale): Amount: $152,182.00 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: ASHBROOK CORPORAT ION /� Signature: f' �i �,e ir Name and Title: e P to Deaville Vice President CONTRACTOR AS PRINCIPAL Company: ■ Signature: Name and Title: M.H. Partin Secretary Construction Payment Bond N0. 285746 SUPPLEMENTAL SIGNATURES $152,182.00 BELT FILTER PRESS FOR BRUSHY CREEK REGIONAL WWTP (Corp. Seal) or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): SEABOARD SURETY COMPANY BURNT MILLS ROAD BEDMINSTER, NJ 07921 MARCH 13, 1995 SURETY Company: SEABOARD SURETY COMPANY Signatur Nance and Ti COUNTERSIGNED 8 SURETY Company: Signature' Name and Title: EJCDC No. 1910.288 11984 Edition) Prepared through the joint efforts of the Surety Association of Americo. tngrneers /dint Contrdet Documents Committee, The Associated General Contractors of America. American Institute of Architects. American Sutenntrannrs Association- and the Associated Spcctaliy Consrac tors. (Corp. Seal) I. The Contractor and the sum n. jointly and severally bind themselves. the a heirs. exe, u ors. administrators. successor : and assigns to she Owner to pay for labor. materials and equipment fumianed for use in the perfor• mane of the Construction Contract. which is incorporated herein by reference. 2. With respect to she Owner. this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment. directly or indirectly. for all sums due Claimants. and 2.2. Defends. indemnifies and holds harmless she Owner from all claims. demands. liens or suits by any person or entity who furnished labor. materials OF equipment for use In she performance of she Construction Contras, provided she Owner has promptly notified she Contractor and the Surely tat the address described in Para- graph 121 of any claims, demands. liens or suits and tendered defense of such claims. demands. hens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants. this obligation shall be null snd void if she Contractor promptly makes payment. directly or indirectly. for all sums due. 4. The Surely shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with she Contractor have given notice to the Surely fat the address described in Paragraph 121 and sent a copy. or nonce thereof. to she Owner. stating that a claim is being made under this Bond and. with substantial accuracy. she amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to she Contractor and sent a copy. or notice thereof. to the Owner. within 90 days after having last performed labor or last furnished materials or equip- ment included In the claim staling. with substantial accuracy, the amount of the claim and the name of the party 10 whom the materials were furnished or supplied or for whom the labor was done a performed; and 2. Have either received a rejection in whole or in pan from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contactor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within she above 30 days, have acne a written notice to the Surely (at the address described in Para. graph 121 and sent a copy. or notice thereof. to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con. tractor. 5. if • notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4. the Surety shall promptly and at the Surety's expense take the following action: 6.1. Sand an answer to the Claimant. with a copy to she Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed - 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's tonal obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surely. 8. Amounts owed by the Owner to the Contractor under she Construction Contras shall be used for the performance of the Construction Contract and to sansly claims. if ant under any Consiructlun Performance Bond H. the Contractor furnishing and the Ow ner accepting this Bond. they ag -er that all funds earned by the Contractor in the performance of the Construction Contract ale dedicated to satisfy Obligations of the Con. tractor and the Surety under this Bond. subject 10 the owner p. to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others fur obligations of the Contractor that arc unrelated to the Construction Con. trace. The Owner shall not be (wide for pa yment or any costs or cinemas of any Claimant under this Bond. and shall have under this Bond no obligations to make payments to. give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change. including changes of time. 10 the Construction Contract or to related subcamracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a coon of competent jurisdiction in the location in which the work or pan of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 Mil. or RI on which the last labor or service was performed by anyone or the Iasi materials or equipment were furnished by anyone under the Construction Contract. whichever of 111 or 121 first occurs. lithe provisions of this Paragraph arc void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety. the Owner or the Contractor. however accomplished. shall be sufficient compliance as of the dale received at the address shown on the signature page. 13. When this Bond bas - been furnished 10 comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall he deemed deleted het and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is. that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing (c be a pots,' beneficiary or this Bond. the Contractor shall promptly furnish a Cops' this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms ••labor, materials or equipment that pan of water, gas. power. light. heat. oil. gasoline. telephone service or rental equipment used In the Construction Contract, architcc• tune and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the judsdiction where the labor. materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including 011 Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name. Address and Teicphoncl AGENT or I3ROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party(: 1 TOTAL P.08 Attest: Csrllfied Copy SURETY �BO a7V* � VVMP� No. 11513 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert S. Winter or Rosemary B. Felix or Harry A. Peyton or Judy E. Maxfield or Christina D. Fick of Houston, Texas its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: - - - - - - - 'Policies, bonds, recogn1zances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto. Insurance policies. bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases. agreements and other writings relating in any way thereto or to any claim or loss thereunder. shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice - President or a Resident Vice - President and by the Secretary. an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary, or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice- President to make such signature: or (c) by such other officers or representatives as the Board may from time to time determine. Cm The seal of the opany shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this - ..26th day of March 19..93 (Sea a /) STATE OF NEW JERSEY ss , COUNTY OF SOMERSET i J -4912 SEABOA D UR Y O AI, By President On this 26th.... day of March , 19.. 93.._, before me personally appeared Michael. - 13. Keegan a Vice- President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, Who, being by me duly sworn, said that he resides in the State of ....New - Jersey that he is a Vice - President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that hew •.r r a thereto as Vice - President of said Company by like authority. - - LINDA SMETHERS 41111��� .(Seal) frwttattY - NOTARY PUBLIC OF NEW �,>•��� Jr% My. Commission Ex� Dee Notary Public CERT1 • I, the , -d Assistant Secretary of SEABOARD SURETY - COMPANY do he -• - a the original Power of Attorney of which the foregoing is a lull, true and correct copy, is in lull force and effect on the date of this Certificate and I do further certify that the Vice- President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article .V11, Section 1, of the By -Laws of SEABOARD SURETY COMPANY: - - - - - • - This Certificate maybe signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY et a meeting duly called and held on the 2515 day of March-1970... - - - - "'RESOLVED: (2) That the use of. a printed facsimile of the corporate seal of the Company and -of the signature of an Assistant Secretary. on any certification of the correctness of a copy of an instrument executed by the President or a Vice - President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney -in -tact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII. Sectional, - with like effect as if such seal and such signature had been manually affixed and made, hereby is. - authorized and approved. " - - - - - - - - - IN WITNESS W HEREOF, 1 have hereunto set my hand APR! affixed the corporate seal of the Company to these presents this dayof 19 Asolotant Secretary Form &57 (Rev 7/64) For verification of the authenticity of this Power of Attorney you may call, collect, 908-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In Now York, Dial 212 - 627.5444. Codified Copy 1J- 4903 SEABOARD SURETY COMPANY No. 11513 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert S. Winter or Rosemary B. Felix or Harry A. Peyton or Judy E. Maxfield or Christina D. Fick of Houston, Texas its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION 1: 'Polleles, bonds, reeognlzanees, stipulation, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds. recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, he President, a Vice - President or a Resident Vice-President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attomey -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice - President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ...26th day of march 19..9.3 (Sea STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET Attest: As etaoHSecretary LINDA SKIVERS NOTARY PUEL',c Of NEW My Cenvnisskm Ec E R ; l SEABOA D UR TY O A By On this ._...- ..._:.. day of March , 19.. 93...., before me personally appeared Michael - - - Keegan a Vice- President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, Who, being by me duly sworn, said that he resides in the State of - _.piety - Jersey ; that he is a Vice- President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company,,, and that he si • r , •rdr.,,. a thereto as Vice - President of said Company by like authority. I. the . ed Assistant Secretary of SEABOARD SURETY COMPANY•O he r esat the original Power of Attomeyol which the foregoing is afull, true and. correct copy, is in full force and effect on the detect this Certificateand l do further certify the Vice - President who executed the said Powerol - - Attorney was one of the Officers authorized by the - Board of Directors t0 appoint an attorney -in -fact as provided in Article Vll, Section 1, of the By -Laws of -- SEABOARD SURETY COMPANY. - - - -- - - - This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of. Directors of SEABOARD SURETY COMPANY at a Meeting duly called and held on the 25th day of. March 1970." - - "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of - the - Company and of the signature of an Assistant Secretary 00any _ . certification Of the correctness of a copy of an instrument executed by the President or a Vice- President pursuant to Article VII, Section 1, of the By -Laws appointing and authorizing an attorney -ih -fact to sign. in the name-and on- behalf of the Company surety.bonds, underwriting undertakings -or other. - instruments described in: aaid`Article Vlt, Section 1, -with- like effect as if such seal and such signature had been manually affixed and made, hereby is - - "authorized and approved:". - - - - " - IN WITNESS WHEREOF 1 have hereunto set my hand and affixed the corporate seat of to Company to these presents this 1 3TH day of MARCH 19 Assistant Secretary VIQe- President For verification of the authenticity of this Power of Attorney you may call, collect, 908-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In New York, Dial 212 -627- 5444.. 1 1 1 CONTRACT DOCUMENTS 1 AND SPECIFICATIONS FOR THE CONSTRUCTION OF 1 1 1 PURCHASE OF BELT PRESS 1 1 1 CITY OF ROUND ROCK, TEXAS 1 1 JANUARY, 1995 1 le OFTEt�� 1 Ii::R "0: . HDR Engineering. Inc. ASER • • 4 /! 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDUM NO. 1 PURCHASE OF BELT PRESS CITY OF ROUND ROCK The Drawings, Contract Documents, and Specifications for the referenced project are hereby modified as follows: Ad -1 Item 1 BID BOND and PERFORMANCE BOND The accompanying Bid Bond and Performance Bond which are a part of this Addendum, shall be inserted, respectively, after the Bid Form and the Agreement in the Contract Documents and Specifications. AD -1 Item 2 • Section 11146, Belt Filter Press. Modify by the addition of the following: Page 11146 -3, Line 52, Paragraph 2.04 Accessories, add the following as item D of this Paragraph: All Drawings, Contract Documents and Specifications in conflict with this Addendum are hereby modified or deleted. THIS ADDENDUM SHALL BE MADE A PART OF THE PLANS, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THIS PROJECT AND SHALL BE NOTED ON THE PROPOSAL. ADDENDUM NO. 1 ISSUED BY HDR Engineering, Inc. James R. Glaser, P.E. Project Manager Date: February 9, 1995 W A02000099\GLASERWA01 Miscellaneous All variable frequency drives, motor starters, and other equipment required for the belt filter press shall be furnished." Purchase of Belt Press City of Round Rock ADD1 -1 TOC -1 ' 01 TABLE OF CONTENTS 01 02 02 03 03 II 04 DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, 04 05 AND CONDITIONS OF THE CONTRACT 05 06 06 07 00020 NOTICE TO BIDDERS 07 1 08 00100 INSTRUCTIONS TO BIDDERS 08 09 00301 BID FORM 09 10 00500 AGREEMENT 10 II 11 00700 GENERAL CONDITIONS 11 12 00805 SUPPLEMENTARY CONDITIONS 12 13 13 14 DIVISION 1 - GENERAL REQUIREMENTS 14 II 15 15 16 01100 SPECIAL CONDITIONS 16 17 01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & 17 ' 18 MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS 18 19 19 20 DIVISION 2 NOT USED PO 21 21 22 DIVISION 3 - NOT USED 22 23 23 24 DIVISION 4 - NOT USED P4 ' 25 25 26 DIVISION 5 - NOT USED 26 27 27 II 28 DIVISION 6 - NOT USED 28 29 29 30 DIVISION 7 - NOT USED 30 31 31 II 32 DIVISION 8 - NOT USED 32 33 33 34 DIVISION 9 NOT USED 34 ' 35 35 36 DIVISION 10 - NOT USED 35 37 37 I 38 DIVISION 11 - EQUIPMENT 38 39 39 40 11005 EQUIPMENT: BASIC REQUIREMENTS 40 41 11146 BELT FILTER PRESS 41 ' 42 42 43 DIVISION 12 - NOT USED 43 44 44 I 45 DIVISION 13 - NOT USED 45 46 46 47 DIVISION 14 - NOT USED 47 I 48 48 49 DIVISION 15 - NOT USED 49 50 50 51 DIVISION 16 - NOT USED 51 I 52 52 53 END OF SECTION 53 ' BELT PRESS - CITY OF ROUND ROCK DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 01 93F25 SECTION 00020 01 02 02 03 NOTICE TO BIDDERS 03 04 04 05 Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 E. Main, 05 06 Round Rock, Texas 78664 -5299, for "BELT PRESS FOR THE ROUND ROCK EAST 06 07 WASTEWATER TREATMENT PLANT ", will be received until 2:00 p.m. February 14, 07 08 1995, then publicly opened and read at the same address. 08 09 09 10 Bids shall be submitted on City of Round Rock bid form. Bid form, 10 11 specifications and contract documents may be obtained from: 11 12 12 13 HDR Engineering, Inc. 13 14 2211 S. IH -35, Suite 300 14 15 Austin, TX 78741 15 16 Telephone: (5I2) 912 -5100 16 17 17 18 18 19 19 20 END OF SECTION 20 BELT PRESS - CITY OF ROUND ROCK 00020 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I� 01 93G16 SECTION 00100 01 02 02 03 INSTRUCTIONS TO BIDDERS 03 04 04 05 05 06 06 07 1. Defined Terms. 07 08 08 09 Terms used in these Instructions to Bidders, which are defined in Section 00700 09 10 - General Conditions, have the meanings assigned to them in the General 10 11 Conditions. 11 12 12 13 Certain additional terms used in these Instructions to Bidders have the meanings 13 14 indicated below which are applicable to both the singular and plural thereof. 14 15 15 16 1.1. BIDDER - -one who submits a Bid directly to OWNER as distinct from a 16 17 sub - bidder, who submits a bid to a BIDDER. 17 18 18 19 1.2. Issuing Office - -the office from which the Bidding Documents are to be 19 20 issued and where the bidding procedures are to be administered. 20 21 21 22 1.3. Successful BIDDER - -the lowest, responsible and responsive BIDDER to whom 22 23 OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an 23 24 award. 24 25 25 26 26 27 2. Copies of Bidding Documents. 27 28 28 29 2.1. Complete sets of the Bidding Documents in the number and for the price 29 30 stated in the Advertisement or Invitation to Bid may be obtained from the 30 31 Issuing Office. 31 32 32 33 The price is non - refundable. 33 34 34 35 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither 35 36 OWNER nor ENGINEER assume any responsibility for errors or misinterpretations 36 37 resulting from the use of incomplete sets of Bidding Documents. 37 38 38 39 2.3. OWNER and ENGINEER in making copies of Bidding Documents available on the 39 40 above terms do so only for the purpose of obtaining Bids for the Work and do not 40 41 confer a license or grant for any other use. 41 42 42 43 3. Qualifications of BIDDERS. 43 44 44 45 To demonstrate qualifications to perform the Work, each BIDDER must be prepared 45 46 to submit within 5 days after Bid opening, upon OWNER's request, detailed 46 47 written evidence, such as financial data, previous experience, present 47 48 commitments, and other such data as may be called for below (or elsewhere in the 48 49 Contract Documents). Each Bid must contain evidence of BIDDER's qualification to 49 50 do business in the state where the Project is located or covenant to obtain such 50 51 qualification prior to award of the contract. 51 52 52 53 4. Examination of Contract Documents and Site. 53 BELT PRESS - CITY OF ROUND ROCK 00100 -1 00100 -2 BELT PRESS - CITY OF ROUND ROCK 1 01 01 1 02 4.1. It is the responsibility of each BIDDER before submitting a Bid to: 02 03 03 ' 04 4.1.1. Examine thoroughly the Contract Documents and other related data 04 05 identified in the Bidding Documents (including "technical data" referred to in 05 06 Paragraph 4.2. below). 06 II 07 07 08 4.1.2. Visit the site to become familiar with and satisfy BIDDER as to the 08 09 general, local and site conditions that may affect cost, progress, performance 09 10 or furnishing of the Work. 10 ' 11 11 12 4.1.3. Consider federal, state and local Laws and Regulations that may affect 12 13 cost, progress, performance or furnishing of the Work. 13 II 14 14 15 4.1.4. Study and carefully correlate BIDDER's knowledge and observations with 15 16 the Contract Documents and such other related data. 16 17 17 ' 18 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or 18 19 discrepancies in or between the Contract Documents and such other related 19 20 documents. 20 II 21 22 When conflicts, errors, ambiguities or discrepancies are discovered in or 22 23 between Contract Documents and /or other related documents, and when said 23 II 24 conflicts, etc., have not been resolved through the interpretations by ENGINEER 24 25 as described in Paragraph 6., BIDDER shall include in the Bid the greater 25 26 quantity or better quality of Work, or compliance with the more stringent 26 27 requirement resulting in a greater cost. Such greater cost shall be included in 27 ' 28 the Bid. 28 29 29 30 4.5. On request, OWNER will provide each BIDDER access to the site to conduct 30 II 31 such examinations, investigations. explorations, and studies as each BIDDER 31 32 deems necessary for submission of a Bid. BIDDER must fill all holes and clean up 32 33 and restore the site to its former conditions upon completion of such 33 34 explorations, investigations, tests and studies. 34 ' 35 35 36 4.6. The submission of a Bid will constitute an incontrovertible representation 36 37 by BIDDER (i) that BIDDER has complied with every requirement of this Article 4, 37 , 38 (ii) that without exception the Bid is premised upon performing and furnishing 38 39 the Work required by the Contract Documents, (iii) that BIDDER has given 39 40 ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies 40 ' 41 in the Contract Documents and the written resolutions thereof by ENGINEER are 41 42 acceptable to BIDDER, and when said conflicts, etc., have not been resolved 42 43 through the interpretations by ENGINEER as described in Paragraph 6., BIDDER has 43 44 included in the Bid the greater quantity or better quality of Work, or 44 ' 45 compliance with the more stringent requirement resulting in a greater cost, and 45 46 (iv) that the Contract Documents are generally sufficient to indicate and convey 46 47 understanding of all terms and conditions for performing and furnishing the 47 , 48 Work. 48 49 49 50 5. NOT USED 50 t 51 51 52 6. Interpretations and Addenda. 52 53 53 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 01 6.1. All questions about the meaning or intent of the Bidding Documents are to 01 02 be directed to ENGINEER in writing. Interpretations or clarifications 02 03 considered necessary by ENGINEER in response to such questions will be issued by 03 04 Addenda mailed or delivered to all parties recorded by ENGINEER as having 04 05 received the Bidding Documents. Questions received less than 10 days prior to 05 06 the date for opening of Bids may not be answered. Only questions answered by 06 07 formal written Addenda will be binding. Oral and other interpretations or 07 08 clarifications will be without legal effect. 08 09 09 10 6.2. Addenda may also be issued to modify the Bidding Documents as deemed 10 11 advisable by OWNER or ENGINEER. 11 12 12 13 7. Bid Security. 13 14 14 15 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an 15 16 amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified 16 17 or bank check or a Bid Bond on form attached, issued by a surety meeting the 17 18 requirements of paragraph 5.1. of the General Conditions. 18 19 19 20 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER 20 21 has executed the Agreement, furnished the required contract security and 21 22 certificates of insurance and met the other conditions of the Notice of Award, 22 23 whereupon the Bid security will be returned. If the Successful BIDDER fails to 23 24 execute and deliver the Agreement and furnish the required contract security and 24 25 certificates of insurance within 10 days after the Notice of Award, OWNER may 25 26 annul the Notice of Award and the Bid security of that BIDDER will be forfeited. 26 27 The Bid security of other BIDDERS whom OWNER believes to have a reasonable 27 28 chance of receiving the award may be retained by OWNER until the earlier of the 28 29 7th day after the Effective Date of the Agreement or the 31st day (time period 29 30 for award plus 1 day) after the Bid opening, whereupon Bid security furnished by 30 31 such BIDDERS will be returned. Bid security with Bids which are not competitive 31 32 will be returned within 7 days after the Bid opening. 32 33 33 34 8. Contract Times. 34 35 35 36 The number of days within which, or the dates by which, the Work is to be 36 37 substantially completed and also completed and ready for final payment is set 37 38 forth in the Agreement or incorporated therein by reference to the attached Bid 38 39 form. 89 40 40 41 9. Liquidated Damages. 41 42 42 43 Provisions for liquidated damages, if any, are set forth in the Agreement. 43 44 44 45 10. Bid Form. 45 46 46 47 10.1. The Bid form is included with the Bidding Documents; additional copies 47 48 may be obtained from ENGINEER (or the Issuing Office). 48 49 49 50 10.2. All blanks on the Bid form must be completed by printing in black ink or 50 51 by typewriter. 51 52 52 53 10.3. Bids by corporations must be executed in the corporate name by the 53 BELT PRESS - CITY OF ROUND ROCK 00100 -3 00100 -4 01 president or a vice - president (or other corporate officer accompanied by 01 1 02 evidence of authority to sign) and the corporate seal must be affixed and 02 03 attested by the secretary or an assistant secretary. The corporate address and 03 , 04 state of incorporation must be shown below the signature. 04 05 05 06 10.4. Bids by partnerships must be executed in the partnership name and signed 06 ' 07 by a partner, whose title must appear under the signature and the official 07 08 address of the partnership must be shown below the signature. 08 09 09 10 10.5. All names must be typed or printed in black ink below the signature. 11 10 ' 11 12 10.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the 12 13 numbers of which must be filled in on the Bid form). 13 , 14 14 15 10.7. The address and telephone number for communications regarding the Bid 15 16 must be shown. 16 17 17 ' 18 11. Submission of Bids. 18 19 19 20 Bids shall be submitted on the prescribed unbound Bid form, contained in the 20 ' 21 Bidding Documents, at the time and place indicated in the Advertisement or 21 22 Invitation to Bid, addressed to Purchasing Department of the City of 22 23 Round Rock. Texas and shall be enclosed in an opaque sealed envelope, 23 II 24 marked with the Project title and, the name and address of BIDDER, and 24 25 accompanied by the Bid security and other required documents. If the Bid 25 26 is sent through the mail or other delivery system, the sealed envelope shall 26 27 be enclosed in a separate envelope with the notation "BID ENCLOSED" on the 27 ' 28 face of it. 28 29 29 30 12. Modification and Withdrawal of Bids. 30 II 31 31 32 12.1 Bids may be modified or withdrawn by an appropriate document duly executed 32 33 in the manner that a Bid must be executed and delivered to the place where Bids 33 34 are to be submitted at any time prior to the opening of Bids. 35 34 , 35 36 12.2 If, within 24 HRS after Bids are opened, any BIDDER files a duly signed, 36 37 written notice with OWNER and promptly thereafter demonstrates to the reasonable 37 ' 38 satisfaction of OWNER that there was a material and substantial mistake in the 38 39 preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security 39 40 will be returned. Thereafter, that BIDDER will be disqualified from further 40 II 41 bidding on the Work to be provided under the Contract Documents. 41 42 42 43 13. Opening of Bids. 43 44 44 ' 45 Bids will be opened and (unless obviously non - responsive) read aloud publicly at 45 46 the place where Bids are to be submitted. An abstract of the amounts of the 46 47 base Bids and major alternates (if any) will be made available to BIDDERS after 47 , 48 the opening of Bids. 48 49 49 50 14. Bids to Remain Subject to Acceptance. 50 ' 51 51 52 All Bids will remain subject to acceptance for the time period specified for 52 53 Notice of Award, but OWNER may, in sole discretion, release any Bid and return 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 the Bid security prior to that date. 01 02 02 03 15. Award of Contract. 03 04 04 05 15.1. OWNER reserves the right to reject any or all Bids, including without 05 06 limitation the rights to reject any or all nonconforming, nonresponsive, 06 07 unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER 07 08 believes that it would not be in the best interest of the Project to make an 08 09 award to that BIDDER, whether because the Bid is not responsive or the BIDDER is 09 10 unqualified or of doubtful financial ability or fails to meet any other 10 11 pertinent standard or criteria established by OWNER. OWNER also reserves the 11 12 right to waive all informalities not involving price, time or changes in the 12 13 Work and to negotiate contract terms with the Successful BIDDER. Discrepancies 13 14 between the multiplication of units of Work and unit prices will be resolved in 14 15 favor of the unit prices. Discrepancies between the indicated sum of any column 15 16 of figures and the correct sum thereof will be resolved in favor of the correct 16 17 sum. Discrepancies between words and figures will be resolved in favor of the 17 18 words. 