The URL can be used to link to this page

R-95-05-11-15G - 5/11/1995ATTEST: KS /RESOLUTION RS50511G E LAND, City Secretary RESOLUTION NO. R- 95- 05- 11 -15G WHEREAS, the City of Round Rock has duly advertised for bids for a belt press for the East Wastewater Treatment Plant, and WHEREAS, Matous Construction has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Matous Construction, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Matous Construction 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 Matous Construction for a belt press for the East Wastewater Treatment Plant, said contract being attached hereto and incorporated herein for all purposes. RESOLVED this llth day of May, 1995. CHARLES C ‘PER, Mayor City of Round Rock, Texas THE CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (512) 218 -5555 BID TABULATION BIDS EXTENDED AND CHECKED BY : Steve Miller DATE : 5/4/95 SHEET 1 of 1 CONTRACT : INSTALLATION OF BELT PRESS LOCATION : CITY HALL DATE: 5/4/95 TIME: 2:00 P.M. ITEM Be t 'ress Insta anon TOTAL: UNIT L APPROX. QTY. BIDDERS Matous Construction Co., Inc. Bid Bond? Yes UNIT PRICE COST 47,111.11 $47,000.00 Red River Construction Co., Inc. Bid Bond? Yes UNIT PRICE COST 57,'11.11 $57,900.00 H.B. Zachry Co. Bid Bond? Yes UNIT PRICE L COST 'x.7,:11 11 $67,800.00 belt95/bidtab DATE: May 8, 1995 SUBJECT: City Council Meeting, May 11, 1995 ITEM: 15G. Consider a resolution authorizing the Mayor to enter into an agreement with Matous Construction for a belt press at the East Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Date: May 5, 1995 To: James R. Nuse, P.E. Public Works Director From: Steven Miller, P.E. Facilities Engineer MEMORANDUM Sub]: Installation of Sludge Belt Press, East WWTP On Thursday, May 4 three bids were received for the above mentioned project. The attached bid tabulation details the submitted amounts. The low bid was submitted by Matous Construction Co., Inc. at $47,000.00. The engineering estimate was $75,00.00. This company has completed previous projects for the City and I recommend to the City Council that they be awarded this contract. award/ern 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1� 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF INSTALLATION OF BELT PRESS CITY OF ROUND ROCK, TEXAS APRIL, 1995 FER HDR Engineering, Inc. ORIGINAL CONTRACT DOCUMENT k' 6 15 D5 - /1- /5S' SET NUMBER 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF 1 1 INSTALLATION OF BELT PRESS 1 CITY OF ROUND ROCK, TEXAS 1 1 1 APRIL, 1995 1 1 F ,,,,,, ' HDR Engineering, Inc. �, •. ' ■: '1 1 1 1 JAMES R. GLASER 0 , 31737 1 4 �1 ' 'ONAL •_s �' 4Zo4 1 1 1 ' 2 3 4 5 6 7 8 9 ▪ 10 ▪ 11 12 13 1 14 15 • 16 ▪ 17 18 ▪ 19 ▪ 20 21 ' 22 23 24 25 26 27 1 28 29 30 31 32 33 34 35 36 1 37 38 39 1 40 41 1 42 1 1 ADD1 -1 ADDENDUM NO. 1 INSTALLATION OF BELT PRESS EAST PLANT CITY OF ROUND ROCK The Drawings, Contract Documents, and Specifications for the referenced project are hereby modified as follows: AD -1 Item 1. Drawing 1 of 2. The following note regarding the drip pan shall be added to this drawing: "The drip pan and support system shall be capable of self support with 1 IN of water in the pan, but the plate dimension shall not be thinner than 1/8 IN if aluminum or 3/16 IN if fiberglass. Support legs and peripheral angle around drip pan shall be sized as required to support pan." AD -1 Item 2. The five pages included as part of this Addendum as Attachment 1 are to be inserted in the Appendix of the project documents. Attachment A includes a drawing of the polymer mixer being provided by Ashbrook Corporation that is to be installed in this project and a copy of a facsimile transmission from Ashbrook Corporation that provides information regarding electrical panels that are being provided by Ashbrook Corporation for installation in the this project. 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. Date: May 1, 1995 ROUND ROCK ADDENDUM 1 18. OM [MIIr RNe .0:150 010 106. X0120 11.113 Pi Tql RECOMMENDED DATE Br 0C W. COI 1,01 Pm REVISIONS OBBOWITIOH 007E DT CC n 1 1 10 8 7 006905 006960 6 5 4 3 2 1 1TEM 007952 006763 006542 006905 006960 007046 007048 007039 006961 009510 016642 4X6 PART 007952 006763 006542 007046 007048 007039 006961 009509 006907 4" PART' NMICX THIS w11100 Has 001 WA PUBLISHED a10 IS 11E SOLE P206077 of AfNRR00R CORMM41ON ` i !/91110 M blg0* Poe 00 Swim.. 0S 60!:10 o nmem6 M LOW I106 too IK, M Md. NOT 3 10 1 TRW OSSOZI a 700 0 r 00 wm 1. ro.. W1a fxw 1wl Pa w1w it n n IOW N L 0 Tux s MrSE MOSm, 000CI101611.. 1 1/a3' Eef0ES . • 7/2' OECIHB. • e .01. HWI. Smut 131S'11W. 0.. a .1,.m.e.011 ELL 01106106 iH 11005. 007952 006763 006453 006906 006960 009137 007004 007039 006961 009510 006908 6" PART' UM9160, M1E um. 010.101. StaLE• 170LF 1/90 3/16 SS HOSE CLAMP BARBED HOSE CONNECTOR, 3/4 " -14NPT GASKET COVER PLATE BARBED HOSE CONNECTOR, 1/2" VALVE STOP HANDLE COUNTERWEIGHT CLEAR FLEXIBLE TUBING POLYMER MANIFOLD BLOCK INJECTION RING MIXER BODY DESCRIPTION AshbrOOk Corporation 11600 East Haar Houston. Texas 77093 Phone 713 009 -0322 Tea; 713 1 -1320 POLYMER MIXER " TUNOT SCALE Ir 10 SK0003771 2 SIZE 6 4X6 "A 13 7/8 19 1/16" 19 1/16 CLEAR FLEXIBLE TUBING MIXER BODY INJECTION RING "1)1 I P 11=11 1~11-41111- I Porralt" ,NA ir 0 vi 0 VALVE STOP HANDLE ADJUSTABLE COUNTERWEIGHT POLYMER FEED PIPING MANIFOLD BLOCK SLUDGE FEED PIPING ATTACHMENT 1, PAGE 1 - Ap ill 1 1, 5 1111 MOR Engineering 2211 South 1 -35 Suite 300 Austin, Texas '874- Attention: Oilt Glaser Reference: Round Rock, Texas Ashbrock MPS 1 19091 Subject: sir. Glaser, NM MO M EN MI M IN NM M S NM MN I• "Remote" Panel Description & 'Catwalk" Panel Description for Future Submittal Approvals Aobbrook Cacporatian 11900 Enilla:d, Hov"Wn Taxa%77Uy0 F.O. Amt 1933 1 ro,uen Tema a [Ca Fax (l1a2,413 -:322. Telep.' (I1.i)7ae.rC!222 This letter is a conf`- rnetion of our.phone conversation on Monday, April 10, 1995 to detail the scope of requirements for the "Remote' control panel and the "Catwalk" control panel. The requirements for design was based on the specification section 11146 - 2.04.C, the existing control panel drawings and our pi:ore conversations to clarify the spec. requirements. Based on the above, Aa:lbroak proposes the following: The REMOTE CONTROL PANEL will be a 'wall mount" style NEMA 12 enclosure (approx. 48" high x 36' wide x 16' deep), painted ANSI 61 gray and will accept a 480 VAC power source supplied by others. It will be equipped with a hydraulic pump starter, belt drive VET, 480 / 120 VAC control power transformer, GE type 93 -30 programmable logic controller (PLC), general purpose plug -in style relays and terminals for interface with the Catwalk Panel and the sludge pumps and polymer pump equipment. On the door of the REMOTE CONTROL PANEL will be alarm lights (amber), and RUNNING (red) and OFF (green) status lights for the washwater valve, hydraulic pump, belt drive, eludge pump 1, sludge pump 2 and the polymer pump. A Control Power OFF/ON selector and pilot light will be supplied with an Emergency Stop, Alarm Silence, Reset and Lamp Test pushbuttons. A :.ODE SELECT 11 /OFF AUTO selector and pilot lights with AUTO START and AUTO STOP pushbuttons will be supplied for auto control from this location and ":ranual" control from the "Catwalk' location. The CATNALR CONTROL PANEL w11 be a 'wall mount' style NEMA 4x - 3C4 Stainless Steel enclosure :approx. 30" high x 24" wide x 8" deep; and will accept a 120 VAC power source from the "Remote" panel. It will be eq .lipped with Emergency Stop & Alarm Silence pushbuttons, BAND /OFF /AUTO selectors for "manual' control of the washwater valve, hydraulic pump, belt drive, sludge pump 1, sludge pump 2 and the polymer pump. Speed control of the belt drive, e_udge pump 1, sludge pump 2 and the polymer pump will be supplied, via potent' - meters (4- 20mADC) along with.speed indicators from.. 4- 20mADC signals. ATTACHMENT 1, PAGE 2 Mil = MI MN = • - - _ • UN • MN • MI M OM • A drawing is being supplied with front elevations for reference and your approval (the final drawings will have :he panels en seperate drawings). Some items to consider as you review this letter and drawing: 1. There will be only auto control at the "Remote' panel. 2, There will be only manual control at the "Catwalk" panel (via the HAND position on the MODE SELECT selector). ?, There is states indication at the 'Remote" panel only. 4. An Alarm Silence pushbutton has been added to the "Catwalk' panel for convenience. `_. Confirm the speed signals, via 4- 2CmADC, are correct for the sludge pumps and polymer pump. E. The proposal of desigr for the panels are within the proposed scope of s'apply as quoted. Drawings were not available a: time of quote, If scope of supply changes due to information on the drawings, Ashbrook may require an addendum to the purchase order. :E there are any questions to discuss during the review of this information, please do not hesitate to call ate_ I ask that a copy of this letter /drawing be returned ''approved or with :oxrr en :s" to allow :re tc continue with the electrical control panel submittal package. Sincerely, • Rick Raiser Contrcls Sngir.eering cc: Srik Nielson, Ashbrook Rob Lair:, Ashbrook ATTACHMENT 1, PAGE 3 v S 3• ] ] 1, of IMP LS 101 IW! t1 ray FA 1 trn 1- '• a• I. 5- 1 FRGi1T 6LEVA11134 4/• 3 36 X 15' I.DIA lE LOC75101E PRI4T .V1S1 61 CRAB P C -0N7A0 PAM FADMCRIICN NOTED 1. ALL PC1v1R 91111116 3.11. IE 01MAx7E0 CSVES. 600 VOLT r1PE iHWTINN 112 AVG Le 615 07 IXVRE 116100 011 rak.1053. 0 ALL CNT60L 1.1 SMALL LC STRAMIED COFFER SOC VC-1 1100 114.vr1/K 114 A56 000615 II04CI1K5C 101E0 OM 01610M6 1 ALL IHSIALME41 91114 144/1 IC 310/11060 C30PER 010 0110 V111 IVL6ALL 160E_6 O0A11 9110 AND 0/6140 .APES CAILE SHALL 1C 150 00 TREE 0716.000 AS 516110 W 0119040. 4. PLC 91116 5.11. DC 31100966EC 665001 600 501 I PE 1*1vr ASS 450 000613 3r11ER611C 60660 00 6609)1 1. S C011LC1IV1 SHALL 1E 114.411CD Al 65611 lERAlMrIEM 0 1760 601(1 551161E MONIED *00 9E 1.111 SMLCR3. 916E 0111063 kPLL 0,01 A LLEIF DIOO.R0 WEN :011[6.3 1•0 0611 4.1110O0 9X69 101 I 6 16(111E�q PAMPER .20C S P S A A (IE E LPILLI. FN xK7l'xC 7. 017031 1 • 11500 11101 1ENX7f 1W :Meg TY 1 1 LOWS. TTR111001.5 1160L 10 RA1L9 304 V.3. 1 IE AVG S IGN 1041110 TNBILAR 7flSV 1700 1EC110IAL 8:0155. 6 AL_ - 0841114.9 SHALL It PIR<L0 V1T1 EESIOMT3716 14/05100 161 3115'1915. 17. ]061(111 RA[CVAT5 DNA. IC P.10100 MOO IIK004 VIM C0VEA3. IL 11.0('6 S1I6I1111 51615 I1. 91611.69 ANC SUIPmC7C3 31E4 LOLOI 14.1 '$ LIK LP3 L.P4 :.05 pI -PI LPR 101E LPIS 1.014 IPIS UPS 1.607 LP15 L019 LP00 1.111 LP00 LP2S i0004 1005 1106 017 018 0:9 030 1,31 LP30 LP33 1.1.34 LP35 LP37 030 1.030 1.036 LPAO Imr90 31 0- 1061'151[ LSAT 1- 71051 'LW 59111005 L000 1001E - DFP t0E10D1C. STOPPED L0V V► KrDRAOLI. ICLT MIS1LIMIED ICJ TIMKEN 40 [AMC 1.I11 3LUO1E EIE1TlNC1 5110 000101 ILLY:[ 1ESEI LAW TEST @ITraI 60VER T7 41100 SOVER ' 11ND AU0O POLE 1(1.06? DELI IRCVE 311.X POMP 1 710606 PIMP 1 SW00C POP R LUNGE P1166 D 7.TMER PIM .3LTMIR PIMP MOOD 160016 SECMO L111 010 :311. PANCL FAE35DRE 66055URC FPLLT LE0EL 34 06T Lis SA10 OFF .1J'0 0 11E -5651 Cf13.0 04 AUTO STIR VA111CVM Of :LC ON 1)00 37GP VAS4VATr1 51101 !.X050 VA340A0ER 501.06 LTF ('0000001' 090 (6:1117(6 Mf0Rl0lJ PAIN -F 7001 LMVC 1LMIFS 0/F (61301616 7TF RLMN6O OFF 007X05 DAP LABEL ATTACHMENT 1, PAGE 4 109 101 6(05101/1 0101111704 t1( %TC An .m 1'+.+A r1 m•• PO... O M ASNIETC COPEIRAI,Dl N 9 ,1 LEI MIN MINIM mMO MIME MI MEN IMO III ®1111 MILIM MIME (011 LPD CCLCrl 710 (1B Ns s _ _ MN • I MTh h h MO MI MI MI • .nn r1 rv#ITN t 11A1NLESS STEEL ENC:LOSLRE SO' x ca• x g• SCCaNC LINE LOOM. Pu[L HAMO EFL AUTO 111110 Dir AUTO SPEED SPEED CEPiT LL LAND EFT MO • STEED SPEED MIN . WAD OF AUTO SPEE SPEED @RIFE 1AN0 CET tl1TD 1PEED SPEED CONrNLL HAND OFF 113T0 WNC ^LATE LIST s IPS7 LINE ‘4,112001I LO:O 411167 LPLVC ii7RALLIC POP HLT DRIVE ALT DRIVE HLT DRIVE RCRC{IET S10P N.PRN SLENCC SLUDGE PLOP I SLUDGE PV1P L MAKE PUMP 1 WDiC PLOP 2 3L07t PLOP 2 1.10.T FLOP 2 POL PIER POMP PILL11ER PWIP ROOMER PNNP ISER 04141 P.O. • 9n co 11m P aean. is 77212 ASHBROOK WiD5 N r SD do • 113.41.-f3H - -._- • 1NFl7 FILTER PRESS IXP 6/5W CONTROL PA1.F1 t ATTACHMENT 1, PAGE 5 01 TABLE OF CONTENTS 01 02 02 03 03 04 DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, 04 05 AND CONDITIONS OF THE CONTRACT 05 06 06 07 00020 NOTICE TO BIDDERS 07 08 00100 INSTRUCTIONS TO BIDDERS 08 09 00301 BID FORM 09 10 00500 AGREEMENT 10 11 GENERAL CONDITIONS 11 12 00805 SUPPLEMENTARY CONDITIONS 12 13 13 14 DIVISION 1 - GENERAL REQUIREMENTS 14 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 13 - SPECIAL CONSTRUCTION 20 21 21 22 13100 BELT PRESS INSTALLATION 22 23 23 24 DRAWINGS - BELT PRESS INSTALLATION PLAN & DETAILS 24 25 BELT PRESS INSTALLATION ELECTRICAL PLAN 25 26 26 27 APPENDIX - SELECTED BELT PRESS INFORMATION 27 28 28 29 29 30 30 31 END OF SECTION 31 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK TOC -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT I 00020 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 SECTION 00020 01 02 02 03 NOTICE TO BIDDERS 03 04 04 05 05 06 Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 E. 06 07 Main St., Round Rock, Texas 78664 -5299, for Installation of Sludge Belt 07 08 Press, will be received until 2:00 p.m. May 4, 1995, then publicly opened and 08 09 read at the same address. 09 10 10 11 Bids shall be submitted on City of Round Rock bid form. Bid form, 11 12 specifications and contract documents may be obtained from: 12 13 13 14 14 15 HDR Engineering, Inc. 15 16 2211 S. IH -35, Suite 300 16 17 Austin, TX 78741 17 18 Telephone: (512) 912 -5100 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 END OF SECTION 34 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00100 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 2. Copies of Bidding Documents. 26 27 27 28 2.1. Complete sets of the Bidding Documents may be obtained from the Issuing 28 29 Office. P9 30 30 31 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither 31 32 OWNER nor ENGINEER assume any responsibility for errors or misinterpretations 32 33 resulting from the use of incomplete sets of Bidding Documents. 33 34 34 35 2.3. OWNER and ENGINEER in making copies of Bidding Documents available on the 35 36 above terms do so only for the purpose of obtaining Bids for the Work and do not 36 37 confer a license or grant for any other use. 37 38 38 39 3. Qualifications of BIDDERS. 39 40 40 41 To demonstrate qualifications to perform the Work, each BIDDER must be prepared 41 42 to submit within 5 days after Bid opening, upon OWNER's request, detailed 42 43 written evidence, such as financial data, previous experience, present 43 44 commitments, and other such data as may be called for below (or elsewhere in the 44 45 Contract Documents). Each Bid must contain evidence of BIDDER's qualification to 45 46 do business in the state where the Project is located or covenant to obtain such 46 47 qualification prior to award of the contract. 47 48 48 49 4. Examination of Contract Documents and Site. 49 50 50 51 4.1. It is the responsibility of each BIDDER before submitting a Bid to: 51 52 52 53 4.1.1. Examine thoroughly the Contract Documents and other related data 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00100 -2 1 01 identified in the Bidding Documents (including "technical data referred to in 01 1 02 Paragraph 4.2. below). 02 03 03 ' 04 4.1.2. Visit the site to become familiar with and satisfy BIDDER as to the 04 05 general, local and site conditions that may affect cost, progress, performance 05 06 or furnishing of the Work. To make arrangements to visit the site, Bidders may 06 07 contact Steve Miller, Public Works (512) 218 -5555, or plant staff at 07 ' 08 (512) 218 -5584. 08 09 09 10 4.1.3. Consider federal, state and local Laws and Regulations that may affect 10 ' 11 cost, progress, performance or furnishing of the Work. 11 12 12 13 4.1.4. Study and carefully correlate BIDDER's knowledge and observations with 13 ' 14 the Contract Documents and such other related data. 14 15 15 16 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or 16 17 discrepancies in or between the Contract Documents and such other related 17 ' 18 documents. 18 19 19 20 When conflicts, errors, ambiguities or discrepancies are discovered in or 20 II 21 between Contract Documents and /or other related documents, and when said 21 22 conflicts, etc., have not been resolved through the interpretations by ENGINEER 22 23 as described in Paragraph 6., BIDDER shall include in the Bid the greater 23 24 quantity or better quality of Work, or compliance with the more stringent 24 ' 25 requirement resulting in a greater cost. Such greater cost shall be included in 25 26 the Bid. 26 27 27 ' 28 4.5. On request, OWNER will provide each BIDDER access to the site to conduct 28 29 such examinations, investigations. explorations, and studies as each BIDDER 29 30 deems necessary for submission of a Bid. BIDDER must fill all holes and clean up 30 II 31 and restore the site to its former conditions upon completion of such 31 32 explorations, investigations, tests and studies. 32 33 33 34 4.6. The submission of a Bid will constitute an incontrovertible representation 34 ' 35 by BIDDER (i) that BIDDER has complied with every requirement of this Article 4, 35 36 (ii) that without exception the Bid is premised upon performing and furnishing 36 37 the Work required by the Contract Documents, (iii) that BIDDER has given 37 II 38 ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies 38 39 in the Contract Documents and the written resolutions thereof by ENGINEER are 39 40 acceptable to BIDDER, and when said conflicts, etc., have not been resolved 40 41 through the interpretations by ENGINEER as described in Paragraph 6., BIDDER has 41 ' 42 included in the Bid the greater quantity or better quality of Work, or 42 43 compliance with the more stringent requirement resulting in a greater cost, and 43 44 (iv) that the Contract Documents are generally sufficient to indicate and convey 44 II 45 understanding of all terms and conditions for performing and furnishing the 45 46 Work. 46 47 47 II 48 5. NOT USED 4 8 49 49 50 6. Interpretations and Addenda. 50 51 51 ' 52 6.1. All questions about the meaning or intent of the Bidding Documents are to 52 53 be directed to ENGINEER in writing. Interpretations or clarifications 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 00100 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 considered necessary by ENGINEER in response to such questions will be issued by 01 02 Addenda mailed or delivered to all parties recorded by ENGINEER as having 02 03 received the Bidding Documents. Questions received less than 10 days prior to 03 04 the date for opening of Bids may not be answered. Only questions answered by 04 05 formal written Addenda will be binding. Oral and other interpretations or 05 06 clarifications will be without legal effect. 06 07 07 08 6.2. Addenda may also be issued to modify the Bidding Documents as deemed 08 09 advisable by OWNER or ENGINEER. 09 10 10 11 7. Bid Security. 11 12 12 13 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an 13 14 amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified 14 15 or bank check or a Bid Bond on form attached, issued by a surety meeting the 15 16 requirements of paragraph 5.1. of the General Conditions. 16 17 17 18 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER 18 19 has executed the Agreement, furnished the required contract security and 19 20 certificates of insurance and met the other conditions of the Notice of Award, 20 21 whereupon the Bid security will be returned. If the Successful BIDDER fails to 21 22 execute and deliver the Agreement and furnish the required contract security and 22 23 certificates of insurance within 10 days after the Notice of Award, OWNER may 23 24 annul the Notice of Award and the Bid security of that BIDDER will be forfeited. 24 25 The Bid security of other BIDDERS whom OWNER believes to have a reasonable 25 26 chance of receiving the award may be retained by OWNER until the earlier of the 26 27 7th day after the Effective Date of the Agreement or the 61st day (time period 27 28 for award plus 1 day) after the Bid opening, whereupon Bid security furnished by 28 29 such BIDDERS will be returned. Bid security with Bids which are not competitive 29 30 will be returned within 7 days after the Bid opening. 30 31 31 32 8. Contract Times. 32 33 33 34 The number of days within which, or the dates by which, the Work is to be 34 35 substantially completed and also completed and ready for final payment is set 35 36 forth in the Agreement or incorporated therein by reference to the attached Bid 36 37 form. 37 38 38 39 9. Liquidated Damages. 39 40 40 41 Provisions for liquidated damages, if any, are set forth in the Agreement. 41 42 42 43 10. Bid Form. 43 44 44 45 10.1. The Bid form is included with the Bidding Documents; additional copies 45 46 may be obtained from ENGINEER (or the Issuing Office). 46 47 47 48 10.2. All blanks on the Bid form must be completed by printing in black ink or 48 49 by typewriter. 49 50 50 51 10.3. Bids by corporations must be executed in the corporate name by the 51 52 president or a vice - president (or other corporate officer accompanied by 52 53 evidence of authority to sign) and the corporate seal must be affixed and 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00100 -4 1 01 attested by the secretary or an assistant secretary. The corporate address and 01 1 02 state of incorporation must be shown below the signature. 02 03 03 04 10.4. Bids by partnerships must be executed in the partnership name and signed 04 II 05 by a partner, whose title must appear under the signature and the official 05 06 address of the partnership must be shown below the signature. 06 07 07 ' 08 10.5. All names must be typed or printed in black ink below the signature. 08 09 09 10 10.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the 10 II numbers of which must be filled in on the Bid form). 11 12 12 13 10.7. The address and telephone number for communications regarding the Bid 13 II 14 must be shown. 14 15 15 16 11. Submission of Bids. 16 17 17 1 18 Bids shall be submitted on the prescribed unbound Bid form, contained in the 18 19 Bidding Documents, at the time and place indicated in the Advertisement or 19 20 Invitation to Bid, addressed to Purchasing Department of the City of 20 II 21 Round Rock. Texas and shall be enclosed in an opaque sealed envelope, 21 22 marked with the Project title and, the name and address of BIDDER, and 22 23 accompanied by the Bid security and other required documents. If the Bid 23 24 is sent through the mail or other delivery system, the sealed envelope shall 24 1 25 be enclosed in a separate envelope with the notation "BID ENCLOSED" on the 25 26 face of it. P6 27 27 II 12. Modification and Withdrawal of Bids. 28 29 29 30 12.1 Bids may be modified or withdrawn by an appropriate document duly executed 30 II 31 in the manner that a Bid must be executed and delivered to the place where Bids 31 32 are to be submitted at any time prior to the opening of Bids. 32 33 33 34 12.2 If, within 24 HRS after Bids are opened, any BIDDER files a duly signed, 34 , 35 written notice with OWNER and promptly thereafter demonstrates to the reasonable 35 36 satisfaction of OWNER that there was a material and substantial mistake in the 36 37 preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security 37 38 will be returned. Thereafter, that BIDDER will be disqualified from further 38 II 39 bidding on the Work to be provided under the Contract Documents. 39 40 40 41 13. Opening of Bids. 41 ' 42 42 43 Bids will be opened and (unless obviously non - responsive) read aloud publicly at 43 44 the place where Bids are to be submitted. An abstract of the amounts of the 44 , 45 base Bids and major alternates (if any) will be made available to BIDDERS after 45 46 the opening of Bids. 46 47 47 , 48 14. Bids to Remain Subject to Acceptance. 48 49 49 50 All Bids will remain subject to acceptance for the time period specified for 50 51 Notice of Award, but OWNER may, in sole discretion, release any Bid and return 51 , 52 the Bid security prior to that date. 52 53 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 00100 -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 15. Award of Contract. 01 02 02 03 15.1. OWNER reserves the right to reject any or all Bids, including without 03 04 limitation the rights to reject any or all nonconforming, nonresponsive, 04 05 unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER 05 06 believes that it would not be in the best interest of the Project to make an 06 07 award to that BIDDER, whether because the Bid is not responsive or the BIDDER is 07 08 unqualified or of doubtful financial ability or fails to meet any other 08 09 pertinent standard or criteria established by OWNER. OWNER also reserves the 09 10 right to waive all informalities not involving price, time or changes in the 10 11 Work and to negotiate contract terms with the Successful BIDDER. Discrepancies 11 12 between the multiplication of units of Work and unit prices will be resolved in 12 13 favor of the unit prices. Discrepancies between the indicated sum of any column 13 14 of figures and the correct sum thereof will be resolved in favor of the correct 14 15 sum. Discrepancies between words and figures will be resolved in favor of the 15 16 words. 16 17 17 18 Any or all bids will be rejected if OWNER has reason to believe that collusion 18 19 exists among the BIDDERS. 19 20 20 21 15.2. In evaluating Bids, OWNER will consider the qualifications of BIDDERS, 21 22 whether or not the Bids comply with the prescribed requirements, and such 22 23 alternates, unit prices and other data, as may be requested in the Bid form or 23 24 prior to the Notice of Award. 24 25 25 26 26 27 15.3. OWNER may conduct such investigations as OWNER deems necessary to assist 27 28 in the evaluation of any Bid and to establish the responsibility, qualifications 28 29 and financial ability of BIDDERS to perform and furnish the Work in accordance 29 30 with the Contract Documents to OWNER's satisfaction within the prescribed time. 30 31 31 32 15.4. If the contract is to be awarded, it will be awarded to lowest BIDDER 32 33 whose evaluation by OWNER indicates to OWNER that the award will be in the best 33 34 interests of the Project. 34 35 35 36 15.5. If the contract is to be awarded, OWNER will give Successful BIDDER a 36 37 Notice of Award within 60 days after the day of the Bid opening. No other act 37 38 of OWNER or others will constitute acceptance of a Bid. 38 39 39 40 16. Contract Security. 40 41 41 42 Paragraph 5.1. of the General Conditions and the Supplementary Conditions set 42 43 forth OWNER's requirements as to performance and payment Bonds. When the 43 44 Successful BIDDER delivers the executed Agreement to OWNER, it must be 44 45 accompanied by the required performance and payment Bonds. 45 46 46 47 17. Signing of Agreement. 47 48 48 49 When OWNER gives a Notice of Award to the Successful BIDDER, it will be 49 50 accompanied by the required number of unsigned counterparts of the Agreement. 50 51 Within 10 working days thereafter CONTRACTOR shall sign and deliver the required 51 52 number of counterparts of the Agreement to OWNER with the required Bonds and 52 53 certificates of insurance. Within 10 days thereafter OWNER shall deliver one 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00100 -6 01 fully signed counterpart to CONTRACTOR. 