The URL can be used to link to this page

R-97-12-18-10D - 12/18/1997A011I:D® CERTIFICATE OF INSURANCE 7/29/1998 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 Worldwide Risk and Benefits Management Formerly Richards Insurance Agency SUMMIT PO. Box 3621 Temple, Texas 76505 G L O B A L P A R T N E R S Phone: (254) 778.1607 Pax: (254) 778 .0442 INSURED Psencik Construction, LTD and/ or Psencik Management, Inc. PO Box 3207 Temple, TX 76503 O POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (110)57005 DATE (00)00 Y0) TR A GENERAL LIABILITY X COMMERCIAL 0E4ERAL LIABILITY CI AIMS MADE X OCCUR OWNER'S A CONTRACTOR'S PROT AUTOMOBILE LIABILITY B X ANY AUTO X ALL OWNED AUTOS X SCHEDULED AUTOS X 8I010 Al1TOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS WBIUTY A X A 1415 IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWISHSIANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERIAIN. THE INSURANCE AFFORDED BY THE P0I ICIFS DESCRIBED HEREIN IS SUBJECT 10 ALL THE T'ERM5, EXCLUSIONS AND CONDITIONS OF SUCH POI ICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY TXP8292924 TCA8292926 U06724623 WCRRAn23001 C OMPANY A ETTER COMFANV B LETTER COMPANY `. ETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE Trinity Universal Ins. Co. Trinity Lloyds GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /00 AGG s 2,000,000 08/01/98 08/01/99 PERSONAL 8. ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one HAT 8 50,000 MED. EXPENSE (Any one pereon) s 5,000 COMBINED SINGLE IIMIT $ 1,000,000 08/01/98 08/01/99 Bo71LYINJU0Y (Per perso B001IV INJURY (Per RccidenQ PROPERTY DAMAGE EACH OCCURRENCE 08/01/98 08/01/99 AGGREGATE X STATUTORY LIM :10/22/97 10 / 2 2/ 9 8 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE- EACH EMPLOYEE LIMITS OTHER A Contractor's 1M6724631 08/01/98 08/01/99 limit on any Equipment DESCRIPTION OF OFBUTION&LOCAT1ONRNEHICLEGBPECUL ITEMS re: Installation of Backflow Prevention Devices at Interconnects be- tween City of Round Rock and Brushy Creek Mud Water Distribution Systems. Contract Amount - $106,600. Blanket additional insured (excl work comp) and 30 -day cancellation endorsements as required. rented piece ISSUE DATE (MMNU/YY) $ $ 2,000,000 s 2,000,000 $ 500,000 $ 500,000 $ 500,000 185,000 0RRT161CATE iimpan City of Round Rock Attn: Joanne Land` 221 E. Main Street Round Rock, TX 78664 ACORD',265 cIF CANCBLLA3 iN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NY KIND U j@FJHE C ANY, I AGENTS OR REPRESENTATIVES. RICHARD8 INSURANCE AGENCY !AMMe C.0N61 t�tET 1 19BD ACORD RTI ATE L ABMLITY INSURANCE DATE 8' PRODUCER 254 778 - 1607 Summit Global Partners P.O. Box 3623 Temple, TX 76505 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 Trinity Universal Ins. Co. INSURED Psencik Construction, LTD PO Box 3207 Temple TX 76505 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY 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, BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POUCY NUMBER PoUCY EFFECTIVE DATE (MM/DD/YYI PoLICV EXPIRATION DATE IMM /DD/YYI OMITS A GENERAL X UABIUTY COMMERCIAL GENERAL LIABILITY TXP829292401 8/01 /98 8/01/99 GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP/OP AGG $ 2000000 PERSONAL & ADV INJURY $ 1000000 1 CLAIMS MADE X OCCUR EACH OCCURRENCE $ 1000000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50000 MED EXP Any one person) S 5000 A AUTOMOBILE X X X X UA91107 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS TCA829292601 8/01/98 8/01/99 COMBINED SINGLE LIMIT 5 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS X LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM U0672462301 8/01/98 8/01 /99 EACH OCCURRENCE $ 2000000 AGGREGATE $ 2000000 $ A WORKERS COMPENSATION BAPLOYBRS LIABILITY THE PROPRIETOR/ PARTNERS /EXECUTIVE OFFICERS ARE: AND X - INCL EXCL 98WC8040230 10/22/98 10/22/99 ITDGYUI i VP EL EACH ACCIDENT —_' $ 500000 EL DISEASE - POLICY LIMIT $ 500000 EL DISEASE - EA EMPLOYEE $ 500000 OTHER DESCRIPTION OF OPE ATIONSADCATIDNSNEICLES/SPECIAL IDEAS RE: INSTALLATION OF BACKFLOW PREVENTION DEVICES AT INTERCONNECTS TWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUD WATER DISTRIBUTION SYSTEMS. CONTRACT AMOUNT - $106,600. BLANKET ADDITIONAL (EXCL WORK COMP) AND 30 -DAY CANCELLATION ENDTS AS REQUIRED BE- INSURED BY CONTRACT :;s,. � � '. u; +'. wx<. r'EC'Y°'`,Y ««., 3�. s'�� Y <. p eM:?u$[.�.hk» c ,a.wr.w nn, u ��. �. . ��'Pe �.. ��• a w'�b:. ':'AS'&:3 FY�'E�'a�w.- � � ,i"4"i_��r. CITY OF ROUND ROCK ATTN: JOANNE LAND 221 E. MAIN STREET ROUND ROCK, TX 78664 ° >t >'F'£'.. * <:;: _: �:��:$$p.' �«sr.:�a.. ^.�`�k.�gH�`¢: tr•�'r?..y.:g' .. {�:_.'), ?v�1c¢t:.�F`�3'�aiR '�:4v �:F-a d.. .n.k3E �.iY >S. �`#1"..,, ,., £4'3..a.3!r ...�i��irA- ..r.%i` 8HOIAD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCROID BEFORE THE EXPEDITION DATE TXEIEOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS W ITTEI NOTICE TO ME CEITFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO °SIIOATION 011 UABIUTY or ANY END UPON THE ^• PAHY. I $ = _ - OR RERE8E TATIVSS, AUTH onno t� -�� . .. .'.fit.. �- a� �F,' . >::Fn.>.>38: y:. .:.k. ..... ... :: ... .. '.. F. : '.. Rl��',�, 1 1 CONTRACT DOCUMENTS 1 AND SPECIFICATIONS FOR THE INSTALLATION OF 1 BACKFLOW PREVENTION DEVICES AT INTERCONNF!.TS BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUD WATER DISTRIBUTION SYSTEMS 1 1 1 1 1 1 1 1 1 1 1 APPROVED BY Y CITY �TI=O 1 CITY OF ROUND ROCK, TEXAS • • August 1997 • L. • /e 97- /.)- /c - /DD SET NUMBER ORIGINAL CONTRACT DOCUMENTS 1 1 1 1 a 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE INSTALLATION OF BACKFLOW PREVENTION DEVICES AT INTERCONNECTS BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUD WATER DISTRIBUTION SYSTEMS CITY OF ROUND ROCK, TEXAS AUGUST 1997 HDR ENGINEERING, INC. 2211 South IH -35, Suite 300 Austin, Texas 78741 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 DIVISION 1 — GENERAL REQUIREMENTS 01060 Special Conditions 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 C1: 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 02660 Water Main Construction ToC — 1 Installation of Backflow Prevention Devices August 1997 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L 1 1 1 1 1 1 T ToC -- 2 DIVISION 9 — FINISHES 09905 Painting and Protective Coatings DIVISION 15 — MECHANICAL 15060 Pipe and Pipe Fittings: Basic Requirements 15062 Pipe: Ductile 15100 Valves: Basic Requirements 15101 Gate Valves 15114 Miscellaneous Valves August 1997 Installation of Backflow Prevention Devices FOR THE INSTALLATION OF BACKFLOW PREVENTION DEVICES AT INTERCONNECTS BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUD WATER DISTRIBUTION SYSTEMS Date of Addendum: September 15, 1997 Bid Date: September 16, 1997 This Addendum is made a part of the Drawings, Contract Documents, and Specifications and shall be noted as such on the Bid Form. Specifications: 1. Section 15114, Page 15114 -3, Paragraph 3.02, Field Quality Control The following shall be added to the end of Paragraph 3.02 as Paragraph 3.02 C. "C. Texas Natural Resource Conversation Commission Certified Inspector This Addendum consists of one page. Prepared by: The installations shall be inspected and certified by a person certified to inspect backflow prevention devices by the Texas Natural Resource Conversation Commission (TNRCC). The inspection shall be coordinated with the appropriate City of Round Rock staff person and shall be scheduled at a time that the City of Round Rock can witness the inspection. A report regarding the inspection shall be filed with the TNRCC and with the City of Round Rock." James R. Glaser, P.E. HDR Engineering, Inc. ADDENDUM NUMBER 1 TO CONTRACT DOCUMENTS AND SPECIFICATIONS City of Round Rock 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 i 1 1 1 1 SECTION 00020 INVITATION TO BID 00020 — 1 RECEIPT OF BIDS Sealed bids for the Installation of Backflow Prevention Devices at interconnects between City of Round Rock and Brushy Creek MUD water distribution systems 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 Tuesday, September 16, 1997, at 2:00 p.m_ and shortly thereafter the bids will be opened publicly and read aloud in City Council Chambers. GENERAL DESCRIPTION OF WORK Installation of Backflow prevention devices at interconnects between City of Round Rock and Brushy Creek MUD water distribution systems. 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. I1-1-35, Suite 300 Austin, TX 78741 Telephone: (512) 912 -5100 The cost of Contract Documents is Set of Contract Documents with half size drawings: $25. 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 END OF SECTION Installation of Backflow Prevention Devices August 1997 1 1 1 1 1 1 1 1 1 1 1 1 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). Installation of Backflow Prevention Devices August 1997 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 furnishing 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 August 1997 Installation of Backflow Prevention Devices 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 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 Glaser Phone: 512- 912 -5113 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. Installation of Backflow Prevention Devices August 1997 00100 — 4 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, fumished 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 retumed 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. August 1997 Installation of Backflow Prevention Devices 1 1 a 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 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 Installation of Backflow Prevention Devices August 1997 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 alternates (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. August 1997 Installation of Backflow Prevention Devices 1 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 1 1 1 1 1 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 00100 -7 Installation of Backflow Prevention Devices August 1997 SECTION 00301 BID FORM CONTRACT IDENTIFICATION: 07225- 027 -036, August 1997 One (1) 9/15/97 00301 — 1 PROJECT IDENTIFICATION: Installation of backflow prevention devices at interconnects between City of Round Rock and Brushy Creek MUD water distribution systems THIS BID IS SUBMITTED TO: The City of Round Rock, Texas, herein after referred to as OWNER. 