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R-97-09-11-10I - 9/11/1997and ATTEST: WHEREAS, the City of Round Rock has duly advertised for bids the construction of a waterline bore underneath south IH -35 for pressure improvements in and around the Dell area, and WHEREAS, Borah, Inc. has submitted the lowest and best bid, WHEREAS, the City Council wishes to accept the bid of Borah, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Borah, Inc. for the construction of a waterline bore underneath south IH -35 for pressure improvements in and around the Dell area. RESOLVED this llth day of September, 1997. E LAND, City Secretary R:\ WPDOCS \RSSOLOTI \RS70911I.WPD /seg RESOLUTION NO. R- 97- 09- 11 -10I CHARLES CULPEPPER, Mayor City of Round Rock, Texas August 28, 1997 Mr. Steve Miller, P.E. City of Round Rock 2008 Enterprise Round Rock, TX 78664 Re: Water System Improvements Pressure Plane No. 4(DELL area) Dear Mr. Miller: On Tuesday, August 26, 1997, at 2:00 p.m., bids were received and opened for the construction of the Water System Improvements, Pressure Plane No. 4 (DELL area) project. Seven (7) bids were received as shown on the attached bid tabulation. The apparent low bidder at the time of opening was Borah, Inc. at the Total Bid Amount of $269,900.00. Based on the information submitted with their bid, it is our opinion that Borah, Inc. is qualified to complete the Work required for this Project. Therefore, we recommend that the City of Round Rock award the Water System Improvements, Pressure Plane No. 4 (DELL area), project to Borah, Inc. in the amount of Two Hundred Sixty Nine Thousand, Nine Hundred and NO /100 Dollars ($269,900.00). If you have any questions, please contact us. Sincerely, HDR Engineering, Inc. et James A. Yurczyk, P.E. Project Manager Attachment w: \072250291rec- awrd.doc HDR Engineering, Inc. 2211 South IH 35 Telephone Suite 300' 512 912 -5100 Forum Park Fax Austin, Texas 512 442-5069 78741 hD: Engineering Construction Services Item Borah, Inc. Austin Eng. Co., Inc. CC Carlton Const. Triple H Const. Inc. Keystone Const. Inc. Psencik Const., LTD. Jalco, Inc. Bid Schedule Item 1: 5208,00000 5191 5193,200,00 $215,455.00 5268,200.00 $276,000.00 5285,00000 Item 2: 547,800.00 570,600.00 571,950.00 $45,500.00 573,800.00 571,300.00 577,000.00 Item 3: 512,200.00 $14,500.00 519,600.00 517,500.00 $22,600.00 529,200.00 $20,000.00 Item 4: 51,900.00 $3,000.00 57,500 515,000.00 $1,200.00 $1,300.00 51,00000 Items 1 through 4 Total. 5269,900.00 5279,100.00 5292,250.00 5293,455.00 5365,800.00 5377,800.00 5383,000.00 Materials. 596,000.090 $81,10000 $160,00000 5117,382.00 $88,60000 5283,400.00 5120,000,00 All Other Charges: 5173,900.00 5198,100 00 $132,250 00 5176,073.00 5277,000 00 594,400 00 $258,000 00 Total 5269,900.00 $279,20000 ' 5292,250.00 5293,455.00 5365,80000 5377,800.00 5378,000.00 Comments OK Addition Error OK OK OK OK Addition Error Acknowledge Addendum No. 1 Yes Yes Yes Yes Yes Yes Yes 5% Bkl Bond `'es Yes Yes Yes Yes Ycs Yes Signed/Sealed Bid Yes Yes Yes Yes Yes Yes Yes Section 00302 Completed Yes Yes Yes Yes Yes Yes Yes Section 00303 Completed Yes Yes Yes Yes Yes Yes Yes Subcontractors Listed Boring Bryant & Frey Bryant 8 Frey Bryant 8 Frey Bryant 8 Frey Bryant 8 Frey Electrical Tew Electric Tew Electric T 8 T Electric Instrumentation Tew Electric T 8 T Electric Mechanical KCI Others US Filter US Filter US Filter BIDTAB.XLS Water System Improvements Pressure Plane No. 4 (DELL area) City of Round Rock, Department of Public Works August 26, 1997, 2:00 P.M. City Council Chambers Pagel Bidder 8127197 DATE: September 5, 1997 SUBJECT: City Council Meeting, September 11, 1997 ITEM: 101. Consider a resolution awarding a bid and authorizing the Mayor to execute a contract for the construction of a waterline bore underneath south IH 35 for pressure improvements in and around the Dell area. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: September 2, 1997 TO: Jim Nuse, P.E. Public Works Director FROM: Steve Miller, P.E. Facilities Engineer SUBJ: Water Storage Improvements, Pressure Plane No. 2 The bids for the waterline bore under I.H. 35 near Hester's Crossing is shown on the attached bid tabulation as compiled by HDR Engineering. The low bidder is Borah, Inc. and is the recommendation is to award the project to this company. Item No. Item and Description of Changes Contract Price Contract Time Decrease Increase Decrease Increase 1 Additional 16" TEE, 16" BFV & Valve Box, 20' -16" DIP, 16" PLUG, & Mega -Lugs at 81 S. Tank Site in preparation for future improvements (CPR #1) _ $6090.00 _ — 2 Additional time for boring subcontractor delays (letter dated April 1, 1998 from Borah, Inc.) _ — _ 70 Calendar Days Sub -Total Difference Net hDa It is agreed to modify the Contract referred to above as follows: 1 0269,900.00 Net Increase (decrease) of this Change Order 1 06090.00 Revised Contract Price with all approved Change Orders 1 $275,990.00 /-97 Change Order No. 1 Project Name: Water System Improvements, Pressure Plane No. 4 (Dell Area) Project Owner. (Name, Address) City of Round Rock, Texas Project Contractor: (Name, Address) Borah. Inc. P.O. Box 2138 Round Rock. TX. 78680 Contract Penod. 180 Day to Final Completion HDR Project No.: 07225- 029 -036 Owner's Project No.: Date of Issuance: April 22, 1998 Date of Contract: October 23, 1997 (Notice to Proceed) Summary: It is agreed to modify the Contract referred to above as follows: Contract Price prior to this Change Order Contract Time prior to this Change Order 1 180 Days Net Increase of this Change Order 1 70 Calendar Days Revised Contract Time with all approved Change Orders 1 250 Days The changes included in this Change Order are to be accomplished in accordance with the terms, stipulations and conditions of Ole i rigina act as thou� therein. Acc lcd for C ontractor by: c.o.( f 14e/9 t— Si • P. Date c Jr, ,,2.Ac 1 '. / - 21 - 38 1 Recom e , e• or Appr• RE gin Inc.) Date Approved (T Owner . Attest Date Approved: (Other - when required) Dlstnbution. 'Owner 1 'Contractor 1 01lice Data 'Reid 1 'Omer FORM 111- 5020.2 (Version 10Oct 90) . Task 5020 111. 5020.2 Copyright 1991 HDR Engineering, Inc r CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF WATER SYSTEM IMPROVEMENTS PRESSURE PLANE NO. 4 (DELL AREA) CITY OF ROUND ROCK, TEXAS July 1997 GITy of ROUAID ROCK OR‘c,►I.IAL 41- / SET NUMBER / - - oq- ii- )o 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF 1 1 1 WATER SYSTEM IMPROVEMENTS PRESSURE PLANE No. 4 (DELL AREA) CITY OF ROUND ROCK, TEXAS 1 ,9, r�,oF r, * •. * t *: i */i JAMES A. YURCZYK, JR. fr 82244 cr. 1 ac . .4 4.. ��OHALEN — JULY 1997 I-D:1 HDR ENGINEERING, INC. 2211 South IH -35, Suite 300 Austin, Texas 78741 I 1 1 1 1 1 1 1 1 1 1 1 1 1 Table of Contents DIVISION 0 — BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 Invitation to Bid 00100 Instructions to Bidders 00301 Bid Form Bid Bond 00302 Vendor Compliance to State Law 00303 Bidder's Questionnaire 00500 Agreement Construction Performance Bond Construction Payment Bond Certificate of Insurance 00700 General Conditions 00805A Supplementary Conditions 00830 Prevailing Wage Rates ToC —1 DIVISION 1 — GENERAL REQUIREMENTS 01060 Special Conditions Attachment: Texas Department of Transportation Form 1082 01340 Shop Drawings, Product Data and Samples; Operation & Maintenance Manuals; and Miscellaneous Submittals Exhibit A: Shop Drawing Transmittal Exhibit B: O &M Manual Transmittal Exhibit Cl: Equipment Record Exhibit C2: Equipment Record 01560 Environmental Protection and Special Controls 01600 Product Delivery, Storage, and Handling 01650 System Startup DIVISION 2 — SITE WORK 02221 Trenching, Backfilling, and Compacting for Utilities 02224 Pipeline Undercrossings Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) ToC — 2 02515 Precast Concrete Manhole Structures 02660 Water Main Construction 02930 Seeding and Sodding DIVISION 8 - DOORS AND WINDOWS 08305 Access Hatches DIVISION 9 - FINISHES 09905 Painting and Protective Coatings DIVISION 15 — MECHANICAL 15060 Pipe and Pipe Fittings: Basic Requirements 15061 Pipe: Steel 15062 Pipe: Ductile 15100 Valves: Basic Requirements 15101 Gate Valves 15103 Butterfly Valves 15114 Miscellaneous Valves July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 r 1 1 1 1 1 1 i T 1 1 1 1 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RECEIPT OF BIDS Sealed bids for the construction of Water System Improvements Pressure Plane No. 4 (DELL area) will be received for the City of Round Rock, represented by Department of Public Works, by the City Secretary. Bids will be received at 221 E. Main St., Round Rock, TX 78664 -5299, on August 26, 1997, until 2:00 p.m. and shortly thereafter the bids will be opened publicly and read aloud in City Council Chambers. GENERAL DESCRIPTION OF WORK Water system improvements including the installation of a 30 -inch diameter casing and 16 -inch carrier pipe across IH -35 and interconnecting piping, valves, and accessories located north of Louis Henna Blvd. near DELL Blvd., the installation of two (2) pressure reducing vaults, piping, valving, telemetry and accessories and the replacement of a 16 -inch altitude valve. DOCUMENT EXAMINATION AND PROCUREMENTS Bids shall be submitted on City of Round Rock bid form. Bid form, specifications and contract documents may be obtained from: HDR Engineering, Inc. 2211 S. IH -35, Suite 300 Austin, TX 78741 Telephone: (512) 912 -5100 The cost of Contract Documents is: Set of Contract Documents with full size drawings: $50. Set of Contract Documents with half size drawings: $50. No partial sets of Specifications or Drawings will be issued. Checks should be made payable to HDR Engineering, Inc., and will be non - refundable. CITY OF ROUND ROCK SECTION 00020 INVITATION TO BID END OF SECTION 00020 —1 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 j 1 1 1 1 1 1.1. SECTION 00100 INSTRUCTIONS TO BIDDERS 00100 —1 1. Defined Terms. Terms used in these Instructions to Bidders, which are defined in Section 00700 - General Conditions, have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. BIDDER - -one who submits a Bid directly to OWNER as distinct from a sub - bidder, who submits a bid to a BIDDER. 1.2. Issuing Office- -the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3. Successful BIDDER - -the lowest, responsible and responsive BIDDER to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents. 2.1. Complete sets of the Bidding Documents in the number and for the price stated in the Invitation to Bid may be obtained from the Issuing Office. 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3. Qualifications of BIDDERS. To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within 5 days after Bid opening, upon OWNER's request, detailed written evidence, such as financial data, previous experience, present commitments, and other such data as may be called for below (or elsewhere in the Contract Documents). Each Bid must contain evidence of BIDDER's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each BIDDER before submitting a Bid to: 4.1.1. Examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00100 -2 4.1.2. Visit the site to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data. 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid. 4.5. Before submitting Bid, each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and fumishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations. explorations, tests and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. OWNER's contact person for site access for examinations, investigations, or explorations is Steve Miller (512) 218 -5555. 4.8 The submission of a Bid will constitute an incontrovertible representation by BIDDER (i) that BIDDER has complied with every requirement of this Article 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 00100 — 3 and discrepancies in the Contract Documents and the written resolutions thereof by ENGINEER are acceptable to BIDDER, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost, and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 6. Interpretations and Addenda. 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: HDR Engineering, Inc. 2211 South IH -35, Suite 300 Austin, TX 78741 Attn: Jim Yurczyk Phone: 512- 912 -5118 Fax: 512- 912 -5166 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7. Bid Security. 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified or bank check or a Bid Bond on form attached, issued by a surety meeting the requirements of paragraph 5.1. of the General Conditions. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00100 — 4 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, furnished the required contract security and certificates of insurance and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 10 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that BIDDER will be forfeited. The Bid security of other BIDDERS whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the 7th day after the Effective Date of the Agreement or the 61st day (time period for award plus 1 day) after the Bid opening, whereupon Bid security furnished by such BIDDERS will be returned. Bid security with Bids which are not competitive will be returned within 7 days after the Bid opening. 8. Contract Times. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment is set forth in the Agreement or incorporated therein by reference to the attached Bid form. 9. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. Substitute and "Or- Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the drawings or specified in the Specifications that a "substitute" or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6.7.1., 6.7.2. and 6.7.3. of the General Conditions and may be supplemented in the General Requirements. 11. Subcontractors, Suppliers and Others. 11.1. List Subcontractors in Bid. BIDDER shall list on the Bid form in the place provided the name, address, and description of Work of each Subcontractor to whom BIDDER proposes to subcontract portions of the Work in excess of 10 percent of the total amount of Bid. 11.2. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 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 12. Bid Form. 00100 -5 12.1. The Bid form is included with the Bidding Documents; additional copies may be obtained from ENGINEER (or the Issuing Office). 12.2. All blanks on the Bid form must be completed by printing in black ink or by typewriter. 12.3. Bids by corporations must be executed in the corporate name by the president or a vice - president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 12.7. The address and telephone number for communications regarding the Bid must be shown. 12.8. Evidence of authority to conduct business as an out -of -state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State CONTRACTOR license number, if any must also be shown. 13. Submission of Bids. Bids shall be submitted on the prescribed Bid form, provided with contained in the Bidding Documents, at the time and place indicated in the Invitation to Bid, addressed to the Purchasing Department of the City of Round Rock, Texas, and shall be enclosed in an opaque sealed envelope, marked with the Project title and, the name and address of BIDDER, and accompanied by the Bid security and other required•documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation `BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. If, within 24 HRS after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00100 -6 be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. Opening of Bids. Bids will be opened and (unless obviously non - responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major altemates (if any) will be made available to BIDDERS after the opening of Bids. 16. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of Agreement and required Contract security and certificate of insurance by Successful Bidder. OWNER may, at Owner's sole discretion, release any Bid and return the Bid security prior to that date. 17. Award of Contract. 17.1. OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful BIDDER. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Any or all bids will be rejected if OWNER has reason to believe that collusion exists among the BIDDERS. 17.2. In evaluating Bids, OWNER will consider the qualifications of BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award. 17.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �1 1 1 1 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 1 00100 — 7 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 17.6. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within 60 days after the day of the Bid opening. No other act of OWNER or others will constitute acceptance of a Bid. 18. Contract Security. Paragraph 5.1. of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 19. Signing of Agreement. When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 10 days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement to OWNER with the required Bonds and certificates of insurance. Within 10 days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 5..1.1-1;15■1 I'1 SECTION 00301 BID FORM 00301 -1 PROJECT IDENTIFICATION: Water System Improvements Pressure Plane No. 4 (DELL area) CONTRACT IDENTIFICATION: 07225 022 - 036, July 1997 TI 1IS BID IS SUBMITTED TO: The City of Round Rock, Texas, herein after referred to as OWNER. Enter Into Agreement. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the ibrm included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Accepts. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing.with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 10 days after the date of O WNER's Notice of Award. 3. BIDDER's Representations. In submitting this Bid, BIDDER represents, as mbre fully set forth in the Agreement, that: a BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Number and Date) ADDENDA NO. DATE b. BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) , 00301 — 2 tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, test , studies and data with the Contract Documents. f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by ENGINEER as described in the Instructions to Bidders, because of insufficient time or otherwise, BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. g. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 4. Bid Prices. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Note: Unit and lump sum prices must be shown in words and figures for each bid item listed in the Proposal, and in the event of discrepancy, the words shall govern. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00301– 3 BID SCHEDULE 1. For all the work described in the Contract Documents for the installation of the IH -35 grossing, including 30 -inch diameter casing, 16 -inch potable water carrier pipe, connecting Aping, valving, air release valves, accessories, and disinfection, complete and ready for use : ncluding all labor, materials, overhead, profit, and insurance, in accordance with the C. ntract Documents, the Lump Sum of: /Do Dollars ($4 uPafi9s� U ) 2. For all work described in the Contract Documents for the installation of Pressure Reducing Vaults No. 1 and No. 2 located near the 81 South Stand Pipe and South East Elevated tank including piping, valving, vaults, telemetry, accessories and disinfection, complete and ready for use including all labor, materials, overhead, profit, and insurance, in accordance wi r the Contract Documents. The ump Sum of ^ nn A� - / ea Dollars (u words) ($ -,//j ug� . DO ) 3. For all the work described in the Contract Documents for the installation of the 16 -inch altitude valve replacement at the Southeast Pump Station including valve, accessories and disinfection, complete and ready for use including all labor, materials, overhead, profit, and ins anc in ac o dance with th Contra t Doc ents. The Lump S of: . � t ,� zc<3.4?–yd g-- /oo — Dollars (use words) o O • ) (use figures) 4. For all work for installing, maintaining, and removing Trench Safety System for work related to Bid Items 1 2, and The Lump Sum of: r o f . C ALL," ik' /AL ®/ �iY> — Dollars (use words ($ / 9DD.00 ) (use figures) TOT BID • OUNT for Bid Items 1 throu: 4: /u7 - / ` .l' /� . ' t1.. I _ ooDol (use words) pp ( , 9 o, ) (else figures) Statement of materials and other charges: Materials incorporated into the project $ Do D All other charges $/9i, 9D o Total $ X 49, 90e This total must agree with the TOTAL BID AMOUNT for Bid Items 1 through 4. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00301 — 4' 5. Completion. BIDDER agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.13. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. Address for Communications. Communications concerning this Bid shall be addressed to HDR Engineering, Inc. 2211 South IH -35, Suite 300 Austin, TX 78741 Attn: Jim Yurczyk 7. Defined Terms. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on — 446 • ; & July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) , 19f 08/25/97 MON 15:28 FAX 15129125168 RDR ENGINEERING 00301 -4A 5. Completion. BIDDER agrees 0 at the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.13. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. BIDDER accepts t provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. Address for Comrr unications. Communications c:lncerning this Bid shall be addressed to HDR Engine, ring, Intr. 2211 South I: 1 -35, Suite 300 Austin, TX 18741 Attn: Jim Art rczyk 7. Defined Terms. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions_ 8. Attached Documen Is. The following doct menu are attached to and made a condition of this Bid: a. Required Bid S tcurity in the form of �7 E, b. A tabulation of subcontactors, suppliers and other persons and organizations performing war lc values at 10% or more of the Total Bid and required to be identified in this Bid. Elect rical Instrumentation Mecha ticaI Other (Designate) - Other (Designate) c. Section 00302, '✓endor Compliance to State Law. d. Section 00303, :3idder's Questionnaire. SUBMITTED on L4t.1 -. 24- END OF ADDENDUM #1 August 261997 Water System Improvements Pressure Plane No. 4 (DELL area) , 19 rQJ 003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • If B DDER is: An ! ndividual By loing business as 3usiness Address: Phone No.: Phone No.: (Individual's Name) (General Partner) (SEAL) A Partnership: By (SEAL) (Firm Name) Business Address: 00301 — 5 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 , 1 1 1 00301 — 6 Corporation By Borah. Inc. Texas (State of Incorporation) By` �7)r✓ Phone No.: Vice President (Corporate Seal) Attest // / Ai2e Business Address: P.O. Box 2138 (Corporation Name) (Name of Person Authorized to Sign) (Title) ,2 ,41 (Secretary) Round Rock, TX 78680 512- 255 -7100 July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) (SEAL) (SEAL) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 11 11 Joint Venture By L °y (Name) (Address) (Name) (Address) Phone number and address for receipt of official communications: NOTE: Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner i ndicated above. END OF SECTION (SEAL) (SEAL) 00301 — 7 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BIDDER (Name and Address): BORAH, INC. OWNL:R (Name and Address): CITY OF ROUND ROCK X21 EAST MAIN STREET, BIM 'ER By: Atte t. P.O. BOX 2138 D ROCK, TEXAS 0 AUSTIN, '1'hXAS /8/4 ROUND ROCK, TEXAS 78664 -5299 BORAH,• INC. BIdd.:r's Name and Corporate Seal Signatur: and Title S Hatt' a and iVtle EJC' >C NO. 1910-28 -C (1990 Edition) BID BOND SURETY (Name and Address of Principal Place of Business): COMMERCIAL INDEMNITY INSURANCE COMPANY SOUTH I — , BID 08/26/97 Blfr DUE DATE' PPOJECT (Brief Description Including Location): WATER SYSTEM IMPROVEMENTS PRESSURE PLANE NO. 4 (DELL AREA) BOND BD33717 BOND NUMBER' DATE: (Not later than BId Due Date)• 08/25/9 7 Pr NALSUM.FIVE (5 %) PERCENT OF AMOUNT BID IN WI MESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side I ereof, do each cause this Bid Bond to be duly executed on its behalf by Its authorized officer, agent, or representative. (Seal) PENAL SUM FORM h r r ce' "' • COMMERCIAL INDEMNITY INSU ANCE,(F j)' Surety's Name and Corporate Seal - SURETY Signature By: / Title W.T. RAGSDALE r of Attomoy)ATTORNEY—IN—FACT Attest Signature and Title • RACHEL BERGERON, BOND CLERK Note (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind them- • selves, their heirs, executors, administrators, succes- sors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Document.. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder deliv- ers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bands required by the Bidding Documents and Contract Docu- ments, or 3.2. All bids arc rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Docu- ments (or any extension thereof agreed to in wnting by Bidder and. if applicable, consented . to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case laser than one year after Bid Due Date. 7. Any suit or action under this Bond shall be com- menced only in a court of competent jurisdiction lo- cated in the state in which the Project is located. EJCDC NO. 1910-28-C (1990 Edition) 8. Notice required hereunder shall be in wnting ,.nil sent to Bidder and Surety at their respective addrc.,o, shown on the fare of this Bond. Such notices mat he sent by personal delivery, commercial courier of by United States Registered or Certified Mail, return e- ceipt requested, postage pre - paid, and shall be deem,' to be effective upon receipt by the party concerned 9. Surety shall cause to he attached to this Bond current and effective Power of Attorney evidencin i nc authority of the officer, agent or representative Sohn executed this Rood on behalf of Surety to execute. ..•,d and deliver such Bond and hind the Surety thereby 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement 01 any applicable statute that has been omitted from hu. Bond shall be deemed to he included herein as if .et forth at length. If any provision of the Bond conlh.Es with any applicable provision of any applicable sun ri then the provision of said statue shall govern and to remainder of this Bond that is not in conflict therev shall continue in full force and effect. 11. The term "bid" as used herein includes a hid. o6cr or proposal as applicable. I omm.ercial Indemnity Insurance Company CO M M E RC 1 AL BD33717 'P.O. Box 67 INDEMNITY INSURANCE CO. POWER OF ATTORNEY 'Austin, Texas 78741 rt OW ALL MEN BY THESE PRESENTS: the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12 day of May, 1996, to wit: `Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney- In -Fact, such persons, firms, or corporations as may be selected from time to time. 'Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall ins valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid d binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity urance Company does hereby make, constitute and appoint: W.T. RAGSDALE Ltate of Texas its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: 'The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. d to bind Commercial Indemnity Insurance company thereby as fully and to the same extent as if such bond or undertaking was signed by e Insurance duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority e rein given, are hereby ratified and confirmed. 114 1 WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. 'State of Texas County of Travis 'On this 12i day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally know to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. 'Commission Expires 5 -20 -98 CERTIFICATE the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power MI, of Attorney and Certificate of Authority remains in full force and has not been revoked: ' Signed and Sealed a the said Company at Austin, Texas dated this✓ :- 25TH day of AUGUST 1997 1 1 Rudy Herzog, President / Shannon McBride, Notary Public f i �1 7 � Paul Cameron, Secretary �1\ too molusroe w mi. ua COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800- 234 -8046 You may also write to Commercial Indemnity Insurance Company : 1507 South IH -35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 -475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part of condition of the attached document. • • • • it r SECTION 00302 VENDOR COMPLIANCE TO STATE LAW 1 'te 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non - resident bidders. This law provides that, in order to be awarded a contract as lc w bidder, non - resident bidders (out of state contractors whose corporate officers or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident by the same ac nount that a Texas resident bidder would be required to underbid a non - resident bidder in order to obtain a comparable contract in the state in which the non - resident's principal place of bcsiness is located. The appropriate blanks in Section A must be filled out by all out -of -state or non- resident bidders in order for your bid to meet specifications. The failure of out -of -state or nc ∎n- resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the line in Section B. A. Non - resident bidder in business, are required to be law. (give state), our principal place of percent lower than resident bidders by state Non - resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: x 00302 —1 Borah, Inc. By Tom Kroll (Company Name) (please print) Ac'dress: p.o. Box 2138 Signature: Round Rock, TX 78680 Title: Vice President City State Zip TI 'IS FORM MUST BE RETURNED WITH YOUR PROPOSAL END OF SECTION (please print) Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1. Bidder: Borah, Inc. SECTION 00303 BIDDER'S QUESTIONAIRRE Th = following information is required for evaluation of the low Bidder's qualifications and experience. Complete this form and return it with the Proposal. 00303 —1 2. Years in business under present business name: 5 3. Attach a list of similar projects completed in the past five years. Provide the name of the Owner and Engineer for each project and include the name and telephone number of the contact person for each organization. 4. Attach a list of current projects. Provide the name of the Owner and Engineer for each project and include the name and telephone number of the contact person for each organization. Indicate the total value of each contract and the value of the work remaining. 5. Have you ever failed to complete any work awarded to you? No X Yes If yes, explain: 6 Are you presently involved in any litigation or lawsuits involving construction work of any type? No x Yes If yes, explain: 7. Identify the individuals you propose to serve in the following functions and list the project and contract value of the most recent project they served in the same capacity on: Project Manager: Mike Brosie PreviousProject: Anderson Mill West Wastewater Improvements Project Superintendent: John Spivey PreviousProject: Anderson Mill West Wastewater Improvements 8 Identify your principal bank: Bank one Contact Person: Lewis Aven Phone: 512- 467 -5777 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) ' 00303 — 2 ' 9. Identify your bonding company /agent: Commercial Indemnity Insurance Co. 4 1 Contact Person: David Ballew Phone: 512- 447 -7773 1 1 THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL j 1 END OF SECTION I 1 , a 1 1 I I 1 1 1 1 1 1 I I 1 I 1 1 1 1 1 July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT NAME Offsite Utilities @3406 (water, storm drain, wastewater) City of Buda (Utilities) City of Georgetown (Utilities) Pflugerville 9th Grade Center (utilities) Joint Fuel Facility (Utilities) North 81 Water Line City of Georgetown 1996 Water& WW Imp. BORAH, INC. - COMPLETED PROJECTS CONTRACT OWNER /ENGINEER COMPLETION AMOUNT PHONE NO. DATE $540,000 HF2M, Inc. Jeff Drinkard 512- 218 -8000 $250,345 City of Buda 121 N. Main Buda, TX 78610 Albertsons $162,000 Williams Ind., Inc. Jan., 1996 (Utilities) 11000 Brittmoore Houston, TX 77041 $399,159 City of Georgetown Sept., 1995 1101 N. College Georgetown, TX $867,109 M W Builders 1701 Gen.Bruce Dr. Temple, TX 76504 March, 1993 Jan., 1996 Jan., 1996 $220,000 Chasco Contracting March,1996 P.O. Box 1057 Round Rock, TX 78680 Tannehill $206,115 Chasco Contracting Nov.,1996 (Wastewater) P.O. Box 1057 Round Rock, TX 78680 Central Baptist Church $456,160 Central Baptist Ch. Nov., 1996 Parking & Drainage Imp. 301 N. Lake Creek Round Rock, TX 78681 $198,485 City of Georgetown Dec., 1996 1101 N. College Georgetown, TX 78 $174,709 Camp Dresser McKee May ,1997 8911 Cap. of TX Hwy. Austin, TX 78759 512 - 345 -6651 PROJECT NAME CONTRACT AMT. BORAH, INC. - CURRENT PROJECTS UIL Bldg.Site Util. $114,000 Chasco Contracting P.O. Box 1057 Round Rock, TX 512- 244 -0600 Berkman Elem.School $161,800 C.P.Snider Const. Round Rock, ISD P.O. Box 90818 Austin, TX 78709 512- 288 -6030 OWNER /ENGINEER COMPLETION City of Martindale $198,396 Hejl, Lee & Associates Sept, 1997 P.O. Box 365 512 - 357 -2639 Martindale, TX 78655 Sept,1997 Aug., 1998 (2 phases) Anderson Mill West $184,613 Wmson /Travis Cty. MUD Aug., 1997 Wastewater Imp. Gray Jansing & Assoc 8217 Shoal Crk. #200 Austin, TX 512 - 452 -0371 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the ao y day of O , ..QA.i in the year 1997 by and between The City of Round Rock, hereinafter called OWNER, and Borah, Inc., hereinafter called CONTRACTOR. 00500 — 1 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Article 2. ENGINEER The Project has been designed by HDR Engineering, Inc., 2211 South IH -35, Suite 300, Austin, TX 78741, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. The Work will be substantially completed within 150 days after the date when the Contract Times commence to run as provided in paragraph 2.3. of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13. of the General Conditions within 180 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER One Hundred dollars ($100) for each day that expires after the Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00500 — 2 time specified in paragraph 3.1. for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1. for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred dollars ($100) for each day that expires after the time specified in paragraph 3.1. for completion and readiness for final payment. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1. below: 4.1. For all Work, a Lump Sum of: Two Hundred Sixty Nine Thousand Nine Hundred and no /100 Dollars ($269,900.00). Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 20th day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.9. of the General Conditions. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7. of the General Conditions. 5.1.1.1. Ninety -five (95) percent of Work completed (with the balance being retainage). 5.1.1.2. Ninety -five (95) percent (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2. of the General Conditions). July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 00500 — 3 5.1.2. Upon Substantial Completion, retainage may be reduced to less than 5 percent, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7. of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5 percent per annum, simple interest. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8.) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph 4.2. of the Supplementary Conditions of the extent of the `technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2. of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00500 — 4 indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations. tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 7, inclusive). 8.2. Performance, Payment, and other Bonds, identified as exhibits consisting of pages. 8.3. Notice to Proceed. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) and 00500 — 5 8.4. General Conditions (pages 1 to 46, inclusive). 8.5. Supplementary Conditions (pages 1 to 6, inclusive). 8.6. Specifications bearing the title Water System Improvements Pressure Plane No. 4 (DELL area) and consisting of six divisions and 194 pages, as listed in table of contents thereof. 8.7. Drawings consisting of a cover sheet (G1) and sheets numbered G2, G3, G4, C1, C2, C3, C4, and El, inclusive with each sheet bearing the following general title: Water System Improvements Pressure Plane No. 4 (DELL area). Addenda number 1. CONTRACTOR's Bid (pages 00301 -1 to 00301 -7, inclusive) marked Exhibit A. Documentation submitted by CONTRACTOR prior to Notice of Award (pages 00302 -1, 00303 -1 to 00303 -2, Borah, Inc. - Completed Projects, (2 pages), Bid Bond, (4 pages). 8.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5. and 3.6. of the General Conditions. 8.8. 8.9. 8.10. The documents listed in paragraphs 8.2. et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5. and 3.6. of the General Conditions. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners. successors, assigns Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00500 — 6 and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5. Other Provisions. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on ( ( )-Q , a O V U._ , 19 017 (which is the Effective Date of the Agreement). OWNER f Round Rock �7 o By: Attest - �l [CORPORATE SEAL] Address for giving notices: 221 East Main Street Round Rock, TX 78664 -5299 AGENT FOR SERVICE OF PROCESS: July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) CONTRACTOR: Borah, Inc. By: 14ct t� /o 1 geon. — [CORPORATE SEAL] Address for giving notices: P.O. Box 2138 Round Rock, TX 78680 License No. END OF SECTION 00500 — 7 NOTE: IF CONTRACTOR IS A CORPORATION, ATTACH EVIDENCE OF AUTHORITY TO SIGN. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N/A 1 1 Construction Performance Bond BOND NO.BD33895 I 1 Any singular reference to Contractor, Surety, 0 .vner or other party shall be considered plural where applicable. ' CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): BORAH, INC. COMMERCIAL INDEMNITY INSURANCE COMPANY P.O. BOX 2138 1507 SOUTH IH -35, I ROUND ROCK, TEXAS 78680 AUSTIN, TEXAS 78741 ' 1 OWNER (Name and Address): CITY OF ROUND ROCK ' 1 221 EAST MAIN, ROUND ROCK, TEXAS 78664 -5299 , • ' 1 CONSTRUCTION CONTRACT ' I Date: Amount: $269 , 900 . 