01 02 02 03 03 04 END OF SECTION 04 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 03 93F28 SECTION 00301 03 04 04 05 BID FORM 05 06 06 07 PROJECT IDENTIFICATION: Round Rock East Wastewater Treatment Plant. 07 08 08 09 CONTRACT IDENTIFICATION: Installation Belt Press. 09 10 10 11 11 12 THIS BID IS SUBMITTED TO: The Citv of Round Rock, Texas. 12 13 13 14 herein after referred to as OWNER. 14 15 15 16 1. Enter Into Agreement. 16 17 17 18 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter 18 19 into an Agreement with OWNER in the form included in the Contract Documents 19 20 and to perform and furnish all Work as specified or indicated in the Contract 20 21 Documents for the Bid Price and within the Bid Times indicated in this Bid 21 22 and in accordance with the other terms and conditions of the Contract 22 23 Documents. 23 24 24 25 2. BIDDER Accepts. 25 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 60 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 =___ _ - - -- 45 46 1 May 1, 1995 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 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00301 -2 01 01 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 04 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 17 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 21 furnishing the Work for which this Bid is submitted. 21 22 22 23 Where conflicts, errors, ambiguities or discrepancies have been 23 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 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 40 41 4. Bid Prices. 41 42 42 43 BIDDER will complete the Work, which includes installation of a belt press 43 44 with associated piping and electrical work as shown and specified, in 44 45 accordance with the Contract Documents for the following price(s): s ) : 45 46 46 47 LUMP SUM BID PRICE Forty Seven Thousand Dollars And No Cents 47 48 (use words) 48 49 49 50 $47,000.00 50 51 (use figures) 51 52 52 53 5. Completion. 53 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 00301 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 02 BIDDER agrees that the project will be completed and ready for final 03 payment in accordance with Paragraph 14.13 of the General Conditions 04 within the number of calendar days listed in the Agreement. 05 06 BIDDER accepts the provisions of the Agreement as to liquidated 07 damages in the event of failure to complete the Work within the 08 times specified in the Agreement. 09 10 6. Address for Communications. 11 12 Communications concerning this Bid shall be addressed to: 13 14 HDR Engineering, Inc. 15 2211 S. IH -35, Suite 300 16 Austin, TX 78741 17 18 7. Defined Terms. 19 20 Terms used in this Bid which are defined in the General 21 Conditions or Instructions will have the meanings indicated in 22 the General Conditions or Instructions. 23 24 25 SUBMITTED on May 4, , 1995. 26 27 If BIDDER is: 28 29 30 An Individual 31 32 By (SEAL) 33 (Individual's name) 34 35 doing business as 36 37 Business address: 38 39 40 Phone No.: 41 42 43 A Partnership 44 45 By (SEAL) 46 (Firm name) 47 48 49 (General partner) 50 51 Business address: 52 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 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 00301 -4 01 Phone No.: 02 03 04 A Corporation 05 06 By Matous Construction Co., Inc. (SEAL) 07 08 09 10 ( of incorporation) 11 12 By ,C% (SEAL) 13 14 15 16 17 18 19 20 Attest 21 22 23 Business address: 24 25 Temple, TX 76505 26 27 Phone No.: (817) 780 -1400 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 Same as above 44 45 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) Texas (Name of person authorized to sign) Vice- President (Title) (Corporate Seal) 5� 1G c c (Secretary) P.O. Box 5258 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 II 30 31 32 33 34 35 36 37 38 ' 39 40 41 42 43 44 45 46 47 48 ' 49 50 51 • INSTALLATION OF 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 93F28 SECTION 00500 01 02 02 03 AGREEMENT 03 05 THIS AGREEMENT is dated as of the / & VI day 05 06 n 06 07 of C1l M A ) in the year 19q5 by and between 07 08 /) 08 09 The 'City of Round Rock. Texas, hereinafter called OWNER, and Matous 09 10 Construction Co., Inc. 10 11 11 12 hereinafter called CONTRACTOR. 12 13 13 14 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set 14 15 forth, agree as follows: 15 16 16 17 Article 1. WORK 17 18 18 19 CONTRACTOR shall complete all Work as specified or indicated in the Contract 19 20 Documents. 20 21 21 22 Article 2. ENGINEER 22 23 23 24 The Project has been designed by HDR Engineering. Inc. 2211 S. IH -35. 24 25 Suite 300 Austin. Texas 78741, 25 26 26 27 who is hereinafter called ENGINEER and who is to act as OWNER's representative, 27 28 assume all duties and responsibilities, and have the rights and authority 28 29 assigned to ENGINEER in the Contract Documents in connection with completion of 29 30 the Work in accordance with the Contract Documents. 30 31 31 32 Article 3. CONTRACT TIMES 32 33 33 34 3.1 The work shall be completed in accordance with Paragraph GC 14.13 of the 34 35 General Conditions within 75 days of the Notice to Proceed. 35 36 36 37 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the 37 38 essence of this Agreement and that OWNER will suffer financial loss if the 38 39 Work is not completed within the times specified in paragraph 3.1. above, 39 40 plus any extensions thereof allowed in accordance with Article 12 of the 40 41 General Conditions. They also recognize the delays, expense and 41 42 difficulties involved in proving the actual loss suffered by OWNER if the 42 43 Work is not completed on time. Accordingly, instead of requiring any such 43 44 proof, OWNER and CONTRACTOR agree that as liquidated damages for delay 44 45 (but not as a penalty), CONTRACTOR shall pay OWNER Two Hundred 45 46 dollars ($200) for each day that expires after the time specified in 46 47 paragraph 3.1. for each day after the time specified in Paragraph 3.1 for 47 48 completion of the work. 48 49 49 50 Article 4. CONTRACT PRICE 50 51 51 52 OWNER shall pay CONTRACTOR for completion of the Work in accordance 52 53 with the Contract Documents an amount in current funds equal to the 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00500 -1 00500 -2 1 01 sum of the amounts determined pursuant to paragraphs 4.1. below: 01 ' 02 02 03 4.1. For all work a Lump Sum of: 03 04 04 ' 05 Fourtv Seven Thousand Dollars And No Cents 05 06 (use words) 06 07 07 ' 08 ($47.000.00) 08 09 (figures) 09 10 10 11 11 ' 12 Article 5. PAYMENT PROCEDURES 12 13 13 14 CONTRACTOR shall submit Applications for Payment in accordance with Article 14 14 , 15 of the General Conditions. Applications for Payment will be processed by 15 16 ENGINEER as provided in the General Conditions. 16 17 18 II 18 5.1 Progress Payments; Retainage. OWNER shall make progress payments on 18 19 account of the Contract Price on the basis of CONTRACTOR'S Applications 19 20 for Payment as recommended by ENGINEER, on or about the 20th day of each 20 21 month during construction as provided in paragraphs 5.1.1. and 5.1.2. 21 ' 22 below. All such payments will be measured by the schedule of values 22 23 established in paragraph 2.9 of the General Conditions (and in the case 23 24 of Unit Price Work based on the number of units completed) or, in the 24 ' 25 event there is no schedule of values, as provided in the General 25 26 Requirements. P6 27 P8 II 28 5.1.1. Prior to Substantial Completion, progress payments will be made 28 29 in an amount equal to the percentage indicated below, but, in 29 30 each case, less the aggregate of payments previously made and 30 31 less such amounts as ENGINEER shall determine, or OWNER may 31 ' 32 withhold, in accordance with paragraph 14.7 of the General 32 33 Conditions. 33 34 34 II 35 5.1.1.1. Ninety -five (95) percent of Work completed (with the balance 35 36 being retainage). 36 37 37 38 5.1.1.2. Ninety (90) percent (with the balance being retainage) of 38 ' 39 materials and equipment not incorporated in the Work (but 39 40 delivered, suitably stored and accompanied by documentation 40 41 satisfactory to Owner as provided in paragraph 14.2 of the 41 ' 42 General Conditions. 42 43 43 44 5.1.2. Upon Substantial Completion, retainage may be reduced to less 44 ' 45 than 5%, less such amounts as ENGINEER shall determine, or OWNER 45 46 may withhold, in accordance with paragraph 14.7 of the General 46 47 Conditions. 47 48 48 ' 49 5.2. Final Payment. Upon final completion and acceptance of the Work in 49 50 accordance with paragraph 14.13. of the General Conditions, OWNER shall 50 51 pay the remainder of the Contract Price as recommended by ENGINEER as 51 ' 52 provided in said paragraph 14.13. 52 53 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 00500 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 Article 6. INTEREST 01 02 02 03 All moneys not paid when due as provided in Article 14 of the General Conditions 03 04 shall bear interest at the rate of 6 percent per annum, simple interest. 04 05 05 06 Article 7. CONTRACTOR'S REPRESENTATIONS 06 07 07 08 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the 08 09 following representations: 09 10 10 11 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract 11 12 Documents and the other related data identified in the Bidding Documents 12 13 including "technical data." 13 14 14 15 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied 15 16 as to the general, local and site conditions that may affect cost, 16 17 progress, performance or furnishing of the Work. 17 18 18 19 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and 19 20 local Laws and Regulations that may affect cost, progress, performance and 20 21 furnishing of the Work. 21 22 22 23 CONTRACTOR has obtained and carefully studied (or assumes responsibility 23 24 for having done so) all such additional supplementary information which 24 25 may affect cost, progress, performance or furnishing of the Work or which 25 26 relate to any aspect of the means, methods, techniques, sequences and 26 27 procedures of construction to be employed by CONTRACTOR and safety 27 28 precautions and programs incident thereto. 28 29 29 30 CONTRACTOR does not consider that any additional examinations, 30 31 investigations, explorations. tests, studies or data are necessary for 31 32 the performance and furnishing of the Work at the Contract Price, within 32 33 the Contract Times and in accordance with the other terms and conditions 33 34 of the Contract Documents. 34 35 35 36 7.5. CONTRACTOR is aware of the general nature of Work to be performed by OWNER 36 37 and others at the site that relates to the Work as indicated in the 37 38 Contract Documents. 38 39 39 40 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information 40 41 and observations obtained from visits to the site, reports and drawings 41 42 identified in the Contract Documents and all additional examinations, 42 43 investigations, explorations, tests, studies and data with the Contract 43 44 Documents. 44 45 45 46 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, 46 47 ambiguities or discrepancies in the Contract Documents and the written 47 48 resolution thereof by ENGINEER through issued addendum or addenda is 48 49 acceptable to CONTRACTOR, and the Contract Documents are generally 49 50 sufficient to indicate and convey understanding of all terms and 50 51 conditions for performance and furnishing of the Work. When said 51 52 conflicts, etc., have not been resolved through interpretation or 52 53 clarification by ENGINEER, because of insufficient time ors otherwise, 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 45 46 47 00500 -4 48 49 By: 50 51 52 53 Attest Matous Construction Co.. Inc. By: i (v!y /PL [CORPORATE SEAL] Attest'svvc„ � r „, �(�,C, INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 01 CONTRACTOR has included in the Bid the greater quantity or better quality 01 ' 02 of Work, or compliance with the more stringent requirement resulting in a 02 03 greater cost; and said greater cost is included in the Contract Price. 03 04 04 ' 05 05 06 Article 8. - NOT USED 06 07 07 II Article 9. MISCELLANEOUS 08 09 09 10 9.1. Terms used in this Agreement which are defined in Article 1 of the General 10 ' 11 Conditions will have the meanings indicated in the General Conditions. 11 12 12 13 9.2. No other assignment by a party hereto of any rights under or interests 13 14 in the Contract Documents will be binding on another party hereto without 14 15 the written consent of the party sought to be bound; and, specifically but 15 16 without limitation, moneys that may become due and moneys that are due may 16 17 not be assigned without such consent (except to the extent that the effect 17 18 of this restriction may be limited by law), and unless specifically stated 18 19 to the contrary in any written consent to an assignment, no assignment 19 20 will release or discharge the assignor from any duty or responsibility 20 21 under the Contract Documents. 21 II 22 22 23 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns 23 24 and legal representatives to the other party hereto, its partners. 24 25 successors, assigns and legal representatives in respect to all covenants, 25 26 agreements and obligations contained in the Contract Documents. 26 27 27 28 9.4. Any provision or part of the Contract Documents held to be void or 28 29 unenforceable under any Law or Regulation shall be deemed stricken, and 29 30 all remaining provisions shall continue to be valid and binding upon OWNER 30 31 and CONTRACTOR, who agree that the Contract Documents shall be reformed to 31 32 replace such stricken provision or part thereof with a valid and 32 33 enforceable provision that comes as close as possible to expressing the 33 34 intention of the stricken provision. 34 35 35 36 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in 36 37 triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and 37 38 ENGINEER. All portions of the Contract Documents have been signed, initialed or 38 ' 39 identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. 39 1 1 0 This Agreement will be effective on / (Q 1 . / ' , 19 9 5 4 41 1 42 (which is the Effective Date of the Agreement) 43 44 OWNER City of Round Rock. Texas CONTRACTOR: 1 1 1 1 1 1 42 43 44 45 46 47 48 ' 49 50 51 52 53 1 1 RESOLUTION OF BOARD OF DIRECTORS OF MATOUS CONSTRUCTION COMPANY, INC. I, hereby certify that the following is a true copy of resolutions duly adopted by the Board of Directors at a meeting held February 1, 1995 at which a quorum was present and acting throughout. Be it resolved that the following Officers of the Corporation have the authority to sign all contracts for the Corporation. Bruce A. Matous President Don R. Schuch Vice President William A. Beach Vice President IN WITNESS WHEREOF, I have herunto set my hand and affixed the seal of said Corporation on this 1st day of February, 1995. By: Mc a ci_vns C� Secretary Matous Construction Company, Inc. — l� 01 01 02 02 03 Address for giving notices Address for giving notices 03 04 04 05 221 East Main St. P.O. Box 5258 05 06 06 07 Round Rock. TX 788664 Temple. TX 76505 07 08 08 09 License No. 09 10 10 11 Agent for service in process: 111 12 12 13 13 14 14 15 15 16 16 17 NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. 17 18 18 19 END OF SECTION 19 20 20 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00500 -5 e 74 1) UNITED STATES FIDELITY AND GUARANTY COMPANY U S F + C" IISI STATE OF TEXAS COUNTY OF BELL Bond Number 72 0120 - 16628 - 95 - (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664 - 5299 (hereinafter called the Obligee), in the penal sum of Forty Seven Thousand and no /100 Dollars ($ 47,000.00 ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 19 , a copy of which is hereto attached and made a part hereof, for Comma 214 (Texas) (1 -04) KNOW ALL MEN BY THESE PRESENTS: That .?.A T9US. p.Q.,..INr -,. P.O. JIM 5258, Temple, Texas 76505 TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) Installation of Sludge Belt Press NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ) _ day of .. Q.!..1. .. , 19 95 MATOUS CONSTRUCTION CO., I (Seal) (Seal) UNITED STATES FIDELITY AND GUARANTY COMPANY (Seal) Glenn Richards Attorney -in -tact KNOW ALL MEN BY THESE PRESENTS: That UNTIED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint Glenn Richards and Deily Mikeska of the City of Temple , Sine of T 6xas its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute. seal and aclmowledge my and all bonds, undertakings, contracts and other written instruments in the nature thereof oo behalf of the Company in its business of guanenteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. la Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with it corporate seal, duly attested by the sigoatunes of it Senior Vice President and Assistant Secretary. this 12th day of November . A.D. 1993 STATED? MARYLAND) BALTIMORE CITY ) FS 3 (10-921 UNITED STATES FIDELITY AND GUARANTY COMPANY (Signed) By (Signed) By SS: POWER OF ATTORNEY NO. 108012 UNITED STATES FIDELITY AND GUARANTY COMPANY 699250 A > -s?01.4 ' Assistant Secretary `( On this 12th day of November Ad5.1993, Wore mep y mme Robert J. Lamendola Senior Vice President of the UNITED STATES FID UARANTY COMP Paul D. ims , Assiauot Secretary of said Company, with both of whom I ty acquainted, who rk me severally duly at they. the said Robert S. Lamendola and Pa 1AI� ims r went rtapectt anion Vice President and the Assistant Secretary 1(bo of the said UNITED STATES FIDELIT the ( FIDELITY COMP COMP ration described is executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to ea Attorney was such {{{ r seal, that it war so affixed by order of the Board of Direcwrs of said corporation, and that they signed their names thereto Jae' Samar Vice PRZd Assistant Secretary, respectively, of the Company. My Commission expires the 11 o d ay, inn py .March �y T\ m (Sigd) es 99 NOTARY PUBLIC This Power of Attorney is granted under alder buy of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Sopte 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Comnpeoy, all bonds. undertakings, contracts and other inanimate Mating to said busieees may be signed, executed, and acknowledged by persons or entities appointed an Attomey(s) -in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may sod shall be executed in the muse and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Via President, or a Vice President or an Assistant Via President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and arresting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and bisdiog upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Altos y(s) -ia -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Auomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be es binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 4 Paul D. Sims . an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a me excerpt from the Resolution of the said Company as adopted by it Board of Directors on September 24, 1992 and that this Resolution is in full force and effect. 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and bar not been revoked. Inn Testimony Whereof.] have hereunto set my hand and the seal of I 1 tit TAT1 FIDELITY AND GUARANTY COMPANY on this day of , 19 . Assistant Secretary 4 6k UNITED STATES FIDELITY aND GUARANTY COMPANY USF --G IS 0 47,000.00 Contract 213 (Texas) (144) TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) STATE OF TEXAS COUNTY OF BELL Bond Number 72 16628 - 95 - 4 KNOW ALL MEN BY THESE PRESENTS: That MATOUS CONSTRUCTION CO., INC., P.O. Box 5258 Temple, Texas 76505 (hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Round Rock, 221 E. Main Street, Round Rock Texas 78664 - 5299 (hereinafter called the Obligee), in the penal sum of Forty Seven Thousand and no/100 Dollars for the payment of which sum well and truly to be made, bind ourselves, our heirs, administrators. executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 19 , a copy of which is hereto attached and made a part hereof, for Installation of Sludge Belt Press NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in acordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govemment Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said d Pnnccipaland Surety have signed and sealed this instrument this ai I — day of A r - "•: f , 19 . MATOUS CONSTRUCTION CO., INC. (Seal) 1 . 3 1..!C . (Seal) UNITED STATES FIDELITY AND GUARANTY COMPANY By ... t) Glenn Richards Attorney -In -tact UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY NO. 108012 699249 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office al the City of Baltimore, io the State of Maryland, does hereby constitute and appoint Glenn Richards and Emily Mikeska of the City of Temple , State of Texas its we and lawful Altoroey(s )-in -Fur, each in thew separate capacity if more than one is named above. to sign its Dame as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof oo behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its commute seal. • duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 12th day of November . A.D. 19 93 STATE OF MARYLAND) (Signed) By (Signed) By SS: UNITED STATES FIDELITY AND GUARANTY COMPANY iii Senior Vice President O 4 ••N ) Assistant Secretary BALTIMORE CITY ) oo this 12th day of November A 9 93, before meper,ahajIt me Robert J. Lamendola • Senior Vice President of the UNITED STATES FIDE ARANTY COMP spa �� Paul D. lms •Assistant Secretary of said Company, with both of whom 1 ty acquainted, who ire severally duly They, the said Robert J . Lamendola and Pa yl ims w ere respecu aior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY At T L> h NTY COMPA notion described is�Q executed the foregoing Power of Attorney; that They each knew the soil of said corporation; that a sell affixed to said Attorney was such �w o7 ib seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto s „i e r as Senior Vice P l do d Assistant Secretary, respectively, of the Company. MyCommiuion llth. d in March N9: 9 95 . - z ' rn ( ... o �('`��y NOTARY PUBLIC This Power of Attorney is granted under aod�byluWdity of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELIY AND GUARANTY COMPANY on Sept ern 4, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President jointly with the Secretory or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, primed or lithographed. The signature of nach of the foregoing officers and the seal of the Company may be affixed by facsimile to soy Power of Attorney or to any certificate relating thereto appointing Attomey(s )-in -Fact for purposes only of executing sad attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid sad binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Alomey(s)..in -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the name thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Paul D. Sims . an Assistant Secretary of tbe UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt foam the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effect 1, Ilse undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in Pill force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of t STki ES FIDELITY AND GUARANTY COMPANY on this day ,rrt�1 L�sn/p VVV ! FS 3 (10.92) Assistant Secretary ACOORIP. PRODUCER INSURED TOUS CONSTRUCTION OMPANY, INC. .0. BOX 5258 EMPLE, TX 76505 O TR CERTI ICHARDS INS. AGENCY . 0. BOX 3623 EMPLE TX 76505 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AND CONDITIONS OF SUCH POLICIE IMI SHOWN MAY HAVE BEEN POLICIES DESCRIBED CLLAIMSEIN IS SUBJECT TO ALL THE TERMS, TYPE OF INSURANCE BENERAL LIABIUTY �LAIMS MADE nOCCUR. OWNER'S S CONTRACTORS PROT. X General Aggregate AUTOMOBILE LIABILITY X ANY AUTO X Au0WNEDAUT05 X SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS GARAGE UABIUTY FXCESS LIABILITY q uisISR FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTMER *60 —day certifies OPOTA4WRMWM MATE OF INSiRAN ISSUE DATE (MM/OD/YY) R 06/06/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER TCX081768801 TSF11974201 ritten notice to: COMPANY LETTER COMPANY LETTER COMPANY c PROVIDENCE WASHINGTON LETTER COMPANY LETTER COMPANY LETTER POUCY EFFECTIVE DATE (MM/DD/YD 01/12/95 limit applies on a per job basis TAX388777 01/12/95 08/10/94 AUTHORIZED REPRESENTA Et COMPANIES AFFORDING COVERAGE TX WORKERS COMP FUND WESTERN ALLIANCE POUCY EXPIRATION DATE (MM/DD/Y ) 01/12/96 1/12/96 CU486835 01/12/95 01/12/96 08/10/95 City of Round Rock, Tx. 221 East lain Street Round Rock, Tx 78664 GENERAL AGGREGATE PRODUCTS- COMP/OP AGG PERSONAL S AOV. INJURY EACH OCCURRENCE E FIRE DAMAGE (Any one fire) E MED.EXP. (Any one person) E COMBINED SINGLE UMR BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE EACH ACCIDENT DISEASE - POLICY UMR DISEASE -EACH EMPLOYEE OMITS 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5.000 $ 1,000,000 $ 1,000,000 E 1,000,000 100,000 500,000 100.000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /SPECIAL ITEMS Contract Amount: $47,000 E: INSTALLATION OF SLUDGE BELT PRESS, EAST PLANT, CITY OF ROUND ROCK. WAIVER F SUBROGATION ISSUED IN FAVOR OF OWNER AND ENGINEER. ADDITIONAL INSURED NDORSEMENTS ISSUED FOR OWNER AND ENGINEER ON ALL POLICIES EXCLUDING WORK COMP. ,PERTIMOUMOWERVARROMBERMaa0MORMA CA} cELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL CITY OF ROUND ROCK, TEXAS MAIL '6,0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 221 EAST MAIN STREET LEFT, ROUND ROCK, TX 78664 alOrow- RICHARDS INSURANCE AGENCY g141981 O 1PE W4T N OI:I). INSURANCE BINDER oeYoi" s ") THIS BINDER IS A TEMPORARV INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE C OMPANY BINDER$ (AlC, NO, Ext): 817 - 778 -1607 Western Alliance Richards Insurance Agency P. O. Box 3623 Temple, Tx 76505 CODE: SUB CODE AGENCY DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED Project: ID. Project: Installation of Sludge Belt Press, City of Round Rock, Texas and East Plant, City of Round Rock Its Agents and Employees Amount: $47,000 221 East Main Street Contractor: Matous Construction Co., Inc. Round Rock, Tx 78664 COVERAGES LIMITS ' PROPERTY TYPE AND LOCATION OF PROPERTY LIABILITY COVERAGE/FORMS EACH OCCURRENCE AGGREGATE SCHEDULED FORM X COMPREHENSIVE FORM BODILY INJURY $ $ PREMISES/OPERATIONS PROPERTY DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS BI & PD COMBINED $ 1,0009000 $ 2,000,000 CONTRACTUAL PER PERSON $ R OTHER: Owners & Contractors Protective MEDICAL PAYMENTS PER ACCIDENT $ MEDICAL PAYMENTS PERSONAL INJURY $ PERSONAL INJURY FORM: • A B C $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ _ NON -OWNED AUTOS PERSONAL INJURY PROT $ GARAGE LIABILITY UNINSURED MOTORIST • $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES COLLISION: OTHER THAN COL: _ EXCESS LIABILITY i, UMBRELLA FORM OTHER THAN UMBRELLA FORM SPECIAL CONDITIONS/ OTHER COVERAGES WORKER'S COMPENSATION AND EMPLOYERS LIABILITY NAME & ADDRESS ACORD {3$ -N (1123) EFFECTIVE EXPIRATION DATE TIME DATE TIME 05/25/95 12:01 X AM 05/25/96 X 12:01 AM PM NOON COVERAGE/PERILS/FORMS THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY k. MORTGAGEE LOSS PAYEE LOAN E ACTUAL CASH VALUE STATED AMOUNT $ OTHER EACH OCCURRENCE $ AGGREGATE $ SELF - INSURED RETENTION $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE • EACH EMPLOYEE $ ADDITIONAL INSURED AUTHORIZED REPRESS 'TCHARDS INSURANCE AGENCY AMOUNT DEDUCTIBLE COINS % $ NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ®ACORD CORPORATION 1993 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note ". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. M OOi:IPe CERTII I ATE 0 PRODUCER INSURED TOUS CONSTRUCTION OMPANY, INC. . 0. BOX 5258 EMPLE, TX 76505 THIS IS ERTIFYTHATTHE POLICIES OF INSURANCE LISLOW HA ISSUED TO THE NSUR INSURED NMED ABOVE FOR THE OLIC RIOD INDICATED TO NOTWITHSTANDING ANY REQUIREMENT T OR TED C BE AFFORD VE OF BEEN ANY CONTRACT OR OTHER DOCUMEANT WITH RESPECT TPO WH PE THIS OCCLUSIO C MAY CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN POLICIES BY PAIID CLAIMSEIN IS SUBJECT TO ALL THE TERMS, O TR ICHARDS INS. AGENCY . 0. BOX 3623 EMPLE TX 76505 OTHER GENERAL UABIUTY X OMMERCIAL GENERALUABILOY X TYPE OF INSURANCE OWNERS & CONTRACTOR'S PROT. General Aggregate AUTOMOBILE UABIUTY X ANY AUTO X ALL OWNEDAUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS UABIUTY X4 ABREMLA OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 60 -day certifiec POUCY NUMBER TCX081768801 CU486835 limit applies on a per TSF11974201 NSURANCE ISSUE DATE ( MM/DO)VT n 05/25/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. COMPANY LETTER COMPANY LETTER coMPANY c PROVIDENCE WASHINGTON LETTER COMPANY LETTER COMPANY LETTER E POLICYEFFECNVE DATE (MM/DO/YY) 01/12/95 job basis TAX388777 01/12/95 01/12/9 01/12/95 08/10/94 COMPANIES AFFORDING COVERAGE TX WORKERS COMP FUND WESTERN ALLIANCE POLICY EXPIRATION DATE (MM/DDNYI 1/12/96 01/12/96 08/10/95 written notice to: C_ty of Round Rock, Tx 2!1 East Mail Street Round Rock, Tx 78664 ENERAL AGGREGATE PRODUCTS - COMP/OP AGG. PERSONAL & AD V. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MEO.ERP. (Fury one 6 C OMBINED SINGLE uMR BODILY INJURY (Per person) BODILY INJURY (Per accident) EACH ACCIDENT pep PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE STATUTORY OMITS DISEASE - POLICY OMIT DISEASE -EACH EMPLOYEE LIMITS GAGER $ 2,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 • 50,000 & 5.000 $ 1,000,000 • 1,000,00C B 1,000,000 100,000 & 500,000 & 100.000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLE$ /SPECIAL ITEMS Contrac Amount: $47,000 E: INSTALLATION OF SLUDGE BELT PRESS, EAST PLANT, CITY OF ROUND ROCK. WAIVER F SUBROGATION ISSUED IN FAVOR OF OWNER AND ENGINEER. ADDITIONAL INSURED NDORSEMENTS ISSUED FOR OWNER AND ENGINEER ON ALL POLICIES EXCLUDING WORK COMP. RI IFICATE H0LDEW CANC' LLAUON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF ROUND ROCK, TEXAS MAIL *60DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 221 EAST MAIN STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ROUND ROCK, TX 78664 LIABILITY OF ANY KIND N HE S AGENTS REPRESENTATIVES. AUTHORIZED REPRESEN RICHARDS INSURANCE AGENCY Ate MOM. INSURANCE BINDER THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE 817 - 778 -1607 COMPANY BINDER (A/C, No, Eat): CODE: AGENCY CUSTOMER ID: INSURED City of Round Rock, Texas and its agents and employees 221 East Main Street Round Rock, Tx 78664 COVERAGES PROPERTY TYPE AND LOCATION OF PROPERTY LIABILITY Richards Insurance Agency P. O. Box 3623 Temple, Tx 76505 SCHEDULED FORM X COMPREHENSIVE FORM PREMISES/OPERATIONS PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL $ OTHER: Owners & Contractors Protective MEDICAL PAYMENTS PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 1 GARAGE LIABILITY AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES COLLISION: OTHER THAN COL: EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM SPECIAL CONDITIONS/ OTHER COVERAGES WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY NAME & ADDRESS SUB CODE: COVERAGE/PERILS/FORMS COVERAGE/FORMS FORM: A B SCHEDULED VEHICLES Western Alliance EFFECTIVE DATE TIME 05/25/95 MORTGAGEE LOSS PAYEE LOAN It 12:01 X AM PM THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY s'. DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) Project: Installation of Sludge Belt Press, East Plant, City of Round Rock Amount: 47,000 Contractor: Matous Construction Co., Inc. EACH OCCURRENCE BODILY INJURY $ PROPERTY DAMAGE $ BI & PD COMBINED MEDICAL PAYMENTS PERSONAL INJURY LIMITS AMOUNT DEDUCTIBLE COINS% $ 1,000,000 PER PERSON PER ACCIDENT COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY Per accident) PROPERTY DAMAGE MEDICAL PAYMENTS PERSONAL INJURY PROT UNINSURED MOTORIST ACTUAL CASH VALUE STATED AMOUNT OTHER EACH OCCURRENCE AGGREGATE SELF•INSURED RETENTION STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE ADDITIONAL INSURED AUTHORIZED REPRESS RICHARDS INSURANCE AGENCY DATE (MWDDNY) 05/25/95 EXPIRATION DATE TIME X 12:01 AM 06/24/95 NOON AGGREGATE $ 2,000,000 $ $ $ $ ACORD IS-N (15193) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE IS ACORD CORPORATION 1993 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable In California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note ". Applicable In Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. 1 • 1 Paragraph Title Page 1 CONTENTS - - 1 2 DEFINITIONS 2 3 CONTRACTORS UNDERSTANDING 3 4 PROPOSALS 3 5 IRREGULAR PROPOSALS - 3 6 WITHDRAWAL OR REVISION OF PROPOSALS 3 7 CORPORATE BIDDERS 3 1 8 INTERPRETATIONS - 3 9 PRE QUALIFICATION OF BIDDERS. 4 MACHINERY AND EQUIPMENT 10 EQUIPMENT.STII4JLATION 4 11 SUBSTITUTIONS. "011 APPROVED EQUAL' 4 CLAUSE 12 RETURN OF BID SECURITY - - 4 1 - - 13 REJECTION OF BIDS 14 AWARD 4 15 CONTRACT SECURITY - 4 1 18 CONTRACTORS AND'SUBCQNTRACTORS - 4 INSURANCE 17 DATE. OF CONTRACT 6 18 FAILURE TO EXECUTE CONTRACT 6 I 19 ASSIGNMENTS 20 SCHEDULE OF CONSTRUCTION AND 6 COMPLETION 21 ORDER OF CONSTRUCTION - 6 ' 22 COST INFORMATION r .6 •. ' 23 SUBMITTAL OF REQUIRED DOCUMENTS 6' 24 PROVISIONS REQUIRED BY LAW DEEMED -6 INSERTED �' 25 UFLONINGSAND SPECIFICATIONS 7 26, ,CORRELATION OF" DOCUMENTS 7 _ • 1 27 ' REFERENCE TO STANDARD SPECIFICATIONS 7 28 " POINTS - 7 29 - .. RIGHT -OF -WAY 7 30 NOTICE AND SERVICE THEREOF. 7 . I. 31 TAXES : - - - - 7 '32 SUBCONTRACTING 7 22 ' ` SEPARATE CONTRACTS - 8 ' 34 LAWS. PERMITS, LICENSES. REGULATIONS 8 35 OPERATIONS AND STORAGE AREAS 8 36 RIGHT-QF -ENTRY 8 37 ACCESS AND DRAINAGE, 28 SANITARY CONVENIENCES S" 39 :DEBRIS AND CLEAN -UP PRACTICES '8 4 0 - "'SHOP DRAWINGS. SAMPLES. ' OPERATOR'S 8 INSTRUCTIONS. SERVICE AND, FARTS - - MANUALS 41 DRAWINGS SHOWING CHANGES DURING 9 CONSTRUCTION 42 MATERIALS, EQUIPMENT SUPPLIES. SERVICES AND FACILITIES WORKMANSHIP. MATERIALS AND EQUIPMENT QUALITY OF MATERIALS 9 CONTRAC100 S RESPONSIBIUTY. IN PART.. UNDER THE CONTRACT DOCUMENTS 1 1 Coovoghr 1988 HOH Engineering, Inc. GENERAL CONDITIONS Table of Contents 4 9 Paragraph Tide Page 46 .UNFAVORABLE WEATHER 10 47 SUNDAYS. HOLIDAYS AND OVERTIME 10 48 MUTUAL. RESPONSIBILITY OF CONTRACTORS 10 49 ACCIDENT PREVENTION. EMERGENCY 10 AUTHORITY TO ACT 50 PROTECTION OF WORK 10 51 PROTECTION OF'PROPERTY 10 52 PROTECTION OF PERSONS 10 53 USE OF EXPLOSIVES. DRIVING OR REMOVAL 11 OF PILES. WRECKING. EXCAVATION WORK OR OTHER SIMILAR AND POTENTIALLY DANGEROUS WORK' 54 - PATENTS, COPYRIGHTS AND ROYALTIES 11 55 CONTRACTOR'S EMPLOYEES 11 56 °.LIQUIDATED DAMAGES - - TIME AN ESSENTIAL 11 ELE ME NT - - - 57 RIGHTS OF VARIOUS INTERESTS - 11 58 TEMPORARY SUSPENSION OF THE WORK 12 59 USE OR OCCUPANCY OF COMPLETED 12 PORTIONS - • 60 AUTHORITY OF ENGINEER 12 61 - DECISIONS OF ENGINEER 12- 62 PERSONAL LIABILITY OF ENGINEER 12 63 AUTHORITY AND DUTIES OF ENGINEERS .12 FIELD RE PRESENTATIVES 64 CHANGED OR EXTRA WORK - 12 65 - CLAIMS FOR EXTRA COST 14 66 EXTENSION OF CONTRACT PERIOD 14 - ..67 CERTIFICATES. WARRANTIES AND 14 GUARANTEES - 68 "' CONSTRUCT10NREVIEW AND TESTING OF. 14 MATERIALS ANDEQUIPMENT -. - 69 "GOOD REPAIR" PERIOD , 15 70 REMEDY OF DEFECTS. DETERIORATION OR 15" DEPARTURE FROM STANDARDS 71 .. YMIATION FROM ESTIMATED QUANTITIES 15 72 .PROGRESS RAYMENTS" -15 73 PAYMENT WITHHELD 16 74 F MEASUREMENTS- . 76 75 PAYMENT. USE OR OCCUPANCY. OF WORK 16 NOT EVIDENCE OF PERFORMANCE 76 ACCEPTANCE AND FINAL PAYMENT - - " 77 ACCEPTANCE OF FINAL REIi4ENT - 16 CONSTITUTES RELEASE 78 " OWNER'S RIGHT TQ- CORRECT DEFICIENCIES '16 79 - SUSPENSION OFW )RkBYOJJNER • " 16 80 - RIGHT OF OWNER TO TERMINATE CONTRACT 17 81 CONTRACTS IN DEFAULT 17 82 ' PROCEDURE FOR DECLARING CONTRACT IN 17 DEFAULT 83 COMPLETION OF CONTRACTS IN DEFAULT - 84 - OWNER'S REMEDIES CUMULATIVE AND NON WAIVER " 16 Issue' 11 /88 2. DEFINmoNS. • The following. terms when used in the Contract Documents shall mean the following: A. ADDENDA: • - Wniten or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or the Contract Documents. B. BID. • The offer or proposal of the bidder submitted on the prescribed • - form setting .forth the prices for the Work and services to be .. performed. • C. CHANGE ORDER. Written order to• the Contractor, signed by the Engineer. the Owner and Contractor to show the approval of the Engineer. the authorization of the Owner and the acknowledgement of receipt by the Contractor to make a ,change in the Work .or an adjustment in theContract Price or the Contract Time. • . - . CHANGE PROPOSAL REOUEST (CPR). • • "A request.to the Contractor, by the Owner, through the Engineer that the Contractor perforrn "Changed or Extra Work ".' E. CONTRACT. Thewritten agreement between ()weer and Contractor covering. the Work and services to be performed as provided for by the Contract Documents. - - F, coNTRACT DOCUMENTS. The Contract Documents consist of the Proposal; the Contract the Performance,. Payment and Maintenance Bond; - the Conditions of the Contract (General. Special, Supplementary and other conditions as they may be tiled(: Information or Instruction SeBidders; all Specifications. Drawings and Plans; Addenda Change Orders when and as approved by the Engineer and the Owner Wire inviting Contractors to bid as published and all proceedings of the governing body of. the Owner relating to the Work or improvement§. - Q CON1BAtCIOR. - . ' . Fartygontracingdirect(ywith the furnish and perform all Work and services in accordance with the Contract Document§.. - - - Unless otherwwse shall mean "calendar". day, I DRS WINGS ... The drpiciegs which shore the charac searidScopeoftheWork lobe performed and which: have bean 'prepared or approved by the Engineer end are referred lain the CohtractDocuments. [ . : ENGINEER:micHrr Cr. ENGlNEER- A1'OHRECTOR • ARCiffrEC6.ENOINEER - - (1) Each of these terms shalt mean HON Engineering. Inc.. or an affiliate as otherwise :provided in -the Contract . Document or duly authorized representatives, such representatives acting aeverally within the - scope of the particular duties entrusted to them. - unfess- otheiWist provided in the Contract Documents (2( Nothing Contained in the Contract Documents shell -create any contraEtual relationship between the Engineer and any Contractor qr any Subcontractor,- . K. FIELD ORDER_ .. - Awrittanorder issued by Engineer which orders minor changes in the . Work' "consistent with the intent of the Contract' Documentsbut which does not invol eachange.intheContract Price or the Contract Time- - L FURNISH or INSTALL ar PROVIDE or SUPPiX' - Unless specifically limited in the context, the word "Furnish" or the word "Install" or the word "Provide or the word - Supply - . or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor. materials, equipment. and everything necessary to perform the Work indicated. M. GENDER AND NUMBER. - References are made as if masculine in gender and singular in number unless neuter gender is appropriate in the context; however. the use of any gender shall be applicable to all genders and the use of singular number shall include the plural and conversely. _ N. GOOD REPAIR. - - Good repair shall be construed to mean -that any defect. functional or structural deterioration (except that ordinary and reasonable use) which appreciably reduces the effective- ness or efficiency . of the or improvement for the purpose intended. or any serious departure from the standards of original construction described in the Contract Documents. shall be remedied by the Contractor. Such rernedy' wail .be made without further cost to the Owner. including in,part. all damages caused by such defect deficiency .deterioration or departure. and by its repair. replacement or correction: The requirements of Good Repair shall include in part and not by limitation: Site and Drainage Work Trench Conditions,. Landscaping. Filling, Retaining lAraifs. Rip -Rap. Revetments. Grading and-other site work activities. Q MAY. Permissive. - P, The public body or authority, corporation, association. firm or person with whom the Contractor has entered' into the Agreement and for whom the Work is to be provided. O: PROJECT, - - Total construction of which the Work cowered by the Contract Documents may be the whole or a part thereof. R PROPOSAL Prescribed form setting forththe prices forthe WWkand servlcea to be performed. $. REFERENCE 1O TRADECONMACTORS: . . When only one principal contract exists for all York Covered by the earrtrect Documents. reference to.Pada or b trade contractors in the Contract Documehts Shall rrt nple vaMuus construction crafts and such reference shall not Gres* any contraatuuat'relationahip between the Owner, and any tfatde vomractorwithwhom the principalwMrabtor Sannfea are phyaieef eramplea furnilhed Or contfarcted by - the Contractor to i luatrato.materiala equipment, w rlananship or finishes. end* establish standards bywhigh the Pauli will be fudged: - - tk "SNAIL ° IMPLIED. ; . -- . ` • ., > - • . . In the irtterestof Conciseness. some Warless. etatatnem3. and dleuaes used**. specifications exclude any form of the verb " shall" normally expressed in a verb phrase with verbs such as"'Amish. ".install" "provide," "perform," "construct." "erect' "comply." "apply"- submit or similar - verb - . but any such sentences. statements, and clauses shall be inrpreted te include the applicable form Of the phrase "The Contractor shall' and the requirements described therein shall be interpreted as mandatory elements of the Contract. - - V. SHALL Mandatory. W. SHOP DRAWINGS. Shop drawings are drawings. diagrams. illustrations, certifi- cates. test reports. schedules. performance charts, brochures, shop layouts. fabrication layouts: assembly layouts, foundation" layouts; Wiring and piping layouts. Specifications and descriptive Issue 11 /88 literature required by the Contract Documents. which are prepared by the Contractor or any Subcontractor. manufacturer, supplier or distributor. and which illustrate some portion of the Work. - - X SPECIFICATIONS. - • Those portions of the Contract Documents' consisting of written technical descriptions of materials. equipment, construction systems. standards and workmanship as applied to the Work and certain administrative details applicable thereto. Y. SUBCONTRACTOR. Party supplying labor and material "or only labor for work at the site of the project for, and under separate contract or agreement with the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner and any Subcontractor. Z. SUBSTANTIAL COMPLETION. When the Work is sufficiently complete so it may be safely. conveniently and beneficially utilized by the Owner for all of the purposes for which it was intended. • AA. WILL Mandatory. BB. WORK. All materials. supplies and equipment incorporated or to be incorporated into the construction and all labor. operations and services necessary to produce the construction. including in part all testing. obligations, duties and responsibilities necessary to the successful completion of the construction start up, and demonstration as required by the Contract Documents... - 3." CONTRACTOR'S UNDERSTANDING. A. It is understood and mutually agreed that by submitting a Proposal the Contractor acknowledges that he has carefully examined all documents pertaining to the Work, the location. accessibility and general character of the site of the Work and all existing buildings and structures within and adjacent to the site. and has satisfied himself as to the nature of the Work the condition of existing buildings and structures, the conformation of the ground, the character. quality and quantity of the material to be encountered, the character of -the equipment machinery, plant. and any other facilities needed preliminary to and during prosecution of the Work the general and local conditions, the construction hazards, and all other matters. including but not limited to the labor situation which can in any way affect the Work under the Contract. It is further mutually agreed that by submitting a Proposal the Contractor acknowledges that he has satisfied himself as to the feasibility of the Contract Documents for the construction of the Work and that he accepts all the terms, conditions and stipulations contained therein; and that he is prepared to work in peace and harmony with other contractors performing work on the site. B. No verbal agreement or conversation with any officer. agent or employee of the Owner or of the$ngineer or with the Owner himself. either before or after the execution of the Contract, shall affect or modify any of the terms, conditions. or other obligations set forth in the Contract Documents. 4. PROPOSALS. A. Proposals must be submitted on forms furnished by the Owner or the Engineer and endorsed as provided in the Contract Documents. B. Proposals must be submitted filled out with ink or typewriter. and without erasure, interlineation or changes. and if not made in accordance with the Contract Documents, will be subject to rejection as irregular. The Owner reserves the right to waive any irregularities or informalities. C. Proposals shall be made in the name of the principal and if a copartnership. the names of all partners shall be given. Exact office address shall be given in all cases. 11 Proposals . are submitted by an agent, satisfactory evidence of agency authority must accompany the Proposal. • 5. IRREGULAR PROPOSALS. A. Proposals shall. be considered irregular and may be rejected for the following reasons unless otherwise provided bylaw: (1) If the Proposal form furnished to the. bidder by the Owner or the Engineer is not used or is altered. (2) If there are unauthorized additions or conditional bids, or irregularities of any kind which may tend to make the, Proposal incomplete. indefinite. or ambiguous as to its meaning. (3) If the bidder adds any provisions reserving the right to accept or reject any award, or to enter into a contract pursuant to an. award.. (4) lithe unit or lump sum pricescontained in the bid schedule are obviously unbalanced either in excess or below the reasonable cost analysis values. (5) If the bidder fails to insert a unit price for every pay item indicated except in the case of authorized alternate pay items. (6) If the bidder fails to complete the Proposal in any other particulars where information is requested so bidder's Proposal may be properly evaluated. B. The Owner reserves the right to reject any or all bids and to waive irregularities or informalities as may be deemed best and in the Owner's interest 6. WRHDRAVIAL OR REVISION OF PROPOSALS. A. A bidder may. without prejudice to himself, withdraw a proposal. after it has been deposited with the Owner, provided the request for such withdrawal is received by the Owner. in writing or by telegram. before the time set for opening proposals. Telephonic communications shall not be accepted. After opening of bids.' no proposal may be withdrawn by the bidder for a period of 30 days or'as otherwise specified in the Contract Documents or provided by law. B. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled time for opening proposals. provided such telegraphic communication is received by the Owner prior to the opening of proposals, and. provided further. the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the opening of proposals. The telegraphic communication should not reveal the bid price but should provide the addition.or subtraction or other modification so that the final prices or terms shall-not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days after scheduled time for opening • proposals, no donsideration will 'be - given to 'the telegraphic modification. 7. CORPORATE BIDDERS. Corporate bidders to be eligible to enter into the Contract with the Owner shall be qualified to do business in the State where the Work will be performed. Bidders shall comply with all applicable licensing requirements. Foreign corporations which have not domesticated or otherwise become licensed in the State where Work will be performed shall obtain a permit to do business in such State pursuant to that State's requirements. 8. INTERPRETATIONS. If a bidder intends to submit a bid for Work and is in doubt as to the true meaning of any part of the proposed Contract Documents. he may submit to the Engineer a written request for an interpretation thereof. The bidder submitting the request will be responsible for its prompt and actual delivery. Any interpretation of such documents will be made by addendum duly issued. and 3 Issue 11 /88 1 ' a copy of such addendum will be mailed or delivered to each bidder ' . receiving a set of. such documents. Neither thg Engineer, nor the Owner will be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner. -. I 9. PRE - QUALIFICATION OF BIDDERS, MACHINERY AND - EQUIPMENT. A. The Owner reserves the right to request a financial statement. • together with a statement of past experience. personnel. machinery and equipment available to perform the proposed Work from any bidder considered for award of a Contract. Failure or refusal to furnish such a statement or statements, or failure to provide a satisfactory statement of financial responsibility shall constitute a basis for disqualifying any bidder. . • 8. The Owner also reserves the right 10 - require - evidence of satisfactory operation of any equipment offered and to be incorporated into the Work 1 1a EQUIPMENTSTWULAnON. 'A. COST OF CHANGES. In all Contracts where equipment is furnished. due to the lack of standardization of equipment as produced by the various manufacturers. it may become necessary to - make minor modifications in the structures, buildings. piping.'mechanical work electrical work accessories, controls. or other work, to ' .- accommodate the particular equipment offered, .The Contrac- r's bid price for any equipment offered. shall include the cost of making any. necessary changes as well es the of Preparing detailed drawings shaving such changes subject to - . the approval of the Engineer. - . - . R. MAJOREQUIPMENE - ' The Contractor shall fist major equipment on the Proposal form as specified. Cost of major.egVipment items listed shall be . included in total projct base bid. - C. ALTERNATE' MAJOR EQUIPMENT The Contractor shag list and bid major equipment as specified - - 'the tonal project base bid. He may offer alternate equipment by manufachirars not fisted in the apecifications.as qualified . suppliers. Provided: (1) A procedure for •major equipment prequal fication is rat included in the specifications. (2y The alternate equipment will perform the same function. is of compeiablequalibteubstance, design and efficiency., 'and wig.lh :within the :space limitations of - the. structure. •• The Engineer hat eveleatethe offered alternate equipment and on the basis of hia opinion. shall lacominend equipment in the best interest of the Owner. 13) Tile Contactor shah list any . alternate equipment offered and shoal the difference - in cost. either is an addition or . a deduction to the base bid for:tllat particular equipment alternate. Equipment offered as alternate eWipment Mall . • be considered and.; if. accepred, shell be substituted ter • Yhe' _se bid equipment price' for determining both the - succe$fut bidder and the - .Contract price.. Any alternate • equipment offered shall be accompanied by the detailed drawings and specifications. showing all changes in the structures. buildings. '- piping, mechanical work. electrical. work, aocessories: controls, or other work necessary to accommodate the equipment as well as drawings. speeifica1Ons. operating data and complete criteria of the equipment which .is offared as an alternate. D - OTHER EQUIPMENT ' See "Or A Equal" Cladse. • 11. Buss W'nOp1s. OR APPROVED EQUAL" CLAUSE. • A. Whenever the Contract Documents, call •for aryetticle or an ism of Material -or equipment which Is not listed- as Major Equipment and which is defined by describing a proprietary 1 1 1 1 1 product. or by using the name of a manufacturer, vendor. trade . name. catalogue .number, or other reference, the. term "or approved equar, if not inserted. shall be implied. The specific articles. materials. or equipment mentioned shell be understood as indicating the type. function. minimum standard of design. efficiency and quality desired, and shall not be construed in such a manner as to exclude products of comparable. substance. quality. design.. function. and efficiency. The Contractor shall comply with the requirements of the. Contract Documents relative to approval of material and equipment before incorporation into the Work. 8. The Contractor may request approval of substitute . articles. materials or equipment. The Engineer shall evaluate the articles. materials and equipment offered and, on the basis of his opinion. shag make recommendations pertaining thereto in the best interest of the Owner. In the event of epproval a written Addendum or Change Order, as appropriate, will be issued. - 12. ftentaN BID SECURfY - - - - Bid security of the lowest two or more bidders may- be retained - until. the Contract is executed or rejection made by the Owner. Other' bid security will be returned only afier the canvass -and tabulation of bids is completed. • 13. REJECTION OF BIDS. The Owner reserves the right to reject any bidder if investigation of such bidder failato satisfy the Owner that such bidder is properly qualified to carry out the obligations and to codtplete the Work contemplated by Contract Documents. Any or all ,bids will "be • rejected if there is reason to believe that collusion exists among the bidders. 14. AWARD. - The Owner will proceed without unnecedeary delay to consider the proposals and reserves the right to reject any or all Proposals. • to pass upon the regularity or waive an irregularity or informality of the bidders and the acceptability of the Surety offered. Date Of award is date of formal Owner decision m award the Contrac to the selected bidder. - 15. CONTf1AYCTSECURrn - A. Coincident with the execution of the Contract. the Contractor shall furnish a surety bond (form.. attached) in an amount at .. least equal to 1OP%. of-the Contract Price as security for the following; _ (1) The faithful perfo nanceof the Counsel and the terms. conditions and stipulations contained therein: - ... (a)' To indemnify and hld t ohe Owner and Enter** harmless:, (31 PayMertt of ell laborers and mechanic for(ab perforrnek - (4) Peyment for all materials.end equipment furnished and tor ell materials and equipment .used or rented in the performance of the ;Contract and ,_ - (fi) Maimsaenceof saidNbrkorimprovementsinGood Repair .''for minimum period otone (1) year. unless a longer period is :otherwise specified in. the Contract Documents. or required by lawn from the date :01 final acceptance of the Work by the Owner. '. - - 8. The Surety on such bond shall be satisfactory to the Owner and shall be a duly authorized surety company listed on the Treasury Department's most current list (Citcular 570 as amended) licensed to do business in the State where the Work . will be performed. 