1. Enter Into Agreement. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form 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 OWNER's Notice of Award. 3. BIDDER's Representations. In submitting this Bid, BIDDER represents, as more 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. Installation of Bacicflow Prevention Devices August 1997 00301 — 2 d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all 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 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, tests, 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. August 1997 Installation of Backflow Prevention Devices 1. For all the work described in the Contract Documents for the installation of the backflow prevention devices, including connecting piping, valving, accessories, and disinfection, complete and ready for use including all labor, materials, overhead, profit, and insurance, in accordance with the Contract Documents, the Lump Sum of: One Hundred Six Thousand and Six Hundred Dollars and no /100 ($ 106,600.00) TOTAL BID AMOUNT for Bid Item 1: BID SCHEDULE (use words) use words) This total must agree with the TOTAL BID AMOUNT for Bid Item 1. (use figures) One Hundred Six Thousand and Six Hundred Dollars and no /100 ($ 106,600.00) (use figures) Statement of materials and other charges: Materials incorporated into the project $ 69,400.00 All other charges $ 37,200.00 Total $ 106,600.00 00301 — 3 Installation of Backflow Prevention Devices August 1997 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 Glaser 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 Documents. The following documents are attached to and made a condition of this Bid: a. Required Bid Security in the form of 5% of Bid Amount. b. A tabulation of subcontractors, suppliers and other persons and organizations performing work valued at 10% or more of the Total Bid and required to be identified in this Bid. Electrical Insturmentation Mechanical Other (Designate) Other (Designate) c. Section 00302, Vendor Compliance to State Law. d. Section 00303, Bidder's Questionnaire. SUBMITTED on September 16, 1997. August 1997 Installation of Backflow Prevention Devices If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business Address: Phone No.: A Partnership: By Psencik Construction, LTD (SEAL) (Firm Name) Psencik Management, Inc. (General Partner) Business Address: P.O. Box 3207 Temple, Texas 76505 Phone No.: (254) 773 -6464 PSENCIK CONSTRUCTION, LTD., Texas Limited Partnership BY: PSENCIK MANAGEMENT, INC. a Texas Corporation eneral r..rtner BY Larry W. Je , Pi =Ident Installation of Backflow Prevention Devices 00301 — 5 August 1997 00301 — 6 Corporation B (SEAL) (Corporation Name) B (SEAL) (Name of Person Authorized to Sign) (State of Incorporation) (Title) (Corporate Seal) Attest (Secretary) Business Address: August 1997 Installation of Backflow Prevention Devices Joint Venture B (SEAL) (Name) (Address) By (SEAL) (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 indicated above. END OF SECTION 00301 -7 Installation of Backflow Prevention Devices August 1997 SECTION 00302 VENDOR COMPLIANCE TO STATE LAW The 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 low 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 amount 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 business 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 non - 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. Non - resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our princi al place of business or corporate offices are in the State of Texas. BIDDER: Psencik Construction, LTD By Larry Jezek Address: P.O. Box 3207 (Company Name) (please print) L■J1 Temple, Texas .700:f3 City State Zip THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL END OF SECTION (give state), our principal place of percent lower than resident bidders by state Signature: Title: Senior Partn =r PSENCIK CONSTRUCTION, LTD., Texas Limited Partnership BY: PSENCIK MANAGEMENT, INC. a Texas Corporation General Rartne BY: (please print) 00302 — 1 fairy dent Installation of Backflow Prevention Devices August 1997 SECTION 00303 BIDDER'S QUESTIONAIRRE The following information is required for evaluation of the low Bidder's qualifications and experience. Complete this form and return it with the Proposal. 1. Bidder: Psencik Construction, LTD 2. Years in business under present business name: 25 . 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? 00303 —1 No x Yes if yes, explain: 6. Are you presently involved in any litigation or lawsuits involving construction work of any type? No 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: Robert Tatum Previous Project: Palestine WWTP `Expansion Project Superintendent: same as above Previous Project: Abtit Installation of Backflow Prevention Devices August 1997 00303 — 2 8. Identify your principal bank: Compass Bank, Temple Contact Person: Gary Schmidt Phone: (254) 770 -5133 9. Identify your bonding company /agent: Richards Insurance Agency Contact Person: Glenn Richards Phone: (254) 778 -1607 THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL END OF SECTION August 1997 Installation of Backflow Prevention Devices 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS postbid,mst/spec master COUNTY OF WILLIAMSON § AGREEMENT \ THIS AGREEMENT, made and entered into this I 0 day of arM!,) QIy i (1 U , 19911, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Psencik Construcion, LTD of Temple, Texas, County of Bell, and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: Installation of backflow Prevention Devices At Interconnects Between City of Round Rock and Brushy Creek MUD Water Distribution Systems Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by HDR Engineering, Inc. herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within one hundred and eighty (180) calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. PBD -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS (OWNER) BY:�� lLi ATTEST: Charles Culpepper Mayor (The following to be executed if the Contractor is a Corporation.) , certi that I am the Secretary of the Corporation named as Contractor herein; that ez e �- - , who signed this Contract on behalf of the Contractor was then e s de..es" (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing bod , and is within the scope of its corporate powers. Corporate Seal postbid.msugpec master BY: Signed: PSENCIK CONSTRUCTION, LTD., Texas Limited Partnership BY: PSENCIK MANAGEMENT, INC. a Texas Corporation G¢ feral Pa Larry W. Jezek, "P esW nt PSENCIK CONSTRUCTION, LTD (CONTRACTOR) Larry W. Jezek its President (Typed name) (Title) ATTEST: a,„ 4 Secretary, rContractor is a Corporation or otherwise registered with the Secretary of State THE STATE OF TEXAS COUNTY OF WILLIAMSON poslbid.mst/spec master PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Psencik Construction, LTD. of the City of Temple County of Bell , and State of Texas , as Principal, anduaiversal surety of huerieauthorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of one Hundred six thxisand six hundred dollars and No /loo- dollars ($ — 106,600.00— - ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the / S E1v day of ,C2F , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied atlength herein consisting of: Installation of Backflow Prevention Devices at Interconnects Between City of Round Rock and Brushy Creek MUD Water Distribution Systems NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 BOND#TX499138100 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this /_ day of L-Z ,m3 19X. Psencik Construction, LTD. Texas Limited Partnership Principal By: Titlo. i Psencik Manageme f, Inc. a Texas Cocporat n, eneral Partner Larry W. Jezek, President P. 0. Box 3207, Temple, TX 76505 P. 0. Box 3623, Temple, TX 76505 Address Resident Agent of Surety: Glenn Richards Printed Name P. 0. Box 3623 Address Temple, TX 76505 City, State & Zip Code Signature postbid.mst / spec master PBD -4 Universal Surety of America Surety By: Title Address ,i. Glenn Richard Attorney -In -Fact Aga „, mmeaatim 8005180 Richards Insurance Agency Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in I louston, Texas, does by these presents make, constitute and appoint State of Texas ss: County of Harris UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 •Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Emily Mikeska GIVEN under my hand and the seal of said company, at Houston, Texas, this TX 4991381 00 Glenn S. Richards of Temple and State of Texas its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute. acknowledge and deliver Bonds not to exceed SI,000,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do within the stated limitations, and such authority is to continue in force until 3/31/1999 . Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Atmmey(s) -in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimi lie signature and seal shall be valid and binding upon the corporation.” In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 30th day of September, A.D., 1996. UNIVERSAL SURETY OF AMERICA ripe/ On this 30th day of September, in the year 1996, before me, Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President , on behalf of the corporation herein named and acknowledged to me that the corporation executed It. President I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect. day of 19 • `'� A stoat Secretary Any instrument issued in excess of the penalty stated above is tonally void and without any validity. For verification of the authority of this power you may telephone (713) 722 - 4600. 