18 19 19 20 Any or all bids will be rejected if OWNER has reason to believe that collusion 20 21 exists among the BIDDERS. 21 22 22 23 15.2. In evaluating Bids, OWNER will consider the qualifications of BIDDERS, 23 24 whether or not the Bids comply with the prescribed requirements, and such 24 25 alternates, unit prices and other data, as may be requested in the Bid form or 25 26 prior to the Notice of Award. 26 27 27 28 28 29 15.3. OWNER may conduct such investigations as OWNER deems necessary to assist 29 30 in the evaluation of any Bid and to establish the responsibility, qualifications 30 31 and financial ability of BIDDERS to perform and furnish the Work in accordance 31 32 with the Contract Documents to OWNER's satisfaction within the prescribed time. 32 33 33 34 15.4. If the contract is to be awarded, it will be awarded to lowest BIDDER 34 35 whose evaluation by OWNER indicates to OWNER that the award will be in the best 35 36 interests of the Project. 36 37 37 38 15.5. If the contract is to be awarded, OWNER will give Successful BIDDER a 38 39 Notice of Award within 35 days after the day of the Bid opening. No other act 39 40 of OWNER or others will constitute acceptance of a Bid. 40 41 41 42 16. Contract Security. 42 43 43 44 Paragraph 5.1. of the General Conditions and the Supplementary Conditions set 44 45 forth OWNER's requirements as to performance and payment Bonds. When the 45 46 Successful BIDDER delivers the executed Agreement to OWNER, it must be 46 47 accompanied by the required performance and payment Bonds. 47 48 48 49 17. Signing of Agreement. 49 50 50 51 When OWNER gives a Notice of Award to the Successful BIDDER, it will be 51 52 accompanied by the required number of unsigned counterparts of the Agreement. 52 53 Within 5 working days thereafter CONTRACTOR shall sign and deliver the required 53 BELT PRESS - CITY OF ROUND ROCK 00100 -5 00100 -6 01 number of counterparts of the Agreement to OWNER with the required Bonds and 01 02 certificates of insurance. Within 10 days thereafter OWNER shall deliver one 02 03 fully signed counterpart to CONTRACTOR. 03 04 04 05 05 06 END OF SECTION 06 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00301 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 93F28 SECTION 00301 01 02 02 03 BID FORM 03 04 04 05 PROJECT IDENTIFICATION: Round Rock East Wastewater Treatment Plant. 05 06 06 07 CONTRACT IDENTIFICATION: Belt Press. 07 08 08 09 09 10 THIS BID IS SUBMITTED TO: The City of Round Rock. Texas. 10 11 11 12 herein after referred to as OWNER. 12 13 13 14 1. Enter Into Agreement. 14 15 15 16 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter 16 17 into an Agreement with OWNER in the form included in the Contract Documents, 17 18 with the Agreement to be subsequently assigned to the General Construction 18 19 Contractor to be selected for the Brushy Creek Regional Wastewater Treatment 19 20 Plant to perform and furnish all Work as specified or indicated in the 20 21 Contract Documents for the Bid Price and within the Bid Times indicated in 21 22 this Bid and in accordance with the other terms and conditions of the 22 23 Contract Documents. 23 24 24 25 2. BIDDER Accepts. P5 26 26 27 BIDDER accepts all of the terms and conditions of the Advertisement or 27 28 Invitation to Bid and Instructions to Bidders, including without limitation 28 29 those dealing with the disposition of Bid security. This Bid will remain 29 30 subject to acceptance for 35 days after the day of Bid opening. BIDDER will 30 31 sign and deliver the required number of counterparts of the Agreement with 31 32 the Bonds and other documents required by the Bidding Requirements within 32 33 10 days after the date of OWNER's Notice of Award. 33 34 34 35 3. BIDDER's Representations. 35 36 36 37 In submitting this Bid, BIDDER represents, as more fully set 37 38 forth in the Agreement, that: 38 39 39 40 a. BIDDER has examined and carefully studied the Bidding Documents and 40 41 the following Addenda receipt of all which is hereby acknowledged: 41 42 (List Addenda by Number and Date) 42 43 43 44 ADDENDA NO. DATE 44 45 ==se 45 46 1 2/9/95 46 47 47 48 48 49 49 50 50 51 b. BIDDER has visited the site and become familiar with and is satisfied 51 52 as to the general, local and site conditions that may affect cost, 52 53 progress, performance and furnishing of the Work. 53 BELT PRESS - CITY OF ROUND ROCK 00301 -2 1 01 01 1 02 c. BIDDER is familiar with and is satisfied as to all federal, state and 02 03 local Laws and Regulations that may affect cost, progress, 03 II performance and furnishing of the Work. 04 05 05 06 BIDDER has obtained and carefully studied (or assumes responsibility 06 ' 07 for having done so) all such additional or supplementary information 07 08 which may affect cost progress, performance or furnishing of the 08 09 Work. 09 10 10 ' 11 BIDDER does not consider that any additional information, is 11 12 necessary for the determination of this Bid for performance and 12 13 furnishing of the Work in accordance with the times, price and other 13 ' 14 terms and conditions of the Contract Documents. 14 15 15 16 d. BIDDER has given ENGINEER written notice of all conflicts, errors, 16 II ambiguities or discrepancies in the Contract Documents and the 17 18 written resolution thereof by ENGINEER is acceptable to BIDDER, and 18 19 the Contract Documents are generally sufficient to indicate and 19 20 convey understanding of all terms and conditions for performing and 20 t 21 furnishing the Work for which this Bid is submitted. 21 22 22 23 Where conflicts, errors, ambiguities or discrepancies have been 23 II 24 discovered in or between Contract Documents and /or other related 24 25 documents, and where said conflicts, etc., have not been resolved through 25 26 the interpretations or clarifications by ENGINEER as described in the 26 27 Instructions to Bidders, because of insufficient time or otherwise, 27 ' 28 BIDDER has included in the Bid the greater quantity or better quality of 28 29 Work, or compliance with the more stringent requirement resulting in a 29 30 greater cost. 30 , 31 31 32 e. This Bid is genuine and not made in the interest of or on behalf of 32 33 any undisclosed person, firm or corporation and is not submitted in 33 34 conformity with any agreement or rules of any group, association, 34 II 35 organization or corporation; BIDDER has not directly or indirectly 35 36 induced or solicited any other BIDDER to submit a false or sham Bid; 36 37 BIDDER has not solicited or induced any person, firm or corporation 37 ' 38 to refrain from bidding; and BIDDER has not sought by collusion to 38 39 obtain for itself any advantage over any other BIDDER or over OWNER. 39 40 41 , 41 4. Bid Prices. 41 42 42 43 BIDDER will complete the Work in accordance with the Contract 43 44 Documents for the following price(s): 44 , 45 45 46 LUMP SUM BID PRICE One Hundred Fifty -Two Thousand One Hundred 46 47 (use words) 47 ' 48 No 48 49 Eighty -Two Dollars and 100 ($152,182.00). 49 50 (use figures) 50 51 51 52 5. Completion. 52 53 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 00301 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 BIDDER agrees that the shop drawings will be submitted within 30 days 01 02 after notice of Award of Contract, and that the belt press will be 02 03 delivered to the project site within 90 days after shop drawings have 03 04 been approved. 04 05 05 06 BIDDER accepts the provisions of the Agreement as to liquidated 06 07 damages in the event of failure to complete the Work within the 07 08 times specified in the Agreement. 08 09 09 10 6. Address for Communications. 10 11 11 12 Communications concerning this Bid shall be addressed to: 12 13 13 14 HDR Engineering, Inc. 14 15 2211 S. IH -35, Suite 300 15 16 Austin, TX 78741 16 17 17 18 7. Defined Terms. 18 19 19 20 Terms used in this Bid which are defined in the General 20 21 Conditions or Instructions will have the meanings indicated in 21 22 the General Conditions or Instructions. 22 23 23 24 24 25 SUBMITTED on February 13 , 1995. 25 26 26 27 If BIDDER is: P7 28 Y8 29 29 30 An Individual 30 31 31 32 By N/A (SEAL) 32 33 (Individual's name) 33 34 34 35 doing business as 35 36 36 37 Business address: 37 38 38 39 39 40 Phone No.: 40 41 41 42 42 43 A Partnership 43 44 44 45 By N/A (SEAL) 45 46 (Firm name) 46 47 47 48 48 49 (General partner) 49 50 50 51 Business address: 51 52 52 53 53 BELT PRESS - CITY OF ROUND ROCK 00301 -4 01 Phone No.: 02 03 04 A Corporation 05 06 By Ashbrook Corporation (SEAL) 07 08 09 10 (State of incorporation) 11 12 By Glen Ouslev t '`� i� (SEAL) 13 (Name o rson aut orized sign) 14 15 Controller 16 17 18 (Corporate Seal) 19 20 Attest 21 22 23 Business address: 11600 East Hardy 24 25 Houston, Texas 77093 26 27 Phone No.: (713)449 -0322 28 29 A Joint Venture 30 31 By N/A (SEAL) 32 (Name) 33 34 (Address) 35 36 By (SEAL) 37 (Name) 38 39 (Address) 40 41 Phone number and address for receipt of official communications: 42 43 (713)449 -0322 11600 East Hardy 44 45 Houston, TX 77093 46 47 NOTE: Each joint venturer must sign. The manner of signing for 48 each individual, partnership and corporation that is a party to the 49 joint venture should be in the manner indicated above. 50 51 END OF SECTION (Corporation name) (Title) (Secretary BELT PRESS - CITY OF ROUND ROCK 1 O1 02 03 ' 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 2 21 22 23 24 25 26 27 ' 28 29 3 31 32 33 34 35 36 37 ' 38 39 40 41 42 43 44 ' 45 46 47 48 49 50 51 1 1 00500 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 93F28 SECTION 00500 01 02 02 03 AGREEMENT 03 04 04 05 THIS REEMENT is dated as of the - day 05 06 06 07 of 014 in the year 19 1') by and between 07 08 08 09 The City of Round Rock. Texas, hereinafter called OWNER, with the Agreement 09 10 to be subsequently assigned to the General Construction Contractor to be 10 11 selected for the Brushy Creek Regional Wastewater Treatment Plant and 11 12 12 13 Ashbrook Corporation, hereinafter called CONTRACTOR. 13 14 14 15 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set 15 16 forth, agree as follows: 16 17 17 18 Article 1. WORK 18 19 19 20 CONTRACTOR shall complete all Work as specified or indicated in the Contract 20 21 Documents. P1 22 22 23 23 24 Article 2. ENGINEER P4 25 25 26 The Project has been designed by HDR Enoineerinq. Inc. 2211 S. IH -35. 26 27 Suite 300 Austin, Texas 78741, 27 28 28 29 who is hereinafter called ENGINEER and who is to act as OWNER's representative, 29 30 assume all duties and responsibilities, and have the rights and authority 30 31 assigned to ENGINEER in the Contract Documents in connection with completion of 31 32 the Work in accordance with the Contract Documents. 32 33 33 34 34 35 Article 3. CONTRACT TIMES 35 36 36 37 Shop drawings will be submitted within 30 days after notice of Award of Contract 37 38 and all equipment shall be delivered to the project site within 90 days after 38 39 approval of shop drawings. 39 40 40 41 3.1. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the 41 42 essence of this Agreement and that OWNER will suffer financial loss if the 42 43 Work is not completed within the times specified in paragraph 3.1. above, 43 44 plus any extensions thereof allowed in accordance with Article 12 of the 44 45 General Conditions. They also recognize the delays, expense and 45 46 difficulties involved in proving the actual loss suffered by OWNER if the 46 47 Work is not completed on time. Accordingly, instead of requiring any such 47 48 proof, OWNER and CONTRACTOR agree that as liquidated damages for delay 48 49 (but not as a penalty), CONTRACTOR shall pay OWNER One Thousand 49 50 dollars ($1,000) for each day that expires after the time specified in 50 51 paragraph 3.1. for each day after the time specified in Paragraph 3.1 for 51 52 submission of shop drawings and for delivery of equipment. 52 53 53 BELT PRESS - CITY OF ROUND ROCK 00500 -2 01 Article 4. CONTRACT PRICE 01 , 02 02 03 OWNER shall pay CONTRACTOR for completion of the Work in accordance 03 ' 04 with the Contract Documents an amount in current funds equal to the 04 05 sum of the amounts determined pursuant to paragraphs 4.1. below: 05 06 06 ' 07 4.1. For all work a Lump Sum of: 07 08 No 08 09 One Hundred Fifty -Two Thousand One Hundred Eighty -Two Dollars and 100 09 10 (use words) 10 , 11 11 12 13 (E 1 5 1 ) 12 14 (figures) ) 13 ' 15 14 15 16 Article 5. PAYMENT PROCEDURES 16 17 17 ' 18 This contract is being assigned to a General Construction Contractor to be named 18 19 at a later date. Payment for the belt press will be made by the Owner to the 19 20 General Construction Contractor, who will be responsible for paying the 20 ' 21 Contractor supplying the belt press. P1 22 22 23 5.1. Progress Payments; Retainage. OWNER shall make progress payments to the 23 II 24 General Construction Contractor on account of the Contract Price on the 24 25 basis of the General Construction Contractor's Applications for Payment as 25 26 recommended by ENGINEER, on or about the 30th day of each month during the 26 27 construction as provided in paragraph 5.1.1. P7 ' 28 28 29 5.1.1. Payments for equipment supplied under this contract will be made 29 30 to the General Construction Contractor in accordance with the 30 II schedule that is listed beow: 31 32 32 33 Item Payment of Contract Price 33 II 34 Delivery of Equipment to 75 (if operation and maintenance 34 35 Project Site manuals have not been approved) 35 36 36 37 37 , 38 95 (if operation and maintenance 38 39 manuals have been approved) 39 40 40 41 Completion of Startup and 100 41 1 42 Operation Training 42 43 43 44 Payment to the General Construction Contractor shall be subject 44 ' 45 to 5 percent retainage until the project is substantially 45 46 complete in accordance with Paragraph 14.13 of the General 46 47 Conditions. The payment percentages that are listed above will 47 ' 48 be subject to this retainage withheld from payment to the 48 49 General Construction Contractor. 49 50 50 ' 51 5.2. Final Payment. Upon final completion and acceptance of the Work in 51 52 accordance with paragraph 14.13. of the General Conditions, OWNER shall 52 53 pay the remainder of the Contract Price to the construction contractor 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 00500 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 as recommended by ENGINEER as provided in said paragraph 14.13. 01 02 02 03 Article 6. INTEREST 03 04 04 05 All moneys not paid when due as provided in Article 14 of the General Conditions 05 06 shall bear interest at the rate of 6 percent per annum, simple interest. 06 07 07 08 Article 7. CONTRACTOR'S REPRESENTATIONS 08 09 09 10 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the 10 11 following representations: 11 12 12 13 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract 13 14 Documents (including the Addenda listed in paragraph 8.) and the other 14 15 related data identified in the Bidding Documents including "technical 15 16 data." 16 17 17 18 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied 18 19 as to the general, local and site conditions that may affect cost, 19 20 progress, performance or furnishing of the Work. PO 21 21 22 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and 22 23 local Laws and Regulations that may affect cost, progress, performance and 23 24 furnishing of the Work. P4 25 25 26 CONTRACTOR has obtained and carefully studied (or assumes responsibility 26 27 for having done so) all such additional supplementary information which 27 28 may affect cost, progress, performance or furnishing of the Work or which 28 29 relate to any aspect of the means, methods, techniques, sequences and 29 30 procedures of construction to be employed by CONTRACTOR and safety 30 31 precautions and programs incident thereto. 31 32 32 33 CONTRACTOR does not consider that any additional examinations, 33 34 investigations, explorations. tests, studies or data are necessary for 34 35 the performance and furnishing of the Work at the Contract Price, within 35 36 the Contract Times and in accordance with the other terms and conditions 36 37 of the Contract Documents. 37 38 38 39 7.5. CONTRACTOR is aware of the general nature of Work to be performed by OWNER 39 40 and others at the site that relates to the Work as indicated in the 40 41 Contract Documents. 41 42 42 43 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information 43 44 and observations obtained from visits to the site, reports and drawings 44 45 identified in the Contract Documents and all additional examinations, 45 46 investigations, explorations, tests, studies and data with the Contract 46 47 Documents. 47 48 48 49 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, 49 50 ambiguities or discrepancies in the Contract Documents and the written 50 51 resolution thereof by ENGINEER through issued addendum or addenda is 51 52 acceptable to CONTRACTOR, and the Contract Documents are generally 52 53 sufficient to indicate and convey understanding of all terms and 53 BELT PRESS - CITY OF ROUND ROCK 00500 -4 1 01 conditions for performance and furnishing of the Work. When said 01 1 02 conflicts, etc., have not been resolved through interpretation or 02 03 clarification by ENGINEER, because of insufficient time or otherwise, 03 II CONTRACTOR has included in the Bid the greater quantity or better quality 04 05 of Work, or compliance with the more stringent requirement resulting in a 05 06 greater cost; and said greater cost is included in the Contract Price. 06 II 07 07 08 08 09 Article 8. - NOT USED 09 10 10 , 11 Article 9. MISCELLANEOUS 11 12 12 13 9.1. Terms used in this Agreement which are defined in Article 1 of the General 13 II 14 Conditions will have the meanings indicated in the General Conditions. 14 15 15 16 9.2. The City of Round Rock intends to assign delivery of the equipment 16 17 furnished under this contract to a General Construction Contractor to be 17 , 18 named at a later date. Payment for equipment furnished under this 18 19 contract will be made to the General Construction Contractor, who will in 19 20 turn be reponsible for payment to the contractor providing equipment under 20 II this Contract. E1 22 22 23 No other assignment by a party hereto of any rights under or interests 23 II 24 in the Contract Documents will be binding on another party hereto without 24 25 the written consent of the party sought to be bound; and, specifically but 25 26 without limitation, moneys that may become due and moneys that are due may 26 27 not be assigned without such consent (except to the extent that the effect 27 II 28 of this restriction may be limited by law), and unless specifically stated 28 29 to the contrary in any written consent to an assignment, no assignment 29 30 will release or discharge the assignor from any duty or responsibility 30 II 31 under the Contract Documents. 31 32 32 33 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns 33 34 and legal representatives to the other party hereto, its partners. 31 4 II successors, assigns and legal representatives in respect to all covenants, 36 agreements and obligations contained in the Contract Documents. 36 37 37 II 9.4. Any provision or part of the Contract Documents held to be void or 38 39 unenforceable under any Law or Regulation shall be deemed stricken, and 39 40 all remaining provisions shall continue to be valid and binding upon OWNER 40 II 41 and CONTRACTOR, who agree that the Contract Documents shall be reformed to 41 42 replace such stricken provision or part thereof with a valid and 42 43 enforceable provision that comes as close as possible to expressing the 43 44 intention of the stricken provision. 44 ' 45 45 46 9.5. Other Provisions. 46 47 48 ' 48 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in 48 49 triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and 49 50 ENGINEER. All portions of the Contract Documents have been signed, initialed or 50 51 identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. 51 ' 52 52 53 This Agreement will be effective on , 19 53 BELT PRESS - CITY OF ROUND ROCK 1 01 (which is the Effective Date of the Agreement). 01 02 _02 03 OW NF of Round Rock. Texas CONTRACTOR Ashbrook Corporation 03 04 ff / / / /// fL, 04 05 iv fPr . 27- -c-e-->„- 05 07 By: Cm2 eaPEP . / 1/ $J By: J' T)FAvu /l nF D 07 08 0 / [SEAL] [CORPORATE SEAL] 09 11 Attest 12 ALLA 10 13 4 f ,M f 11 12 13 14 Address for giving notices Address for giving notices 14 15 15 16 221 East Main St. 11600 East Hardy 16 17 17 18 Round Rock, TX 78664 -5299 Houston. TX 77093 18 19 19 20 License No. 20 21 21 22 Agent for service in process: 22 23 23 24 24 25 25 26 26 27 27 28 NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. 28 29 29 30 30 31 31 END OF SECTION H 7 rk'n `j GIG�y BELT PRESS - CITY OF ROUND ROCK 00500 -5 1 . 1 1 1 This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. J ATIONAL SOCIETY O F PROFESSIONAL ENI;INEERS rowto taa EJCDC No. 1910-8 (1990 Edition) Reprinted 5/91 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed The Associated General 7�t Contractors of America These General Conditions have been prepared for use with the Owner - Contractor Agreements (No. 1910 -8-A -1 or 1910-S -A -2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910 -9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17) (1990 Edition). When bidding is involved, the Standard Farm of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �I 1 1. 1 I 1 1 1 1 1 Article or Paragraph Page Number & Title Number 1. DEFINITIONS 13 1.1 Addenda 13 1.2 Agreement 1.3 Application for Payment 1.4 Asbestos 1.5 Bid 1.6 Bidding Documents 1.7 Bidding Requirements 1.8 Bonds 1.9 Change Order 1.10 Contract Documents 1.11 Contract Price 1.12 Contract Times . .. 1 CONTRACTOR 1.14 defective 1.15 Drawings 1.16 Effective Date of the Agreement 117 ENGINEER 1.18 ENGINEER'S Consultant 1.19 Frield'Order 1.20 General Requirements 121 Hazardous Waste 1.22 Laws and Regulations; laws or Regulations Liens Milestone Notice of Award Notice to Proceed OWNER Ritual Utilization PCBs Feta:42nm Radioactive Material Resident Pr rject Representative les SUP Drawings Specifications Subcontractor Staniar Completion Supplementary Condition Supplier Underground FhaC[ties Unit Price Work Work Work C hange Directive Written Amendment 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 1.23 14 1.24 14 1.25 14 1.26 14 1.27 14 1.28 14 1.29 14 1.30 14 1.31 Protect 14 1.32 14 1.33 14 1.34 Same 14 1.3$ 14 1.36 14 137 14 1.38 14 1.39 14 1.40 14 1.41 14 I.V. 14 1.43 " 13 1.44 15 1.45 15 2. PRELIMINARY MATTERS 2.1 , Delivery of Bonds 2.2 Copies of Documents 2.3 Commencement of Contract Tunes; Notice to Proceed 2.4 Starting the Work TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Number & Tale Number 2.5 -2.7 Before Starting Construction; CONTRACPDR's Responsibility to 13 Report: Preliminary Schedules; 13 Delivery of Certificates of 13 Insurance • 15 13 2.8 Preconstruction Conference 15 13 2.9 Initially Acceptable Schedules 16 13 3. .CONTRACT DOCUMENT'S: INTENT, AMENDING, REUSE 16 3.1 -3.2 Intent 16 33 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies 16 3.4 Intent of Certain Terms or Adjectives 17 3.5 Amending Contract Documents 17 3.6 Supplementing Contract Documents 17 3.7 Reuse of Documents, • 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICALCONDITIONS; REFERENCE POINTS . 4.1 Availability of Lands 4.2 Subsurface and Physical Conditions .,- 4.2.1 Reports and Drawings 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data 4.2.3. Notice of Differing Subsurface or Physical Conditions 4.2.4 ENGINEER's Review 4.2.5 Possible Contract Documents Change 4.2.6 Possible Price and Times Adjustments 4.3 Physical Conditions --- Underground Facilities 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated 4.4 Refeence Points ' 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 17 17 17 ' 17 18 18 18 18 18 18 5. BONDS AND INSURANCE- 20 5.1 -5.2 Nrfornnnpe, Payment and Other Bonds . 20 5.3 Licensed Sureties and Insurers; Certificates of Insurance 20 5.4. - CONIRACXQR's Liability Insurance 20 5.5 OWNER'S Liability Insurance 21 5.6 Property Insurance 21 5.7 Boiler and Machinery or Additional 15 Property insurance 21 15 5.8 Notice of Cancellation Provisions 21 15 5.9 CONTRAC1OR's Responsibility for Deductible Amounts 22 15 5.10 Other Special Insurance 22 15 5.11 Waiver of Rights 22 18 19 19 19. Article or Paragraph Page Number & Title Number 5.12 -5.13 - Receipt and Application of Insurance Proceeds 22 5.14 Acceptance of Bonds and Insurance; Option to Replace - 22 5.15 Partial Utilization- Property Insurance 6. CONTRACTOR'S RESPONSIBILITIES 6.1-6.2 Supervision and Superintendence 6.3 -6.5 Labor, Materials and Equipment 6.6 Progress Schedule 6.7 Substitutes and "Or- Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights 6.12 Patent Fees and Royalties 6.13 Permits 6.14 Laws and Regulations 6.15 Taxes 6.16 Use of Premises 6.17 Site Cleanliness 6.18 Safe Structural Loading 6.19 Record Documents 6.20 Safety and Protection 6.21 Safety Representative 6.22 Hazard Communication Programs 6.23 Emergencies 6.24 Shop Drawings and Samples 6.25 Submittal Procedures; CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER 6.27 Responsibility for Variation From Contract Documents 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals 6.29 Continuing the Work 6.30 CONTRACTOR's General Warranty and Guarantee 6.31-6.33 Indemnification 6.34 Survival of Obligations 7. OTHER WORK 7.1 -7.3 Related Work at Site 7.4 Coordination 8. OWNER'S RESPONSIBILITIES 8.1 Communications to Contractor 8.2 Replacement of ENGINEER 8.3 Furnish Data and Pay Promptly When Due 8.4 Lands and Easements; Reports and Tests 8.5 Insurance 23 23 23 23 23 23 27 27 27 27 28 28 28 28 29 29 29 29 29 29 29 29 2 Article or Paragraph Number & Title 8.6 Change Orders 8.7 Inspections, Tests and Approvals 8.8 Stop or Suspend Work; TBrminate CONTRACTOR's Services 8.9 Limitations on OWNER's Responsibilities 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.11 Evidence of Financial Arrangements 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 OWNER's Representative 9.2 Visits to Site 9.3 Project Representative 9.4 Clarifications and Interpretations 9.5 Authorized Variations in Work 9.6 Rejecting Defective Work 9.7 -9.9 Shop Drawings, Change Orders and Payments 9.10 Determinations for Unit Prices 31 9.11 -9.12 Decisions on Disputes; ENGINEER as Initial Interpreter 9.13 Limitations on ENGINEER's Authority and Responsibilities 31 Page Number 29 29 29 30 30 30 31 31 10. CHANGES IN THE WORK 32 10.1 OWNER Ordered Change 32 10.2 Claim for Adjustment 32 10.3 Work Not Required by Contract Documents 32 10.4 Change Orders 10.5 Notification of Surety 32 1 I. CHANGE OF CONTRACT PRICE 32 11.1 -11.3 Contract Price; Claim for Adjustment; Value of the Work 32 11.4 Cost of the Work 33 11.5 Exclusions to Cost of the Work 34 11.6 CONTRACTOR's Fee 34 11.7 Cost Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Essence 35 12.3 Delays Beyond CONTRACTOR's Control 35 12.4 Delays Beyond OWNER's and CONTRACTOR's Control 35 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 36 13.1 Notice of Defects 36 13.2 Access to the Work 36 13.3 Tests and Inspections; Contractor's Cooperation 36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph - - - Page Number & Title - Number 13.4 OWNER's Responsibilities; Independent Testing Laboratory 36 13.5 CONTRACTOR's Responsibilities 36 13.6 -13.7 CoveringWork Prior to Inspection, Testing or Approval 36 13.8 -13.9 Uncovering Work at ENGINEER'S Request 36 13.10 OWNER May Stop the Work 36 13.11 Correction or Removal of Defective Work 37 13.12 Correction Period 13.13 Acceptance of Defective Work 13.14 OWNER May Correct Defective Work 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Application for Progress Payment 14.3 CONTRACIUR's Warranty of 14.4-14.7 Review of Applications for Progress. Payments 14.8-14.9 Substantial Completion 14.10 Partial Utilization 14.11 Finallnspection 37 16. DISPUTE RESOLUTION 41 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 Computation of Taros 42 17.3 Notice of Claim 42 37 17.4, Cumulative Remedies 42 37 17.5 Professional Fees and Court Costa 38 Included 42 38 38 39 39 39 3 Article or Paragraph Page Number & Title Number 14.12 Final Application for Payment 40 14.13 -14.14 Final Payment and Acceptance 40 14.15 Waiver of Claims 40 15. SUSPENSION OF WORK AND TERMINATION 40 15.1 OWNER May Suspend Work 40 15.2 -15.4 OWNER May Terminate 40 15.5 CONTRACTOR May Stop Work or Terminate 41 EXHIBIT GC -A (Optional): - Dispute. Resolution Agreement (Optional) GC-Al 16.1 -16.6 Arbitration GC -A1 16.7 Mediation GC-A2 Acceptance of- Bonds and insurance 5 14 defective Work 10.4.1, 13.13, 13.15 final payment 9.12, 14.15 insurance - 5.14 other Work, by CONTRACTOR 7.3 Substitutes and "Or- Equal" Items 6.7.1 Work by OWNER 25, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities 4.1 site, related work 7.2 Work, 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions- CONTRACTOR 6.9.1, 9.13.3 ENGINEER 6 20, 9.13.3 OWNER 6.20, 8.9 Addenda -definition of (also see definition of Specifications) (1.6, 1.10, 6.19) 1.1 Additional Property Insurances 5.7 Adjustments Contract Price or Contract Times 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2 -10.4, 11, 12, 14.8, 15.1 progress schedule 6.6 Agreement - definition of 1.2 All risk Insurance, policy form 5.6.2 Allowances, Cash 11.8 Amending Contract Documents 3.5 Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.1 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment- definition of 1.3 ENGINEER's Responsibility 9.9 final payment 9.13.4, 9.13.5, 14.12 -14.15 in general 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment 14.1, 14.7 review of 14.4 -14.7' Arbitration (Optional) 16.1 -16.6 Asbestos - claims pursuant thereto 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work 4.5.2 definition of 1 4 OWNER responsibility for 4 5 1 8 10 possible price and times change 4.5.2 Authorized Variations in Work 3.6, 6.25, 6.27, 9.5 Availability of Lands 4.1, 8.4 Award, Notice of- defined 1.25 Before Starting Construction 2 5-2.8 Bid-definition of 1 5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) INDEX TO GENERAL CONDITIONS Article or Paragraph Number 4 Article or Paragraph Number Bidding Documents-definition of - 1.6 (6.8.2) Bidding Requirements definitions of 1 7 (1.1, 4.2.6.2) Bonds - acceptance of 5 14 additional bonds 10.5, 11.4.5.9 Cost of the Work 11.51 definition of 1.8 delivery of 2.1, 5.1 final application for payment 14.12 -14.14 general 1 10, 5.1 -5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other 5 1 -5.2 Bonds and Insurance -in general 5 Builder's risk "all risk" policy form 5.6.2 Cancellation Provisions, Insurance 5.4.11., 5.8, 5.15 Cash Allowances 11.8 Certificate of Substantial Completion 138, 6.3023, 14.8, 14.10 Certificates of Inspection 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price - Cash Allowances 11.8 claim for price adjustment 4.1, 4.2.6, 45, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5. 