1 6.-CONTRACTOR'S'AND SUBCONTRACTOR'S INSURANCE. A' The Contractor shall not commence Work under the Contract until he Ms obtained at' his expense all _insurance cequjred by the Contract Documents.. and such insurance has been approved by the Owner: no shall the Contractor allow any Subcontractor to commence Work on any Subcontract until the,same insurance requirements have been complied with by each Subcontractor. Such insurance shall remain in full force and effect on all phases of the Work. whether or not the Work is occupied or utilized by the Owner. until all Work under the Contract is completed and has been accepted by the Owner. Any insurance endorsements necessary to permit prior occupancy or use of any completed or partially completed portions of the Work by the Owner shall be secured by the Contractor. 8. Nothing contained in The insurance requirements shall be construed as limiting the extent of the Contractor's responsi- bility for payment of damages resulting from his operations under the Contract. Contractor agrees that he alone shall be completely responsible for procuring and maintaining: full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by the Owner or Engineer shall not operate to the contrary. C. Any insurance bearing on adequacy of performance shall be maintained after completion of the Project for the full maintenance period. 11 The Contractor shall procure and shall maintain for the period of the Contract the following types of insurance in the form. minimum limits and amounts herein specified or as may be otherwise required by the Contract Any deduct- ibles associated with such insurance shall be solely for the account of and the responsibility of the Contractor. (1) WORKMEN'S COMPENSATION INCLUDING OCCUPA- TIONAL DISEASE, AND EMPLOYER'S LIABILITY INSU- RANCE. The Contractor shall maintain during the life of his Contract Statutory Workmen's Compensation Insurance and Occupational' Disease Disability Insurance in strict accordance with requirements of the most current and applicable State Workmen's Compensation Insurance Laws for all of his employees to be engaged in Work under his Contract. and in case any Work is sublet, the Contractor shall require each Subcontractor similarly to provide Workmen's Compensation and Occupational Disease Disability Insurance for the latters employees engaged in such Work unless such employees are covered by the protection afforded by the Contractor's Insurance. In case any class of employees engaged in hazardous Work under his Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide. and shall cause each Subcontractor to provide. adequate Employers Liability Insurance for the protection of his employees not otherwise protected (2) PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. (Note "Indemnit( clause hereinafter). The Contractor shall procure and shall maintain during the life of his Contract full Commercial General Liability Insurance coverage. This coverage shall provide protection from claims for damages for personal injury and bodily injury. including in part sickness. disease, or death and from claims for damages to property which may arise directly or indirectly out of. or in connection with, the performance of Wait under the Contract by the Contractor, or by any of his Subcontractors. or by anyone directly or indirectly employed by either of them. or under the control of either of them, and the minimum amount of such insurance shall be as follows unless higher minimum amounts are otherwise required by the Contract Documents: a. "Public Liability and Property Damage Insurance in an amount not less than One Million (S1.000.006) Dollars per occurrence for damages arising out of personal injury, property damage, and bodily injury. including in part: sickness, disease. or death and subject to an annual aggregate limit. of Two Million ($2.00Q000) Dollars. The aggregate limit is to apply on a per job basis. " b The Property Damage portion of this coverage shall not exclude coverage for explosion. collapse. and underground exposures. In addition. where Completed Operation - Insurance coverage is applicable. such coverage shall be maintained after completion and acceptance of the Project for the full maintenance period. (3) AUTOMOBILE LIABILITY AND PROPERTY DAMAGE INSU- RANCE. The Contractor shall procure and shall maintain during the life of his Contract. Comprehensive Automobile Liability and Property Damage Insurance coverage on all self - propelled vehicles used in connection with the Contract. whether owned. non-owned. or hired. The liability limits shall be not less than One Million (S1.0OQ000) Dollars for injury or death of one person and in an amount not less than One Million (51.000.000) Dollars in any one occurrence: and Property Damage limits of not less than One Million (51,00Q000) Dollars in any occurrence. or One Million (51000000) Dollars combined single limit. (4) OWNER'S PROTECTIVE LIABILITY POLICY: The Contractor .shall, at his expense. provide the Owner with an Owner's' . Protective Liability Policy naming the Owner as the named insured. with the Engineer. and each of their officers. agents and employees as additional insureds under that policy said policy to protect said parties from claims which may arise from operations under the Contract. This coverage shall be in the same company which - provides the Contractors liability insurance coverage. and in the same minimum amounts. (5) CONTRACTUAL LIABILITY COVERAGE. Each and every policy for liability insurance carried by each Contractor and Subcontractor will include coverage for liability assumed under contract sufficiently broad to insure the provision titled "Indemnity" hereinafter set forth. (6) INDEMNITY. To the extent permissible by law. the Contractor shall protect, defend. indemnify and save harmless the Owner. the Engineer. and their officers. agents. and employees. from and against suits. actions, claims. losses. liability or damage of any character, and from and against costs and expenses. including in part attorney fees. incidental to the defense of such suits. actions. claims. losses. damages or liability on account of injury disease. sickness. including death. to any person. or damage to property including in part • the loss of use resulting therefrom. based upon or allegedly based upon any act. omission or occurrence of the Contractor or his employees. agents, subcontractors or suppliers. or anyone else under the Contractors direction and control. (regardless if caused in part by a party indemnified hereunder). and arising out of. occurring'in connection with. resulting from. or caused by the performance or failure of performance of any Work or services called for by the Contract. or from conditions created by the performance or non- performance of said Work or services. This indemnity shall not extend to liability arising out of - the preparation by the Engineer "of' the design or specifications for the Owner or the giving of written directions or instructions by the Engineer as may be required by the Contract Documents: provided the giving of such written instructions or directions is the sole proximate cause of the injury or damage should it occur. (7) BUILDER'S RISK INSURANCE. In addition to such Property Insurance coverage which the Contractor elects to carry for his own protection. he shall procure and shall maintain for the life of the Contract. Builders Risk Insurance and Installation Floater Insurance coverage. Such coverage should be on a Special Perils (All Risk) basis including theft of building materials upon -the full insurable value of all portions of the Work which is the subject of the Contract and subject to a loss for which these policies give protection. and shall include completed Work and Work in progress. This coverage shall be with an insurance company or companies acceptable to the Owner. Such Issue 11/88 1 1 1 1 1 1 1 coverage may have a deductible clause but amount of deductible shall not exceed Ten Thousand Dollars (61000000) providing, the Contractor shall assume and pay such deductible. a. Such insurance shall include as Additional Named Insured: the Owner: the Engineer. and each of their officers. agents. and employees: Subcontractors and Subsubcontractors of Inc Contractor; and any other party with an insurable interest designated by the Owner as an Additional Named Insured. all as their interests may appear - - b. An original and a certified Copy of the policy of insurance required herein shall be furnished to the Engineer as provided under "Evidence of Insurance Coverage" hereinafter. (8) BOILER AND /OR MACHINERY INSURANCE: Boiler and /. or Machinery Insurance: where-appmpriate and necessary, shall be procured and maintained by the Contractor until Inc Work has been completed and accepted by the Owner. I E. EVIDENCE OF INSURANCE COVERAGE. Before commencement - of any Mark, the Contractor shall Submit written evidence that the minimum insurance required by the Contact Documents has been obtained. Such written evidence Shall be in the form • of a Certificate Insurance attached form) executed by . - the - Contractor's, insurance carrier, showing such policies in . force for -the specified period or by furnishing a copy of the actual policy or policies. Each certificate shall contain an endorsement or statement waiving right of eance(lation or reduction in coverage unless 60 days. prior written notice is given tthe Owner by registered or certified mail. (1) TheContractor shall furnish an original and a certified copy of Builders Risk Completed Value Insurance coverage to• the Engineer, one copy of which shelibe for the Owner , and one copy for the Engineer. , (2) An original and a- Certified Copy of the Owners Protective .Liability Policy shall be furnished to the Engineer, one copy of which shalt be for the Owner and one copy for the Engineer. F. 'WAIVER OF RIGHTS. The Contractor and Owner mutually agree - to waive all _rights against each other and against the Engineer for damages caused byfire and other perils to the extent covered by Builders Risk Insurance as required herein. The shall require- similar waiver by each of his Subcontractors and • Dr►TE OF CONTRACT. formal written C be binding upon y apInc Inc Inc I Inc Inc Inc Inc Inc 1 Inc Inc I e Owner when apt(royed and executed by the that the right of the assig nee in and to any monies due or to become due to the Contractor shall be subject to prior claims and liens of ail, persons. firms and 'corporations for services rendered: for the payment of all laborers and mechanics for tabor Performed; for the payment of all materials and equipment fumished and for payment of all materials and equipment used or rented in the performance of the Work called for in the Contract: and for the payment of any liens, claims, or amounts due - Inc Federal. State or local governments or any of their funds. 2Q SCHEDULE OF CONSTFIUCT1ON AND COMPLETION. The Contractor shall submit to the Engineer within 10 days alter awa of Contract. or as may be otherwise requested by the Engineer. a schedule showing Inc order in which the Contractor proposes to carry on the Work and at a rate sufficient to successfully complete all of the Work set forth in the Contract Documents within the Contract Period. Such schedule shall show the dates at which the Contractor will start and complete the several parts of the Work Inc order of construction and delivery dates of critical materials and equipment and the, dates for startup and demonstration of the systems. This schedule shall be binding on the Contractor and shall be complied with by the Contractor unless: for good Cause shown, a modification thereof is approved by" the Owner and the Engineer. Any request for modification of the 'schedule shall be made in writing to the Owner through the Engineer forapproval. 21. ORDER OFCONS1Uicrio 1L • - - A . The order of construction as determined by the Contractor will • be followed except where Inc . Engineer determines that such ' order would not be in Inc best interest of the' Owner tir the general, public however such right todete minethebestinterest of the Owner shall not " give rise. to any duty on the part of _ Engineer to exercise this right for Inc benefit of Contractor . or any other party Neither Owner nor Engineer shall be liable • for anyadditionai cost incurred by the 'Contractor as a result of such determination; provided such determination was not arbitrary or capricious. B. Where the Owners 'operations require specific sequencing of the Mork, such sequencing requirements as provided for by the Contact Documents shall be followed. 22. COM I NFORfYt MON. Where a Contract is awarded on'a lump sum basis. me Contractor shall file with the. Engineer a balanced price segregation of his lump sum bid into items similar to the various subdivisions Of Inc - general and detailed specifications: Inc sum of which shall equal the tump.sum. hid: The cost of various materials Shall be furnished • upon request of the Engineer, and such data will then be used as a basis for making monthly estimates.. When a Contract is awarded on an estireatedqugntity - unit price basis, Inc unit price for Inc Work shah include costa for all labor mechanics. superintendence, tools,• materiels, equipment, and all utlities; transportation and •services necessary to. perform', and complete said tAbrk, and work incidental therati in a workmanlike • manner. as described in Inc drawings specifications' add other - - Contract Documents: Work described in Inc COrhtact,Documents bet not )clenched in thelisl ing of unkpriee sterns shall beconsidered. incidental to unit price work listed and included es s part thereof. tdgether with ail Contractor overhead and IthshtttraccomAlish the unlisted items. - 23. SUBMITTAL OF REQUIRED DOCUMENTS. • • - - Contractor shall submit copies of all required documents. No Work . shall be commenced until insurance forms, bonds. and related documents, have been executed and approved. No requests for payment shall be made until Schedule of Construction and Completion. Cost Information and Materials Equipment Lists • have been submitted and approved. 24. PROVISIONS REQUIRED BY LAW DEEMED INSERTED... Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein and 'the Contract shall be read and enforced as though it were included herein. If, for any reason, any such provision is not inserted in the Contract. or is not correctly inserted. then upon application ssue 11 /88 of either party. the Contract shall forthwith be physically amended - to make such insertion or correction. - 25, DRAWINGS AND SPECIFICATIONS. A. The Engineer provide the Contractor with up to four sets of Drawings and .Specifications after the execution of the Contract. If additional Drawings and Specifications are required. the Contractor shall compensate the Engineer for same. B. When in the opinion of - the Engineer: revised partial Drawings and Specifications are required to clarify or reflect. authorized changes or additional work. the Engineer will provide two copies of such revisions to Contractor. Additional copies required must be paid for by. Contractor. Contractor shall immediately post such revisions to his record set of Contract Documents, C. The •Drawings • and Specifications are -the property of the Engineer. and are furnished to the Owner and Contractor for the construction of Work under the Contract only. D. The data given in the Specifications and shown on the Drawings is believed to be accurate but the accuracy is not guaranteed. The Contractor take all levels, locations. measurements. and verify all dimensions on the job site prior to construction and adapt his Work into the exact construction. Scale measurements taken from Drawings are not considered for more than reference. Drawings shaving the details of the Work specified are designated "Drawings" or "Mans" and together with the Specifications form an integral part of the Contract Documents. 26. CORRELATION OF DOCUMENTS. • A. Drawings. and specifications are cooperative and complemen- tary. Portions of the Work which can best be illustrated by the Drawings may not be included in the Specificatiohs and portions best described by the specifications may not be depicted on the Drawings. All items necessary or incidental to completely construct or erect the Work shall be furnished. whether called for in the Specifications or shown on the Drawings. Anything mentioned in the Specifications and not shown on the Drawings. or anything shown or mentioned on - the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. 8. Information or Instructions for Bidders and Special . or Supplementary General Conditions shall take priority over General Conditions: large scale Drawings shall take precedence over small scale Drawings. In case of disagreement between the Drawings and Specifications. or within either document itself, the better quality or, greater quantity of Work resulting in a greater cost shall be estimated and included in the Bid and Contract Price and the matter drawn to the Engineer's attention for decision. 27. REFERENCE TO STANDARD SPECIFICATIONS.. • Any reference to standard specifications in any of the Contract Documents shalt always,impty the latest edition of such standard 'specification 'Or specifications available at time Notice inviting Contractors to bid is published unless otherwise indicated. However, no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner. or Engineer. or any of their consultants. agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineers consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 45. 28. REFERENCE POINTS. The Engineer shall provide a baseline and a datum bench mark reference point. If the Contractor. through willfulness or carelessness. removes, causes or allows sucfi points to be removed' before the prosecution of Work requires it. the replacing of such line and elevation paints shall be done. at the expense of the_ . Contractor. - - A. For building and plant type work the Contractor shall, at his ' own expense. employ a registered engineer or licensed land surveyor. acceptable to the Qwner to: give to the Contractor lines and elevations for, the Contractor's use in constructing the Work The registered engineer or licensed - land surveyor shall furnish to the Engineer. through the Contractor. a signed plat certifying to the location and elevations of • the Work indicating ties and closure to the Engineer's baseline and datum bench mark. B. For construction other than building and plant type work, the Contractor. shall be responsible to set all additional line and grade references for the Work. 29, Rhl,~HT- OF-WAY. The Owner shall furnish , • land and right -of -way for the - performance of the Work - rquired by the Contract Documents. Contractor, shall confine his operations to the right -of -way furnished. 30. NOTICE AND SERVICE THEREOF. Where the manner of giving notice is not otherwise provided for in the Contract Documents, any notice to the Contractor from the Owner relative to any part of, the Contract shall be in writing and considered delivered and the service thereof completed. when-said notice is posted, by certified or registered mail. to the Contractor at the address given in the Contractor's proposal, or at the last business address known to him who gives the notice, of delivered in person to the Contractor or his authorized representative on the site. It is mutually agreed that such notice shall be sufficient and adequate. 31. TAXES. A. The Contractor shall. without additional expense to the Owner, pay all applicable Federal. State and Local taxes of every kind and character. except taxes and assessments on the real property comprising the site of the Project. and such, taxes shall be considered incidental and included in the total bid. B. The Contractor shall furnish the Owner with statements certifying payment of any sales- use or excise tax and such other documents as may be necessary for the Owner to make request for tax refund as provided by applicable law. Five copies of such statements and documents shall be furnished to the Owner before final payment on the Contract is made to the Contractor. or at earlier times if so directed by the Owner. 32 SUBCONTRACTING, A. The Contractor may utilize the services Of specialty Subcon- tractors only on those parts of the Work which, under normal contracting practices. are performed by such specialty Subcontractors. B. The Owner reserves the right to. approve Subcontractors for any Work. The Contractor, if requested by the Owner. shall :submit to the Owner the proposed award and such information as the Owner may require. • C. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his Subcontractors. and of persons either directly or indirectly employed by them. or under their control. as he is for the acts and omissions of persons directly employed by him. D. The Contractor shalt cause appropriate provisions to be inserted in all Subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors; and to give the Contractor the same power as regards terminating any Subcontract. that the Owner may exercise over the Contractor under any provision of the Contract Documents. E. Nothing contained in the Contract Documents shall create any contractual relationships between any Subcontractor and the Owner or Engineer. 7 Issue 11/88 , 1 1 1 1 1 1 1 1 1 1 3a SEPARATE CONTRACrs. A. The Owner reserves the right to award other contracts in connection with the Owners Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials, machinery, equipment, supplies. and the execution of their work and shall properly connect and coordinate his Work with the work of others. B. 11 any part of the Contractors Work depends upon -the work of any other contractor for proper execution or results. the Contractor shall inspect and promptly report in writing to the Engineer any lack of progress or defects in the other contractorss work that renders it unsuitable for proper execution or results. failure on the pan of the Contractor to so inspect and report shall constitute an acceptance of the othercontractor's work as fit and proper for the reception of • the. Contractors Work. • • C. To insure the proper execution of his subsequent Work the .Contractor shall measure existing ,work and shall at once report in writing to the Engineer anyincapatibility between theexisting work and - the Whrk anticipated by the Contract Documents. 34: LAWS, PERMITS; LICENSES, REGULATIONS. A. The Contractor in the execution of the Work shag conform to all applicable Federal and State 18wf. municipal ordinances and the rules and regulations of all authorities haying,jurisdiction _ over construction of the Work including in part all construction • codes and safety codes. which may apply to (1) performance of the Work (21 protection Of adjoining and adjacent property; (3) maintenance of passageways, guard fences or other. protective facilities; and shall obtain and pay for all, permits, licenses and approvals necessary for the construction Of the Work and give all required notices. • • • B. Contractor shall arrangefor all inspections required by Federal State, Municipal or other authorities having lawful jurisdiction end pay alldees and costs incurred at no additional expense to the Owner, - • 3S, OI E RATIONS AND STORMS AREAS. . - A. All operations of the Contractor (including storage of materials. • supplies And equipment) shall be conf Med. to areas authorized -by the: •Owner. The Contractor shall be liable for any and all damages,aaused by limrto such pr B. The Contractor shag hold and saye the Owner, free end harmless from liability of any nature or kind arising from any use, trespass or damage occasioned by his Operations on premises of third persons.. - - • C, The Contractor shall be. Wholly sesponsible for the care and storage of materials, supplies or equipment delivered on. the Work'"site or. purchased for use thereon. Stored materials. supplies or equipment sha l be carefully and continuously prOtacted from damage Or deterioration in accordance with manufacturer's recdmmendations and so located so as to facilitate Inspection by the. Owner Or the Engineet 01 bath. The responsthdrtybr thecare and storage of materials. supplies ar eguipreent shall with the _Contractor whether sucb - - materials. supplies Or equipment are furnished by the • Contractor dr by the Owner. Storage of materials. supplies or equipment shall not unduly interfere with the progress of the Contractors Work or the work Of any other contractor. 1 36. RIGHT -0F -- ENTRY, Contractor shall provide the Owner. Engineer. or representatives ofgovernmental agencies groper facilities for access to the Work - - ' wherever it is in preparation or progress. 3T ncCESS AND DRAINAGE- . - The Contractor shall keep a sufficient cleararea around fire hydrants to perrnittheir full and effective use. He shall keep natural drainage I , and water courses unobstructed or provide other equal courses effectively placed. 38. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences. properly secluded. for the use of workers during construction. and these conveniences shall be maintained in a manner that will be inoffensive and in compliance with Federal. Stale and local health . and sanitation requirements. 39. DEBRIS AND CLEANUP PRACTICES. A. The Contractor shall maintain general cleanup practices to keep all streets. alleys. sidewalks. or other premises as free from materials and debris as the character of the Work will permit. and upon completion of any part of the Work- shall, within reasonable time, remove all surplus material and debris, and leave right -of -way and premises in a condition equal b or better than preconstruction condition acceptable to the Owner. unless otherwise specified in the Contract Documents. Under no circumstances shall the Contractor allow any condition to exist which creates a nuisance, fire hazard. dust or an environment injurious to health or safety, or an attraction for Children. animals, birds, rodents. during or after construction. B. Failure to comply with this provision. afterdue and proper notice has been,given by the Owner or his agent. will be sufficient grounds for the Owner to proceed to clean up •such material and debris: make repairs,' and charge same to the Contractor. who hereby agrees to the provisions as set forth herein. 