0 0 r TWO .HUNDRED SIXTY -NINE THOUSAND NINE HUNDRED DOLLARS & N( Description (Name and Location): 1 0 WATER SYSTEMS IMPROVEMENTS PRESSURE PLANE NO. 4 (DELL AREA) BOND Date (Not earlier than Construction Contract Date): Amount: $269,900.00 , TWO HUNDRED SIXTY -NINE THOUSAND NINE HUNDRED DOLLARS & N Modifications to this Bond Form: 1 CONTRACTOR AS PRINCIPAL Company: BORAH, IN� (Corp. Seal) Signature: Name and T CONTRACTOR AS PRINCIPAL Company: : k - , vrcEPates• SURETY (Cor ). Seal) Company: Signature: Signature: Name and Title: SURETY Company: COMMERCIAL INDENNI' •Y. (Cm pcSeal) INSURANCE OMP My Signature: (A r� Name and Title: W • T • G SBA ?L 1? '� t ATTORNEY Name and Title: EJCDC No. 1910 -28A (1984 Edition) Prepared through the joint efforts of The Surety Association o America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute o Architects (Corp. Seal) I. I Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for e performance of the Construction Contract. which is incorporated by reference. 2. the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to par - tici ale in conferences as provided in Subparagraph 3.1. I. here is no Owner Default, the Surety's obligation under this Bond rise after: . The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering I declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall I be allowed a reasonable time to perform the Construction Con- tract. but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally ter- , minted the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro- vided in Subparagraph 3.1; and I . The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 1. en the Owner has satisfied the conditions of Paragraph 3, the Surety .ht promptly and at the Surety's expense take one of the following ice s: 4.1. Arrange for the Contractor, with consent of the Owner, to perform I and complete the Construction Contract; or Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and corn- I pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to I the bonds issued an the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or � 4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount I is determined. tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. S. if the Surety does not proceed as provided in Paragraph 4 with reauon- abrromptness, the Surety shall be deemed to be in default on this Bond fift days after receipt of an additional written notice from the Owner o Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to .he Owner. If the Surety proceeds as provided in Subparagraph 4.4. and II wner refuses the payment tendered or the Surety has denied liability, n ole or in part. without further notice the Owner shall be entitled to :n ce any remedy available to the Owner. 1 1 6. After the Owr :r has terminated the Contractor's nght to complete the Construction Col trace, and if the Surety elects to act under Subparagraph 4.1, 4.2. or 4.3 at ave. then the responsibilities of the Surety to the Owner shall not be grey cr than those of the Contractor under the Construction Contract, and thp responsibilities of the Owner to the Surety shall not be greater than their : of the Owner under the Construction Contract. To the limit of the amou it of this Bond. but subject to commitment by the Owner of the Balance 0 the Contract Price to mitigation of costs and damages on the Construct an Contract, the Surety is obligated without duplication for: 6.1. The rest ansibilities of the Contractor for correction of defective work am, completion of the Construction Contract; 6.2. Addition sI legal, design professional and delay costs resulting from the Contractor's Default. and resulting from the actions or failure 11 act of the Surety under Paragraph 4; and 6.3. Liquidal :d damages, or if no liquidated damages are specified in the Con . truction Contract, actual damages caused by delayed perform rice or non - performance of the Contractor. 7. The Surety sl all not be liable to the Owner or others for obligations of the Contractor 1101 are unrelated to the Construction Contract, and the Balance of the ( ontract Price shall not be reduced or set oft' on account of any such unn rated obligations. No right of action shall accrue on this Bond to any per .on or entity other than the Owner or its heirs, executors, administrators, it successors. 8. The Surety h:reby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and othe - obligations. 9. Any proceed ng, legal or equitable. under this Bond may be instituted in any court of :ompetent jurisdiction in the location in which the work or part of the wi rk is located and shall be instituted within two years after Contractor Def, ult or within two years after the Contractor ceased work- ing or within tt •o years after the Surety refuses or fails to perform its obligations and :r this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum penod of limitation avail.ble to sureties as a defense in the jurisdiction of the suit shall be applies ale. 10. Notice to t ie Surety, the Owner or the Contractor shall be mailed or delivered to tin address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal regi irement in the location where the construction was to be performed, an; provision in this Bond conflicting with said statutory or legal requiremt nt shall be deemed deleted herefrom and provisions con- forming to sue n statutory or other legal requirement shall be deemed incorporated h -rein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions 12.1. Bala ice of the Contract Price: The total amount payable by the Own :r to the Contractor under the Construction Contract after all p oper adjustments have -been made, including allowance to the 1 ontractor of any amounts received or to be received by the t iwner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled, reduced by all valid and groper payments made to or on behalf of the Contractor undo r the Construction Contract. 12.2. Con .traction Contract: The agreement between the Owner and the :ontractor identified on the signature page, including all Con ract Documents and changes thereto. 12.3. Conractor Default: Failure of the Contractor, which has neither bees remedied nor waived, to perform or otherwise to comply will the terms of the Construction Contract. 12.4. Ow er Default: Failure of the Owner, which has neither been rem •died nor waived, to pay the Contractor as required by the Cor , truction Contract or to perform and complete or comply with the other terms thereof. Li FOR INFORMATION ONLY —Name, Address and Telephone) GENT or BROKER: OWNER'S REPRESENT,.TIVE (Architect, Engineer or other party): TIME INSURANCE AGENCY, INC., 1507 SOUTH IH -35, AUSTIN, TEXAS 78741 1 1 M 1 1 1 1 1 1 1 1 1 I - Any singular reference to the Contractor, Surety, Clymer or other party shall be considered plural where applicable. I 'C ONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): BORAH, INC. COMMERCIAL INDEMNITY INSURANCE COMPANY P.O. BOX 2138 1507 SOUTH IH -35, • ROUND ROCK, TEXAS 78680 AUSTIN, TEXAS 78741 O WNER (Name and Address): CITY OF ROUND ROCK - 221 EAST MAIN, ROUND ROCK, TEXAS 78664 -5299 C ONSTRUCTION CONTRACT Date: Amount $269,900.00 , TWO HUNDRED SIXTY -NINE THOUSAND NINE HUNDRED DOLLARS & Nt - Description (Name and Location): 101 WATER SYSTEM IMPROVEMENTS PRESSURE PLANE NO. 4 (DELL AREA) 1 1 1 1 1 1 BOND I Date (Not earlier than Construction Contract Date): Amount: $269,900.00 , TRO HUNDRED SIXTY - NINE THOUSAND NINE HUNDRED DOLLARS & Nt Modifications to this Bond Form: 1 1 ' - N/ A 0 ONTRACTOR AS PRINCIPAL SURETY Company: BORAH INC . (Corp. Seal Company:COMMERCIAL INDEMNItL10Vr, INSURANCE C MPA - Signature 87 Signature: (A) _.T k , ' Name and T e:-..1:;;,. kg". vicEo Name and Title: = ;�� 1 W. T. £AL3D . a c.. ATTORNEY —IN— FACT„ 1 1 _CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: 1 1 1 i Constructi on Payment Bond BOND NO.BD33895 EJCDC No. 1910-28B (1984 Edition) Prepared Through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The Associated ' !Sentra! Contactors of America. American Institute of Architects. American Subcontractors Association, and the Associated Specialty Contactors. Reprinted 10/90 (Corp. Seal) Tl- retractor and the Surety, jointly and severally, bind themselves, their irs, executors, administrators, successors and assigns to the Owner to pay for for male and equipment furnished for use in the performance of the Contract, which is incorporated heron by reference. Wr n respect to the Owner, this obligation shall be null and void if the i retractor. 2., Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from claims, I demands, liens or suits by any person or entity whose claim, demand, lien or suit rs for payment for labor, materials orequrpment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surely (at the address described in Paragraph 121 of any claims, emands, liens or suits and tendered defense of such claims, emands, liens or suits to the Contractor and the Surety. and provided there is no Owner Default. Wi respect to Claimants, This obligation shall be null and void if thy rat r promptly makes payment, directly or indirectly, for all sums due. rely shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the I ontractor have given notice to the Surety (al the address described Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and. with substantial accuracy, the amount of the claim. 4.2 laimants who do not have a direct contract with the Contractor: . Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last I performed labor or last furnished materials or equipment in- eluded in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and I Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and Not having been paid within the above 30 days. have sent a written notice to the Surety (at the address described in Para- graph 12) and sent a copy, or notice thereof, to the Owner, stating I that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. - a notice required by Paragraph 4. is given by the Owner to the t or to the Surety, that is sufficient compliance. /he Claimant has satisfied the conditions of Paragraph 4, the Surety e , he rar p ptly and at the Surety's expense lake the following actions: .1. Send an answer to the Claimant, with a copy to the Owner, within t days after receipt of the claim, stating the amounts that are disputed and that basis for challenging any amounts that are outed. .2. Pay or arrange for payment of any undisputed amounts. he ty's total obligation shall not exceed the amount of this Bond, the cunt of this Bond shall be credited for any payments made in faith by the Surety. mo s owed by the Owner to the Contractor under the Construction rac all be used for the performance of the Construction Contract and tisf laims, if any, under any Construction Performance Bond. By the 1 Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract arc dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Con- tract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under i cis Bond, and shall have under this Bond no obligations to make payments tn. give notices on behalf of, or otherwise have obliga- tions to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or pan of the ',ork is located of after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (rrr), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdicuon of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature pyge. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be per- formed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the junsdic- Iron where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15 3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as regmred by the Construction Contract or to perform and complete or comply with the other terms thereof. . INFORMATION ONLY —Name, Address and Telephone) (GENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party). 'TIME INSURANCE AGENCY, INC., 1507 SOUTH IH -35, AUSTIN, TEXAS 78741 1 1 'Commercial Indemnity Insurance Company COMMERCIAL P.O. Bo,t 67 INDEMNITY INSURANCE CO. T ustin, Texas 78741 - C at OW ALL MEN BY THESE PRESENTS: . the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having is principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12t day of May, 1996, to wit: 'Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney - In - Fact, such persons, firms, or corporations as may be selected from time to time. l e It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall e valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid n d binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity urance Company does hereby make, constitute and appoint: W.T. RAGSDALE tale of Texas its tine and lawful attomey(s) - in - fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: 'he Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance company thereby as fully and to the same extent as if such bond or undertaking was signed by It e duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority rein given, are hereby ratified and confirmed. 1 1 1 WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the ompany and its Corporate Seal to be hereto affixed. mmission Expires 5 -20 -98 RTIFICATE to of Texas aunty of Travis I n this 12 day of May, m the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally know to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me 1 at the Corporation executed it. R Rudy Herzog, President Shannon McBride, Notary Public !Attorney undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power and Certificate of Authority remains in full force and has not been revoked: Signed and Sealed a the said Company at Austin, Texas dated this day of , 1997 ' L FI�?I:CT`it Paul Cameron. Secretary BD33895 POWER OF ATTORNEY ,w•an,rsgor " wrao,uw COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact Rudy Herzog, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1- 800 - 234 -8046 You may also write to Commercial Indemnity Insurance Company : 1507 South IH -35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 800 - 252 - 3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 -475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This. notice is for information only and does not become a part of condition of the attached document. - 7 ,,,, DATE cmramortn f .,,, l'ABILIWIN - 44 '•••■ '1,3Aretil 4.0:1 • ' ",.. ' .i- '' -----... n'n' 1,1 recouese 512-451-7555 PITTS, ROLLING, SCHNELL AND WAGNER P.O. BOX 2291 i AUSTIN, TEXAS 78768 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Bituminous Insurance Cos.-118 INSURED Borah, Inc. P. 0. Box 2138 Round Rock TX 78680 ,e4 THIS IS TO CERTIFY THAT TEIE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONSSF SUCH POLICIES. LIMITS SHOWN MAY HAVE COMPANY B Texas Worker Compensation Fund COMPANY C COMPANY o •!:'-:i..ii:.71f:•,.. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE IMMIDD/TYI POLICY EXINHATION DATE IMM/DDPM u mrrs A GENERAL LIABILITY CLP2299433 10101/97 10/01/98 GENERAL AGGREGATE 2000000 X COMMERCIAL GENERAL LIAB/UTY CLAIMS sine Di( OCCUR PRODUCTS - COMPADP Aaa s 2000000 PERSONAL & AD.. INJURY S 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE s 1000000 FIRE DAMAGE lAny ono Mal 0 50000 — MED EXP 440 on 0ormn1 8- 5000 Q 4 1 "I x1 1 I xI xr rOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS CAP2505508 ' 10/01/97 10/01/98 co SINGLE UMIT 8 1000000 BODILY INJURY Ramon) IPet BODILY MANLY IPer 84088011 0 PROPERTY DAMAGE 0 GARAGE LIABUITY , suro ONLY • es ACCIDENT a ANY AUTO OTHER THAN AUTO ONLY1 t EACH ACCIDENT 0 AGGREGATE 0 A EXCESS LIABILITY CUP1131:17532 10/01/97 10/01/98 EACH OCCURRENCE s 1000000 1000000 X UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE B WORKERS COMPENSATION AND EMPLOYERS LIABILITY TSF12160901 3/04/97 3/04/99 EL EACH ACCIDENT • 500000 THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: — — NEC EXCL EL DISEASE • POLICY UMIT I 500000 EL DISEASE - EA EMPLOYEE 8 500000 OTHER DESCRIPTION OF OPEFLATIONS/LoCATIoNsNEHICLEsapECIAL ITEMS REFERENCE PROJECT: WATER SYSTEM IMPROVEMENTS PRESSURE PLANE 84 DELL AREA CERTIFICATE HOLDER AND ENGINEER AND HDR ENGINEERING, INC. AND CONSULTANTS IS ADDITIONAL INSURED REGARDING GL AND AUTO 'T ':Fj*i'°f46L10513.T''AVt3Ztfe'..q4,5:.ili,',qWgckrg*agWW2.g'P;:I.'11 CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 M4igU'IgW.A&'4q4.Yi SHOULD ANY OF THE ABOvE DESCRIBED pOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREIA THE ISSUING COMPANY WILLXETtNEWLI MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WiflaiNW.KIEVARRIWTHUReikli4}7413%147,1VIRSActcrItMiliK : . ., " — FiclitEXWMAICF-NifixicifiniialiKSOPc irda 314.a''''Jet''.74/......7-iL4',.:::-'4't' . • • • ED REPRESENTA C4-,1!'„k.'4,./:::I1?Se-.\1741-V---m---8HR"C-I514031661ikaitiS. 6C-41/5ift", OCT16 '97 kPJ:4Id HLJ I IN 7IG 471 (=0 IU GDDI:17=1 r.ice/ne z 1 :5'• C rYF -.,•n. k , �„ 5e= .;r.. , -r.'I • ACORD a w b'I<a... .,....,. T , f rF' :!? E JF » kn'S.n u+huAi^z ^.R.^, , nwre 1A. •: u7 PRODUCER 512 461 -7655 PITTS, ROLLING, SCHNELL AND WAGNER P.O. BOX 2291 AUSTIN, TEXAS 78768 • : r sge ^ .:; >;::::' / � • 3 + � , k• � DATENM/OD/Y.I , ] Vr > ,}, , , - iY '_t A, - : £ „,,'; r, 3,1 10/01/87 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Bituminous Insurance cos: DB INSURED CITY OF ROUNDROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 COMPANY B COMPANY C i3 s a t 'e'.j•s 09. •t . 'j r ,'L, xe_er 3�::.,,.. ^=.;i1 BLa),a:- c ^.'�..:�N,.S;.u...d,. fc ? ±r a. ,kF " ' ^ri ::+.^S.L: 1155 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED 0B MAY PERTAIN, THE INSURANCE AFFORDED EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY COMPANY D ..S 'n ,,,,A ij ` :x�'�ip: '-k'.^ 5a i`F,'• a y'y, 1,7 j,3 ^, . -... ./ .l /tyi - ;. W�cvxRs"�` 1 ,•: <......: ^., �`•�:'��.�si.a ok�tl + {:h�� i;;. «'b Io;:.:r.....L�.;b -,ikv. HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, HAVE BEEN REDUCED BY PAID CLAIMS. I 1?,, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMNOONY7 POLICY EXPIRATION DATE IMM /00/ril LIMOS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 81N0143422 10(01/97 10/01/98 GENERAL AGGREGATE 0 2,000,000 PRODUCTS • COMP/OP AGG 1 PERSONAL L AOV INJURY 1 3:,.• j CLGMS MADE ■ OCCUR EACH OCCURRENCE 0_ X OWNER'S E. CONTRACTOR'S PROT FIRE DAMAGE Any one Mal 1 MED EXP IMY ens parson] 0 + AUTOMOBILE — ^ _ LIABILITY ANY AUTO ALL OWNED AUTOS SCHMIEO AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT 0 BODILY INJURY Mee mum) 0 BODILY INJURY IPar x0Oentl a PROPERTY DAMAGE 0 GARAGE UABILITY _ ANY AUTO AUTO ONLY - EA ACCIDENT 0 OTHER THAN AUTO ONLY: ^• ,"`":.P',I U '''r <',,;" I EACH ACCIDENT AGGREGATE 0 " 0XCE55 LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE 0 WOOERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNEASIEXECUTIVfi OFFICERS APE: AND INCL E %CL I 1 TORY LIMIT$,I 4 • >;.::.', , .', `" " ' y 0 ' EL EACH ACCIDENT EL DISEASE- POLICY LIMIT 0 EL DISEASE• EA EMPLOYEE 0 OTHER DESCRIPTION OF OPERATIONS/LOCATICNSNEI ICL5S/SPECIAL ITEMS REFERENCE PROJECT: WATER SYSTEM IMPROVEMENTS PRESSURE DELL AREA ENGINEER AND HOR ENGINEERING AND CONSULTANTS IS ADDITIONAL 1!.1'M .:fi•S'.Vi','.✓il l v y 'M1•. 1'tY'..�`v,3.' CEA .�F.,CIiTt:•<f [,1C •_..Ld :' ".ui::.ii„ .;.;:,sA::;. !eb:,,;»;.'i,•':�.4 i' CITY OF ROUNDROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 : t ; . i,• 5; vn.AC -- i- .«a,. s:1�2z�:ta: ..,e_,:ic*: - :,.., ..,e%i :Tri'ao , .L ^3" PLANE 44 INSURED ( x� y i g� iC - ,NC I LA 1 .eiYs: ;.,, ,1 .. ',:a.,i:I< 5':• , j,,, , ,Ik iH}n•,iS> n _ �_ : ' ^ SHOULD ANY OF THE PBDYF DESCRIBED PoUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY 1YiCL Ictirha3K]YJ1 MAIL 30 DAYS WRNTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. " " "' w =' -t J ' •' d' 5 l , 44 "G' GDP 299D8F Y.E 54 5 0 EPRESENT F*,RXY3FYX � X r ICX& '� X INKX. O 0 RI DRA3 �)yE' / a to %� 1/1"-....'1'-' 4 � � "'1,:>..... wY Nat ! 101:::;'. +... �`` , . _. @ACOFip COR�08AT1b 9BB: OCT 16 '97 10:15 FR PRSBW RUST IN 512 451 7555 TO 2558986 by P.02/02 '1 1 11 10 1$ 11 1 1 Is 10 1 P 11 1 s 11 11 e t 20'd 20 CERTIFICATE OF INSUR \NCE (Workmen's Compensetlon & Liability) This certificate it insurance neither affirmatively nor negatively r vends. extends. or alters the coverage afforded by the policy(tes) listed on this certificate. sem Im rovements Pressure Plane I4 (Dell Area Protect Water System P ocation ( Area) Owner ei ry of Round..Ea.cis,_ Address 221 East' Main St. , Round Rock, TX 78664 Contractor (Insured) Borah, .14s -r- . Address 72 ma •-t Bat lv e*•', Itnl n l Rnrk, Tx 78680 The undersigned hereby certifies that the followim policies, subject to their terms, conditions and exclusions have been issued by the named companies to the above Insu ed and are presently in full force and effect: A. WORKMEN'S COMPENSATION: Policy No TSE U01 L160901970304 Expiration Date 3 -4 -98 Insurance Co Texas Workers Comp Fund Address P.0. Box 841843, Dallas, TX 75284 COVERAGE: Statutory Workmen's Compensate in. Employers Liability Limit $ 500.000 Fach Accident. Locations covered State of Texas 8. COMPREHENSIVE GENERAL UABIUTY & PR( )PERTY DAMAGE: Policy No CTP77Q All Expiration Date Insurance Co Bituminouo LIMITS: Bodily Injury, inck:lAng Personal Injury. $ T Each Person $ 1,000,000 Each Occurrei ce $ 2,000.000 Aggregate COVERAGE PROVIDED (Check Applicable Sqt ares): Yes . Premises Operations Subcontractor Operations Personal Injury • Completed Operations Contractual Liability (Per Spec) ig . Other ()co Pnl;ry et C COMPREHENSIVE AUTOMOBILE LIABILITY 8 PROPERTY DAMAGE: Policy No CAP2506508 Expiration Date 10 -1 -98 Insurance Co B; rttmi non q Address P 0 Box 167968,_Lrving UMITS• Bodily Injury $ N/A Each Person $1,000,000 Each Occurrei ce COVERAGE PROVIDED - for operation of all o vned, non -owned and hired vehicles. o UMBRELLA EXCESS LIABIUTY: Policy No CUP1887532 Insurance Co Bituminous UMITS: Single Limit Bodily Injury and Property COVERAGE PROVIDED - Applies in excess of Comprehensive Ger The undersigned further certifies that In the event policies, thirty (30) days prior written notice of au( mail to the above Owner. Dale NAME OF AGEN.0 % P it Pn11 i% CrhnP11 F. wagnA B Add y Specified minimums _Address n-1 -oil CS:i Lb. tlL ddb P.O. B x 167968, Irving, TX Property Damage $ 1 Each Occurrence $ 2,000,000 Aggregate Other No Property Damage Liability Includes: Yes No ❑ Damage due to M Aga (explosion) al ❑ 1..,7•.• i'_ r •" • r r. ❑ Damage due to collapse ® ❑ ❑ Damage to underground faciliges ® ❑ ❑ Broad Form Property Damage: 21 ❑ ❑ Operations of Contractor 1 ❑ ❑ Contractural ❑ Property Damage$ 1,000,000 Each Occurence Other Expiration Date 10 -1 -98 Address P.O. Box 167968, Irvine, Tx Damage $1 _ 000, 000 Each Occurrence. the coverages listed above for Employer's Liability, oral, Automotive and Property Damage Coverage. st cancellation or any material change In any of the above h cancellation or change shall be delivered by registered or certified Authorized Insurance Representative (Signature required) A COMPREHENSIVE GENERAL UABILITY: Bodily Injury: (Inc. Personal Injury) a each person /$ each occurrence. Property Damage: 8 each occurrence /$ aggregate. 8 COMPREHENSIVE AUTOMOBILE LIABILITY: Bodily Injury: 8 each person /$ each occurone°. Properly Damage: 3 __each occurrence. HS£ =tT L6 -St -day 9 NOTE: These EJCDC Documents have been modified as indicated herein, a etrikc eut indicates that language has been deleted from the EJCDC General Conditions. An underline indicates that the language has been added to EJCDC General Conditions. This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. EJCDC No. 1910 -8 (1990 Edition) SECTION 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONALENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors (AGC) of America These General Conditions have been prepared for use with the Owner- ContnetorAgreements (No. 1910.8-A -1 or 19108 -A -2) (1990 Editions). Their provisions are interrelated and a change in one may necessitatea change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparationof Supplementary Conditions (No. 1910.17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. Article or Paragraph Page Number & Title Number 1. DEFINITIONS 13 1.1 Addenda 13 1.2 Agreement 13 1.3 Application for Payment 13 1.4 Asbestos 13 1.5 Bid 13 1.6 Bidding Documents 13 1.7 Bidding Requirements 13 1.8 Bonds 13 1.9 Change Order 13 1.10 Contract Documents 13 1.11 Contract Price 13 1.12 ComnctTimes 13 1.13 CONTRACTOR 13 1.14 defective 13 1.15 Drawings 13 1.16 Effective Date of the Agreement 13 1.17 ENGINEER 13 1.18 ENGINEER'sConsultant 13 1.19 Field Order 13 1.20 General Requirements 1 1.21 Hazardous Waste 14 1.22 Laws and Regulations; Laws or Regulations 14 1.23 Liens 14 1.24 Milestone 14 1.25 Notice of Award 14 1.26 Notice to Proceed 14 1.27 OWNER 14 1.28 Partial Utilization 14 1.29 PCBs 14 1.30 Petroleum 14 1.31 Project 14 1.32 Radioactive Material 14 1.33 Resident ProjectRepeesentative 14 1.34 Samples 14 1.35 Shop Drawings 14 1.36 Specifications 14 1.37 Subcontractor 14 1.38 Substantial Completion 14 1.39 Supplementary Conditions 14 1.40 Supplier 14 1.41 Underground Facilities 14 1.42 Unit Price Work 14 1.43 Work 15 1.44 WorkChange Directive 15 1.45 Written Amendment 15 2. PRELIMINARY MATTERS 15 2.1 Delivery of Bonds 15 2.2 Copies of Documents 15 2.3 Commencementof ContractTimes; Notice to Proceed 15 2.4 Starting the Work 15 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number& Title Page Number 2.5 -2.7 B efore Starring Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedules; Delivery of Certificates of Insurance 15 2.8 PreconstructionConference 15 2.9 Initially Acceptable Schedules 16 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 16 3.1-3.2 Intent 16 3.3 Reference to Standards and Speeificationsof Technical Societies; Reporting and Resolving Discrepancies 16 3.4 Intent of Certain Terms or Adjectives 17 3.5 Amending Contact Documents 17 3.6 Supplementing Contract Documents 17 3.7 Reuse of Documents 17 4. AVAILABILITY OF LANDS; SUBSURFACEAND PHYSICALCONDIT IONS; REFERENCE POINTS 17 4.1 Availability of Lands 17 4.2 Subsurface and Physical Conditions 17 4.2.1 Reports and Drawings 17 4.2.2 Limited Reliance by CONTRACTOR Authorized ; Technical Data 18 4.2.3 Notice of Differing Subsurface or Physical Conditions 18 4.2.4 ENGINEER's Review 18 4.2.5 Possible Contract Documents Change 18 4.2.6 Possible Price and Times Adjustments 18 4.3 Physical Conditions-Underground Facilities 18 4.3.1 Shown orIndicated 18 4.3.2 Not Shown or Indicated 19 4.4 Reference Points 19 4.5Asbestos, PCBs, Petroleum, Hazardous Waste or RadioacaveMaterial 19 5. BONDS AND INSURANCE 20 5.1-5.2 Performance. Payment and Other Bonds 20 5.3 Licensed Swedes and insurers; Certificates of insurance 20 5.4 CONTRACTOR'sLiability lnsurance 20 5.5 OWNER's Liability Insurance 21 5.6 Property Insurance 21 5.7 Boiler and Machinery or Additional Property Insurance 21 5.8 Notice ofCancellationProvisiors 21 5.9 CONTRACTOR's Responsibility for Deductible Amounts 22 5.10 Other Special Insurance 22 5.11 Waiver of Rights 22 5.12 -5.13 Receipt told Application of Insurance Pror.MS .22 5.14 Acceptance of Bonds and Insurance; Option to Replace 22 5.15 Partial Utilization-Property Insurance .23 6. CONTRACTOR'SRESPONSIBILITIES 23 6.1 -6.2 Supervisionand Superintendence .23 6.3-6.5 Labor, Materials and Equipment 23 6.6 Progress Schedule 23 6.7 Substitutes and - Or- Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights 6.12 Patent Fees and Royalties 6.13 Permits 6.14 Laws and Regulations 6.15 Taxes 6.16 Use of Premises 6.17 Site Cleanliness 6.18 Safe Structural Loading 6.19 Record Documents 620 Safety and Protection 6.21 Safety Representative 6.22 Hazard CommunicationPrograms 6.23 Emergencies 6.24 Shop Drawings and Samples 625 Submittal Procedures; CONTRACTOR'sReview Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing & Sample Submittals Review by ENGINEER 27 627 Responsibilityfor VariationFrom ComtactDocumenls 27 6.28 Related Work Perfornied Prior to ENGINEER'sReview and Approval of Required Submittals 27 6.29 Continuing the Work 28 6.30 CONTRACTOR'sGeneral Warranty and Guarantee 28 6.31-6.33 Indemnification 28 6.34 Survival of Obligations 28 7. OTHER WORK 29 7.1 -7.3 Related Work at Site 29 7.4 Coordination 29 8. OWNER'S RESPONSIBILITIES 29 8.1 Communicationsto Contractor 29 8.2 Replacementof ENGINEER 29 8.3 Furnish Data and Pay Promptly When Due 29 8.4Lands and Easements; Reports and Tests 29 8.5 Insurance 29 2 8.6 Change Orders 29 8.7 Inspections, Tests and Approvals 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR'sServices 29 8.9 Limitations on OWNER's Responsibilities 30 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .30 8.11 Evidence of Financial Arrangements 30 9. ENGINEER'SSTATUS DURING CONSTRUCTION 9.1 O W NER's Representative 9.2 Visits to Site 9.3 Project Representative 9.4 Clarificationsand Interpretations 9.5 Authorized Variations in Work 9.6 Rejecting Defective Work 9.7 -9.9 Shop Drawings, Change Orders and Payments 31 9.10 Determinations for Unit Prices .31 9.11 -9.12 Decisions on Disputes; ENGINEER as Initial Interpreter 31 9.13 Limitations on ENGINEER's Authority and Responsibilities 31 10. CHANGES IN THE WORK 32 10.1 OWNER Ordered Change 32 10.2 Claim for Adjustment 30 10.3 Work Not Required by Contract Documents 32 10.4 Change Orders 32 10.5 NotificadonofSurety 32 11. CHANGE OF CONTRACT PRICE 32 11.1 -11.3 Contract Price; Claim for Adjustment; Value of the Work 32 11.4 Cost of the Work. 33 11.5 Exclusions to Cost of the Work .34 11.6 CONTRACTOR'sFee 34 11.7 Cost Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 12. CHANGE OFCONTRACTTIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Fs.,v-• 35 12.3 Delays Beyond CONTRACTOR's Contro l .35 12.4 Delays BeyondOWNER's and CONTRACTOR'sControl. 35 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCEOF DEFECTIVE WORK. 36 13.1 Notice of Defects 36 13.2 Access to the Work. 36 13.3 Tests and Inspections; Contractor's Cooperation 36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 13.4 OWNER's Responsibilities; Independent Testing laboratory 36 13.5 CONTRACTOR' s Responsibilities 36 13.6 -13.7 Covering Work Pnor to Inspection, Testing or Approval 36 13.8-13.9 Uncovering Work at ENGINEER's Request. 36 13.10 OWNER May Stop the Work 36 13.11 Correction or Removal of Defective Work 37 13.12 Correction Periods 37 13.13 Acceptance of Defective Work 37 13.14 OWNER May Correct Defective Work .37 14. PAYMENTS TO CONTRACTOR AND COMPLETION 37 14.1 Schedule of Values 37 14.2 Applicationfor Progress Payment 38 14.3 CONTRACTOR'sWarranty of Title 38 14.4 -14.7 Review of Applications for Progress Payments 38 14.8- 14.9SubsiantialCompletion 39 14.10 Partial Utilization 39 14.11 Fatal Inspection 39 3 14.12 Final Applicationfor Payment. 40 14.13 -14.14 Final Payment and Acceptance 40 14.15 Waiver of Claims 40 15. SUSPENSION OF WORK AND TERMINATION 40 15.1 OWNER May Suspend Work AO l5.2- 15.4OWNFR May Terminate 40 15.5 CONTRACTOR May Stop Work or Terminate 41 16. DISPUTE RESOLUTION 41 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 ComputationofTimes 42 17.3 Notice of Claim 42 17.4 Cumulative Remedies 42 17.5 ProfessionalFees and Court Costs Includes 42 EXHIBIT GC -A (Optional): Dispute ResolutionAgreemem (Optional) GC -Al 16.1- 16.6Arbitration GC -AI 16.7 Mediation GC -A2 Article or Pamgraph Number Acceptance of Bonds and Insurance 5.14 defectiveWork 10.4.1, 13.13, 13.15 fimt payment 9.12, 14.15 insurance 5.14 other Work, by CONTRACTOR 7.3 Substitutesatd "Or-Equal' Berns 6.7.1 Work by OWNER. 2.5, 6.30, 6.34 Access to the- Lands, OWNER and CONTRACTOR responsibilities .4.1 sire, related work 7.2 Work 13.2, 13.14, 14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR 6.9.1, 9.13.3 ENGINEER 6.20, 9.13.3 OWNER. 6.20, 8.9 Addenda- defmitionof (also see defnitionof Specifications). (1.6, 1.10, 6.19) 1.1 Additional Property Insurances 5.7 Adjustments Contract Price or Contract Times 1.5, 3.5, 4.1, 4.3.2, 4.5.2., 4.5.3, 9.4, 9.5, 10.2 - 10.4,11,12,14.8,15.1 progress schedule 6.6 Agreement - defmidon of 1 2 All risk Insurance, policy loon 5.6.2 Allowances, Cash 11.8 Amending Contract Documents 3.5 Amendment, Written - in general 1.10, 1.45, 35, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2. 12.1, 13.12.2, 14.7.2 Appeal. OWNER or CONTRACTOR intents) 9.10.9.11,10.4, 16.2.16.5 Application for Payment - definitionof .1.3 ENGINEER's Responsibility 9.9 final payment 9.13,4, 9.13.5,14.12 -14.15 in general 2.8,2.9. 5.6.4, 9.10, 153 progress payment 14.1,14.7 review of 14.4 -14.7 Arbitration(Optionap 16.1 -16.6 Asbestos - claims lausuantthereto 43.2, 43.3 CONTRACTOR authorized to stop Work 4.5.2 definition of .1.4 OWNER responsibilityfor 4.5.1.8.10 possible price and times change. 4.5.2 Authorized-Variations in Work 3.6, 6.25, 6.27, 9.5 Availabilityof Lands 4.1, 8.4 Award, Notice of- defined 1.25 Before Starting Construction 2.5 -2.8 INDEX TO GENERAL CONDITIONS 4 14.10 Certificatesof Inspection. Certificatesof Insurance. Article or Paragraph Number Bid-defnitionof 1 5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents- defnitionof 16(6.8.2) Bidding Requirements-- defnitionsof 1.7 (1.1, 4.2.6.2) Bonds - acceptance of 5.14 additional bonds 10.5, 11.4.5.9 Cost of the Work 113.4 defudtionof .1.8 delivery of 2.1, 5.1 final applicationfor payment 14.12 -14.14 general 1 10 ,5.1- 5.3,5.13.9.13,10.5,14.7.6 performance,Payment and Other 5.1 -5.2 Bonds and Insurance- ingeneral 5 Builder's risk "all risk' policy form 5.6.2 CancellationProvisions, Insurance 5.4.11, 5.8, 5.15 Cash Allowances 11.8 Certificate of Substantial Completion 1.38,6.30.2.3, 14.8. 9 13.4,13.5, 14.12 2.7, 5.3, 5.4.11,5.4.13, 5.6.5, 5.8, 5.14, 9.13.4,14.12 Change in Contract Price- Cash Allowances 11.8 claim for price adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 11.6 CONTRACTOR'sfee Cost of the Work general 11.4 -11.7 Exclusions to 11.5 Cost Records 11.7 in general 1.19, L44, 9.11, 10.4.2. 10.4.3, 11 Lump Sum Pricing 11.3.2 Notifscationof Surety 10.5 Scope of .10.3-10.4 Testing and Inspection, Uncovering the Work 13.9 Unit Price Work 11.9 Value of Work 11.3 Change in ContractTlmes- Claim for times adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4. 9.5, 9.11, 10.2, 10.5. 12.1, 13.9. 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits 121 Delays beyond CONTRACfOR's connol 12.3 Delays beyond OWNER's and CONTRACTOR'scon- trol 12.4 Notificationof surety 10.5 Scope of change 10.3 -10.4 Change Orders- Acceptance of Defective Work 13.13 Amending ContractDocumetds 33 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work. 10 CONTRACTOR'sfee 11.6 Cost of the Work 11.4 -11.7 Cost Records 11.7 defudtionof .1.9 emergencies 6.23 ENGINEER's responsibility 9.8,10.4, 11.2, 12.1 execution of 10.4 Indemnification 6.12, 6.16. 6.31, 6.33 Insurance, Bonds and 5.10. 5.13, 10.5 OWNER may terminate 15.2 -15.4 OWNER'%Responsibility 8.6, 10.4 Physical Conditions - Subsurface and 4 2 Underground Facilities. 4.3.2 Record Documents 6.19 Scope of Change 10.3 -10.4 Substitutes. 6.73, 6.8.2 Unit Price Wait 11.9 value of Work, covered by 11.3 Changes in the Work. 10 Notificationof surety 10.5 OWNER's and CONTRACTOR'sresponsibilities 10.4 Right to an adjustment 10.2 Scope of change. 10.3 -10.4 Claims- against CONTRACTOR 6.16 against ENGINEER 6.32 against OWNER 6.32 Change of Contract Price 9.4, 11.2 Change of ContractTimes 9.4, 12.1 CONTRACTOR's .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR'sFee 11.6 CONTRACTOR'sliabiEty 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4, Decisions on Disputes 9.11, 9.12 Dispute Resolution 16.1 Dispute ResoludonAgreement. 16.1 -16.6 ENGINEER as initial interpreter 9.11 Lump Sum Pricing 1 1.3.2 Notice of 17.3 OWNER'S 9.4, 9.5, 9.11,102,11.2,11.9,12.1 13.9, 13.13, 13.14, 17.3 OWNER's liability .5.5 OWNER may refuse to make payment 14.7 Professional Fees and Court Costs Included 17.5 request for formal decision on 9.11 Substitute items. 6 7.1.2 Time Extension 12.1 Time requirements 9.11,12.1 Unit Price Work 11.9.3 Value of 11.3 Waiver of on Final Payment 14.14.14.15 Work Change Directive 10.2 written notice required. 9.11, 112, 12.1 Clarificationsand Interpretations 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organizationor Association 3.3.3 Commencementof Contract Times 2.3 Communications- 5 general 6.2, 6.9.2, 8.1 Hazard CommunicationPrograms 6.22 Completion - Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 -14.14 Partial Utilization 14.10 Substantial Completion 1.38,14.8 -14.9 Waiver of Claims 14.15 ComputationofTimes 17.2.1- 17.2.2 Concerning Subcontractors, Suppliers and Others Conferences - initially acceptable schedules 2.9 preconstruction 2.8 Conflict, Error, Ambiguity, Discrepancy- CONTRACTOR to report 2.5, 3.3.2 Construction,before starting by CONTRACTOR 2.5 - 2.7 Conuruc tionMacbiocry,Equipment,etc .6.4 Continuing the Work 6.29, 10.4 ConteactDocuments- Amending 3.5 Bonds 5.1 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 10.4 -10.5 check and verify 2.5 Clarificationsand Interpretations 3.2, 3.6, 9.4, 9.11 defmitionof 1.10 ENGINEER as initial interpreter of 9.11 ENGINEER as OWNER's representative .9.1 general 3 Insurance 5.3 Intent 3.1 -3.4 minor variations in the Work 3.6 OWNER'sresponsibiityto furnish data 2.3 OWNER's responsibility to make promptly payment 8.3, 14.4, 14.13 precedence 3.1, 3.3.3 Record Documents 6.19 Reference to Standards and Specifications of Technical Societies 3.3 Related Work 7 2 Reportingaod Resolving Discrepancies. 2.5, 3.3 Reuse of 3.7 Supplementing 3.6 Terminationof ENGINEER'sEmployment. 8.2 Unit Price Work 11.9 variations 3.6, 6.23, 6.27 Visits to Site, ENGINEER's 9.2 ConnactPrice- adjustznentof 3.5, 4.1, 9.4,10.3,11.2 -11.3 Change of 11 Decision on Disputes. 9.11 defmitionof 1.11 Contract Times- adjustment of 3.5.4.1, 9.4, 10.3, 12 Change of 12.1 -12.4 Commencementof 2.3 definition of 1.12 CONTRACTOR Acceptance of Insurance 5.14 Limited Reliance on Technical Data Authorized 4.2.2 Communications 6.2, 6.9.2 Continue Work 6.29, 10.4 coondinationand scheduling 6.9.2 defnitionof 1 13 May Stop Work or Terminate. 15.5 provide site access to others 7.2, 13.2 Safety and Protection 4.3.1.2, 6.16, 6.18, 6.21 -6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal 6.25 Stop Work requirements 4.5.2 CONTRACTOR's- Compensation 11.1 -11.2 Continuing Obligation 14.15 Defective Work 9.6,13.10 -13.14 Duty to correctdefecuve Work 13.11 Duty to Report - Changes in the Work caused by Emergency 6.23 Defects in Work of Others 7.3 Differing conditions 4.2.3 Discrepancy in Documents 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated 4.3.2 Emergencies 6.23 Egulpmentand Machinery Rental, Cost of the Work 11.4.5.3 Fee-Cost-Plus 11.4.5.4 11.5.1,11.6 General Warranty and Guarantee 6.30 Hazard CommunicationPrograms 6.22 Indemnification 6.12, 6.16, 6.31 -6.33 Inspectionofthe Work 7.3, 13.4 Labor, Materials and Equipment 6.3 -6.5 Laws and Regulations, Compliance by 6.14.1 Liability Insurance. 