1376 - 1400/025 IMPOI,TAN T NOTICE To obtain information or rake a complaint: You may contact the Texas Department of Insurance to obtain information cn•companies, coverages, rights or complaints aL: 1-800-252-3439 You r_av write the Texas Department of Insurance: P 0 !Sox 149104 Austin, Texas 78714 -9104 FAX f (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a di=spute cor:cerni c your premium cr about claim you should contact the agent cr the company first. -- the dispute is not resolved you nay contact the Texas Degartmer,t of Insurance. ATTACH T1-IIS NOTICE TO YOUR POLICY: This notice is for information only and does not beco;ne part or condition of the attached document. THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.msdspec master PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Psencik Construction, 1.T1) ,oftheCity of Temple County of Bell , and State of State as Principal, and univ ° authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of one Bi ndred Six thousand six hundred dollars and No /100— Dollars (5 — 106,6°0.00— ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the rincipal has entered into a certain written contras with the Owner, dated the 1 day of L . rne,16/- , 19 99 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Installation of Backflow Prevention Devices at Interconnects Between City of Round Rock and Brushy Creek ?IUD Water Distribution Systems NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the sane extent as if it were copied at length herein. PBD -5 BOND#TX499138100 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this £ Instrument this f g 'day of 2 YIB /E�@' , 19 7 Psencik Construction, LTD. Texas Limited Partnership Principal By: Psencik Managemea a Texas Corporati "neral Partner Larry W. Jezek, President Attorney —In —Fact itle Title P 0 Box 3707, Temple, TX 76505 Address Resident Agent of Surety: Glenn Richards Printed Name P. o. Box 3623 Address Temple, TX 76505 City, State & Zip Code postbid.ms ✓spec master PBD -6 Universal Surety of America Surety By .`i / _ fignalso Glenn Richards P. 0. Box 3623, Temple, TX 76505 Address 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 •Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agency Intonnaiion 8005180 Richards Insurance Agency CPAa TX 4991381 00 Know All Men by These Presents. That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in I louston, Texas, does by these presents make, constitute and appoint Emily Mikeska Glenn S. Richards of Temple and State of Texas its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute. acknowledge and deliver Bonds nut to exceed 51,000,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and [0 bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary. hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do within the stated limitations, and such authority is to continue in force until 3/31/1999 . Said appointment is made under and by authority of the following resolution adopted by the Roacd of Directors of Universal Surety of America at a meeting held on the 1lth day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact [o represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 30th day of September, A.D., 1996. UNIVERSAL SURETY OF AMERICA For verification of the authority of this power you may telephone (713) 722 -4600. no x, Any instrument issued in excess of the penalty stated above is totally void and without any validity. d,/ State of Texas ss: County of Harris On this 30th day of September, in the year 1996, before me, Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President , on behalf of the corporation herein named and acknowledged to me that the corporation executed it. President I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify tt that the said Power of Attorney is still in effect. GIVEN under my hand and the seal of said company, at Houston, Texas this / day of t ' -19 97 . Ass scant Secretary 1376 - 1400/025 IMPORTANT NOTICE To obtain information or make a complaint: You ray contact the Texas Department of Insurance to obtain information on coverages, rights or complaints at: 1 -800- 252 -3439 You may write the Texas Department of Insurance: P 0 Dox 149104 Austin, Texas 72714 -9104 FAX # (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you. have a dispute concerning your premium cr about a claim you should contact the agent cr the company first. If the dispute is not resolved you nay contact the Texas Department of Insurance. r, i ATTACH THIS NOTICE TO YOUR POLICY: - This notice is for information only and does not become a part or condition of the attached document. CERTIFICATE OF LIABILITY INSURANCE Date: 03/20/98 PRODUCER RICHARDS INSURANCE AGENCY COMPANIES AFFORDING COVERAGE P 0 BOX 3623 TEMPLE TX 76505 A TRINITY UNIVERSAL INS C0 B TRINITY LLOYDS INS CO I SCRED PSENCIK CONSTRUCTION, LTD C TRINITY UNIVERSAL INS CO P 0 BOX 3207 TEMPLE TX 76505 D ,I1IIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used it We companies, and further hereinafter described. Exceptions to the policies are noted below. 1 1 1 O TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LITHTS TR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILr EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY CERTIFICATE- HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 atm: Joanne Land pos,bidmsrspec master TXP8292924 08/01/97 08/01/98 EACH OCCURRENCE 006724623 08/01/97 08/01/98 AGGREGATE PBD -7 Title: Recording agent GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OPAGG. $ 2,000,000 PERSONAL S ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one Sre) 5 50,000 MED. EXPENSE (Any one person) S 5,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) 5 TCA8292926 08/01/97 08/01/98 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE 5 Typed Name, Glenn Richards STATUTORY LIMITS W0804023001 10/22/97 10/22/98 EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE SIGNkTIIRE OF AUTHORIZED REPRESENTATIVE 1 ,00 0, 000 $ 2,000,000 $ 2,000,000 F 500,000 5 500,000 $ 500,000 I OTHER Additional insured (excluding work comp), waiver of subrogation, and 30 -day cancellation endorsements added to all policies for City of Round Rock and HDR Engineering, Inc. II DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS RE: INSTALLATION OF BACKFLOW PREVENTION DEVICES AT INTERCONNECTS BETWEEN CITY OF ROUND ROCK AND BRUSHY CREEK MUD WATER DISTRIBUTION SYSTEMS. CONTRACT AMOUNT - $106,600. i The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written naticr, I to the certificate holder named below. THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.msVapec master PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of , as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (121 months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbid.mst/spec master PBD -4 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , of the City of County of , and State of as Principal, and authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Dollars ($ ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.mst/speo master PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 . Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Narne Address City, State & Zip Code Signature postbid.mst/spee master PBD -6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE OF LIABILITY INSURANCE Date: PRODUCER COMPANIES AFFORDING COVERAGE A B INSURED C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. 1 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /SPECIAL, ITEMS/EXCEPTIONS The, City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbid.mst/spec master PBD -7 Title: GENERAL AGGREGATE PRODUCTS - COMP /OP AGG. PERSONAL Sr ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00700 NOTE: These EJCDC Documents have been modified as indicated herein, a ..vt 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. 19104 (1990 Edition) 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 divisional the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 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-Contractor Agreements (No. 1910 -8-A -I or 1910-8 -A -2) (1990 Editions). Their provisions are mtenelatedand a change in one may necessi uea change in the others. Comments concerning their usage are contained in the Commentary on Agreementsfor Engineering Services and Contract Documents (No. 1910 -9) (1986 Edition). Por guidance in the preparatlonof SupplemeomryCodidons, see Guide to the Preparationof Supplementary Conditions (No. 1910.17) (1990 Edition). When bidding is involved, the Standard Form of insWctionsm Bidders (No. 1910-12) (1990 Edition) may be used. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Article or Paragraph Number & 71t1e 1. DEFINITIONS 13 1.1 Addenda 13 1.2 Agreement 13 1.3 Applicationfor 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 Contract Times 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' s Consultant 13 1.19 Field Order 13 1.20 General Requirements 14 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 Project Representative 14 1.34 Samples 14 1.35 Shop Drawings 14 1.36 Specifications 14 1.37 Subcontractor 14 1.38 SubstantialComplellon 14 1.39 SupplementaryConditioos 14 1.40 Supplier 14 1.41 UndergroundFactliues 14 1.42 Unit Price Work 14 1.43 Work 15 1.44 Work Change Directive 15 1.45 Written Amendment 15 2. PRELIMINARYMATTERS 15 2.1 Delivery of Bonds 15 2.2 Copies of Documents 15 2.3 Commencememof ContractT9mesi Notice to Proceed 15 2.4 Starting the Work 15 TABLE OF CONTENTS OF GENERAL CONDITIONS Page Number 1 Article or Paragraph Number & Title Page Number 2.5 -2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedules; Delivery of Certificates of Insurance 15 2.8 PreconstmetionConference 15 2.9 Initially Acceptable Schedules 16 3. CONTRACTDOCUMENTS: INTENT, AMENDING, REUSE 16 3.1- 3.2lntent 16 3.3 Reference to Standards and Specificationsof Technical Societies; Reporting and Resolving Discrepancies 16 3.4 Intent of Certain Terms or Adjectives 17 3.5 Amending Contract Documents 17 3.6 Supplementing Contract Documents 17 3.7 Reuse of Documents 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS 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 or Indicated 18 4.3.2 Not Shown or Indicated 19 4.4 Reference Points 19 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 5. BONDS AND INSURANCE 20 5.1 -5.2 Performance, Payment and Other Bonds 20 5.3Licensed Sureties and Insurers; Certificatesof Insurance 20 5.4 CONTRACTOR'sLiability Insurance 20 5.5 OWNER's Liability Insurance 21 5.6 Property Insurance 21 5.7Boilerand Machinery or Additional Property Insurance 21 5.8 Notice of CancellationProvisions 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 and Applicationof Insurance Proceeds 22 5.14 Acceptance of Bonds and Insurance; Option to Replace 2 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 23 6.8-6.11 Concerning Subcontracmrs,Suppliers and Others; Waiver of Rights 24 6.12 Paten Fees and Royalties 25 6.13 Permits 25 6.14 Laws and Regulations 25 6.15 Taxes 25 6.16 Use of Premises 26 6,17 Site Cleanlmus 26 6.18 Safe Structural Loading 26 6.19 Record Documents 26 6.20 Safety and Protection 26 6.21 Safety Representative 26 6.22 Hazard CommunicationPrograms 27 6.23 Emergencies 27 6.24 Shop Drawings and Samples 27 6.25 Submittal Procedures; CONTRACTOR'sReview Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing & Sample Submittals Review by ENGINEER 2 6.27 Responsibility for Variation From Contract Documents 27 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Subntittals 27 6.29 Continuing the Work 28 6.30 CONTRACTOR'S General Warranty and Guarantee 28 6.31-6.33Indemoifnuton 28 6.34 Survival of Obligations 28 7. OTHER WORK 29 7.1 -7.3 Related Work at She 29 7.4 Coordination 29 8. OWNER'S RESPONSIBILITIES 29 8.1 Commu nicationsto Contractor 29 8.2 Replacememof 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'S STATUS DURING CONSTRUCTION 30 9.1 OWNER's Representative 30 9.2 Visits to Site 30 9.3 Project Representative 30 9.4 Clarificalionsand lmerpretations 30 9.5 Authorized Variations in Work .30 9.6 Rejecting Defective Work 30 9.7-9.9 Shop Drawings, Change Orders and Payments 31 9.10 Determinationsfor Unit Prices 31 9.11 -9.12 Decisions on Disputes; ENGINEER as Initial Interpreter 31 9.13 Limitationson 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 Notiftcationof Surety 3 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. 3 113 Exclusions to Cost of the Work .34 11.6 CONTRACTOR'sFee 34 11.7 Cast Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Essence 35 12.3 Delays Beyond CONTRACTOR's Control 35 12.4 Delays Beyond OWNER's and CONTRACTOR'sComroL 35 13. TESTS AND INSPECTIONS;CORRECTION. REMOVAL OR ACCBPTANCEOF 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 13.5 CONTRACTOR' s Responsibilities 13.6 -13.7 Covering Work Prior to Inspection, Testing or Approval 13.8 -13.9 Uncovering Work at ENGINEER's Request 13.10 OWNER May Stop the Work 13.11 Correction or Removal of Defective Work 3 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 14.1 Schedule of Values 14.2 Application for Progress Payment 14.3 CONTRACTOR'S Warranty of Tide 14.4 -14.7 Review of Applications for Progress Payments 38 14.8 -14.9 Substantial Completion 39 14.10 Partial Utilization 39 14.11 Final Inspection 39 14.12 Final Applicationfor Payment. 40 36 14.13 -14.14 Final Payment and Acceptance 40 36 14.15 Waiver of Claims 40 36 15. SUSPENSION OF WORK AND 36 TERMINATION 40 36 15.1 OWNER May Suspend Work 40 15.2-15.4 OWNER May Terminate 40 15.5 CONTRACTOR May Stop Work or Terminate 41 16. DISPUTE RESOLUTION 41 17. MISCELLANEOUS 42 17.1 Giving Notice 42 37 17.2 Computation of Times 42 37 173 Notice of Claim 42 38 17A Cumulative Remedies 42 38 17.5 Professional Fees and Court Costs Includes 42 3 EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) GC -Al 16.1 -16.6 Arbitration GC -Al 16.7 Mediation GC -A2 Article or Paragraph Number Acceptance of Bonds and Insurance 5.14 defective Work 10.4.1, 13.13, 13.15 final payment 9.12, 14.15 5.14 other Work, by CONTRACTOR. 7.3 Substitutes and "Or- Equal" Items 6.7.1 Work by OWNER 2.5, 6.30, 6.34 Access to the - Lands, OWNER and CONTRACTOR responsibilities 4.1 site, related work 7 2 Work 13.2, 13.14, 14.9 Acts or Omissions -, Acts and Omissions- CONTRACTOR 6.9.1, 9.13.3 ENGINEER 6.20.9.13.3 OWNER 6.20, 8.9 Addenda -- definition of (also see defuvtionof Specifications). (1.6, 1.10, 6.19) 1.1 Additional Property lnstrances 5.7 Adjustment 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 Agreemem- defnitionof 1 2 All risk Insurance, policy form 5.6.2 Allowances, Cash. 11.8 Amending Contract Documents 3.5 Amendment, Written - in general 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19. 10.1, 10.4, 11.2, 12.1, 13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to 9.10, 9.11, 10.4. 16.2, 16.5 Applicatlonfor Payment-- definition of 1 3 ENGINEER'sResponsibility 9.9 final payment 9.13.4, 9.13.5,14.12 -14.15 in general 2.8, 2.9, 5.6.4, 9.10, 15.5 Proeresspayment 14.1, 14.7 review of 14.4 -14.7 Arbitation(Oplional) 16.1.16.6 Asbestos - claims pursuant thereto 4.5.2, 4.5.3 CONTRACTOR authorized to stop Wink 4.5.2 defmitionof 1 4 OWNER responsibilityfor 4.5.1, 8.10 possible price and times change. 4.5.2 AuthorizedYatiatio s in Work 3.6, 6.25, 627, 9.5 Availability of lands 4.1.8.4 Award, Notice of -defined 1.25 Before Starting Construction 2.5 -2.8 INDEX TO GENERAL CONDITIONS 4 Article or Paragraph Number Bid-definition of 1 5 (1.1, 1.10, 2.3.3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents-defmitionof 1.6(6.8.2) Bidding Requirements-definitions of 1.7 (1 .1, 4.2.6.2) Bonds - acceptance of 5.14 additional bonds 10.5,11.4.5.9 Cost of the Work 11.5.4 defnirionof 1 8 delivery of 2.1, 5.1 final application for payment 14.12 -14.14 general 1 10 ,5.1- 5.3,5.13,9.13,10.5,14.7.6 performance, Payment and Other 5.1 -5.2 Bonds and Insurance- ingeaeral 5 Builder's risk "a0 risk" policy form 5.6.2 CancellationProvisions, Insurance 5.4.11, 5.8, 5.15 Cash Allowances 11.8 Certificateof Substantial Completion 1.38,6.30.2.3, 14.8, 14.10 CerdfncatesofInspection. 9.13.4, 13.5, 14.12 Certificates of Insurance. 2.7, 5.3, 5.4.11. 5.4.13, 5.6.5.5.8. 5.14, 9.13.4, 14.12 Change in Contract Price- Cash Allowances 11.8 claim for price adjustment 4.1, 4.2.6, 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, 1.44.9.11, 10.4.2. 10.4.3, 11 Lump Sum Pricing 11.3.2 Notficationof Surety 10.5 Scope of 10.3 -10.4 Testing and Insper-don, Uncovering the Work 13.9 Unit Price Work 11.9 Value of Work 11.3 Change in Contract Times- Claim for times adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contactual time limits. 12.2 Delays beyond CONTRACTOR'scontrol 12.3 Delays beyond OWNER's and CONTRACTOR'scon- trol 12.4 Nodficadonof surety 10.5 Scope of change. 10.3 -10.4 Change Orders- Acceptinceof Defective Work 13.13 Amending Contract Documents. 3.5 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 Cash Allowances 11.8 Change of Contract Price 11 Change of Contract Times 12 Changes in the Work 10 CONTRACTOR' s fee 11.6 Cost of the Work 11.4 -11.7 Cost Records 11.7 definitionof 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's 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 7 3 6.8.2 Unit Price Work 11.9 value of Work, covered by 11.3 Changes in the Work 10 Notificationof surety 10.5 OWNER's and CONTRACTOR's responsibilities 10.4 Right to an adjustment 10.2 Scope of change 10.3 -10.4 Claims - against CONTRACTOR against ENGINEER against OWNER Change of Contract Price Change of Contract Times 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'sliability 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4, 11.5 Decisions on Disputes 9.11, 9.12 Dispute Resolution 16.1 Dispute Resolution Agreement 16.1 -16.6 ENGINEER as initial interpreter 9.11 Lump Sum Pricing 11.3.2 Notice of 17.3 OWNER's 9.4, 9.5, 9.11, 10.2, 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 decisional 9.11 Substimre 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, 11.2, 12.1 Clarificationsand Interpretations 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Sociery, Organizationor Association 3 3 3 Commencementof ConractTvnes 2.3 Cormmuoicadona - 6.16 6.32 6.32 9.4, 11.2 9.4,12.1 5 general 6.2, 6.9.2, 8.1 Hazard CommunicationPrograms 6.22 Completion - Final Applicationfor 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 Computation of Times 17.2.1 - 17.2.2 Concerning Subcontractors, Suppliers and Others 6 8 -6.11 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 Construction Machinery, Equipment, etc b.4 Continuing the Work - 6.29, 10.4 Contract Documents- 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 Clarifcationsand Interpretations 3.2, 3.6, 9.4, 9.11 definitionof 1.10 ENGINEER as initialinterpreterof 911 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's responsibility to furnish data 8 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 Reporting and 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 ContractPrice- adjusmentof 3.5,4.1,9.4, 10.3, 11.2 -11.3 Change of 11 Decision on Disputes 9.11 definition of 1.11 Contract Times- adjustment of 33, 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 Dam Authorized 4.2.2 Communications 6.2, 6.9.2 Continue Work 6.29, 10.4 coordination and scheduling 6.9.2 defmitionof 1.13 May Stop Work or Terminate. 15.5 provide site access to others 7.2, 13.2 Safety and Protection 4.3.1.2, 6.16. 6.18, 6.21-6.23, 7.2. 13.2 Shop Drawing and Sample Review Prior to Submittal 6.25 Stop Work requirements 4.5.2 CONTRACTOR's- Compensation 11.1 -11.2 Continuing Obligation 14.15 Defective Work 9.6, 13.10 -13.14 Duty to correct defective Work 13.11 Duty to Report - Changes in the Work caused by Emergency 6.23 Defects in Work of Otters 7.3 Differing conditions 4.2.3 Discrepancy in Documents. 