4G SHOP DRAWINGS. SAMPLES. OPERATORS INSTRUCT! NSTRUCTIONS, SERVICE AND PARTS MANUALS. - . A. The Contractor shall furnish all Shop Drawings and Samples' - as defined under Paragraph 2, entitled "DERNn1ONS" which are required by the Contract. Documents. Shop Drawings of equiprpent and devices offered by the Contractor for review of the Engineer. shall be in sufficient detail to adequately show constriction and operat ion. Shop Drawings submitted as herein provided by the- Contractor and reviewed by the Engineer for conformance with• the design concept shall be executed in conmmpty with the Contract' Documents unless otherwise - - required by the Owner. B, Unless otherwise specified the Contractor, shall provide a minimum of one reproduceable and one print of all submittal infornc& ion. C.. Work performed in connection with the fabrication. manufac- - lure. shipment or purchase of material or equipment Prior 1 0 review as specified shall be at the Comractors;sote risk, and respbnsibgity. - D Shop Drentngs and 'Samples shad be accompanied by letter Of transmittal which shalt given list of the numbers. end dates Of the submittal, and shall . be in the' form yeguired by the Engineer. Contractor shall duplicate this brm. Shop Drawings `shalt be complete in everyrespect and bound in sets. 8. The Contractor shalt atbraie ail Shop Drawings end Samples suffigiently in advance. Of bonsltryotion requirements to allow ample rim° for checkuig. correcting, resubmitting and .rechecldng and to avoid, any delay in' progress of the Work F. Shop Drawings' or Samples. submitted. shag be marked with the name of (rte Project numbered and, bear the stamp of approvaiof the Contractor as evidence that the Shop Drawings and Samples have been reviewed and approved by the - Contractor. Any Shop Drawings or Samples submitted without this stamp of'appraaal .wig not be considered and will be returned to the Contractor for resubmission. If the Shop , Drawings or Samples show variation from the requirements of the Contract. the Contractor shall call such variation to the Engineer's attention in his letter of transmittal in order that if acceptable and. Engineer gives written approval td the . vartation, suitable action may be taken for proper adjustment otherwise the Contractor will not be retieued' ofthe respon- sibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed. Issue 11/88 G. By approving and submitting Shop Drawings and, Samples. the Contractor thereby represents that he has determined and verified all field dimensions and measurements, field construction criteriaa materials. catalog numbers and similar data. and that he has reviewed, approved and coordinated such submittals with the requirements of the Work and the Contract Documents. - - - H. If a Shop Drawing or Semple: as submitted. indicates a variation from the Contract requirements as set forth in Subparagraph F above. and the Engineer finds same to be in the interest of the Owner and to be so minor as not to involve a change in the Contract Price or time for performance. he may approve the Shop Drawings or Samples; provided however. such departure is slight in nature and does not affect the, design concept of the Work. I. All items of standard equipment shall be the latest model at time of delivery, J. When Shop Drawings are submitted for the purpose of showing the installation in greater detail, their review shall not excuse the Contractor from requirements shown on the drawings'and specifications. K. Shop Drawings and Sample submittals not conforming completely with the above requirements will be returned to the Contractor. without action, for resubmittal and the resulting delay shall be entirely the responsibility of the Contractor. L The Engineer's check and review of Shop Drawings and Samples. specifications and descriptive literature submitted by the Contractor will be only for general conformance with design concept. except as otherwise provided. and shall not be construed as: (1) Permitting any departure from the Contract requirements: (2) Relieving the Contractor of the responsibility for any error in details. dimensions or otherwise that may exist in such submittals: (3) Constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown: or (4) Approving departures from additional details or - instruc- tions previously furnished by the Engineer. Such check or review shall not relieve the Contractor of the full responsibility of meeting all of the requirements of the Contract Documents. M. Bound operators instructions shall be furnished by the Contractor for equipment furnished under the Contract that is specifically listed or that is considered to be of a special or complex nature. Operator's instructions shall include. in part. detailed lubrication drawings showing type and frequency of lubrication. Detailed parts drawings shall show location. name and catalog numbers of parts. _ N. Bound service and parts ' manuals shall be furnished by the Contractor for all items of standard manufacture. O. Unless otherwise specified. 4 sets of operators instructions. service and parts manuals shall be provided. P. All operator instructions. service and parts manuals shall be bound in permanent binders satisfactory to the Engineer and shall be furnished to the Owner before final acceptance of the installation by the Owner. 41. DRAWINGS SHOWING CHANGES DURING CONSTRUCTION. Contractor shall post and keep current a complete set of Contract Documents. including all Addenda. Change Orders and pertinent data on the Project site at. all times. Throughout the progress of construction. the Contractor shall maintain a careful up- to-date record of all changes on the Plans and Drawings during actual construction. Upon completion of the Work and prior to acceptance by the Owner, the Contractor shall file with the Engineer one set of• complete Drawings with all changes and Contractors field construction notes neatly and' legibly recorded thereon. Such Drawings shall indicate in part the exact routing, if changed from Drawing location. of sewer, water. gas. chemical piping. fuel oil tanks and piping. fire protection piping and any other major buried utility piping, and routing of buried electrical feeder cables and changes to routing of conduit runs which are buried or concealed in concrete slabs. Such information may be used to prepare record Drawings for the Owner. 42. - MATERIALS, EQUIPMENT, SUPPLIES, SERVICES AND FACILITIES. A. It is understood that. except as otherwise specifically stated in the Contract Documents. the Contractor shall provide and pay for all materials. labor. tools. equipment. supplies. machinery, equipment 'rental, water. heat, light, fuel. power. transportation. superintendence, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute. complete and deliver the Vdork in a workmanlike manner within the specified time. B. No materials. equipment, or supplies for the Work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. - - 43. WO RKMANSHIP,MATERIALS AND EQUIPMENT. A. All Work done and all material and equipment furnished by the Contractor shall be new and unused and strictly conform to the Contract Documents. Competent labor. mechanics and tradesmen shall be used on the Work. Experienced manufac- turers representatives shall be used to supervise the installation of equipment as may be required by the Engineer. Any special tools or equipment which may be required for the Work shall be provided by the Contractor. 8. The acceptance at any time of materials or equipment by or in behalf of the Owner shall not be a bar to future if they are subsequently found to be defective. inferior in quality, or uniformity, to the material or equipment specified. or are not as represented to the Engineer or Owner. 44. QUALITY OF MATERIALS. In the absence of detailed Specifications, all materials shall conform to the latest standard of the American Society for Testing Materials available at the time Notice inviting Contractors to bid is published unless otherwise indicated. 45. CONTRACTORS RESPONSIBILITY, IN PART, UNDER THE CONTRACT DOCUMENTS. The Contractor agrees that the following are the Contractors responsibility, in part. under the Contract Documents. A The Contractor shall have charge of and be responsible for the entire Work under the Contract until. its completion in a good and workmanlike manner and final acceptance by the Owner. Any imperfect, damaged. destroyed or unfaithful Work included in the Contract Documents shall be corrected before or upon request of the Owner or the Engineer. B. The Contractor shall comply with all Federal. State. County. District and Municipal Laws. Ordinances. Rules. Regulations. Construction Codes and Safety Codes relating to or applicable to the Work. and shall furnish certification of compliance at completion of the Work on request of the Engineer or the Owner. The Contractor shall perform all Work and furnish all t supplies. materials. machinery, equipment. mechanics, tools. plant, works, labor, transportation. superintendence. testing. facilities, services. means. methods. techniques. insurance and utilities. except as otherwise specified in the Contract Documents. necessary or proper to perform and complete all Work required by and in accordance with the. Contract Documents. Contractor shall pay all taxes incidental to performing said Work and furnishing such items. Issue 11 /88 1 D. • 1 1 (4) All safety procedures and precautions necessary in connection with the y16rk and services. - E. These responsibilities of the Contractor shall. apply continu- ously and shall not be limited to normal working hours. Review Of construction by the Owner or the Engineer shall not relieve . the Contractor of such responsibilities. • • F. The Contractor shall furnish, erect. maintain, and remoee.alt construction plant and all temporary works and facilities as maybe required to perform the Contract. • , G. The contractor alone.shall be fully responsible for the safety, efficiency, and adequacy of • his plant; works, machinery. • equipment,fecitities and appliances. and fir arty damage wnich- may result from their failure or their improper construction, ,InaintenanCe or operation. IUNFAVORABI,E WEATHER. During unfavorable weedier or cold weather or weather unsuitable I for proper'execution of the Work.in a first - class manner air Work affected by such condition must be snipped and protected' from possibledamage. Contractor shaft be responsible for theextent and cost of- protection - of the Work in of. completed Work and shall be responsible for the - cost of any damage, to the I Work, its repair or replacement. $UNDAYS,.1pIJDAYS AND OVERTIME. 1 1 1 1 �: ACCIDENT PT +EVEnMIfoN-EMENGENcY,ilunIORIT TIb A C I ftecaution' Shalt be exercised by the Contractor at all tiptoe for 1 t he protedlon.or all persons. Work and property at the Project - site of adjacent thereto. and hebstdowt conditions shall be guarded sgai ta) or eliminated. •In arretnergency affectirg the sefety.of life' or property,. the Contractor shall in a diligent mannerand without 'special instruction or authorization from the 'Engineer or Owner. - act to prevent such threatened loss, damage Or injury. Contractor shall notify the Engineer and the Owner immediately thereafter. Any compensation; claimed by the Contractor • on account. of emergency work affecting the safety, of • life or property other than I the Contractors Work or property, shall be determined as provided under the "Claims for Extra Cost ..provisions of the Contract subject to the approval of the Owner and Engineer. . I PROTECTION OF WORK. - . -. The Contractor's no additional expense to Owner, shall at all times l 'safely guard and protect the Work end al material. equipfnent.•etc.. to incorporated into the Work provide, erect and maintain suitable barriers around all excavations or obstructions to prevent 1 The Contractor alone shall be completely responsible for: (1) All construction means. methods. techniques. sequences and coordination of all Work and services under the Contract Documents, except where specific requirements are set forth in the Contract Documents: (2) All conditions at the Project site. including in part safety of all persons and property: (3) The supervision. direction and control of all Work and services under the Contract Documents; and Any Work necessary to be performed after regular working hours. on SOnifays, or Legal Holidays, shall be performed without additional expense to the Owner unless otherwise provided in the Contract mDruAL REsPONs1MtlTY OF cONTRAcloas. " It through acts Of neglect on the pert of the Contractor any other contractor or subcontraofor'shatlsuffdrloss or damage 'to hie work. the Contractor "agrees to settle with such other contractor or subcontract* byagreernent or arbitration if such other. contractor. br :subcontractor Wilf so aetile..l( such - richer contractor" or. debcontraaax asserts any claim ,against the Owner oh- acquunt olatry ¢emage`alleged 10 hee been so Sustained, the Owner shall notify the.Contractor who shell.indemrafy and sand harmless the Own®r against such claims and for any costs M Connection With • accidents; and provide. place and maintain during the night. sufficient lights. signals and signs for this purpose on or near the Work. The Contractor shall at all times, until its completion and final acceptance. protect his Work apparatus; equipment and . material from accidental or any other damage including, in part. damage by weather: and make good any damages thus occurring at no additional cost to the Owner. 51. PROTECTION OF PROPERTY. A. The Contractor.. at no additional expense to the Owner. shall at all times (1) safely guard the Owners property and abutting or adjacent propertyfrom injury, loss or damage in connection with the Work (2) protect by false work. braces, sharing or other effective means. all buildings. foundations. walls. fences and other property along his line of Work or ffected directly by his Work O including, but not limited to the Owner's property. against damage: 431 cover or otherwise .protect stockpiles of • 'materials'to avoid damage to any property from such materials: ,(4). repair replace or make good any Such damage. bas or injury - unless such is'caused directly by the Owner or his duly authdrized representatives. B. The Contractor shall exercise care to protect from injury all water and sewerpipe lines, gas mains. telephone cables: electric cables. service pipes, and other utilities or fixtures which may be encountered during the progress of the War)r: All utilities and other servile facilities or fixtures. if damaged, shall be' , . repaired. by the Co without additional compensation. C. The Contractor shag" personally check and verify utility information on the Drawings. Where existing utilities or structures are shown on the Drawings, they are believed to . be accurate but are not guaranteed to be such Of 'that these are the only Utilities' or structures in the construction area. .. Protection is the Sale responsibility of the Contractor and he . must himself as to the existence and Ideation dell utilities D The Contractor shall give written notice at least 48 hours be fore breaking ground; to all persons: superintendents: inspectors. or those Otherwise in charge of property- streets. -water, gas, or sewer pipes. telephone or electrical cables, railroads or otherwise, who may be affected by the Contractor's operation. in Order that they may remoe any obstruction for which they are .responsible and have a- representethe oh the Reject site to see that their property is properly protected. 52. PROTECTION OF PERSONS. - A: The contractor shale - (1) At all times protect the fives and health of hie employees (2) Take all necessary precautions to prevent accidents or ireury and to insure the safety all parsons on,. about. adjacent 1et or inihev((cinity of the Project site: (3) Complywith alt applicable Provisfbns of Federal. State and Mfjnicipaf safety antl health lees. building Cones. end Safety , and health reoommendation8 ofliade Assoc cations. (4) Erect and properly maintain at all times, as required by . • the conditions and progress of the Work. all necessary safeguards for the protection. of persons. and -shalt goat danger signs warning against the hazarda created in part by features of construction such as protruding nails, rod hoists, well holes, elevator hatchways. scaffolding. windenv openings, stairways and felling materials. (5) Designate a responsible member d his organization on the Work site whose duty shall be the prevention of accidents. - - (6) Provide scaffolding, ladders. or other safeguards for the - protection of those having Right -of -Entry - during field review and observation of the Work.. " Issue 11/88 B. Contractor shall comply with all provisions of the "Williams - .Steiger Occupational Safety and Health Act of 1970 ", Including any amendments thereto and rules and regulations issued pursuant thereto applicable to the Work and performance of the Contract. Where a- State in which Work is performed has . passed legislation bearing on Occupational Safety and Health, such legislation and amendments thereto together with rules - - - and regulations issued pursuant thereto shall be complied with by the Contractor. . 59. USE OF EXPLOSIVES, DRIVING OR. REMOVAL OF PILES, WRECKING, EXCAVATION WORK OR OTHER SIMILAR AND POTENTIALLY DANGEROUS WORK. - A. When the use of explosives. driving or removal of piles. wrecking, excavation work or other similarly potentially dangerous work is necessary for the prosecution of the Work. the Contractor shall exercise the utmost care so as not to endanger life or property. The Contractor shall be fully responsible for any and all damages, claims and for the defense of any actions against the Owner resulting from the prosecution of such work. B. The Contractor shall notify each public utility company or other owner of property having structures or improvements in proximity to the site of the Work, of his intent to perform potentially dangerous work. Such notice shall be given sufficiently in advance to enable the companies or other owners of property to take such steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for any damages. claims or the defense of any actions against the Owner resulting from the performance of such work. C. All explosives shall be stored in a secure manner and all storage places shall be marked clearly "EXPLOSIVES -KEEP OFF. and shall be in the care of competent watchmen at all times. 54. PATENTS, COPYRIGHTS AND ROYALTIES. A. The Contractor shall protect. defend, indemnify and save harmless the Owner: the Engineer: and each of their officers, agents, and employees. from liability of any nature or kind, including cost and expenses for. or on account ot anypatented or unpatented invention.. process. article. or appliance manufactured or used in the performance of the Contract. including its use by the Owner. or the Owner's officers. agents. or employees. unless otherwise specifically stipulated in the Contract Documents. B. If the Contractor uses any design, device or materials covered by letters patent or copyright. he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design. device or material. It is mutually agreed and understood, that. without exception. the Contract Prices shall include all royalties or costs arising from the use of such design. device or materials. in any way involved in the Work. The Contractor and his Surety shall indemnify and save harmless the Owner of the Work from any and all claims for infringement by "reason of the use of such ,patented or copyrighted design. device or materials or any trademark or copyright in connection with the Work, and shall indemnify the Owner for any cost. efrpense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the Work or after completion of the Work. The Contractor shall.pay all royalty and license fees. 55. CONTRACTOR'S EMPLOYEES. A. The Contractor shall provide and maintain, continually on the Project site of the Work during its progress. adequate and competent superintendence of all operations for and in connection with the Work. The Contractor shall. provide' a capable superintendent acceptable to the Owner.. Such superintendent shall be able to read, write and speak English fluently and shall be authorized to receive instructions from the Engineer. Said superintendent shall nave authority to see that the Work is carried out in accordance with the Contract Documents and in a first class: - thorough and workmanlike manner in every respect. Incompetent, disorderly. intemperate or incorrigible employees shall be dismissed by the Contractor or his representative when requested by the Engineer or the Owner. and such persons shall not again be permitted to return to the Work without the written consent of the Owner. The Contractor agrees to indemnify and hold the Owner harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction and performance Of the Contract. . The Contractor shall provide at the request of the Owner such reasonable information about his employees as may be necessary. including in part. name. address and social security number. 58. LIOUIDATED DAMAGES - TIME AN ESSENTIAL ELEMENT. A. It is mutually understood and agreed by and between the parties to the Contract that in the execution of the same. time is an essential element of the Contract. and it is important that the Work be pressed vigorously to completion. B. The Contractor agrees that said Work shall be prosecuted regularly, diligently. and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed. by and between the Contractor and the Owner. that the time for the completion of the Work set forth in the Contract Documents is a reasonable time for delivery of equipment and materials and completion of the Work as specified. C. The time of commencement and completion of the Work fixed by the Owner and set forth in the Contract Documents will determine and be known as the "Contract Period ". D. If Contractor shall neglect. fail or refuse to complete the Work within the Contract Period. then for each calendar day that any Work shall remain uncompleted after the end of the Contract Period, the amount per calendar day specified in the Proposal form will be assessed by the Owner. not as a penalty. but as a predetermined and agreed liquidated damage. E. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would sustain in the event the Work is not completed within the Contract Period. F. Extensions of time granted by the Owner in accordance with the provisions of "Extension of Contract Period" shall not waive liquidated damages unless such extensions granted by the Owner specifically provide for the waiving of liquidated damages during and over such period of time extension. Due account however will be taken of any adjustment in the Contract Period when the Owner determines that the cause for such adjustment is unforeseeable. beyond the control of. and without the tautt or neglect of the Contractor. G. - The Owner shall have the right to deduct said liquidated damages from any money in the Owners hands, otherwise due. or to become due. to said Contractor, and 10 sue for and recover any additional compensation for damages for non- performance of the Contract at the time stipulated and provided for in the Contract Documents. H. The assessment of liquidated damages for failure to complete the Work within the Contract Period shall not constitute a waiver of the Owners right to collect any additional damages which the Owner may sustain by failure of the Contractor to Carry out the terms Of his Contract. • 57. RIGHTS OF VARIOUS INTERESTS. Whenever Work is done by the Owners employees or by other contractors which is continguous to Work included in the Contract Documents, the respective rights of the various interests involved 11 - - Issue 11 /88 shall be established by the Engineer to •secure the completion of the various portions of the Work in general harmony. 68..TEMPORARY SUSPENSION OF THE. WORK. The Engineer shell have .authority to recommend that the Owner 61. suspend the Work wholly or in part. for such period or periods of time as the Engineer may deem necessary to unsuitable weather or such other conditions considered unfavorable for the suitable prosecution of the Work including in part failure of the Contractor to supply terials or equipment meeting the 62. requirements o r, of the Contract Documents; or failure to carry but • . instructions or to perform provisions of the Contract Documents considered favorable for the orderly or suitable prosecution of the • Work. The right to recommend suspension of the Work. however, shall not give rise to any duty. the part of Engineer to exercise this right for the benefit of Contractor or any otherparty. During periods 'of suspension. the Contractor shall properly protect the 63. Work from possible injury. • 69. USE OR OCCUPANCY OF COMPLETED PORTIONS. - A. • The Owner shall have the right. to ta "'ppossession o f use or occupy any.compteted'or partiauy completed portions of the - W Work notwithstanding the time for•completing the entire Work or any portions. may. or may mot. have expired. Such taking possession, use or occupancy shag- • not be deemed- an- acceptance of, any Work until all Work has been completed in accordance with the Contract Documents. if such prior use • - or occupancy occurs during the-Contract Period and increases -the cost of, er delays the Work. the Contractor will be granted suctrextra.compensation or extension of time. or both. as the-. Engineer may recommend, subject to the approvelof the Owner. -. 6.• Cops em of Surety and endorsement trom the rnsurance carrier or carriers permitting prior occupancy or use of anycbmpleted et partlauy eorhpleted portions of the Wbrle by the Owner shag be seeured by the Contracklr. Contractor end his Surety hereby agree that such Consent shall not be unduly withheld - • 11a. AUTHDRRYOF ENGINEER. - 'A.' The Engineer, through its duly authorized representatives, shall furnish engineering- or architectural services during construc- tion "of, the Work as an agent of the Ownetto the extent ',raided in the Contract Doctiments."l4e shag observe and review the . Work" in Ste process of construction Or erection. Compliance with . the :Contract Documents shall be the Contractor's responsibility :notwithstanding stroll observation or revievi The Engineer has authority to recommend suspension of tho Work by the. Owner - when it appear8:such,suspenslon may. be necessary - 10 8cconuujsh the proper" implementation of the, intent of_ID. Contract Decuments.'Yhe suthonty ID obaeree reviewor reconunen'd suspension of the Worlc,:drexerciae such : • Other authority as n eybe granted by tiro Contract DgoumenID. "shall not be construed or interpreted to mean supervision of constructor , whinftistheContraetbei responeibtlity,. De Engineer: responsible •for providing a "sale place for the • - performance of Work by the Contractor or bythe Gontractes employees. -or those of auppfiers or Subcontractors. or ter access. 