5.4 Notice of Intent to Appeal 9.10, 10.4 obligationto perform and complete the Work 6.30 Patent Fees and Royalties, paid for by 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by 6.13 Progress Schedule 2.6, 2.8, 2.9, 6.6, 6.29. 10.4, 15.2.1 Request for formal decisionon disputes 9I1 Responsibilitiea- Changes in the Work 10.1 Concerning Subcontractors,Supplieraand Others 6.8 -6.11 Continuing die Work 6.29,10.4 CONTRACTOR'sexpense 6.7.1 CONTRACTOR'sGeneral Warranty and Guarantee 6.30 CONTRACTOR' s review prior to Shop Drawing or Sample submittal 6.25 Coordinationof Work 6.9.2 Emergencies 6.23 ENGINEER's evaluation, Substitutes or '0r- Equal" Items 6.7.3 6 For Acts and Omissions of Others 6.9.1. 69.2, 9.13 for deductible amounts, insurance 5.9 general 6, 7.2, 7.3, 8.9 Hazardous CommumcationPrograms 6.22 Indemnification 6.31-6.33 Labor, Materials and Equipment Laws and Regulations 6.14 Liability Insurance. 5.4 Notice ofvariationfrom Contract Documents 6.27 Patent Fees and Royalties 6.12 Permits 6.13 Progress Schedule 6.6 Record Documents 6.19 related Work performed prior to ENGINEER's approval of required submittals 6.28 sate structural loading 6.18 Safety and Protection 6.20, 7.2, 13.2 Safety Representative 6.21 Scheduling the Work 6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by ENGINEER. 6.26 Site Cleanliness 6.17 Submittal Procedures 6.25 Substitute ConstructionMethads and Procedures 6.7.2 Substitutesand - Or- Equal' Items 6.7.1 • Superintendence 6.2 Supervision • b. l Survival of Obligations 6.34 Taxes 6.15 Tests and Inspections 13.5 To Report 2.5 Use of Premises 6.16 -6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal 6.25 Right to adjustmentfor changes in the Work 10.2 right to claim 4, 7.1, 9.4, 9.5.9.11. 10.2, 11.2, 11.9, 12.1, 13.9. 14.8, 15.1, 15.5, 17.3 Safety and Protection 6.20-6.22, 7.2, 13.2 Safety Representative. 6.21 Shop Drawings and Samples Submittals 6 24-6.28 Special Consultants 11.4.4 Substitute ConsnuctionMethods and Procedures 6.7 Substimtesand'Or- Equal" Items, Expense 6.7.1.6.7.2 Subcontractors,Suppliers and Others 6.8-6.11 Supervisionand Superintendence 6.1.6.2, 6.21 Taxes, Paymentby 6.15 Use of Premises 6.16 -6.18 Warranties and guarantees 6.30, 6.5 Warranty of Tide 14.3 Written N otice Requited- - CONTRACTORstop Work or terminate. 15.5 Reports of Differing Subsurface and Physical Conditions.... 4.2.3 Substandal Completion 14.8 CONTRACTORS -other 7 Coruractual Liability Insurance 5.4.10 Contractual Time Limits 12.2 Coordination CONTRACTOR'sresponsibility 6.9.2 Copies of Documents .2.2 Correction Period 13.12 Correction, Removal or Acceptance of Defective Work .i general 10.4.1.13.1043.14 Acceptance of Defective Work 13.13 Correction or Removal of Defective Work 6.30, 13.11 CorrectionPeriod 13.12 OWNER May Correct Defective Work 13.14 OWNER May Stop Work 13.10 Cost - of Tuts and Inspections 13.4 Records 11.7 Cost of the Work- Bonds and insurance, additional 11.4.5.9 Cash Discounts 11.4.2 CONTRACTOR'sFee 11.6 Employee Expenses 11.4.5.1 Exclusions to 11.5 General 11.4-11.5 Home office and overhead expenses 11.5 Losses and damages. 11 4.5.6 Materials and equipment 11.4.2 Minor expenses 11.4.5.8 Payroll costs on changes 11.4.1 performed by Subcontractors 11.4.3 Records 11.7 Rentals of eonsuuctionequipmemand machinery 11.4.5.3 Royalty payments, permits and license fees 11.4.5.5 Site office and temporary facilities 11.4.5.2 Special Consultants, CONTRACTOR'S 11.4.4 Supplemental 11.4.5 Taxes related to the Work 11.4.5.4 Tests and Inspection 13.4 Trade Discounts. 11.4.2 Utilities, fuel and sanitary facilities 11.4.5.7 Work after regular hours 11.4.1 Covering Work 13.6-13.7 Cumulative Remedies 17.4 -17.5 Cutting, fining an d p 7.2 Data, to be furnished by OWNER 8.3 Day- defnitionof 17.2.2 Decisions on Disputes 9.11, 9.12 defective- definidonof 1.14 defectiveWork- Acceptance of 10.4.1,13.13 Correction or Removal of 10.4.1. 13.11 CorrectionPeriod 13.12 in general 13, 14.7. 14.11 Observationby ENGINEER. 9 . 2 OWNER May Stop Work. 13.10 Prompt Notice of Defects 13.1 Rejecting 9.6 Uncovering the Work 13.8 Definitions 1 Delays. 4.1, 6.29, 12.3 -12.4 Delivery of Bonds 2.1 Delivery of certificatesof insurance 2 . 7 Detenninationsfor Unit Prices 9.10 Differing Subsurfaceor Physical Conditions Notice of 4.2.3 ENGINEER'sReview 4.2.4 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Discrepancies- Reportingand Resolving 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement 16.1 -16.6 Arbitration 16.1 -16.5 general 16 Mediation 16.6 Dispute Resolution Agreement 16.1 -16.6 Disputes, Decisions by ENGINEER 9.11 -9.12 Documents- Copies of 2 . 2 Record 6.19 Reuse of 3.7 Drawings-definition of 1.15 Easements 4.1 Effectivedate of Agreement-defnitionof 1.16 Emergencies. 6.23 ENGINEER- as initial interpreter on disputes 9.11 -9.12 defnitionof 1.17 Limitationson authority and responsibilities 9.13 Replacemeatof 8.2 Resident ProjectRepresentative 9.3 ENGINEER'sConsultant- defmitionof 1.18 ENGINEER'a- authorit and responsibility,limitationson 9.13 Authorized Variations in the Work 9.5 Change Orders, rcsponsibilityfor 9.7, 10, 11. 12 Clarificationsand Interpretations 3.6.3.9.4 Decisions on Disputes 9.11 -9.12 defective Work, notice of 13.1 Evaluationof Substitute Items 6.7.3 Liability 6.32,9.12 Notice Work is Acceptable 14.13 Observations 6.30.2,9.2 OWNER'sRepresentative 9.1 Payments to the CONTRACTOR, Responsibilityfor 9.9, 14 Recommeodatioaof Payment 14.4.14.13 Responsibilities - Limitations on 9.11 -9.13 Review of Reports on Differing Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples. review responsibility 6.26 Status During Construction- authorized variations in the Work. 9.5 Clarificationsandlnterpretations 9.4 Decisions on Disputes 9.11 -9.12 Determinationson Unit Price 9.10 ENGINEERas Initial Interpreter 911 -9.12 ENGINEER'sResponsibilities 9.1 -9.12 7 Limitations on ENGINEER's Authority and Responsibilities 9.13 OWNER's Representative. 9.1 Project Representative 9.3 Rejecting Defective Work 9.6 Shop Drawings, Change Orders and Payments 9.7-9.9 Visits to Site .9.2 Unit Price Determinations 9.10 Visits to Site .9.2 Written consent required 7.2, 9.1 Equipment, Labor, Materials and 6.3-6.5 Equipment rental, Cost of the Work 11.4.5.3 EquivalentMateriats and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explorationsof physical conditions 4.2.1 Fee, CONTRACTOR'S --Costs-Plus 11.6 Field Order defmitionof 1.19 issued by ENGINEER 3.6.1.9.5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment- and Acceptance - 14.13 -14.14 Prior m, for cash allowances 11.8 General Provisions 17.3 -17.4 General Requirements- definitionof 1.20 principal references to 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice. 17.1 Guarantee of Work -by CONTRACTOR 6.30, 14.12 Hazard CommunicationPrograms 6.22 Hazardous Waste- definition of 1.21 general 4.5 OWNER'sresponsibiliryfor 8.10 Indemnification 6.12, 6.16.6.316.33 Initially Acceptable Schedules 2.9 Inspeetion- Certificatesof 9.13.4, 13.5, 14.12 Final 14.11 Special, required by ENGINEER 9.6 Tests and Approval 8.7,13.3 -13.4 Insurance - Acceptance of, by OWNER 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work 2.7 Bonds and--in general. 5 CanceilationProvisions. 5.8 Cenificatesof 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4,14.12 completed operations 5.4.13 CONTRACTOR'sLiability 5.4 CONTRACFOR'sobjectionto coverage 5.14 Contractual Liability 5.4.10 8 deducuble amounts, CONTRACTOR'sresponstbility 5.9 Final Application for Payment 14.12 Licensed Insurers 5.3 Notice requirements, material changes 5.8, 10.50 Option to Replace. 5.14 other special insurances 5.10 OWNER as fiduciary for insureds 3.12 -5.13 OWNER's Liability 5.5 OWNER's Responsibility 8.5 Partial Utilization, Property insurance 5.15 Property 5.6 -5.10 Receipt and Applicationof Insurance Proceeds 5.12 -5.13 Special Insurance 5.10 Waiver of Rights 5.11 Intent of Contract Documents 3.1 -3.4 InterpretationsaM Clarifications. 3 6.3, 9.4 Investigationsof physical conditions 4.2 Labor, Materials and Equipment 6.3-6.5 Lands- and Easements 8.4 Availabiliryof 4.1, 8.4 Reports & Tests 8 4 Laws and Regulationa-Laws or Regulations- Bonds 5.1 -5.2 Changes in die Work 10.4 ConrractDocumetvs 3.1 CONTRACTOR'sResponssibilities 6.14 CorrectionPeried, defective Work 13.12 Cost of the Work, taxes 11.4.5.4 definition of 1.22 general 6.14 Indemnification 6.316.33 Insurance 5.3 Precedence. 3.1, 3.3.3 Reference to 3.3.1 Safety and Protection 6.20, 13.2 Subcontractors,Suppliers and Others 6.8-6.11 Tests and Inspections 13.5 Use of Premises 6.16 Visits to Site .9.2 LiabilityInsurance- CONTRACTOR's 5.4 OWNER's .5.5 Licensed Sureties and Insurers. 5.3 Liens - Applieationfor Progress Payment 14.2 Contractor's Warranty of Title 14.3 Final Applicationfor Payment 14.12 defmlbnof 1.23 Waiver of Claims 14.15 Limitations Oil ENGINEER 's authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized. 4.2.2 Maintenanceand Operating Manuals- Final Applicationfor Payment 14.12 Manuals (of others)- Precedence. 3.3.3.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Reference to in Contract Document& Materials and equipment - furnished by CONTRACTOR 6.3 not incorporated in Work 14.2 Materials or equipment-equivalent 6.7 Mediation (Optional) 16.7 Milestones- defutitionof 1.24 Misccllancow- Computationof Times 17.2 Cumulative Remedies 17.4 Giving Notice 17.1 Notice of Claim 17.3 ProfessionalFees and Court Costs Included 17.5 Multi-prime contracts 7 Not Shown or Indicated 4.3.2 Notice of Acccptabilityof Project. 14.13 Award, defudtionof 1.25 Claim. 17.3 Defects 13.1 Differing Subsurface or Physical Conditions 4.2.3 Giving 17.1 Tess and Inspections 13.3 Variation, Shop Drawing and Sample 627 Notice to Proceed - defuition of 1 26 giving of 2.3 Notificationto Surety 10.5 Observations,by ENGINEER 6.30, 9.2 Occupancy of the Work 5.15, 6.30.2.4, 14.10 Omissions or acs by CONTRACTOR. 6.9, 9.13 "Open peril" policy form, Insurance _. 5.62 Option to Replace. 5.14 "Or Equal" Items .6.7 Other work 7 Overtime Work- prohibilionof 6.3 OWNER - Acceptance of defective Work 13.13 appoint an ENGINEER 82 as fiduciary 5.12.5.13 Availability of lands, responsibility 4.1 definitionof 1.27 data,futnish 3.3 May Correct Defective Work 13.14 May refuse to make payment. 14.7 May Stop the Work 13.10 may suspend work, terminate 8.8, 13.10, 15.1 -15.4 Payment, make prompt 8.3, 14.4, 14.13 performance of other Work 7.1 permits and licenses, requirements. 6.13 purchased insurance requirements. 5.6-5.10 OWNER's- Acceptance of the Work 6.30.2.5 Change Orders, obligationto execute. 8.6, 10.4 Communications 8.1 Coordinationof the Work 7.4 Disputes, request for decision 9.11 3.3.1 Inspections, tests and approvals 8.7, 13.4 Liability Insurance 5.5 Notice of Defects 13.1 Representative -During Construction, ENGINEER'sStatus 9.1 Responsibilitier- Asbestos, PCB's, Petroleum, Hazardous Waste on RadioacuveMatenal 8.10 Change Orders 8.6 Changes in the Work 10.1 communications 8.1 CONTRACTOR'sresponsibilities 8.9 evidence of financial arrangements 811 inspections, tests and approvals 8.7 Insurance 8.5 lands and easements 8.4 promptpayment by 8.3 replacememof ENGINEER. 8.2 reports and tests 8.4 stop or suspend Work 8.8, 13.10, 15.1 tertninateCONTRACTOR'sservices 8.8,15.2 separate representative at site 9.3 indepetdenttesting 13.4 use or occupancy of the Work 5.15,14.10 written consent or approval required 9.1,6.3,11.4 written notice required. 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs - definition of 1.29 general 4.5 OWNER's responsibility for 8.10 Partial Utilization - defmilionof 1.28 general 6.30.2.4,14.10 Property Insurance 5.15 Patent Fees and Royalties 6.12 Payment Bonds 5.1 -5.2 Payments, Recommendationof 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Appiicationfor Progress Payments 14.2 CONTRACI'OR'sWarrantyofTide 14.3 Final Applicationfor Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 -14.14 general .8.3, 14 Partial Utilization 14.10 Retainage. 142 Review of Apphcationsfor Progress Payments 14.4 -14.7 promptpayment. 8.3 Schedule of Values 14.1 Substantial Completion 14.8 -14.9 Waiver of Claims 14.15 when payments due 14.4, 14.13 withholding payment 14.7 PerformanceBonds 5.1 -52 Permits 6.13 9 Petroleum - defudtionof 1.30 general 4.5 OWNER's responsibility for 8.10 Physical Conditions - Drawings of, in or relating to 4.2.1.2 ENGINEER's review 4.2.4 existing structures 4.2.2 general 4.2.1.2 Subsurface and 4 2 Underground Facilities 4.3 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports and Drawings 4.2.1 Notice of Differing Subsurface or 4 2.3 Subsurface and .4.2 Subsurface Conditions 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 4.2.2 Underground Facilities general 4.3 Not Shown or Indicated. 4.3.2 Protection of 4.3, 6.20 Shown or Indicated 4.3.1 Technical Data 4.2.2 PreconstructionConference 2.8 Preliminary Matters 2 Preliminary Schedules 2.6 Premises, Use of 6.16 -6.18 Price. Change of Contract 11 Price, Contract- definitionof 1.11 Progress Payment, Applications for 14.2 Progress payment- retainage 14.2 Progress schedule, CONTRACTOR's 2.6, 2.8, 2.9.6.6, 6.29, 10.4. 15.2.1 Project - definition of 1.31 Project Representative- ENGINEER's Status During Construction 9.3 Project Representative, Resident - definition of 1.33 prompt payment by OWNER 8.3 Property Insurance Additional 5.7 general 5.6 -5.10 Partial Utilization 5.15, 14.10.2 receipt and applicationof proceeds 5.12 -5.13 Protection, Safety and 6.20-6.21,13.2 Punch list 14.11 Radioactive Material - defudtion. 1.32 general A.5 OWNER's responsibilityfor 8.10 Recommendationof Payment 14.4, 14.5, 14.13 Record Documents 6.19, 14.12 Records, procedures for maintaining 2.8 Reference Points A.4 Reference to Standards and Specifications of Technical Societies 3.3 10 Regulations, Laws and(or) 6.14 Rejecting Defective Work 9.6 Related Work - at Site 7.1 -7.3 Performed prior to Shop Drawings and Samples submittals review 6.28 Remedies, cumulative 17.4, 17.5 Removal or Correctionof Defective Work 13.11 rental agreements, OWNER approval required. 11.4.5.3 replacementof ENGINEER, by OWNER .8.2 Reporting and Resolving Discrepancies. 2.5, 3.3.2, 6 14.2 Reports- - and Drawings. 4.2.1 and Tests, OWNER's responsibility 8.4 Resident Project Representative - definitionof 1.33 provision for .9.3 Resident Superinrendent,CONTRACTOR'e 6.2 Responsibilitiea- CONTRACTOR's-ingeneral 6 ENGINEER's-ingeneral 9 Limitations on 9.13 OWNER's -in general 8 Retamage. 14.2 Reuse of Documents 3 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 6.25 Review of Applications for Progress Payments 14.4-14.7 Right to an adjustment 10.2 Rights of Way 4.1 Royalties, Patent Fees and 6.12 Safe Structure l Loading 6.18 Safety - and Protection 4.3.2, 6.16, 6.18, 6.20-6.21,7.2, 13.2 general .6.20-6.23 Representatsve,CONTRACTOR's 6.21 Samples - defmition of 1.34 general A.24 -6.28 Review by CONTRACTOR 6.25 Review by ENGINEER 6.26, 6.27 related Work. 6.28 submittal of 6.24.2 submittal procedures 6.25 Schedule of progress 2.6,2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawings and Sample Submittals 2.6, 2.8 -2.9, 6.24 -6.28 Schedule of Values 2.6,2.8- 2.9,14.1 Schedules - Adherence to 15.2.1 Adjusting 6.6 Change of Contract Times 10.4 Initially Acceptable 2.8 -2.9 Preliminary 2.6 Scope of Changes 10.3 -10.4 Subsurface Conditions 4.2.1.1 Shop Drawings and Samples, general 6.24-6.28 Change Orders & Applications for Payments, and 9.7-9.9 definition of 1 35 ENGINEER'sapproval of 3.6.2 ENGINEER's responsibility for review 9.7, 6.24 -6.28 related Work 6.28 review procedures 2.8, 6.24-6.28 submittal required 6.24.1 Submittal Procedures 6.25 use to approve substitutions 6.7.3 Shown or Indicated 4.3.1 Site Access 7.2, 13.2 Sae Cleanliness 6.17 Site, Visits to- by ENGINEER 9.2. 13.2 by others. 13.2 *Special causes of loss' policy form, insurance 5.6.2 Specifications- defudtionof 1.36 of Technical Societies, reference to 3 3 1 precedence 3.3.3 Standards and Specificationsof Technical Societies 3.3 Starting Construction,Before 2.5 -2.8 Starting the Work 2.4 Stop or Suspend Work - by CONTRACTOR by OWNER Storage of materials and equipment. Structural Loading, Safety Subcontractor- Concerning. 6.8 -6.11 defutitionof 1.37 delays 12.3 waiver of rights 6.11 Subcontractors-in general 6.8.6.11 Subcontracts - required provisions 5.11, 6.11, 11.4.3 Submittals- Application for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Schedules 2.6,2.9 Samples 6.246.28 Schedule of Values 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions. 2.6, 2.8 -2.9 Shop Drawings 6.24-6.28 Substantial Completion - certificationof 6.30.2.3,14.8 -14.9 defnidonof 1.38 Substitute ConstructiooMethodsorProcedures 6.7.2 Substitutes and 'Or Equal" Items. 6.7 CONTRACTOR'sExpense 6.7.1.3 ENGINEER'sEvaluation 6.7.3 'Or- Equal' 6.7.1 Substitute Constructionmethods of Procedures. 6.7.2 15.5 8.8, 13.10,15.1 4.1, 7.2 6.18 11 Substitute Items 6.7.1.2 Subsurface and Physical Conditions- Drawings of, in or relating to 4.2.1.2 ENGINEER'sReview 4.2.4 general 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions 4.2.3 Physical Conditions 4.2.1.2 Possible ContractDocuments Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports aid Drawings 4.2.1 Subsurface and 4.2 Subsurface Conditions at the Site A2.1.1 Technical Data 4.2.2 Supervision - CONTRACTOR's responsibility 6.1 OWNER sha0 not supervise 8.9 ENGINEER shall not supervise 9.2, 9.13.2 Superintendence b.2 Superin ent,CONTRACTOR's resident 6.2 Supplemental costs 11.4.5 SupplementazyCondidons- defmitionof 1.39 principal reference to 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3, 5.4, 5.6 -5.9, 5.11, 6.8. 6.13. 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents 3.6 Supplier defmitionof principal references to 1.40 3.7, 6.5, 6.8 -6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights 6.11 Surety- consent to final payment 14.12,14.14 ENGINEER as no duty to 9.13 Notificad000f 10.1,10.5, 15.2 qualificationof 5.1-5.3 Survival of Obligations 6.34 Suspend Work, OWNER May 13.10,15.1 Suspension of Work and Termination- 15 CONTRACTORMay Stop Work or Terminate 15.5 OWNER May Suspend Work. 15.1 OWNER May Terminate 15.2 -15.4 Taxes- Paymeotby CONTRACTOR 6.15 Technical Data- Limited Reliance by CONTRACTOR. 4.2.2 Possible Price and Times Adjustments 4.2.6 Reports of Differing Subsurface and Physical Conditions 4.2.3 Temporary consuuctionfacilities 4.1 Termination- by CONTRACTOR. 15.5 by OWNER 8.8, 15.1 -15.4 ofENOINEER'semployment 8.2 Suspension of Work- ingeneral 15 Terms and Adjectives 3.4 Tests and Inspections- Access to the Work, by others 13.2 CONTRACTOR'S responsibilities 13.5 cost of 13.4 covering Work prior to 13.6 -13.7 Laws and Regulations(or) 13.5 Notice of Defects 13.1 OWNER May Stop Work. 13.10 OWNER's independent testing 13.4 special, required by ENGINEER. 9.6 timely notice required. 13.4 Uncovering the Work, at ENGINEER's request 13.8 -13.9 Times - Adjusting 6.6 Change of Contract 12 Computationof 17.2 Contract Times-definition of 1.12 day 17.72 Milestones. 12 Requirements- appeals 16 clarifications,claims and disputes 9.11, 11.2, 12 commencementofcontracttimes 2.3 preconstructionconference 2.8 schedules 2.6, 2.9, 6.6 starting the Work 2.4 Title, Warranty of 14.3 Uncovering Work 13.8 -13.9 UtdergroundFacilities, Physical Conditions - definition of 1.41 Not Shown or Indicated 4.3.2 protection of 43, 6.20 Shown or Indicated. 4.3.1 Unit Price Work - claims 11.9.3 defmitionof 1.42 general 11.9, 14.1, 14.5 Unit Prices- general 11.3.1 Determinationfor 9.10 Use of Premises 6.16, 6.18, 6.30.2.4 Utility owners 6.13, 6.20, 7.1- 7.3,13.2 12 Utilization, Partial 1.28, 5.15, 6.30.2.4, 14.10 Value of the Work 11.3 Values, Schedule of 2.6, 2.8 -2.9, 14.1 Variations in Work -Minor Authorized 6.25, 6.27, 9.5 Visits of Site -by ENGINEER 9.2 Waiver of Claims --on Fuel Payment 14.15 Waiver of Rights by insured parties 5.11, 6.11 Warranty and Guarantee, General -by CONTRACTOR 6.30 Warranty of Tide, CONTRACTOR's. 14.3 Work- Access to 13.2 by others 7 Changes in the 10 Continuing the 6.29 CONTRACTORMay Stop Work or Terminate 15.5 Coordinationof 7.4 Cost of the 11.4 -11.5 definition of 1.43 neglected by CONTRACTOR 13.14 other Work 7 OWNER May Stop Work 13.10 OWNER May Suspend Work 13.10,15.1 Related, Work at Site 7.1 -7.3 Starting the 2.4 Stopping by CONTRACTOR 15.5 Stopping by OWNER 15.1 -15.4 Variations d deviationauthorized, minor 3.6 Work Change Directive- claims pursuant to 10.2 definition of 1.44 principal references to 3.5.3,10.1 -10.2 Written Amendment definitional 1.45 principal references to 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,10 1,10.4,11.2,12.1,13.12.2,14.72 Written Clarifcationsand Interpretations. 3.6.3, 9.4, 9.11 WrittenNotice Required- - by CONTRACTOR 7.1,9.10-9.11,10.4, 11.2. 12.1 by OWNER 9.10 - 9.11,10.4, 11.2, 13.14 GENERAL CONDITIONS ARTICLE 1— DEFINITIONS • thereeA Whenever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed- defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement—The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Applicarion for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid—The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposal Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds — Performance and Payment bonds and other instruments of security. 1.9. Change Order`A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract ,Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Docwnems —The Agreement, Addenda (whichpertainto the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 13 1.12. Contract Times —The numbers of days or the dates stated in the Agreement:(i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CON7RACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings'as so defined. 1.16. Effective Date of She Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultara —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements — Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens— Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to rim and on which CONTRACTOR shall start to perform CON - TRACTOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs— Polychlorinatedbiphenyls. 1.30. Petroleum— Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non - Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 14 1.33. Resident ProjectRepresentative—The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples— Physical examples of materials, equipment or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —A11 drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor—An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completionthereof. 1.39. Suppkmentary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialmanor vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, Liquid petroleum products, telephone or other conmtunica- dons, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment –A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.46. Day - A "calendar clay" unless otherwise defined within these Contract Documents. 1.47 Furnish or Install or Provide or Supply - 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 perfoms the Work indicated, unless specificallvlimited in the context. ARTICLE 2 — PRELI IINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten ' copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice 15 to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR ahallntav start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times conunence to run. Before StartingConstruetfon: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon gainst all applicable field measurements and conditions. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be -liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into componentparts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.6.3.1. Where a Contract or Bid Item is awarded 00 a lump sum basis. the Contractor shall file with the Engineer a balanced price segregation of his lump sum bid into items similar to the various subdivisions of the general and detailed specifications die sum of which shall equal the lump 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 progress estimates. Breakdown cost itemized by trade and specification section and distribute cost to individual applicable units and structures. Where structures, units, equipment, or other comtx+nents are identified by a specific series or identification number. utilize said designation throughout cost breakdown. Provide detailed breakdown for individual yard piping or conduit runs and identify approximate quantities involved to satisfaction of the Engineer. Provide separate breakdown for change order items or items requested. Provide an additional breakdown sheet, equivalent to AIA document G703, showing the tabulation format for stored materials. Submit this sheet each month with Contractor's pay request breakdown. The detail and thrmat of cost breakdown and stored materials tabulation sheet shall be fully approved by Engineer. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. fter Notice of Award, hut before any Work at the site is started a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. 2.9.1. For Progress Schedule, see Specification Section 01060. For Schedule of Shop Drawings, see Section 01340. 16 ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well -known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.2.1. The Specifications may vary in font, format and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part dependitR on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making claims for extra Work. 3.2.2 The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to co rdinae the entire work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 1 whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON - TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instructionof any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR }mew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performanceof the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms as ordered," "as directed," as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to 17 describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER 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 9.13 or any other provision of the Contract Documents. Amending and SupplementingContractDocuments: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented. and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretationor clarifica- tion (pursuant to paragraph9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verificationor adaptionby ENGINEER. ARTICLE4— AVAILABILITYOF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR'spurposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 18 4.2.2.2. other data, interpretations,opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data' or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- dons: If CONTRACTORbelieves that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER'sReview: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtainingadditional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible ContractDocuments Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR' s cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR }mew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entidement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other projector anticipatedproject. 4.3. Physical Conditions lities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for: (1) reviewing and checking all such informationand data, (ii) locating all UndergroundFacilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground 19 Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or RadioactiveMaterial: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. 20 ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACTOR'sLiabflity Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON - TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 1 6.12, 6.16 and 6.31 through 6.33. 21 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions iseucd (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions evidence satisfactory to OWNER and any such additional insured of continuationof such insurance at final payment and one year thereafter). 5.4.14. With respect to all insurance required by this paragraph 5.4., CONTRACTOR agrees to waive all rights of subrogation against OWNER, ENGINEER, and each additional insured identified in the General Conditions. OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against. claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, -OWNER-CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk 'all -risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falseworkand Work in transit and shall insure against at least the following perils_ fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcementof Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER within thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by OWNER or CONTRACTOR in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior notice has been given to OWNER and CONTRACTOR and to each other additional insured issued —and will contain waiver provisions in accordance with paragraph5.11. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 22 5.11. WaiverofRights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by _ such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, datnage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or other insurance to protect such other party's interests at, the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utiltod on—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. 5.15.1 All insurance required by the Contract Docmnents, or by laws or regulations shall remain in full force and effect on 23 all phases of the Work. whetter or not the Work is occupied or utilized by OWNER until all Work included in the agreement has been completed and final payment has been made. 5.15.2. Nothing contained in the insurance requirements shall be construed as limiting the extent of CONTRACTOR's responsibility for payment of damages resulting from CONTRACTOR's operations under the Contract. CONTRACTOR agrees that CONTRACTOR 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 OWNER or ENGINEER shall not operate to the contrary. ARTICLE 6— CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Esteept In the absence of any Federal, state or local laws. regulations or covenants, the CONTRACTOR may conduct its performance of the Work at the CONTRACTOR's sole discretion, except that the cost of any overtime pay or other expense incurred by the OWNER for Resident Project Representative and construction observation services, occasioned by the conduct of Work on Saturday, Sunday. any legal holiday, or as overtime on any regular work day, shall be reimbursed to the OWNER by the CONTRACTOR. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.4.1. Where the Work requires equipment be 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 acconunodate the particular equipment offered. CONTRACTOR's hid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of ENGINEER 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All items of standard equipment shall be the latest model at the time of delivery. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or- Equal "Items: 24 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specificationor description is intended to establish the type, function and quality required. Unless the specificationor descriptioncontains or is followed by words reading that no like, equivalent or "or- equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or-Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be consideredby ENGINEER as an "or- equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished withoutcompliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substituteltems: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or- equal" item under subparagraph6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON - TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporationor use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the applicationand available maintenance, repair and replacement service will be indi- cated. The applieationwill also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be consideredby 1 1 1 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR'5Expense: All data to be provided by CONTRACTOR in support of any proposed "or- equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or- equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.7.4. See Section01640. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, againstwhom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the 25 Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER'S or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR' sown acts and omissions. Nothing in the Contract Documents shall _ create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other persons and organizationsperformingor furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identification of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'scompliancewith any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or 26 Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligationsunder paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR'sperfortnanceof the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. CONTRACTOR shall include accurate locations for buried and imbedded items. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own - ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard .communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. 27 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit required Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.1.1. Shop Drawings submitted as herein pmvidedhv CONTRACTOR and reviewed by ENGINEER for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by OWNER. 6.24.1 2. When Shop Drawings are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CONTRACTOR from requirements shown on the Drawings and Specifications. 6.24.1.3. For - Information -Only- For -Future -Use submittals upon which the ENGINEER is not expected to conduct review or take responsive action may be so identified in the Contract Drawings. 6.24.2. CONTRACTOR shall also submit required Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.24.3. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and ENGINEER fads same to be in the interest of OWNER and to be so minor as not to involve a change in the Contract Price or time for performance ENGINEER 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. CONTRACTOR shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work. 6.24.4. See Section 01340. 6.25. SubmittalProcedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto. 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installationpertainingto the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 28 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON - TRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission CONTRACTOR shall give ENGINEER specific written notice of such variations if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. variation: otherwise CONTRACTOR will not be relieved of the responsibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed. 6.25.4. Shop Drawings and Sample submittals not conforming to requirements of this paragraph 6.25 and Section 01340 will be returned to CONTRACTOR without action for resubmittal and the resulting delay shall be entirely the responsibility of CONTRACTOR. 6.25.5. See Section 01340. 6.26. ENGINEER will review and approve required Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of required Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.27.1. ENGINEER's check and review of Shop Drawings and Samples, specificathns and descriptive literantre submitted by CONTRACTOR will be only for general conformance with design concept, except as otherwise provided, and shall not be construed as: 6.27.1.1. permitting any departure from the Contract requirements: 6.27.1.2. relieving CONTRACTOR of the responsibility for any error in details, dimensions or otherwise that may exist in such submittals; 6.27.1.3. constituting a blanket approval of dimensions, Quantities, or details of the material or equipment shown; or 6.27.1.4. approving departures from additional details or instructions previously furnished by ENGINEER. Such check or review shall not relieve CONTRACTOR of the full responsibility of meeting all of the requirements of the Contract Documents. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR, Continuingthe Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- 29 gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observationsby ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correctionof defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnifiedparty by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused solely by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 30 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR .makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and malting available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of 31 OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work, ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. 9.3.1. ENGINEER's Resident Project Representative shall not authorize any deviation from the Contract Documents or substitutions of materials or equipment, unless authorized by ENGINEER. Clanfreationsand Interpretations: 9.4. ENGINEER will issue with reasonable promptness written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 or Article 12. Authorized Variations in Work 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. The acceptance, at any time. of materials or equipmenthv or on behalf of OWNER shall not be a bar to future rejection if they are subsequently found to be defective, inferior in quality, or uniformity to material or equipment specified, or are not as represented to ENGINEER or OWNER. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10,11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinationsfor Unit Prices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, 32 "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14-15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the •Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitationson ENGINEER sAuthorltyandResponsibllities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organizationperform - ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentationrequired to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10— CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall 33 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (11) required because of acceptance of defective Work under paragraph 13.13, or correcting defective Work under paragraph 13.4, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. 10.6. Change Proposal Request 10.6.1. When OWNER requests CONTRACTOR to present a proposal to accomplish a change in the Work, the request will be made in the form of a Change Proposal Request (CPR) prepared by ENGINEER. The CPR will describe the change and request CONTRACTOR to propose a cost and Contract Time change. CONTRACTOR will propose cost and time changes, provide a breakdown for the costs, sign the CPR and return it to ENGINEER. ENGINEER will make recommendations to OWNER concerning acceptance. If the CPR is approved by OWNER. the CPR will he included in a Change Order. CONTRACTOR is not authorized to proceed with a change contained in a CPR until the Change Order is propel Iv signed and issued. 10.6.2. When the CONTRACTOR desires to propose changes to the Work. it may initiate a CPR in the same form as provided in Paragraph 10.6.1. and submit the CPR to the ENGINEER for the ENGINEER's review and recotnmendatiou. ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement 3a to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full -time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited m, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportationand mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR'S fee. If, however, any such loss or damage requires reconstructionand CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 35 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON - TRACTOR's officers, executives, principals (of partnership and sole proprietorships),general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'sprincipal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classificationsreferredto in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- -ered administrativecosts covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent. 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR' s fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1,11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be-allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR' s costs for unloading and han- dling on the site, labor, installationcosts, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 36 Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the establishedunit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. Work described in the Contract Documents but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as a part of the unit price. 11.9.3. OWNER or CONTRACTOR may stake a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12— CHANGE OF CONTRACT TIME 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.1.1. No extension of the Contract Time will he allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. 12.2. All time limits stated in -the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of paragraph GC -12.3. and grant extensions to the ContractTime for any reason OWNER deems valid. 12.3.2. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of norntal intensity for the locality where Work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena. a determination shall he made by comparing the weather for at least any continuous one - fourth of the Contract Time involved with the average of the preceding 5 -year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or 37 organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC1TVEWORK 13.1. Notice Of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual know- ledge will be given to CONTRACTOR. All defective Work may be rejected corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); &tielo-}dor OWNER shall be entitled to accept defective Work and be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11, in which case CONTRACTOR shall still be responsible for all costs associated with exposing, observing. and testing the defective Work. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure. ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- 38 ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1 If within one year after the date of Substantial completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work, or if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 1 r 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 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work amibutable to the exercise by OWNER of OWNER's rights and remedies hereunder. 39 ARTICLE 14-- PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER' s interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to Contractor indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 40 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR' s performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set -off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and 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 a I 1 1 1 1 CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative List of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 41 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for fatal payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work from which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been and completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendationand notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspectionpursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER and /or ENGINEER other than those previously made in writing and still unsettled. ARTICLE 15— SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be 42 resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; Laws and Regulations, terminate the services of OWNER will Provide written notice to CONTRACTOR and Surety to arrange a conference with CONTRACTOR and Surety to address CONTRACTOR'S failure to perform the Work. Conference shall he held not earlier than 17) days, nor later than 15 days, after receipt of notice. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 the OWNER. the CONTRACTOR. and the Surety do not agree to allow the CONTRACTOR to proceed to perform the Construction Contract. the OWNER may, to the extent permitted by Laws and Regulations, declare a CONTRACTOR Default and formally tenninate the CONTRACTOR's right to complete the Contract. CONTRACTOR Default shall not be declared earlier than 20 days after the CONTRACTOR and Surety have received notice of conference to address CONTRACTOR:s failure to perform the Work. If CONTRACTOR'S services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of notice to CONTRACTOR that the services of CONTRACTOR have been terminated, or if Surety has taken ovet for CONTRACTOR and while prosecuting the Work in lieu of CONTRACTOR. any one or more of the events cited in 15.2.1. through 15.2.4. occur. then OWNER. without process or action at law, may take over any portion of the Work and complete it as described below. If OWNER completes the Work. OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the she and use the saute to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. Whether OWNER or Surety completes the Work, CONTRACTOR shall not he entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims. costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work. such excess will be paid to CONTRACTOR. If such claims, costs. losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims. costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph. OWNER shall not be required to obtain the lowest price for the Work performed. Neither OWNER. ENGINEER. nor any of their respective consultants, agents, officers, directors or employees shall he in any way liable or accountable to CONTRACTOR or Surety for the method by which the completion of the said Work. or any portion thereof, may be accomplished or for the price paid therefore. OWNER, notwithstanding the method used in completing the Contract, shall not forfeit the right to tecover damages from CONTRACTOR or Surely for CONTRACTOR's failure to timely complete the entire Contract. CONTRACTOR shall not be entitled to any claim for damages on account of the method used by OWNER in completing the Contract. 43 Maintenance of the Work shall continue to be CONTRACTOR's and Surety's responsibilities as provided for in the bond tequirements of the Contract Documents or airs special guarantees movided for under the Contract Documents or any other obligations otherwise prescribed by law. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (withoutduplicationof any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permittedby this paragraph. ARTICLE I6— DISPUTE RESOLUTION OWNER and CONTRACTOR may exercise such rights or remedies as either may have under the Contract Documents or by Laws or Regulations in respect to resolution of anv dispute, subject to Paragraphs GC -9.10, 9.11, and 9.12. ARTICLE 17— MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or 44 act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. ProfessionalFees and Court Costs included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolutioncosts. [The remainder of this page was left blank intentionally.] 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR Dated For use with FsJCDC No. 1910 8(1990 ed.) OWNER and CONTRACTOR hereby agree that Article 16 45 16.4. Except as provided in paragraph 16.5 below, no NE R's Consultant and the officers, directors, agents, em eentract-unlcss: 16.1.2. such other person or entity is substantially in 16.1.3. the written con ;ont of the other person or entity n 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 1 - DEFINITIONS SECTION 00805A SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend and supplement Section 00700 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are amended or supplemented remain in full force and effect as so amended or supplemented. All provisions of the General Conditions which are not so amended or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions. Amendments and Supplements The following are instructions that amend or supplement specific paragraphs in the General Conditions and other Contract Documents. SC -1.33 Add the definition of OWNER'S Site Representative to be stated as follows: 00805A —1 SC- 1.33.1 Owner's Site Representative: The authorized representative of OWNER who may be assigned to the site or any part thereof. ARTICLE 2 - PRELIMINARY MATTERS SC -2.2. Amend the first sentence of paragraph GC -2.2. by striking out "ten copies," and substituting "five copies." ARTICLE 4 - AVAILABILITY OF LANDS, SUBSURFACE, AND PHYSICAL CONDITIONS; REFERENCE POINTS. SC -4.2. Add a new paragraph 4.2.1.3 which should read as follows: 4.2.1.3. The following are reports of explorations and tests of subsurface conditions at the site of the Work: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00805A — 2 SC -4.4. Reference Points 4.4.1. CONTRACTOR shall, at his own expense, employ a registered engineer or licensed land surveyor to give to CONTRACTOR lines and elevations for CONTRACTOR's use in constructing the Work. The registered ENGINEER or licensed land surveyor shall furnish to ENGINEER, through CONTRACTOR, a signed plat certifying to the location and elevations of the Work indicating ties and closure to baseline and datum bench mark. 4.4.1.1. Provide plat(s) for facilities certifying layout is at plan location. 4.4.1.2. Provide plat(s) for facilities certifying facilities are constructed at plan location. ARTICLE 5 - BONDS AND INSURANCE SC -5.4. The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations: 5.4.1. and 5.4.2. Workers' Compensation, etc., under paragraphs 5.4.1. and 5.4.2 of the General Conditions. (1) State: Statutory. (2) Applicable Federal (e.g., Longshoreman's): Statutory. (3) Employer's Liability: $100,000. 5.4.3., 5.4.4., and 5.4.5. CONTRACTOR's Liability Insurance under paragraphs 5.4.3. through 5.4.5. of the General Conditions, which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of CONTRACTOR: (1) General Aggregate (Except Products -- Completed Operations) $1,000,000. (2) Products -- Completed Operations Aggregate $1,000,000. (3) Personal and Advertising Injury (Per Person/Organization) $1,000,000. (4) Each Occurrence (Bodily Injury and Property Damage) $1,000,000. (5) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. (6) Excess Liability General Aggregate $1,000,000. Each Occurrence $1,000,000. 5.4.6. Automobile Liability. (1) Bodily Injury: July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 or $250,000. Each Person $500,000. Each Accident Property Damage: $100,000. Each Accident (2) Combined Single Limit (Bodily Injury and Property Damage): $600,000. Each Accident SC- 5.6.2. At the end of Paragraph 5.6.2., add the following sentence: Additional perils are as follows: explosion, and underground exposures. 00805A — 3 5.4.7. The entities listed below are "additional insureds as their interest may appear" including their respective offices, directors, agents and employees. OWNER: City of Round Rock ENGINEER: HDR Engineering, Inc. SC- 5.4.10. The Contractual Liability coverage required by paragraph 5.4.10 of the General Conditions shall provide coverage for not less than the following amounts: . (1) General Aggregate $1,000,000. (2) Each Occurrence (Bodily Injury and Property Damage) $1,000,000. SC- 5.4.15. Add a new paragraph at the end of paragraph GC- 5.4.14., which is to read as follows: 5.4.15. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, CONTRACTOR shall purchase and maintain for OWNER at CONTRACTOR's expense OWNER's Protective Liability insurance naming OWNER as the named insured with ENGINEER and ENGINEER's consultants as additional insured. Said insurance will protect said parties against claims which may arise from operations under the Contract Documents. This coverage shall be in the same company which provides CONTRACTOR's liability insurance coverage, and in the same minimum amounts. The entities listed below are "additional insured as their interest may appear" including their officers, directors, agents, and employees. OWNER: City of Round Rock ENGINEER: HDR Engineering, Inc. SC -5.5 Delete paragraph 5.5." Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00805A — 4 ARTICLE 6 - CONTRACTOR's RESPONSIBILITIES SC -6.15. Add new paragraph immediately after paragraph GC -6.15 which is to read as follows: 6.15.1. Owner is an exempt organization as defined by Chapter 11, Property Tax Code of Texas, and is hereby exempt from payment of sales taxes under Chapter 151 of the Limited Sales, Excise, and Use Tax, revised Civil Statutes of Texas. Contractor may purchase all materials incorporated into realty in the performance of this Contract without paying sales tax in accordance with State Comptroller's Rule 3.291. CONTRACTOR will be liable for payment of the limited sales and use tax if CONTRACTOR uses tangible personal property in some other manner or for some other purposes than that listed above, and shall pay the tax based on the price paid for the tangible personal property. In the event of changes in the work, CONTRACTOR's charges to the OWNER for any material incorporated into the project in excess of the quantity provided for in the Agreement will be no less than the price paid for such material by the CONTRACTOR. In order for CONTRACTOR to purchase consumable materials by issuing a resale certificate in lieu of payment of sales tax: CONTRACTOR will transfer title of consumable, but not incorporated, materials to OWNER at the time and point of receipt by the CONTRACTOR, and no use may be made of the materials prior to passage of title. CONTRACTOR will be paid for these materials by OWNER as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. CONTRACTOR's monthly pay request will state that the request includes consumables that were received during the month covered by the estimate. A representative of OWNER must be notified as soon as possible of the receipt of these materials so that an inspection may be made by the representative. Where practical, the materials will be labeled as the property of "THE CITY OF ROUND ROCK, TEXAS." SC -6.35. Add new paragraph immediately after paragraph GC -6.34 which is to read as follows: 6.35 Wages 6.35.1 CONTRACTOR and each subcontractor shall prepare payrolls for the Workers on the Project. Not later than the seventh (7th) day following the payment of wages, the CONTRACTOR shall transmit to the OWNER, if requested, a certified legible copy and two confirmed copies of such payrolls. 6.35.2 CONTRACTOR and each Subcontractor shall pay all Workers not less than the hourly rates set forth in the rate schedule set forth in Section 00830. CONTRACTOR July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00805A — 5 shall post at appropriate conspicuous points at the site of the Project a schedule showing the wage rates for the various classes of Workers to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually eamed by the Workers so engaged. 6.35.3 CONTRACTOR and each subcontractor shall pay each Worker in full not less often than once each two weeks. 6.35.4 CONTRACTOR agrees that, in the case of underpayment of wages to any Worker on the Project by the CONTRACTOR or any Subcontractor, OWNER may withhold from the CONTRACTOR out of payments due, and amount sufficient to pay such Worker the difference between the wages required to be paid under the Agreement and the wages actually paid such Worker for the total number of hours worked and that OWNER may disburse such amount so withheld by it for and on account of the CONTRACTOR to the Worker to whom such amount is due. CONTRACTOR further agrees that the amounts to be withheld pursuant to this article may be in addition to other amounts that may be retained by OWNER pursuant to other provisions of the Contract Documents. 6.35.5 The wages of each Worker shall be computed on the basis of eight (8) hours per day, eight (8) hours continuous employment except for meal periods, constituting a day's work. Legal holiday work shall be paid for at the regular governing per diem wage rates. Work in excess of 40 hours per week shall be paid for at 1 -1/2 times the basic rate of pay. CONTRACTOR shall pay any and all costs associated with overtime work at no additional cost to the Owner. 6.35.6 CONTRACTOR shall comply with Texas Worker's Compensation Commission Rule 28 TAC Article 110.110. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.3.2. OWNER's Site Representative shall have the responsibilities and authorities as outlined for the Resident Project Representative (RPR) per Article 9. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.8. Add a new paragraph immediately after paragraph GC -14.8. which is to read as follows: 14.8.1. For purposes of determining substantial completion, see Section 01650. Add a new paragraph immediately after paragraph GC -14.8. which is to read as follows: 14.8.2. If parts of the Work have been determined to be not acceptable for Substantial Completion requiring additional Work by CONTRACTOR and re- inspection or retesting by ENGINEER, the cost of such re- inspection or retesting including time, travel and Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 00805A — 6 living expense shall be paid by CONTRACTOR to OWNER who will reimburse ENGINEER. OWNER may offset said monies by deducting that amount from payments due to CONTRACTOR. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00830 PREVAILING WAGE RATES 00830 —1 (See attached information from the State General Services Commission and the accompanying Wage Rate Determinations.) END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 11 1 1 1 1 1 1 WRI000 G e n e r a l Services Commission 1711 San Jacinto - P.O. Box 13047 Austin, Texas 78711 -3047 Web Site: www.gsc.state.tx.us (512) 463-3035 CHAIRMAN ■lpl,Onm Jackson VICE-CHAIRMAN COMMISSIONERS awn de tos Santos °Hokin Vidal Rom. PE. Barber Roam Gone Shun E%ECUTIVE DIRECTOR Torn 'Roadway Pertinent Information to All Public Entities Using Prevailing Wage Rate Determinations Produced by the General Services Commission The public body awarding any contract for non - federally funded, public works construction projects (regardless of size or dollar value) shall include in bid documents and contract documents a prevailing wage rate determination of per diem wages for the locality in which the work is to be performed, for each craft or type of workman or mechanic needed to execute the contract. The Prevailing Wage Rate Determination is defined as (1) the Prevailing Wage Rate Determination Information letter (document number WR1001), (2) the Prevailing Wage Rate Determination for Building Construction Trades, (3) the Worker Classification Definition Sheet (document number WR1002), and (4) the Department of Labor (DOL) Heavy Highway Determination. The DOL Heavy Highway rates are to be paid to workers engaged in work determined to be five (5) feet beyond the building, extending to the property boundary. $2. It shall be the responsibility of the contracting entity to ensure that the General Contractor posts the applicable Prevailing Wage Rate Determination in a prominent, easily accessible place at the work site. It shall be the responsibility of the contracting entity to ensure that not less than the posted, specified rates are paid to all classifications of workmen, mechanics and laborers employed by the General Contractor and/or Subcontractors in the execution of their contract with the contracting entity. It shall be the responsibility of the contracting entity to take cognizance of wage rate disputes and/or complaints of all violations of the provisions of Chapter 2258, Texas Government Code, Title 10. Any General Contractor or Subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. 11 4. Some Prevailing Wage Rate Determinations for Building Construction Trades may indicate $0.00 in the `Total Wage' column, rather than a dollar amount. In such cases, The General Services Commission did not receive sufficient survey data for this worker classification, in the specified area, and can not provide a 1 prevailing wage rate for this classification. Where this occurs, General Contractors and Subcontractors shall not be bound to a prevailing wage rate., 1 5. Use of Prevailing Wage Rate Determinations are not necessary for maintenance work or for projects on which the contracting entity's own personnel is performing the work. Maintenance work is defined as regular and ongoing projects for which the contractor maintains the equipment or products over a specified I period of time. An example of maintenance work would be a contract with a mechanical contractor to replace filters, oil, coolants, valves, etc., on a regularly scheduled basis. M Equal OsporY+,le Enplerr 1 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 Chapter 2258, Texas Government Code Title 10 requires that state agencies (including universities), cities, counties, independent school districts, and all other political subdivisions that engage in public works construction projects produce and include prevailing wage rate determinations in the project bid documents and in the construction contract. Pursuant to the requirements of this statute, the General Services Commission Wage Rate Determination Program has ascertained the following wages are to be paid for the various classifications of workers, in the locality of this project. Workers on this project shall not be paid an amount less than the listed hourly rate for the various classifications of work required by this project. The Worker Classification Definition Sheet should help identify classifications for workers involved in the project. Workers in classifications where rates are not identified, or in classifications not found on the Worker Classification Definition Sheet shall be paid a wage not Tess than the general prevailing wage rate of "laborer". Building construction wage rates shall be paid to all workers, except those workers engaged in site work and construction beyond five feet of buildings. The hourly rate for legal holiday and overtime work shall be of an amount not less than one and one -half (1 1/2) times the base hourly rate. The rates specified are joumeyman rates. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer. This rate shall be commensurate with the experience and skill of the worker, but at a rate of not less than 60% of the journeyman's wage, as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be enrolled in a certified program and shall be under the direct supervision of a journeyman, working as a crew. Note: The terms journeyman and apprentice apply to both union and independent workers, and are not intended to imply that these positions are union workers only. Welders shall receive the rate prescribed for the craft performing the operation to which the welding is incidental, as defined on the Worker Classification Definition Sheet. WRIC01 PH.4 rot _papa, General Services Commission 1711 San Jacinto - P.O. Box 13047 Austin. Texas 78711 -3047 Web Site: www.gsc.state.tx.us (512) 463-3035 PREVAILING WAGE RATE DETERMINATION INFORMATION (To Be Included in Bid Package) awRMAN Alphonse VICECFWRMAN Ramiro 'Rae Guzman COMMISSIONERS ado de lo, Samoa Dro d° YdoI Roma, P.E. HUN= Gems Stm Ge t EXECUTIVE DIRECTOR Tonareac way M Equal Opportunity Employer bestos Worker Worker who removes and disposes of asbestos materials. rpenter Worker who builds wood structures, or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim. rpet Layer/Flooring Installer Worker who installs carpet and/or floor coverings - vinyl tile. to Finisher Worker who floats, trowels, and finishes concrete. Data Communication/Telecom Installer Worker who installs data/telephone and television cable and associated equipment and accessories. Drywall Installer/Ceiling Installer Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings. Electrician Skilled craftsman who installs or repairs electrical wiring and devices. Includes fire alarm systems, and HVAC electrical controls. Elevator Mechanic Craftsman skilled in the installation and maintenance of elevators. Fire Proofing Installer Worker who sprays or applies fire proofing materials. lazier Worker who installs glass, glazing and glass framing. Heavy Equipment Operator Includes but not limited to all Cat tractors, all derrick - powered, all power operated cranes, back hoe, back filler, power operated shovel, winch truck, all trenching machines. Insulator Worker who applies, sprays, or installs insulation. Iron Worker Skilled craftsman who erects structural steel framing and installs structural concrete Reber. Laborer/Helper Worker qualified for only unskilled or semi - skilled work. Lifting, carrying materials and tools, hauling, digging, clean -up. Lather/Plasterer Worker who installs metal framing and lath. Worker who applies plaster to lathing and installs associated accessories. Light Equipment Operator Includes but not limited to air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14 cf), conveyer. , Mason Craftsman who works with masonry products, stone, brick, block, or any material substituting for those materials and accessories. Metal Building Assembler Worker who assembles pre-made metal buildings. Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps. Painter/Wall Covering Installer Worker who prepares wall surfaces and applies paint and/or wall coverings, tape and bedding. Pipefitter Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers, and associated mechanical equipment. Plumber Skilled craftsman who installs domestic hot and cold water piping, waste piping, storm system piping, water closets, sinks, urinals and related work. Roofer Worker whe installs roofing materials, Bitumen (asphalt and cold tar), felts, fleshings, all types roofing membranes and associated products. `Sheet Metal Worker Worker who installs sheet metal products. Roof metal, fleshings, and curbs, ductwork, mechanical equipment, and associated metals. Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment. errazzo Worker Craftsman who places and finishes Terrazzo. rle Setter I surfaces. Worker who prepares wall and/or floor surfaces and applies ceramic tiles to these aterproofer /Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled, or brushed on. 1 1 1 1 1 1 1 1 1 1 WRIOO2 CLASSIFICATION Rate Health Pension Vacation Total Wage WORKER $8.78 $0.00 $0.00 $0.00 $878 CARPENTER $15.52 $1.57 $0.97; $0.00 $18.06 CARPET LAYER/FLOORING INSTALLER $8.00 $0.00 $O.00i $0.001 $0.00 $0.00 $8.00 $10.27 CONCRETE FINISHER $10.27 $0.00 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.501 $0.05 $13.39 DRYWALL INSTALLER/CEILING INSTALLER $10.91 $0.00 $0.00' $0.00 $10.91 ELECTRICIAN $17.44 $2.16 $1.05 $1.05 $21.70 ELEVATOR MECHANIC $16.75 $3.85 $2.19 $1.50 $24.29 $8.00 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 GLAZIER - $13.60 $2.24 $1.15 $0.54 $17.53 HEAVY EQUIPMENT OPERATOR $10.56 $0.00 $0.00, $0.00 $10.56 INSULATOR $13.75 $1,16 $0.92! $0.03 $15.85 IRON WORKER $12.18 $0.00 $0.001 $0.00 $12.18 LABORER/HELPER $7.48 $0.02 $0.001 $0.00 $7.51 LATHER/PLASTERER $12.50 $0.00 $O.00j $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.00 $7.75 $16.00 MASON $16.00 $0.00 $0.00! $0.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00! $0.34 $11.96 MILLWRIGHT $15.91 , $1.63 $1.00 $0.00 $18.54 PAINTER/WALL COVERING INSTALLER $8 $0.00 $0.00! $0.00 $8.00 $21.32 PIPEFITTER $18.10 $1.42 $1.80' $0.00 PLUMBER $12.68 $0.00 $0.00' $0.00 $12.68 ROOFER $10.00 $0.00 $0.001 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55! $0.33 $23.67 SPRINKLER FITTER $18.25 $3.40 $2.20j $0.00 $23.85 TERRAZZO WORKER $0.00 $0.00 $0.001 $0.00 $0.00 $15.32 TILE SETTER $15.00 $0.32 $0.001 $0.00 WATERPROOFERJCAULKER $10.64 $0.00 $0.00 $0.00 $10.64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COUNTY NAME : WILLIAMSON Date Printed : April 15, 1997 $0.00 in the rate field indicates insufficient data was received to determine a prevailing wage rate for this classification. Govemment Code Title 10, Section 2258.023, paragraph C states: 'A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided in Section 2258.022.' I Property of General Services Commission Based on 1996 Survey Results PREVAILING WA GE RATE DETERMINATION BUILDING CONSTRUCTION TRADES 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL DECISION TX960043 03/15/96 TX43 General Decision Number TX960043 Superseded General Decision No. TX950043 State: TEXAS Construction Type: HEAVY HIGHWAY County(ies): BELL CORYELL BEXAR GUADALUPE BRAZOS HAYS COMAL McLENNAN Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES. Modification Number Publication Date 0 03/15/1996 COUNTY(ies): BELL CORYELL BEXAR GUADALUPE BRAZOS HAYS COMAL McLENNAN SUTX2042A 11/16/1991 Rates AIR TOOL OPERATOR 6.500 ASPHALT HEATER OPERATOR 6.500 ASPHALT RAKER 7.011 ASPHALT SHOVELER 6.550 BATCHING PLANT WEIGHER 8.173 BATTERBOUARD SETTER 7.700 CARPENTER 9.054 CONCRETE FINISHER - PAVING 8.60 CONCRETE FINISHER - STRUCTURES 7.903 CONCRETE RUBBER 6.740 ELECTRICIAN A 13.71 FLAGGER 5.150 FORM BUILDER - STRUCTURES 8.017 FORM LINER- PAVING & CURB 7.250 FORM SETTER - PAVING & CURB 7.683 FORM SETTER - STRUCTURES 7.928 LABORER - COMMON 6.078 LABORER- UTILITY 6.852 MECHANIC 10.774 OILER 9.389 TRAVIS WILLIAMSON TRAVIS WILLIAMSON Fringes SERVICER 7.280 PAINTER - STRUCTURES 10.000 PILEDRIVER 6.600 PIPE LAYER 7.229 BLASTER 9.067 ASPHALT DISTRIBUTOR OPERATOR 7.304 ASPHALT PAVING MACHINE 7.945 BROOM OR SWEEPER OPERATOR 7.117 BULLDOZER, 150 HP & LESS 8.125 BULLDOZER, OVER 150 HP 8.593 CONCRETE PAVING CURING MACHINE 7.633 CONCRETE PAVING FINISHING MACHINE 9.067 CONCRETE PAVING GANG VIBRATOR 7.250 CONCRETE PAVING SAW 6.200 SLIPFORM MACHINE OPERATOR 8.700 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.427 CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 9.880 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 10.475 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.923 FRONT END LOADER 2 1/2 C.Y. & LESS 7 FRONT END LOADER OVER 2 1/2 C.Y. 8.255 HOIST - DOUBLE DRUM 10.750 MOTOR GRADER OPERATOR 9.657 PAVEMENT MARKING MACHINE 6.078 PLANER OPERATOR 7.250 ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS 7.083 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 6.403 ROLLER, PNEUMATIC, SELF PROPELLED 6.433 SCRAPER -17 C.Y. & LESS 7.245 SCRAPER -OVER 17 C.Y. 7.495 SELF PROPELLED HAMMER OPERATOR 6.078 SIDE BOOM 9.000 TRACTOR- CRAWLER TYPE 7.539 TRACTOR - PNEUMATIC 6.707 TRENCHING MACHINE 6.850 WAGON - DRILL /BORING MACHINE /POST HOLE DRILLER OPERATOR 6.926 REINFORCING STEEL SETTER PAVING 8.158 REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER - STRUCTURAL 9.242 SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BARRICADE SERVICER WORK ZONE 6.078 MOUNTED SIGN INSTALLER PERMANENT GROUND 6.078 TRUCK DRIVER - SINGLE AXLE LIGHT 6.493 TRUCK DRIVER - SINGLE AXLE HEAVY 6.674 TRUCK DRIVER - TANDEM AXLE SEMI- TRAILER 6.824 TRUCK DRIVER - LOWBOY /FLOAT 8.041 TRUCK DRIVER - TRANSIT MIX 6.078 WELDER 8.824 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. END OF GENERAL DECISION • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 1 GENERAL REQUIREMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL SECTION 01060 SPECIAL CONDITIONS 01060 —1 1.01 PRECONSTRUCTION CONFERENCE A. A preconstruction conference shall be held after award of Contract. Engineer will notify the Contractor as to the date and time of the conference 2 weeks in advance of the proposed date. Contractor's Project Manager and Project Superintendent and Contractor's Subcontractor Representatives shall attend. 1.02 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE A. Refer to General Conditions. B. Contractor shall pick up all "no- charge" documents within 10 days from date of - Notice to Proceed. Owner will furnish Contractor two (2) sets of conforming Contract Documents and specifications and four (4) sets of Plans "no- charge" documents. C. Additional documents after "no- charge" documents will be furnished to Contractor at cost plus 20% for handling. 1.03 GOVERNING CODES All construction as provided for under these Plans and Specifications shall be governed by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or revisions thereto as set forth by the Owner. 1.04 USAGE OF WATER All water used during construction shall be provided by the Owner. The Owner shall specify the location from which the Contractor is to procure water. The Contractor shall be responsible for providing all apparatus necessary for procuring, storing, transporting and using water during construction. The Contractor shall strive to•use that amount of water which is reasonable to perform the work associated with this contract and shall endeavor to avoid excessive waste. The Contractor will be required to pay for all water used if it is found that unnecessary or excessive waste is occurring during construction. 1.05 CROSSING UTILITIES Prior to commencing the work associated with this contract, it shall be the Contractor's responsibility to make arrangements with the Owners of such utility companies to uncover their particular utility lines or otherwise confirm their location. Certain utility companies perform such services at their own expense, however, where such is not the case, the Contractor will cause such work to be done at his own expense. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01060 -2 1 1.06 UTILITY SERVICES FOR CONSTRUCTION The Contractor will be responsible for providing his own utility services while performing the work associated with this contract. No additional payment will be made for this item. 1.07 GUARANTEES The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for the period that the Maintenance Bond, as outlined in 1.17 of this section, is in effect. Upon notice from Owner, the Contractor shall repair defects in all construction or materials which develop during specified period and at no cost to Owner. Neither final acceptance, Certificate of Completion, final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor. 1.08 MINIMUM WAGE SCALE Contractors are required to pay prevailing wage rates to laborers, workmen and mechanics employed on behalf of the Owner engaged in the construction of public works as defined in Section 00830. The wage rate for these jobs shall be the general prevailing wage rates for work of a similar character. This applies to Contractors and Subcontractors. The Contractors and Subcontractors shall keep and make available records of workers and their wages. Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that the prevailing wage rate is not paid by the Contractor or any Subcontractor. 1.09 LIMIT OF FINANCIAL RESOURCES The Owner has a limited amount of financial resources committed to this Project; therefore, it shall be understood by all bidders that the Owner may be required to change and/or delete any items which he may feel is necessary to accomplish all or part of the scope of work within its limit of financial resources. Contractor shall be entitled to no claim for damages anticipated profits on any portion of work that may be omitted. At any time during the duration of this contract, the Owner reserves the right to omit any work from this contract. Unit prices for all items previously approved in this contract shall be used to delete or add work per change order. 1.10 CONSTRUCTION REVIEW The Owner shall provide a project representative to review the quality of materials and workmanship. 1.11 LIMITS OF WORK AND PAYMENT It shall be the obligation of the Contractor to complete all work included in this Contract, so authorized by the Owner, as described in the contract documents and technical July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 specifications. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 01060 — 3 1.12 "AS- BUILT" DRAWINGS The Contractor shall mark all changes and revisions on all of his copies of the working drawings during the course of the Project as they occur. Upon completion of the Project and prior to final acceptance and payment, the Contractor shall submit to the Engineer one set of his working drawings, dated and signed by himself and his project superintendent and labeled as "As- Built ", that shows all changes and revisions outlined above and that shows field locations of all above ground appurtenances including but not limited to valves, fire hydrants and manholes. These as -built drawings shall become the property of the Owner. Each appurtenance shall be located by at least two (2) horizontal distances measured from existing, easily identifiable, immovable appurtenances such as fire hydrants or valves. Property pins can be used for as- builts tie -ins provided no existing utilities as previously described are available. Costs for delivering as -built drawings shall be subsidiary to other bid items. 1.13 LAND FOR WORK Owner provides, as indicated on Drawings, land upon which work is to done, right -of- way for access to same and such other lands which are designated for use of Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. 1.14 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES Whenever existing utilities, not indicated on Plans, present obstructions to grade and alignment of proposed improvements immediately notify engineer, who without delay, will determine if existing utilities are to be relocated, or grade and alignment of proposed improvements changed. Where necessary to move existing services,poles, guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make arrangements with the owner of the utility to be moved and have it moved. The costs of any utility relocations will be at the Contractor's sole expense. Owner will not be liable for relocations costs or damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of the work. 1.15 CONSTRUCTION STAKING All construction staking required to complete the work associated with this contract shall be provided by the Contractor. The Contractor shall be responsible for determining the layout and extent of staking necessary to construct the improvements to the lines and grades shown in the Plans. This item shall not be paid for separately and shall be considered subsidiary to other bid items. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01060 — 4 1.16 TRAFFIC CONTROL Access shall be provided for residents and emergency vehicles at all times. When it becomes necessary to restrict access, the Contractor shall notify all applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of traffic shall be opened to the public. The Contractor shall be responsible for all maintenance, signing and safety precautions necessary for traffic control. This item shall be considered subsidiary to other bid items and no additional compensation shall be given for complying with this Special Condition. 1.17 MAINTENANCE BOND Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming the City of Round Rock as obligee will be required for public streets constructed without lime stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for two (2) years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety or other surety or sureties acceptable to the Owner prior to final payment. A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the contract price will be required for all other improvements and shall be submitted prior to final payment. Such bonds shall be from an approved surety company holding a permit from the State of Texas to act as surety (and acceptable according to the latest list of companies holding certificates of authority from the Security of the Treasury of the United States) or other surety or sureties acceptable to the Owner prior to final payment. 1.18 TRANSPORTATION It is the responsibility of the successful contractor to transport all materials and equipment to and from the job site as needed. 1.19 CODES, PERMITS, AND LICENSES The successful bidder shall comply with National, State and Local codes and ordinances, and the terms and conditions of the services of the electrical utility as well as other authorities that may have lawful jurisdiction pertaining to the equipment and the installation thereof. None of the terms or provisions of this specification shall be construed as waving any of the rules, regulations or requirements of these authorities. The successful bidder shall obtain all necessary permits or licenses to fulfill the obligations as bid, and shall pay the lawful fee therefor, as well as for any inspection fee(s) or cost for any certificate of apparel(s). 1.20 PROJECT PHOTOGRAPHS A. At least once each month during construction of the work, provide progress pictures as directed by Engineer. Furnish two glossy prints and each negative, with all rights of reproduction, to Owner. Provide number of photographs as follows: 1. Ten photos per month. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01060 — 5 B. Contractor shall schedule and coordinate photographer with Owner's Field Representative. 1.21 TESTING A. Payment for Soil, Concrete and Other Testing: 1. Soils and concrete testing: The Owner will pay for "Passing" soils and "Passing" concrete tests on the Project. Costs of corrective action, costs of "Failing" soils and concrete tests, and cost of testing associated with establishment of mix design are the sole responsibility of the Contractor. 2. Other testing: Required testing, testing procedures, reports, certificates, and costs associated with all phases of securing required satisfactory test information which may be required by individual sections of Specifications or Drawings are the full responsibility of the Contractor. 1.22 ORDER OF CONSTRUCTION AND CONSTRUCTION SCHEDULE A. Construction operations will be scheduled to allow the Owner uninterrupted operation of existing adjacent facilities. Coordinate connections with existing work to ensure timely completion of interfaced items. B. At no time shall Contractor or his employees modify operation of the existing facilities or start construction modifications without approval of the Owner except in emergency to prevent or minimize damage. C. Within 10 days after award of Contract, submit for approval a critical path type schedule. Account for schedule of Subcontracts. Include proper sequence of construction, various crafts, purchasing time, shop drawing approval, material delivery, equipment fabrication, startup, demonstration, and similar time consuming factors. Show on schedule as a minimum, earliest starting, earliest completion, latest starting, latest finish, and free and total float for each task or item. Evaluate schedule not less than monthly. Update, correct, and rerun schedule and submit to Engineer in triplicate with pay application to show rescheduling necessary to reflect true job conditions. When shortening of various time. intervals is necessary to correct for behind schedule conditions, indicate steps to implement to accomplish work in shortest schedule. Information shall be submitted to Engineer in writing with revised schedule. D. If Contractor does not take necessary action to accomplish work according to schedule, he may be ordered by Owner in writing to take necessary and timely action to improve work progress. Order may require increased work forces, extra equipment, extra shifts or other action as necessary. Should Contractor refuse or neglect to take such action authorized, under provisions of this contract, Owner may take necessary actions including, but not necessarily limited to, withholding of payment and termination of contract. E. Upon receipt of approved "Work Schedule," within 10 days, submit to Engineer an estimated payment schedule by each month of project duration. Include a composite Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01060 — 6 curve to show estimated value of work complete and stored materials less specified retainage. Establish key months when work will be 50, 80, 90, and 100 percent complete. During the course of work, update with new composite curves at key months or whenever variation is expected to be more than plus or minus 10 percent. Retain original or previous composite curves as dashed curves on all updates. Include a heavy plotted curve to show ACTUAL payment curve on all updates. 1.23 PROJECT MEETINGS A. The Engineer will conduct construction meetings involving: 1. Contractor's project manager. 2. Contractor's project superintendent. 3. Owner's designated representative(s). 4. Engineer's designated representative(s). 5. Contractor's subcontractors as appropriate to the work in progress. B. Meetings conducted monthly. C. The Engineer will take meeting minutes and submit copies of meeting minutes to participants and designated recipients identified at the Preconstruction Conference. Corrections, additions or deletions to the minutes shall be noted and addressed at the following meeting. D. The Engineer will schedule meetings for most convenient time frame. E. The Engineer will have available at each meeting full chronological file of all previous meeting minutes. F. The Contractor shall have available at each meeting up -to -date record drawings. 1.24 SPECIAL CONSIDERATIONS A. Contractor shall be responsible for negotiations of any waivers or alternate arrangements required to enable transportation of materials to the site. B. Maintain conditions of access road to site such that access is not hindered as the result of construction related deterioration. 1.25 HISTORICAL AND ARCHAEOLOGICAL A. If during the course of construction, evidence of deposits of historical or archaeological interest is found, the Contractor shall cease operations affecting the find and shall notify the Owner. No further disturbance of the deposits shall ensue until the Contractor has been notified by the Owner that Contractor may proceed. 1.26 DISINFECTION A. Disinfection of all facilities will be in accordance with AWWA standards. B. For disinfection of all piping, see Sections 02660 and 15060. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 END OF SECTION 01060 -7 1.27 TEXAS DEPARTMENT OF TRANSPORTATION FORM 1082 A. Attached herein please find the Texas Department of Transportation Form 1082 and the Special Requirements for Installation of Utilities on Highway Right of Way. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 amtO Notice of Proposed Installation Utility Line on Controlled Access Highway Form 1082 (Rev.9 -93) (Previous versions) are obsolete.) I To the Texas Transportation Commission Date July l7 , 1997 c/o District Engineer I Texas Department of Transportation Austin Texas 1 Formal notice is hereby given that the City of Round Rock, Texas Company proposes to place a 16" encased water main line within the right -of -way of 7ntc rstath Highway 35 in Williamson ' Texas as follows: (give location, length, general design, etc.) The proposed 16 -inch water main will cross the I11-35 R.O.W. approximately 1,760 feet II north of Louis Henna Blvd. The total length of the main is 530.6 feet. The main will be encased by 30 -inch i.d. steel pipe with a minimum thickness of 1/2 inch. The boring and recovery pit will be located outside the IH -35 R.O.W. on easements acquired by the City of Round Rock. III The line will be constructed and maintained on the highway right -of -way as shown on the attached drawing and in accordance with the rules, regulations and policies of the Texas Department of Transportation (TxDOT), and all governing laws, including but not limited to the "Federal Clean Water Act," the "Federal Endangered Species Act," and the "Federal Historic Preservation Act." Upon request by TxDOT, proof of compliance with all governing laws, rules, and regulations will be submitted to TxDOT before commencement of construction. Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed ' installation, and we will revegetate the project area as indicated under "Revegetation Special Provisions." Our firm will insure that traffic control measures complying with applicable portions of the Texas Manual of Uniform I Traffic Control Devices will be installed and maintained for the duration of this installation. The location and description of the proposed line and appurtenances is more fully shown by complete sets of drawings attached to this notice. Construction of this line will begin on or after the 21 4t day of July 19 97 . I By signing below, I certify that I am authorized to represent the Firm listed below, and that the Firm agrees to the conditions /provisions included in this permit. II "44 7 � E..F r % i y.P.. 11 1 •*9 : *j 0 JAMES A. YURCZYK, • JR S 1 f q;, 82244 ee,, Firm By (Print) James Yurczyk Signature C am Title Address Phone No. HDR Engineering, Inc. 512 - 912 -5100 P.E. 221] South I11-35 Suite 300 Austin, TX 78741 County, Form 1082 (Rev. 09 -93) (Previous Versions Obsolete) To: CITY OF ROUND ROCK 2211 SOUTH IH-35, SUITE 300 APPROVAL AUSTIN, TX. 78741 Date JULY 25. 1997 00 - 9 - 1 o L c(P Hwy. No. T.H. 35 Beg.RM 250 Offset +1290M EndRM Offset Maintenance Section No. 012 WILLIAMSON PERMIT NO. 012-97-01187—UP The Texas Department of Transportation ('DcDOT) offers no objection to the location on the right -of -way of your proposed 30" BORE WITH 16" WATER line as shown by accompanying drawings and notice dated 7/17/97 except as noted below. Please notify JIM SACRATINI (512) 863 -3711 forty - eight (48) hours prior to starting construction of the line in order that we may have a representative present. Texas Department of Transportation By: / ! Q c 7/25/97 FORDistrict Engineer -- District No. AUSTIN 1 1 County 1 1 1 Your attention is directed to governing laws, especially to Article 6674w -1, Vernon's Annotated Civil Statutes of Texas, pertaining' to Control of Access. Access for serving this installation shall be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads or streets, (c) trails along or near the highway right -of -way lines, connecting only to an intersecting road; from any one or all of which entry may be made to the outer portion of the highway right -of -way for normal service and' maintenance operations. The Owner's rights of access to the through - traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except, however, if an emergency situation occurs and usual means of ar"PSs for normal service operations will not permit the immediate action required by the Utility Owner in making emergency repairs as required for the safety and welfare of the public, the Utility Owners shall have a temporary right of access to and from the through - traffic roadways and ramps as necessary to accomplish the required emergency repairs, provided TxDOT is immediately notified by the Utility Owner when such repairs are initiated and adequate provision is made by the Utility Owner for convenience and safety of highway traffic. It is expressly understood that the TxDOT does not purport, hereby, to grant any right, claim, title, or easement in or upon this highway: and it is further understood that the TxDOT may require the owner to relocate this line, subject to provisions of, governing laws, by giving thirty (30) days written notice. You are requested to notify this office prior to commencement of any routine of periodic maintenance which requires pruning of trees within the highway right -of -way, so that we may provide specifications for the extent and methods to govern in trimming,, topping, tree balance, type of cuts, painting cuts and clean up. These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences 1 to traffic and adjacent property owners. In the event the Owner fails to comply with any or all of the requirements as set forth herein, the State may take such action as it deems appropriate to compel compliance. 1 • General Special Provisions: SEE ATTACHED SHEETS OF SPECIAL PERMIT PROVISIONS. SPECIAL ATTENTION TO "BORING AND TUNNELING ". • Revegetation Special Provisions: In order to minimize erosion and sedimentation resulting from the proposed installation, the project area will be revegetated 1 ® in accordance with 1 cDOT's Standard Specification Item 164 which specifies the appropriate grass seed mix to be used, or - ❑ as indicated on the attachment. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Texas Department of Transportation Austin District SPECIAL REQUIREMENTS FOR INSTALLATION OF UTILTlLLS ON HIGHWAY RIGHT OF WAY (1) Coordination of Work with Highway Contractor or State Forces If any portion of related highway is under construction, no utility owner's forces or contractors shall enter within the highway right -of -way without first consulting the highway contractor and making necessary arrangements to coordinate installation of its facilities with highway construction. All work relative to installation of utility owner's facilities shall be conducted in such manner as not to interfere in any way with operations of the highway contractor. The above requirements with respect to coordination of work with highway contractors shall likewise apply to work being done by state forces. (2) Changes in Location of Proposed Utilities No changes shall be made in approved location of utilities within limits of highway right - of -way without prior authorization of Texas Department of Transportation. (3) Adjustment of Utility Poles and Appurtenances No deviations shall be made from the location of underground lines approved or designated by the Texas Department of Transportation either during planning or construction to avoid utility poles. Where such poles are adjacent to any proposed underground line, utility owner shall make necessary arrangements' with other utility owners for moving poles and appurtenances and/or supporting same during trenching operations. Any poles, anchors, etc. relocated to clear the proposed underground line shall be moved toward the highway right -of -way line and location shall be subject to the Texas Department of Transportation approval. (4) Submission of Project Drawings to State Prints of detailed drawings showing exact plan location and profile of underground lines shall be submitted to the Texas Department of Transportation well in advance of construction of line, for verification that location of line is in accordance with requirements specified herein. Utility Section Revised December 18, 1992 Page 1 of 7 (5) Staking of Utility Lines in Advance of Construction Utility lines shall be staked well in advance of construction of line so that the Texas Department of Transportation can inspect staking to verify that alignment conforms to requirements set out herein and that there is no conflict with highway facilities. Utility owner shall give the Department of Transportation no less than 48 hours notice ahead of time when staking of line will be completed. (6) Notification of Abandonment of Location Authorized by Permit and Assignment of Authorized Location of other Utility Owners It is expected that where the installation of utility line has been authorized, such installation will be made within a reasonable period after approval of permit, otherwise, the Department reserves the right to assign the location originally approved for the line to another utility. If construction of Utility line has not been started within 4 months after date of approval, the utility owners shall immediately notify the Texas Department of Transportation whether it is still intended to install the line and the date construction will commence. If the owner intends to abandon all or any part of the authorized location, the Department shall be informed accordingly so that such abandoned location may be assigned to other utilities if deemed necessary by the Department. (7) Inspection by Texas Department of Transportation Representatives Utility owners shall inform their forces or contractors that all utility installations authorized by utility agreement or permit shall be subject to such inspection and tests as may be deemed necessary by the Texas Department of Transportation to verify that work is being done in accordance with Texas Department of Transportation requirements. All supervisory personnel shall be instructed to furnish such information and cooperation as may be required to perform such inspection. (8) Copy of Permit at Job Site A copy of the approved permit shall be kept on the site of the work at all times when work is in progress. (9) Full -Time Supervision and Inspection The utility owner shall provide competent full -time on- the -site supervisors or inspectors for all utility installations either authorized by permit or covered by utility agreement with the Texas Department of Transportation. Utility Section Revised December 18, 1992 page 2 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (10) Incorrect Location of Utilities Any pipe incorrectly located during construction to conflict with any highway structure shall be removed and laid in proper location at the entire expense of utility owner. (11) Protection of Highway Facilities Daring Installation of Line All Construction operations relative to installation of the pipeline shall be conducted to such manner as to protect highway facilities from damage at all times. (12) Disposal of Excess Excavation and Clean Up Excess material from trench excavation shall be removed from highway right -of -way and job site cleaned up and left in satisfactory condition. (13) Repair and Replacement of Riprap and Earth Slopes Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap. Concrete riprap shall contain no less than 3 sacks of cement per cubic yard of concrete. Reinforcing steel shall conform to that of existing riprap. Slopes of highway cuts, embankments, and right -of -way damaged by any operations relating to installation of utility shall be repaired and restored to the exact contour existing prior to initiation of the utility project. All earth placed in the restoration of • slopes, etc., shall be compacted to a density equal to or greater than that of the original slope as directed by the Texas Department of Transportation representative. (14) Replacement of Base and Pavements Where removal of base and pavement has been authorized, all such base and pavement shall be replaced as directed by the Texas Department of Transportation representative. All existing pavement and related flexible or concrete base, which is to remain in service either permanently or temporarily, or to be incorporated as a part of the highway project, shall be replaced. Utility Section Revised December 18, 1992 Page 3 of 7 (15) Revegetation The permit holder is solely responsible for revegetation of all areas damaged or destroyed by utility construction. The utility owner will be held liable and responsible for such areas until growth is reestablished to the satisfaction of an authorized representative of the Texas Department of Transportation. Revegetation practices will consist of one or more of the following applications deemed necessary and appropriate by an authorized representative of the Texas Department of Transportation. Rate of type of application for seed mixture and for fertilizer be specified by an authorized representative of Texas Department of Transportation. Hydraulic blanket and matting shall be used where deemed necessary by an authorized Texas Department of Transportation representative. Coastal Bermudagrass Hay Mulch A mulch of Coastal Bermudagrass hay shall be spread uniformly at the rate of 2.0 T /acres. The area shall be hand mulched and anchored by cleating or crimping with a track machine. The area shall not be rolled with a rubber tire roller. Ornamental landscape plantings of trees, shrubs and grasses that are damaged or destroyed during construction of the utility for which the permit was issued shall be replaced by the Utility Owner with plant material of comparable size and quality approved by an authorized representative of the Texas Department of Transportation. Revegetation measures will begin as soon as practical. The Texas Department of Transportation reserves the right to require the immediate installation of revegetation measures whenever deemed necessary by an authorized representative of the Texas Department of Transportation. The Texas Department of Transportation reserves the right to require additional revegetation measures deemed necessary by and authorized representative of the Texas Department of Transportation at any time after construction has begun until the Texas Department of Transportation has accepted the erosion control measures and revegetation measures of the utility owner. (16) Installation of Lines Beneath Pavements No open cuts for pipe trenches shall be made across any pavement beneath main highway traffic lanes or turning lanes, acceleration lanes, deceleration lanes and other similar facilities unless specifically authorized by the Texas Department of Transportation. Pipe shall be installed by boring and tunneling and boring shall be cased and pressure grouted to seal voids between casing and adjacent earth. No open cuts will be permitted across such connections where pavement has been constructed without written permission of the Texas Department of Transportation . Utility Section Revised December 18, 1992 Page 4 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (17) Casing of Lines Utility lines carrying liquids or gases under pressure may be installed uncased in accordance with the Texas Department of Transportation Utility Accommodation Policy. Water line crossing beneath culverts shall be cased and casing shall project 5' beyond outside limits of culvert. Voids and casing placed by tunnelling or boring shall be pressure grouted. (18) Use of Explosives No explosives shall be used within limits of Highway right -of -way without written permission of the Texas Department of Transportation . Requests for permission to use explosives shall include the following information: (a) Location of highway where use of explosives is proposed. (b) Type and amount of explosives to be used. If the use of any explosives is permitted, all blasting operations must be conducted in such manner as to completely protect adjacent property and the traveling public and not interfere with highway traffic. No blasting will be permitted in the vicinity of any structures or beneath any pavements which are to remain in use. (19) Protection of Highway Traffic, Barricades, Warning Signs,Etc. No construction operations relative to installations of utilities will be permitted within the limits of existing pavements carrying traffic, or shoulders adjacent thereto, unless specifically authorized by the Texas Department of Transportation. Excavated materials shall be kept off pavement at all times. Barricades, warning signs, flares, flashing devices and flagmen shall be provided by the utility owner or his contractor when necessary. (20) Protection of Existing Utilities (a) Prior to selecting a location for a proposed installation or accepting a location suggested by the State for such installation, the Utility Company shall take all necessary steps to determine that the location is not already occupied by another utility and to determine that no damage will be done to existing utilities. (b) Prior to beginning actual construction operations, the utility company shall notify all other utility companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities. Utility Section Revised December 18, 1992 page 5 of 7 (21) Use of Plastic Pipe and Nonmetallic Pipe Where nonmetallic pipe is installed longitudinally, a metal wire shall be concurrently installed or other means shall be provided for detection purposes. (22) Above Ground Appurtenances to Underground Utilities (23) Markers Above ground installation, such as pedestals, fire hydrants, meters, etc., installed as a part of an underground utility shall be located at or near the right -of -way, well outside the highway maintenance operation area. The utility company shall place a readily identifiable and suitable marker at each right -of- way line for highway crossings except where marked by a vent. (24) Erosion Control The permit holder is solely responsible for the control of any eroding materials that are the result of the construction of the utility for which the permit was issued. Temporary Erosion Control Geofab silt fence or comparable product approved by an authorized representative of the Texas Department of Transportation shall be installed surrounding spoil sites, fill piles and excavated areas to control runoff or siltation of materials into surrounding areas. Coastal Bermudagrass hay bales, when approved by an authorized Texas Department of Transportation representative, may be used in non - critical construction areas to surround spoil sites, fill piles and excavated areas to control runoff or siltation of materials into surrounding areas. Permanent Erosion Control Whenever an underground utility crosses the centerline of a drainage channel or enters the flow line of a drainage channel, a concrete cap or comparable permanent protection approved by an authorized representative of the Texas Department of Transportation shall be required. The Texas Department of Transportation reserves the right to require any additional erosion control measures that are deemed necessary by an authorized representative of the Texas Department of Transportation at any time after construction has begun until the Texas Department of Transportation has accepted the erosion control measures and revegetation measures of the utility owner. Utility Section Revised December 18, 1992 page 6 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (25) General Provision The Department will not be responsible for damage to this line by maintenance or construction machinery. (26) Protection of Trees Within Highway Right -of -Way All construction operations relative to installation of utilities shall be conducted in such manner as to protect trees from damage at all times. Location of trees shall be noted on plans submitted with permit request. Utilities placed within the dripline of desirable trees shall be bored or hand dug to prevent root damage.and•loss of trees. Tree trimming shall be in accordance with Texas Department of Transportation Guidelines. Utility Section Revised December 18, 1992 page 7 of 7 Boring and Tunneling (A) General Requirements Pipelines crossing under surfaced roads and roads carrying traffic within limits of highway right -of -way shall be placed by boring or tunneling unless otherwise specifically authorized by the Texas Department of Transportation. Boring or tunnels shall be placed at such depths below bottom of pavements as to provide sufficient depth of soil above hole for supporting superimposed live and dead loads and also prevent collapse of supporting soil between hole and pavements due to any boring, tunneling, or casing jacking operations. Boring and /or tunneling shall extend past roadway crown lines and outside of any shoulders adjacent to pavements._ Pits excavated for boring or tunneling operations shall be located so that possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specified herein. All operations and equipment relative to tunneling and boring shall be confined to areas outside of roadway shoulders and away from edges of pavements by suitable barricades. Barricades shall be maintained clear of shoulders at all times except that in no case clear of curb be less between than • barricades and edge of,p avement or face N8 feet. (B) Boring Where material beneath pavement is sandy or unstable and will be subject to caving, hole for casing shall be bored and cased simultaneously and bored material removed through casing. Cutting face of auger or drill shall not project more than 6 inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving, hole for casing may be bored first and casing inserted in hole immediately after completion of boring if permitted by the Texas Department of Transportation. Water shall not be used in conjunction with drilling if it in any way causes stable material to case or become unstable. (C) Tunneling While hole is being tunneled, casing shall be jacked into place as operations progress except as hereinafter specified. utility section December 31, 1992 Where necessary to use sectionalized steel liner plates, each successive ring of plates shall be placed in position and completely bolted into place as soon as excavation is completed far enough ahead of completed casing to receive the next ring. Working face of excavation shall not precede advancing end of casing by more than 2 1/2 feet unless otherwise permitted by the Texas Department of Transportation. No explosives shall be used within the limits of highway right -of -way in conjunction with tunneling except as specified under "Use of Explosives" covered elsewhere in accompanying specifications. (D) Grouting All voids around casing shall be pressured grouted with grout consisting of Portland Cement and washed sand and containing not less than 6 sacks of Portland Cement per cubic yard of grout. Additional cement shall be added in workability and /or stability cannot be obtained with the proportions indicated. An air entraining agent may also be added to the grout mixture to facilitate flow if necessary. Grouting shall be done immediately after casing has been installed in order to avoid andy shearing of soil and settlement of overburden above casing. Mean's shall be provided for proving that voids are filled around 24" diameter and larger casings in the event there is some doubt by the Texas Department of Transportation that voids are being filled. On reinforced concrete casing this may consist of holes drilling around inside of perimeter of casing and fitted with removable plugs. On steel casing, removable threaded plugs may be provided at intervals around inside perimeter of casing. No holes shall be drilled in pavements or shoulders for grouting operations. Utility section December 31, 1992 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 1 1 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA & SAMPLES; OPERATION & MAINTENANCE MANUALS; AND MISCELLANEOUS SUBMITTALS PART 1 - GENERAL 01340 —1 1.01 SUMMARY A. General: 1. Section Addresses: a. Mechanics and administration of the submittal process for shop drawings, operation and maintenance manuals, and miscellaneous submittal items. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Sections in Divisions 2 through 16 identifying required submittals. 1.02 DEFINITIONS A. Shop Drawings: 1. See General Conditions. 2. Product data and samples are Shop Drawing information. B. Miscellaneous Submittals: 1. Submittals other than Shop Drawings: 2. Representative types of miscellaneous submittal items include but are not limited to: a. Construction schedule. b. Concrete, soil compaction, and pressure test reports. c. HVAC test and balance reports. d. Installed equipment and systems performance test reports. e. Manufacturer's installation certification letters. f. Instrumentation and control commissioning reports. g. Warranties. h. Service agreements. i. Construction photographs. j. Survey data. k. Cost breakdown (Schedule of Values). 1.03 TRANSMITTALS A. Shop Drawings and Operation and Maintenance Manuals: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01340 — 2 1. Transmit all submittals to: HDR Engineering, Inc. 2211 South IH -35, Suite 300 Austin, TX 78741 Attn: Jim Yurczyk, P.E. 2. Utilize two copies of attached Exhibit "A" to transmit all shop drawings, product data and samples. 3. Utilize two copies of attached Exhibit `B" to transmit all Operation and Maintenance Manuals. 4. All transmittals must be from Contractor and bear his approval stamp. Transmittals will not be received from or returned to subcontractors. a. Shop drawing transmittal stamp shall read "(Contractor's Name) has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval as stipulated under General Conditions Paragraph 6.25.1." Transmittals will not be received from or returned to subcontractors. b. Operation and Maintenance Manual transmittal stamp may be Contractor's standard approval stamp. 5. Provide submittal information defining specific equipment or materials utilized on the project. Generalized product information not clearly defining specific equipment or materials to be provided will be rejected. 6. Calculations required in individual specification sections will be received for information purposes only and will be returned stamped "E. Engineer's Review Not Required" to acknowledge receipt. 7. Submittal schedule: a. Schedule of shop drawings: 1) Submitted and approved within 20 days of receipt of Notice to Proceed. 2) Account for multiple transmittals under any specification section where partial submittals will be transmitted. b. Shop drawings: 1) Submittal and approval prior to 50 percent completion. c. Operation and Maintenance Manuals and Equipment Record Sheets: 1) Initial submittal within 60 days after date shop drawings are approved. B. Miscellaneous Submittals: 1. Transmit under Contractor's standard letter of transmittal or letterhead. 2. Submit in triplicate or as specified in individual specification section. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01340 — 3 3. Transmit to: HDR Engineering, Inc. 2211 South IH -35, Suite 300 Austin, TX 78741 Attn: Jim Yurczyk, P.E. 4. Provide carbon copy of letter of transmittal to Owner's Resident Project Representative. a. Exception for concrete, soils compaction and pressure test reports. 1) Transmit one copy to Resident Project Engineer. 2) Transmit one copy to location and individual indicated above for other miscellaneous submittals. 1.04 PREPARATION OF SUBMITTALS A. Shop Drawings: 1. Scope of any letter of transmittal: a. Limited to one Specification Section. b. Do not submit under any Specification Section entitled (in part) "Basic Requirements ". 2. Numbering letter of transmittal: a. Include as prefix the specification section number followed by " -xx" beginning with "01 ". b. If more than one submittal under any specification section, number transmittals consecutively. 3. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receiving an independent review action. b. Identify for each item: 1) Manufacturer and Manufacturer's drawing or data number. 2) Contract Document tag number(s). 4. Resubmittals: a. Number with original root number and a suffix letter starting with "A" on a (new) duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Account for all components of prior transmittal. 