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRAChOR's fee 11.6 Cost of the Work general 11.4 -11.7 Exclusions to 11.5 Cost Records 11.7 in general 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing 11.3.2 Notification of Surety 10.5 Scope of 10.3 -10.4 Testing and Inspection, Uncovering the Work 13.9 Unit Price Work 11.9 Value of Work 11.3 Change in Contract Times - Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14. 14.7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRACPOR's control 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol 12.4 Notification of surety 10.5 Scope of change 10.3-10.4 Change Orders- - Acceptance of Defective Work 13.13 Amending Contract Documents 3 5 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 10 CONTRACCOR's fee 11.6 Cost of the Work 11.4-11.7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 li 1 1 1 1 1 1 1 Article or Paragraph Number Cost Records definition of emergencies ENGINEER'S responsibility execution of Indemnification Insurance, Bonds and OWNER may terminate OWNER's Responsibility Physical Conditions- Subsurface and, Underground Facilities - 4.3.2 Record Documents 6.19 Scope of Change 10.3 -10.4 Substitutes 6 7 3 6.8.2 Unit Price Work 11.9 value of Work, covered by 11.3 Changes in the Work 10 Notification of surety 10.5 OWNER's and CONTRACTOR's responsibilities 10.4 Right to an adjustment 10.2 Scope of change - 10.3 -10.4 Claims - against CONIRACTIDR 6 16 against ENGINEER 632 against OWNER 632 Change of Contract Price 9.4, 11.2 Change of Contract Tines 9 4 12.1 CONTR C OR s 4, 7.1, 9.4, 9.5, 9-11, 10.2, 11.2, 119, 12.1, 14.8, 15.1. 15.5, 17.3 CON'1RACmmR's Fee 11.6 CONTRAS: OOR's liabtiity. 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4, 11.5 Decisions on Disputes 9.11, 9.12 Dispute Resolution 16.1. Dispute Resolution Agreement 16.1 -16.6 ENGINEER as initial inte pretor 9.11 Lump Sum Pti ing 11.3.2 Notice of 17,3 OWNER's 94, 93, 9.11, 10.2, 11.2, 11.9, 12.1, 139,13.13,13.14, 17.3 OWNER's liability 5,5' OWNER may refuse to make pay 14.7 Prcatal Fees and Court Costs Included 173 request for formal derision on 9.11 Substitute kerns 6.7.1.2 rune Extension 12.1 Time requirements 9A1, 12.1 Unit Price Wait 11.9.3 Value of 11.3 Waiver of-on Final Payment 14.14, 14.15 Work Change Directive 10.2 written notice required 9.11, 11.2, 12.1 Clatifitadons and Interpretations . 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association 33.3 Conunencement of Contract Times 2.3 Communications- 117 1.9 6 23 9 8 10.4, 11.2, 12,1 10.4 6.12, 6.16, 6.31, 6.33 5.10, 5.13, 10.5 15.2 -15.4 8.6, 10.4 42 Article or Paragraph Number general 6.2, 6.9.2, 8.1 Hazard Communication Programs 6.22 Completion - Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 -14.14 Partial Utilization - 14.10 Substantial Completion 138, I4.8 -14.9 Waiver of Claims 14.15 Computation of Times 17.2.1- 17.2.2 Concerning Subcontractors, Suppliers and Others 6 8-6.11 Conferences- initially acceptable schedules 2 9 preconstmction 2 8 Conflict, Error, Ambiguity, Discrepancy- - CONTRACTOR to Report 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5 -2.7 Construction Machinery, Equipment, etc. 6.4 Continuing the Work 6 29, 10.4 Contract Documents- Amending 33 Bonds 5.1 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Tunes 12 Changes in the Work 10.4-10.5 and verify 2.5 Clarifications and Interpretations 3.2, 3.6, 9.4, 9.11 definition of 1.10 ENGINEER as initial interpreter of 9,11 ENGINEER as OWNER's representative 9.1 general 3 Insurance 53 Intent 33 -3.4 minor variations in the Work 3 6 OWNER'S responsibility to furnish data 8.3 OWNER's responsibility toi make prompt payment ' ',,.8.3, 14.4, 14.13 precedence 3.1, Record Documents 6.19 Reference to Standards and Specifications of Technical Societies 3.3 Related Work 7.2 Reporting and Resolving Discrepancies .... ... ...., 2.5 3.3 Reuse of 3.7 Supplementing 3.6 Termination of ENGINEER's Employment 8 2 Unit Price Work 11.9 variations 3.6, 6.23, 6.27 Visits to Site, ENGINEER's 9.2 Contract Price- adjustment of 3.5. 4.1, 9.4, 10.3, 11.2 -11.3 Change of 11 Decision on Disputes 9 11 definition of 1.11 Contract Tinier adjustment of 33, 4.1, 9.4, 10.3, 12 Change of 12.1 -12.4 Article or Paragraph Commencement of - 23 definition of 1.12 CONTRACTOR- Acceptance of Insurance - 5.14 Limited Reliance on Technical Data Authorized 4.2.2 Communications 6.2, 6.9.2 Continue Work 6.29. 10.4 coordination and scheduling 6.9.2 definition of 1 13 May Stop Work or Terminate 15.5 provide site access to others 7 2 13.2 Safety and Protection 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements 4 5 2 CONTRACTOR's- Compensation 11.1 -11.2 Continuing Obligation - 14.15 Defective Work > 9.6, 13.10 -13.14 Duty to correct defective Work 13.11 Duty to Report- Changes in the Work caused by Emergency 6.23 Defects in Work of Others 7 3 Differing conditions 4 2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated 4 3.2 Emergencies 6.23 Equipment and Machinery Rental, Cost of the Work 11.45.3 Fee -Cost -Plus 11.4.5.6, 113.1, 11.6 General Warranty and Guarantee 6.30 Hazard Communication Programs 6.22 Indemnification 6.12, 6.16, 6.31 -6.33 Inspection of the Work 73, 13.4, Labor, Materials and Equipment 6.3-6.5 Laws and Regulations, Compliance by 6.14.1 Liability Insurance 5.4 Notice of Intent to Appeal 9.10, 10.4 obligation to perform and complete the Work 6 30 Patent Fees and Royalties, paid forby 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by 6.13 Progress Schedule 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes 9.11 Responsibilities - Changes in the Work 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work 6.29, 10.4 CONTRACTOR's expense 6.7.1 CONTRACTOR's General Warranty and Guaran- tee 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal 6.25 Coordination of Work 6.9.2 Emergencies 6.23 ENGINEER's evaluation, Substitutes or "Or- Equal" Items 6.7.3 Article or Paragraph Number Number 6 For Acts and Omissions of Others 6.9.1 - 6.9.2, 9.13 for deductible amounts, insurance 5 9 general 6, 7.2, 7.3, 8.9 !4azardous Communication Programs 6.22 Indemnification 6.31-6.33 Labor, Materials and Equipment 6 3-6.5 Laws and Regulations 6.14 Liability Insurance 5.4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties 6.12 Permits 6.13 Progress Schedule 6 6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals 6.28 safe structural loading 6.18 Safety and Protection 6.20, 7.2, 13.2 Safety Representative 6.21 Scheduling the Work 6 9 2 Shop Drawings and Samples 624 Shop Drawings and Samples Review by ENGINEER 6.26 Site Cleanliness 6.17 Submittal Procedures 6/5 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or- Equal" Items 6 7 1 Superintendence 6.2 Supervision 6 1 Survival of Obligations 634 Taxes 6.15 Tests and Inspections 13.5 To Report 2.5 Use of Premises 6.166.18, 630.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6/5 Right to adjustment for changes in the Work 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9.14.8,15.1,155,17.3 Safety and Protection 6.20-6.22, 7.2, 13.2 Safety Representative 6.21 Shop Drawings and Samples Submittals 6 24 -6.28 Special Consultants 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or- Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others 6 8 -6.11 Supervision and Superintendence 6.1, 6.2, 6.21 Taxes, Payment by 6.15 Use of Premises 6 166.18 Warranties and guarantees 6.30, 6.5 Warranty of Title 14.3 Written Notice Required - CONTRACTOR stop Work or terminate 15.5 Reports of Differing Subsurface and Physical Condi- tions 4.2.3 Substantial Completion 14.8 CONTRACIDRS-other 7 Contractual Liability Insurance 5 4 10 Contractual Time Limits 12.2 Coordination 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 Article or Paragraph Number CONTRACTOR's responsibility 6.9.2 Copies of Documents 2.2 Correction Period 13.12 Conectioa, Removal or Acceptance of Defective Work in general 10.4.1, 13.10 -13.14 Acceptance of Defective Work 13.13 Correction or Removal of Defective Work 6.30, 13.11 Correction Period 13.12 OWNER May Correct Defective Work 13.14 OWNER May Stop Work 13.10 Cost- ar Tests and Inspections 13.4 Records 11.7 Cost of the Work- Bonds and insurance, additional 11.4.5.9 Cash Discounts 11.4.2 CONTRACIOR's Fee 11.6 Esnployee Expenses 11.4.5.1 Exclusions to 11.5 Genetal 11.4-11.5 Home office and overhead expenses 11.5 Losses and damages 11.4.5.6.. Materials and equipment 11.4.2 Minor expenses 11 A.5.8 Payroll costs on changes 11.4.1 Iced by Subcontractors - 11.43 Records 11•7 Rentals of construction equipment and machinery . 11 4.5.3 Royalty payments, permits and license fees 1IASS Site office and temporary fatalities 11.4.5.2 Special Consultants, CONTRACTOR's 11.4.4 Supplemental 11.4.5 Taxes related to the Work 11.4.5.4 Tests and inspection 13.4 Trade Discounts 11.4.2 Utilities, fuel and sanitary facilities 11.4.5.7 Work after tegulat hours 11.4.1 Covering Work 13.6 -13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching 7.2 Data, to be furnished by OWNER 83 Day- definition of 17.2.2 Decisions on Disputes 9.11, 9.12 defective- definition of 1.14 defective Work- Acceptance of 10.4.1, 13.13 Correction or Removal of - 10.4.1,13.11 Correction Period 13.12 in general 13, 14.7, 14.11 Observation by ENGINEER 9.2 OWNER May Stop Work 13.10 Prompt Notice of Defects 13.1 Rejecting 9.6 Uncovering the Work 13.8 Definitions 1 Delays - 4.1, 6.29, 12.3 -12.4 Delivery of Bonds 2.1 Delivery of certificates of insurance 2.7 Determinations for Unit Prices Differing Subsurface or Physical Conditions Article or Paragraph Number 9.10 Notice of 4.2.3 ENGINEER's Review 4.2.4 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Discrepancies - Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement 16.1 -16.6 Arbitration 16.1 -16.5 genetal 16 Mediation 16.6 Dispute Resolution Agreement 16.1 -16.6 Disputes, Decisions by ENGINEER 9.11-9.12 Documents- Copies of 2.2 Record 6.19 Reuse of 3.7 Drawings -- definition of 1.15 Easements 4.1 Effective date of Agreement -- definition of 1.16 Emergencies 6.23 ENGINEER - as initial interpreter on disputes 9.11 -9.12 ddfiaition of 1.17 Limitations on authority and responsibilities • 9.13 Replacement of 8.2 Resident Project Representative 9.3 ENGINEER's Consultant -definition of 1.18 ENGINEER's- authority and responsibility, limitations on 9 13 Authorized Variations in the Work 9.5 Change Orders, responsl» lity for 9 7 10, 11, 12 clarifications and Interpretations 3 63, 9.4 Decisions on Disputes 9.11-9.12 defective Work, notice of 13.1 Evaluation of Substitute Items 6.73 Liability 632, 9.12 Notice Work is Acceptable 14.13 Observations 630.2.9.2 OWNER's Representative 9.1 Payments to the CONTRACTOR, Responsibility for 9.9, 14 Recommendation of Payment- 14.4, I4.13 Responsibilities- Limitations on 9.11 -9.13 Review of Reports on Differing Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples, review responsibility 6.26 Status During Construction- authorized variations in the Work 9:5. Clarifications and Interpretations 9.4 Decisions on Disputes 9.11 -9.12 Determinations on Unit Price 9.10 ENGINEER as initial Interpreter 9 11 -9.12 ENG1NEER's Responsibilities 9.1-9.12 Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities 9 13 OWNER's Representative 9.1 Project Representative 9.3 Rejecting Defective Work 9.6 Shop Drawings, Change Orders and Payments 9.7-9.9 Visits to Site - 9.2 Unit Price Determinations 9.10 Visits to Site 9.2 Written consent required 7.2, 9.1 Equipment, Labor, Materials and 6.3.65 Equipment rental, Cost of the Work 11.4.5.3 Equivalent Materials and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explorations of physical conditions 4.2.1 Fee, CONTRACTOR's- Costs -Plus 11.6 Field Order - definition of 1.19 issued by ENGINEER 3 6 1 9 5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment - and Acceptance 14.13 -14.14 Prior to, for cash allowances 11.8 General Provisions 17.3 -17.4 General Requirements- defintion of 1.20 principal references to 2 6 6.4, 6.6 -6.7, 6.24 Giving Notice 17.1 Guarantee of Work -by CONTRACTOR 6.30, 14.12 Hazard Communication Programs 6.22 Hazardous Waste- definition of 1.21 general 4.5 OWNER's responsibility for 8.10 Indemnification 6.12, 6.16, 6.31 -633 Initially Acceptable Schedules 2.9 Inspection- Certificates of 9.13.4, 13.5, 14.12 Final 14.11 Special, required by ENGINEER 9.6 Tests and Approval 83, 133 -13.4 Insurance- Acceptance of, by OWNER 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work 2.7 Bonds and-in general 5 Cancellation Provisions 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations 5.4.13 CONTRACTOR's Liability 5.4 CONTRACTOR's objection to coverage 5.14 Contractual Liability 5.4.10 8 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility 5.9 Final Application for Payment 14.12 Licensed Insurers - - 5.3 Notice requirements, material changes 5 8 1050 Option to Replace 5.14 other special insurances 5 10 OWNER as fiduciary for insureds 5.12 -5.13 OWNER's Liability 5.5 OWNER's Responsibility 8.5 Partial Utilization, Property Insurance 5.15 Property 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12 -5.13 Special Insurance 5.10 Waiver of Rights 5.11 Intent of Contract Documents 3.1 -3.4 Interpretations and Clarifications 3.6.3, 9.4 Investigations of physical conditions 4.2 Labor, Matetials and Equipment 6.3-6.5 Lands - and Easements 8.4 Availability of 4.1, 8.4 Reports & Tests 8.4 Laws and Regulations -Laws or Regulations - Bonds 5.1 -5.2 Changes in the Work 10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities 6.14 Correction Period, defective Work 13.12 Cost of the Work, taxes 11.4.5.4 definition of 1.22 general 6.14 Indemnification 6.31-6.33 Insurance 5.3 Precedence 3.1, 3.3.3 Reference to 3.3.1 Safety and Protection 6.20, 13.2 Subcontractors, Suppliers and Others 6.8 -6.11 Tests and Inspections 13.5 Use of Premises 6.16 Visits to Site 9 2 Liability Insurance- CONTRACTOR's 5.4 OWNER's 55 Licensed Sureties and Insurers 53 Liens- • Application for Progress Payment 14.2 Contractor's Warranty of Title 14.3 Final Application for Payment 14.12 definition of 1.23 Waiver of Claims 14.15 Limitations on ENGINEER's authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized 4.2.2 Maintenance and Operating Manuals- Final Application for Payment 14.12 Manuals (of others)- - Precedence 3 3 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph Number Reference to in Contract Documents 3.3.1 Materials and equipment- furnished by CONTRACTOR 6.3 not incorporated in Work 14.2 Materials or equipment-equivalent 6 7 Mediation (Optional) 16.7 Milestones- definition of 1 24 Miscellaneous- Computation of Times 17.2 Cumulative Remedies 17.4 Giving Notice 17.1 Notice of Claim 17.3 Professional Fees and Court Costs included 17.5 Multi-prime contracts 7 Not Shown or Indicated 43.2 Notice of- Acceptability of Project 14.13 Award, definition of 1.25 Claim 17.3 Defects, 13.1 Differing Subsurface or Physical Conditions 4 2 3 Giving 17.1 Tests and Inspections 13.3 Variation, Shop Drawing and Sample , 627 Notice Proceed - definition of 1.26 g iving of 2.3 Notification to Surety 10.5 Observations, by ENGINEER 6.30, 9.2 Occupancy of the Work 5.15, 6.30.2.4, 14.10 ()Missions or acts by CONTRACTOR 6.9, 9.13 "Open peril" policy form, Insurance 56.2 Option to Replace 5 14 "Or ,Equal" . Items 6.7 Other work 7 Overtime Work - prohibition of 6.3 OWNER. - Acceptance of defetrive Work appoint an ENGINEER as fiduciary Availability of Lands, responsibility definition of data, furnish . May Correct Defective Work May refuse to make payment May Stop the Work may suspend work, , terminate 8.8, 13.10, 15.1 -15.4 Payment, "Hake prompt 8.3, 14.4, 14.13 performance of other Work 7.1 permits and licenses, requirements 6.13 purchased insurance requirements 5.6 -5.10 OWNER's- Acceptance of the Work 6 30.2.5 Change Orders, obligation to execute 8.6, 10.4 Communications 8.1 Coordination of the Work 7.4 - Disputes, request for decision 9.11 13.13 82 5.12 -5.13 41 1 27 8.3 13.14 14.7 13.10 Article or Paragraph Number Inspections, tests and approvals 8.7, 13.4 Liability Insurance 5.5 Notice of Defects 13.1 Representative -During Constriction, - - ENGINEER's Status 9.1 Responsibilities- Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material 8.10 Change Orders 8.6 Changes in the Work 10.1 communications 8.1 CONTRACPOR's responsibilities 8.9 evidence of financial arrangements 8.11 inspections, tests and approvals 83 Insurance 8.5 lands and easements 8.4 prompt payment by - 8.3 replacement of ENGINEER 8.2 reports and tests 8.4 stop or suspend Went 8.8, 13.10, -15.1 terminate CONTRACIOOR's services 8.8, 15.2 separate representative at site 9 3 independent testing 13.4 use or occupancy of the Work 5 15, 14.10 written consent or approval required 9.1, 63, 11.4 written notice . . required 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs- definition of 1.29 general 4.5 OWNER's responsibility for 8.10 Partial Ut - definition of 1.28 general 6.30.2.4, 14.10 Property Insurance 5.15 Patent Ices and Royalties 6.12 Payment Ponds 5.1 -5.2 Payments, Recommendation of 14.4 -14.7, 14,13 Payments to CONTRACIDR and Completion - Application for- Progress Payments 14.2 OONTRAC Warranty celiac 143 Penal Application for Payment 14.12 Final Inspection 14.11= final Payment and Acceptance 14.13 -14:14 gel 83, 14 Partial Utilization 14.10 Retainage 14.2 Review of Applications for Progress Payments 14.4 -14.7 prompt payment 8.3 Schedule of Values 14.1 Substantial Completion 14.8 -14.9 Waiver of Claims 14.15 when payments due 14.4, 14.13 withholding payment - 14.7 Performance Bonds 5.1-5.2 Permits - 6.13 Article or Paragraph Number Petroleum - definition of 1.30 general OWNER's responsibility for Physical Conditions - Drawings of, in or relating to 4.2.1.2 ENGINEER's review 4.2.4 existing structures 4 2 2 general 4.2.1.2 Subsurface and, 4 2 Underground Facilities Possible Contract Documents Change Possible Price and Times Adjustments Reports and Drawings 4.2.1 Notice of Differing Subsurface or, 4 2 3 Subsurface and 4 2 Subsurface Conditions 4 2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 4.2.2 Underground Fac - general 4.3 Not Shown or Indicated 4.3.2 Protection of 4.3, 6.20 Shown or Indicated 4 3 1 Technical Data 4.2.2 Preconstruction Conference 2.8 Preliminary Matters 2 Preliminary Schedules Premises, Use of 6.16-6.18 Price, Change of Contract 11 Price, Contract- definition of 1 11. Progress Payment, Applications for 14.2 Progress payment- fetainage - 14.2 Progress schedule,.CONTRACTOR's 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project-definition of 1 31 Project Representative - ENGINEER's Status During Construction Project Representative, Resident - definition of 1 33 prompt payment by OWNER 8.3 Property Insurance Additional 5.7 general 5.6-5.10 Partial Utilization 5.15, 14.10.2 receipt and application of proceeds 5.12 -5.13 Protection, Safety and 6.20-6.21, 13.2 Punch list 14.1 Radioactive Material - definition 1 32 general 4 5 OWNER's responsibility for 8.10 Recommendation of Payment 14.4, 14.5, 14.13 Record Documents 6 19, 14.12 Records, procedures for maintaining 2.8 Reference Points - 4.4 Reference to Standiirds and Specifications of Technical Societies - 3.3 Article or Paragraph Number Regulations, Laws and (or) - 6.14 Rejecting Defective Work 9.6 4 5 Related Work - 8.10 at Site 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review 6.28 Remedies, cumulative 17.4, 17.5 Removal or Correction of Defective Work - - - 13.11 rental agreements, OWNER approval 4 3 required 11.4.5.3 4 2 5 replacement of ENGINEER, by OWNER 8.2 4 2 6 Reporting and Resolving Discrepancies . - . - 2.5, 3.3.2, 6 14.2 Reports - and Drawings 4 2 1 and Tests, OWNER's responsibility 8 4 Resident Project Representative - definition of 133 provision for 93 Resident Superintendent, CONTRACTOR's 6.2 Responsibilities - CONTRACTOR's -in general 6 ENGINEER's -in general 9 Limitations on 9.13 OWNER's -in general 8 Retainage 14.2 Reuse of Documents 3.7 2 6 Review by CONTRACTOR Shop Drawings and Samples Prior to Submittal 6 25 Review of Applications for Progress Payments - 14.4.143 Right to an adjustment 10.2 Rights of Way 4.1 Royalties, Patent Fees and 6.12 Safe Structural Loading 6.18 Safety - and Protection 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 9 3 general 6.20-6.23 Representative, CONTRACTIOR's 6 21 Samples- definition of L34 general 6.24-6.28 Review by CONTRACTOR 625 Review by ENGINEER 6.26, 6.27 related Work 6.28 submittal of 6 24.2 submittal procedures 6 25 Schedule of progress 2.6, 2.8 -2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals 2.6, 2.8-2.9, 6.24-6,28 Schedule of Values 2.6, 2.8 -2.9, 14.1 Schedules - Adherence to 15.2.1 Adjusting 6 6 Change of Contract Times 10.4 Initially Acceptable 2.8 -2.9 Preliminary 2 6 Scope of Changes 10.3 -10.4 Subsurface Conditions 4.2.1.1 10 1 1 1 1 1 1 1 1 1 1 1 1 I1 1 1 1 1 1 Article or Paragraph Number Shop Drawings- and Samples, general 6.24 -6.28 Change Orders & Applications for Payments, and 9.7 -9.9 definition of 1 35 ENGINEER'S approval of 3.6.2 ENGINEER's responsibility for review 9.7, 6.24-6.28 related Work 628 review procedures 2.8,6.24 -6.28 submittal required 6.24.1 Submittal Procedures 6.25 use to approve substitutions 6 73 Shown or Indicated 4.3.1 Site Access ..,- 72 13.2 Site Cleanliness 6 17 Site, Visits to- by . ENGINEER by others "Special causes of loss" policy form, insurance Specifications- definition of of Technical Societies. reference to precedence Standards and Specifications of Technical Societies Starting Construction, Before Starting the Walt Stop or Suspend Work - by CONTRACTOR by OWNER Storage of materials and equipment Structural Loading, Safety .. 6. Subcoodxct3or- 6.$6.11 definition 137 delays 12.3 waiver of rights 6:11 Subcontractors-in general 6.8-6.11 Subcontracts-required provisions 5.11, 6.11, 11.4.3 Submittals - Applications for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures • 6.25 Progress Schedule 2.6, 2.9 Samples 6,24.6.28 Schedule of Values 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions 2.6, 2.8 -2.9 Shop Drawings 6.24-6.28 Substantial Completion - certification of 6 30.2.3, 14.8 -14.9 definition of 138 Substitute Construction Methods or Procedures 6.7.2 Substitutes and "Or Equal" Items 6.7 CONTRACTOR's Expense 6.7.1.3 ENGINEER's Evaluation 6.7.3 "Or- Equal" 6 71 Substitute Construction Methods of Procedures 6.7.2 Article or Paragraph Number Substitute Items 6.7.1.2 Subsurface and Physical Conditions - Drawings of in or relating. to - 4 2 1 2 ENGINEER'S Review 4.2.4 general 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions 4.2.3 Physical Conditions 4 2 12 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports and Drawings 4.2.1 Subsurface and 4.2 Subsurface Conditions at the Site 4.2.1.1 Technical Data 4.2.2 Supervision- 9.2, 13.2 CONTRACTOR's responsibility 6.1 13.2 OWNER shall not supervise 8.9 5 6.2 ENGINEER shall not supervise 9 2 9 132 Superintendence 6.2 136 Superintendent, CONTRACTOR's resident 6.2 3.3.1 Supplemental costs 11.4.5 33.3 Supplementary Conditions- . definition of 1.39 3.3 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4,2, 43, 5.1, 2.5 -2.8 5.3,5.4,5.6 -5.9 ,5.11,6.8,6.13,7.4,8.11,93,9.10 2.4 Supplementing Contract Documents 3.6 Supplier- definition of 1.40 principal references to 3 7 6.5, 6.8 6.11, 6.20, 624, 9.13, 14.12 Waiver of Rights 6.11 Surety - consent to firma payment 14.12, 14.14 ENGINEER has no duty to 9.13 Notification of 10.1, 10:5,15,2 .. qualification of 5 1-53 Survival of Obligations 6 34 Suspend Worts, OWNER May 13.10, 15.1 Suspension of Work and Termination- 15 CONTRACTOR May Stop. Work or Terminate 15.5 OWNER May Suspend Work 15.1 OWNER May Terminate 152 -ISA Taxes- Payment by CONTRACTOR 6.15 Technical Data- 1.2mited Reliance by CONTRACTOR 4.2.2 Possible Price-and Times Adjustments 4.2.6 Reports of Differing Subsurface and Physical Conditions 4.2.3 Temporary construction facilities 4.1 Termination- by CONTRACTOR 15.5 by OWNER 8.8, 15.1 -15.4 of ENGINEER's employment 8.2 Suspension of Work -in general -15 Terms and Adjectives 3.4 Tests and Inspections- 15.5 8.8, 13.10, 15.1 41 72 Article or Paragraph Number Access to the Work, by others 13.2 CONTRACTOR's responsibilities 13.5 cost of 13.4 covering Work prior to 13.6 -13.7 Laws and Regulations (or) - 13.5 Notice of Defects 13.1 OWNER May Stop Work 13.10 OWNER's independent testing 13.4 special, required by ENGINEER 9.6 timely notice required 13.4 Uncovering the Work, at ENGINEER's request 13.8 -13.9 Times - Adjusting 6.6 Change of Contract 12 Adjusting 6.6 Computation of 17.2 Contract Times - definition of 1.12 day 17.72 Milestones 12 Requirements - appeals 16 clarifications, claims and disputes 9.11, 11.2, 12 commencement of contract times 2.3 preconstruction conference 2.8 schedules 2.6, 2.9, 6.6 starting the Work 2.4 Title, Warranty of 14.3 Uncovering Work 13.8 -13.9 Underground Facilities, Physical Conditions - definition of 1.41 Not Shown or Indicated 4.3.2 protection of 4.3, 6.20 Shown or Indicated 4.3.1 Unit Price Work - claims 11.9.3 definition of 1.42 general 11.9, 14.1, 14.5 Unit Prices - general 11.3.1 • Determination for 9.10 Use of Premises 6.16, 6.18, 6.30.2.4 Utility owners 6.13, 6.20, 7.1 -7.3, 13.2 12 Article or Paragraph Number Utilization, Partial 1 28, 5.15, 6.30, 2.4, 14.10 Value of the Work 11.3 Values, Schedule of 2.6, 2.8 -2.9, 14.1 Variations in Work -Minor Authorized 6.25, 6.27, 9.5 Visits of Site -by ENGINEER 9.2 Waiver of Claims-on Final Payment 14.15 Waiver of Rights by insured parties 5.11, 6.11 Warranty and Guarantee, General -by CONTRACTOR 6.30 Warranty of Title, CONTRACTOR's 14.3 Work - Access to 13.2 by others, 7 Changes in the 10 Continuing the, 6.29 CONTRACTOR May Stop Work or Terminate 15.5 Coordination of 7.4 Cost of the 11.4 -11.5 definition of 1.43 neglected by CONTRACTOR 13.14 other Work 7 OWNER May Stop Work 13.10 OWNER May Suspend Work 13.10, 15.1 Related, Work at Site 7 1 -7.3 Starting the 2.4 Stopping by CONTRACTOR 15.5 Stopping by OWNER 15.1 -15.4 Variation and deviation authorized, minor - 3.6 Work Change Directive- claims pursuant to 10.2 definition of 1 44 principal references to 35.3, 10.1 -10.2 Written Amendment - definition of 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations 3 6 3 9 4 9 I1 Written Notice Required- - by CONTRACTOR 7.1, 9.10 -9.11, 10.4, 11.2, 12.1 by OWNER 9 10 -9.11, 10.4, 11.2, 13.14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS ARTICLE 1— DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein: 1.3. Application for Payment —The form accepted by EN- GINEER which is tube used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. fdd —The offer or proposal of the bidder submitted on the prescribed, form setting forth the prices for the Work to be performed. 