'visit: arse. work, travel, or occupancy bir any Other person. The Engineer shall' also' have the. authority to . ryect _ any Work materials: •or equipment s4tich do not. conform to - ,the Contract - Documents and to decide technical; questions Which arise in the execution of the Work - - - - - B. The Engineer Shall determine the amount. quality, acceptability. • and fitness of the several kinds of Work materials, equipment and supplies which are to be paid for under the Contract and • shall decide questions which may arise-at relation to said Work . and its compliance with the Contract Documents. The Engineers estimates and decisions shall • be final and conclusive.. except as otherwise. expressly proeided. In Case any 'question shall arise - between. the parties to the Cori(ract - . refativa to the Contract Docoments, the; determination or decision of the Engineer shall be a condition precedent to the- : right of the Contractor to receive any money Or payment for Work under the Contract affected in any manrner or to any extent by such question. C. The Engineer shall decide-the meaning and intent of any portion of the Contract Documents where the same may be found obscure or be in dispute. DECISIONS OF ENGINEER., The Engineer, through its duly authorized representatives, shall within a reasonable time after presentation. make decisions in writing on claims between the Contractor and Owner PERSONAL IJABIUTY OF ENGINEER. - - In Carrying out any of the provisions of the Contract or in exercising any power or authority granted thereby, there shall be no liability upon the Engineer or its duly authorized representatives, either personally or as an official of the Owner. rt being understood that in such matters they act asagents and representatives of the Owner. AUTHORITY AND DUTIES OF ENGINEER'S FIELD • REPRESENTATIVES. A. Field representatives of the Engineer may be stationed on the Project site report to the Engineer asto the progress of the Work the manner in which it is being perfomeed. and also to. report whenever it appears that material furnished and : Work performed by the Contractor fail to fplfill the requirements of the Contract Documents. The representative may direct the attention of the Contractor to such failure or infringement but such - construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to Provide completed construction in a safe and satisfactory manner in wry particular. B. In case any dispute arises between the. Engineer's. field representative and the Contractor, as to materials furnished or the satisfactory ppiorrnance of the Work the represernetive shall have the authority to reject materials or recommend suspension of the Work by the Owner until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not,give rime 10 any duty on the 'pan Of Engineers field representative to exercise this right for the - - benefit of Contract or any other party Field representatives are not authorized to revoke. alter. enlarge. relax or release any requirements of the Contract Documents - nor to issue instructions contrary to the Contract Documents. Field representatives Shall in no case act es foremen. superintend -. eras. or .perform other duties for the Contractor or interfere `with the management of the Work by the - Contractor. C. All condemned Workshell be promptly taken out and replaced by satisfactory Wbrk and all condemned materiels shall be - prornptlq removed from the vicinity of the Work Should the Contractor tailor refroze to comply with instructions in this respect the Owner may withhold payment, proceed to declare the Contract in default. or both. • ct tea- e xamination ofqueationed Wait may be .ordered by the Engr r with poor wdtIen consent of the Owner. and. if so or dered. the Vtbrk -must be uncovered by the Contractor. It such Work" Was pertortned in accordance. whit the Contract ' DocOmentit.. the Owner ;hall pay the' cost of re-ecerninatiort and` repla'cement: Id'such.. Work :was not performed. 1 0 accordance with the Contract Documents, the Contrastorshall pay such cost unless he shell prove thaftIefaoi: in the was caused byothers than the Contractor of his Subcontractors or anyone else under the Contractors, direction and control. and in the event the Owner is at fault. the Owner shall pay such cost. - , E Any defective materials or. workmanship may be rejected by the Engineer at any time before the final acceptance of the Work even though the same 'may have been previously overlooked and estimated for payment. $4 CHANGED OR ECTRA WORK. - - • A. The Owner. through a Change Order prepared by the Engineer. 'reserves the right atany time during the progress of the work to make necessary alterations of, deviations from, additions to or deletions frorn the Contract or may require the performance of extra Work not covered by the Contract Oocurnents, but 12 . - - issue 11 /88 ■ forming a part of the Work contracted for; provided however. the - Contractor shalt not proceed with any such Changed or Extra Work without a Change Order. The nature and extent of the proposed Changed or Extra Work shall be defined in writing with a Change Proposal Request (CPR) by the Engineer and submitted with a written request to the Contractor to indicate any change in construction contract cost or time for the proposed Changed or Extra Work. The Contractor shall return, the Change Proposal Request (CPR) to the Engineer with a detailed cost breakdown. The Engineer may then submit the - Change Proposal Request (CPR) to the . : Owner with a recommendation regarding acceptance. • If the Owner accepts the Change Proposal Request (CPR), the Engineer will notify the Contractor and prepare a written Change Order Jf the Owner does not accept the _Change Proposal Request (CPR). the Engineer will notify the Contractor and the proposed Changed or Extra Work shall not be done. The Change Proposal Request (CPR) is not a CHANGE ORDER and work is not authorized until a formal CHANGE. ORDER has been executed by the Owner. Changed or Extra Work shall in no way the Contract or the Contractor's bond. but the difference • in cost shall be added -to or deducted from the amount of the Contract. as the case may be. Adjustments. if any. • in the amounts to be paid to the Contractor by reason of any such Changed or Extra Work shall be determined by one of the following methods in the order as listed: (1) Method A Unit prices contained in the Contractor's Proposal -for the same type or class of Work. (2) Method R By an acceptable unit price proposal from the Contractor. . (3) Method C By an acceptable lump sum price, proposal from the Contractor. (4) Method D If neither Method B nor C can be agreed upon before the • - Changed or Extra Work is started, then the Contractor shall be paid the "actual field cost" of the Work plus 15 percent. B. Whenever any Changed or Extra Work is to be done, •for which unit prices for the same type or class of Work are contained in the Contract Documents, such Work shall be done and will be measured and paid for pursuant to "Method A" hereinabove set forth and the applicable portion of the Contract Documents. C. Methods B and C shall include an itemized cost breakdown for the material and labor - involved; and. a maximum of 15 • percent for overhead. and. profit shall be.'altocated to the . Contractor or Subcontractor which actually performs the Work. In determining the amount payable to • the Contractor an additional 5 percent may be - added to the amount payable to a Subcontractor if the Subcontractor actually performed the Work but no "pyramiding" or additional percentage will be authorized for any Work done by a Sub - subcontractor. D. Resort will not be had. in any case. to Method 0 until negotiation has been entered into by the parties hereto under Methods B. or C as hereinabove set forth. E. When 'any change or extra Work is performed under Method D. the term "actual field cost of such change or extra Work is hereby defined to be and shall include: • (1) The actual payroll cogt of all workers such as foremen, equipment operators. mechanics, and laborers. for the time spent actually performing the change or extra ,Mork. 13 (2)- All materials and supplies incorporated in the Changed or Extra Work, (3) All machinery and equipment for the time actually employed or used in the performance of the Changed or Extra Work - based on the appropriate State Department of Highway's Equipment Schedule in force at the date of the Change Order. • (4) Any transportation charges necessarily incurred in connection with any equipment authorized by the Engineer for use on said Changed -or Extra Work but which is .not already on the site. (5) All power fuel, lubricants. water. and similar operating expenses as well as other expendable materials. (6) All incidental expenses incurred as a direct result of such Changed or Extra Work. including payroll. taxes and a prorate portion of premium on the Performance. Payment. and Maintenance Bond. and. where the premiums therefore are based on payroll costs. on Public Liability and.Property Damage Insurance. Workmen's Compensation Insurance. and Occupational Disease Disability Insurance. Builder's Risk. and other insurance required. by the Contract. (7) No repairs, replacements or other forms of overhead expense shall be included in "actual field costs ". F. The Engineer may direct the form in which the accounts of the actual field costs shall be kept and may also specify in writing. before the Work commences. the method of doing the Work and the type and kind of machinery and equipment. if required. which shall be used in the performance :of any Changed or Extra Work under .Method D. In the - event that machinery and heavy construction equipment are required for such Changed of Extra Work the authorization and basis of payment for the use thereof shall be stipulated in the Change Order. G. The 15 percent of the "actual field cost" to be paid to the Contractor or Subcontractor, as applicable. shall coyer and be full compensation for the profits, overhead. general superin- tendence. and field office expense, and all other elements of cost not embraced within the "actual field cost" as herein defined. In determining the amount payable to the Contractor an additional 5 percent may be added to the amount payable to a Subcontractor if the Subcontractor actually performed the Work but no "pyramiding" or additional percentage will be authorized for any Work done by Sub - subcontractors. • H. Daily reconciliation of materials and labor shall be made and signed by the Engineer and the Contractors Superintendent. No claim for any Changed or Extra Work of any kind will be allowed unless the Work is ordered and approved by a Change Order. • J. •No anticipated profits will be allowed for Work deleted: • K. The Contractor 'shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner. give the Owner access to accounts relating thereto L Any Changed or Extra Work may be ordered by the Owner through the Engineer by means of a Change Order without invalidating the Contract and shall be considered a part of the Contract. subject to all of its terms. conditions. stipulations. review, guarantees. and tests. and may be performed without notice to the Surety on the Contractor's bond. The Contractor and Surety hereby agree to. these. provisions. M. The Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time. which are consistent with the overall - intent of the Contract Documents- These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly If Contractor believes that a Field Issue 11 /88 i. Order justifies an increase in the Contract Price or Contract Time, Contractor shall make a claim under "Claims for Extra: Cost" before doing the Work.. . • 65. CLAIMS FOR EXTRA COST. • A In case any instructions. either oral or written. appear to the Contractor to involve a Changed or Extra Work for Which. in his opinion. he should receive extra compensation, he shall make a written request to the - Engineer for a Change Order authorizing such change or extra Work Should a difference of opinion arise as to what does or does not constitute a change or extra Work. or concerning the payment thereof. and the Engineer requires its performance under the Contract Documents. the Contractor shall proceed with the Work after presenting written•notice of claim for extra cost to the Owner through the Engineer and shall keep an accurate account of the "actual field cost" thereof as provided for in Method 0 under Changed or Extra Work. The Contractor will thereby not waive any right he might have 10 compensation for the claimed extra cost in connection with a change or extra Work The matter Will be submitted to the Owner for final determination • es to whether or, not a change or extra Work was involved, and if 84 the amount due to the Contractor. : B. Any claims for extra cost pursuant to this section, together ' with supporting documents and receipts,, must be filed with the Engineer within 15 consecutive calendar days after - - performing the Work for which extra'cost a claimed. The Owner shall have :. the right to "elect any -claim for extra Cost if the foregoing procedure is not followed. C In giving verbal instructions. the Engineer shall have authority to make minor changes thatch not involve extra cost or time, 87. of .performance and are not inconsistent with the design. concept and purposes of the.00ntracted Worlc but otherwise. except in an emergency endangering life or- propert ..no change or extra 'Work shall be performed without a Charge Order approved .by the Engineer and the Owner, and no claim for twee cost shallbawfd tiniest soappraed:exceptasotherwise 68. proridedherein, 66 ..eCtENSION.OF CONTRRACT1ERIOI1 - .. A . The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Period .fired in the Contract Documents, he , bas,. taken -into coneid -, erefien_ and made allowances for an delays and hindrences incidental to such Work whether. growing out of decays in , - • securing maaerlals or workers. or otherwise." B. Should the Contractor : ba delayed in the prosecution and .. eonnpletion, the Work by any.ceuse beyond his control., he • shall have -no damn' or right Of WO* for dernagas from the Owner fora* such cause or delay sinless the,causei or delay • is the result of fraud or active interference by the Owner. The .:. cbmracter WMM in sack casc • greeted en extension of the time specified for completion of the Work as the :Owner may award in writing on account of Such delay; pro81ded. however, • that claim for such extension of time is made by the Contractor act -the : Owner, through the Engineer in writing. within 10 ..congadufrva.caleridar days from, the time when.tlaie alleged. . Causefpr delay arises. The Owner reserves theright towithtiold granting Of any time extension untie the stipulated Contract • Period is about to expire. C. The Owner. at the Owners sole discretion, may waive the above requirements and grant extensions of time for any reason or reasons the Owner deems valid. D. Time extensions however. will not. be granted for rain. wind. flood or other natural phenomena of normal intensity fro' the locality where Work is performed: For purpoSe of determining extent of delay attributabfedo unusual weather phenomena. a_ . .determination 'shag be made by comparing the weather for at . 'least any continuous ore -fourth of the Contract Period involved with the average of the preceding 5 climatic range durini the.same lime interval based on US. yen Bureau statistics for the locality where the.Work is performed. - - E. An extension of the Contract Period. may be granted by the Owner for any of the following reasons: - (1) Additional Work resulting from a modification of the Contract Documents for the Project. (2) Any preference. priority or allocation order duly issued by • the Government. • (3) Unforeseeable cause beyond the control and without the fault or negligence of the Contractor; including, but not restricted to acts • of God which are unusual weather phenomena. or acts of the public enemy. acts of the Owner, acts of another contractor in the performance of a contract with the Owner. fires. epidemics. quarantine restrictions, . industry-wide strikes. freight embargoes, and severe weather as provided above. - - - ,(4) Delays of a 'Contractor's Subcontractors or . suppliers - occasioned by any of the causes specified in (2) and (31 F . Provided. however, the Contractor shall notify. the Owner - through the Engineer of the alleged cause, of such delay as hereinbefore required. The Owner. shall ascertain the facts and the extent of the delay with the assistance of the Engineer. G. NO extension of die Contract Period will be allowed "for variation beaysenContract quantities and actual quantitieswhich cannot be predetermined and which amount is more or less than 26% of. the-Contract quantities.. cERRPICATES. WARRANTIES. AND GUARANTEES, Contractor shall provide a minimum of 6 copies of any warranty. guaranty . or certificate as may be required by. the Contract Documents to the Owner through "the Engineer prior -tb the acceptance Ogle Work by the Oemer. ... C RUCTION REVIEW AND TESTING bF MATERIALS AND ERUIPMENI: A. During the progress of the Work, it shall be subject to the review and observation of the Engineer. The Contractor shall afford every reasonable facility and. . assistance fo the Engineer to make such review. if anyV*Workis covered up Without approval Or consent of the Engineer it moat; N required bythe Engineer, be uncovered ion` examination at the, Contras expense. 8, The fact that the Engineer, is on the Project site shah not be taken as an acceptance Of the Contractors Work Or - relieve the Contractor from performing the .*M*rk in accordance with - tf*e Comrade Documents. COMraater shall notify the Engineet upon completion of hie Contract. and the Work Shall be.gN,an thud construction review by the Engineer. end any te518 and re - teats shaft be witnessed by the Engineer.lf all pots of the Wottere acceptable and substantially cemplywiththe Contract Document . a recommendation Of Enal aterfp6ailce Wit A be, made by the.Enginaer 80100 Owner..if parts of the.W eek are eot.acceptable and requ(te additional Work'by the Contractor to complete: the project. neoessltating. additioratl review,. cskulatians, or redskin by the Engineet4 the cost of such additional reviews. calculations. or redesign including" time. trawl, and lodging:'slia11 be paid for by the Contrsctl r to the Owner who will reimburse the Engineer. The Owner may offset said monies by deducting that am«mt from the. payments due the Contractor. - - C. Contractor shall submit to the Engineer. at least 7 days in advance of construction and without charge. samples or spebifioations of materials he proposes to use and shell not use these materials Until he has received approval from the Engineer. - 0 Contractor shall furnish teats andreppns en tests of all materials and equipment called for in - the_ Contract . Documents. The testing laboratory must be apprOyed by the Owner and the Contractor shall pay the cost of the tests. and necessary retests. 14 - Issue 11/88 including all transportation charges and other direct costs . unless otherwise provided by the Contract Documents. E. All tests and retests, unless otherwise provided. shall be in accordance with the pertinent sections of the latest edition of the Standards applicable to the material or devices to be tested. A partial list of the principal societies referred to and their abbreviations follow: AA.S.H.T.O. American Association of State Highway and Transportation Officials A.C.I. • - American Concrete Institute A.I.S.C: American Institute of Steel Construction A.N.S.I. American National Standards Institute AS.H,RA. American Society of Heating. Refrigeration and Air Conditioning Engineers A,S.TM. American Society for Testing Materials A.W W.A. American Water Works Association C.S. : Commerical Standards LS.A_ Instrument Society of America F.S. Federal Specifications N.E.C. National Electric Code N.E.MA, National Electrical Manufacturers Association U.L. Underwriters Laboratories Inc: • F. All parts of the Work and improvements shall conform to the standards of construction as :given- in detail under the various items of the Contract Documents. and if they do not conform. shall be made to do so by rebuilding or replacing or otherwise as instructed by the Engineer or Owner. without further cost to the Owner. before acceptance shall be made. G. If after the commencement of the Work the Engineer determines that any Work requires special inspection, testing. or approval not otherwise provided fora the Engineer will. upon written authorization from the Owner, instruct the Contractor to order such special inspection, testing, or approval. and the Contractor shall give timely notice of its readiness and of the date arranged so the Engineer may observe such inspecting, testing. or approval. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents or with respect to the performance of the Work, with laws. ordinances, rules. regulations or orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof. including the. Engineer's additional services made necessary by such failure: H. Required certificates of inspection, testing or approval shall be secured by the Contractor and promptly delivered by him to the Engineer. 69. "GOOD REPAIR" PERIOD. A. The Contractor. hereby agrees to keep all Work constructed under the Contract in Good Repair for a minimum period of one (1) year. unless a longer period is otherwise specified in the Contract Documents, from the date of acceptance of the Work by the Owner. No provision of the Contract Documents shall be valid which. limits the "Good Repair period to less than one (1) year from the date of acceptance of the Work by the Owner. _ B. It is intended that this provision shall apply whether or not bond is required. as a personal obligation of the Contractor. C. The obligations of the Contractor as herein provided shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. 70.• REMEDY OF DEFECTS, DETERIORATION OR DEPARTURE FROM STANDARDS. A H in the opinion of the Owner, a : defect exists, or functional or structural deterioration takes place, or serious departure from the standards of original construction exists in the Work or improvements as stated in the definition of "Good Repair the Owner or the Owner's representative shall so `notify the Contractor by registered or certified letter to the address 15 given in the Contractor's proposal. or to the Contractors -last business address known to him who gives the notice. and a copy of such notice will be sent to the Surety. It is mutually agreed that such notice shall be sufficient and adequate.. If - the Contractor shall not proceed to remedy such defects, deficiencies. deterioration or departures as are called to his attention in the notice within 10 consecutive calendar days after mailing of notice. the Owner shall cause the repairs to • be made as the Owner deems best. and the entire cost thereof shall be paid by the Contractor or his Surety or,deducted from any amounts as are due to the Contractor from the Owner. The Owner may remedy defects or cause repairs to be made in any part of the Work in accordance with this, procedure without declaring the Contract in default as stipulated in Paragraphs, 81. 82 and 83- or terminating : the Contract as provided under Paragraph 80. 8: In lieu of remedying defects. deterioration or departure from standards. Owner may choose to accept the defective portion of the Work. The Owners acceptance of such defective portion of the Work is expressly conditional on the Contractor providing an adequate reduction in the Contract Price; or if after acceptance. Contractor providing :an adequate cash payment to Owner. 71. VARIATION FROM ESTIMATED QUANTITIES. The Contractor may - reasonably expect a variation in estimated quantities such that the total payment for the completed Work may range from 75 to 125 percent of the total amount of the Contract based on the estimated quantities. The Contractor will not be allowed any claims for anticipated profits. for loss of profits. or for any damages because of a difference between the estimate of any item and the amount of the item actually required or for the elimination of any part of the Work. Funds for construction of the Work herein contemplated are limited. The Owner reserves the right to eliminate or reduce the items of the Proposal or any of the Work as may be required to bring the cost of the Work within the limits of available funds. 