1) If items in prior transmittal received "A" or `B" Action code, list them and indicate "A" or "B" as appropriate. a) Do not include submittal information for items with prior "A" or "B" Action in transmittal. 2) Indicate "Outstanding -To Be Resubmitted At a Later Date" for any prior "C" or "D" Action item not included in resubmittal. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01340 — 4 a) Obtain Engineer's prior approval to exclude items. 5. For 8 -1/2 x 11 IN size sheets, provide four copies of each page for Engineer plus the number required by the Contractor. The number of copies required by the Contractor will be defined at the Preconstruction Conference, but shall not exceed 10. 6. For items not covered in paragraph 1.04 -A.6 submit one reproducible transparency and one print of each drawing until approval is obtained. Utilize mailing tube; do not fold. The Engineer will mark and return the reproducible to the Contractor for his reproduction and distribution. 7. Provide clear space (3 IN SQ) for Engineer stamping of each component defined in 1.04 -A.4. 8. Contractor shall not use red color for marks on transmittals. Duplicate all marks on all copies transmitted, and ensure marks are photocopy reproducible. Outline Contractor marks on reproducible transparencies with a rectangular box. 9. Transmittal contents: a. Coordinate and identify shop drawing contents so that all items can be easily verified by the Engineer. b. Identify equipment or material use, tag number, drawing detail reference, weight, and other project specific information. c. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Contract Documents. d. Submit items like equipment brochures, cuts of fixtures, product data sheets or catalog sheets on 8 -1/2 x 11 IN pages. Indicate exact item or model and all options proposed. e. Include legible scale details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling instructions, color charts, layout drawings, parts catalogs, rough -in diagrams, wiring diagrams, controls, weights and other pertinent data. Arrange data and performance information in format similar to that provided in Contract Documents. Provide, at minimum, the detail provided in the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. B. Samples: 1. Identification: a. Identify sample as to transmittal number, manufacturer, item, use, type, project designation, tag number, specification section or drawing detail reference, color, range, texture, finish and other pertinent data. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 r 1 . 1 1 1 1 1 1 1' 1 1 1 1 01340 — 5 b. If identifying information cannot be marked directly on sample without defacing or adversely altering samples, provide a durable tag with identifying information securely attached to the sample. 2. Include application specific brochures, and installation instructions. 3. Provide Contractor's stamp of approval on samples or transmittal form as indication of Contractor's checking and verification of dimensions and coordination with interrelated work. 4. Resubmit samples of rejected items. C. Operation and Maintenance Manuals: 1. Number transmittals for Operation and Maintenance Manual with original root number of the approved shop drawing for the item. 2. Submit two copies until approval is received. 3. Identify resubmittals with the original number plus a suffix letter starting with 4. Submit Operation and Maintenance Manuals printed on 8 -1/2 x 11 IN size heavy first quality paper with standard three -hole punching and bound in stiff metal hinged binder constructed as a three -post style. Provide binders with titles on front and on spine of binder. Tab each section of manuals for easy reference with plastic- coated dividers. Provide index for each manual. Provide plastic sheet lifters prior to first page and following last page. 5. Reduce drawings or diagrams bound in manuals to an 8 -1/2 x 11 IN or 11 x 17 IN size. However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes which are bound into the binder. Identify vinyl envelopes with drawing numbers. 6. Transmittal Content: a. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1) Major equipment. 2) Equipment used with electrical motor loads of 1/6 HP nameplate or greater. 3) Specialized equipment including valves and instrumentation and control system components for HVAC and process systems such as meters, recorders, and transmitters. 4) Valves greater than 12 IN DIA. 5) Water control gates. b. Prepare operation and maintenance manuals to include, but are not necessarily limited to, the following detailed information, as applicable: 1) Equipment function, normal operating characteristics, limiting operations. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01340 — 6 2) Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3) Operating instructions for start -up, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4) Lubrication and maintenance instructions. 5) Guide to "troubleshooting." 6) Parts list and predicted life of parts subject to wear. 7) Outline, cross - section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, connection diagrams, word description of wiring diagrams and interconnection diagrams. 8) Test data and performance curves. 9) A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. 10) Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 11) Instrumentation or tag numbers relating the equipment back to the Contract Documents. 12) Include a filled -out copy of the Equipment Record Sheet, Exhibits Cl and C2 as the first page(s) of each Operation and Maintenance Manual. Complete maintenance requirements in detail. Simple reference to the Manual is not acceptable. 13) For equipment items involving components or subunits, an Equipment Record Sheet for each operating component or subunit is required. 1.05 ENGINEER'S REVIEW ACTION A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receive one of the following actions: a. A - FURNISH AS SUBMI'1'1'ED. b. B - FURNISH AS NOTED (BY ENGINEER). c. C - REVISE AND RESUBMIT. d. D - REJECTED. e. E - ENGINEER'S REVIEW NOT REQUIRED. 2. Transmittals received will be initially reviewed to ascertain inclusion of Contractor's approval stamp. Drawings not stamped by the Contractor or stamped with a stamp containing language other than that specified in Paragraph 1.03- A.4.a., will not be reviewed for technical content and will be returned without any action. 3. Transmittals returned with Action "A" or `B" are considered ready for fabrication and installation. If for any reason a transmittal that has an "A" or July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 ,1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 i 1 1 1 1 1 1 1 01340 — 7 "B" Action is resubmitted, it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or `B" Action that are superseded by a resubmittal. 4. Transmittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or "D" (Rejected) will be individually analyzed giving consideration as follows: a. The portion of the transmittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). One copy or the one transparency of the "C" or "D" drawings will be marked up and returned to the Contractor. Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, the major part of the individual drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. This is at the sole discretion of the Engineer. In this case, some drawings may contain relatively few or no comments or the statement, "Resubmit to maintain a complete package." Distribution to the Owner and field will not be made (unless previously agreed to otherwise). 5. Failure to include any specific information specified under the submittal paragraphs of the specifications will result in the transmittal being returned to the Contractor with "C" or "D" Action. 6. All costs, associated with the review of any shop drawing resubmitted more than twice shall be borne by the Contractor with said costs being deducted from the lump sum amount shown in the Contractor's proposal. 7. In addition to calculations stamped and returned "E. Engineer's Review Not Required," other transmittals such as submittals which the Engineer considers as "Not Required," submittal information which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or `B" Action in a prior transmittal, will be returned with Action "E. Engineer's Review Not Required." 8. Samples may be retained for comparison purposes. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 9. Approved samples submitted or constructed, constitute criteria for judging completed work. Finished work or items not equal to samples will be rejected. B. Operation and Maintenance Manuals: 1. Engineer will review and indicate one of the following review actions: a. ACCEPTABLE. b. FURNISH AS NOTED. c. REVISE AND RESUBMIT. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01340 — 8 d. REJECTED. 2. Acceptable submittals will be retained with the transmittal form returned with a request for five additional copies. 3. Deficient submittals will be returned along with the transmittal form which will be marked to indicate deficient areas. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Fla( i 1 1 1 1 1� 1 1 . 1 1 1 1 1 Project Name: 'Project Owner. 'Contractor: Address: Attn.: Date Transmitted: NNo 'Description Copies 1-I 1 I I I I 1—I 1 Remarks: Distribution: Contractor LI Vw 1.0 June 1990 Attn.: Exhibit A `The Action Designated Above is in Accordance with the Following Legend: A - Furnish as Submitted B - Fumish as Noted C- Revise and Submitt 1. Not enough Information for review. 2. No reproducibles submitted. 3. Copies illegible. 4. Not enough copies submitted. 5. Wrong sequence number. 6. Wrong resubmlttal suffix. 7. Wrong spec. section. 8. Wrong form used. 9. See comments. Shop Drawing Transmittal No. I HDR Engineering, Inc. Address: Previous Transmittal Date: File LJ By Field U Manufacturer Date Received: I Checked By: Log Page: I HDR No.: I Spec. Section: 1st. Sub. Lf ReSub. LJ NDo g. or Data Action Ta ken' D - Rejected E - Engineer's review not required 1. Submittal not Required. 2. Supplemental Information. Submittal retained for Informational purposed only. 3. Information reviewed and approved on prior submittal. 4. See comments. Owner U Comments: Date Other U 1 1 1 1 1 1- 1 1 1- 1' 1 1 1 1 1 1 Project Name: Project Owner: 'Contractor: Address: Date Transmitted: Previous Transmittal Date: No. 'Description of hem Copies Remarks: To: The Action Designated Above is in Accordance with the Following Legend: A - Acceptable, Provide five additional Copies B - Furnish as Noted C- Revise and Resubmit. This Operation and Maintenance Manual Submittal is defldent in the following areas: 1. Equipment record sheets. 2. Functional description. 3. Assembly, disassembly, installation, alignment, adjustment & checkout instructions. 4. Operating instructions Comments: Distribution: Contractor U VM 1.0 June two Owner: Address: Exhibit B 0 & M Manual Transmittal No. File U Manufacturer Dwg. or Data Action Taken' No. From: HDR Engineering, Inc. Date: I Date Received: 'Checked By: I Log Page: IHDR No.: 'Spec. Section: 1st Sub. U 5. Lubrication & maintenance instructions. 6. Troubleshooting guide. 7. Parts tist and ordering instructions. 8. Organization (index and tabbing). 9. Wiring diagrams & schematics specific to installation. 10. Outline, cross section & assembly diagrams. 11. Test data & performance curves. 12. Tag or equipment identification numbers. 13. Other - see comments. D - Rejected By Field U Owner U ReSub. Date Other U Project Name Pape d Equip. Description Date Installed Date Started Equip. Location Cost Estimated Life Spec. Sec. Project Equip. Tag No. IShop Dwp. Trans. No. Equip. Manuf. Manuf. Address I Phone Local Vendor Venda Address Plane BREAK -IN MAINTENANCE REQUIREMENTS (INITIAL OIL CHANGES, ETC.) D W M Q S A Hours PREVENTIVE MAINTENANCE REQUIREMENTS D W M O S A Hours RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA Part No. Part Name Quantity Equip. Make Serial No. ID No. Model No. Frame No. HP V. Amp. I-CZ PH RPM SF Duty Code I Ins. C. Des. Type Nema C Amb. Temp. Pose Rating Msc. MECHANICAL NAMEPLATE DATA Equip. Make - Serial No. ID No. Model No. Frame No. HP RPM Cap. TON Imp. Sz. tSlze Des. C=M PSI Assy. No. Case No. MISC. 1 1 1 1 1 1 1 1 1 1 ' 1 1 Exhibit Cl Equipment Maintenance Data Summary Equipment Record Vr 1.0 June IMO Lubricant Intomradon on following papa Manufacturer Product 1 AGM it SAE ISO E.' I- 2 II� 1 i 1 I —�— 1 5 I I 1 Manufacturer 1 Product AGMA IF SAE If I I50 2 34 5 3 i 1 I hjA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Equipment Description Lub dcant Pant & o 3 3 IV I Lubricant Pant Lubricant Pant F 3 Lubricant Point a 2 I o 4 J In Lubricant Pont Lubricant Pam il F 3 Fl Fl Lubricant Pant Vet 1.0 June 1000 Manufacturer Manufacturer Manufacaxer Manufacturer Manufacturer Exhibit C2 Lubrication Summary IPraect Equip. Tag No. I Pape Product I AGMA a SAE ISo Product Product Product Product Equipment Record AGMA• AGMA • AGMA JJ I AGMA i 1 SAE d ISO SAE SAE SAE ISO ISO ISO 3 i I s I hjA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Equipment Description Lub dcant Pant & o 3 3 IV I Lubricant Pant Lubricant Pant F 3 Lubricant Point a 2 I o 4 J In Lubricant Pont Lubricant Pam il F 3 Fl Fl Lubricant Pant Vet 1.0 June 1000 Manufacturer Manufacturer Manufacaxer Manufacturer Manufacturer Exhibit C2 Lubrication Summary IPraect Equip. Tag No. I Pape Product I AGMA a SAE ISo Product Product Product Product Equipment Record AGMA• AGMA • AGMA JJ I AGMA i 1 SAE d ISO SAE SAE SAE ISO ISO ISO 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 PART 1 - GENERAL PART 3 - EXECUTION SECTION 01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01560 — I 1.01 SUMMARY A. Section Addresses: 1. Minimizing the pollution of air, water, or land; control of noise, the disposal of solid waste materials, and protection of deposits of historical or archaeological interest. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 1.02 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Prior to the start of any construction activities submit: a. A detailed proposal of all methods of control and preventive measures to be utilized for environmental protection. b. A drawing of the work area, haul routes, storage areas, access routes and current land conditions including trees and vegetation. PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) 3.01 INSTALLATION A. Employ and utilize environmental protection methods, obtain all necessary permits, and fully observe all local, state, and federal regulations. B. Land Protection: 1. Except for any work or storage area and access routes specifically assigned for the use of the Contractor, the land areas outside the limits of construction shall be preserved in their present condition. Contractor shall confine his construction activities to areas defined for work within the Contract Documents. 2. Manage and control all borrow areas, work or storage areas, access routes and embankments to prevent sediment from entering nearby water or land adjacent to the work site. 3. Restore all disturbed areas including borrow and haul areas and establish permanent type of locally adaptable vegetative cover. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01560 — 2 4. Unless earthwork is immediately paved or surfaced, protect all side slopes and backslopes immediately upon completion of final grading. 5. Plan and execute earthwork in a manner to minimize duration of exposure of unprotected soils. 6. Except for areas designated by the Contract Documents to be cleared and grubbed, the Contractor shall not deface, injure or destroy trees and vegetation, nor remove, cut, or disturb them without approval of the Engineer. Any damage caused by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at the Contractor's expense. C. Surface Water Protection: 1. Utilize, as necessary, erosion control methods to protect side and backslopes, minimize and the discharge of sediment to the surface water leaving the construction site as soon as rough grading is complete. These controls shall be maintained until the site is ready for final grading and landscaping or until they are no longer warranted and concurrence is received from the Engineer. Physically retard the rate and volume of runon and runoff by: a. Implementing structural practices such as diversion swales, terraces, straw bales, silt fences, berms, storm drain inlet protection, rocked outlet protection, sediment traps and temporary basins. b. Implementing vegetative practices such as temporary seeding, permanent seeding, mulching, sod stabilization, vegetative buffers, hydroseeding, anchored erosion control blankets, sodding, vegetated swales or a combination of these methods. c. Providing Construction sites with graveled or rocked access entrance and exit drives and parking areas to reduce the tracking of sediment onto public or private roads. 2. Discharges from the construction site shall not contain pollutants at concentrations that produce objectionable films, colors, turbidity, deposits or noxious odors in the receiving stream or waterway. D. Solid Waste Disposal: 1. Collect solid waste on a daily basis. 2. Provide disposal of degradable solid waste to an approved solid waste disposal site. 3. Provide disposal of nondegradable solid waste to an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. 4. No building materials wastes or unused building materials shall be buried, dumped, or disposed of on the site. E. Fuel and Chemical Handling: 1. Store and dispose of chemical wastes in a manner approved by regulatory agencies. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01560 — 3 2. Take special measures to prevent chemicals, fuels, oils, greases, herbicides, and insecticides from entering drainage ways. 3. Do not allow water used in onsite material processing, concrete curing, cleanup, and other waste waters to enter a drainage way(s) or stream. 4. The Contractor shall provide containment around fueling and chemical storage areas to ensure that spills in these areas do not reach waters of the state. F. Control of Dust: 1. The control of dust shall mean that no construction activity shall take place without applying all such reasonable measures as may be required to prevent particulate matter from becoming airborne so that it remains visible beyond the limits of construction. Reasonable measures may include paving, frequent road cleaning, planting vegetative groundcover, application of water or application of chemical dust suppressants. The use of chemical agents such as calcium chloride must be approved by the State of TxDOT. 2. Utilize methods and practices of construction to eliminate dust in full observance of agency regulations. 3. The Engineer will determine the effectiveness of the dust control program and may request the Contractor to provide additional measures, at no additional cost to Owner. G. Burning: 1. Do not burn material on the site. If the Contractor elects to dispose of waste materials by burning, make arrangements for an off -site burning area and conform to all agency regulations. H. Control of Noise: 1. Control noise by fitting equipment with appropriate mufflers. I. Completion of Work: 1. Upon completion of work, leave area in a clean, natural looking condition. 2. Ensure all signs of temporary construction and activities incidental to construction of required permanent work are removed. J. Historical Protection: 1. If during the course of construction, evidence of deposits of historical or archaeological interests are found, cease work affecting find and notify Engineer. Do not disturb deposits until written notice from Engineer is given to proceed. 2. The Contractor will be compensated for lost time or changes in construction to avoid the find based upon normal change order procedures. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area), PART 1 - GENERAL SECTION 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING 1.01 SUMMARY A. Section Includes: 1. Scheduling of product delivery. 2. Packaging of products for delivery. 3. Protection of products against damage from: a. Handling. b. Exposure to elements or harsh environments. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. C. Payment: 1. No payment will be made to Contractor for stored equipment or materials. 01600 —1 1.02 DELIVERY A. Scheduling: 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. B. Packaging: 1. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. C. Identification: 1. Clearly and fully mark and identify as to manufacturer, item, and installation location. D. Protection and Handling: 1. Provide manufacturer's instructions for storage and handling. PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) PART 3- EXECUTION 3.01 PROTECTION, STORAGE AND HANDLING A. Manufacturer's Instruction: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01600 — 2 1. Protect all products or equipment in accordance with manufacturer's written directions. a. Store products or equipment in location to avoid physical damage to items while in storage. b. Handle products or equipment in accordance with manufacturer's recommendations and instructions. 2. Protect equipment from exposure to elements and keep thoroughly dry. 3.02 FIELD QUALITY CONTROL A. Inspect Deliveries: 1. Inspect all products or equipment delivered to the site prior to unloading. Reject all products or equipment that are damaged, used, or in any other way unsatisfactory for use on Project. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) PART 1 - GENERAL 1.01 SUMMARY 1.02 DEFINITIONS SECTION 01650 SYSTEM STARTUP A. Section Includes: 1. Procedures and actions, required of the Contractor, which are necessary to achieve and demonstrate Substantial Completion. 2. Requirements for Substantial Completion Submittals. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. A. Project Classified System (PCS): A defined part of the Project, consisting of an arrangement of items, such as equipment, structures, components, piping, wiring, materials, or incidentals, so related or connected to form an identifiable, unified, functional, operational, safe, and independent system. B. Substantial Completion: See Division 0, General Conditions. 1.03 SUBMITTALS 01650 - A. Substantial Completion Submittal: 1. File Contractor's Notice of Substantial Completion and Request for Inspection. 2. Approved Operation and Maintenance manuals received by Engineer minimum 1 week prior to scheduled training. 1.04 COST OF STARTUP A. Contractor to pay all costs associated with System startup. PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 01650 — 2 PART 3- EXECUTION 3.01 GENERAL A. Completion of Construction Work: 1. Complete the work to bring the Project to a state of substantial completion. B. Equipment Startup: 1. Requirements for individual items of equipment are included in Divisions 2 through 16 of these Specifications. 2. Prepare the equipment so it will operate properly and safely. 3. Procedures include but are not necessary limited to the following: a. Test or check and correct deficiencies of: 1) Control, and monitoring circuits for continuity prior to connection to power source. 2) Voltage of all circuits. 3) Cleanliness of connecting piping systems. C. Complete the filing of all required submittals: 1. Shop drawings. 2. Operation and Maintenance Manuals. 3. Training material. D. Filing of Contractor's Notice of Substantial Completion and Request for Inspection of Project or PCS: 1. File the notice when the following have been completed: a. Construction work (brought to state of Substantial Completion). b. Equipment Startup. c. Submittal of required documents. 2. Engineer will review required submittals for completeness within 5 calendar days of Contractor's notice. If complete, Engineer will complete inspection of the Work, within 5 calendar days of Contractor's notice. 3. Engineer will inform Contractor in writing of the status of the Work reviewed, within 10 calendar days of Contractor's notice. a. Work determined not meeting state of Substantial Completion: 1) Contractor: Correct deficiencies noted or submit plan of action for correction within 5 days of Engineer's determination. 2) Engineer: Reinspect work within 5 days of Contractor's notice of correction of deficiencies. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 01650 — 3 3) Reinspection costs incurred by Engineer will be billed to Owner who will deduct them from final payment due Contractor. b. Work determined to be in state of tentative Substantial Completion: Engineer to prepare tentative "Engineer's Certificate of Substantial Completion." c. Engineer's Certificate of Substantial Completion: 1) Certificate tentatively issued subject to successful Demonstration of functional integrity. 2) Issued for Project as a whole or for one or more PCS. 3) Issued subject to completion or correction of items cited in the certificate (punch list). 4) Issued with responsibilities of Owner and Contractor cited. 5) Executed by Engineer. 6) Accepted by Owner. 7) Accepted by Contractor. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 2 SITE WORK PART 1- GENERAL SECTION 02221 TRENCHING, BACKFILLING, AND COMPACTING FOR UTILITIES 02221 —1 1.01 SUMMARY A. Section Includes: 1. Excavation, trenching, backfilling and compacting for all underground utilities. 2. Water piping (potable). B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 02224 - Pipeline Undercrossings. 4. Section 02515 - Manhole Structures. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American Association of State Highway & Transportation Officials (AASHTO): a. T99, The Moisture- Density Relations of Soils Using a 5.5 LB Rammer and a 12 IN Drop. b. T180, Moisture - Density Relations of Soils Using a 10 LB Rammer and an 18 IN Drop. 2. American Society for Testing and Materials (ASTM): a. C33, Concrete Aggregates. • b. D698, The Moisture- Density Relations of Soils Using a 5.5 LB Rammer and a 12 IN Drop. D698 is "Standard Proctor." c. D1557, The Moisture - Density Relation of Soils Using a 10 LB Rammer and an 18 IN Drop. D1557 is "Modified Proctor." d. D2487, Classification of Soils for Engineering Purposes. e. D4253, Maximum Index Density of Soils Using a Vibratory Table. f. D4254, Minimum Index Density of Soils and Calculation of Relative ' Density. B. Qualifications: 1. Hire an independent soils laboratory to conduct in -place moisture- density tests for backfilling to assure that all work complies with this Specification. 1.03 DEFINITIONS A. Excavation: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02221 — 2 1.04 SUBMITTALS A. See Section 01340. B. Submit test reports and fully document each with specific location or stationing information, date, and other pertinent information. C. Submit respective pipe or conduit manufacturer's data regarding methods of installation and general recommendations. D. Submit sieve analysis reports on all granular materials. 1.05 PROJECT CONDITIONS A. Avoid overloading or surcharge a sufficient distance back from edge of excavation to prevent slides or caving. Maintain and trim excavated materials in such manner to be as little inconvenience as possible to public and adjoining property owners. B. Provide full access to public and private premises and fire hydrants, at street crossings, sidewalks and other points as designated by Owner to prevent serious interruption of travel. C. Protect and maintain bench marks, monuments or other established points and reference points and if disturbed or destroyed, replace items to full satisfaction of Owner and controlling agency. D. Verify location of existing underground utilities. PART 2- PRODUCTS 1. All excavation will be defined as unclassified. 2.01 MATERIALS A. Backfill Material: 1. As approved by Engineer. a. Free of rock cobbles, roots, sod or other organic matter, and frozen material. b. Moisture content at time of placement: 3 percent plus /minus of optimum moisture content as specified in accordance with ASTM D1557. 2. Gravel trench backfill materials: B. Embedment Materials: 1. As approved by the Soils Engineer. 2. Granular bedding materials: a. ASTM C33, gradation 67 (3/4 IN to No.4 sieve) defined below: 1) Well- graded crushed stone. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) PART 3 - EXECUTION 3.01 GENERAL A. Remove and dispose of unsuitable materials as directed by Soils Engineer to site provided by Contractor. 02221— 3 3.02 EXCAVATION A. Unclassified Excavation: 1. Remove rock excavation, clay, silt, gravel, hard pan, loose shale, and loose stone as directed by Soils Engineer. B. Excavation for Appurtenances: 1. 12 IN (minimum) clear distance between outer surface and embankment. 3. See Section 02515 for applicable requirements. C. Trench Excavation: 1. Excavate trenches by open cut method to depth shown on Drawings and necessary to accommodate work. 2. Any trench or portion of trench, which is opened and remains idle for 7 calendar days, or longer, as determined by the Owner, may be directed to be immediately refilled, without completion of work, at no additional cost to Owner. Said trench may not be reopened until Owner is satisfied that work associated with trench will be prosecuted with dispatch. 3. Observe following trenching criteria: a. Trench size. 1) Excavate width to accommodate free working space. 2) Maximum trench width at top of pipe or conduit may not exceed outside diameter of utility service by more than the following dimensions: OVERALL DIAMETER OF UTILITY SERVICE EXCESS DIMENSION 33 IN and less 18 IN 3) Cut trench walls vertically from bottom of trench to 1 FT above top of pipe, conduit, or utility service. 4) Keep trenches free of water. Include cost of dewatering in original proposal. 3.03 PREPARATION OF FOUNDATION FOR PIPE LAYING A. Over - Excavation: 1. Backftll and compact to 90 percent of maximum dry density per ASTM D698. 2. Backfill with granular bedding material as option. B. Rock Excavation: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02221 — 4 1. Excavate minimum of 6 IN below bottom exterior surface of the pipe or conduit. 2. Backfill to grade with suitable earth or granular material. 3. Form bell holes in trench bottom. C. Subgrade Stabilization: 1. Stabilize the subgrade when directed by the Owner. 2. Observe the following requirements when unstable trench bottom materials are encountered. a. Notify Owner when unstable materials are encountered. 1) Define by drawing station locations and limits. b. Remove unstable trench bottom caused by Contractor failure to dewater, rainfall, or Contractor operations. 1) Replace with subgrade stabilization with no additional compensation. 3.04 BACKFILLING METHODS A. Do not backfill until tests to be performed on system show system is in full compliance to specified requirements. B. Carefully Compacted Backfill: 1. Furnish where indicated on drawings, specified for trench embedment conditions and for compacted backfill conditions up to 12 IN above top of pipe or conduit. 2. Comply with the following: a. Place backfill in lifts not exceeding 8 IN (loose thickness). b. Hand place, shovel slice, and pneumatically tamp all carefully compacted backfill. c. Observe specific manufacturer's recommendations regarding backfilling and compaction. d. Compact each lift to specified requirements. C. Common Trench Backfill: 1. Perform in accordance with the following: a. Place backfill in lift thicknesses capable of being compacted to densities specified. b. Observe specific manufacturer's recommendations regarding backfilling and compaction. c. Avoid displacing joints and appurtenances or causing any horizontal or vertical misalignment, separation, or distortion. D. Water flushing for consolidation is not permitted. 3.05 COMPACTION A. General: July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1. Place and assure backfill and fill materials to achieve an equal or "higher" degree of compaction than undisturbed materials adjacent to the work. 2. In no case shall degree of compaction below "Minimum Compaction" specified be accepted. B. Compaction Requirements: Unless noted otherwise on Drawings or more stringently by other sections of these Specifications, comply with following trench compaction criteria: LOCATION SOIL TYPE 1. Carefully compacted backfill: All applicable areas Cohesive soils Cohesionless soils 2. Common trench backfill: Under pavements Cohesive soils roadways surfaces, within highway right -of -ways Under turfed, sodded, plant seeded, non - traffic areas MINIMUM COMPACTIONS Cohesionless soils Cohesive soils DENSITY 02221 — 5 95 percent of max dry density by ASTM D698 75 percent of max relative density by ASTM D4253 and D4254 95 percent of max dry density by ASTM D698 70 percent of relative density by ASTM D4253 and D4254 90 percent of max dry density by ASTM D698 Cohesionless soils 60 percent of relative density by ASTM D4253 and D4254 3.06 FIELD QUALITY CONTROL A. Testing: 1. Perform in -place moisture- density tests as directed by the Owner. 2. Perform tests through recognized testing laboratory approved by Owner. 3. Costs of "Passing" tests paid by Owner. 4. Perform additional tests as directed until compaction meets or exceeds requirements. 5. Cost associated with "Failing" tests shall be paid by Contractor. 6. Reference to Engineer in this section will imply Soils Engineer when employed by Owner and directed by Engineer to undertake necessary inspections and approvals as necessary. 7. Assure Owner has immediate access for testing of all soils related work. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02221— 6 8. Ensure excavations are safe for testing personnel. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1- GENERAL SECTION 02224 PIPELINE UNDERCROSSINGS 1.01 SUMMARY A. Section Includes: 1. Construction of pipe undercrossings. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 02221 - Trenching, Backfilling, and Compacting for Utilities. 4. Section 15061 - Pipe: Steel. 5. Section 15062 - Pipe: Ductile. 02224 —1 1.02 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. c. Compliance with submittal requirements of authority or agency having jurisdiction over undercrossing. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS 2.01 MATERIALS A. Casing Pipe: 1. Structural grade steel: Minimum yield strength of 35,000 psi or greater as required by the permits. 2. Wall thickness: Minimum 0.50 IN or greater as required by the permits. 3. Diameter: Minimum of 4 IN larger than outside diameter of carrier pipe's jointing system. 4. New pipe. B. Casing spacer: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02224 — 2 PART 3- EXECUTION 1. Casing spacers shall be Model C8G -2 for pipes up to 24 inch diameters as manufactured by Pipeline Seal & Insulator, Inc., Houston, TX, or equal. 2. Casing spacers shall have a minimum 14 gauge steel band and 10 gauge risers. The band, risers and connecting studs shall be welded, then pickled and cleaned at the factory before the application of a fluidized bed fusion bonded PVC coating of between 10-16 mils thickness. Epoxy coatings are not an acceptable alternative. 3. The spacer shall have a flexible PVC liner of 0.09 inch thickness with a Durometer "A" 85 -90 hardness. 4. The runners shall be of high pressure molded Glass Reinforced Polyester with a minimum compressive strength of 18,000 psi, 2 inch in width and a minimum 7 inches long. Polyethylene runners are not an acceptable alternative. 5. The runners shall be attached to the band or riser by 3/8 inch welded steel studs and lock nuts which shall be recessed in the runner. The recess shall be filled with a corrosion inhibiting filler. The band section shall be bolted together with cadmium plated studs, nuts and washers. 3.01 INSTALLATION A. General: 1. Install undercrossing to meet requirements of authority or agency having jurisdiction over undercrossing. 2. Observe work requirements stipulated in any permit condition. 3. Consult Contract Drawings for limitation of construction right -of -way. B. If installation of crossing is by jacking or dry boring, the following will be required unless more rigid requirements are specified by the authority or agency having jurisdiction over the crossing: 1. Diameter of the hole: Not exceeding diameter of casing by more than 1 -1/2 IN. 2. Pressure grout all voids outside of casing, including abandoned or misaligned holes. Pressure grout shall be a minimum of 1,500 psi strength. 3. Install grouted plug minimum of 2 FT deep at both ends of casing. The upstream plug shall create a watertight seal between the casing and the carrier pipe. The downstream plug shall be provided with weep holes. 4. Undercrossing casing: a. Full lengths. b. Weld pressure tight. 5. After casing is installed, install casing spacers and runners to each length of carrier pipe as shown on the plans to prevent displacement and pull pipe into place. Pipe must be straight and centered in casing when in place. 6. Coordinate connections to system with Owner. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 02224 — 3 C. Backfill: 1. Compact backfill in full conformance with trench compaction criteria specified in Section 02221. D. Vegetation and Cover: 1. Topsoil disturbed areas and replace ground cover material comparable to initial conditions. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) PART 1- GENERAL SECTION 02515 PRECAST CONCRETE MANHOLE STRUCTURES 02515 -1 1.01 SUMMARY A. Section Includes: 1. Precast concrete manhole structures and appurtenant items. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 02221 - Trenching, Backfrlling, and Compacting for Utilities. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American Association of State Highway and Transportation Officials (AASHTO): a. M198, Standard Specification for Asbestos - Cement Underdrain Pipe. 2. American Society for Testing and Materials (ASTM): a. A48, Gray Iron Castings (Class 35 Minimum). b. C150, Portland Cement. c. C478, Precast Reinforced Concrete Manhole Sections. d. C923, Resilient Connectors Between Reinforced Concrete Manhole Structures and Pipes. e., D1227,Emulsified Asphalt Used As a Protective Coating for Roofing. f. D4022, Coal Tar Roof Cement. 3. Occupational, Health and Safety Administration (OSHA)., 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. 3. Fabrication and/or layout drawings: a. Include detailed diagrams of manholes showing typical components and dimensions. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02515 — 2 b. Itemize, on separate schedule, sectional breakdown of each manhole structure with all components and refer to drawing identification number or notation. c. Indicate knockout elevations for all piping entering each manhole. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Manhole steps, rings, covers and frames: a. Neenah Foundry. b. Deeter Foundry. 2. Black mastic joint compound: a. Kalktite 340. b. Tufflex. c. Plastico. 3. Premolded joint compound: a. Ram Nec. b. Kent Seal. 4. Fibered asphalt compound: a. Sonneborn Hydrocide 700B Semi - Mastic. 2.02 MANHOLE STRUCTURE COMPONENTS A. Manhole Components: 1. Reinforcement: ASTM C478. 2. Minimum wall thickness: 5 IN. 3. Provide the following components for each manhole structure: a. Base, per Drawings. b. Precast bottom section(s). c. Precast barrel section(s). d. Precast flat top. B. Manhole Concrete: 1. Provide all manholes constructed with Portland ASTM C150, Type I or II cement with a tricalcium aluminate content not to exceed 8 percent. 2. Mix aggregate shall be a minimum of 50 percent crushed limestone. 3. Provide 3000 psi non -shrink grout. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) PART 3 - EXECUTION 3.01 MANHOLE CONSTRUCTION A. Build each manhole to dimensions shown on plans. END OF SECTION 02515 — 3 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) PART 1 - GENERAL SECTION 02660 WATER MAIN CONSTRUCTION 1.01 SUMMARY A. Section Includes: 1. Coordination and interface with existing facilities and utilities. 2. Connections to existing watermains. 3. Testing, flushing and disinfection. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 02221 - Trenching, Backfilling, and Compacting for Utilities. 4. Section 02224 - Pipeline Undercrossings. 5. Section 02515 - Precast Concrete Manhole Structures. 6. Section 15060 - Pipe and Pipe Fittings: Basic Requirements. 5. Section 15100 - Valves: Basic Requirements. 6. Section 15101 - Gate Valves. 7. Section 15103 - Butterfly Valves. 1.02 QUALITY ASSURANCE A. Referenced Standards. 1. American Water Work Association (AWWA): a. B300, Standard for Hypochlorites. b. B301, Standard for Liquid Chlorine. c. C600, Standard for Installation of Ductile -Iron Water Mains. d. C651, Standard for Disinfecting Water Mains. e. All other applicable AWWA Standards. 02660 —1 1.03 SUBMITTALS A. Shop Drawings: 1. Product technical data including: B. Submit results of the leakage tests, identifying the specific length of pipe tested, the test pressure, the duration of test and the amount of leakage. C. Submit satisfactory bacteriological test reports on disinfection requirements. D. Operation and Maintenance Manuals: 1. See Section 01340. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02660 — 2 PART 2- PRODUCTS 2.01 MATERIALS A. Pipe: Refer to Sections 15060 and 15062. B. In -Line Valves: 1. Refer to Sections 15101 and 15103. 2. Provide adjustable valve boxes. Include price of valve boxes in price of valve installed complete. PART 3- EXECUTION 3.01 INSTALLATION A. Install water main to the line and grade on the Drawings. Watermains to be staked at a minimum 100 FT interval with depth of cuts monitored. B. Field verify depth of utilities that will be crossed. 1. Adjust water main elevation as required during construction. 2. No separate payment will be made for field verification or adjustment of main depths as required. C. Contractor will restore all existing structures or services damaged by Contractor's operations at no cost to Owner. 3.02 INTERRUPTION OF SERVICE A. Interruption of service to water users shall not exceed 4 HRS. Notify property owners of interruption a minimum of 48 HRS in advance. 3.03 UNDERGROUND SERVICES A. Notify utility representative prior to construction to obtain available information on location of existing utilities. The Contractor shall be responsible for locating all utilities. 3.04 PROTECTION OF EXISTING UTILITIES A. Contractor to verify the location of all underground utilities. Omission from, or the inclusion of utility locations on the plans is not to be considered as the nonexistence of or a definite location of existing underground utilities. B. A representative of the underground utilities shall be notified 24 HRS in advance of crossings. 3.05 CONNECTIONS TO EXISTING WATERMAINS A. Make connections to existing watermains as shown on Drawings, by attaching to existing or changed fitting. Cost for making connections shall include cost of all fittings including flexible couplings, and shall be included in the lump sum bid item. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 02660 — 3 B. Where the connection is made to an existing water main which can be adequately isolated from the distribution system, it shall be termed a "dry connection." C. Contractor is responsible for controlling and disposing of water in the trench at no additional cost to the Owner. 3.06 SEWER CROSSINGS A. Watermains crossing house sewers, storm sewers or sanitary sewers shall be laid to provide a vertical separation of at least 18 IN between the bottom of the water main and the top of the sewer, whenever possible. A water main may be laid closer than 10 FT if the crown of the sewer is at least 18 IN below the water main invert. In the event 18 IN of vertical separation cannot be provided at a sewer crossing, the sewer shall be removed for a distance of 10 FT on each side of the water main and replaced with one 20 FT length of ductile iron pipe of the same size. B. Concrete collars shall be provided at each end of the ductile iron pipe to connect to the existing sewer pipe as shown on the Drawings. C. Payment for crossings shall be included in the lump sum bid item. 3.07 FENCES, SIGNS, MAILBOXES, ETC. A. Restore all damaged fences, signs, mailboxes, etc., to their original conditions. No separate payment will be made for these items. 3.08 FIELD QUALITY CONTROL A. Hydrostatic Testing: 1. All valves, hydrants, pipe and fittings shall be hydrostatically tested. 2. Furnish all necessary apparatus to run hydrostatic test, including necessary taps into the pipe. Prior to pressure testing, expel air from the pipe. Install corporation cocks at all high points in water main to allow air to be expelled. After pipe has been laid and backfilled, slowly fill each valved section of pipe with water and apply a test pressure of 100 psi. After air has been expelled, close corporation cocks and apply test pressure. The duration of each hydrostatic test to be a minimum of 2 HRS. Measure leakage from water main while test pressure is applied. Leakage is defined as the quantity of water that must be supplied into the pipe to maintain the specified leakage test pressure within 5 psi of the initial 100 psi test pressure. No pipe installation will be accepted if leakage is greater than the following: PIPE SIZE MAXIMUM ALLOWABLE LEAKAGE 12 IN 1.10 GAL per hour per 1000 FT 16 IN 1.95 GAL per hour per 1000 FT A. Sealing, Flushing, and Disinfection of Potable Water Systems: 1. Maintain interior of all pipes, fittings and other accessories free from dirt and foreign material at all times. If, in the opinion of the Engineer, the pipe contains dirt that will not be removed by flushing, the pipe interior shall be cleaned and Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02660 — 4 swabbed with bactericidal solution. At close of day's work or whenever workmen are absent from jobsite, plug, cap or otherwise provide watertight seal from open ends of pipe to prevent ingress of foreign material. If water is in trench, seal shall remain in place until trench is pumped dry. 2. After favorable performance of pressure test and prior to final acceptance, thoroughly flush the entire potable water piping system and perform disinfection as prescribed. Perform all work including preventative measures during construction in full compliance to AWWA C651. 3. Flush each segment of the system to provide a flushing velocity of not less than 2.5 FT per second. 4. Drain flushing water to location approved by the Owner. 5. Perform disinfection using one of the following forms: a. Application of chlorine gas -water mixture by means of solution -feed chlorinating device. Liquid chlorine shall comply with AWWA B301. b. Application of calcium hypochlorite, or sodium hypochlorite. Chlorine compounds shall comply with AWWA B300. 6. Disinfect pipe with chlorinated water as per AWWA C651. Method of application of chlorine shall be by continuous feed method or slug method. During disinfection procedure, ensure that initial and residual chlorine concentrations meet AWWA C651 requirements by testing by an approved method as directed by the Owner. Cost of testing shall be included in the lump sum bid item and no separate payment will be made for this item. 7. Tag the system during the disinfection procedure. 8. Following disinfection for required contact period, neutralize chlorine residual in water by treating with reducing agent. (Refer to AWWA C651) Flush all treated water from pipeline at its extremities until replacement water throughout pipe, upon test is proved comparable in quality to water in existing system. Take two samples to test for bacteriological quality as directed by Engineer. Repeat disinfection procedure until two satisfactory results are obtained. Quality of water delivered by the new water main to remain satisfactory for a minimum period of 2 days. 9. Secure satisfactory bacteriological reports on samples from the system. Ensure all sampling and testing procedures are in full compliance to AWWA C651, and applicable requirements of the State of Texas. No separate payment will be made for this item. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 02660 — 5 10. The Owner will provide the water required to fill the main initially and will pay for the water required to flush the main once. Filling and flushing shall be performed during periods of low usage, between the hours of midnight and 4:00 AM. Flushing water will be based on a maximum of 8 HRS total. Any additional refilling or reflushing to be at the Contractor's expense at the City's commercial water rates. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) PART 1 - GENERAL SECTION 02930 SEEDING AND SODDING 02930 —1 1.01 SUMMARY A. Section Includes: 1. Seeding of all areas disturbed as a result of construction activities. B. Related Sections include but are not necessarily limited to: 1. Bidding Requirements, Contract Forms, and General Terms and Conditions of the Contract. 2. Division 1 - General Requirements. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. Standard Methods of the Association of Official Agricultural Chemists. 2. United States Department of Agriculture, (USDA): a. Federal Seed Act. 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Certification: a. Certify each container of seed delivered will be labeled in accordance with Federal and State Seed Laws and equals or exceeds Specification requirements. - 3. Other documents: a. Copies of invoices for fertilizer and seed used on Project showing grade furnished, along with certification of quality and warranty. Ensure each lot of fertilizer is subject to sampling and testing, at discretion of Engineer, in accordance with current methods of Association of Official Agricultural 'Chemists. Furnish identification tags from all bags of seed used on the project. Upon completion of Project, a final check of total quantities of fertilizer, seed, and cellulose fiber mulch used will be made against total area seeded, and if minimum rates of application have not been met, Engineer may require distribution of additional quantities to make up minimum application specified. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02930 — 2 PART 2- PRODUCTS 2.01 GENERAL A. Fertilizer: Complete, soluble fertilizer, uniform in composition, dry and free - flowing, part of the elements of which are derived from organic sources. It shall contain the following percentages by weight: Nitrogen (N) 16 Phosphorus (P) 20 Potassium (K) 10 Deliver fertilizers mixed as specified, in standard size, unopened containers, showing weight, analysis and name of manufacturer. Store in a weatherproof storage place and in such a manner that the fertilizer will be kept dry and its effectiveness not impaired. If and when bulk delivery and spreading of fertilizer is authorized, provide with a notarized, written affidavit certifying weight and analysis of the fertilizer. B. Grass Seed: Fresh, clean, new crop seed mixed in the proportions indicated below: 1. Planting dates - September 15 to March 1: LBS Pure Live Seed Common Name per 1000 SF PART 3- EXECUTION Bermudagrass (unhulled) Winter Rye 2. Planting dates - March 2 to September 14: Common Name 2.0 7.0 LBS Pure Live Seed per 1000 SF Bermudagrass (hulled) 2.0 C. Mulch: Cellulose Fiber Mulch produced from grinding clean, whole wood chips with a labeled ash content not to exceed 7 %, designed for use in conventional hydraulic mulching of grass seed with fertilizers and other additives and shall be such that when applied, will form a strong, moisture- retaining mat without the need of an asphalt binder. D. Water: Provide water for the execution of this work and maintenance until Project Acceptance, capable of initiating and supporting plant growth, and free of harmful or deleterious substances. 3.01 GENERAL A. Seed all areas disturbed by construction activities (areas which are filled, excavated, receiving topsoil, or have lost vegetative cover due to construction activities). B. Plant seed within 30 days of completion of earthwork, grading, and topsoiling to minimize erosion. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 02930 — 3 C. Do not commence work until topsoil is applied and fine grading is complete in the area to be seeded. D. Apply seed prior to installation of erosion control blanket. 3.02 PREPARATION A. Cultivate all areas to be seeded to a depth of 4 IN. B. Lightly roll or compact cultivated areas. 3.03 CELLULOSE FIBER MULCH SEEDING (HYDROMULCHING) A. Seeding may be done whenever the weather and soil conditions are favorable, or as otherwise authorized by the Engineer. B. Application Rates: 1. Seed: See paragraph 2.01. Application rates are specified in pounds of pure live seed per 1000 SF. Adjust actual application rates as necessary depending on PLS of seed delivered to the project to achieve the application rates specified. 2. Fertilizer: 13 LBS /1000 SF (Dry weight) or as necessary as determined by soils analysis approved by the Engineer. 3. Cellulose Fiber Mulch: 70 LBS /1000 SF (Dry weight). C. Uniformly distribute the seed or seed mixture over all areas to receive hydromulch. All varieties of seed, fertilizer, and cellulose fiber may be distributed at the same time at the specified rate after being mixed and agitated in the hydromulching machine for at least ten (10) minutes, in order to provide a homogeneous mixture. Apply this mixture as a water slurry and achieve an even, solid cover. D. Protect all areas not to receive the hydromulch mixture from direct or over - spray. Remove and clean all hydromulch from buildings, irrigation equipment, trees, shrubs, curbs, pavement, fire hydrants, light and utility poles and other site improvements. E. Apply Specified type and quantity of fertilizer at start of first growing season after application of hydroseeding mixture. 3.04 MAINTENANCE AND PROTECTION A. Maintain turf areas until Project Acceptance by means of watering, fertilizing, and re- seeding as necessary to establish a vigorous, healthy stand of grass. B. Any turfed areas not showing sufficient growth within the twelve month warranty period shall be prepared and re- hydromulched as specified. "Sufficient growth" is defined as 85% cover with no bare areas exceeding 15 SF in area. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 02930 — 4 C. Protect all turf areas from erosion, rutting, or other damage. Correct all damage which occurs by applying fresh topsoil and re- seeding. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) DOORS AND WINDOWS DIVISION 8 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Vault access hatches. SECTION 08305 ACCESS HATCHES 08305 —1 B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 1.02 DEFINITIONS A. Heavy Duty: Will support live load of 300 psf. 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Heavy -duty floor doors: a. Bilco Co. (Type J). b. Babcock Davis Associates (Type AM or GT). c. Dur -Red Products (Type SLG or DLG). Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 08305 — 2 2.02 MANUFACTURED UNITS A. Vault Hatch (Heavy Duty): 1. Frame: 1/4 IN mill finish aluminum channel. 2. Bituminous coated when in contact with concrete. 3. Cover: 1/4 IN mill finished diamond plate aluminum. 4. All Hardware: Stainless steel. 5. Grip Handle: Vinyl. 6. Fabricate frame with anchor flange around perimeter and 1 -1/2 IN diameter drainage coupling. 7. Reinforce cover with aluminum stiffeners. 8. Fabricate doors to open 90 degrees with assistance of spring operators and automatically lock into open position. 9. Furnish with snap lock and removable grip handle. 10. Provide recessed hasp for padlock. 11. Refer to Drawings for number and size. PART 3- EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1) 1 1 1 1 1 1 1 1 1 1 DIVISION 9 FINISHES 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 PART 1- GENERAL SECTION 09905 PAINTING AND PROTECTIVE COATINGS 1.01 SUMMARY A. Section Includes: 1. Painting and protective coatings. 2. Minimum surface preparation requirements. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15060 - Pipe and Pipe Fittings: Basic Requirements. 4. Section 15100 - Valves: Basic Requirements. 09905 —1 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American National Standards Institute (ANSI): a. A224.1, Test Procedures and Acceptance Criteria for Prime Painted Steel Surfaces for Steel Doors and Frames. b. Z53.1, Safety Color Code for Marking Physical Hazards. 2. American Society for Testing and Materials (ASTM): a. A780, Standard Practice for Repair of Damaged and Uncoated Areas of Hot -Dip Galvanized Coatings. b. D4258, Standard Practice for Surface Cleaning Concrete for Coating. c. D4259, Standard Practice for Abrading Concrete. d. D4261, Standard Practice for Surface Cleaning Concrete Unit Masonry for Coating. e. D4262, Standard Test Method for pH of Chemically Cleaned or Etched Concrete Surfaces. f. D4263, Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method. g. E84, Standard Test Method for Surface Burning Characteristics of Building Materials. 3. National Association of Corrosion Engineers (NACE). 4. National Bureau of Standards (NBS): a. Certified Coating Thickness Calibration Standards. 5. National Fire Protection Association (NFPA): a. 101, Life Safety Code. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 09905 — 2 6. Steel Structures Painting Council (SSPC): a. PA -2, Measurement of Dry Paint Thickness with Magnetic Gages. b. SP -1, Solvent Cleaning. c. SP -2, Hand Tool Cleaning. d. SP -3, Power Tool Cleaning. e. SP -5, White Metal Blast Cleaning. f. SP -6, Commercial Blast Cleaning. g. SP -7, Brush -off Blast Cleaning. h. SP -10, Near -White Blast Cleaning. B. Qualifications: 1. Coating manufacturer's authorized representative shall provide written statement attesting that Applicator has been instructed on proper preparation, mixing and application procedures for coatings specified. 2. Applicator shall have minimum of 10 years experience in application of similar products on similar project. Provide references for minimum of three different projects completed in last 5 years with similar scope of work. Include name and address of project, size of project in value (painting) and contact person. 3. NACE inspector shall be NACE certified coatings inspector and shall have minimum of 5 years experience conducting tests as indicated in this Specification. C. Miscellaneous: 1. Furnish paint through one manufacturer unless noted otherwise. 2. Coating used in all corridors and stairways shall meet requirements ofNFPA 101 and ASTM E84. D. Deviation from specified mil thickness or product type is not allowed without written authorization of Engineer. 1.03 DEFINITIONS A. Installer or Applicator: Installer or applicator is the person actually installing or applying the product in the field at the Project site. 1. Installer or applicator are synonymous. B. Approved Factory Finish: Finish on a product in compliance with the finish specified in the section where the product is specified or in Section 11005. C. Exposed Exterior Surface: Surface which is exposed to weather but not necessarily exposed to view as well as surface exposed to view. D. Paint includes fillers, primers, sealers, emulsions, oils, alkyds, latex, enamels, thinners, stains, epoxies, vinyls, chlorinated rubbers, urethanes, shellacs, varnishes, and any other applied coating specified within this Section. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 i 1 1 1 1 09905 — 3 1.04 SUBMITTALS A. Manufacturer's statement regarding Applicator instruction on product use. B. Applicator experience qualifications. C. NACE engineer certification. D. NACE engineer experience qualifications. E. Manufacturer's recommendation for universal barrier coat. F. Shop Drawings: 1. See Section 01340. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's application instructions. c. Manufacturer's surface preparation instructions. d. If products being used are manufactured by Company other than listed in Article 2.02, provide complete individual data sheet comparison of proposed products with specified products including application procedure, coverage rates and verification that product is designed for intended use. e. Manufacturer's factory- applied finish information. Refer to paragraph 3.02 -B. f. Contractor's written plan of action for containing airborne particles created by blasting operation and location of disposal of spent contaminated blasting media. g. Coating manufacturer's recommendation on abrasive blasting. G. Samples: 1. Manufacturer's full line of colors for Engineer's color selection. 2. After initial color selection by Engineer provide two 3 x 5 IN samples of each color selected. H. Miscellaneous Submittals: 1. See Section 01340. 2. Surface preparation approval by NACE engineer. 3. Paint application certification by NACE engineer. 4. Approval of application equipment. 5. Painter's daily record when requested by Engineer. 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver in original containers, labeled as follows: 1. Name or type number of material. 2. Manufacturer's name and item stock number. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 09905 — 4 PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, only the following manufacturers are acceptable: 1. Tnemec. 2. Ameron Protective Coatings Div. 3. ICI Devoe. 4. Valspar Corp. 5. Carboline Protective Coatings. 6. Sherwin Williams. 7. Dampney Company, Inc. 2.02 MATERIALS A. All materials used must contain not more than 3.5 LBS /GAL VOC as applied (in thinned state) unless noted otherwise. B. For unspecified materials such as thinner, provide manufacturer's recommended products. C. Paint Systems - General: 1. P =prime coat. F1, F2 ... Fn = first finish coat, second finish coat .... nth finish coat, color as selected by Engineer. 2. If two finish coats of same material are required, Contractor may, at his option and by written approval from paint manufacturer, apply one coat equal to mil thickness of two coats specified. D. Products specified are manufactured by Tnemec. E. Paint Systems: 1. System #1 - Polyamide Epoxy Primer with Polyamide Epoxy or Aliphatic Acrylic Polyurethane Enamel Top Coats. P1 =66 -1211 Epoxoline Primer (Polyamide Epoxy) VOC =3.42 1 coat, 3 mils F1= Series 66 Hi -Build Epoxoline (Polyamide Epoxy) 1 coat, 3 mils F2= Series 66 Hi -Build Epoxoline (Polyamide Epoxy) 1 coat, 3 mils July 1997 3. Contents, by volume, of major constituents. 4. Warning labels. 5. VOC content. Water System Improvements Pressure Plane No. 4 (DELL area) 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 i 1 1 1 1 PART 3- EXECUTION 09905 — 5 3.01 ITEMS TO BE PAINTED A. Exposed Surfaces including: 1. Piping, valves, fittings, hydrants, and appurtenances; except when covered by lagging. 3.02 SCHEDULE OF ITEMS TO BE PAINTED VERSUS PAINTING SYSTEMS Painting System Number A. Ferrous Metal, all exposed piping 1 3.03 PREPARATION A. General: 1. Prepare surfaces to be painted in accordance with coating manufacturer's instructions and this Section. 2. Remove all dust, grease, oil, compounds, dirt and other foreign matter which would prevent bonding of coating to surface. B. Protection: 1. Protect surrounding surfaces not to be coated. 2. Remove and protect hardware, accessories, plates, fixtures, finished work, and similar items; or provide ample in -place protection. C. Prepare and Paint Before Assembly: Where component is subject to corrosive or highly corrosive environment, prepare and paint, before assembly, all surfaces which may be subject to environment which are inaccessible after assembly. D. Ferrous Metal: 1. Complete fabrication, welding or burning before beginning surface preparation. a. Chip or grind off flux, spatter, slag or other laminations left from welding. b. Remove mill scale. c. Grind smooth rough welds and other sharp projections. 2. Solvent clean in accordance with SSPC SP -1 all surfaces scheduled to receive additional SSPC surface preparation. 3. Surfaces subject to corrosive or highly corrosive environment: a. Near -white blast clean in accordance with SSPC SP -10. 4. Interior and exterior surfaces not subject to corrosive or highly corrosive environment (including structural steel surfaces): a. Commercial blast clean in accordance with SSPC SP -6. 5. Surfaces subject to high temperatures. a. Heat in excess of 600 DegF: SSPC -SP 10. b. Heat in excess of 200 DegF but less than 600 DegF: SSPC -SP6. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 09905 — 6 6. Surfaces of steel joists: a. Power tool or hand clean in accordance with SSPC SP -2 or SP -3. 7. Steel surfaces scheduled to receive paint system No -u 24: a. White metal blast in accordance with SSPC SP -5. 8. Restore surface of field welds and adjacent areas to original surface preparation. 9. All surfaces of steel lintels used in wall construction shall be completely painted with both prime and finish coats prior to placing in wall. 3.04 APPLICATION A. General: 1. Thin, mix and apply coatings by brush, roller, or spray in accordance with manufacturer's installation instructions. a. Application equipment must be inspected and approved in writing by coating manufacturer. 2. Temperature and weather conditions: a. Do not paint surfaces when surface temperature is below 50 DegF unless product has been formulated specifically for low temperature application or approved in writing by Engineer and paint manufacturer's authorized representative. b. Avoid painting surfaces exposed to hot sun. c. Do not paint on damp surfaces. 3. Provide complete coverage to mil thickness specified. a. Thickness specified is dry mil thickness. b. All paint systems are "to cover." In situations of discrepancy between manufacturer's square footage coverage rates and mil thickness, mil thickness requirements govem. c. When color or undercoats show through, apply additional coats until paint film is of uniform finish and color. 4. If so directed by Engineer, do not apply consecutive coats until Engineer has had an opportunity to observe and approve previous coats. 5. Apply materials under adequate illumination. 6. Evenly spread to provide full, smooth coverage. 7. Work each application of material into corners, crevices, joints, and other difficult to work areas. 8. Avoid degradation and contamination of blasted surfaces and avoid intercoat contamination. a. Clean contaminated surfaces before applying next coat. 9. Smooth out runs or sags immediately, or remove and recoat entire surface. 10. Allow preceding coats to dry before recoating. a. Recoat within time limits specified by coating manufacturer. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 09905 — 7 b. If recoat time limits have expired reprepare surface in accordance with coating manufacturer's printed recommendations. 11. Allow coated surfaces to cure prior to allowing traffic or other work to proceed. 12. Coat all aluminum in contact with dissimilar materials. B. Finish Coat Application: 1. Apply finish coats in accordance with coating manufacturer's written instructions and in accordance with this Section. 2. Touch up damaged fmish coats using same application method and same material specified for finish coat. Prepare damaged area in accordance with Article 3.04. 3.05 COLOR CODING A. As selected by Engineer. 3.06 CLEANING A. Clean paint spattered surfaces. Use care not to damage finished surfaces. B. Upon completion of painting, replace hardware, accessories, plates, fixtures, and similar items. C. Remove surplus materials, scaffolding, and debris. Leave areas broom clean. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 p 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DIVISION 15 MECHANICAL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL SECTION 15060 PIPE AND PIPE FITTINGS: BASIC REQUIREMENTS 15060 — 1 1.01 SUMMARY A. Section Includes: 1. Utility piping systems. 2. Pressure gages. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 02221 - Trenching, Backfilling, and Compacting for Utilities. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American Association of State Highway and Transportation Officials (AASHTO): a. M36, Corrugated Steel Culverts and Underdrains. b. M190, Standard Specification for Bituminous Coated Corrugated Metal Culvert Pipe and Pipe Arches. c. M252, Standard Specification for Corrugated Polyethylene Drainage Tubing. d. M278, Standard Specification for Class PS 46 Polyvinyl Chloride (PVC) Pipe. e. M294, Interim Specification for Corrugated Polyethylene Pipe 12 to 24 Inch Diameter. 2. American National Standards Institute (ANSI): a. B16.3, Malleable Iron Threaded Fittings. b. B16.5, Pipe Flanges and Flanged Fittings. c. B16.9, Factory-Made Wrought Steel Butt- Welding Fittings. d. B16.22, Wrought Copper and Bronze Solder - Joint Pressure Fittings. e. B16.26, Cast Copper Alloy Fittings for Flared Copper Tubes. f. B36.19, Stainless Steel Pipe. g. B40.1, Gauges - Pressure Indicating Dial Type - Elastic Element. 3. American National Standards Institute (ANSI) /American Water Works Association (AWWA): a. ANSI /AWWA C110 /A21.10, Ductile Iron and Gray Iron Fittings, 3 IN through 48 IN for Water and Other Liquids. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15060 — 2 b. ANSI /AWWA C115/A21.15, Flanged Ductile Iron Pipe with Threaded Flanges. c. C151, Ductile -Iron Pipe, Centrifugally Cast In Metal Molds or Sand -Lined Molds for Water or Other Liquids. d. ANSI /AWWA C153/A21.53, Ductile -Iron Compact Fittings, 3 IN Through 16 IN, for Water and Other Liquids. e. C207, Standard for Steel Pipe Flanges for Waterworks Service - Sizes 4 IN through 144 IN. 4. American Society for Testing and Materials (ASTM): a. A53, Standard Specification for Pipe, Steel, Black and Hot - Dipped, Zinc - Coated Welded and Seamless. b. A74, Cast -Iron Soil Pipe and Fittings. c. A106, Standard Specification for Seamless Carbon Steel Pipe for High- Temperature Service. d. Al26, Standard Specification for Gray Iron Castings for Valves, Flanges and Pipe Fittings. e. A182, Standard Specification for Forged or Rolled Alloy Steel Pipe Flanges, Forged Fittings and Valves and Parts for High Temperature Service. f. A197, Standard Specification for Cupola Malleable Iron. g. A234, Standard Specification for Pipe Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and Elevated Temperatures. h. A269, Specification for Seamless and Welded Austenitic Stainless Steel Tubing for General Service. i. A312, Standard Specification for Seamless and Welded Austenitic Stainless Steel Pipes. j. A518, Corrosion- Resistant High - Silicon Cast -Iron. k. A536, Standard Specification for Ductile Iron Castings. 1. A587, Standard Specification for Electric- Welded Low - Carbon Steel Pipe for the Chemical Industry. m. A774, Standard Specification for As- Welded Wrought Austenitic Stainless Steel Fittings for General Corrosive Service at Low and Moderate Temperatures. n. A778, Standard Specification for Welded, Unannealed Austenitic Stainless Steel Tubular Products. o. B88, Seamless Copper Water Tube (ANSI H23.1). p. C14, Standard Specification for Concrete Sewer, Storm Drain, and Culvert Pipe. q. C76, Reinforced Concrete Culvert, Storm Drain and Sewer Pipe. r. C301, Standard Test Methods for Vitrified Clay Pipe. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 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 15060 — 3 s. C361, Standard Specification for Reinforced Concrete Low -Head Pressure Pipe. t. C425, Compression Joints for Vitrified Clay Bell and Spigot Pipe. u. C443, Joints for Circular Concrete Sewer and Culvert Pipe Using Flexible, Watertight, Rubber Gaskets. v. C564, Rubber Gaskets for Cast -Iron Soil Pipe and Fittings. w. C700, Extra Strength and Standard Strength Clay Pipe and Perforated Clay Pipe. x. D1785, Specification for Rigid Poly Vinyl Chloride (PVC) Compounds and Chlorinated Poly Vinyl Chloride (CPVC) Compounds. y. D2466, Socket Type (PVC) Plastic Pipe Fittings, Schedule 40. z. D2467, Socket Type (PVC) Plastic Pipe Fittings, Schedule 80. aa. D2513, Thermoplastic Gas Pressure Pipe, Tubing, and Fittings. bb. D2683, Standard Specification for Socket -Type Polyethylene Fittings for Outside Diameter- Controlled Polyethylene Pipe and Tubing. cc. D3212, Standard Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. dd. D3261, Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing. ee. D4101, Standard Specification for Propylene Plastic Injection and Extrusion Materials. ff. F438, Standard Specification for Socket -Type Chlorinated Poly(Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. gg. F439, Standard Specification for Socket -Type Chlorinated Poly(Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. hh. F441, Standard Specification for Chlorinated Poly(Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40 and 80. ii. F491, Poly(Vinylidene Fluoride)(PVDF) Plastic Lined Ferrous Metal Pipe and Fittings. jj. F492, Propylene and Polypropylene (PP) Plastic Lined Ferrous Metal Pipe and Fittings. 5. American Water Works Association (AWWA): a. B300, Standard for Hypochlorites. b. C111, Rubber - Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings. c. C200, Steel Water Pipe 6 IN and Larger. d. C207, Steel Pipe Flanges for Waterworks Service - Sizes 4 IN through 144 IN. e. C208, Dimensions for Fabricated Steel Water Pipe Fittings. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15060 — 4 f. C301, Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids. g. C606, Grooved and Shouldered Joints. h. C651, Standard for Disinfecting Water Mains. 6. Cast Iron Soil Pipe Institute (CISPI): a. 301, Hubless Cast -Iron Sanitary System: With No Hub Pipe and Fittings. 7. National Fire Protection Association (NFPA). 8. Underwriters Laboratory, Inc (UL). 1.03 SYSTEM DESCRIPTION A. Piping Systems Organization and Definition: 1. Piping services are grouped into designated systems according to the chemical and physical properties of the fluid conveyed, system pressure, piping size and system materials of construction. 2. Table A below defines each service classification, its symbol, and the designated system classification number of each service. Table A: PIPING SERVICES SYMBOL SERVICE SYSTEM PW Potable Water 1 3. See PIPING SPECIFICATION SCHEDULES in PART 3. 1.04 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Fabrication and/or layout drawings: a. Exterior yard piping drawings (minimum scale 1 IN equals 10 FT) with information including: 1) Dimensions of piping lengths. 2) Invert or centerline elevations of piping crossings. 3) Acknowledgement of bury depth requirements. 4) Details of fittings, tapping locations, thrust blocks, restrained joint segments, harnessed joint segments, hydrants, and related appurtenances. 5) Acknowledge designated valve or gate tag numbers, manhole numbers, instrument tag numbers, pipe and line numbers. 6) Line slopes and vents. 3. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a 1 1 1 1 1 1. 1 a 1 a 15060 — 5 b. Copies of manufacturer's written directions regarding material handling, delivery, storage and installation. c. Separate schedule sheet for each piping system scheduled in this Section showing compliance of all system components. Attach technical product data on gaskets, pipe, fittings, and other components. 4. Qualifications: a. Qualifications of lab performing disinfection analysis on water systems. 5. Test reports: a. Copies of pressure test results on all piping systems. b. Reports defining results of dielectric testing and corrective action taken. c. Disinfection test report. d. Notification of time and date of piping pressure tests. B. Operation and Maintenance Manuals: 1. See Section 01340. 1.05 DELIVERY, STORAGE, AND HANDLING A. Protect pipe coating during handling using methods recommended by manufacturer. Use of bare cables, chains, hooks, metal bars or narrow skids in contact with coated pipe is not permitted. B. Prevent damage to pipe during transit. Repair abrasions, scars, and blemishes. If repair of satisfactory quality cannot be achieved, replace damaged material immediately. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Pipe saddles (for gage installation): a. Dresser Style 91 (steel and ductile iron systems). 2. Gages: a. Ashcroft. b. Or approved equal. B. Submit requests for substitution in accordance with Specification Section 01640. 2.02 PIPING SPECIFICATION SCHEDULES A. Piping system materials, fittings and appurtenances are subject to requirements of specific piping specification schedules located at the end of PART 3 of this Section. 2.03 COMPONENTS AND ACCESSORIES A. Valves: Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15060 — 6 PART 3- EXECUTION 1. See Drawings for valve types 4 IN and above. 2. See Section 15100. 3.01 EXTERIOR BURIED PIPING INSTALLATION A. Unless otherwise shown on the Drawings, provide a minimum of 4 FT and maximum of 8 FT earth cover over exterior buried piping systems and appurtenances conveying water, fluids, or solutions subject to freezing. B. Laying Pipe In Trench: 1. Excavate and backfill trench in accordance with Section 02221. 