1.4 Bidding Dosuanenrs —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Doc Cineluding "all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements—The advertisement or invita- tion to Bid, instructions to bidders, and the. Bid form. 18 . Bonds - PerforMance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement., 1.10. Contract Documents—The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTDR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when as any exhibit to the Agreement. the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- 13 meet, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda -. tion of final payment in accordance with paragraph 14.13. 1.13., CONTRACTOR, —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- biGtyforthe protection thereof has been assumed byO WNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings—The drawings which show the scope, - extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement -The date indicated in the Agreement on which it becomes effective, but Eno such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER --The person, fine or corporation named as such in the Agreement. - 1.18. ENGINEER'S Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions, 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 120. General Requirements—Sections of Division 1 of the Specifications. 1.21. Hazardous. Waste —The tens Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23- Liens--Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed—A written noticegiven by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall star, to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substan- tially completed partof the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs — Polychlorinated biphenyls. 1.30. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Docdments may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material— Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 14 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples — Physical examples ofmatetiats,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the perforrnance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently corer plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilities— All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contact Price or Contract Tunes as provided in paragrapL IQ.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the notnengineering or nontechnical rather than strictly constitution-related aspects of the Contract Docu- ments. ARTICLE 2— PRELIMIfdARY MATTERS Delrery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree - ments to OWNER, CONTRACTOR shall also, deliver to OWNER such Bonds as CONTRACTOR may be requited to furnish in accordance with paragraph 5.1. Copies eDocwnenta: 2.2. OWNER shall furnish to CONTRACTOR up to tea espies (unless ddtemise speei&ed in die Supplementary Con- ditions) of the Contract Docutents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contrail Times; Notice to Proceed: 2.3. The Contract Tithes will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event wig the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run: Before Staring Co,uiro tioa. 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR "shall Promptly report in writing to ENGINEER any conflict, en or, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby: however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 15 2,6. Within tat days after cite Effective Date of the Agree- ment (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress sdtedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule 'of Shop 'Drawing and SAM- pit submittals which will list each required submittal and the times for submitting, reviewingand processingsucr submit- taal; 2.6.3. a preliminary sebedtde'or values for all of the Work which wig include quantities and prices of items aggregating the Contract Price and Will subdivide the Work into component parts insufficient detail to serve as the basis for pis pay is during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item" of Work. 2.7. Before any Work at the site is started, CONTRAC OR and OWNER shall each deliver to the other, with copies to eact_additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconsnaerion Confer tee: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. IaitiaRy Acceptable Schedules; 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTDR'sfull responsibility therefor. CONTRACIOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACIOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3— cONTRACr DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. " 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- 16 cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any.such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable." "suitable," "acceptable." "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work. it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Worlc for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise), The use of any such teen or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. AmertdIng and Supplementing Contend Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5:L a formal Written Amendment, 3.5.2. a Charge Order (pursuant to paragraph 10.4), or 3.5.3. ' a Work Change Directive (pursuant to paragraph 10.1): 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented and minor variations and devia- tions in the Work may be authorized, in one or more of the Mowing wan: 3,6.1. a Field Order ( pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (f) shall not have or acquire any title to or ownership rights in any 17 of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall famish, as indicated In the Contract Documents, the lands upon which the Work is to be performed, rights- of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. IfcONTRACPOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way easements, CON'TRAC1tOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for alt additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.11. - Reports and Drawings: Reference is made to 'the Supplementary Conditions for identification of 4,2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. PhyticalConditioas : Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER., ENGINEER or any of ENGINEER'S Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACIIOR's purposes. including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs Inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 18 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRAC1OR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not bean automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times it 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACPDR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the writ ten notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions_ Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions. 4.11.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The ,cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for (i) reviewing and checking all such information and data. 60 locating all Underground Faelities shown or indicated in the Contract Documents, 6h7 coordination of the Work with the owners of such Underground Fealties during construction, and (iv) the safety and protection of all such Underground -Fealties as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or indicated: Ilan Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Docments. CON - 7RACI3R shall. promptly after becoming aware thereof and before further disturbing concitions affected thereby.. or per - forming any Work in, connection therewith (except in an etnetgeney.as required by paragraph 6.23), idcntdy the owner• of such Underground. Facility and give written notice 10 that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, # any, to which a change is required in the Contract Documents to reflex and document the consequences of the existence of the Underground &c lity. If ENGINEER Con- Chides that a change in the Contract. Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- queness, During such time, CONTRACTOR shag be respon- sible for the safetyand protection ofsuch Underground Facility as provided in paragraph 6.20. CONTRACTOR shag be al- lowed an increase in the Contract [Rice or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Undetgraud Facility that was not shown or indicated in the Contract Documents and'that CON -. TRAICIOR did not know of and could tut reasonably have been expected to be aware of or to have anticipated. If. OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjmtmcnt in Contract Price or Contract Times, CONTRACTOR may make a daim therefor as provided in Articles I1 and 12. However, OWNER; ENGINEER and ENGINEER's Consultants shall not be Sable to CONTRACTOR for any claims, costs, losses die damages 'incun d or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shag provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations 19 without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not 'be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately n stop all Work in connection with such hazardous contra and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (i7 notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shag promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, fl'any. CONTRACTOR shall not be required to restane Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (h) specifying any special conditions under whieftsoch Work may resumed safely.IfOWNER and CONTRACTOR cannot agree as to entitlement toor the amount or extent of an adjustment, if any, in Contract Price • or Contract Times as a result of such Work stoppage or such - special conditions under which Work is agreed by CON- TRACTOR to be resumed, either patty_ may make a' claim therefor as provided in Articles '11 and 12- 4.5.3. If -after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe. or does not agree 10 resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such a f feeted area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract. Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, Toss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the Toss of use resulting therefrom, and (ii) nothing in this subparagraph 45.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACIOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Suretiesand Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained front surety or insurance 20 companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACEOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON - TRACIOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. - - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.43 through 5.4.6 inclusive, include as additional insureds" (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER'S Con - sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary entary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contactual lie bility insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 631 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days " prior written notice has been [Sven to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of rinsurmtce bas been issued (and the certificates of insurance Audited by the CONTRACTOR pursuant to paragraph 53.2 will so pro- ); 5.4.12. terrain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing,. removing Or replacing defective Work in accordance With paragraph 13.12; and 5,4.13. with respect to completed operations insntance, . and any insurance coverage written on a claims-made base, remain in erect for at kart two years after fry past (and CONTRACTOR shall.Ahmish OWNER and each other additional insured identified in the Supplementary Codi- tions. whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional Instited of continuation of such insurance at final payment and one year thereafter). OWNER'S LtabjE4y Insuranc 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- 21 ante upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whop is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all -risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falseworic and Work in transit and shall insure against at least the following perils fire, lightning, . extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses inured in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. covermatetjals and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica - Lion for Payment recommended by ENGINEER; and . 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of . insurance has beer issued. 5.7. OWNER shall purchase and maintain such bonier and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACIOR,Subcontractors, ENGINEER,BNGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have art insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies 'of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. - - " 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rigktr: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors. employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGL. NEER's Consultants and the officers, directors, employees and agents of any of them, for:. 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 22 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial util pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER'S Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the patties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties m interest may reach. If no such agreement among the patties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in wrung by any party in interest, OWNER as fiduciary shall.give bond for the proper performance of such duties. Acceptance of Bonds and Insromrce; Option lo Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Udliordon— Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion Of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6- 0ONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills . and expertise as may be necessary to perform the. Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely respousble tbrthenteans. methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be- responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of • consWe6an which is shown or indicated in and expressly required by the Contact Documents. CONTRACTOR shall be responsible to see that the completed Work complies ,accu- rately with the Contact Documents. - 6.2. CONTRACTOR shall keep on the Work at all times . during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except ender extraordinary clraenstatwrs. The • superintendent will be CONTTRACIOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. M1 communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and 23 CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume Cult respon- sibility for all materials, equipment, labor, transportation, con• stnxtion equipment and machinery. tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals reorssaty for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. M1 warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including repents of requited tests) as to de kind and quality of materials and equipment AS materials and equipment shall be applied, installed, connected, erg, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Patera S beduk: 6.6. CONT'RACPOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress . schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform, generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the ptogtess schedule that will change the. Contract Threw (or Milestones) shall be submitted in acco dance with the requirements of patagraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance withArticle 12. 6.7. Subsentes and "Or-Squat" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or-equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or- Equal ": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an — or-equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first snake written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be sinular in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudiceCON- TRACPOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRAC OR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or-equal" or substitute item will be at CONTRACI'OR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of 24 construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER- CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion. to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or- equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in evaluating substitutes proposed or submitted by CONTRAGIOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in malting changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to. OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER,. and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWN ER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 1 1 1 1 1 substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACIOR is responsible for CONTRACIOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be requited by Laws and Regulations. 6.4.2 CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and orgatnzations performing or f irishing any of the Work under director indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- conbactors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to comntuni- sate web the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an - appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Suppler to the applicable tenths and conditions of the Contract Docu- ments for the benefit of OWNER and I ENGINEER: Whenever . any such agrse rent is with a Subcontractor or Suppliecwho is listed as an additional' insured on the property insurance provided in paragraph 5.6or 57, the agi eme t between the CONTRACTOR and die Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees andRoyaites: - .. 6:12 CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device .which - is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work . and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, Product or device not specified in the Contract Documents. Psrmits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all corn stiuction permits and licenses. OWNER shall assist CON - TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids; or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of Utility owners for connec- lions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to futnishing and performance of the Work. Except where otherwise expressly required by applicable Taws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON - TRACTOR's compfanoe with any Laws or Regulations. 6.14.2 If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to LaWs or Regulations, CONTRACTOR shall bear all claims. costs, losses and damages caused by, acting out of or resulting therefrom; however, it shall not be CONTRACLOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance With Laws and Regulations, but this shall not relieve CONTRACTOR of CONfRAC- TOR's obligations under paragraph 3.3.2. 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use gfPremires: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that with endanger the stntc nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of 26 the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of then or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1. 1 i responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hamad Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, Minty or loss. CON- TRACTOR shall give ENGINEER 'prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a cbange.in the Contract Poe manna is required because of the action taken by CONTRACTOR in response to suchen emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. • 6.24. Shop Drawings and Ss gsies: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval inacoodance with the accepted schedule of Shop Drawing., and Sample submittals .(nee paragraph 2.9). All submittals will be identified as ENGINEER- may require and in the number of copies specified in the General Reepuhements. The data shown on the Shop. Dt will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and aquipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also subadt Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample wilt be identified clearly as to materisl Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may . require to enable ENGINEER to review the submittal for 1 the.imited purposes required by paragraph-6.26. The num bas of each Sample to be submitted will be as specified in the Specifications. 1 6.25. Submittal Procedures: 1 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACIOR shall have determined and verified: 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON TRACTOR's obl gations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample 'submitted may have from the requirements of the Contract Doausents, such notice to be in a written communication separate from thesubinittal; and, in addition; shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval ofeachsuch variation. 6.26. ENGINEER all neview and approveShgpDrawings and Samples in accordance with the schedule of Shop Draw - ' ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINE review and approval • Will be only to determine if Ibe items covered by the submittals will; installation or incorporation in the Work, conform to the information given in the Contract Decumentif and be compatible with the design concept of the completed Prgiect as a functioning whole as indicated by the Contract Documents. E NGINEER's review and approval will not extend to means, Methods, techniques, sequences or procedures of wcedtadion (except where a particular means, method, technique, se- quence or procedure of con traction is specifically and =- ores* called thr by the Contract Docents) or to safety precautions or, programs incident thereto. The review and approvatof a separate item as such will not indicate of • the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other. than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER'S review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR fromrespon- - sibitity for any variation from the requirements of the Contract 27 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2 all materials with respect to intended use, fabrication, shipping. handling, storage, assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CONTRACPOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3. and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Worlc 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15S or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CON RACWR's Gene nl Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR'sobligationtoperformandcom- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACIDR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 28 6.30.2.5. any acceptance by OWNER or any failure ,to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction ofdefective Work by OWN ER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER. ENGINEER's Consultants and the officers. directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (ncluding but not limited to an fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the Toss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with 1 1 1 1 1 1 1 1 1 1 1 .• the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, aid (1i) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance win involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and - coondmate the Wort with theirs, Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their wok with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for .the benefitof such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON - TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACJOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other wort. Coornation: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responslrility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7,4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 82. In case of termination of the employment of ENGI, NEER, OWNER shall appoint an engineer against whom cCNTRACPOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8:3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to estabish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurfare conditions at the site and drawings of physical conditions in existingstructures at or ooatiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: 8.5. OWNER's responsibilities in tespectef purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work-or suspend Work, see paragraphs 13.10 arid 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CON- TRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set, forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of constriction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or 30 observations of CONTRACPDR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACPOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and (imitations thereon of such other person will be as provided in the Supplementary Conditions. Clarifications and interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 or Article 12. Authorized Variations is Work 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also an CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 98. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 1 1. and 12. 