2.5, 3.3.2, 6.14.2 UndergroundFacilities not indicated 4.3.2 Emergencies 6.23 Equipment and 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 HazardConununicationPrograms 6.22 Indemnification 6.12, 6.16.6.31 -6.33 htspeetionof the Work 7.3, 13.4 Labor, Materials and Equipment 6.3 -6.5 Laws and Regulations,Compliancc 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 911 Responsibilities- Changes in the Work. 10.1 Concerning Subcontractors ,Suppliers and Others 6.8 -6.11 Continuing the 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'sevaluation, Substitutes or "Or- 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 CommunicationPrograms 6.22 hdenmification 6.31 -6.33 Labor. Materials and Equipment 6.3 -6.5 Laws and Regulations 6.14 Liability Insurance 5 4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties 6.12 Permits 6.13 Progress Schedule 6.6 Record Document 6.19 related Work performed prior to ENGINEER's approval of required submittals 6.28 safe structural loading 6.18 Safety and Protection 6.20, 7.2, 13.2 Safety Representative 6.21 c.-heduling the Work 6.9.2 Shop Drawings and Samples 6.24 Shop Drawings and Samples Review by ENGINEER 6.26 Site Cleanl 6.17 Submittal Procedures 6.25 Substione Construction Methods and Procedures 6.7.2 Substitutesand "Or- Equal'Items 6.7.1 Superintendence 6.2 Supervision .6.1 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 adjustment for changes in the Work 10.2 right to claim 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9. 14.8, 15.1, 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 ConstructionMethods and Procedures 6.7 Substitutes and "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, Paynentby 6.15 Use of Premises 6.16-6.18 Warranties and guarantees. 6.30, 6.5 WareantyofTide 14.3 Written Notice Required- CONTRACTOR stop Work or terminate. 15.5 Reports of Differing Subsurface and Physical Conditions.... 4.2.3 Substantial Completion 14.8 CONTRACTORS-other 7 Contractual Liability Insurance 5.4.10 Contractual Time Limits 12.2 Coordination 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACTOR's responsibility -. 6.9.2 Copies of Documents 2 . 2 Correction Period 13.12 Correction, Removal or Acceptance of Defective Work in general 10.4.1, 13.10 -13.14 Acceptance of Defective Work 13.13 Correction or Removal of Defective Work 6.30, 13.11 Correction Period 13.12 OWNER May Correct Defective Work 13.14 OWNER May Stop Work 13.10 Cost - of Tests and Inspections 13.4 Records 11.7 Cost of the Work - Bonds and insurance, additional 11.4.5.9 Cash Discounts 11.4.2 CONTRACTOR's Fee 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 constructionequipment and 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 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, fitting and patching 7 . 2 Data, to be furnished by OWNER 8.3 Day - definition of 17.2.2 Decisions on Disputes 9.11.9.12 defective- defmitionof 1.14 defective Work- Acceptance of 10.4.1,13.13 Correction or Removal of 10.4.1, 13.11 Correction Period 13.12 in $eM ml 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 D 4.1, 6.29, 12.3 -12.4 Delivery of Bonds 2 . 1 Delivery of certificatesof insurance 2.7 7 Determinations for Unit Prices 9.10 Differing Subsurfaceor Physical Conditions Notice of 4.2.3 ENGINEER's Review 4.2.4 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4,2,6 Discrepancies'Reporlingand 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 ResolutionAgreement 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-- defrnitionof 1.15 Easements. 4.1 Effective date of Agreement -deftnitionof 1.16 Emergencies 6.23 ENGINEER - as initial interpreter on disputes 9.11 -9.12 definition of 1.17 Limitations on authority and responsibilities 9.13 Replacement of 8.2 Resident Project Representative 9.3 ENGINEER's Consultant-definition of 1.18 ENGINEER's- authoriry and responsibility, limitations on 9.13 Authorized V ariations in the Work. 9.5 Change Orders, responsibility for 9.7, 10, 11, 12 Clarifications and 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's Representative 9.1 Payments to the CONTRACTOR, Responsibility for 9.9, 14 Recommendationof Payment 14.4, 14.13 Responabilitiea- Limitationson 9.11 -9.13 Review of Reports on Differing Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples, review responsibility 6.26 Stems During Construction - aut orizedvariationsin the Work 9.5 Clarificationsand Interpretations 9.4 Decisionson Disputes 9.11-9.12 Detertninationstnt Unit Price 9.10 ENGINEER as Initial lnrerpreter 911 -9.12 ENGINEER'sResponsibilities 9.1-9.12 Limitationson 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 Equivalent Materials and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explorations of physical conditions 4.2.1 Fee, CONTRACTOR' 9-Costs-Plus 11.6 FieldOrder- definitionof 1.19 issued by ENGINEER 3.6.1, 9.5 Final Application for Payment 14.12 Final Inspection l4.11 Final Payment- and Acceptance 14.13 -14.14 Prior to, for cash allowances 11.8 General Provisions 17.3 -17.4 General Requirements- defmnionof 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 ConununicatmnPrograms 6.22 Hazardous Waste - defudtionof 1.21 general 4.5 OWNER's responsibilityfor 8.10 Indemnification 6.12, 6.16, 6.316.33 Initially Acceptable Schedules. 2.9 hnspectMn- Cerd6catesof 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 CancellationProvisions. 5.8 Certficatesof 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4,14.12 completedoperaaons. 5.4.13 CONTRACTOR'sLiability 5.4 CON7RACTOR's objection to coverage 5.14 ConuactualLiability 5.4.10 8 deductible amounts , CONTRACTOR' s responsibility 5.9 Final Applicationfor 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 .5.12-5.13 OWNER's Liability _ 5.5 OWNER's Responsibility 8.5 Partial Utilization, Property Insurance 5.15 Property 5.6 -5.10 Receipt and Application of Insurance Proceeds 5.12.5.13 Special Insurance 5.10 Waiver of Rights. 5.11 Intent of Contract Documents 3.1 -3A Interpretation sand Clarifications 3.6.3, 9.4 Investigationsof physical conditions 4.2 Labor, Materials and Equipment 6.3-6.5 Lands- and Easements 8.4 Availability of 4.1.8.4 Reports & Tests. 8 4 Laws and Regulations -Laws or Regulations - Bonds 5.1.5.2 Changes in die Work 10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities 6 14 Correction Period, defective Work 13.12 Cost of the Work, taxes 11.4.5.4 definition of 1.22 general 6.14 Indemnification 6.31-6.33 Insurance 5.3 Precedence 3.1, 3.3.3 Reference to 3.3.1 Safety and Protection 6.20, 13.2 Subconlractors,Suppliers and Others 6.8-6.11 Tests and Inspections 13.5 Use of Premises. 6.16 Visits to Site 9.2 Liability Innsutance- CONTRACTOR's 5.4 OWNER's 5.5 Licensed Sureties and Insurers. 5.3 Liens- - Applicationfor Progress Payment 14.2 Contractor's Warranty of Title. 14.3 Final Applicatonfor Payment 14.12 defntitionof 1.23 Waiver of Claims 14.15 Linrimtionson ENGINEBR's authority and responsibhities 9.13 Limited Reliance by CONTRACTOR Authorized 4.2.2 Maintenanceand Operating Man uala- Fioal 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 1 1 1 Reference to in Contract Documents 3.3.1 Materials and equipment - furnished by CONTRACTOR 6.3 not incorporated in Work 14.2 Materials or equipment-equivalent 6.7 Mediation(Optional) 16.7 Milestones- definitionof 1.24 Miscellaneous - Computationof Times 17.2 Cumulative Remedies 17.4 Giving Notice 17.1 Notice of Claim 17.3 Professional Fees and Court Costs Included 17.5 Multi -prime contracts 7 Not Shown or Indicated 4.3.2 Notice of Acceptability of Project 14.13 Award, definition of 1.25 Claim 17.3 Defects 13.1 Differing Subsurface or Physical Conditions 4.2.3 Giving 17.1 Tests and Inspections 13.3 Variation, Shop Drawing and Sample 6 27 Notice to Proceed - definition 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 acts by CONTRACTOR 6.9, 9.13 "Open peril" policy form, Insurance. 5.6.2 Option to Replace 5.14 Or Equal" Items 6 7 Other work 7 Overtime Work- probibitionof 6.3 OWNER - Acceptance of defective Work 13.13 appoint an ENGINEER 8.2 as fiduciary 5.12 -5.13 Availability of Lands, responsibility 4.1 defnitionof 1.27 data, furnish .8.3 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 die Work 6.30.2.5 Change Orders, obligation to execute. 8.6, 10.4 Communications .8.1 Coordinadonof the Work 7.4 Disputes, request for decision 9.11 9 Inspections. tests and approvals. _... 8.7, 13.4 Liability Insurance 5 5 Notice of Defects 13.1 Representative- During Construction, ENGINEER's Status 9.1 Responsibilities - Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material 8.10 Change Orders _ 8 6 Changes in the Work 10.1 communications _ 8.1 CONTRACTOR'S responsibilities evidence of financial arrangements 8.11 inspections, tests and approvals 8.7 Insurance _ 8.5 lands and easements. 8.4 prompt payment by 8,3 replacement of ENGINEER 8.2 reports and WAS 8.4 stop or suspend Work 8.8, 13.10, 15.1 terminate CONTRACTOR's services 8.8, 15.2 separate representative at site 9.3 independenttesting 13.4 use or occupancy of the Work 5.15, 14.10 writtenconsent 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- definitionof 1.29 general 4.5 OWNER's responsibility for 8.10 Partial Utilization - definitionof 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 - Applicationfor Progress Payments 14.2 CONTRACTOR'sWarranty of Title 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 14.2 Review of Applications for Progress Payments 14.4 -14.7 prompt payment 8.3 Schedule of Values 14.1 Substantial Completion 14.8 -14.9 Waiver of Claims 14.15 when payments due 14.4, 14.13 withholdingpayment 14.7 Performance Bonds 5 1.5.2 Permits 6.13 Petroleum - definition of 1.30 general 4.5 OWNER's responsibility for 8.10 Physical Conditiona- Drawings of, in or relating to 4.2.1.2 ENGINEER's review 4.2.4 existing structures 4.2.2 general A.2.1.2 Subsurface and, 4 2 Underground Facilities 4.3 Possible ContractDocuments 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 A.