72. PROGRESS PAYMENTS. A. Where progress or monthly payments are permissible by law, and provided for by the Contract Documents: such payments in the amount indicated in the Contract Documents will be paid unless otherwise provided by law. B. When monthly progress payments are authorized. the Contractor shall submit to the Engineer an itemized application for payment on forms approved by the Engineer. supported by such data substantiating the Contractor's right to payment as the Owner or the Engineer may require. If payments are to be .authorized on account of materials, supplies and equipment not incorporated in the Work but delivered and suitably stored at the Project site and necessary for the orderly prosecution of the Work the Contractor shall furnish with his application for payment bills of sale. bills of lading, invoices, or such other evidence as may be appropriate and satisfactory to the Engineer and the Owner that establishes: (1) Actual cost incirlding transportation to the Project site, of such materials. supplies and equipment; (2) Title thereof in Owner upon payment; (3) Appropriate insurance coverage to protect the Owner's interest therein upon payment. C- D. The Contractor warrants that title to all materials, supplies and equipment covered by an application for payment. whether incorporated in the Work or not. will pass to the Owner. upon receipt of payment by the Contractor. free and clear of all liens. claims, security interests or encumbrances: and that such materials. supplies or equipment- furnished or installed comply with the applicable requirements of the Contract Documents. Issue 11/88 EM RIGHT OF OWNER TO TERMINATE CONTRACT. I Should it appear at any time that the Work is not being prosecuted with sufficient competence or rapidity to insure the proper completion of the Work within the stipulated-time, and, if after 10 consecutive calendar days following written notice to the Contractor and the Surety, he fails to increase the quality or the quantity of I his Work. or both, the Owner reserves the right to annul and cancel the Contract and reletthe Work or any part thereof. or at the Owner's "option to complete 8 by day labor. The Contractor shall not be" entitled to any claims for damages on account of such annulment. I and he will be held liable for costs and expenses incurred in reletting or otherwise completing 'the Work under the Contract. All money due the Contractor will be retained until the Work is completed and all expenses and costs have been deducted and any money ' • due the Owner, after such deductions have been made. shall be I 'paid by the Contractor, or his Surety who hereby agree to 'these provisions, 8t CONTRACTS DEFAULT I The Owner may declare the Contract in defaultfor anyone or more of the following reasons as determined by the in his sole . discretion; • A m Failure to coplate the Work within the Contract Period or any I proper extension thereof: granted by the Owner. ' B. Failure or refusal xi with an instruction of the Engineer within a reasonable time. - I C." Failure or refusal to remove rejected materials. equipment. or • sUPplies. - if Failure or to remedy anew any defective or unaccep table I Work ' E. Bankruptcy or insolvency, or the benefit of Creditors. I F. •Failure to proride a qualified' superintendent, or sufficient and competent workers or $ubeorltractors to carry on - die Work - in a satisfactory andworkmardike manner, or failure to prosecute. this Work in accordance with :the - agreed schedule of completion. •: 'Failure topnavrdeproper materials. equipment or supplies. I H. Disregard or violation of any important provisions of the, Contract Dooumenitaas determined by the Engineer. - 'L ..Disregard of laws, ordinances: rules. regulations or orders of any ppbllc body' having 3,risd ction, or the violation of. any t P ConsWuctron or safety codes P ROcEDURE' FOR DECLABINEI :ONTRACTIN DEFAULT. - - The - Owner. may declare the Contract in default by giving written I notice as the Contractor and his Suretyloihat eHact. Said fos CRr • - shalt oontarn the reason or reasons for•deleult and shall 1x a day - certain, not.les$ than 10 copaeetdive calendar days after the data . ofs8id notice; when theCOntractslialibe dedaned m defaut unless the rCcintraistor or his Surety remedies the 'default ifo' Owners • • eatis9aotign or makes satisfactory artangemgnt'with the Owned for :• - its rernedy'prior to the dayi 8rteinllted in said notice of declaring the Contract in default. The Owner filar at its sole option. extend the day'certairt lot declaring. the Contract in default without I prejudice to the Ownera right to thereafter declare the Contract in default. If the Contractor or his Surety fail to remedy the default or to make satisfactory arrangements for its remedy .prior to the date set Ter declaring the Contract in default. or any extension . thereof; the Contract shall be declared in default. " 1 3. COMPLETION OF CONTRACTS IN DEFAULT. A If for any reason a; Contract is declared in default. the Surety . shall have the tight to take over and perform the Contract I , ,provided. however,' if the Surety. does not commence performance thereof within 10 consecutive calendar days after, date of notice to the Contractor and his Surety that the Contract has been declared in default. the Owner. without process or 1 he making of, an assignment for action at law. may take over all or any portion of the Work and complete it at Owners option. either by reletting or by day labor, for the account and at the expense of the Contractor. B.'Whether the Surety takes over and completes the Contract. or the Owner takes over and completes it by reletting or by day labor. the Contractor and his Surety shag be liable to the Owner for any 'cost in excess of the original Contract price expended in completing the Work. including in part, any direct and indirect costs and professional services, and any liquidated damages stipulated in the Proposal form. together with such other damages which the Owner may suffer on account of the Contractor's nonperformance of his Contract. The Owner may_ waive such :portion of the liquidated damages as may accrue after the Work is in condition for the safe, convenient and beneficial use or occupancy by the Owner for all of the • purposes for which it wee intended. C. In the event the Owner lakes over the Work and prosecutes the Seine to completion. either by retelling or by day labor, the Contractor shall peaceably relinquish possession of said Work or the parts thereof specified' in the above- notice of declared default to the Contractor and his Surety. • D. The Owner may. at Owner's option and at a rental which is considered reasonable.. take possession of and ,utilize in completing the Work such materials. appliances. equipment. tools:plant, and machinery on the site of the Work and suitable therefore until the Work is complete. ,' • E. Alf money due the Contractor will be retained until the- ,lNork is completed and all expenses and costs have been deducted and any money, due the Owner after such deductions or Adjustments have been made as- herein provided shall bepaid • by the Contractor Or his Surety who hereby agree to all provisions hereih.: • 18 . Neither the Owner, Engineer, nor any of their officers. •agents or employees shall be in any way liable or accountable to the Contractoror his Surety for the Method by which the completion of the said Work. or any portion thereof, may be accomplished or for the Price �- -pail therefore. Should the cost of. Contract . completion, including all proper charges, be less than the original Contract price. the amount -so saved shall be paid to the Contractor, G. The - Owner, notwithstanding the method used in completing the Contract shall not forfeit the right to recover damages from the Cbntracti r or his SUretyfor the Contractors failure td timely complete hie entire Contract: The Contractor shall not be entitled fe any claim for darryage;.. aocount'of 1180 method Used bythe Owner in Completing the Contrail. - H. Maintenance of the Work shag continue to be the Contractor's• and his Surety's responsibilities .as. provided for in the bond . , or-"Good Repair" • requirements of the Contract Documents or any Special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by 04. OWNER'S REMEDIES CUMULATIVE AND NONWAIVER. No right or remedy conferred upon or reserved to the Owner tel the Contract shall be considered exclusive of any other remedy • or contractual right but - the - same shall be distinct separate and -. cumulative; and shag be in addition to every other remedy existing • at law or in equity or by statue; and every remedy given by the Contract to the Owner may exercised from time to time as often as the occasion may arise.' 01 as maybe- deemed expedient.. No delay or omission on the part of the. Owner to exercise any right or remedy arising from any default on the part of the Contractor shall impair Any such right or remedy or shall be construed to be a waiver of any such default or an acquiescence thereto, or . otherwise affect the right of the Owner to enforce the same in the event of any subsequent breach or default by the Contractor. Issue 11/86 E. The - passing of title to the Owner as herein provided shall not be construed as 'relieving the Contractor of the sole and complete responsibility for: (1) The care and protection of the materials. supplies. equipment and Work for which payment has been made. (2) The restoration of any damaged or destroyed Work. , materials. supplies or equipment. Such responsibility shall continue until all Work "under the Contract has been • completed by the Contractor and accepted by the Owner. F. Under no circumstances shall payment constitute a waiver of the Owner's right to require the Contractor to fulfill all of the terms and conditions of his Contract. - 73. PAYMENT WITHHELD. A. The Engineer - may recommend withholding payment or. on account of subsequentlydiscoered evidence. may nullify the whole or part of any "application for payment to such extent as may be necessary to protect the Owner from loss on account of any one or more of the following: (1) Defective Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against the Contractor. (3) Failure of the Contractor to make payments properly to Subcontractors or for labor, materials, equipment or for equipment rental. (4) A reasonable doubt that the Contract can "be completed for the balance then unpaid. (5) Damage to another Contractor. (6) Failure or refusal by the Contractor to comply with an instruction of the Engineer within a reasonable time (7) Unsatisfactory prosecution of the Work. (8) Liquidated damages payable by the Contractor. (9) Any other violation of or failure to comply with the provisions of the Contract Documents. 8. When the above grounds are removed. payment shall be made for amounts withheld because of them. The right 'to withhold payment however. shall not preclude the Owner from his right to declare the Contractor in default of his Contract for any of the reasons stipulated under "Contracts in Default "." 74. FINAL MEASUREMENTS. Final measurements, on unit price contracts. will be made by the Engineer. and the Contractor shall at his own expense provide help and other assistance as may be required for making same. 75. PAYMENT, USE OR OCCUPANCY OF WORK NOT EVIDENCE OF PERFORMANCE. No progress or final payment. nor any partial or entire use or occupancy of the Work or improvement, nor acceptance thereof, by the Owner shall be evidence of the performance of the Contract or construed to be acceptance of defective Work or improper materials. either wholly or in part. The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. 76. ACCEPTANCE AND FINAL PAYMENT. A. As soon as the Work has been substantially and satisfactorily completed. the Engineer will make a finaLestimate and prepare a certificate stating that the Work provided for under the Contract has been completed in substantial compliance with the Contract Documents and is recommended for acceptance by him under the terms and conditions thereof, with stated qualification. if any, and the balance -foend to be due the Contractor according to the terms of payment shall be paid by the Owner within 30 days after the date of the final estimate: provided. however. if any applicable Municipal Ordinance. State. County, District, or Federal law designates the manner of final payment. it shall be followed in lieu Of the manner of final payment outlined above. • B. Prior to receiving final payment. the Contractor. if and as requested by the Owner or by the Engineer. shall file with the Owner. (1) a receipt showing payment in full, or (2) a waiver - of claim and Iren. from each Subcontractor. materialman, supplier,- manufacturer and dealer for all labor. equipment and material used or furnished by each on the Work and (3) a complete release of all claims and liens which may have arisen under the Contract. In lieu thereof. the Owner may request and the Contractor shall file statements showing the balance due on all accounts. The manner in which settlement is made by the Owner with the Contractor shall not release the Contractor or his Surety under the payment provisions of his bond. 77 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE. A. The acceptance of final payment by the Contractor shall operate as a release to the Owner and to the Engineer of all claims and liens by the Contractor for all Work and services furnished in connection with the Contract and for every act and neglect of the Owner of the Engineer. and others relating to or arising out of the Work under the Contract. except for claims previously made in writing and still unsettled. B. No payment, final or otherwise. shall operate to release the Contractor or his Surety from any obligations under the Contract or under the Performance. Payment and Maintenance Bond, including. but not limited to any one or more of the following: (1) Obligations arising from or relating to latent defects. (2) Faulty Work or material appearing after any payment. (3) Failure of the construction. materials, equipment or fixtures to perform efficiently in accordance with the requirements of the Contract Documents. (4) Unsettled claims. - - (5) Claims for non - payment of laborers. mechanics. material - men or suppliers, or for equipment used or rented. (6) Claims under the maintenance requirements provided for by the bond or "Good Repair" requirements of the Contract Documents or any special guarantees provided for under the Contract Documents. (7) Claims for any other obligations otherwise prescribed by law. 78. OWNERS RIGHT TO CORRECT DEFICIENCIES. If the Contractor should neglect to prosecute the Work properly in accordance with the Contract Documents: the Owner, after 10 consecutive calendar days following written notice to the Contractor and his Surety, may. without prejudice to any other remedy the Owner may have, and without declaring the Contract in default or terminating the Contract, correct such deficiencies in Work intended to become a permanent part of the Project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or his Surety. 79. SUSPENSION OF WORK BY OWNER. The Owner reserves the right to suspend and reinstate execution of the whole or any part of the Work contracted for without invalidating the provisions of the Contract in any way. Orders for suspension or reinstatement of the Work will be issued by the Owner to the Contractor in writing. 16 Issue 11 /88 I 1 00805 -1 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. 24 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 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00805 -2 1 01 shall," in conformity with," "as shown," or "as specified" are 01 1 02 intentional in streamlined sections. Omitted words and phrases shall 02 03 be supplied by inference. Similar types of provisions may appear in 03 11 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 11 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 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 11 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 11 18 18 19 SC -5.1. 19 20 21 11 21 Amend paragraph GC -5.1. by adding the following sentence at the end of the 21 22 paragraph. 22 23 P4 11 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 P7 11 28 28 29 SC -5.4. P9 30 30 11 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 11 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 11 41 41 42 (3) Employer's Liability: $600,000 per occurence. 42 43 43 44 45 5.4.3., 5.4.4., and 5.4.5. CONTRACTOR's Liability Insurance under paragraphs 44 ' 5.4.3. through 5.4.5. of the General Conditions, which shall also include 45 46 completed operations and product liability coverages and eliminate the 46 47 exclusion with respect to property under the care, custody and control of 47 48 CONTRACTOR: 48 49 49 50 (1) General Aggregate (Except Products -- Completed Operations) 50 11 51 $1,000,000. 51 52 52 53 (2) Products -- Completed Operations Aggregate $1,000,000. 53 1 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 00805 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 01 02 (3) Personal and Advertising Injury (Per Person /Organization) 02 03 $1,000,000. 03 04 04 05 (4) Each Occurrence (Bodily Injury and Property Damage) $1,000,000. 05 06 06 07 (5) Property Damage liability insurance will provide Explosion, Collapse 07 08 and Underground coverages where applicable. 08 09 09 10 (6) Excess Liability 10 11 11 12 General Aggregate $1,000,000 12 13 13 14 Each Occurrence $1,000,000 14 15 15 16 5.4.6. Automobile Liability. 16 17 17 18 (1) Bodily Injury: 18 19 19 20 $1,000,000 Each Person 20 21 $1,000,000 Each Accident 21 22 22 23 Property Damage: 23 24 P4 25 $1,000,000 Each Accident 25 26 26 27 or 27 28 28 29 (2) Combined Single Limit (Bodily Injury and Property Damage): 29 30 30 31 $1,000,000 Each Accident 31 32 32 33 5.4.7. The entities listed below are "additional insureds as their interest 33 34 may appear "including their respective offices, directors, agents and 34 35 employees. 35 36 36 37 OWNER: City of Round Rock, Texas. 37 38 38 39 ENGINEER: HDR Engineering, Inc. 39 40 40 41 41 42 SC- 5.4.10. 42 43 43 44 The Contractual Liability coverage required by paragraph 5.4.10 of the General 44 45 Conditions shall provide coverage for not less than the following amounts: 45 46 46 47 (1) General Aggregate $1,000,000. 47 48 48 49 (2) Each Occurrence (Bodily Injury and Property Damage) $1,000,000. 49 50 50 51 SC- 5.4.11. 51 52 52 53 Amend paragraph 5.4.11. by striking out the words: "to whom a certificate of 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00805 -4 1 01 insurance has been issued ". 01 ' 02 02 03 SC- 5.4.13. 03 II 04 04 05 Amend paragraph 5.4.13 by striking out the words: to whom a certificate of 05 06 insurance has been issued ". 06 07 07 ' 08 SC- 5.4.14. 08 09 09 10 Add a new paragraph after paragraph GC- 5.4.13. which is to read as follows: 10 II 11 12 5.4.14. With respect to all insurance required by this paragraph 5.4., 12 13 CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, 13 II 14 and each additional insured identified in the Supplemental Conditions. 14 15 15 16 16 17 SC- 5.6.5. 17 , 18 18 19 Amend paragraph GC- 5.6.5. by striking out the words: "to whom a certificate of 19 20 insurance has been issued ". 20 21 21 II 22 SC -5.8. 22 23 23 24 Amend paragraph GC -5.8. by striking out the words: "to whom a certificate of 24 ' 25 insurance has been issued ". P5 26 26 27 SC- 5.14 P7 ' 28 28 29 Delete paragraph GC -5.14. P9 30 30 II 31 SC -5.15. 31 32 32 33 Add two paragraphs immediately after Paragraph GC -5.15 which are to read as 33 34 follows: 34 ' 35 35 36 5.15.1. All insurance required by the Contract Documents, or by laws or 36 37 regulations shall remain in full force and effect on all phases of the Work, 37 II whether or not the Work is occupied or utilized by OWNER, until all Work 38 39 included in the agreement has been completed and final payment has been made. 39 40 40 41 5.15.2. Nothing contained in the insurance requirements shall be construed 41 II 42 as limited the extent of CONTRACTOR's responsibility for payment of damages 42 43 resulting from his operations under the Contract. CONTRACTOR agrees that he 43 44 alone shall be completely responsible for procuring and maintaining full 44 II 45 insurance coverage as provided herein or as may be otherwise required by the 45 II 46 Contract Documents. Any approval by OWNER or ENGINEER shall not operate to 46 47 the contrary. 47 48 48 II 49 SC -6.3. 49 50 50 51 Amend paragraph GC -6.3. by deleting the third sentence in its entirety, and by 51 ' 52 substituting the following: 52 53 53 INSTALLATION OF 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 01 In the absence of any Federal, state or local laws, regulations or covenants, 01 02 the CONTRACTOR may conduct its performance of the Work at the CONTRACTOR's sole 02 03 discretion. 03 04 04 05 05 06 SC -6.5. 06 07 07 08 Add the following sentence at the end of the first sentence of paragraph GC -6.5: 08 09 09 10 All items of standard equipment shall be the latest model at the time of 10 11 delivery. 11 12 12 13 SC -6.7. 13 14 14 15 Add a new paragraph after paragraph GC -6.7. which is to read as follows: 15 16 16 17 6.7.4. See Section 01640. 17 18 18 19 19 20 SC -6.24. 20 21 21 22 Add the word "required" to the first sentence of paragraph GC- 6.24.1., 22 23 immediately after the words "CONTRACTOR shall submit." P3 24 24 25 At the end of paragraph GC- 6.24.1., add the following paragraphs: 25 26 26 27 6.24.1.1. Shop Drawings submitted as herein provided by CONTRACTOR and 27 28 reviewed by ENGINEER for conformance with the design concept shall 28 29 be executed in conformity with the Contract Documents unless 29 30 otherwise required by OWNER. 30 31 31 32 6.24.1.2. When Shop Drawings are submitted for the purpose of showing the 32 33 installation in greater detail, their review shall not excuse 33 34 CONTRACTOR from requirements shown on the drawings and 34 35 Specifications. 35 36 36 37 37 38 Add the word "required" to the first sentence of paragraph GC- 6.24.2., 38 39 immediately after the words "shall also submit." 39 40 40 41 At the end of paragraph GC- 6.24.2., add the following paragraphs: 41 42 42 43 6.24.3. If a Shop Drawing, as submitted, indicates a variation from the 43 44 Contract Requirements as set forth in the Contract Documents and 44 45 ENGINEER finds same to be in the interest of OWNER and to be so 45 46 minor as not to involve a change in the Contract Price or time for 46 47 performance, ENGINEER may approve the Shop Drawings or Samples; 47 48 provided however, such departure is slight in nature and does not 48 49 affect the design concept of the Work. 49 50 50 51 Add a new paragraph immediately after paragraph GC- 6.24.3. which is to read as 51 52 follows: 52 53 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00805 -5 00805 -6 01 6.24.4. See Section 01340. 01 1 02 02 03 SC -6.25. 03 II 04 05 At the end of paragraph 6.25.3., delete "Variation." and add: "Variation; 05 06 otherwise CONTRACTOR will not be relieved of the responsibility of executing the 06 II 07 Work in accordance with the Contract Documents, even though such Shop Drawings 07 08 or Samples have been otherwise reviewed." 08 09 09 10 Add the following paragraph at the end of paragraph GC- 6.25.3: 10 ' 11 11 12 6.25.4. Shop Drawings and Sample submittals not conforming to requirements 12 13 of this paragraph 6.25 and Section 01340 will be returned to 13 II 14 CONTRACTOR without action for resubmittal and the resulting delay 14 15 shall be entirely the responsibility of CONTRACTOR. 15 16 16 17 Add the following paragraph at the end of paragraph GC- 6.25.4: 17 ' 18 18 19 6.25.5. See Section 01340. 19 20 20 II SC -6.26. 21 22 22 23 Add the word "required" to the first sentence of paragraph GC -6.26. immediately 23 II 24 after the words "ENGINEER will review and approve ". P4 25 25 26 SC -6.27. 26 27 27 ' 28 Add the word "required" to the first sentence of paragraph GC -6.27. immediately 28 29 after the words "ENGINEER'S review and approval of ". P9 30 30 II 31 Add the following paragraph at the end of paragraph GC -6.27: 31 32 32 33 6.27.1. ENGINEER's check and review of Shop Drawings and Samples, 33 34 Specifications and descriptive literature submitted by CONTRACTOR 34 , 35 will be only for general conformance with design concept, except as 35 36 otherwise provided, and shall not be construed as: 36 37 37 II 6.27.1.1. permitting any departure from the Contract Requirements; 38 39 39 40 6.27.1.2. relieving CONTRACTOR of the responsibility for any error in 40 II 41 details, dimensions or otherwise that may exist in such 41 42 submittals; 42 43 43 44 6.27.1.3. constituting a blanket approval of dimensions, quantities, or 44 ' 45 details of the material or equipment shown; or 45 46 46 47 6.27.1.4. approving departures from additional details or instructions 47 ' 48 previously furnished by ENGINEER. Such check or review shall not 48 49 relieve CONTRACTOR of the full responsibility of meeting all of 49 50 the requirements of the Contract Documents. 50 II 51 51 52 SC -6.31. 52 53 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 00805 -7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 Delete the word "negligent" from the first sentence of paragraph GC- 6.31., 01 02 immediately after the words "(ii) is caused in whole or in part by any." 02 03 03 04 SC -6.33. 04 05 05 06 Add the word "solely" in the first sentence of paragraph GC- 6.33., immediately 06 07 after the word "caused." 07 08 08 09 09 10 SC -9.6. 10 11 11 12 Add a new paragraph immediately after paragraph GC -9.6. which is to read as 12 13 follows: 13 14 14 15 The acceptance at any time of materials or equipment by or on behalf of OWNER 15 16 shall not be a bar to future rejection if they are subsequently found to be 16 17 defective, inferior in quality, or uniformity to material or equipment 17 18 specified, or are not as represented to ENGINEER or OWNER. 18 19 19 20 SC- 12.1. PO 21 21 22 Add a new paragraph after paragraph GC 12.1. which is to read as follows: 22 23 23 24 12.1.1. No extension of the Contract Time will be allowed for additional 24 25 Work or for claimed delay unless the additional Work contemplated or 25 26 claimed delay is shown to be on the critical path of the Project's 26 27 schedule of construction or CONTRACTOR can show by Critical Path 27 28 Method analysis how the additional Work or claimed delay adversely 28 29 affects the critical path. 29 30 30 31 SC -12.3. 31 32 32 33 Add two new paragraphs after paragraph GC 12.3. which are to read as follows: 33 34 34 35 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of 35 36 paragraph GC -12.3. and grant extensions to the Contract Time for any 36 37 reason OWNER deems valid. 37 38 38 39 SC- 14.15. 39 40 40 41 Add the words "and /or ENGINEER" to the first sentence of paragraph GC- 14.15.2. 41 42 after the words "against OWNER ". 42 43 43 44 SC -15.2. 44 45 45 46 Delete the paragraph after Paragraph GC- 15.2.4., which paragraph starts with the 46 47 words "OWNER may, after giving CONTRACTOR (and the Surety, if any) seven days... 47 48 " and ending with the words "lowest price for the Work performed. "; and 48 49 substitute the following text: 49 50 50 51 OWNER may, after giving CONTRACTOR (and the surety, if any,) 7 days written 51 52 notice and to the extent permitted by Laws and Regulations, terminate the 52 53 services of CONTRACTOR. 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 00805 -8 01 01 1 02 If CONTRACTOR's services are terminated, Surety shall have the right to take 02 03 over and perform the Work; provided, however, if Surety does not commence 03 II performance thereof within 10 consecutive calendar days after date of notice 04 05 to CONTRACTOR that the services of CONTRACTOR have been terminated, or if 05 06 Surety has taken over for CONTRACTOR and while prosecuting the Work in lieu 06 07 of CONTRACTOR, any one or more of the events cited in 15.2.1. through 15.2.4. 07 , 08 occur, then OWNER, without process or action at law, may take over any 08 09 portion of the Work and complete it in a manner most advantageous to the 09 10 Owner. 10 II 11 12 SC -16 12 13 13 II 14 Delete the entire text of Article 16, which appears after the article number and 14 15 the caption and substitute the following: 15 16 16 17 OWNER and CONTRACTOR may exercise such rights or remedies as either may have 17 , 18 under the Contract Documents or by Laws or Regulations in respect to 18 19 resolution of any dispute, subject to Paragraphs GC -9.10, 9.11, and 9.12. 19 20 PO II 21 21 22 END OF SECTION 22 INSTALLATION OF 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 DIVISION 1 GENERAL REQUIREMENTS II 01100 -1 1 01 SECTION 01100 01 02 02 ' 03 04 SPECIAL CONDITIONS 03 04 05 05 06 1.0 WORK INCLUDED IN PROJECT 06 II 07 07 08 This project involves installing a 2 meter belt press that has been purchased 08 09 by the City of Round Rock. The belt press is to be installed in an existing 09 ' 10 building at the City of Round Rock East Wastewater Treatment Plant. The East 10 11 Wastewater Treatment Plant is located just east of the City of Round Rock. 11 12 CONTRACTOR shall determine the location of the treatment plant. 12 II 13 13 14 The belt press is expected to be delivered to the East Wastewater Treatment 14 15 Plant after issuance of a Notice To Proceed on this project. If delivery is 15 16 after issuance of a Notice To Proceed on this project, the CONTRACTOR shall 16 ' 17 be responsible for receiving and unloading the belt press and for 17 18 coordinating such activities with Ashbrook Corporation, the belt press 18 19 manufacturer. The CONTRACTOR shall assume full responsibility for inspecting 19 ' 20 the press upon delivery to the plant site and shall be responsible for the 20 21 press thereafter. 21 22 22 23 If the belt press is delivered to the job site prior to issuance of a Notice 23 II 24 to Proceed, the CONTRACTOR shall inspect the press with the ENGINEER when he 24 25 moves -in, and note any damage. The CONTRACTOR shall be fully responsible for 25 26 the press after the inspection. 26 ' 27 27 28 2.0 SCHEDULE 28 29 29 II 30 Scheduling requirements are identified in the Bid Form in Section 00301. 30 31 Liquidated Damage provisions are identified in the Agreement in Section 31 32 00500. 32 33 33 ' 34 34 35 35 36 END OF SECTION 36 1 1 1 1 1 1 1 INSTALLATION OF 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 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. 20 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: 25 26 1. See General Conditions. 26 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 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 01340 -1 01340 -2 01 01 1 02 B. Miscellaneous Submittals: 02 03 1. Transmit under Contractor's standard letter of transmittal or 03 II letterhead. 04 05 2. Submit in triplicate or as specified in individual specification 05 06 section. 06 II 07 3. Transmit to: 07 08 08 09 HDR Engineering, Inc. 09 10 2211 S. IH -35, Suite 300 10 ' 11 Austin, TX 78741 11 12 Attn: James R. Glaser, P.E. 12 13 13 II 14 14 15 1.04 PREPARATION OF SUBMITTALS 15 16 16 17 A. Transmittal contents: 17 ' 18 1. Coordinate and identify shop drawing contents so that all items 18 19 can be easily verified by the Engineer. 