9.9. In connection with ENGINEER'S authority as to Applications for Payment. see Article 14. Ddern inaliens for Unit Prices: 9.10. • ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by .CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEERS preliminary determinations on such matters before rendering awritten decision therein (by recarmtu endation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any Such decision, either OWNER or CONTRACTOR delivers to the. other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (1) an appeal from ENGINEER'S decision is taker[ within the time Bruits and in acconance with the procedures set forth in Exhibit GC-A, "Dispute Resolution Agreement;' entered into between OWNER and CONTRACTOR pursuant to Arfide 16, or G7 if • no such Dispute Resolution Agreement has been ,entered into. a formal proceeding la instituted by the appealing party in a forum of competent jurisactiorr to c tercise such rights or remedies as the appealing patty may have with respect to ENGINEERS decision, unless otherwise dgteed In with/813Y OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. • Decisions on Dispnles: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder- Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 fn respect of changes in the Contract Price or Contract Times, will be referred initially to ENGINEER in writing with a request for a foetal decision in accordance with this paragraph. Written notice of each such claim. dispute or other matter will be delivered by the claimant 31 to ENGINEER and the other party to the Agreement promptly (but in no event tater than thirty days) after the start of the occurrence or event giving rise thereto. and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (1) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (h) if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of Such decision and a formal proceeding is instituted by the appealing party in a fonun of competent jurisdiction to exercise =eh nights Or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision. unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant t0 paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any whidt have_ been waived by the malting or acceptance of final payment t is provided in paragraph _14:15) wig be a condition precedent to any exercise by OWNER or CONTRACTOR of such tights or as either may otherwise have under the Contact Documents or by Laws or Regulations in respect of any such claim, dispute or Other matter pursuantto Article 16, 9.13: Lhuuindons on ENGINEER's Authority and ResponsibiG6es: 9.13.1. Neither E authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them, 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier, or of any other person ororganization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only-be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10— CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. if OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 32 10,4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by. OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken front any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACIOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11— CHANGE OF CONTRACT PRICE 1I.I. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- tiesand obligationsassigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 119.1 through 11.9.3, inclusive); 113.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which: may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 113.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACT OR's fee for overhead and profit (determined as provided in paragraph I1.6} Cost of the Wait 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACIORin the proper peformance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs 'shall be in amounts no high than those prevailing in the locality of the Project, shaft include only the following items and shall not include any of the - costa itemised in paragraph 115: 11.41. Payroll costs for employees in the direct employ of CONTRACTOR the performance of the Work under schedules ofjtrb class'fications agreed upon by OWNER and CONTRACTOR: Such employees shall include withoutlim- itation -, , superintendents, foremen add other personnel em- ployed fill- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the ,basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, imemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits bonuses. sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and. Suppliers' field services required in connection therewith. All cash &counts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the 33 cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub - contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACIOR's Cost of the Work and fee as provided in paragraphs 11.4, 1.1 S, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'S em- ployees incurred in discharge of duties connected with the Work: 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are con- sumed in the performance of the Wott, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR- 1145.3• Rentals of all conatrudion equipment and machinery and the parts thereof whether rented from CONIRAC ORorothers agise- meats approved by OWNER with the advice of ENGI- NEER, and the costs,of transportation, lomfmg, unload- ing, installation, dismantling and removal thereof all in acco with the tans of said rental agreements. The meutat of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.45.4.. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.55. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. - Losses and damages (and related expenses) caused by damage to the Work. not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON - TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR% fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.45.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 115.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 34 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may he liable. including but not limited to, the correction of defr'(tire Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in pt 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRA 1OR's fee shall be five percent; 11.6.2.3, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon. the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cast plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.61.6. n hen both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall he computed on the basis of the net change in accordance with panigraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally acceptrd accounting practices and submit in form acceptable to I?NUINEER an itemized cost breakdown to- gether with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACIUR agrees that: • 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor. installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR or account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9.. Ur& Price wok: 11.9.1. Where the Contract Ducumenss provide that all or part of the Work is to be Unit Price Work, initially the Context Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work tines the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determines ionsoftheactual quantities and classifica- lions of Unit Peace Work perfumed by CONTRACTOR will be made by ENGINEER in accodance with patagraph9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to °aver CONTRACIOR'soverhead and pro& foreach sepa- rately identied item. 119.3. OWNER or CONTRACTOR ntay make a claim for an adjustment in the Contract Price in accordance with Artide I1 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result 35 of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OP CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but is no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the dim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's wriaen statement that the adjustment claimed is the entire adJustntent to which the daimaot has reason to believe it is entitled as a result of the axareoce of said event All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and 04NIRACTOR cannot otherwise agree. No claim for an adjustment in the Contract. Times (or Milestones) will be valid r not submitted in accordance with the requirements of this paragraph 12.1. 12.2. " All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from potimlet- itg nay part . of the Work within the Contract Trines. (or Milestones) due to delay beyond the Control of CON'PRAC- l0it, the Cont actTimes (or Milestones) wigbe extended inan aoaat equal to the time lost due to such -delay if a Nairn' is made therefor as provided in paragraph 12.1. Delays beyond the control of COWTRACI'OR shall include, but trot be Iirmted to, acts or neglect by OWNER. ass or neglectofutlhty owners arotherconuactons performing otherworkasconoetplatedby Article 7, fires, floods, epidemics, abnormal weather cond)- &ins or acts of God. Delays attributable to and within the centred of a Subcontractor or Supplier-shall be deemed to be ddaya within the control of CONTRACTOR.. 12.4. Where CONTRACTOR is prevented from complet– ing any part of the Worlt within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay stall be CONTRACI'OR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR; any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any Of them, for damages arising out of or resulting from (1) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACIOR's site safety procedures and programs so that they may comply therewith as applicable. Tuts and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below;' 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 134.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or 36 approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACPDR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely, notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. lf, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a.claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 1 shall not give rise to any duty on the part of OWNER to exercise - this -right for the benefit of CONTRACTOR or any surety or other party. Correcfioa or Removal of DefecaveWork 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Carrecdon Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Dols uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (1) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective. and (N satisfactorily correct or remove and replace any damage to other Work or the work of others resulting rherefiiom. If CONTRACTOR does not 'promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed arid replaced, and all claims, costs, lasses and damages caused by or resulting from -such re- moval and replacement (mcluding but not limited to all costs of repair or replacement of work of others) wilt be paid by CONTRACTOR.. 13.12.2. In special chatmstanees where a particular item of equipment is placed in continuous service before Substan- tial of all the Work, the correction period for that item may start to tun frotn an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where de Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defectve Work: 13.13. 1f, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall 37 pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work 13.14, If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to cornett defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON - TRACIOR.fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails W comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action; OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONI'Ri CIOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate itt the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are - stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER'S other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights' and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and Change Order will be issued incorporating the necessary revisions in the Contract Doctnients with respect to the Work; and OWNERshall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11 Such Claims, costs,Ioases -and damages will include but not be limited to all costs of repair or replace rent of work of others destroyed or damaged by correction, removal or replacement of CONTRACIOR's defective Work. CONTRACTOR shall not 'be allowed an extension Of the Contract Times (or Milestones) because of any delay in the perfonttance ofthe WorkattnbutabletotheexerdisebyOWNER of OWNER's rights and remedies hereunder. ARTICLE 14— PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting . documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip -. ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONrTRAC►OR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofAppllcaiions far Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the ner corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGIN EER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief:, 38 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of.the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible forCONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.13. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work, 1 1 1 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a setoff against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACIOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Subslandal Completion: 14.8. When CONTRACTOR considers the entire Worst ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writhe that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as iucoinplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inon of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writinggiving the reasons therefor. If ENGINEER considers the Werk substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificated Substantial Com- pletion which shall fix the date of Substantial Completion: There shall be attached to the certificate a tentative' fist ofitems to be completed or corrected before final payment. OWNER shall have seven days after recppt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. 1f,- after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER wit within fourteen days after submissions of the,tetttative certificate to OWNER notify CONTRACTOR in -writing. stating the reasons therefor. If, aka consideration of OWNER's objections, EN- GINEER considers the Wort substantially complete;'ENGI -' NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of kerns to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, hest, utili- ties, insu anceand warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 39 ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Udulzation: 14.10. Use by OWNER at OWNER's option of any sub- . stantially completed part of the Work which: (7 has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACIDR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to'be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete CONTRACTOR will certify to OWNER and ENGINEER that such part of the Wort is substan- tially Complete an request ENGINEER to issue a cettl icate of Substantial Completion for that part of the. Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and regt test ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall shake an inspection of that part of the Work to determine its status of completion. If ENGINEER does not Consider that part of the Work to be substantially completc,.ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers . that part of the Work to be substantially Complete, the provisions of paragraphs_ 14,8 and 149 will apply with respect to certification of Substantial Completion of that part of the Wort and the division of responsibility , in respect there of and access thereto. 14.10.2. No occupancy Or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. FinalInspeedon: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that (1) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and a all payrolls, material and equipment bills and otherindebtednessconnected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Docttntents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to 40 CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. lithe remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Clams: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work.will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 t and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited" to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent petit- led by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACIOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such eiaims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACT -R's services have been so ter- minated by.OWNER the termination will not affect any rights orremediesof OWNEERR against CONTRACTOR then existing or Which may thereafter accrue. Any retention or payment of moneys due cONTRAC:LUR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and. ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the etfeo - live date of termination, including fair and reasonable sums for overhead and profit on such Work; 41 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all Claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. COIV%'RAC/OR May Stop Work or Terminate: 15.5. It through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR stay, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the sauce terms as provided in paragraph, 15.4. In lieu of terminating, the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are net intended to preclude CON - TRACTOR from making. claim under Articles 11 and 12 for an increase in Contract Price or Contract Tunes or otherwise for expenses or damage directly attributable to CONTRAC- _ 'FDA's stripping Work as permitted by this paragraph. AIITICLE 16— DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and, procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17— MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last clay of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty -four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 173. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or [The remainder of this page was left blank intentionally.] 42 act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages,' it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ,1 II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 94I21 SECTION 00805 01 02 02 03 SUPPLEMENTARY CONDITIONS 03 04 04 05 05 06 06 07 Supplementary Conditions 07 08 08 09 These Supplementary Conditions amend and supplement Section 00700 - General 09 10 Conditions, and other provisions of the Contract Documents as indicated below. 10 11 All provisions of the General Conditions that are amended or supplemented remain 11 12 in full force and effect as so amended or supplemented. All provisions of the 12 13 General Conditions which are not so amended or supplemented remain in full force 13 14 and effect. 14 15 15 16 Defined Terms 16 17 17 18 The terms used in these Supplementary Conditions which are defined in the 18 19 General Conditions have the meaning assigned to them in the General Conditions. 19 20 20 21 Amendments and Supplements 21 22 22 23 The following are instructions that amend or supplement specific paragraphs in 23 24 the General Conditions and other Contract Documents. E4 25 25 26 ARTICLE 1 - DEFINITIONS 26 27 27 28 Delete the first paragraph of Article 1 "Wherever used in these....and plural 28 29 thereof:" in its entirety and insert the following in its place: 29 30 30 31 "Whenever used in these General Conditions or in other Contract Documents, 31 32 the terms listed below have the meanings indicated which are applicable to 32 33 both the singular and plural thereof. Said terms are generally capitalized 33 34 or written in italics, but not always. When used in a context consistent with 34 35 the definition of a listed- defined term, the term shall have a meaning as 35 36 defined below whether capitalized or italicized or otherwise." 36 37 37 38 38 39 S.C. -1.46. 39 40 40 41 Day - A "calendar day" unless otherwise defined within these Contract Documents. 41 42 42 43 S.C. -1.47. 43 44 44 45 SC -3.2 45 46 46 47 Add two new paragraphs at the end of paragraph SC -3.2 which are to read as 47 48 follows: 48 49 49 50 3.2.1. The Specifications may vary in form, format and style. Some 50 51 specification sections are written in varying degrees of streamlined 51 52 or declarative style and some sections may be relatively narrative by 52 53 comparison. Omissions of such words and phrases as "the Contractor 53 BELT PRESS - CITY OF ROUND ROCK 00805 -1 00805 -2 01 shall," "in conformity with," "as shown," or "as specified" are 01 02 intentional in streamlined sections. Omitted words and phrases shall 02 03 be supplied by inference. Similar types of provisions may appear in 03 04 various parts of a section or articles within a part depending on the 04 05 format of the section. The Contractor shall not take advantage of 05 06 any variation of form, format or style in making claims for extra 06 07 Work." 07 08 08 09 3.2.2. The cross referencing of specification sections under the 09 10 subparagraph heading "Related Sections include but are not 10 11 necessarily limited to:" and elsewhere within each specification 11 12 section is provided as an aid and convenience to the Contractor. The 12 13 Contractor shall not rely on the cross referencing provided and shall 13 14 be responsible to coordinate the entire work under the Contract 14 15 Documents and provide a complete Project whether or not the cross 15 16 referencing is provided in each section or whether or not the cross 16 17 ' referencing is complete." 17 18 18 19 SC -5.1. 19 20 20 21 Amend paragraph GC -5.1. by adding the following sentence at the end of the 21 22 paragraph. 22 23 23 24 The performance bond shall include, in part, provisions to indemnify and hold 24 25 harmless OWNER, ENGINEER, ENGINEER's Consultants and their respective 25 26 officers, directors, agents, and employees as provided in paragraph GC -6.31. 26 27 27 28 28 29 SC -5.4. 29 30 30 31 The limits of liability for the insurance required by paragraph 5.4 of the 31 32 General Conditions shall provide the following coverages for not less than the 32 33 following amounts or greater where required by Laws and Regulations: 33 34 34 35 5.4.1. and 5.4.2. Workers' Compensation, etc., under paragraphs 5.4.1. and 35 36 5.4.2 of the General Conditions. 36 37 37 38 (1) State: Statutory. 38 39 39 40 (2) Applicable Federal: Statutory. 40 41 41 42 (3) Employer's Liability: $600,000 per occurence. 42 43 43 44 5.4.6. Automobile Liability. 44 45 45 46 (1) Bodily Injury: 46 47 47 48 $500,000 Each Person 48 49 $500,000 Each Accident 49 50 50 51 Property Damage: 51 52 52 53 $500,000 Each Accident 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1I 1 1 1 1 1 1 00805 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 01 02 or 02 03 03 04 (2) Combined Single Limit (Bodily Injury and Property Damage): 04 05 05 06 $1,000,000 Each Accident 06 07 07 08 5.4.7. The entities listed below are additional insureds as their interest 08 09 may appear "including their respective offices, directors, agents and 09 10 employees. 10 11 11 12 ENGINEER: HDR Engineering, Inc. 12 13 13 14 14 15 SC- 5.4.10. 15 16 16 17 The Contractual Liability coverage required by paragraph 5.4.10 of the General 17 18 Conditions shall provide coverage for not less than the following amounts: 18 19 19 20 (1) General Aggregate $1,000,000. 20 21 21 22 (2) Each Occurrence (Bodily Injury and Property Damage) $1,000,000. 22 23 23 24 SC- 5.4.11. 24 25 25 26 Amend paragraph 5.4.11. by striking out the words: "to whom a certificate of 26 27 insurance has been issued ". 27 28 28 29 SC- 5.4.13. 29 30 30 31 Amend paragraph 5.4.13 by striking out the words: "to whom a certificate of 31 32 insurance has been issued ". 32 33 33 34 SC- 5.4.14. 34 35 35 36 Add a new paragraph after paragraph GC- 5.4.13. which is to read as follows: 36 37 37 38 5.4.14. With respect to all insurance required by this paragraph 5.4., 38 39 CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, 39 40 and each additional insured identified in the Supplemental Conditions. 40 41 41 42 42 43 SC- 5.6.1. 43 44 44 45 At the end of Paragraph 5.6.1., add the following sentence: 45 46 46 47 47 48 SC- 5.6.5. 48 49 49 50 Amend paragraph GC- 5.6.5. by striking out the words: "to whom a certificate of 50 51 insurance has been issued ". 51 52 52 53 SC -5.8. 53 BELT PRESS - CITY OF ROUND ROCK 00805 -4 01 01 1 02 Amend paragraph GC -5.8. by striking out the words: "to whom a certificate of 02 03 insurance has been issued ". 03 ' 04 04 05 SC -5.14 05 06 06 07 Delete paragraph GC -5.14. 07 I 08 08 09 SC -5.15. 09 10 10 II 11 Add two paragraphs immediately after Paragraph GC -5.15 which are to read as 11 12 follows: 12 13 13 1 14 5.15.1. All insurance required by the Contract Documents, or by laws or 14 15 regulations shall remain in full force and effect on all phases of the Work, 15 16 whether or not the Work is occupied or utilized by OWNER, until all Work 16 17 included in the agreement has been completed and final payment has been made. 17 , 18 18 19 5.15.2. Nothing contained in the insurance requirements shall be construed 19 20 as limited the extent of CONTRACTOR's responsibility for payment of damages 20 1 21 resulting from his operations under the Contract. CONTRACTOR agrees that he 21 22 alone shall be completely responsible for procuring and maintaining full 22 23 insurance coverage as provided herein or as may be otherwise required by the 23 24 Contract Documents. Any approval by OWNER or ENGINEER shall not operate to 24 ' 25 the contrary. P5 26 26 27 SC -6.3. 27 II 28 29 Amend paragraph GC -6.3. by deleting the third sentence in its entirety, and by 29 30 substituting the following: 30 II 31 31 32 In the absence of any Federal, state or local laws, regulations or covenants, 32 33 the CONTRACTOR may conduct its performance of the Work at the CONTRACTOR's sole 33 34 discretion. 34 II 35 35 • 36 36 37 SC -6.5. 37 38 38 II 39 Add the following sentence at the end of the first sentence of paragraph GC -6.5: 39 40 40 , 41 All items of standard equipment shall be the latest model at the time of 41 42 delivery. 42 43 43 44 SC -6.7. 44 ' 45 45 46 Add a new paragraph after paragraph GC -6.7. which is to read as follows: 46 47 48 II 48 6.7.4. See Section 01640. 48 49 49 50 50 51 SC -6.24. 51 ' 52 52 53 Add the word "required" to the first sentence of paragraph GC- 6.24.1., 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 00805 -5 ' 01 immediately after the words "CONTRACTOR shall submit." 01 02 02 ' 03 At the end of paragraph GC- 6.24.1., add the following paragraphs: 03 04 04 05 6.24.1.1. Shop Drawings submitted as herein provided by CONTRACTOR and 05 06 reviewed by ENGINEER for conformance with the design concept shall 06 ' 07 be executed in conformity with the Contract Documents unless 07 08 otherwise required by OWNER. 08 09 09 ' 10 6.24.1.2. When Shop Drawings are submitted for the purpose of showing the 10 11 installation in greater detail, their review shall not excuse 11 12 CONTRACTOR from requirements shown on the drawings and 12 13 Specifications. 13 II 14 14 15 15 16 Add the word "required" to the first sentence of paragraph GC- 6.24.2., 16 II 17 immediately after the words "shall also submit." 17 18 18 19 At the end of paragraph GC- 6.24.2., add the following paragraphs: 19 ' 20 20 21 6.24.3. If a Shop Drawing, as submitted, indicates a variation from the 21 22 Contract Requirements as set forth in the Contract Documents and 22 23 ENGINEER finds same to be in the interest of OWNER and to be so 23 ' 24 25 minor as not to involve a change in the Contract Price or time for 24 performance, ENGINEER may approve the Shop Drawings or Samples; 25 26 provided however, such departure is slight in nature and does not 26 II 27 affect the design concept of the Work. 27 28 28 29 Add a new paragraph immediately after paragraph GC- 6.24.3. which is to read as 29 30 follows: 30 II 31 31 32 6.24.4. See Section 01340. 