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 PrecaretructionConference 2.8 PreliminaryMatters 2 Preliminary Schedules 2 6 Premises, Use of 6.16-6.18 Price, Change of Contract 11 Price, Contact-- defmitionof 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- deftnitionof 1.31 Project Represenrative- ENGINEER's Maws During Construction 9 3 Project Representative, Resident -definitionof 1.33 prompt payment by OWNER 8.3 Property Insurance Additional 5.7 general 5.6-5.10 Partial Util 5.15,14.10.2 receipt and application of 5.12 -5.13 Protection, Safety and 6.20-6.21,13.2 Punch list .14.11 Radioactive Material- definition 1.32 general 4.5 OWNER'sresponsibilityfor 8.10 Recommetdationof Payment 14.4, 14.5, 14.13 Record Documents 6.19, 14.12 Records, procedures for mah�lning 2.8 Reference Points 4 4 Reference s 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 Correction of Defective Work 13.11 rental agreements, OWNER approval required 11.4.5.3 replacement of 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 - defnitionof 1.33 provision for 9 3 Resident Superintendent ,CONTRACTOR'S 6.2 Responsbilities- CONTRACTOR's- ingeneral 6 ENGINEER's- ingeneral 9 Limitations on 9.13 OWNER'S -in general 8 Retainage. 14.2 Reuse of Documents 3 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 6.25 Review of Applicationsfor Progress Payments 14.4 -14.7 Right to an adjustment 10.2 Rights of Way 4.1 Royalties, Parent Fees and 6.12 Safe Structural Loading 6.18 Safety - and Protection 4.3.2, 6.16, 6.18, 6.20-6.21,7.2, 13.2 general .6.20-6.23 Representative,CONTRACTOR's 6.21 Samples- definition of 1.34 general .6.24-6.28 Review by CONTRACTOR 6.25 Review by ENGINEER 6.26, 6.27 related Work 6.28 sulmittal of .6.24.2 submivalprocedures 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, 6.21 -6.28 Schedule of Values 2.6, 2.8-2.9, 14.1 Schedules- Adherence to 15.2.1 Adjusting 6.6 Change of ConractTimes 10.4 Initially Acceptable. 2 8 -2.9 Preliminary 2.6 Scope of Changes 10.3 -10.4 Subsurface Conditions 4.2.1.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Shop Drawings and Samples, general 6.24 -628 Change Orders & Applicarionsfor Payments, and 9.7-9.9 definition of 1.35 ENGINEER'S approval of 3.6.2 ENGINEER's responsibility for review 9.7, 6.24 -6.28 related Work 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 Site 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 - definitionof 1.36 of Technical Societies, reference to 3.11 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 15.5 by OWNER 8.8, 13.10, 15.1 Storage of materials and equipment 4.1, 7.2 Structural Loading, Safety 6.18 Subcontractor- Concerning 6.8-6.11 definition of 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 - Applications for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Schedules 2.6,2.9 Samples 6.24 -6.28 Schedule of Values 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions 2.6, 2.8-2.9 Shop Drawings 6.24-6.28 Substantial Completion - cenificationof 6.30.2.3,14.8 -14.9 definition of 1.38 Substitute ConstructionMettwds or Procedures 6.7.2 Substinttesand "Or Equal' Items 6.7 CONTRACTOR'sExpense 6.7.1.3 ENGINEER'sEvalustion 6.7.3 "Or- Equal" 6.7.1 Substitute Conslmctionmethods of Procedures 6.7.2 11 Substitute Items 6.7.1.2 Subsurface and Physical Conditions- Drawings of, in or relating to 4.2.1.2 ENGINEER's Review 4.2.4 general 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions 4.2.3 Physical Conditions 4.2.1.2 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4 2 6 Reports and Drawings 4.2.1 Subsurface and 4 2 Subsurface Conditions at the Site 4211 Technical Data _ 4.2.2 Supervision - CONTRACTOR's responsibility 6.1 OWNER shall not supervise. 8.9 ENGINEER shall not supervise 9.2, 9.13.2 Superintendence 6.2 Superintendent, CON'IRACTOR'sresident 6.2 Supplementalcosts 11.4.5 Supplementary Conditions - definition of 1.39 principal reference to 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.65.9, 5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents 3.6 Supplier - definition of 1.40 principal references to 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 has no duty to 9.13 Notificationof 10.1, 10.5, 15.2 qualifrcationof 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- Paymentby CONTRACTOR 6.15 Tochnical 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 constructionfacilides 4.1 Termination - by CONTRACTOR 15.5 by OWNER 8.8, 15.1 -15.4 ofENGINEER'semployment 8.2 Suspensionof Work -in general 15 Terms and Adjectives 3 4 Tests and Inspections- Access to the Work, by others 13.2 CONTRACTOR'sresponsibilities 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 Computation of 17.2 Contract Times-definition of 1.12 d 17.72 Milestones. 12 Requirements- appeals 16 clarifications. claims and dispute-s 9.11, 11.2, 12 cotnmencementof contract times 2 . 3 precoristructioneonference 2 . 8 schedules 2.6,2.9,6.6 starting the Work 2.4 Tide, Warranty of 14.3 Uncovering Work 13.8 -13.9 Underground Facilities, Physical Conditioni- definidonof 1.41 Not Shown or Indicated 4.3.2 protection of 4.3, 6.20 Shown or Indicated 4.3.1 Unit Price Work - claims 11.9.3 definidonof 1 general 11.9, 14.1, 14.5 Unit Prices- general 11.3.1 Detenninationfor 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 Final Payment 14.15 Waiver of Rights by insured parties 3.11.6.11 Warranty and Guarantee, General -by CONTRACTOR. 6 Warranty of Tide, CONTRACTOR's 14.3 Work - Access to 13.2 by others, 7 Changes in the 10 Continuing the 6.29 CONTRACTOR May Stop Work or Terminate 15.5 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 Variation and deviation authorized, minor 3.6 Work Change Directive - claims pursuant to 10.2 definition of 1 principal references to 3.5.3,10.1 -10.2 Written Amendment definition of 1.45 principal references to 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10 1, 10.4, 11.2, 12.1, 13.12.2, 14.72 W ritten Clarifications and Interpretations 3.6.3, 9.4, 9.11 Written Notice Required - by CONTRACTOR 7.1, 9.10-9.11,10.4, 11.2, 12.1 by OWNER 9.10-9.11,10.4, 11.2, 13.14 GENERAL CONDITIONS ARTICLE 1— DEFINITIONS Wherever uccd in these C neral C nditi ns r in the thct thetee€ Whenever used in these General Conditions or in other Contract Documents. the terms listed below have the meanings indicated which are applicable to both he singular and plural thereof. Said terms are generally capitalized or written in italics. but not always. When used in a context consistent wills the definition of a listed - defined term the terns 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. Application 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. 1A. 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 proposed 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 Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of 13 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). 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 evidencedby ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract 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 the 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 Consultant —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 run 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— Polych1or natedbiphenyls. 1.30. Petro/emit—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 Project Representative —The authorized representative of ENGINEER who may be assignedto•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 —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications—Those portions of the Contract Doc- uments consisting of written technical descriptions of 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 Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialmanor vendor having a direct cormact 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 communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1.43. 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. WrittenAmendmenv -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 day" 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 perform the Work indicated, unless specifically limited in the context. ARTICLE 2— PRELIMINARY 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 l5 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 shallntav start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 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 against 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 component parts 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 on a lump suns 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 th sum of which : _ lu u sm bid. The ; t various materials shall be furnished upon request of Qg 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 components are identified by a .specific series or identification number. utilize said designation throughout cost breakdown. Provide detailed breakdown for individual yard pining or conduit runs and identify approximate quantities involved to satisfaction of the Engineer. Provide separate breakdown tin 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 format of cost breakdown and stored materials tabulation sheet shall he 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. but 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 form, 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 pan depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in snaking claims for extra Work. 3.2.2. The cross referencing of specification sections under the subparagraphheading "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 coordinate 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 Spec{rcalions of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organizationor association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 623) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods 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 3.3.32. 