2. Clean each pipe length thoroughly and inspect for compliance to Specifications. 3. Grade trench bottom and excavate for pipe bell and lay pipe on trench bottom. 4. Install gasket or joint material according to manufacturer's directions after joints have been thoroughly cleaned and examined. 5. Except for first two joints, before making final connections of joints, install two full sections of pipe with earth tamped along side of pipe or final with bedding material placed. 6. Lay pipe in only suitable weather with good trench conditions. Never lay pipe in water except where approved by Engineer. 7. Seal open end of line with watertight plug if pipe laying stopped. 8. Remove water in trench before removal of plug. C. Lining Up Push -On Joint Piping: 1. Lay piping on route lines shown on Drawings. 2. Deflect from straight alignments or grades by vertical or horizontal curves or offsets. 3. Observe maximum deflection values stated in manufacturer's written literature. 4. Provide special bends when specified or where required alignment exceeds allowable deflections stipulated. 5. Install shorter lengths of pipe in such length and number that angular deflection of any joint, as represented by specified maximum deflection, is not exceeded. D. Anchorage and Blocking: 1. Provide reaction blocking, anchors, joint harnesses, or other acceptable means for preventing movement of piping caused by forces in or on buried piping tees, wye branches, plugs, or bends. 2. Place concrete blocking so that it extends from fitting into solid undisturbed earth wall. Concrete blocks shall not cover pipe joints. 3. Provide bearing area of concrete in accordance with drawing detail. E. Install insulating components where dissimilar metals are joined together. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15060 -7 3.02 CONNECTIONS WITH EXISTING PIPING A. Where connection between new work and existing work is made, use suitable and proper fittings to suit conditions encountered. B. Perform connections with existing piping at time and under conditions which will least interfere with service to customers affected by such operation. C. Undertake connections in fashion which will disturb system as little as possible. D. Provide suitable equipment and facilities to dewater, drain, and dispose of liquid removed without damage to adjacent property. E. Where connections to existing systems necessitate employment of past installation methods not currently part of trade practice, utilize necessary special piping components. F. Where connection involves potable water systems, provide disinfection methods as prescribed in these Specifications. G. Once tie -in to each existing system is initiated, continue work continuously until tie -in is made and tested. 3.03 PRESSURE GAGES A. Provide at locations shown on the Drawings as specified. B. Pressure Gages: 1. Provide on piping systems as shown on Contract Drawings and specified. 2. Provide each gage with a 250 LB stainless steel needle valve at the point of connection to equipment or piping. 3. All components: Suitable for service at 200 psig and 250 DegF. 4. Pressure gages: Glycerin liquid filled. Provide glycerin filled gage case. 5. Material for case, ring, bourdon tube, socket, angle valve, and connection tubing: Stainless steel. 6. Needle valves and connection tubing: a. 1/4 IN NPT on 2 -1/2 IN dial size. b. 1/2 IN on 4 -1/2 IN dial size. 7. Calibrate gages at job site for pressure and temperature in accordance with manufacturer's instructions. 8. Unless otherwise required by codes, provide stem - mounted or flush - mounted units with dial diameter as follows: PIPE SIZE DIAL SIZE 1 -1/2 IN or less 2 -1/2 IN Larger than 1 -1/2 IN 4 -1/2 IN Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15060 — 8 3.07 SCHEDULES 9. Colors: a. Faces: White. b. Numerals: Black. c. Pointers: Black. 10. Pressure range: 200 percent of normal operation. 11. Gage accuracy: Within 1 percent. 3.04 FIELD QUALITY CONTROL A. Pipe Testing: See Section 02660 for testing requirements. 3.05 CLEANING, DISINFECTION AND PURGING A. Cleaning and Disinfection of Potable Water Systems: See Section 02660 for cleaning, disinfection, and piping requirements. 1. Clean interior of piping systems thoroughly before installing. 2. Maintain pipe in clean condition during installation. 3. Before jointing piping, thoroughly clean and wipe joint contact surfaces and then properly dress and make joint. 4. Immediately prior to pressure testing, clean and remove grease, metal cuttings, dirt, or other foreign materials which may have entered the system. 3.06 LOCATION OF BURIED OBSTACLES A. Furnish exact location and description of buried utilities encountered and thrust block placement. B. Reference items to definitive reference point locations such as found property corners, entrances to buildings, existing structure lines, fire hydrants and related fixed structures. C. Include such information as location, elevation, coverage, supports and additional pertinent information. D. Incorporate information on "As- Recorded" Drawings. Table C: SERVICE SYSTEM SUMMARY Symbol Service System No. Construction Size (IN) Material Specified PW Potable Water 1 Exposed & buried 3 -24 Ductile A. PIPING SPECIFICATION SCHEDULE - SYSTEM 1 1. General: a. Piping symbol and service: 1) PW - Potable Water. b. Test requirements: 1) Test medium: Water. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15060 — 9 2) Pressure: 100 psig. 3) Duration: 2 HRS. c. Gaskets and 0- rings: 1) 0 -rings: Neoprene or rubber. 2) Flanged, push -on and mechanical joints (ductile iron): Rubber, AWWA C111. 3) Flanged joints (steel): Rubber, ANSI C207. 4) Grooved coupling joints (ductile and steel): Rubber, AWWA C606. 2. System components: a. Pipe size: 3 through 24 IN. 1) Exposed service: a) Materials: Ductile iron, Class 250 if flanged. If grooved type joint system, use pipe thickness per AWWA C606. With both systems, provide screwed on flanges at equipment, valves and structural penetrations. b) Reference: ANSI C115. c) Lining: Cement. d) Coating: Paint, per section 09905. e) Fittings: Either ANSI C110 ductile or gray iron. f) Joints: Flanged or grooved type mechanical coupling (AWWA C606) joints. With both systems, provide screwed -on flanges at valves, equipment, and structure penetration. 2) Buried service: a) Materials: Ductile iron, Class 250. b) Reference: ANSI C151. c) Lining: Cement. d) Coating: Bituminous. e) Fittings: Either ANSI C110 ductile or gray iron. Optional ANSI C153 ductile iron compact fittings for sizes 3 to 16 IN. f) Joints: Restrained joints, all buried pipe and carrier pipe in casing. g) Encasement: Polyethylene. No encasement required for carrier pipe in casing. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 — GENERAL 1.01 SUMMARY SECTION 15061 PIPE: STEEL A. Section Includes: 1. Steel pipe, fittings, and appurtenances. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15060 - Pipe and Pipe Fittings: Basic Requirements. 1.02 QUALITY ASSURANCE 15061 -1 A. Referenced Standards: 1. American National Standards Institute (ANSI): a. B1.1, Unified Inch Screw Threads (UN and UNR Thread Form). b. B2.1, Gages and Gaging for Unified Inch Screw Threads. c. B16.3, Malleable Iron Threaded Fittings. d. B16.5, Pipe Flanges and Flanged Fittings. e. B16.9, Factory-Made Wrought Steel Butt- Welding Fittings. f. B16.11, Forged Steel Fittings, Socket Welding and Threaded. g. B31.1, Power Piping. h. B31.3, Chemical Plant and Petroleum Refinery Piping. i. B31.9, Building Services Piping. 2. American Society for Testing and Materials (ASTM): a. A36, Specification for Structural Steel. b. A53, Standard Specification for Pipe, Steel, Black and Hot - Dipped, Zinc- Coated Welded and Seamless. c. A106, Standard Specification for Seamless Carbon Steel Pipe for High - Temperature Service. d. A181, Standard Specification for Forgings, Carbon Steel, for General- Purpose Piping. e. A234, Standard Specification for Pipe Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and Elevated Temperatures. f. A283, Low and Intermediate Tensile Strength Carbon Steel Plates. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15061 –2 B. Qualifications: 1. Use only certified welders meeting procedures and performance outlined in Section 9 of the ASME, Section 3.3.3 of AWWA C200 and other codes and requirements per local building and utility requirements. 1.03 SUBMITTALS g. A307, Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength. h. A570, Standard Specifications for Steel, Sheet and Strip, Carbon, Hot - Rolled, Structural Quality. i. A572, Standard Specifications for High - Strength Low -Alloy Columbium - Vanadium Steels of Structural Quality. j. B6, Standard Specification for Zinc. k. D1330, Rubber Sheet Gaskets. 3. American Water Works Association (AWWA): a. C200, Steel Water Pipe 6 IN and larger. b. C203, Coat Tar Protective Coatings and Linings for Steel water pipeline— enamel and tape —hot applied. c. C205, Standard for Cement - Mortar Lining and Coating for Steel Water Pipe 4 IN and Larger Shop Applied. d. C206, Field Welding of Steel Water Pipe. e. C207, Steel Pipe Flanges for Waterworks Service, Sizes 4 IN through 144 IN. f. C208, Dimensions for Fabricated Steel Water Pipe Fittings. g. C209, Cold- Applied Tape Coatings for the Exterior of Special Sections, Connections, and Fittings for Steel Water Pipelines. h. C210, Standard for Liquid Epoxy Coating Systems for Interior and Exterior of Steel Water Pipelines. i. C606, Grooved and Shouldered Joints. j. Manual M11, Steel Pipe - A guide for Design and Installation. 4. Military Specifications: a. QQ- P -416F, Plating, Cadmium Electro Deposited. A. Shop Drawings- 1. See Section 15060. 2. Factory test reports. 3. Welders certificates. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 a 1 1 1 1 1 1 a 1 1 1 1 1 1 1 • 1 1 1 1 1 1 1 1 1 1 PART 2 — PRODUCTS 2.01 MATERIALS A. Steel Pipe (Fabricated Type): 1. AWWA C200: a. ASTM A36, Grade C Steel Plate. b. ASTM A283, Grade D Steel Plate. c. ASTM A570, Steel Sheet. d. ASTM A572, Steel Plate. B. Steel Pipe (Mill Type): 1. ASTM A53, Type E or S. 2.02 FABRICATION A. Provide piping (mill or fabricated) for use in this Project within minimum wall thicknesses as follows: 1. 16-48 IN DIA pipe: 1/2 IN. 2. Sizes greater than 24 are ID. PART 3 — EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions. END OF SECTION 15061 — 3 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) PART 1- GENERAL SECTION 15062 PIPE: DUCTILE 15062 — 1 1.01 SUMMARY A. Section Includes: 1. Ductile iron piping, fittings, and appurtenances. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American National Standards Institute (ANSI): a. B1.1, Unified Inch Screw Threads (UN and UNR Thread Form). b. B16.1, Cast -Iron Pipe Flanges and Flanged Fittings, Class 25, 125, 250, and 800. c. B16.21, Nonmetallic Flat Gaskets for Pipe Flanges. 2. American Society for Testing and Materials (ASTM): a. A183, Carbon Steel Track Bolts. b. A193, Alloy -Steel and Stainless Steel Bolting Materials for High Temperature Service. c. A194, Carbon and Alloy Steel Nuts and Bolts for High Pressure and High Temperature Service. d. A307, Standard Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength. e. B695, Standard Specification for Coatings of Zinc Mechanically Deposited on Iron and Steel. f. D1330, Rubber Sheet Gaskets. 3. American Water Works Association (AWWA): a. C104, Cement - Mortar Lining for Ductile -Iron Pipe and Fittings for Water. b. C105, Polyethylene Encasement for Gray and Ductile Cast -Iron Piping for Water and Other Liquids. c. C110, Ductile Iron and Gray Iron Fittings, 3 IN through 48 IN for Water and Other Liquids. d. C111, Gasket Joints for Cast Iron and Ductile Iron Pressure Pipe and Fittings. e. C115, Flanged Ductile Iron Pipe with Threaded Flanges. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15062 — 2 f. C150, Thickness Design of Ductile Iron Pipe. g. C151, Ductile Iron Pipe, Centrifugally Cast -In -Metal Molds or Sand -Lined Molds, for Water or Other Liquids. h. C153, Ductile -Iron Compact Fittings, 3 in -u through 16 in. —u for Water and Other Liquids. i. C203, Coal -Tar Protective Coatings and Linings for Steel Water Pipelines - Enamel and Tape -Hot Applied. j. C606, Grooved and Shouldered Joints. 4. Military Specification (Mil Spec): a. QQ- P -416F, Plating, Cadmium Electro Deposited. 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 15060. 2. Certification of factory hydrostatic testing. 3. If mechanical coupling system is used, submit piping, fittings, and appurtenant items which will be utilized to meet system requirements. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Flanged adapters: a. Rockwell (Style 912 (cast)). b. Dresser (Style 127 (cast)). c. Or approved equal. 2. Compression sleeve coupling: a. Rockwell (Style 431 (cast)). b. Dresser (Style 153 (cast)). c. Or approved equal. 3. Mechanical coupling: a. Victaulic (Style 31). b. Tyler. c. Or approved equal. 4. Reducing couplings: a. Rockwell (Style 415). b. Dresser (Style 62). 5. Transition coupling: a. Rockwell (Style 413). July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 2.03 MANUFACTURED UNITS A. Couplings: 15062 — 3 b. Dresser (Style 62). c. Or approved equal. 6. Polyethylene encasement tape: a. Chase (Chasekote 750). b. Kendall (Polyken 900). c. 3 M (Scotchrap 50). d. Or approved equal. 7. Restrained joints: a. American (Lock Fast) - 12 IN and below. b. US Pipe (TR -Flex) - 4 IN to 54 IN. c. American (Lock Fast) - Above 12 IN. d. Or approved equal. B. Submit requests for substitution in accordance with Specification Section 01640. 2.02 MATERIALS A. Ductile Iron Pipe: 1. AWWA C115. 2. AWWA C150. 3. AWWA C151. B. Fittings and Flanges: 1. AWWA C110. 2. AWWA C115. 3. Flanges drilled and faced per ANSI B16.1 for both 125 and 250 psi applications. C. Nuts and Bolts: 1. Buried: Cadmium- plated meeting Military Specification QQP416F, Type 1, Class 2 (Cor -Ten) for buried application. Exposed: Mechanical galvanized ASTM B695, Class 40. 2. Heads and dimensions per ANSI B1.1. 3. Threaded per ANSI B1.1. 4. Project ends 1/4 to 1/2 IN beyond nuts. D. Gaskets: 1. Flanged, push -on, and mechanical joint (ductile iron): Rubber AWWA. E. If mechanical coupling system is used, utilize pipe thickness and grade in accordance with AWWA C606. F. Polyethylene Encasement: See AWWA C105. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15062 — 4 1. Flanged adapters: a. Unit consisting of steel or carbon steel body sleeve, flange, followers, Grade 30 rubber gaskets. b. Provide units equal to those specified in Article 2.01. c. Supply flanges meeting standards of adjoining flanges. d. Rate entire assembly for test pressure specified on piping schedule for each respective application. 2. Compression sleeve coupling: a. Unit consisting of steel sleeve, followers, Grade 30 rubber gaskets. b. Provide units equal to those specified in Article 2.01. c. Supply flanges meeting standards of adjoining flanges. d. Entire assembly to be rated for test pressure specified on piping schedule for each respective application. e. Provide field coating for buried couplings per AWWA C203. 3. Mechanical couplings: a. Use of mechanical couplings and fittings in lieu of flanged joints is acceptable. Utilize units defined in Article 2.01. 2.04 FABRICATION A. Furnish and install without outside coatings of bituminous material any exposed pipe scheduled to be painted. B. Furnish cast parts with lacquer finish compatible with finish coat. 2.05 SOURCE QUALITY CONTROL A. Factory Test: 1. Subject pipe to hydrostatic test of not less than 500 psi with the pipe under the full test pressure for at least 10 seconds. PART 3- EXECUTION 3.01 INSTALLATION A. Joining Method - Push -On Mechanical (Gland -Type) Joints: 1. Install in accordance with AWWA C111. 2. Assemble mechanical joints carefully according to manufacturer's recommendations. 3. If effective sealing is not obtained, disassemble, thoroughly clean, and reassemble the joint. 4. Do not overstress bolts. 5. Where piping utilizes mechanical joints with tie rods, align joint holes to permit installation of harness bolts. B. Joining Method - Push -On Joints: July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 15062 — 5 1. Install in accordance with AWWA C151. 2. Assemble push -on joints in accordance with manufacturer's directions. 3. Bevel and lubricate spigot end of pipe to facilitate assembly without damage to gasket. Use lubricant that is non - toxic, does not support the growth of bacteria, has no deteriorating effects on the gasket material, and imparts no taste or odor to water in pipe. 4. Assure the gasket groove is thoroughly clean. 5. For cold weather installation, warm gasket prior to placement in bell. 6. Taper of bevel shall be approximately 30 degrees with centerline of pipe and approximately 1/4 IN back. C. Joining Method - Flanged Joints: 1. Install in accordance with AWWA C115. 2. Extend pipe completely through screwed -on flanged and machine flange face and pipe in single operation. 3. Make flange faces flat and perpendicular to pipe centerline. 4. When bolting flange joints, exercise extreme care to ensure that there is no restraint on opposite end of pipe or fitting which would prevent uniform gasket compression or would cause unnecessary stress, bending or torsional strains to be applied to cast flanges or flanged fittings. 5. Allow one flange free movement in any direction while bolts are being tightened. 6. Do not assemble adjoining flexible joints until flanged joints in piping system have been tightened. 7. Gradually tighten flange bolts uniformly to permit even gasket compression. D. Joining Method - Mechanical Coupling Joint: 1. Arrange piping so that pipe ends are in full contact. 2. Groove and shoulder ends of piping in accordance with manufacturer's recommendations. 3. Provide coupling and grooving technique assuring a connection which passes pressure testing requirements. E. Flange Adapters 12 IN and Less: 1. Locate and drill holes for anchor studs after pipe is in place and bolted tight. 2. Drill holes not more than 1/8 IN larger than diameter of stud projection. F. Cutting: 1. Do not damage interior lining material during cutting. 2. Use abrasive wheel cutters or saws. 3. Make square cuts. 4. Bevel and free cut ends of sharp edges after cutting. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15062 — 6 G. Where specified in Section 15060 under individual piping system, install polyethylene encasement in full compliance to ANSI A21.5 (AWWA C105). 1. Encase underground appurtenances required as part of installation. 2. Where tapping polyethylene encased pipe, first wrap location of tap with three layers of polyethylene adhesive tape. Make tap through tape. 3. Make sections 2 FT longer than pipe section to be covered. 4. Slip tube over pipe while pipe is suspended immediately before placing in trench. 5. After installing in trench, pull tube ends over joint and overlap. 6. Fasten securely in -place on each side of each joint with joint tape or strapping. 7. Pull loose tube along pipe barrel up snugly around pipe and fasten in -place with joint tape at 3 FT intervals. 8. Completely cover fittings and connections with film held snugly in -place with joint tape or strapping. H. Install buried piping in accordance with Sections 15060. I. Install restrained joint systems where specified in Section 15060 under specific piping system. 3.02 FIELD QUALITY CONTROL A. Test piping systems in accordance with Section 15060 and Section 02660. END OF SECTION July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) PART 1 - GENERAL SECTION 15100 VALVES: BASIC REQUIREMENTS 1.01 SUMMARY A. Section Includes: 1. Valving, actuators, and valving appurtenances. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15060 - Pipe and Pipe Fittings: Basic Requirements. 4. Section 15101 - Gate Valves. 5. Section 15114 - Miscellaneous Valves. 15100 —1 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American National Standards Institute (ANSI): a. B1.20.1, Pipe Threads, General Purpose. b. B16.1, Cast Iron Pipe Flanges and Flanged Fittings. c. B16.18, Cast Copper Alloy Solder Joint Pressure Fittings. d. B16.34, Valves- Flanged, Threaded and Welding End. 2. American Water Works Association (AWWA): a. C111, Rubber - Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings. b. C207, Steel Pipe Flanges for Waterworks Service - Sizes 4 IN through 144 IN. c. C500, Gate Valves for Water and Sewerage Systems. d. C504, Rubber - Seated Butterfly Valves. e. C507, Ball Valves, 6 IN through 48 IN (150 MM through 1200 MM). f. C509, Resilient- Seated Gate Valves 3 through 12 NPS, for Water and Sewage Systems. g. C540, Power - Actuating Devices for Valves and Sluice Gates. h. C550, Protective Epoxy Interior Coatings for Valves and Hydrants. i. C606, Grooved and Shouldered Joints. 3. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc.(MSS). Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15100 -2 1.03 DEFINITIONS A. The following are definitions of abbreviations used in this section or one of the individual valve sections. 1. CWP: Cold water working pressure. 1.04 SUBMITTALS A. Shop Drawings: 1. See Section 01340. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. c. Valve pressure and temperature rating. d. Valve material of construction. e. Special linings. f. Valve dimensions and weight. g. Valve flow coefficient. h. Wiring and control diagrams for electric or cylinder actuators. 3. Test reports. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Refer to individual valve specification sections. 2.02 MATERIALS A. Refer to individual valve specification sections. 2.03 VALVE ACTUATORS A. Valve Actuators - General: 1. Provide actuators as shown on Drawings or specified. 2. Counter clockwise opening as viewed from the top. 3. Direction of opening and the word OPEN to be cast in handwheel or valve bonnet. 4. Size actuator to produce required torque with a maximum pull of 80 LB at the maximum pressure rating of the valve provided and withstand without damage a pull of 200 LB on handwheel or chainwheel or 300 foot - pounds torque on the operating nut. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 15100 — 3 5. Unless otherwise specified, actuators for valves to be buried, submerged or installed in vaults or manholes shall be sealed to withstand at least 20 feet of submergence. 6. Extension Stem: a. Install where shown or specified. b. Solid steel with actuator key and nut, diameter not less than stem of valve actuator shaft. c. Pin all stem connections. d. Center in valve box or grating opening band with guide bushing. B. Buried Valve Actuators: 1. Provide screw or slide type adjustable cast iron valve box, 5 IN minimum diameter, 3/16 IN minimum thickness, and identifying cast iron cover. 2. Box base to enclose buried valve gear box or bonnet. 3. Provide 2 IN standard actuator nuts complying with Section 3.16 of AWWA C500. 4. Provide at least two teehandle keys for actuator nuts, with 5 FT extension between key and handle. 5. Extension Stem: a. Provide for buried valves greater than 4 FT below finish grade. b. Extend to within 6 IN of finish grade. 6. Provide concrete pad encasement of valve box as shown for all buried valves unless shown otherwise. C. Exposed Valve Manual Actuators: 1. Provide for all exposed valves not having electric or cylinder actuators. 2. Provide handwheels for gate and globe valves. a. Size handwheels for valves in accordance with AWWA C500. 3. Provide lever actuators for plug valves, butterfly valves and ball valves 3 IN DIA and smaller. a. Lever actuators for butterfly valves shall have a minimum of 5 intermediate lock positions between full open and full close. ' b. Provide at least two levers for each type and size of valve furnished. 4. Gear actuators required for plug valves, butterfly valves, and ball valves 4 IN DIA and larger. 5. Provide gearing for gate valves 20 IN and larger in accordance with AWWA C500. 6. Gear actuators to be totally enclosed, permanently lubricated and with sealed bearings. 7. Provide chain actuators for valves 6 FT or higher from finish floor to valve centerline. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15100 — 4 a. Cadmium- plated chain looped to within 3 FT of finish floor. b. Equip chain wheels with chain guides to permit rapid operation with reasonable side pull without "gagging" the wheel. 8. Provide cast iron floor stands where shown on Drawings. Stands to be furnished by valve manufacturer with actuator. a. Stand or actuator to include thrust bearings for valve operation and weight of accessories. 2.04 FABRICATION A. End Connections: 1. Provide the type of end connections for valves as required in the Piping Schedules presented in Section 15060 or as shown on the Drawings. 2. Comply with the following standards: a. Threaded: ANSI B1.20.1. b. Flanged: ANSI B16.1 Class 125 unless otherwise noted or AWWA C207. c. Bell and spigot or mechanical (gland) type: AWWA C111. d. Soldered: ANSI B16.18. e. Grooved: Rigid joints per Table 5 of AWWA C606. B. Refer to individual valve sections for specifications of each type of valve on Project. C. Nuts, Bolts, and Washers: 1. Wetted or internal to be bronze or stainless steel. Exposed to be zinc or cadmium plated. D. Epoxy Interior Coating: 1. Provide epoxy interior coating for all ferrous surfaces in accordance with AWWA C550. PART 3 - EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Painting Requirements: 1. Comply with Section 09905 for painting and protective coatings. C. Setting Buried Valves: 1. Locate valves installed in pipe trenches where buried pipe indicated on Drawings. 2. Set valves and valve boxes plumb. 3. Place valve boxes directly over valves with top of box being brought to surface of finished grade. 4. Install in closed position. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15100 — 5 5. Place valve on firm footing in trench to prevent settling and excessive strain on connection to pipe. 6. After installation, backfill up to top of box for a minimum distance of 4 FT on each side of box. D. Support exposed valves and piping adjacent to valves independently to eliminate pipe loads being transferred to valve and valve loads being transferred to the piping. E. For ground coupling valves, install rigid type couplings {or provide separate support to prevent rotation of valve from installed position }. F. Install electric or cylinder actuators above or horizontally adjacent to valve and gear box to optimize access to controls and external handwheel. G. For threaded valves, provide union on one side within 2 FT of valve to allow valve removal. H. Install valves accessible for operation, inspection, and maintenance. 3.02 ADJUSTING A. Adjustment valves, actuators and appurtenant equipment to comply with Section 01650. Operate valve, open and close at system pressures. 3.03 SCHEDULES A. Unless shown otherwise on Drawings and drawing schedules, provide valves as follows: SERVICE SIZE TYPE Water 3 IN to 12 IN Gate valves, double disc, AWWA C500 or Gate valves; resilient seated, AWWA C509. See Section 15101. 14 IN and larger Butterfly valve, rubber seated, AWWA C504. See Section 15103. END OF SECTION Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Gate valves. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15100 - Valves: Basic Requirements. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American Water Works Association (AWWA): a. C500, Metal- Seated Gate Valves for Water Supply Service. b. C509, Resilient - Seated Gate Valves for Water and Sewerage Systems. c. C550, Protective Epoxy Interior Castings for Valves and Hydrants. 2. Manufacturer's Standardization Society of the Valve and Fittings Industry, Inc (MSS): a. SP -9, Spot Facing for Bronze, Iron and Steel Flanges. b. SP -70, Cast Iron Gate Valves, Flanged and Threaded Ends. c. SP -80, Bronze Gate, Globe, Angle and Check Valves. 1.03 DEFINITIONS A. NRS: Non - rising Stem. B. RS: Rising Stem. 1.04 SUBMITTALS A. Shop Drawings: 1. See Section 15100. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS SECTION 15101 GATE VALVES 15101 — 1 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the manufacturers listed under the specific valve types are acceptable. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15101 —2 2.02 VALVES: WATER; 3 TO 12 IN DIA A. Double Disc Gate Valve (Water Application): 1. Comply with AWWA C500. 2. Materials: a. Seating surfaces, stems, stem nut - bronze. b. Body, disc - cast iron. 3. Design requirements: a. 200 psi working pressure. b. Buried - NRS, 0-ring stem seal, 2 IN operation nut. c. Exposed - NRS, 0-ring stem seal, handwheel RS, stuffing box stem seals, handwheel. B. Acceptable Manufacturers: 1. American Flow Control. 2. Clow. 3. M &H. 4. Mueller. 5. American Flow Control. 6. Or equal. 2.03 ACCESSORIES A. Refer to Drawings and valve schedule for type of actuators. Furnish actuator integral with valve. B. Refer to Section 15100 for actuator requirements. 2.04 FABRICATION - A. General: 1. Provide valves with clear waterways the full diameter of the valve. B. Spot valves in accordance with MSS SP -9. 2.05 SOURCE QUALITY CONTROL A. Perform following tests, in accordance with AWWA C500, on valves constructed in accordance with AWWA C500: 1. Operation test. 2. Hydrostatic test. PART 3- EXECUTION 3.01 INSTALLATION A. See Section 15100. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B. Where larger buried valves utilize smaller bypass valves, provide a second valve box installed over the bypass valve operating nut. C. Do not install gate valves inverted or with the stems sloped more than 45 degrees from the upright unless the valve was ordered and manufactured specifically for this orientation. END OF SECTION 15101 — 3 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Butterfly valves. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15060 - Pipe and Pipe Fittings: Basic Requirements. 4. Section 15100 - Valves: Basic Requirements. . 1.02 QUALITY ASSURANCE A. Referenced Standards: Mechanical Joint End Class 150B, in sizes 3 IN - 24 IN. 1. American National Standards Institute (ANSI): a. B16.1, Pipe Flanges and Flanged Fittings, 2. American Society for Testing and Materials (ASTM): a. A48, Specifications for Gray Iron Castings. b. Al26, Gray Iron Castings for Valves, Flanges and Pipe Fittings. c. A536, Ductile Iron Castings. 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 15100. 2. For valves 8 IN and larger, furnish "Affidavit of Compliance" with Owner in accordance with AWWA C504. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS SECTION 15103 BUTTERFLY VALVES 15103 —1 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. DeZurik. 2. Clow. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15103 —2 3. Dresser. 4. Mueller. 5. Pratt. B. Submit requests for substitution in accordance with Specification Section 01640. 2.02 BUTTERFLY VALVES (AWWA C504) A. Comply with AWWA C504. B. Materials: 1. Valve bodies: a. ASTM Al26, Class B or ASTM A536 Grade 65 -45 -12 ductile iron. 2. Valve shafts: a. Stainless steel, 18 -8, Type 304 or 316. 3. Valve discs: a. Potable water: 1) ASTM A48, Class 40 cast iron. 2) ASTM A536, Grade 65 -45 -12 ductile iron. 3) ASTM A436, Type 1 alloy cast iron. 4) Bronze in accordance with AWWA C504. 4. Valve seats: a. Potable water below 150 DegF: 1) Natural rubber. 5. Mating surfaces: a. Valves less than 30 IN: ASTM A276, 18 -8, stainless steel or bronze. C. Design Requirements: 1. Seat type: Resilient. Comply with AWWA C504. 2. Direct buried valves: a. All valves: Working pressure rated for 150 psi (Class .150B per AWWA C504). 2.03 ACCESSORIES A. Refer to Drawings and/or valve schedule for type of actuators Furnish actuator integral with valve. B. Refer to Section 15100 for actuator requirements. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 3- EXECUTION 3.01 INSTALLATION A. See Section 15100. END OF SECTION 15103 — 3 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1- GENEBAL 1.01 SUMMARY A. Section Includes: 1. Air release and vacuum relief valves. 2. Automatic control valves: a. Pressure reducing valves. b. Solenoid control valve. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 15100 - Valves: Basic Requirements. 1.02 QUALITY ASSURANCE A. Referenced Standards: 1. American Gas Association (AGA). 2. American National Standards Institute (ANSI): a. B16.1, Cast -Iron Pipe Flanges and Flanged Fittings, Class. 3. American Water Works Association (AWWA): a. C512, Air - Release, Air/Vacuum, and Combination Air Valves for Waterworks Service. b. C550, Protective Epoxy Interior Coatings for Valves and Hydrants. 1.03 SUBMITTALS A. Shop Drawings: 1. See Section 15100. B. Operation and Maintenance Manuals: 1. See Section 01340. PART 2- PRODUCTS SECTION 15114 MISCELLANEOUS VALVES 15114— 1 2.01 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the manufacturers listed under the specific valve types are acceptable. B. Submit requests for substitution in accordance with Specification Section 01640. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15114 — 2 2.02 AIR RELEASE AND VACUUM RELIEF VALVES A. General: 1. Conform to AWWA C512. B. Air Release Valve (Water): 1. Acceptable manufacturers: a. APCO 200A, 2 IN. b. GA Industries, Figure 920, 2 IN. c. Or approved equal. 2. Materials a. Body and cover: Cast iron or semi - steel. b. Float: Stainless steel. c. Linkage and trim: Bronze or stainless steel. 3. Design requirements: a. Working pressure: 100 psi. b. Release 10 cfin at 10 psi differential at 150 psi line pressure. 2.03 AUTOMATIC CONTROL VALVES A. Pressure Reducing Valve: 1. Differential piston hydraulically operated: Acceptable manufacturers: 1) CLA -VAL 90 -48KX w/X117C Valve Position Transmitter. 2) Or approved equal. b. Function: As long as the inlet pressure is above the setting of the equalizing pilot, the pressure reducing valve shall throttle to reduce a higher, fluctuating upstream pressure in order to maintain a constant, lower valve downstream pressure, regardless of variations in demand. In the event the upstream pressure falls to the setting of the equalizing pilot, the valve shall open fully to permit reverse unregulated flow. The valve shall revert to the pressure reducing function whenever the upstream pressure increases above the setting of the equalizing pilot. c. Materials: 1) Body: Cast iron, ASTM Al26, Class B. 2) Piston, liner and seat crown: Bronze. 3) Piston cup and liner cup: Leather or Buna -N. d. Design requirements: 1) Valve liner with vee -port openings. 2) Integral flanges, faced and drilled per ANSI B16.1, Class 125. 3) Size: 10 IN. a. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 15114 — 3 4) Operating pressure: a) Maximum 100 psi. b) Minimum 40 psi. 5) Flow range: a) Normal maximum 2500 gpm. b) Normal minimum 20 gpm. e. Provide a system of hydraulic controls to enable the valve to perform the function(s) listed below. 1) Provide a direct - acting, diaphragm- operated, spring - loaded bronze and stainless steel reducing pilot. Pilot spring shall be factory set at the desired reduced pressure, but easily field adjustable from near zero to 10% above the factory setting. 2) Provide a direct - acting, diaphragm - operated, spring - loaded bronze and stainless steel equalizing pilot. Pilot spring shall be factory set at the desired equalizing pressure, but easily field adjustable from near zero to 10% above the factory setting. 3) Provide an adjustable closing speed control, y- strainer with stainless steel screen, pilot isolating valves and non - corrosive pilot piping. Pilot system shall be suitable for the working pressure. 2. Shop Finishing: a. Shop paint outside surfaces with primer as specified in Section 09905. 3. Valve Position Transmitter: a. Provide valve position transmitter for each Pressure Reducing Valve provided. b. Pressure Rating: 400 psi maximum. c. Temperature Rating: —13° to 185° F. d. Cast aluminum housing, steel bracket, brass adaptor, stainless steel stem, Buna -N rubber seals. e. Electrical enclosure: NEMA Type 4. f. Output Current: 4-20 mA. 4. Valve limit switches: Open/Closed, SPDT, 0.5 Amp 125 V DC. B. Solenoid Control Valve: 1. Acceptable manufacturers: a. CLA -VAL 136 -03 w/X105 Limit switch, Globe. b. Or approved equal. 2. Design requirements: a. Modulate basic valve to control high water level in the reservoir. b. Close valve at high water level and open when water level lowers. Valve shall be controlled with solenoid valve. Water System Improvements July 1997 Pressure Plane No. 4 (DELL area) 15114 — 4 PART 3 - EXECUTION c. Assembles all control features and hardware on basic valve at factory. d. Use corrosion- resistant metal for all exposed portions of the control. e. Size: 16 IN. 3. Valve Position Transmitter: a. Provide valve position transmitter for each Solenoid Control Valve provided. b. Pressure Rating: 400 psi maximum. c. Temperature Rating: —13° to 185° F. d. Cast aluminum housing, steel bracket, brass adaptor, stainless steel stem, Buna -N rubber seals. e. Electrical enclosure: NEMA Type 4. f. Output Current: 4-20 mA. 4. Shop finishes: a. Shop paint outside surfaces with primer specified in Section 09905. 2.05 ACCESSORIES A. Furnish any accessories required to provide a completely operable valve. 2.06 FABRICATION A. Completely shop assemble unit including any interconnecting piping, speed control valves, control isolation valves and electrical components. B. Provide internal epoxy coating suitable for potable water for all iron body valves in accordance with AWWA C550. 2.07 SOURCE QUALITY CONTROL A. Shop hydrostatically test to piping system test pressure. 2.08 MAINTENANCE MATERIALS A. Provide one set of any special tools or wrenches required for operation or maintenance for each type valve. 3.01 INSTALLATION A. General: 1. See Sections 11005 and 15100. B. Air Release, Vacuum Relief, and Pressure Relief Valves: 1. Pipe exhaust to a suitable disposal point. 2. Where exhausted to a trapped floor drain, terminate exhaust line 6 IN minimum above floor. July 1997 Water System Improvements Pressure Plane No. 4 (DELL area) 1 1 1 1 1 1 1 $ 1 1 1 1 1 1 1 1 1 1 3.02 FIELD QUALITY CONTROL A. Clean, inspect, and operate valve to ensure all parts are operable and valve seats properly. B. Check and adjust valves and accessories in accordance with manufacturer's instructions and place into operation. END OF SECTION 15114 — 5 Water System Improvements July 1997 Pressure Plane No. 4 (DELL area)