32 33 33 II 34 SC -6.25. 34 35 35 36 At the end of paragraph 6.25.3., delete "Variation." and add: "Variation; 36 II 37 otherwise CONTRACTOR will not be relieved of the responsibility of executing the 37 38 Work in accordance with the Contract Documents, even though such Shop Drawings 38 39 or Samples have been otherwise reviewed." 39 40 40 II 41 Add the following paragraph at the end of paragraph GC- 6.25.3: II 42 42 43 6.25.4. Shop Drawings and Sample submittals not conforming to requirements 43 44 of this paragraph 6.25 and Section 01340 will be returned to 44 45 CONTRACTOR without action for resubmittal and the resulting delay 45 46 47 shall be entirely the responsibility of CONTRACTOR. 46 47 I 48 Add the following paragraph at the end of paragraph GC 6.25.4: 48 49 49 50 6.25.5. See Section 01340. 50 II 51 II BELT 52 SC -6.26. 52 53 53 BELT PRESS - CITY OF ROUND ROCK 00805 -6 1 01 Add the word "required" to the first sentence of paragraph GC -6.26. immediately 01 1 02 after the words ENGINEER will review and approve ". 02 03 03 , 04 SC -6.27. 04 05 05 06 Add the word "required" to the first sentence of paragraph GC -6.27. immediately 06 1 07 after the words "ENGINEER'S review and approval of ". 07 08 08 09 Add the following paragraph at the end of paragraph GC -6.27: 09 10 10 ' 11 6.27.1. ENGINEER'S check and review of Shop Drawings and Samples, 11 12 Specifications and descriptive literature submitted by CONTRACTOR 12 13 will be only for general conformance with design concept, except as 13 II 14 otherwise provided, and shall not be construed as: 14 15 15 16 6.27.1.1. permitting any departure from the Contract Requirements; 16 17 17 II 18 6.27.1.2. relieving CONTRACTOR of the responsibility for any error in 18 19 details, dimensions or otherwise that may exist in such 19 20 submittals; 20 ' 21 21 22 6.27.1.3. constituting a blanket approval of dimensions, quantities, or 22 23 details of the material or equipment shown; or 23 II 24 24 25 6.27.1.4. approving departures from additional details or instructions 25 26 previously furnished by ENGINEER. Such check or review shall not 26 27 relieve CONTRACTOR of the full responsibility of meeting all of 27 ' 28 the requirements of the Contract Documents. 28 29 29 30 SC -6.31. 30 • 31 31 32 Delete the word "negligent" from the first sentence of paragraph GC- 6.31., 32 33 immediately after the words " (ii) is caused in whole or in part by any." 33 34 34 ' 35 SC -6.33. 35 36 36 37 Add the word "solely" in the first sentence of paragraph GC- 6.33., immediately 37 ' 38 after the word "caused." 38 39 39 40 40 41 SC -9.6. 41 , 42 42 43 Add a new paragraph immediately after paragraph GC -9.6. which is to read as 43 44 follows: 44 ' 45 45 46 The acceptance at any time of materials or equipment by or on behalf of OWNER 46 47 shall not be a bar to future rejection if they are subsequently found to be 47 II 48 defective, inferior in quality, or uniformity to material or equipment 48 49 specified, or are not as represented to ENGINEER or OWNER. 49 50 50 51 SC -12.1. 51 52 52 ' 53 Add a new paragraph after paragraph GC 12.1. which is to read as follows: 53 II BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 i1 01 01 02 12.1.1. No extension of the Contract Time will be allowed for additional 02 03 Work or for claimed delay unless the additional Work contemplated or 03 04 claimed delay is shown to be on the critical path of the Project's 04 05 schedule of construction or CONTRACTOR can show by Critical Path 05 06 Method analysis how the additional Work or claimed delay adversely 06 07 affects the critical path. 07 08 08 09 SC -12.3. 09 10 10 11 Add two new paragraphs after paragraph GC 12.3. which are to read as follows: 11 12 12 13 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of 13 14 paragraph GC -12.3. and grant extensions to the Contract Time for any 14 15 reason OWNER deems valid. 15 16 16 17 SC -14.1 Through 14.7.8, inclusive. 17 18 18 19 Delete these paragraphs and add the following in their place. 19 20 20 21 14.1. Payment. 21 22 22 23 Payment will be made to the CONTRACTOR by a General Construction 23 24 Contractor who is to be named at a later date. The General 24 25 Construction Contractor shall be responsible for receiving and 25 26 installing the equipment and for payment to the CONTRACTOR. 26 27 27 28 Payment to the General Construction Contractor for equipment being 28 29 furnished by the CONTRACTOR shall be based on the schedule that is 29 30 shown below: 30 31 31 32 Payments for equipment supplied under this contract will be made to 32 33 the General Construction Contractor in accordance with the schedule 33 34 that is listed below: 34 35 35 36 Item Payment of Contract Price 36 37 Delivery of Equipment to 75 (if operation and maintenance 37 38 Project Site manuals have not been approved) 38 39 39 40 95 (if operation and maintenance 40 41 manuals have been approved) 41 42 42 43 43 44 Completion of Startup and 100 44 45 Operation Training 45 46 46 47 Payment to the General Construction Contractor shall be subject to 47 48 5 percent retainage until the project is substantially conplete in 48 49 accordance with Paragraph 14.13 of the General Conditions. The 49 50 payment percentages that are listed above will be subject to this 50 51 retainage withheld from payment to the General Construction 51 52 Contractor. 52 53 53 BELT PRESS - CITY OF ROUND ROCK 00805 -7 00805 -8 01 SC- 14.15. 01 1 02 02 03 Add the words "and /or ENGINEER" to the first sentence of paragraph GC- 14.15.2. 03 , 04 after the words "against OWNER ". 04 05 05 06 SC -15.2. 06 II 07 07 08 Delete the paragraph after Paragraph GC- 15.2.4., which paragraph starts with the 08 09 words "OWNER may, after giving CONTRACTOR (and the Surety, if any) seven days... 09 10 " and ending with the words "lowest price for the Work performed. "; and 10 , 11 substitute the following text: 11 12 12 13 OWNER may, after giving CONTRACTOR (and the surety, if any,) 7 days written 13 ' 14 notice and to the extent permitted by Laws and Regulations, terminate the 14 15 services of CONTRACTOR. 15 16 16 17 If CONTRACTOR'S services are terminated, Surety shall have the right to take 17 ' 18 over and perform the Work; provided, however, if Surety does not commence 18 19 performance thereof within 10 consecutive calendar days after date of notice 19 20 to CONTRACTOR that the services of CONTRACTOR have been terminated, or if 20 II Surety has taken over for CONTRACTOR and while prosecuting the Work in lieu 21 22 of CONTRACTOR, any one or more of the events cited in 15.2.1. through 15.2.4. 22 23 occur, then OWNER, without process or action at law, may take over any 23 II 24 portion of the Work and complete it in a manner most advantageous to the 24 25 Owner. 25 26 26 27 SC -16 27 , 28 28 29 Delete the entire text of Article 16, which appears after the article number and 29 30 the caption and substitute the following: 30 ' 31 31 32 OWNER and CONTRACTOR may exercise such rights or remedies as either may have 32 33 under the Contract Documents or by Laws or Regulations in respect to 33 II 34 resolution of any dispute, subject to Paragraphs GC -9.10, 9.11, and 9.12. 34 35 35 36 36 37 END OF SECTION 37 1 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 DIVISION 1 GENERAL REQUIREMENTS 1 01100 -1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 01 SECTION 01100 01 02 02 03 SPECIAL CONDITIONS 03 04 04 05 05 06 1.0 WORK INCLUDED IN PROJECT 06 07 07 08 This project involves finishing and delivering a belt press to the City of 08 09 Round Rock East Wastewater Treatment Plant. The East Wastewater Treatment 09 10 Plant is located just east of the City of Round Rock. CONTRACTOR shall 10 11 determine the location of the treatment plant. 11 12 12 13 The City of Round Rock will receive bids for the belt press, evaluate the 13 14 bids received, award a contract, and then assign the belt press contract to a 14 15 General Construction Contractor. The General Construction Contractor shall 15 16 be responsible for receiving, storing, and installing the belt press and for 16 17 paying for the belt press. 17 18 18 19 2.0 SCHEDULE 19 20 20 21 Scheduling requirements are identified in the Bid Form in Section 00301. 21 22 Liquidated Range provisions are identified in the Agreement in Section 00500. 22 23 24 3.0 EQUIPMENT DIMENSION 24 25 25 26 The belt press being furnished in this Contract will be installed in an 26 27 existing building that is being modified. A drawing showing the location at 27 28 which the equipment is to be installed is bound at the back of these 28 29 documents. The equipment to be furnished in this Contract shall be of such 29 30 size that it can be installed in the location shown on the drawing. 30 31 31 32 32 33 33 34 END OF SECTION 34 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BELT PRESS - CITY OF ROUND ROCK 01340 -1 01 93H24 SECTION 01340 01 02 02 03 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & 03 04 MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS 04 05 05 06 06 07 PART 1 - GENERAL 07 08 08 09 1.01 SUMMARY 09 10 10 11 A. General: 11 12 1. Section Addresses: 12 13 a. Mechanics and administration of the submittal process for shop 13 14 drawings, operation and maintenance manuals, and miscellaneous 14 15 submittal items. 15 16 16 17 B. Related Sections include but are not necessarily limited to: 17 18 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 18 19 the Contract. 19 20 2. Division 1 - General Requirements. PO 21 3. Sections in Divisions 2 through 16 identifying required submittals. 21 22 22 23 1.02 DEFINITIONS 23 24 24 25 A. Shop Drawings: P5 26 1. See General Conditions. P6 27 2. Product data and samples are Shop Drawing information. 27 28 28 29 B. Miscellaneous Submittals: 29 30 1. Submittals other than Shop Drawings: 30 31 2. Representative types of miscellaneous submittal items include but are 31 32 not limited to: 32 33 a. Construction schedule. 33 34 b. Concrete, soil compaction, and pressure test reports. 34 35 c. HVAC test and balance reports. 35 36 d. Installed equipment and systems performance test reports. 36 37 e. Manufacturer's installation certification letters. 37 38 f. Instrumentation and control commissioning reports. 38 39 - g. Warranties. 39 40 h. Service agreements. 40 41 i. Construction photographs. 41 42 j. Survey data. 42 43 k. Cost breakdown (Schedule of Values). 43 44 44 45 1.03 TRANSMITTALS 45 46 46 47 A. Shop Drawings and Operation and Maintenance Manuals: 47 48 1. Transmit all submittals to: 48 49 49 50 HDR Engineering, Inc. 50 51 2211 S. IH -35, Suite 300 51 52 Austin, TX 78741 52 53 Attn: James R. Glaser, P.E. 53 01340 -2 01 01 1 02 2. Utilize two copies of attached Exhibit "A" to transmit all shop 02 03 drawings, product data and samples. 03 II 3. Utilize two copies of attached Exhibit "8" to transmit all Operation 04 05 and Maintenance Manuals. 05 06 4. All transmittals must be from Contractor and bear his approval stamp. 06 07 Transmittals will not be received from or returned to subcontractors. 07 II 08 a. Shop drawing transmittal stamp shall read "(Contractor's Name) 08 09 has satisfied Contractor's obligations under the Contract 09 10 Documents with respect to Contractor's review and approval as 10 , 11 stipulated under General Conditions Paragraph 6.25.1. 11 12 Transmittals will not be received from or returned to 12 13 subcontractors. 13 II 14 b. Operation and Maintenance Manual transmittal stamp may be 14 15 Contractor's standard approval stamp. 15 16 5. Provide submittal information defining specific equipment or 16 17 materials utilized on the project. Generalized product information 17 ' 18 not clearly defining specific equipment or materials to be provided 18 19 will be rejected. 19 20 20 II 21 6. Submittal schedule: 21 22 a. Shop drawings: P2 23 1) Submit within 30 days of Notice to Proceed. 23 II 24 b. Operation and Maintenance Manuals and Equipment Record Sheets: 24 25 1) Initial submittal within 60 days after date shop drawings 25 26 are approved. P6 27 27 II B. Miscellaneous Submittals: 28 29 1. Transmit under Contractor's standard letter of transmittal or 29 30 letterhead. 30 II 31 2. Submit in triplicate or as specified in individual specification 31 32 section. 32 33 3. Transmit to: 33 34 34 ' 35 HDR Engineering, Inc. 35 36 2211 S. IH -35, Suite 300 36 37 Austin, TX 78741 37 II Attn: James R. Glaser, P.E. 38 39 39 40 40 II 41 1.04 PREPARATION OF SUBMITTALS 41 42 42 43 A. Transmittal contents: 43 44 1. Coordinate and identify shop drawing contents so that all items 44 , 45 can be easily verified by the Engineer. 45 46 2. Identify equipment or material use, tag number, drawing detail 46 47 reference, weight, and other project specific information. 47 II 48 3. Provide sufficient information together with technical cuts and 48 49 technical data to allow an evaluation to be made to determine 49 50 that the item submitted is in compliance with the Contract 50 51 Documents. 51 ' 52 4. Submit items like equipment brochures, cuts of fixtures, product 52 53 data sheets or catalog sheets on 8 -1/2 x 11 IN pages. Indicate 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 01 02 03 04 05 06 II 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 II 31 32 33 34 35 36 37 38 39 40 41 42 43 ' 44 45 46 ' 47 48 49 50 51 52 53 1 11 BELT PRESS - CITY OF ROUND ROCK 01340 -3 exact item or model and all options proposed. 01 5. Include legible scale details, sizes, dimensions, performance 02 characteristics, capacities, test data, anchoring details, 03 installation instructions, storage and handling instructions, 04 color charts, layout drawings, parts catalogs, rough -in diagrams, 05 wiring diagrams, controls, weights and other pertinent data. 06 Arrange data and performance information in format similar to 07 that provided in Contract Documents. Provide, at minimum, the 08 detail provided in the Contract Documents. 09 6. If proposed equipment or materials deviate from the Contract 10 Drawings or Specifications in any way, clearly note the deviation 11 and justify the said deviation in detail in a separate letter 12 immediately following transmittal sheet. 13 14 B. Operation and Maintenance Manuals: 15 1. Number transmittals for Operation and Maintenance Manual with 16 original root number of the approved shop drawing for the item. 17 2. Submit one copy until approval is received. 18 3. Identify resubmittals with the original number plus a suffix letter 19 starting with "A." 20 4. Submit Operation and Maintenance Manuals printed on 8 -1/2 x 11 IN 21 size heavy first quality paper with standard three -hole punching and 22 bound in stiff metal hinged binder constructed as a three -ring style. 23 Provide binders with titles on front and on spine of binder. Tab each 24 section of manuals for easy reference with plastic- coated dividers. 25 Provide index for each manual. Provide plastic sheet lifters prior 26 to first page and following last page. 27 5. Reduce drawings or diagrams bound in manuals to an 8 -1/2 x 11 IN or 28 11 x 17 IN size. However, where reduction is not practical to ensure 29 readability, fold larger drawings separately and place in vinyl 30 envelopes which are bound into the binder. Identify vinyl envelopes 31 with drawing numbers. 32 6. Transmittal Content: 33 a. Submission of Operation and Maintenance Manuals is 34 applicable but not necessarily limited to: 35 1) Major equipment. 36 2) Equipment used with electrical motor loads of 1/6 HP 37 nameplate or greater. 38 3) Specialized equipment including valves and instrumentation 39 and control system components for HVAC and process systems 40 such as meters, recorders, and transmitters. 41 4) Valves greater than 12 IN DIA. 42 5) Water control gates. 43 b. Prepare operation and maintenance manuals to include, but are not 44 necessarily limited to, the following detailed information, as 45 applicable: 46 1) Equipment function, normal operating characteristics, 47 limiting operations. 48 2) Assembly, disassembly, installation, alignment, adjustment, 49 and checking instructions. 50 3) Operating instructions for start -up, routine and normal 51 operation, regulation and control, shutdown, and emergency 52 conditions. 53 01340 -4 1 01 4) Lubrication and maintenance instructions. 01 02 5) Guide to "troubleshooting." 02 03 6) Parts list and predicted life of parts subject to wear. 03 II 7) Outline, cross - section, and assembly drawings; engineering 04 05 data; and electrical diagrams, including elementary diagrams, 05 06 wiring diagrams, connection diagrams, word description of 06 , 07 wiring diagrams and interconnection diagrams. 07 08 8) Test data and performance curves. 08 09 9) A list of recommended spare parts with a price list and a 09 10 list of spare parts provided under these specifications. 10 I 11 10) Copies of installation instructions, parts lists or other 11 12 documents packed with equipment when delivered. 12 13 11) Instrumentation or tag numbers relating the equipment back 13 ' 14 to the Contract Documents. 14 15 12) Include a filled -out copy of the Equipment Record Sheet, 15 16 Exhibits C1 and C2 as the first page(s) of each Operation 16 17 and Maintenance Manual. Complete maintenance requirements in 17 1 18 detail. Simple reference to the Manual is not acceptable. 18 19 13) For equipment items involving components or subunits, an 19 20 Equipment Record Sheet for each operating component or 20 t 21 subunit is required. 21 22 22 23 1.05 ENGINEER'S REVIEW ACTION 23 ' 24 24 25 A. Shop Drawings and Samples: P5 26 26 27 1. Items within transmittals will be reviewed for overall design intent 27 ' 28 and will receive one of the following actions: 28 29 a. A - FURNISH AS SUBMITTED. 29 30 b. B - FURNISH AS NOTED (BY ENGINEER). 30 t 31 c. C - REVISE AND RESUBMIT. 31 32 d. D - REJECTED. 32 33 e. E - ENGINEER'S REVIEW NOT REQUIRED. 33 34 2. Transmittals received will be initially reviewed to ascertain 34 ' 35 inclusion of Contractor's approval stamp. Drawings not stamped by the 35 36 Contractor or stamped with a stamp containing language other than 36 37 that specified in Paragraph 1.03- A.4.a., will not be reviewed for 37 II technical content and will be returned without any action. 38 39 3. Transmittals returned with Action "A" or "B" are considered ready for 39 40 fabrication and installation. If for any reason a transmittal that 40 ' 41 has an "A" or "B" Action is resubmitted, it must be accompanied by a 41 42 letter defining the changes that have been made and the reason for 42 43 the resubmittal. Destroy or conspicuously mark "SUPERSEDED" all 43 44 documents having previously received "A" or "B" Action that are 44 ' 45 superseded by a resubmittal. 45 46 4. Transmittals with Action "A" or "B" combined with Action "C" (Revise 46 47 and Resubmit) or "0" (Rejected) will be individually analyzed giving 47 II consideration as follows: 48 49 a. The portion of the transmittal given "C" or "D" will not be 49 50 distributed (unless previously agreed to otherwise at the 50 ' 51 Preconstruction Conference). One copy or the one transparency of 51 52 the "C" or "D" drawings will be marked up and returned to the 52 53 Contractor. Correct and resubmit items so marked. 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 b. Items marked "A" or "B" will be fully distributed. 01 02 c. If a portion of the items or system proposed are acceptable, 02 03 however, the major part of the individual drawings or documents 03 04 are incomplete or require revision, the entire submittal may be 04 05 given "C" or "D" Action. This is at the sole discretion of the 05 06 Engineer. In this case, some drawings may contain relatively few 06 07 or no comments or the statement, "Resubmit to maintain a complete 07 08 package." Distribution to the Owner and field will not be made 08 09 (unless previously agreed to otherwise). 09 10 5. Failure to include any specific information specified under the 10 11 submittal paragraphs of the specifications will result in the 11 12 transmittal being returned to the Contractor with "C" or "D" Action. 12 13 6. In addition to calculations stamped and returned "E. Engineer's 13 14 Review Not Required," other transmittals such as submittals which the 14 15 Engineer considers as "Not Required," submittal information which is 15 16 supplemental to but not essential to prior submitted information, or 16 17 items of information in a transmittal which have been reviewed and 17 18 received "A" or "B" Action in a prior transmittal, will be returned 18 19 with Action "E. Engineer's Review Not Required." 19 20 7. Samples may be retained for comparison purposes. Remove samples when 20 21 directed. Include in bid all costs of furnishing and removing 21 22 samples. P2 23 8. Approved samples submitted or constructed, constitute criteria for 23 24 judging completed work. Finished work or items not equal to samples 24 25 will be rejected. 25 26 B. Operation and Maintenance Manuals: P8 27 1. Engineer will review and indicate one of the following review 27 28 actions: 28 29 a. ACCEPTABLE. P9 30 b. FURNISH AS NOTED. 30 31 c. REVISE AND RESUBMIT. 31 32 d. REJECTED. 32 33 2. Acceptable submittals will be retained with the transmittal form 33 34 returned with a request for (five) additional copies. 34 35 3. Deficient submittals will be returned along with the transmittal form 35 36 which will be marked to indicate deficient areas. 36 37 37 38 END OF SECTION 38 BELT PRESS - CITY OF ROUND ROCK 01340 -5 1 1 1 1 1 1 1 1 1 1 i1 1 1 1 II 1 'Project Name: Project Owner: 'Contractor: Address: At1n.: Date Transmitted: No. I Description Copies Remarks: Comments: HDR Engineering. Inc. Address: Attn.: A - Furnish as Submitted 8 - Furnish as Noted C - Revise and Submitt 1. Not enough information for review. 2. No reproducibles submitted. 3. Copies illegible. 4. Not enough copies submitted. 5. Wrong sequence number. 6. Wrong resubmittal suffix. 7. Wrong spec. section. 8. Wrong form used. 9. See comments. Distribution: Contractor LJ File Li Ver 10 June 1990 Exhibit A The Action Designated Above is in Accordance with the Following Legend: Shop Drawing Transmittal No. Previous Transmittal Data: D - Rejected E - Engineer's review not required 1. Submittal not Required. 2. Supplemental lnformation. Submittal retained for informational purposed only. 3. Information reviewed and approved on prior submittal. 4. See comments. By Date Field U 1 Date Received: IChecked By: I Log Page: I HDR No.: I Spec. Section: 1st. Sub. 11 ReSub. jJ Manufacturer I Dwg. or Data Action Taken' No. Owner U Other Li 1 1 1 1 1 1 1 1 1 1 1 1I 1 1 Project Name: I Project Owner: 'Contractor: Address: Date Transmitted: No. I Description of Item Copies To: Owner: Address: Exhibit B Previous Transmittal Date: I I 1 Remarks: ' From: Date: *The Action Designated Above is in Accordance with the Following Legend: A - Acceptable, Provide five additional Copies B - Furnish as Noted C- Revise and Resubmit. This Operation and Maintenance Manual Submittal is deficient in the following areas: 1. Equipment record sheets. 2. Functional description. 3. Assembly, disassembly, installation, alignment, adjustment & checkout instructions. 4. Operating instructions Comments: Distribution: V. 1.0 June 1990 Contractor U File U 0 & M Manual Transmittal No. Manufacturer HDR Engineering, Inc. 1st. Sub. U ReSub. U Dw or D ata Action Taken No. J D - Rejected I Date Received: IChecked By: I Log Page: IHDR No.: I Spec. Section: 5. Lubrication & maintenance instructions. 6. Troubleshooting guide. 7. Parts list and ordering instructions. 8. Organization (index and tabbing). 9. Wiring diagrams & schematics specific to installation. 10. Outline, cross section & assembly diagrams. 11. Test data & performance curves. 12. Tag or equipment identification numbers. 13. Other - see comments. By Date Field U Owner 11 Other U Equipment Maintenance Data Summary Project Name IPage of Equip. Description IDate Installed 'Dare Started Equip. Location 'Cost 'Estimated Lite Project Equip. Tag No. IShop Dwg. Trans. No. ISpec. Sec. Equip. Manuf. Manuf. Address 'Phone Local Vendor Vendor Address Phone BREAK -IN MAINTENANCE REQUIREMENTS (INITIAL OIL CHANGES, ETC.) ITFri r , Hours te _ 1 LLL. LLL r'O rI n PREVENTIVE MAINTENANCE REQUIREMENTS Hours RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA Part No. Part Name Quantity Equip. Make '-- Serial No. ID No. Model No. Frame No. HP IV. Amp. 'HZ SF Duty Des. IType Temp. Rise I Rating PH IRPM Code 'Ins. G. Nema IC Amb. Misc. MECHANICAL NAMEPLATE DATA Equip. Make Serial No. ' ID No. Model No. I Frame No. HP 'RPM . I Cap. 'Size TDH 'Imp.Sz.. Des. [CFM PSI 'ASSy. No. Case NO. Misc. 1 1 1 1 1 ' r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ver 1.0 dne 1990 Exhibit C1 ubricant Information on following page Equipment Record 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 fez Equipment Description Lubricant Point I ▪ r J I' Lubricant Point a[ I Fl Lubricant Point I L r � I • I 1 i B FI Lubricant Point IF I 2 IF J Fl Lubricant Point II tir IF! Fl Lubricant Point �I' I J I — I 'Lubricant Pant I Cy I J F-I Ver 1.0 June 1990 Manufacturer Manufaciurer Manu Manufacturer Manufacturer Manufacturer Manufacturer GXf11U1L LL Lubrication Summary Product 1 AGMA 0 Product 1 AGMA N Product 1Proiect Equip. Tap No. Equipment Record Page of SAE it SAE N I II ISO ISO AGMA N 1 SAE N ISO Product AGMA N I SAE N I ISO Product I AGMA # Product Product AGMA N 1 SAE N AGMA SAE N ISO SAE N ISO ISO DIVISION 11. EQUIPMENT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 93A13 SECTION 11005 01 02 02 03 EQUIPMENT: BASIC REQUIREMENTS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Requirements of this Section apply to all equipment provided on the 11 12 Project even if not specifically referenced in individual "Equipment" 12 13 articles of those Specifications. 13 14 14 15 B. Related Sections include but are not necessarily limited to: 15 16 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 16 17 the Contract. 17 18 2. Division 1 - General Requirements. 18 19 19 20 1.02 QUALITY ASSURANCE 20 21 21 22 A. Referenced Standards: 22 23 1. American Bearing Manufacturers Association (ABMA). 23 24 2. American Gear Manufacturers Association (AGMA). 24 25 3. American Society for Testing and Materials (ASTM): 25 26 a. F593, Standard Specification for Stainless Steel Bolts, Hex Cap 26 27 Screws, and Studs. 27 28 4. Institute of Electrical and Electronics Engineers (IEEE): 28 29 a. 112, Standard Test Procedure for Polyphase Induction Motors and 29 30 Generators. 30 31 5. National Electrical Manufacturers Association (NEMA): 31 32 a. 250, Enclosures for Electrical Equipment. 32 33 b. ICS 6, Enclosures for Industrial Control and System. 33 34 c. MG 1, Motors and Generators. 34 35 6. National Fire Protection Association (NFPA): 35 36 a. 70, National Electrical Code (NEC). 36 37 37 38 B. Miscellaneous: 38 39 1. A single manufacturer of a "product" to be selected and utilized 39 40 uniformly throughout Project even though: 40 41 a. More than one manufacturer is listed for a given "product" in 41 42 Specifications. 42 43 b. No manufacturer is listed. 43 44 2. Equipment, electrical assemblies, related electrical wiring, 44 45 instrumentation, controls, and system components shall FULLY comply 45 46 with specific NEC requirements related to area classification and to 46 47 NEMA 250 and ICS -6 designations shown and specified. 47 48 48 49 1.03 DEFINITIONS 49 50 50 51 A. Product: Manufactured materials and equipment. 