19 20 2. Identify equipment or material use, tag number, drawing detail 20 ' 21 reference, weight, and other project specific information. 21 22 3. Provide sufficient information together with technical cuts and 22 23 technical data to allow an evaluation to be made to determine 23 II 24 that the item submitted is in compliance with the Contract 24 25 Documents. P5 26 4. Submit items like equipment brochures, cuts of fixtures, product 26 27 data sheets or catalog sheets on 8 -1/2 x 11 IN pages. Indicate 27 ' 28 exact item or model and all options proposed. 28 29 5. Include legible scale details, sizes, dimensions, performance 29 30 characteristics, capacities, test data, anchoring details, 30 ' 31 installation instructions, storage and handling instructions, 31 32 color charts, layout drawings, parts catalogs, rough -in diagrams, 32 33 wiring diagrams, controls, weights and other pertinent data. 33 34 Arrange data and performance information in format similar to 34 ' 35 that provided in Contract Documents. Provide, at minimum, the 35 36 detail provided in the Contract Documents. 36 37 6. If proposed equipment or materials deviate from the Contract 37 , 38 Drawings or Specifications in any way, clearly note the deviation 38 39 and justify the said deviation in detail in a separate letter 39 40 immediately following transmittal sheet. 40 II 41 41 42 B. Operation and Maintenance Manuals: Not Used. 42 43 43 44 1.05 ENGINEER'S REVIEW ACTION 44 , 45 45 46 A. Shop Drawings and Samples: 46 47 48 ' 48 1. Items within transmittals will be reviewed for overall design intent 48 49 and will receive one of the following actions: 49 50 a. A - FURNISH AS SUBMITTED. 50 II 51 b. B - FURNISH AS NOTED (BY ENGINEER). 51 52 c. C - REVISE AND RESUBMIT. 52 53 d. D - REJECTED. 53 INSTALLATION OF 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 01340 -3 01 e. E - ENGINEER'S REVIEW NOT REQUIRED. 01 02 2. Transmittals received will be initially reviewed to ascertain 02 03 inclusion of Contractor's approval stamp. Drawings not stamped by the 03 04 Contractor or stamped with a stamp containing language other than 04 05 that specified in Paragraph 1.03- A.4.a., will not be reviewed for 05 06 technical content and will be returned without any action. 06 07 3. Transmittals returned with Action "A" or "B" are considered ready for 07 08 fabrication and installation. If for any reason a transmittal that 08 09 has an "A" or "B" Action is resubmitted, it must be accompanied by a 09 10 letter defining the changes that have been made and the reason for 10 11 the resubmittal. Destroy or conspicuously mark "SUPERSEDED" all 11 12 documents having previously received "A" or "B" Action that are 12 13 superseded by a resubmittal. 13 14 4. Transmittals with Action "A" or "B" combined with Action "C" (Revise 14 15 and Resubmit) or "D" (Rejected) will be individually analyzed giving 15 16 consideration as follows: 16 17 a. The portion of the transmittal given "C" or "D" will not be 17 18 distributed (unless previously agreed to otherwise at the 18 19 Preconstruction Conference). One copy or the one transparency of 19 20 the "C" or "D" drawings will be marked up and returned to the 20 21 Contractor. Correct and resubmit items so marked. 21 22 b. Items marked "A" or "B" will be fully distributed. 22 23 c. If a portion of the items or system proposed are acceptable, 23 24 however, the major part of the individual drawings or documents 24 25 are incomplete or require revision, the entire submittal may be 25 26 given "C" or "D" Action. This is at the sole discretion of the 26 27 Engineer. In this case, some drawings may contain relatively few 27 28 or no comments or the statement, "Resubmit to maintain a complete 28 29 package." Distribution to the Owner and field will not be made 29 30 (unless previously agreed to otherwise). 30 31 5. Failure to include any specific information specified under the 31 32 submittal paragraphs of the specifications will result in the 32 33 transmittal being returned to the Contractor with "C" or "D" Action. 33 34 6. In addition to calculations stamped and returned "E. Engineer's 34 35 Review Not Required," other transmittals such as submittals which the 35 36 Engineer considers as "Not Required," submittal information which is 36 37 supplemental to but not essential to prior submitted information, or 37 38 items of information in a transmittal which have been reviewed and 38 39 received "A" or "B" Action in a prior transmittal, will be returned 39 40 with Action "E. Engineer's Review Not Required." 40 41 7. Samples may be retained for comparison purposes. Remove samples when 41 42 directed. Include in bid all costs of furnishing and removing 42 43 samples. 43 44 8. Approved samples submitted or constructed, constitute criteria for 44 45 judging completed work. Finished work or items not equal to samples 45 46 will be rejected. 46 47 47 48 B. Operation and Maintenance Manuals: Not Used. 48 49 49 50 50 51 END OF SECTION 51 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 I Project Name: 'Project Owner. 'Contractor: Address: Attn.: Date Transmitted: I Copies I Desorption Remarks: `The Action Designated Above is in Accordance with the Following Legend: A B- C- Comments: Distribution: Contractor Li File U ve, 1.a June 1990 Fumish as Submitted Fumish as Noted 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. 6X11101L 1'1 Attn.: Shop Drawing Transmittal No. Date Received: 'Checked By: I HDR Engineering, Inc. I Log Page: Address: I HDR No.: 'Spec. Section: Previous Transmittal Date: I Manufacturer 1st. Sub. U ReSub. Dwg. or Data Adlon Taken' No. 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 Owner U Other U DIVISION 13 SPECIAL CONSTRUCTION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 SECTION 13100 01 02 02 03 BELT PRESS INSTALLATION 03 04 04 05 PART 1 - GENERAL 05 06 06 07 1.01 SUMMARY 07 08 08 09 A. Section Includes: 09 10 1. Description of work included in project and materials to be included 10 11 in project. 11 12 12 13 B. Related Section includes: 13 14 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of 14 15 the Contract. 15 16 16 17 1 02 QUALITY ASSURANCE 17 18 18 19 A. Referenced Standards. 19 20 1. Ductile Iron Pipe and Fittings. PO 21 a. American National Standards Institute (ANSI): 21 22 1) B16.1, Cast -Iron Pipe Flanges and Flanged Fittings, Class 25, 22 23 125, 250, and 800. 23 24 b. American Water Works Association (AWWA): 24 25 1) C104, Cement - Mortar Lining for Ductile -Iron Pipe and Fittings 25 26 for Water. P6 27 2) C110, Ductile Iron and Gray Iron Fittings, 3 IN through 48 IN 27 28 for Water and Other Liquids. 28 29 3) C115, Flanged Ductile Iron Pipe with Threaded Flanges. 29 30 4) C150, Thickness Design of Ductile Iron Pipe. 30 31 5) C151, Ductile Iron Pipe, Centrifugally Cast -In -Metal Molds or 31 32 Sand -Lined Molds, for Water or Other Liquids. 32 33 6) C153, Ductile -Iron Compact Fittings, 3 IN through 16 IN for 33 34 Water and Other Liquids. 34 35 2. PVC Pipe. 35 36 a. D1784, Standard Specification for Rigid Poly (Vinyl Chloride) 36 37 (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) 37 38 Compounds. 38 40 b. D85, Poly (Vinyl Chloride) PVC Plastic Pipe (Schedules 40, 80 39 and 40 41 c. D2464, Threaded (PVC) Plastic Pipe Fittings, Schedule 80. 41 42 d. D2467, Socket Type (PVC) Plastic Pipe Fittings, Schedule 80. 42 43 43 44 1.03 WORK DESCRIPTION 44 45 45 46 A. Work included in the project includes those items that are listed below 46 47 plus all related work that is required in order to have a complete and 47 48 functioning belt press system. 48 49 1. Install belt press that has been purchased by the City of Round Rock. 49 50 Belt press has been purchased from Ashbrook Corporation. 50 51 2. Install sludge piping to belt press and valves on such piping. 51 52 3. Install water supply piping to belt press and valves on such piping. 52 53 4. Furnish and install a maintenance platform for the belt press. 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 13100 -1 13100 -2 01 5. Furnish and install a drip pan at the end of an existing concrete pad 01 1 02 on which the press is to be located. 02 03 6. Install electrical service to the belt press. 03 , 04 7. All work subsidiary to the above items. 04 05 05 06 1.04 SUBMITTALS 06 ' 07 07 08 A. Shop Drawings: 08 09 1. See Section 01340. 09 10 10 , 11 1.05 JOB CONDITIONS: 11 12 12 13 A. Belt Press Location. 13 ' 14 1. Contractor shall confirm dimension of pad walls on which belt press 14 15 is to be installed as required to establish work associated with 15 16 installation. 16 17 17 , 18 B. Belt Press Purchased By City. 18 19 1. Selected information regarding the belt press is included in the 19 20 Appendix. Information regarding the belt press was taken from 20 ' 21 submittal information for the belt press. Complete submittal 21 22 information for the belt press is available for review in the office 22 23 of the ENGINEER. 23 24 24 25 C. Building and Electrical. P5 26 1. Contractor is responsible for verifying all dimensions of the 26 27 existing building and location and characteristics of electrical 27 ' 28 equipment as is required for installation of the belt press. 28 29 29 30 PART 2 - PRODUCTS 30 ' 31 31 32 2.01 MATERIALS 32 33 33 ' 34 A. Sludge Piping. 34 35 1. Ductile Iron. 35 36 a. Design internal pressure - 100 psi. 36 37 b. Design for pipe to be self- supporting with supports at 10 FT 37 38 intervals. 38 39 c. Joints to be flanged. 39 40 40 ' 41 B. Water Piping. 41 42 1. PVC. 42 43 a. Schedule 80. 43 44 b. Flanged or solvent weld fittings. 44 , 45 45 46 C. Plug Valves. 46 47 1. Acceptable Manufacturer: 47 II a. DeZurik Series 100. 48 49 b. Milliken Series 600. 49 50 c. ValMatic. 50 ' 51 d. Victualic Series 365. 51 52 2. Materials: 52 53 a. Body: Cast -iron ASTM Al26, Class B. 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 13100 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 b. Plug: Ductile iron, ASTM A 536 65 -45 -12 or cast iron, ASTM 126 01 02 Class B. 02 03 c. Plug facing: Grease and /or petroleum- resistant Neoprene or Buna -N 03 04 compound. 04 05 d. Shaft bearing bushings: Permanently lubricated stainless steel 05 06 or bronze. 06 07 e. Valve seats: Welded -in overlay of 90 percent nickel (minimum 1/8 07 08 IN thick). 08 09 f. Stem seal: Nitrile butadiene packing or Buna -N dual U -cups or 09 10 double 0- rings. 10 11 g. Ends: Flanged. 11 12 12 13 D. Plastic Ball Valves. 13 14 1. Acceptable Manufacturers: 14 15 a. Chemtrol. 15 16 b. ASAHI /America. 16 17 c. Or approved equal. 17 18 2. Materials: 18 19 a. Body, stem, ball, handle, end connectors: 19 20 1) CPVC ASTM D1784- 23477 -B. 20 21 b. Seat: Teflon. P1 22 c. 0- rings: Viton. 22 23 3. Design Requirements: 23 24 a. Rated at 150 psi at 75 DegF. 24 25 b. Double or true union design. 25 26 c. Blocks both directions, upstream and downstream. 26 27 d. External adjustment for seat wear. 27 28 e. Body with mounting pad for actuators where required. 28 29 29 30 E. Maintenance Platform. 30 31 1. 36 IN wide specifically designed for installation on press purchased 31 32 by City, Ashbrook Corporation 018300 maintenance platform kit or 32 33 equal. 33 34 2. Complete with stairs, 2 rail handrail system and kickplate. 34 35 3. Serrated grating to be provided on platform and stair treads. 35 36 Grating to support uniform live load of 100 psf with maximum 36 37 deflection of 1/4 IN. 37 38 4. Hot -Dip Galvanized materials. 38 39 39 40 F. Drip Pan. 40 41 1. Construct of fiberglass or aluminum. 41 42 2. Construct to dimensions shown on drawings, unless such dimensions 42 43 must be changed to fit maintenance platform or belt press purchased 43 44 by City. 44 45 3. Design to support pan with 1 IN of water in pan. 45 46 46 47 PART 3 - EXECUTION 47 48 48 49 3.01 INSTALLATION 49 50 50 51 A. Belt Press. 51 52 1. Install in accordance with instruction of belt press manufacturer. 52 53 2. Install on existing walls in existing building. 53 INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 13100 -4 1 01 01 ' 02 B. Sludge Piping. 02 03 1. Install tee in sludge line to existing belt press, plug valve on line 03 ' 04 to existing belt press, and valve and piping to belt press being 04 05 installed in this project. 05 06 2. Provide flanged .coupling adapter, with anchors, at belt press. 06 07 3. Provide supports from roof support member for sludge pipe at 07 ' 08 intervals not exceeding 10 FT. 08 09 4. Schedule work such that existing belt press is not out of service for 09 10 more than eight hours. 10 ' 11 11 12 C. Water Pipe. 12 13 1. Connect to existing water supply line. 13 14 2. Install piping and valve to belt press being installed in this 14 , 15 project. 15 16 3. Support pipe as required to provide a sound system. 16 17 4. Schedule work such that water supply to the existing belt press is 17 II out of service during the same time period as sludge line to the 18 19 existing belt press is out of service. 19 20 PO ' 21 D. Electrical work. 21 22 1. Comply with applicable codes. 22 23 2. Schedule such that service to the building in which the belt press is 23 24 being installed and equipment therein is not disrupted for more than 24 I 25 two hours. 25 26 26 27 3.02 STARTUP 27 ' 28 28 29 A. Assist manufacturer of belt press as required during equipment startup. 29 30 30 ' 31 1 31 32 32 33 33 34 END OF SECTION 34 ' INSTALLATION OF BELT PRESS - CITY OF ROUND ROCK 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DRAWINGS SLUDGE PUMPS EXISTING 8 H R fLA Enulneert, He WASH WATER PUMP ea - In • INSTALL 866 TEE & 6 PLUG VALVES CONNECT 2 WATER 10 DISCHARGE 0 6FD LINE OF WASH WATER PUMP EXISTNG INSTALL POLYMER WALKWAY MIXER FURNISHED WITH BELT PRESS GOO OrFD 6FD CONVEYOR BELT DELT PRESS INSTALLAllON PLAN OVERHEAD DOOR 2" WATER r DIP SL 1 1 NOTE: ROUTE WATER & SLUDGE LINE TO PROVIDE NOT LESS THAN 7'—cr CLEARANCE OVER FLOOR II \ L- I! \ / CONTRACTOR TO VERIFY \ '7 ii DIMENSIONS OF C(1511NG :f PRESS PAD (APPROXIMATE II DIMENSIONS ARE, 84 x182 \ il INSIDE TO INSIDE AND \ I \ I OUTSIDE) 113%186 OUTSIDE TO "-"----. / PLATFORM E• 1 _J -," PER MANUFACTURER PLATFORM CONTROL PANEL 11 11 FURNISH & INSTALL DRIP PAN. SEE DETAILS mos SHEET INSTALL BELT PRESS (NOT SHOWN) MAIN CONTROL PANEL HYDRAULIC POWER UNIT SUPPORT LEGS. TYP EXISTING WALLS OF PRESS PAD ce OR AS REQUIRED TO CLEAR STAIRS DRIP PAN DETAIL SLOPE 2" UNLESS LESS SLOPE IS REQUIRED TO CLEAR PRESS EXISTING PRESS PAD WALL SECTION c 12" ANGLE AROUND EDGE OF DRIP PAN FIBERGLASS OR ALUMINUM DRIP PAN & SUPPORTS i °JIM ZASER LNINGSTON EAST WASTEWATER TREATMENT PLANT CITY OF ROUND ROCK, TEXAS BELT PRESS INSTALLATION PLAN & DETAILS APRIL 1995 AS NOTED 06865-005-036 1 of 2 lp 2" WATER 0 i EzR HDR Engineering, Inc. r te — !Description No. coo o eFD B-A, LOCAL CONTROL PANEL (LCP) / BELT DRIVE OFFICE fI ft 012' 0 BELT 3/3 1' PRESS JNSTALLATION ELECTRICAL PLAN SC ALE — < 1 MAIN CONTROL PANEL (MCP) OFF1CF � I - - I 1 - 1I � r— Date lDrwn. Chkd. F.Engr. Mgr. Electrical Project Manager JIM GLASER Architect Civil vvre r�EOFT" IJnC /Proces Mechanical !Structural O INSTALL A 3P -30A CIRCUIT BREAKER IN EXISTING 277/780 V., 30, 4W PANEL. MATCH EXISTING BREAKERS. EXISTING PANEL IS SQUARE D TYPE NEHB. ® 3 #10(P), 1 #10(0). 3/4 "C. ROUTE ON WALL, UP WALL ACROSS CEILING, DOWN WALL TO PANEL. ® 1" C., CONTROL WIRING AS REQUIRED. INSTALL 25% SPARE IN ADDITION TO WIRING REQUIRED BY CONTROL SCHEMATICS. REFER TO MANUFACTURER'S DRAWINGS. ® 4 PR. #16 TWISTED /SHIELDED, 1 "C FOR SLUDGE PUMP SPEED CONTROL. CONNECT TO EXISTING SLUDGE PUMP STARTERS. FROM POTENTIOMETERS IN LOCAL PANEL. ® 3 #12(P), 1 #12(G), 3/4"C. TO BELT DRIVE VFD IN MAIN CONTROL PANEL ® 3# 1 # 1 2(G), 3/4"C. TO HYDRAULIC PUMP STARTER IN MAIN CONTROL PANEL ® JUNCTION BOX ON BELT PRESS. ALL WIRING ON BELT PRESS WILL BE BROUGHT TO JUNCTION BOX BY MANUFACTURER. EXTEND WIRING TO MAIN CONTROL PANEL AND LOCAL PANEL. PROVIDE 1° CONDUIT'S WITH WIRING AS REQUIRE() BY MANUFACTURER'S SCHEMATICS PLUS 25% SPARES TO EACH PANEL. ® 2 PR. #16 TWISTED /SHIELDED TO POLYMER PUMP STARTERS. FROM POTENTIOMETER IN LOCAL PANEL. ® 8 #14(C), 2/4 "C. FROM EXISTING SLUDGE PUMP STARTERS TO STATUS LIGHTS IN MAIN CONTROL PANEL. Q 4 #14(C 3/4 "C. FROM EXISTING POLYMER PUMP STARTER TO STATUS LIGHTS IN MAIN CONTROL PANEL O. INSTALL RELAYS IN EXISTING SLUDGE PUMP STARTER CIRCUITS TO MIMIC STARTER CONTACTS. FOR STATUS LIGHTS IN MAIN CONTROL PANEL. ® INSTALL RELAY IN EXISTING POLYMER PUMP START CIRCUIT TO MIMIC STARTER CONTACTS. FOR STATUS LIGHTS IN MAIN CONTROL PANEL. 1. ALL WIRING SHALL BE STRANDED COPPER, 600V. TYPE XHHW 2 INSULATION. TAG ALL WIRES AT BOTH ENDS OF TERMINATION WITH BRADY, OR EQUAL, WIRE MARKERS. 2. CONDUIT SHALL BE RIGID ALUMINUM OR SCHEDULE 40 AND 80 PVC. USE SCHEDULE 80 PVC BELOW 8' -0" AND ELSEWHERE WHERE SUBJECT TO DAMAGE. SCHEDULE 40 PVC MAY BE USED ABOVE 8' —O" WHERE NOT SUBJECT TO PHYSICAL DAMAGE. 3. ALL FITTINGS SHALL BE COMPATIBLE WITH CONDUIT USED. FITTINGS SHALL HAVE BOSSED, THREADED CONDUIT ENTRIES. 4. ROUTE CONDUIT ON WALLS, CEILINGS AND PIPE SUPPORTS. DO NOT INSTALL WHERE IT WILL CONSTITUTE A TRIP HAZARD OR OBSTRUCTION. SUPPORT CONDUIT WITH ROB GLAS, OR EQUAL, GLASS FIBER SUPPORTS. EAST WASTEWATER TREATMENT PLANT CITY OF ROUND ROCK, TEXAS KEYNOTES TO PLAN GENERAL NOTES BELT PRESS INSTALLATION ELECTRICAL PIA N Scale AS NOTED Job No. 06865- 005 -036 Drawing No. 2of2 Issue 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX SELECTED BELT PRESS INFORMATION NUMBER OF CHICANES A n 1,1 5 1 1 Kite 5 Aws D 4 wlcru a AOIS v a w1 TiAEa 45 46.75 37.25 1.5 METER s laws g.::::.... a 'Xs OPu 55 70.13 55.82 2 METER ws 1s 4 Tr". 3 A mR 1s + w1C es 93.50 74.50 1 utaESS o1HERN1E wit, SHARP EDCE5 0 t /32' 0E004..1OT - 3 .03 A_ re .t, xnx - s .035 rs : I/ z 4. � 33./ ES. SUR. E 1 NCMES. TMs ORAMING HAS NOT BEEN Pt)BUT9IED AND 6 RE SOLE PROPERTY CF 0548)000 CORPORATION. AHD S LENT 10 IRE 808+0250 FOR 76 USE ONLY. Ri CoNAOwTwN a 94 LOAM OF 1105 ORARONO.THE BORROWER PROMISES ANO AGREES TO RETURN R UPON REQUEST AND AGREES 1380 D A4D61ook Corporation t16o0 Earl Nardi 31 10300 To.os 77093 Phone: 713 449 -0322 Fox 713 449 -1324 7 mu / DM 17Rn® / DRE Amp / a1F KLAMPRESS• 8/90 (LEFT DRIVE) 1 METER, 1.5 METER & 2 METER GENERAL ARRANGEMENT D'T. 9/25/34 I � ROOK - wee. /DoT o4:0® / wE / yt„LL NOT RE REPRODUCED. COPED. LENT oR onmw6E O®OSEO 0 SPUD 130210 SEPARATION _ '� - 19.3. 10/10/94 ,,Ta� / � 1/ IV 01s1aNER: 1 SCALE: NONE 1 BK00004 2 D4EC4.r OR NpREGTLr, r1oR USED VCR ANY PURPOSE OTHER In. THAT FOR MGM R 36 SPELfIfI11Y FURNISHED. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 48 3/4 CORER Er 25.803 GRAVITY 7 33 116' suAPER 0.ADE MOOR 10.T 3/4' DIA 97YP7 BELT ALID4FNT LIMIT 551771 (TYPICAL OF 80 I3PER DELT 1091501( UPPER BELT .� -t'• STEERING I�R L WPM D0.T ,nom - - - -, � �5�. �_., ■ 132 1/2' DRAIN PIPE, 3'57140 0836248109 00WCTIDI 1 1/2' AIPCIT 25 3/4' I TOP PI AN 244 3/4 ELEVAT IIIN J •A' - 1500 RA11GE DRAINPIPE. 4'90(40 OrTION PLATE �lPPE4 AURRT RESI�IMER 33140 BELT TDS1251118 8AR LOAM ADMIT 4ETRG1K4 LINER BELT 1051811145 BAR 70611MING YOKE (TYP7 0ENSI1D3114 LRAM TRAY TABULATED DIMENSIONS 39 59 1/4' KP 1£TER 1.5 METER 2 METER 4. 4. '8' 05 5/0' 75 7/0• 94 7/B' _ 61 7/8' 02 1/B• 101 1/0' 'D' 63 5/0' 83 7/0' 112 7/0' 7Y 47 1/4' 67 l/2' 86 5/0' 31 13/16' 41 15/16' 51 7U/16' 56 3/8' 56 3/8' 543/8' 98 13/16' 90 13/16' 99 13/16' WNW 16.600 20.600 24.380 9C• LPL V 1.1 mix raw unite LUGS 2.) ELECTRICAL TERM 1E0 AT RE RE JD4111,1 AND 3.7 PRESS DEVICES ARE P25.01 ED (e7 - PERCENT 6 151037 OITTRIDUT1w VIEV 'A - A' 54 9/16• INNI • — — — — — —: M EM N • MN Mt II•1 EM RECOMMENDED REVISIONS aw .c. SIZE - 6 4X6 13 7/8" 19 1/16" 19 1/16" D011111PTf0x .00m ae Ibis. .0) , W/0 Pl,a1 VALVE STOP HANDLE are >z• m MIXER BODY �nl CLEAR FLEXIBLE TUBING -� INJECTION RING )) O ww �_IIla 6h81nm1m are m n 11 10 9 8 7 6 5 4 3 2 ITEM ADJUSTABLE COUNTERWEIGHT 007952 006763 006542 006905 006960 007046 007048 007039 006961 009510 016642 4X6 PART. 007952 006763 006542 006905 006960 007046 007048 007039 006961 009509 006907 4" PART. 11011@ MI5mh411.9 .0.5 x0i OM 10.190 MD 1 ne50.E °AOPE"^ P A$Rm6OOa oORroRAnoN a mo m ile e441E.n ruYxupt.0mm.E o: 0.7r ri P n alt I no . P aHS heno303.0101M on o,NV1z w 0/”ER l l in w 0111 VECEai ecru. .�.119ee. 10•00a E 011 00.15E WM. ▪ Ax 0100 • • 1•0 6 Bees • ilD ".1 t • . .01.15 5 .. 11 1 3. ▪ •XK 1, 4 .03. A L 916.10E 135./ x.[, a. • • . 1 , .4v • • .e15 ALL 0I0510 In 1.K1115. POLYMER FEED PIPING MANIFOLD BLOCK SLUDGE FEED PIPING 007952 006763 006453 006906 006960 009137 007004 007039 006961 009510 006908 6 PART* APPROVED. 01E wAx,. WOLF 1/90 SCALE. 3/16 SS HOSE CLAMP BARBED HOSE CONNECTOR, 3/4 " -14NPT GASKET COVER PLATE BARBED HOSE CONNECTOR, 1/2" VALVE STOP HANDLE COUNTERWEIGHT CLEAR FLEXIBLE TUBING POLYMER MANIFOLD BLOCK INJECTION RING MIXER BODY DESCRIPTION Px1 "e1011E ANOMOSCPOOS Asllhrook Coroorat ion 11600 East xe0E1 Mrnt9ry 0.n4 77093 Phone Ira 449 -0322 fag 713 445.1325 POLYMER MIXER 1;Y P140T SCALE "°'SK000377I • JAI 1195 1110 I'll HDR Engineering 2211 Sou :h I -35 Suite 30) Austin, Texas ?374_ Attention: Jim Glaser Reference: Round Rock, Texas Ashbrock MPS 4 15091 • • MO Subject: 'Remote' Panel Description & "Catwalk" Panel Deecription for ?uture Submittal Approvals 19r. Glaser, Aebbrook Corporation 118C0 East lis:d• Houston Texa177t 3 A.O.Box 1832 1 fouSMaa Texas £LCd fax (713)913 -:325 Talep (71717 #94 2 This letter is a confirmation of our .phone conversation on Monday, April 10, 1995 to detail the scope of re=uirements for the "Remote" control panel and the "Catwalk" control panel. The requirements for design was based on the specification section 11196 - 2.04.C, the ex' -sting control panel drawings and our phone conversations to clarify the spec. requirements. Based on the above, As: proposes the following: The REMOTE CONTROL PANEL will be a "wall mount' style NEMA 12 enclosure (approx. 4$" high x 36' wide x 16' deep), painted ANSI 61 gray and will accept a 480 VAC power source supplied by others. It will be equipped wick a hydraulic pump starter, belt drive JFC, 480 / 120 VAC control power transformer, GE type 92 -30 programmable logic controller (PLC), general purpose plug -in style relays and terminals for interface with the Catwalk Panel and the sludge pumps and polymer pump equipment. On the door of the REMOTE CONTROL PANEL will be alarm lights (amber), and RUNNING (red) and OFF (green! status Lights for the washwater valve, hydraulic pump, belt drive, eludne pump 1, sludge pump 2 and the polymer pump. A Control power OFF /ON selector and pilot light uri11 be supplied with an Emergency Stop, Alarm Silence, Reset and Lamp Test pushbuttons. A MODE SELECT HAND /OFF /AUTO selector and pilot lights with AUTO STAR' and AUTO STOP pushbuttons will be supplied for auto control from this loca =ion and 'manual" control from the "Catwalk' location. The CATNALR CONTROL PANEL w:11 be a 'wall mount' style NEMA 4x - 3C4 Stainless Steel enclosure : approx. 30" high x 24" wide x 8" deep; and will accept a 120 VAC power source from the "Remote" panel. In will be equipped with Emergency Stop & Alarm Silence puebbut=ons, HAND /OFF /AUTO selectors for "manual' control of the washwater valve, hydraulic pump, belt drive, sludge pump 1, sludge pump 2 and the polymer pump. Speed control of the belt drive, e_ud;e puny 1, sludge pump 2 and the polymer pump will be supplied, via potent'- cneters (4- 2CmADC) along with speed indicators from. 4- 20nADC signals. • MI • ME = • • • - • • OM = OM = MI MO A drawing is being supplied wick front elevations for reference and your approval (the final drawings will have :he panels cn seperate drawings). Some items to consider as you review this letter and drawing: 1. There will be only auto control at the "Remo=e" panel. 2. There will be only manual control at the "Catwalk' panel jvia the HAND position on the MODE SELECT selector). 2. There is statjs indication, at the 'Remote" panel only. 4. An Alarm Silence pushbutton has been added to the "Catwelk' panel for convenience. h'f Rick Walser Contrcls Engineering cc: Erik Nielson, Ashbrook Sob Laird Ashbrook 5, Confirm the speed signals, via 4- 2CnADC, are correct for the sludge pumps and polymer pump. E. The orcposal of design. for the panels are within the proposed scope of supply as quoted. Drawings were not available ac time of quote. If scope of supply changes due to information on the drawings, Ashbrook may require an addendum to the purchase order. :f there are any questions to discuss during the review of this _nfcrnation, please do not hesitate to call me. T ask that a copy of t :1is letter /drawing be returned 'approved or with coirmen:s" to allow :r.e tc continue with the electrical control panel submittal package. Sincerely, MN ME MU ME ME AM ME ME ME ME 3' 3. 1 1 101 n oa Lt Ea L\IL IS"L Lti 1 In 1 Y 1 '.t- 4 L�4 1 7' 16 i 3 ' ' EXE 111 10 1 I E[13.41 E0t111a M 62E01111101 1101E9 1- ALL P0VE1• v3110 SMALL 11! STRANDED C9PCF. 60o VOLT MC 7100203503. 122 AVG LLLESS 070.025E KITED 1111 TRAVIN & FR{1RT ELEVRTIIN IB' 1 35' 11 15'. 1021 II E C.. 0IJ 2.1 Pater 1112 61 GRAY 2. ALL CENTROL V1171G :KU. 2E =RAKED (KKR MC YCLT TIPS TN1fvr11VI6 114 AVG LILESS 02003SC NOTED 1H 1011141103. 1 All MSTRLKYT 0R:NG 11522.1 1E ±22A11DED EWER. 11t A11 01"N 10321µL 1+01_0 TRAIN 510E AND 00(202.1 .WO0ET CA1LE SHILL IRE WO ER T1REE LTJOIICEOR PS SSOVN 02 0010.110. 3. PLC 010114 SAIL K S11141011 CEPPER 631 0a1 1 MC+/T1NI 1114 AVG L1lCSS 31110:I5.1 NOfZO U 17AVPG1 S 21111CT202 SMALL ME MOVED It [700 1ER21M71CN 1 3240 V :1R rvS4002 PONIED A11ES :0E 1.101 NA0(001, 010E W10E01 0111.2. NAVE 4 EL6A0 OVOILA1 MIEN :00211 1.E IP13 OJ2IER 121121 010320. 2. 1TE11101. C R:MRS SHILL 11 WRIT' 1110 NACH:22 ROMEO, 20IP+ER PID1F 1 01C3101 1011613. 7, 20131 MO 1131fE0 11121102.3 40311 HE 112 EC0 10.TE. 1 1 A141 MGR t6RS :2Y 2035160 SCREW TTEE 9_0201. 0. 1011111. 3ERNDVAS SHILL IE 0I101 310 VOL'S 1 11 AVG 131N 1111112 1111101 SCSSJ RPC MECIIMY. 01_011 S. PL. 'ER41/LS MALL 21 1•PR(23 0(111 1:¢1011 :06 1101(14710 CM 3101'5113, 113. 342E1101 RICCWRS 004.1 DE P-03111 V10 112164 01 241 C1VEOS. 13. 12.11 1111036 314010. 1E BUNKED INC 0011123113 0110 1112.01 VIRE f ®k® 0115!12 IMW ° ®ii mE■■I� IEMEN IIMECEZEIMEZIMMI M■■■IMI=ME MEM 11E212=11 IMEEZZE Ell ■N■I CIZEN IMMIN MEW ®E■■I EIMIMEMIEME ■N ■I ® EN■I ® EE■I ■..l m ■ ■■I E ■ ■ ■ ■ ■■I NN ■ EN■I =MN I =Y■I IIMEEME =I■■■ IEM ■I ®E■ ■I ELM IEVIEMMIMIZEOM UZII•■I � 1■I�m = IUUI ' ISM ■ ■■I 2 ® ■■■IEEIZE2E_3i 1213N■ ■I i= ® NN ■I 0113=IMIE=CENIMIIMIE - 401113 1 LOGE COI 111191. POWER C0111101. POWER MEMO URE Cut :HO. PORCL L P15 L PIS 1.1 LP10 019 1.P20 LPL L1110 L PE3 iLP2 100 1 am D■ man MEM Miio ®EM MIME mEM MEM ®E■■ =E■■ OMENS ®N1111 1411 ;/0 200 IEVISIOAS 04 Ir 0421 CNA xia Moral salirr Imo , � alilel1( EORFIRag21 - Blue - ri [VAT Ill P4 SIANILESS EMI EIC1.051.RE 10 E,x D• BECOME LINE CWIRCL PMEL ENO ETr AUTO WAD EIFF MIIu 1PEE SPEED CIAO L RAND CDT MEDD • SPEED SPEED CIIYERQ HARD EFT AMU SPA D SPUD CSNICb, MHO EST TYRO SPEED SPEED MOREL MUD PM ■R0 N�reLAtt LI1T 1 IRST LIFE 0.9M3RDOE L coo CAI VALE - DFP ASNYA VALVE NYIPALLIC F1I• IELT DRIVE OtLT DRIVE IELT DRIVE EMENCDFCY 1101 PLPRM SLENCE SLIXGC MAP I SLUDGE PLMP I SLWGC P1 I SLUDGE FLOP 2 E LDGC FLOP 2 SWORE FIDP 2 POLI•LR POP PDLII£R PIMP PILIIER PUMP A1SER a Y OZI 0414 A4Mook Coverdlefi 2.0, 10 TRSS IASHOROCK •••• 3 I S «M! -6.171 377 MO MN MN • • I • • MN OM • • • MI M I N BELT FILTER PRESS UCP 0/S0) CONTROL igh[LS FRM LAYGUTS YILECFNDS