51 52 52 53 B. Major Equipment Supports - Supports for Equipment: 53 BELT PRESS - CITY OF ROUND ROCK 11005 -1 11005 -2 01 1. Located on or suspended from elevated slabs with supported equipment 01 02 weighing 2000 LBS or greater, or: 02 03 2. Located on or suspended from roofs with supported equipment weighing 03 04 500 LBS or greater, or: 04 05 3. Located on slab -on -grade or earth supported with equipment weighing 05 06 5000 LBS or more. 06 07 07 08 C. Equipment: One or more assemblies capable of performing a complete 08 09 function. Mechanical, electrical, instrumentation or other devices 09 10 requiring an electrical, pneumatic, electronic or hydraulic connection. 10 11 Not limited to items listed under "Equipment" article within 11 12 specifications. 12 13 13 14 D. Installer or Applicator: Installer or applicator is the person actually 14 15 installing or applying the product in the field at the Project site. 15 16 1. Installer or applicator are synonymous. 16 17 17 18 1.04 SUBMITTALS 18 19 19 20 A. Shop Drawings: 20 21 1. General for all equipment: P1 22 a. See Section 01340. 22 23 b. Acknowledgement that products submitted comply with the 23 24 requirements of the standards referenced. 24 25 c. Manufacturer's delivery, storage, handling, and installation 25 26 instructions. 26 27 d. Equipment identification utilizing numbering system and name 27 28 utilized in Drawings. P8 29 e. Equipment installation details: P9 30 1) Location of anchorage. 30 31 2) Type, size, and materials of construction of anchorage. 31 32 3) Anchorage setting templates. 32 33 4) Manufacturer's installation instructions. 33 34 f. Equipment area classification rating. 34 35 g. Shipping and operating weight. 35 36 h. Equipment physical characteristics: 36 37 1) Dimensions (both horizontal and vertical). 37 38 2) Materials of construction and construction details. 38 39 i. Equipment factory primer and paint data. 39 40 j. Manufacturer's recommended spare parts list. 40 41 k. Equipment lining and coatings. 41 42 1. Equipment utility requirements include air, natural gas, 42 43 electricity, and water. 43 44 2. Mechanical and process equipment: 44 45 a. Operating characteristics: 45 46 1) Technical information including applicable performance curves 46 47 showing specified equipment capacity, rangeability, and 47 48 efficiencies. 48 49 2) Brake horsepower requirements. 49 50 3) Copies of equipment data plates. 50 51 b. Piping and duct connection size, type and location. 51 52 c. Equipment bearing life certification. 52 53 d. Equipment foundation data: 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11005 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 01 1) Equipment center of gravity. 01 02 2) Criteria for designing vibration, special or unbalanced 02 03 forces resulting from equipment operation. 03 04 3. Electrical and control equipment: 04 05 a. Electric motor information: 05 06 1) Nameplate data. 06 07 2) Service factor on motors 1/2 HP and above. 07 08 3) Motor enclosure type. 08 09 4) NEMA frame size. 09 10 5) NEMA design code. 10 11 6) Insulation type and temperature rise. 11 12 7) Locked rotor current on motors 10 HP and above. 12 13 8) Efficiency and power factor at full load, 3/4 load, and 1/2 13 14 load. 14 15 9) Stall time (hot and cold) for motors 125 HP and larger. 15 16 10) Power factor correction data for motors 10 HP and larger. 16 17 Provide recommendation from motor manufacturer giving highest 17 18 capacitor size in KVAR that may be used with each motor, or 18 19 provide motor manufacturer's published curve based on factory 19 20 tests, showing plot of power factor versus load. For 20 21 electric motors greater than 75 HP, submit the following 21 22 additional information. 22 23 a) Motor current, efficiency and power factor at: 23 24 (1) Full load, 3/4 load, and 1/2 load. 24 25 (2) Locked rotor current. P5 26 (3) Stall time damage point. P6 27 (4) Overload damage curve. P7 28 b) Motor test reports demonstrating motor capabilities equal 28 29 to or in excess of the following standard defined 29 30 criteria. 30 31 (1) Overspeed by NEMA MG 1- 12.48. 31 32 (2) Noise by NEMA MG 1- 12.49. 32 33 (3) Number of starts by NEMA MG 1- 12.50. 33 34 (4) Routine tests by NEMA MG 1- 12.51. 34 35 b. Control panels: 35 36 1) Panel construction. 36 37 2) Point -to -point wiring diagrams. 37 38 3) Scaled panel face and subpanel layout. 38 39 4) Technical product data on panel components. 39 40 5) Panel and subpanel dimensions and weights. 40 41 6) Panel access openings. 41 42 7) Nameplate test. 42 43 8) Panel anchorage. 43 44 4. Process systems defined by an individual specification section: 44 45 a. Bill of materials: 45 46 1) Item number with project tag number. 46 47 2) Item product technical data. 47 48 b. System process schematic identifying all items in the bill of 48 49 materials and items supplied by other including pipe and valves. 49 50 Include all utility connections, vents and drains. 50 51 51 52 B. Operation and Maintenance Manuals: 52 53 1. See Section 01340. 53 BELT PRESS - CITY OF ROUND ROCK 11005 -4 01 01 II 02 C. Miscellaneous Submittals: 02 03 1. Sample form letter for equipment field certification. 03 04 2. Certification that equipment has been installed properly, has been 04 II 05 initially started up, has been calibrated and /or adjusted as 05 06 required, and is ready for operation. 06 ' 07 3. Certification for major equipment supports that equipment foundation 07 08 design loads shown on the Drawings or specified have been compared to 08 09 actual loads exhibited by equipment provided for this Project and 09 10 that said design loadings are equal to or greater than the loads 10 ' 11 produced by the equipment provided. 11 12 4. Field noise testing reports if such testing is specified in narrow 12 13 scope sections. 13 14 5. Field vibration testing reports if vibration testing is specified in 14 15 narrow scope sections. 15 16 6. Notification, at least 1 week in advance, that motor testing will be 16 , 17 conducted at factory. 17 18 7. Certification from equipment manufacturer that all 18 19 manufacturer - supplied control panels that interface in any way with 19 20 other controls or panels have been submitted to and coordinated with 20 II 21 the supplier /installer of those interfacing systems. 21 22 8. Motor test reports. P2 23 9. Certification prior to Project closeout that electrical panel 23 24 drawings for manufacturer - supplied control panels truly represent 24 II 25 panel wiring including any field -made modifications. 25 26 26 27 27 ' 28 PART 2 - PRODUCTS P8 29 29 30 2.01 ACCEPTABLE MANUFACTURERS 30 ' 31 31 32 A. Subject to compliance with the Contract Documents, the following 32 33 manufacturers are acceptable: 33 II 34 1. Motors: 34 35 a. Siemens. 35 36 b. Westinghouse. 36 37 c. General Electric. 37 1 38 d. US Motors 38 39 - e. Reliance Electric. 39 40 f. Baldor. 40 41 2. Mechanical variable speed drives: 41 II 42 a. U.S. Motors (VariDrive). 42 43 b. Reeves. 43 44 44 ' 45 B. Submit requests for substitution in accordance with Specification Section 45 46 01640. 46 47 47 ' 48 2.02 MANUFACTURED UNITS 48 49 49 50 A. Electric Motors: 50 II 51 1. Provide motors designed and applied in compliance with NEMA, IEEE, 51 52 and the NEC for specific duty imposed by driven equipment. 52 53 2. Where used in conjunction with adjustable speed AC or DC drives, 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 01 02 03 04 05 06 ' 07 08 09 10 11 12 ' 13 14 15 16 17 18 19 ' 20 21 22 23 II 24 25 26 ' 27 28 29 ' 30 31 32 33 35 35 36 ' 38 38 39 40 ' 41 42 43 44 45 46 1 47 48 49 50 II 51 II 52 53 1 1 provide motors fully compatible with the speed controller. 01 3. NEMA design A and B squirrel cage induction motors to be operated 02 from variable speed AC drive controllers shall be reviewed for 03 additional deration due to: 04 a. The effect of reduced speed on the cooling of the motor. 05 b. The effect of the additional losses introduced by harmonics in 06 the power source. 07 c. Deration factors to be considered include, but are not 08 necessarily limited to: 09 1) Torque, based on reduction in cooling. 10 2) Torque, based on harmonics. 11 3) Running current, based on summation of harmonic currents. 12 d. Deration considerations shall be in accordance with NEMA 13 MG1 -1993, Part 30. Application Considerations for Constant Speed 14 Motors used on a Sinusoidal Bus with Harmonic Content and 15 General Purpose Motors used with Variable- Voltage or 16 Variable - Frequency Controls or Both." 17 4. Where frequent starting applications are specified, design for 18 frequent starting duty equivalent to duty service required by driven 19 equipment. 20 5. Rate for continuous duty at 40 DegC ambient. Design in accordance 21 with the NEMA Standards for Class F insulation with Class B 22 temperature rise above 40 DegC ambient on continuous operation or 23 intermittent duty at nameplate horsepower. P4 6. Design for full voltage starting. Y5 7. Design bearing life based upon actual operating load conditions 26 imposed by driven equipment. P7 8. Size for altitude of Project. 28 9. Size motors so that, under maximum continuous load imposed by driven 29 equipment, motor nameplate horsepower for continous operation is 30 minimum of 15 percent more than driven load or provide motor with 31 1.15 service factor in which case maximum continuous load imposed 32 shall not exceed nameplate horsepower rating motor. 33 10. Provide encapsulated windings in areas designated as wet and for 34 outdoor applications. 35 a. Provide encapsulation using a silicone or epoxy seal after the 36 windings have been dried to less than 1 percent moisture. 37 11. Furnish corrosion resistant motors for use in areas designated as 38 corrosive. 39 12. Furnish with clamp -type grounding terminals inside motor conduit 40 box. 41 13. Furnish with oversized external conduit boxes. 42 14. Furnish with stainless steel nameplates with information to include 43 all data as required by paragraph 430 -7 of the National Electric 44 Code, NFPA 70. 45 15. Use of manufacturer's standard motor will be permitted on integrally 46 constructed motor driven equipment such as appliances and hand tools 47 specified by model number in which a redesign of complete unit would 48 be required in order to provide a motor with other features as may be 49 specified herein. 50 16. Electric motors less than 1/3 HP. 51 a. Single phase, 60 HZ, suitable for supply voltage shown on 52 Drawings. 53 BELT PRESS - CITY OF ROUND ROCK 11005 -5 11005 -6 01 b. Totally enclosed non - ventilated (TENV) or totally enclosed fan 01 ' 02 cooled (TEFC). 02 03 c. Permanently lubricated sealed bearings conforming to AFBMA 03 II Standards. 04 05 d. Built -in manual -reset thermal protector or furnished with 05 06 integrally mounted stainless steel enclosed manual motor overload 06 07 switch. 07 II 08 17. Electric motors 1/3 to 1 HP inclusive: 08 09 a. Single or 3 PH, 60 HZ, suitable for supply voltage and phase 09 10 shown on Drawings. 10 ' 11 b. Totally enclosed non - ventilated (TENV) or totally enclosed fan 11 12 cooled (TEFC). 12 13 c. Specially insulated for use in damp locations below 20 DegC. 13 II d. Permanently lubricated sealed bearings conforming to AFBMA 14 15 Standards. 15 16 18. Electric motors 1 -1/2 through 10 HP: 16 17 a. 230/460 V, 60 HZ, 3 PH voltage supply. 17 II 18 b. Totally enclosed fan cooled (TEFC). 18 19 c. Specially insulated for use in damp locations below 20 DegC. 19 20 d. Permanently lubricated sealed bearings conforming to AFBMA 20 II Standards. 21 22 e. For vertical motors, provide 15 -year, average -life thrust 22 23 bearings conforming to AFBMA Standards. 23 24 19. Electrical motors greater than 10 HP. 24 II 25 a. 230/460 V, 60 HZ, 3 PH supply voltage. 25 26 b. Totally enclosed fan cooled (TEFC). 26 27 c. Specially insulated for use in damp locations below 20 DegC. 27 ' 28 d. Oil or grease lubricated antifriction bearings conforming to 28 29 AFBMA Standards. Design bearing life for 90 percent survival 29 30 rating at 50,000 HRS of operation for motors up to and including 30 II 100 HP and at 100,000 HRS of operation for motors greater than 31 32 100 HP. 32 33 e. Thermal protection: 33 34 1) Two integral thermal protectors per phase for motors 100 HP 34 , 35 and larger suitable for connection in pilot control circuit. 35 36 2) Provide resistance type winding temperature protection 36 37 included in each phase winding to detect "hot spots." 37 38 3) Remote mount controller in motor starter. Energize 38 II 39 controller from starter control power circuit. Rate 39 40 controller interrupting contacts at 120/240 V AC. 40 II 41 4) Where motors are located in hazardous classified areas 41 42 Divisions 1 and 2, provide box for potting compound to seal 42 43 connections in accordance with NEMA MG 1- 12.52. 43 44 f. For vertical motors, provide 15 -year average life thrust bearings 44 , 45 conforming to AFBMA Standards. 45 46 20. Motors 15 HP and above having a locked rotor inrush KVA greater than 46 47 6.3 times motor horsepower are not acceptable. 47 , BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 01 02 03 04 05 06 ' 07 08 09 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 II 24 25 26 27 28 29 30 ' 31 32 33 ' 34 35 36 ' 37 38 39 1 1 1 1 1 1 21. Motor efficiencies: 01 a. Provide motor having following minimum efficiencies. 02 1) Vertical induction motors: 03 04 3600 RPM 1800 RPM 1200 RPM 900 RPM 05 == 06 DPFG DPFG DPFG DPFG 07 HP TEFC WP -I TEFC WP -I TEFC WP -I TEFC WP -I 08 ___ ____ ____ ____ ____ ____ ____ ____ ____ 09 1 75.5 - -- 75.5 78.5 72.0 74.0 68.0 68.0 10 1.5 73.5 - -- 77.0 78.5 72.0 68.0 72.0 68.0 11 2 74.0 77.0 75.5 74.0 75.5 75.5 72.0 68.0 12 3 75.0 80.0 76.0 78.5 75.5 75.5 72.0 72.0 13 5 79.0 78.5 81.0 78.5 78.5 78.5 77.0 77.0 14 7.5 81.5 81.5 84.0 81.5 81.5 78.5 81.5 81.5 15 10 82.0 81.5 86.5 84.0 84.0 81.5 81.5 81.5 16 15 81.0 84.0 86.5 84.0 84.0 84.0 84.0 84.0 17 20 84.0 84.0 86.5 84.0 86.5 84.0 86.0 84.0 18 25 86.5 84.0 88.5 84.0 88.5 86.5 87.0 86.5 19 30 86.5 86.5 88.5 86.5 88.5 86.5 87.5 84.0 20 40 88.5 86.5 88.5 86.5 90.2 86.5 88.5 87.0 21 50 88.5 88.5 90.2 88.5 90.0 88.5 90.2 88.5 22 60 88.5 88.5 90.2 90.2 90.2 88.5 90.2 88.5 23 75 90.2 88.5 90.2 90.2 90.2 90.2 90.2 90.2 24 100 90.2 90.2 91.7 90.2 91.7 90.2 91.0 90.2 25 125 90.2 90.2 91.7 91.7 91.7 91.7 91.5 89.5 26 150 90.2 90.2 91.7 91.7 91.7 91.7 91.7 90.5 27 200 91.5 90.2 93.0 93.0 91.7 91.5 92.5 91.0 28 250 91.5 90.2 92.5 92.5 93.0 91.5 92.5 91.0 29 300 91.7 93.1 93.0 92.0 93.0 91.5 -- 92.0 30 350 93.5 92.5 93.0 92.0 -- 92.0 -- 92.0 31 400 94.0 93.5 93.0 92.5 -- 92.5 -- 92.0 32 450 -- 93.5 -- 92.5 -- 92.8 -- 92.2 33 500 -- 93.5 -- 93.0 -- 92.8 92.2 34 600 -- -- -- 93.5 93.3 -- 35 700 -- -- 93.5 93.3 36 800 -- -- 93.5 -- 37 900 -- -- 93.5 38 39 BELT PRESS - CITY OF ROUND ROCK 11005 -7 11005 -8 01 2) Horizontal induction motors: 01 1 02 02 03 3600 RPM 1800 RPM 1200 RPM 900 RPM 03 , 04 ____ = 04 05 DPFG DPFG DPFG DPFG 05 06 HP TEFC WP -I TEFC WP -I TEFC WP -I TEFC WP -I 06 , 07 =__ ____ ° __ = = = ___ = = == °_ ___= °_ °_ = = _ == 07 08 1 71.0 71.5 78.5 75.5 75.5 73.0 67.5 68.0 08 09 1.5 80.0 78.5 81.5 81.5 81.5 81.5 69.5 68.0 09 10 2 81.5 80.0 81.5 80.0 84.0 82.5 72.0 68.0 10 1 11 3 84.0 80.0 86.5 84.0 86.5 82.5 72.0 72.0 11 12 5 85.5 82.5 86.5 85.5 86.5 84.0 78.5 78.5 12 13 7.5 86.5 84.0 88.5 88.5 87.5 87.5 81.5 81.5 13 II 10 87.5 85.5 88.5 88.5 88.5 87.5 81.5 81.5 14 15 15 88.5 87.5 90.2 91.0 89.5 91.0 84.0 84.0 15 16 20 89.5 89.5 90.2 91.0 89.5 89.5 86.5 85.5 16 17 25 89.5 90.2 91.0 91.8 90.2 89.5 87.5 86.5 17 18 30 89.5 90.2 91.7 92.4 91.0 91.0 88.5 84.0 18 19 40 90.2 90.2 93.0 91.0 91.7 91.0 89.5 88.5 19 20 50 90.2 90.2 93.0 91.7 91.7 91.7 90.2 88.5 20 ' 21 60 91.0 90.2 93.0 92.4 93.0 91.7 90.2 88.5 21 22 75 93.0 91.7 93.0 92.4 93.0 91.7 90.2 90.2 22 23 100 93.0 91.7 94.1 93.0 93.0 93.0 91.7 90.2 23 1 24 125 93.0 92.4 94.1 93.0 93.0 93.0 91.7 90.2 24 25 150 93.0 92.4 94.1 93.6 94.1 93.0 91.7 91.4 25 26 200 94.1 91.7 94.4 94.1 94.1 93.6 93.0 91.7 26 27 250 93.7 91.7 95.2 93.0 94.5 93.0 91.0 91.0 27 1 28 300 93.5 92.0 P8 29 29 30 22. Motors 20 HP and larger shall be corrected to 94 to 96 percent 30 II lagging power factor with use of power factor correction capacitors. 31 32 23. Measure efficiencies by IEEE 112 - Method B (Method E may be used 32 33 for vertical motors 50 HP and larger. Vertical motors may eliminate 33 1 34 thrust bearing losses for efficiency measurements). 34 35 35 36 B. V -Belt Drive: 36 37 1. Provide each V -belt drive with sliding base or other suitable tension 37 1 38 adjustment. Adjustment mechanism to be 304 stainless steel. 38 39 2. Provide V -belt drives with a service factor of at least 1.6 at 39 40 maximum speed. 40 II 3. Provide staticproof belts. 41 42 42 43 C. Mechanical Variable Speed Drives: 43 1 44 1. Oil- lubricated shaft - mounted reduction gear drive capable of 300 44 45 percent shock load and providing a 1.5 service factor in accordance 45 46 with AGMA. 46 47 2. Assure infinite speed adjustment over a (_):1 range. 47 1 48 3. Secure drive to equipment base. 48 49 4. Flexible coupling between drive shaft and equipment shaft. 49 50 50 51 2.03 COMPONENTS 51 , 52 52 53 A. Gear Drives and Drive Components: 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 11 1 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 2.04 ACCESSORIES A. Guards: 1. Provide each piece of equipment having exposed moving parts with full length, easily removable guards, meeting OSHA requirements. 2. Interior applications: a. Construct from expanded galvanized steel rolled to conform to shaft or coupling surface. b. Utilize non - flattened type 16 GA galvanized steel with nominal 1/2 IN spacing. c. Connect to equipment frame with hot -dip galvanized bolts and wing nuts. 3. Exterior applications: a. Construct from 16 GA stainless steel or aluminum. b. Construct to preclude entrance of rain, snow, or moisture. c. Roll to conform to shaft or coupling surface. d. Connect to equipment frame with stainless steel bolts nuts. Anchorage: 1. Cast -in -place anchorage: a. Provide ASTM F593, Type 316 stainless equipment. Configuration and number of anchor manufacturer's recommendations. c. Provide two nuts for each bolt. 2. Drilled anchorage: a. Epoxy grout per Section 03308. b. Threaded rods same as cast -in- place. C. Data Plate: 1. Attach a stainless steel data plate to each piece of rotary or reciprocating equipment. 2. Permanently stamp information on data plate including manufacturer's name, equipment operating parameters, serial number and speed. B. 1. Size drive equipment capable of supporting full load including losses in speed reducers and power transmission. 2. Provide nominal input horsepower rating of each gear or speed reducer at least equal to nameplate horsepower of drive motor. 3. Design drive units for 24 HR continuous service, constructed so oil leakage around shafts is precluded. 4. Utilize gears, gear lubrication systems, gear drives, speed reducers, speed increasers and flexible couplings meeting applicable standards of American Gear Manufacturers Association. 5. Gear reducers: a. Provide gear reducer totally enclosed and oil lubricated. b. Utilize antifriction bearings throughout. c. Provide worm gear reducers having a service factor of at least 1.20. d. Furnish other helical, spiral bevel, and combination bevel - helical gear reducers with a service factor of at least 1.50. b. BELT PRESS - CITY OF ROUND ROCK 11005 -9 and wing steel anchorage for all bolts shall be per 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 11005 -10 01 01 02 D. Gages: 02 03 1. Provide gages in accordance with Section 13442. 03 04 2. Provide at the following locations: 04 05 a. Inlet and outlet of all reciprocating, centrifugal and positive 05 06 displacement mechanical and process equipment. 06 07 b. At locations identified on Drawings. 07 08 3. Utilities tapping sleeves for mounting per Section 15060. 08 09 09 10 E. Lifting Eye Bolts or Lugs: 10 11 1. Provide on all equipment 50 LBS or greater. 11 12 2. Provide on other equipment or products as specified in the narrow 12 13 specifications. 13 14 14 15 2.05 FABRICATION 15 16 16 17 A. Design, fabricate, and assemble equipment in accordance with modern 17 18 engineering and shop practices. 18 19 19 20 B. Manufacture individual parts to standard sizes and gages so that repair 20 21 parts, furnished at any time, can be installed in field. 21 22 22 23 C. Furnish like parts of duplicate units to be interchangeable. 23 24 24 25 D. Ensure that equipment has not been in service at any time prior to 25 26 delivery, except as required by tests. P6 27 27 28 E. Furnish equipment which require periodic internal inspection or 28 29 adjustment with access panels which will not require disassembly of 29 30 guards, dismantling of piping or equipment or similar major efforts. 30 31 Quick opening but sound, securable access ports or windows shall be 31 32 provided for inspection of chains, belts, or similar items. 32 33 33 34 F. Provide common, lipped base plate mounting for equipment and equipment 34 35 motor where said mounting is a manufacturer's standard option. Provide 35 36 drain connection for 3/4 IN PVC tubing. 36 37 37 38 G. Machine the mounting feet of rotating equipment. 38 39 39 40 H. Fabricate equipment which will be subject to Corrosive Environment in 40 41 such a way as to avoid back to back placement of surfaces that can not be 41 42 properly prepared and painted. When such back to back fabrication can 42 43 not be avoided, provide continuous welds to seal such surfaces from 43 44 contact with corrosive environment. Where continuous welds are not 44 45 practical, after painting seal the back to back surfaces from the 45 46 environment in accordance with Section 07900. 46 47 47 48 2.06 SHOP OR FACTORY PAINT FINISHES 48 49 49 50 A. Electrical Equipment: 50 51 1. The standard factory - applied paint coating system(s) of the approved 51 52 manufacturers of the following equipment are acceptable: 52 53 a. Panel boards. 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11005 -11 1 01 b. Electrical panels. 01 02 c. Switchboards. 02 II 03 d. Switchgear. 03 04 e. Safety switches. 04 05 f. Motor starter equipment. 05 06 g. Motor control centers. 06 II 07 h. Busways. 07 08 i. Raceways and cable trays. 08 09 j. Transformers. 09 II 10 k. Engine generator sets. 10 11 1. Power circuit breakers. 11 12 m. Exterior substation galvanized structural steel. 12 II 14 2. As an alternate to the acceptable standard factory - applied paint 13 14 coating systems, a manufacturer may provide a paint coating system in 14 15 accordance with Section 09906. 15 16 16 II 17 B. Other Equipment: In accordance with Section 09906. 17 18 18 19 2.07 SOURCE QUALITY CONTROL 19 II 20 20 21 A. Motor Tests: P1 22 1. Test motors in accordance with NEMA and IEEE procedures. Include the 22 II 24 following: P3 24 a. Routine test: P4 25 1) Running no -load amperes. 25 26 2) Locked rotor amperes. 26 ' 27 28 3) Winding resistance, DC. 27 4) High - potential test at twice rated voltage plus 1000 V, with 28 29 a minimum of 2200 V for 1 minute, winding to ground. 29 ' 30 5) Vibration check. 30 31 6) Wound -rotor motor, secondary volts at collector rings. 31 32 b. Complete test: 32 33 I) Rated load temperature rise. 33 ' 34 2) Slip in percent. 34 35 3) Locked rotor amperes (3 PH, full voltage). 35 36 4) Locked rotor torque. 36 ' 38 37 5) Breakdown torque. 37 6) High potential test; see paragraph 4) above. 38 39 7) Efficiencies tabulated at 100, 75, and 50 percent of full 39 II 40 load. 40 41 8) Power factor tabulated at 100, 75, and 50 percent of full 41 42 load. 42 43 9) Wound - rotor motor, secondary volts at collector rings. 43 ' 44 45 2. Provide routine test for motors 5 through 75 HP. (Test one motor of 44 each size and type) (Test all motors). 45 46 3. Provide routine and complete test for motors 100 HP and larger. 46 II 47 (Test one motor of each size and type) (Test all motors). Commercial 47 48 test will be acceptable if test results can be compared to results 48 49 from identical motors and projected to the results for a complete 49 50 test. 50 I 51 4. The Owner reserves the right to, at any time, select and have tested 51 52 any motor included within the Project. If motor passes testing 52 53 requirements, Owner will be responsible for any shipping and testing 53 1 1 BELT PRESS - CITY OF ROUND ROCK 11005 -12 01 costs incurred. Costs shall be determined by current freight rates 01 ' 02 and manufacturer's published rates at the time of the test. If motor 02 03 fails test, Contractor shall be responsible for all costs incurred. 03 II 04 If two successive motors fail the test, the Owner has the right to 04 05 reject any or all motors from that manufacturer. The Owner also 05 06 reserves the right to witness any routine or complete tests at 06 II 07 Owner's expense. 07 08 08 09 09 10 PART 3 - EXECUTION 10 11 11 12 3.01 INSTALLATION 12 13 13 II 14 A. Install equipment as shown on Drawings and in accordance with 14 15 manufacturer's directions. 15 16 16 II 17 B. Utilize templates for anchorage placement for slab- mounted equipment. 17 18 18 19 C. For equipment having drainage requirements such as seal water, provide 19 21 20 3/4 IN PVC or clear plastic tubing from equipment base to nearest floor 20 II or equipment drain. Route clear of major traffic areas and as approved 21 22 by Engineer. P2 23 P4 ' 24 D. DO NOT construct foundations until major equipment supports are approved. 24 25 25 26 E. Extend all non - accessible grease fittings using stainless steel tubing to 26 II 27 a location which allows easy access of fittings. 27 28 28 29 F. Construct subbases, either concrete, steel or cast iron, level in both 29 30 directions. Particular care shall be taken at hold -down bolt locations 30 , 31 so these areas are flat and level. 31 32 32 33 G. Machine Base: 33 II 34 1. Mount machine bases of rotating equipment on subbases in manner that 34 35 they are level in both directions according to machined surfaces on 35 36 base. Use machinist level for this procedure. 36 37 2. Level machine bases on subbases and align couplings between driver 37 II and driven unit using steel blocks and shims. 38 39 a. Size blocks and shims to provide solid support at each anchor 39 40 bolt location. Area size of blocks and shims shall be 40 II 41 approximately 1 -1/2 times area support surface at each anchor 41 42 bolt point. 42 43 b. Provide blocks and shims at each anchor bolt. Blocks and shims 43 II 44 that are square shape with "U" cut out to allow blocks and shims 44 45 to be centered on anchor bolts. 45 46 c. After all leveling and alignment has been completed and before 46 47 grouting, tighten anchor bolts to proper torque value. 47 II d. Do not use nuts below the machine base on anchor bolts for base 48 49 leveling. 49 50 51 II 51 H. Couplings: 51 52 1. Align in the annular and parallel positions. 52 53 a. For equipment rotating at 1200 rpm or less, align both annular 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 and parallel within 0.001 IN tolerance for couplings 4 IN size 01 02 and smaller. Couplings larger than 4 IN size: Increase 02 03 tolerance 0.0005 IN per inches of coupling diameter, i.e., allow 03 04 6 IN coupling 0.002 IN tolerance, and allow a 10 IN coupling 04 05 0.004 IN tolerance. 05 06 b. For equipment rotating at speeds greater than 1200 rpm allow both 06 07 annular and parallel positions within a tolerance rate of 0.00025 07 08 IN per inch coupling diameter. 08 09 2. If equipment is delivered as a mounted unit from factory, verify 09 10 factory alignment on site after installation and realigned if 10 11 necessary. 11 12 3. Check surfaces for runout before attempting to trim or align units. 12 13 13 14 I. Grouting: 14 15 1. After machine base has been shimmed, leveled, couplings aligned and 15 16 anchor bolts tightened to correct torque value, a dam or formwork 16 17 shall be placed around base to contain grouting. Extend dam or 17 18 formwork at least 1/2 IN above the top of leveling shims and blocks. 18 19 2. Saturate top of roughened concrete subbase with water before 19 20 grouting. Add grout until entire space under machine base is filled 20 21 to the top of the base underside. Puddle grout by working a stiff 21 22 wire through the grout and vent holes to work grout in place and 22 23 release any entrained air in the grout or base cavity. 23 24 3. When the grout has sufficiently hardened, remove dam or formwork and 24 25 finish the exposed grout surface to fine, smooth surface. Cover 25 26 exposed grout surfaces with wet burlap and keep covering sufficiently 26 27 wet to prevent too rapid evaporation of water from the grout. When 27 28 the grout has fully hardened (after a minimum of 7 days) tighten all 28 29 anchor bolts and recheck driver- driven unit for proper alignment. 29 30 30 31 3.02 INSTALLATION CHECKS 31 32 32 33 A. For all equipment specifically required in detailed specifications, 33 34 secure services of experienced, competent, and authorized 34 35 representative(s) of equipment manufacturer to visit site of work and 35 36 inspect, check, adjust and approve equipment installation. In each case, 36 37 representative(s) shall be present during placement and startup of 37 38 equipment and as often as necessary to resolve any operational issues 38 39 which may arise. 39 40 40 41 B. Secure from equipment manufacturer's representative(s) a written report 41 42 certifying that equipment: 42 43 1. Has been properly installed and lubricated. 43 44 2. Is in accurate alignment. 44 45 3. Is free from any undue stress imposed by connecting piping or anchor 45 46 bolts. 46 47 4. Has been operated under full load conditions and that it operated 47 48 satisfactorily. Secure and deliver a field written report to Owner 48 49 immediately prior to leaving jobsite. 49 50 50 51 C. No separate payment shall be made for installation checks. All or any 51 52 time expended during installation check does not qualify as 0 &M training 52 53 or instruction time when specified. 53 BELT PRESS - CITY OF ROUND ROCK 11005 -13 11005 -14 01 01 02 3.03 IDENTIFICATION OF EQUIPMENT AND HAZARD WARNING SIGNS 02 03 03 04 A. Identify equipment and install hazard warning signs in accordance with 04 05 Section 10400. 05 06 06 07 3.04 FIELD PAINTING AND PROTECTIVE COATINGS 07 08 08 09 A. For required field painting and protective coatings, comply with Section 09 10 09906. 10 11 11 12 3.05 WIRING CONNECTIONS AND TERMINATION 12 13 13 14 A. Clean wires before installing lugs and connectors. 14 15 15 16 B. Coat connection with oxidation eliminating compound for aluminum wire. 16 17 17 18 C. Terminate motor circuit conductors with copper lugs bolted to motor 18 19 leads. 19 20 20 21 D. Tape stripped ends of conductors and associated connectors with 21 22 electrical tape, having a thickness 150 percent of the conductor 22 23 insulation. P3 24 24 25 E. Connections to carry full ampacity of conductors without temperature 25 26 rise. P6 27 27 28 F. Terminate spare conductors with electrical tape. 28 29 29 30 3.06 FIELD QUALITY CONTROL 30 31 31 32 A. Furnish equipment manufacturer services as specified in the individual 32 33 equipment specifications. 33 34 34 35 B. Inspect wire and connections for physical damage and proper connection. 35 36 36 37 C. For motor 50 HP and above, conduct insulation resistance (megger) test on 37 38 each motor before energized. Conduct test with 500 or 1000 V DC megger. 38 39 Test each phase separately and follow procedures listed below: 39 40 1. Disconnect voltage sources, lightning arrestors, capacitors, and 40 41 other potential low insulation sources from motor before connecting 41 42 megger to motor. 42 43 2. When testing a phase, connect phases not under test to ground. 43 44 3. Apply test voltage, phase to ground, on each phase being tested. 44 45 Record resistance reading at 30 seconds and at one minute after test 45 46 voltage is applied. Divide one minute reading by 30 second reading 46 47 to obtain dielectric absorption ratio (DAR). DAR must be 1.25 or 47 48 greater for phase to pass test. 48 49 4. If phases have a DAR of 1.25 or greater, attach a tag to the motor 49 50 and mark tag "Insulation Resistance Test OK" and sign. 50 51 5. Connect equipment removed in paragraph 1 above. 51 52 52 53 D. Check rotation of motor before connection to driven equipment, before 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 01 couplings are bolted or belts installed. Before motor is started to 01 02 check rotation, determine that motor is lubricated. 02 03 03 04 E. Subbase that supports the equipment base and that is made in the form of 04 05 a cast iron or steel structure that has supporting beams, legs and cross 05 06 member that are cast welded or bolted, shall be tested for a natural 06 07 frequency of vibration after equipment is mounted. Keep the ratio of the 07 08 natural frequency of the structure to the frequency of the disturbing 08 09 force out of the range from 0.5 to 1.5. 09 10 10 11 3.07 DEMONSTRATION 11 12 12 13 A. Demonstrate equipment in accordance with Section 01650. 13 14 14 15 END OF SECTION 15 BELT PRESS - CITY OF ROUND ROCK 11005 -15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 89H10 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 1.02 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Belt filter press. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 11005 - Basic Equipment, Materials and Methods. 4. B. Mi 1. 2. 3. QUALITY ASSURANCE SECTION 11146 BELT FILTER PRESS A. Referenced Standards: 1. Anti - Friction Bearing Manufacturers Association (AFBMA). 2. American Gear Manufacturers Association (AGMA). 3. American Society for Testing and Materials (ASTM): a. A36, Steel, Sheet, Carbon, Cold- Rolled Commercial Quality. b. Al23, Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. Steel Structures Painting Council (SSPC): a. SP -10, Near -White Blast Cleaning. scel1aneous: Press manufacturer shall have single source coordination of all variable speed drive uni motors. Belt press manufacturer shall coordinate all system to assure completely functional wash 1.03 SUBMITTALS responsibility for 32 is utilized with press 33 34 components of wash water 35 system is provided to 36 presses. 37 Coordinate placement of manually operated equipment and appurtenances 38 to locations easily accessible to operator following installation of 39 all systems and equipment included in this Contract. Manually 40 operated equipment and appurtenances include but are not limited to 41 valves, reservoirs, grease zerks and other lubricating devices, 42 handwheels for wash tube assemblies, and electrical control devices. 43 44 45 46 47 48 49 50 51 52 53 A. Shop Drawings: 1. See Section 11005. 2. Certification of compatibility of all variable speed drives. 3. Utility utilization rates and pressures. 4. Performance criteria statement: a. On manufacturer's letterhead. b. Signed by officer of the company. BELT PRESS - CITY OF ROUND ROCK 11146 -1 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11146 -2 1 01 c. Restate specified operating parameters and equipment ability to 01 1 02 meet same. 02 03 5. Technical data defining all components of the hydraulic system. 03 II 6. Certification of bearing life. 04 05 7. Belt fabric specifications including material type, seam closure 05 06 design and weave. 06 II 07 8. Certified, delivered cost per pound for polymer(s) to be used in 07 08 performance test. 08 09 9. Performance test protocol. 09 10 10 II B. Operation and Maintenance Manuals: 11 1 12 1. See Section 01340 12 14 13 1 14 C. Samples: 14 15 1. 1 SF of belt material. 15 16 16 17 1.04 PROJECT /SITE CONDITIONS 17 ' 18 18 19 A. Sludge Characteristics: 19 20 1. Aerobically Digested Waste Activated (No Primary Clarifiers). 20 II 2. Solids content: 1.75 to 2.5% P1 22 3. Temperature: 60 to 85 DEG F. 22 23 4. Volatile solids: 55 to 65% 23 1 24 24 25 25 26 26 27 PART 2 - PRODUCTS P7 ' 28 28 29 2.01 ACCEPTABLE MANUFACTURERS P9 30 30 II 31 A. Subject to compliance with the Contract Documents, the Manufacturers 31 32 listed in Section 01062 are acceptable. 32 33 33 34 B. Subject to compliance with the Contract Documents, the following 34 , 35 Manufacturers are acceptable: 35 36 1. Belt filter presses: 36 37 a. Ashbrook- Simon- Hartley. 37 II b. Roediger. 38 39 c. Enviroquip. 39 40 40 ' 41 C. Submit requests for substitution in accordance with Specification Section 41 42 01640. 42 43 43 44 2.02 MATERIALS 44 , 45 45 46 A. Belt Press SHB1 (BFP- 00002): 46 47 1. Machine frame: ASTM A36 steel. 47 ' 48 2. Rollers: 48 49 a. Drive rollers: ASTM A36 steel with Rilsan nylon, Buna -N or 49 50 chlorinated rubber coating. 50 ' 51 b. Others: 51 52 1) 304 stainless steel or 52 53 2) ASTM A36 steel with thermo plastic nylon, Buna -N, or teflon 53 BELT PRESS - CITY OF ROUND ROCK II I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 coating. 01 02 3. Roller shafts: 02 03 a) 1018 carbon steel or 03 04 b) 304 stainless steel. 04 05 4. Plows and sludge mixing equipment: Hot- dipped galvanized cast iron 05 06 or stainless steel with high- density polyethylene blade. 06 07 5. Gravity grid: High- density polyethylene. 07 08 6. Gravity grid frame: 316 stainless steel frame. 08 09 7. Scraper blades: 09 10 a. High- density polyethylene or 10 11 b. Laminated fiberglass. 11 12 c. Springs: 304 or 316 stainless steel. 12 13 8. Belt filter cloth: Continuous weave monofilament polyester twill. 13 14 9. Belt seam closures: Type 316 stainless steel. 14 15 10. Spray headers and nozzles: Type 316 stainless steel. 15 16 11. Spray headers housing: Type 316 stainless steel and high- density 16 17 polyethylene. 17 18 12. Spray nozzle cleaning brush: Brass. 18 19 13. Drainage pans: 19 20 a. 316 stainless steel. 20 21 14. Internal piping: Schedule 80 PVC. 21 22 15. Miscellaneous hardware and anchor bolts: Type 316 stainless steel. 22 23 16. Polymer injection ring: 23 24 a. High- density polyethylene or 24 25 b. PVC. 25 26 17. Variable orifice mixer: 26 27 a. 316 stainless steel. 27 28 18. Sludge distribution chute: 316 stainless steel. 28 29 19. Sludge discharge chute: 316 stainless steel. 29 30 20. Flocculation tank: 316 stainless steel. 30 31 21. Hydraulic fluid lines: 316 stainless steel. 31 32 22. Belt spray station enclosure: 316 stainless steel. 32 33 23. All other parts in contact with belt: 33 34 a. Stainless steel or nylon- coated or 34 35 b. Rubber - coated steel. 35 36 24. Control panel: 36 37 a. 304 stainless steel or 37 38 25. Grease extension tubing: 304 stainless steel. 38 39 39 40 2.03 EQUIPMENT 40 41 41 42 A. Performance and Configuration Requirements for Each Press: 42 43 1. Belt presses: SHB1 (BFP- 0002). 43 44 a. Capacity in LB /HR dry weight solids: 1200. 44 45 b. Hydraulic capacity in gpm: 140. 45 46 c. Dewatered cake solids: 17 percent. 46 47 d. Solids capture rate: 95 percent. 47 48 e. Wash water: 80 gpm at 85 psi. 48 49 f. Nominal Belt width: 2 Meters. 49 50 g. Layout configuration: As shown on Drawings. 50 51 51 52 2.04 ACCESSORIES 52 53 53 BELT PRESS - CITY OF ROUND ROCK 11146 -3 11146 -4 01 A. See Section 11005. 01 II 02 02 03 B. Provide one set of all tools required to change belts and rollers. 03 ' 04 04 05 C. Controls: 05 06 1. General: 06 ' 07 a. Control panels. 07 08 1) Main panel in control room to be unclassified. 08 09 2) Catwalk panel to be NEMA 4 X. 09 10 b. Each panel includes all controls, interlock, relays and contacts 10 ' 11 required to interface with related panels and MCC's. 11 12 c. Panel instruments: 12 13 1) Catwalk Panel (BFP- 00002). 13 ' 14 a) HOA, speed indicator (0 -100 %) and speed increase decrease 14 15 controls for: 15 16 Belt Drive. 16 17 Sludge Pump BFPP- 00002. 17 ' 18 Sludge Pump BEPP- 00003. 18 19 Polymer Feed Unit PF- 00002. 19 20 2) Main Panel. 20 ' 21 a) HOA switch and indicating light for each system component 21 22 except sludge and polymer feed pumps, and belt drive. 22 23 b) RUN /OFF lights for all motors. 23 ' 24 2. Automatic start -up sequence: 24 25 a. Place all individual components in auto mode. 25 26 b. Activate single master switch at each press to initiate automatic 26 27 sequence. 27 ' 28 c. Start belt drives and hydraulic (or pneumatic) system. 28 29 d. After field adjustable time interval, open associated belt spray 29 30 valve. 30 II 31 e. Manually start sludge and polymer feed pumps. 31 32 3. Automatic shutdown sequence: 32 33 a. Activate single master switch at each press to initiate automatic 33 34 sequence. 34 ' 35 b. Stop sludge and polymer feed pump. 35 36 c. After adjustable timed cycle to wash belts: 36 37 1) Close spray water valve. 37 ' 38 d. Shut down belt drives and hydraulic or pneumatic system. 38 39 4. Interlock controls such that automatic shutdown of belt press for any 39 40 reason shuts down belt press feed pumps and polymer feed pumps. 40 II 41 5. Provide manual override controls for manual operation of belt press 41 42 equipment. 42 43 6. Special functions: 43 44 a. Emergency shut -off system: 44 ' 45 1) Pull cable system ringing press which will stop all equipment 45 46 associated with the belt press. 46 47 2) All components stainless steel. 47 , 48 b. Gravity section sensors: 48 49 1) High liquid level before sludge overflows side bars. 49 50 2) Loss of cake. 50 51 c. Belt speed indication. 51 ' 52 7. Shutdown alarms: 52 53 a. Belt alignment failure. 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 b. Tensioning systems failure. 01 02 c. Hydraulic or pneumatic system low pressure. 02 03 d. Spray water system low pressure. 03 04 e. Broken belt. 04 05 f. Emergency stop. 05 06 g. High liquid level in gravity drainage zone. 06 07 h. Loss of cake. 07 08 08 09 2.05 FABRICATION 09 10 10 11 A. General: 11 12 1. Fabricate continuous belt filters having gravity, wedge and pressure 12 13 zones. 13 14 14 15 B. Frame: 15 16 1. Welded and /or bolted structural shapes. 16 17 2. Maximum deflection of frame member at belt tension of 40 LB/ linear 17 18 inch: 0.025 IN. 18 19 3. Construct to allow removal of any roller without removal of other 19 20 rollers or disassembly of frame. 20 21 4. Maximum stress at any point at belt tension of 40 LB /linear inch: 25 21 22 percent of member's yield strength. 22 23 5. Provide appropriate lifting lugs to permit ready removal of pieces 23 24 with overhead monorail for maintenance or access. 24 25 6. Chamfer all fixed edges along belt operating surfaces. 25 26 7. Minimum cross - section moment of inertia: 32.1 IN(4). 26 27 8. Finishes: 27 28 a. Sandblast steel per SSPC -SPIO. P8 29 b. 4 to 7 mils hot - dipped galvanizing or 29 30 30 31 C. Rollers: 31 32 1. Provide minimum of one perforated drum immediately following gravity 32 33 dewatering zone. 33 34 a. Perforations 1/2 IN DIA minimum. 34 35 2. Utilize minimum of seven drum rollers of perforated or solid design 35 36 in shear - pressure zone. 36 37 3. Assure belts in contact with roller for minimum of 180 degrees 37 38 average of all of the pressure rollers. 38 39 4. Maximum deflection at belt loading /tension of 40 LB /linear inch: 39 40 0.05 IN. 40 41 5. Apply minimum 1/4 IN thick coating to drive rollers and 20 mil 41 42 coating on all others. 42 43 6. Coat all rollers to point of insertion into pillow block. Assure 43 44 coating does not extend into bearing flat seal. 44 45 45 46 D. Roller Bearings: 46 47 1. Externally mounted, split case, self - aligning ball or roller type. 47 48 2. Locate in cap - sealed, splashproof pillow block housings. 48 49 3. Minimum AFBMA 13-10 life: 400,000 HRS at maximum belt speed. 49 50 4. Include grease seals and zerks extended to face of frame. 50 51 5. Fabricate to assure all bearings greaseable while press is running. 51 52 6. Utilize four -bolt mounting. 52 53 53 BELT PRESS - CITY OF ROUND ROCK 11146 -5 11146 -6 II 01 E. Roller Shafts: 01 ' 02 1. Safety factor for bending stress on shaft: 4.0 02 03 03 ' 04 04 05 F. Polymer Injection Mix Equipment: 05 06 1. Variable orifice mixer: 06 ' 07 a. One unit per belt press. 07 08 2. Injection rings: 08 09 a. Solid PVC block fabricated to same ID and OD of pipe flange. 09 10 11 b. Split polymer flow into four feed points around periphery of 10 , pipe. 11 12 12 13 G. Sludge Inlet Box: 13 ' 14 1. Design to distribute sludge evenly over entire working width of belt 14 15 ahead of gravity drainage section. 15 16 2. Provide skirt around perimeter to prevent leakage or splashing. 16 ' 17 17 18 H. Gravity Dewatering Section: 18 19 1. Horizontal gravity belt system: 19 20 a. Belt supported by grid assembly or free - turning rolls across 20 II entire width. 21 22 b. Contain sludge on belt with flexible seals. 22 23 c. Sludge plows: P3 II 24 1) Provide plows or similar devices to promote dewatering and to 24 25 distribute sludge across belt. 25 26 2) Minimum of five rows. P6 27 3) Stagger positions of plows between adjacent rows. 27 ' 28 4) Minimum of seven plows per row. 28 29 5) Provide lifting handles or similar mechanism on each row to 29 30 permit lifting of plows with means to lock in retracted 30 , 31 position. 31 32 d. Minimum effective area: 90 F. 32 33 e. Horizontal section configuration only, inclined section not 33 1 34 acceptable. 34 35 35 36 I. Wedge Zone: 36 37 1. Provide gradually increased application of pressure to sludge through 37 ' 38 wedge- shaped section. 38 39 2. Wipers to remove water from both sides of belt. 39 40 3. Minimum effective area: 60 SF. 40 , 41 4. Adjustable while press is operating. 41 42 42 43 J. Pressure Zone: 43 44 45 1. Provide increased compression of cake by passing over rolls to 44 ' alternate pressure from one side to the other. 45 46 2. Minimum effective area: 118 SF. 46 47 48 ' 48 K. Belt Alignment System: 48 49 1. Provide continuous tracking and correction of belt alignment. 49 50 2. Hydraulic or pneumatic align belt devices. 50 ' 51 3. System to provide smooth and slow adjustments without sharp or sudden 51 52 movement. 52 53 4. Provide backup limit switches to stop drives and sound alarm upon 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 detecting belt overtravel. 01 02 5. Anchor hydraulic or pneumatic piping rigidly and securely to frame. 02 03 6. System allowing tracking rollers to oscillate from full deflection 03 04 one direction to full deflection in the opposite direction are not 04 05 acceptable. 05 06 06 07 L. Belt Tensioning: 07 08 1. Hydraulic or pneumatic tensioning system to maintain dewatering 08 09 pressure. 09 10 2. Manually adjustable tension setpoint. 10 11 3. Individual control station for each tension control point located by 11 12 each press control panel. 12 13 a. Provide pressure gage to read out directly in pounds /linear inch 13 14 and to indicate normal operating limits. 14 15 4. Assure parallel movement of tensioning rollers. 15 16 5. Furnish one tensioning roller for each belt. 16 17 6. System to accommodate at least 3.0 percent increase in belt length. 17 18 7. Furnish sensing devices to stop press in case of tensioning system 18 19 failure. 19 20 20 21 M. Belt Press Drive: 21 22 1. Adjustable speed gear motor rigidly attached to frame. 22 23 2. Variable frequency drive. 23 24 3. Size: 3 HP. 24 25 4. Operating range: 3 to 20 FT per minute. 25 26 5. TEFC chemical duty enclosure. 26 27 6. See Section 11005. 27 28 28 29 N. Belt Washing Systems: 29 30 1. Provide washing stations for upper and lower belts. 30 31 2. Enclosure boxes: 31 32 a. 16 GA. 32 33 b. Completely enclose spray system. 33 34 c. Replaceable seals at belt entrance and exit. 34 35 d. Provide continuous hinged door to allow access to spray system. 35 36 e. Latch to hold access door closed. 36 37 3. High - pressure spray header with flat spray nozzles. 37 38 _ 4. Include handwheel- operated brush, operable from center platform, to 38 39 permit nozzle cleaning without disassembly or interrupting operation. 39 40 5. Provide in -line strainer ahead of inlet to nozzles. 40 41 6. Solenoid valves: 41 42 a. Provide at inlet to each spray header. 42 43 b. Enclosure: Rated for area classification. 43 44 c. 115 V/1 PH /60 HZ power. 44 45 45 46 0. Drainage System: 46 47 1. Provide drainage pans for gravity and pressure dewatering zones. 47 48 2. Mount drain system securely to frame in such a way as to prevent 48 49 vibration noise and allow cleaning. 49 50 3. Provide sampling points for each stream. 50 51 4. Drainage pans 12 GA (stainless steel). 51 52 52 53 P. Belts: 53 BELT PRESS - CITY OF ROUND ROCK 11146 -7 11146 -8 01 1. Width: 2.2 meters. 01 02 2. Seams: 02 03 a. Strength equal to or greater than belt. 03 04 b. Readily repairable and replaceable. 04 05 c. Closures to not interfere with scraper blades or other equipment. 05 06 d. Provide protective flap for seam. 06 07 3. Manufacturer to determine type and mesh size. 07 08 4. Belt replaceable without requiring removal of machine components or 08 09 changes in tension adjustments. 09 10 5. Tensile strength at least three times maximum belt tension. 10 11 6. Minimum guaranteed operating life: 2,000 HRS. 11 12 12 13 Q. Scraper Blades: 13 14 1. Furnish to separate cake from top and bottom belts across entire 14 15 width. 15 16 2. Dual edges. 16 17 3. Mount on spring- loaded counter - weighted assembly. 17 18 4. Blades adjustable and field replaceable. 18 19 5. Provide means to retract and lock blades in single motion. 19 20 20 21 R. Hydraulic Power Pack (For Hydraulically Powered Systems): 21 22 1. Complete system including pumps, motors, valves, controls, tubing, 22 23 system enclosure and appurtenances. 23 24 2. Pressure rating: 1,000 psi. 24 25 3. Furnish one per belt press. 25 26 4. Self- contained unit. 26 27 5. Accessories: 27 28 a. Oil filter. 28 29 b. Pressure gage. P9 30 c. Temperature gage. 30 31 d. Level gage. 31 32 e. Filler strainer breather cap. 32 33 f. Reservoir: 20 GAL minimum. 33 34 g. Master pressure regulator. 34 35 6. Hydraulic pump: 35 36 a. Motor: 36 37 1) 1.5 HP minimum. 37 38 2) Chemical duty; TEFC. 38 39 3) Mount on heavy -duty pump motor mounting plate. 39 40 7. Provide rubber pads between both pump and motor mounting. 40 41 8. Incorporate necessary time delays to assure power pack is at 41 42 operating pressure before starting of belt press motor. 42 43 43 44 S. Air Supply: (For Pneumatically Controlled Systems). 44 45 1. Furnish a receiver mounted single stage air compressor for each 45 46 press. 46 47 2. Receiver: 17 gallon ASME code 200 psi rated. 47 48 3. Accessories: 48 49 a. Pressure gage. 49 50 b. Automatic overload protector. 50 51 c. Intake air filter- muffler. 51 52 d. Pressure switch. 52 53 e. Safety valve. 53 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 f. Tank drain. 01 02 g. Outlet valve. 02 03 h. Constant speed regulator. 03 04 i. Control panel including motor starter. 04 05 4. Motor. 05 06 a. 1.5 HP, 460, 3ph, TEFC. 06 07 07 08 T. Press Connections: 08 09 1. Sludge: 6 IN ANSI 125 LB flanged. 09 10 2. Polymer: 1 IN NPT. 10 11 3. Belt spray: 1 1/2 IN NPT. 11 12 12 13 2.06 MAINTENANCE MATERIALS 13 14 14 15 A. Furnish Owner the following extra materials: 15 16 1. Filter belts: One complete set. 16 17 2. One set of doctor blades. 17 18 3. One solenoid valve for each size used on press. 18 19 4. One set of each type of bearing and housing. 19 20 5. One steering sensor used for belt alignment. 20 21 6. One repair kit for each size hydraulic or pneumatic cylinder or 21 22 diaphragm. P2 23 7. One hydraulic or pneumatic belt tensioning and steering valve. 23 24 8. Spare drive belt of each type used. 24 25 9. One set of spray header housing seals to replace one complete belt 25 26 press housing seal. 26 27 10. Two sets of replaceable seals, gaskets, and wearing parts for drive. 27 28 28 29 29 30 PART 3 - EXECUTION 30 31 31 32 3.01 INSTALLATION 32 33 33 34 A. See Section 11005. 34 35 35 36 B. Mount control panels at locations shown on Drawings. 36 37 37 38 C. Securely fasten all pneumatic /hydraulic control tubing to press frame or 38 39 other structural members. 39 40 40 41 D. Controls for hydraulic or pneumatic system for the press shall be 41 42 accessible from operating platform adjacent to the press. 42 43 43 44 E. Install injection rings upstream of in -line static mixers or spool pieces 44 45 in sludge feed lines as located on Drawings. 45 46 46 47 F. Install static mixer downstream of polymer injection ring. Belt press 47 48 supplier to recommend location of mixing device, if different than shown 48 49 on Drawings. 49 50 50 51 G. Mount emergency stop cable system around periphery of press, away from 51 52 moving parts. Assure cable is easily reachable from all platforms 52 53 adjacent to press. 53 BELT PRESS - CITY OF ROUND ROCK 11146 -9 11146 -10 01 01 1 02 H. Drainage System Piping: 02 03 1. Interconnect, allowing space for sampling. 03 II 04 2. Interconnect drains for belt wash sprays. 04 05 3. Terminate all drain lines within 6 IN of floor drain vertically and 05 06 horizontally. 06 07 4. Provide connections for flushing water with easy access. 07 ' 08 08 09 I. Use maximum 1 FT of hydraulic hose to make connection from equipment to 09 10 stainless steel tubing. 10 II 11 12 3.02 FIELD QUALITY CONTROL 12 13 13 II 14 A. Furnish services of equipment manufacturer's field service 14 15 representative(s) to: 15 16 1. Inspect equipment covered by these Specifications. 16 17 2. Supervise adjustments and installation checks. 17 , 18 3. Conduct startup of equipment and perform operational checks. 18 19 4. Provide Owner with a written statement that manufacturer's equipment 19 20 has been installed properly, started up, and is ready for operation 20 II by Owner's personnel. E1 22 5. Instruct Owner's personnel for 16 HRS at jobsite on operation and 22 23 maintenance. 23 P 24 , 25 B. Performance Test: P5 26 1. Test performed by representative of manufacturer in presence of 26 27 Engineer and /or Owner. 27 ' 28 2. Run test over continuous 6 HR period. 28 29 3. Results from test will be used to verify compliance with requirements 29 30 in PART 2 of this Section. 30 II 31 4. Samples taken one per HR (six total). 31 32 5. Tests conducted: 32 33 a. Feed percent solids (total residue). 33 34 b. Feed flow rate. 34 ' 35 c. Suspended solids of beltwash and filtrate (combined sample). 35 36 d. Polymer feed rate. 36 37 e. Polymer concentration. 37 II f. Wash water consumption. 38 39 g. Dewatered sludge solids (total residue). 39 40 6. Test will be run at press capacity listed under Article 2.02. 40 ' 41 7. Should machine not meet capacity specified, modify machine as 41 42 neccessary and retest. 42 43 43 44 44 , 45 45 46 END OF SECTION 46 BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 - I , 1 1 1 - I I B 1 1 1 — A I -- 17 1- . UTIUTY 11 r—: 17 n71 BOOSTF_R PUMP : i! REMOVE WATER SINK 13 — i r i ii - • A iii i'.■ ; h Ad III III 1 4 TO BELT 2 PL :: i • PRESS INLET ' 11 LI ,. ill 11 I 1 I :I I II i 1 • 1 I 111 1 I ‘.1 i PLUG AU. DISCONNECTED PLUMBING & DRAINAGE Engbeedn9 CO 0 6 WATER SINK UT1UTY 994K BENCH EXISTING v-111° : \ I WAU(WAY- CP12'D 4 MAP-00001 4'NPW 4x4x1 1/2 TEE W/PLUG 1:851gEl • • FLEX-SWING EXTENSION ADDED TO EXISTING CONVEYOR SYSEM BFPP -00002 BFPP-00003 ww-11■4- 11:14911 I99 II 1 II I II ' P901 EXISTING i 1 CONVEYOR I BELT 4 cop/ 6 Fx1C1100 ELI eema IFIFP-000011 CONNECT TO EXIST WASH LI HYDRAUUC UNIT, TYP = BF urWAS CONNECT i"mR TO CONVEYOR HYDRAULIC SYSTEM 6'N W CONCRETE 7 CONCRETE ROLL-OFF CONTAINER, TYP 0 6 CONVEYOR BELT IrD FD INSTALL FLOOR DRAIN 1 DEMOUT1ON PLAN 3/16"-1'-o 012 OVERHEAD DooR 1 1 1 1 I r r r r BFPP -0000+ 1/2 TYP I i EXIST 4"NPW EXIST 12"SL IrwAS 6 RFMODEL PLAN 3/16"=V-O 1'. t 11 t 1 4 r 4- E1LBJ t 1; DELT 11 =MO 9 6 BF 'N " -- FIJTURE TWAS PUMP 1 BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT CITIES OF ROUND ROCK AND AUSTIN, TEXAS N 414PN OVERHEAD DOOR T z: z 1 . :1 L_ :1 JANUARY 1995 AS NOTED L ASPHALT7 APPROXIMATE BOUNDARY BETWEEN ASPHALT AND CONCRETE PAVEMENT Z ASPHALT APPROXIMATE BOUNDARY BETWEEN ASPHALT AND CONCRETE PAVEMENT SEE WATER TANK & PUMP . P-504 FOR SCHEMATIC NOTE: THIS DRAWING HAS BEEN REDUCED TO ONE-HALF OF SCALE SHOWN. EQUIPMENT TO BE FURNISHED IN THIS PROJECT WILL BE INSTALLED IN SPACE LABELED BFP-00002. THICKENING & SOUDS DEWATERING UNIT - SHOI DEMOLITION PLAN & REMODEL PLAN 06565-005-036 P-901