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 responsibilitiesof 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 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the tern's 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 Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. 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 paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any tide 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 verification or adaption by ENGINEER. ARTICLE4— AVAILABILITY OF 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 identificationof: 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 t8 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 Dii ering Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. 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 obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Docwnents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that tweets 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: 1 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 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 knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTORprior 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 entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions— UndergroundFacilities: 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 information and data, (ii) locating all Underground Facilities 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 paragraph 6.20 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 Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (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: (1) 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 harm less 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'sLiaMUty Insurance: 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 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; I 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering 1 CONTRACTOR's indemnity obligations under paragraphs 1 6.12, 6.16 and 6.31 through 6.33. 1 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 issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 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 continuation of such insurance at final payment and one year thereafter). 5.4.14. With respect to all insurance required by this paragraphs 5.4.. CONTRACTOR agrees to waive all ri"hts 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, 5.11.Waiver of Rights., and such other perils as may be specifically required by the Supplementary Conditions; 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.6.3. include expenses incurred in the repair or replace- 5.7 will protect OWNER,CONTRACTOR,Subcontractors, , ment of any insured property(including but not limited to ENGINEER,ENGINEER's Consultants and all other per- fees and charges of engineers and architects); sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies 5.6.4. cover materials and equipment stored at the site or and will provide primary coverage for all losses and damages at another location that was agreed to in writing by OWNER caused by the perils covered thereby. All such policies shall prior to being incorporated in the Work,provided that such contain provisions to the effect that in the event of payment materials and equipment have been included in an Applica- of any loss or damage the insurers will have no rights of tion for Payment recommended by ENGINEER;and recovery against any of the insureds or additional insureds thereunder.OWNER and CONTRACTOR waive all rights 5.6.5. be maintained in effect until final payment is made against each other and their respective officers,directors, unless otherwise agreed to in writing by OWNER,CON- employees and agents for all losses and damages caused by, TRACTOR and ENGINEER within thirty days written notice arising out of or resulting from any of the perils covered by to each other additional insured to wham a certificate of such policies and any other property insurance applicable to insurance has been issued. the Work;and,in addition,waive all such rights against Subcontractors,ENGINEER,ENGINEER's Consultants 5.7. OWNER shall purchase and maintain such boiler and and all other persons or entities identified in the Supplemen- machinery insurance or additional property insurance as may tary Conditions to be listed as insureds or additional insureds be required by the Supplementary Conditions or Laws and under such policies for losses and damages so caused. None Regulations which will include the interests of OWNER, of the above waivers shall extend to the rights that any parry CONTRACTOR,Subcontractors,ENGINEER,ENGINEER's making such waiver may have to the proceeds of insurance Consultants and any other persons or entities identified in the held by OWNER as trustee or otherwise payable under any Supplementary Conditions,each of whom is deemed to have policy so issued. aninsurable interest and shall be listed as an insured or additional insured. 5.11.2.In addition,OWNER waives all rights against CONTRACTOR,Subcontractors,ENGINEER,ENGI- 5.8. All the policies of insurance(and the certificates or other NEER's Consultants and the officers,directors,employees evidence thereof)required to be purchased and maintained by and agents of any of them,for: OWNER or CONTRACTOR in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the 5.11.2.1. loss due to business interruption,loss of use coverage afforded will not be cancelled or materially changed or or other consequential loss extending beyond direct phys- renewal refused until at least thirty days'prior notice has been ical loss or damage to OWNER'sproperty or the Work given to OWNER and CONTRACTOR and to each other caused by,arising out of or resulting from fire or other additional insured to whom--__:a _. _t _ _e,._.IsOOR peril,whether or not insured by OWNER;and issued-and will contain waiver provisions in accordance with paragraph 5.11. 5.11.2.2. loss or damage to the completed Project or part thereof caused by,arising out of or resulting from fire 5.9. OWNER shall not be responsible for purchasing and or other insured peril covered by any property insurance maintaining any property insurance to protect the interests of maintained on the completed Project or part thereof by CONTRACTOR,Subcontractors or others in the Work to the OWNERduring partial utilization pursuant to paragraph extent of any deductible amounts that are identified in the 14.10,after substantial completion pursuant to paragraph Supplementary Conditions. The risk of loss within such 14.8 or after final payment pursuamto paragraph 14.13. identified deductible amount,will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of Any insurance policy maintained by OWNER covering any them wishes property insurance coverage within the limits of loss,damage or consequential loss referred to in this paragraph such amounts, each may purchase and maintain it at the 5.11.2 shaU contain provisions to the effect that in the event of purchaser's own expense. payment of any such loss,damage or consequential loss the insurers will have no rights of recovery against any of CON- 5.10. If CONTRACTOR requests in writing that other TRACTOR,Subcontractors,ENGINEER,ENGINEER's Con- special insurance be included in the property insurance policies sultants and the officers,directors,employees and agents of provided under paragraphs 5.6 or 5.7,OWNER shall,if possi- any of them. ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Receipt and Application of Insurance Proceeds Written Amendment.Prior to commencementof the Work at the site,OWNER shall in writing advise CONTRACTOR whether 5.12. Any insured loss under the policies of insurance or not such other insurance has been procured by OWNER. required by paragraphs 5.6 and 5.7 will be adjusted with 22 i OWNER and made payable to OWNER as fiduciary for the all ohases of due Work.whetlter or not the Work is occupied or insureds,as their interests may appear,subject to the require- utilized hI OWNER,until all Work included in the agmement ments of any applicable mortgage clause and of paragraph 5.13. has been completed and tinal nevrnenr has been made. OWNER shall deposit in a separate account any money so received,and shall distribute it in accordance with such agree- 5.15._1. Nothing contained in the insurance reguiretncuts ment as the parties in interest may reach. If no other special shall he construed as limiting the einem of CONTRACI'OR's agreement is reached the damaged Work shall be repaired or responsibility for pavment of damages resulting from replaced,the moneys so received applied on account thereof, CONTRACTOR's operations under the Contract. and the Work and the cost thereof covered by an appropriate CONTRACTOR suets that CONTRACTOR alone shalt he Change Order or Written Amendment. completely responsible for procuring, and mainraininm full insurance coverage as provided herein or as ntav be otherwise 5.13. OWNER as fiduciary shall have power to adjust and required by due Contract Documents. Anv approval by settle any loss with the insurers unless one of the parties in OWNER or E'NGINE1 Rshall not operate to the contrarv. 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 ARTICLE f--CONTRACTOR'SRESPONSIBILITIES 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 Supervision and Superintendence: and settle the loss with the insurers and,if required in writing by any parry in interest,OWNER as fiduciary shall give bond 6.1. CONTRACTOR shall supervise,inspect and direct the for the proper performance of such duties. Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be Acceptance of Bonds and Insurance;Option to Replace: necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible 5.14. If either party(OWNER or CONTRACTOR)has any for the means,methods,techniques,sequences and procedures 1 objection to the coverage afforded by or other provisions of the of construction,but CONTRACTOR shall not be responsible Bonds or insurance required to be purchased and maintained for the negligence of others in the design or specification of a by the other parry in accordance with Article 5 on the basis of specific means,method,technique,sequence or procedure of non-conformance with the Contract Documents,the objecting construction which is shown or indicated in and expressly parry shall so notify the other party in writing within ten days required by the Contract Documents. CONTRACTOR shall be after receipt of the certificates(or other evidence requested) responsible to see that the completed Work complies accu- required by paragraph 2.7.OWNER and CONTRACTOR shall rately with the Contract Documents. each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If 6.2. CONTRACTOR shall keep on the Work at all times either parry does not purchase or maintain all of the Bonds and during its progress a competent resident superintendent,who insurance required of such party by the Contract Documents, shall not be replaced without written notice to OWNER and such parry shall notify the other party in writing of such failure to ENGINEER except under extraordinary circumstances. The purchase prior to the start of the Work, or of such failure to superintendent will be CONTRACTOR's representative at the maintain prior to any change in the required coverage. Without site and shall have authority to act on behalf of CONTRAC- prejudice to any other right or remedy, the other parry may TOR. All communications to the superintendent shall be as elect to obtain equivalent Bonds or other insurance to protect such binding as if given to CONTRACTOR. other party's interests at the expense of the party who was required to provide such coverage,and a Change Order shall Labor,Materials and Equipment: be issued to adjust the Contract Price accordingly. 6.3. CONTRACTOR shall provide competent,suitably qual- Partial UNlizaiion—,I�nvpetryinsurance. ified personnel to survey,lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at 5.15. If OWNER finds it necessary to occupy or use a all times maintain good discipline and order at the site. £xeapt 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- aeliti$,ENGINEER. In the absence of any Federal,state or ante shall not be cancelled or permitted to lapse on account of local laws,regulations or covenants,the CONTRACTOR may any such partial use or occupancy conduct its Performance of the Work at the CONTRACTOR's sole discretion,except that the cost of arty overtime tray or other 5.15.1 All insurance required by the Contract Documents,or expense incurred by the OWNER for Resident Proicct by laws or regulations shall remain in full force and effect on 23 Representative and constructionobservationservices,occasioned 6.7.1. Whenever an item of material or equipment is by the conduct of Work on Saturday.Sunday.any legal holiday. specified or described in the Contract Documents by using or as overtime on any regular work day.shall be reimbursed to the name of a proprietary item or the name of a particular the OWNER by the CONTRACTOR. Supplier,the specifrcationor description is intended to establish the type,function and quality required.Unless the 6.4. Unless otherwise specified in the General Require- specificationor descriptioncontains or is followed by words ments,CONTRACTOR shall furnish and assume full respon- reading that no like,equivalent or"or-equal"item or no sibility for all materials,equipment,labor,transportation,con- substitution is permitted,other items of material or equip- struction equipment and machinery, tools, appliances, fuel, ment or material or equipment of other Suppliers may be power,light,heat,telephone,water,sanitary facilities,tempo- accepted by ENGINEER under the following circumstances: rary facilities and all other facilities and incidentals necessary for the furnishing,performance,testing, start-up and comple- 6.7.1.1. "Or-Equal":If in ENGINEER'ssole discre- tion of the Work. tion an item of material or equipment proposed by CON- , TRACTOR is functionally equal to that named and suffi- 6 4 1 Where the Work requires equipment be furnished,due ciently similar so that no change in related Work will be to the lack of standardization of equipment m produced by the required,it may be consideredby ENGINEER as an various manufacturers it may become necessary to make minor "or-equal"item,in which case review and approval of the modifications in die structures,buildings. pining, mechanical proposed item may,in ENGINEER's sole discretion,be work electrical work.accessories.controls.or other work,to accomplished without compliance with some or all of the acconunodate the particular eguipmetu offered. requirements for acceptance of proposed substitute items. CONTRACTOR's hid price for any equipment offered shall include the cost of making any necessary changes subject to the 6.7.1.2. Substitute Items:If in ENGINEER'ssole approval of ENGINEER discretion an item of material or equipmentproposedby CONTRACTOR does not qualify as an"or-equal"item 6.5. All materials and equipment shall be of good quality under subparagraph 6.7.1.1,it will be considered apro- and new,except as otherwise provided in the Contract Docu- posed substitute item. CONTRACTOR shall submit suffi- ments. All items of standard equipment shall be the latest model cient information as provided below to allow ENGINEER at the time of deliverv.All warranties and guarantees specifically to determine that the item of material or equipment called for by the Specifications shall expressly run to the benefit proposed is essentially equivalent to that named and an of OWNER.If required by ENGINEER,CONTRACTOR shall acceptable substitute therefor.The procedure for review furnish satisfactory evidence(including reports of required tests) by the ENGINEER will include the following as supple- as to the kind and quality of materials and equipment. All mented in the General Requirements and as ENGINEER materials and equipment shall be applied,installed,connected, may decide is appropriate under the circumstances.Re- erected, used,cleaned and conditioned in accordance with quests for review of proposed substitute items of material instructions of the applicable Supplier, except as otherwise or equipment will not be accepted by ENGINEER from provided in the Contract Documents. anyone other than CONTRACTOR.If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,CONTRACTOR shall first make written appli- Progress Schedule: cation to ENGINEER for acceptance thereof,certifyipg that the proposed substitute will perform adequately the 6.6. CONTRACTOR shall adhere to the progress schedule functions and achieve the results called for by the general established in accordance with paragraph 2.9 as it may be design,be similar in substance to that specified and be adjusted from time to time as provided below: suited to the same use as that specified.The application will state the extent,if any,to which the evaluation and 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance of the proposed substitute will prejudice CON- acceptance(to the extent indicated in paragraph 2.9)pro- TRACTOR's achievement of Substantial Completion on posed adjustments in the progress schedule that will not time,whether or not acceptance of the substitute for use in change the Contract Times(or Milestones).Such adjust- the Work will require a change in any of the Contract mens will conform generally to the progress schedule then Documents(or in the provisions of any other direct in effect and additionally will comply with any provisions of contract with OWNER for work on the Project)to adapt the General Requirements applicable thereto. the design to the proposed substitute and whether or not inoorporationor use of the substitute in connection with 6.6.2. Proposed adjustments in the progress schedule the Work is subject to payment of any license fee or that will change the Contract Times(or Milestones)shall be royalty. All variations of the proposed substitute from that submitted in accordance with the requirementsof paragraph specified will be identified in the application and available 12.1. Such adjustments may only be made by a Cham maintenance,repair and replacement service will be indi- Order or Written Amendment in accordance with Article 12. sated. The applicationwill also contain an itemized esti- mate of all costs or credits that will resultdirectly or 6.7.SubsdWes and"OrvEqual"Items: indirectly from acceptance of such substitute,including costs of redesign and claims of other contractors affected by the resulting change,all of which will be considered by 24 ENGINEER inevaluating the proposed substitute. EN- Effective Date of the Agreement for acceptance by OWNER GINEER may require CONTRACTOR to furnish addi- and ENGINEER, and if CONTRACTOR has submitted a tional data about the proposed substitute. list thereof in accordance with the Supplementary Condi- tions,OWNER's or ENGINEER's acceptance (either in 6.7.1.3. CON7RACTOR'sExpense:All data to be writing or by failing to make written objection thereto by the provided by CONTRACTOR in support of any proposed date indicated for acceptance or objection in the bidding "or-equal"or substitute item will be at CONTRACTOR's documents or the Contract Documents)of any such Subcon- expense. tractor,Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after 6.7.2. Substitute Construction Methods or Procedures: If a due investigation, in which case CONTRACTOR shall sub- specific means, method, technique,sequence or procedure of mit an acceptable substitute, the Contract Price will be construction is shown or indicated in and expressly required by adjusted by the difference in the cost occasioned by such the Contract Documents, CONTRACTOR may furnish or substitution and an appropriate Change Order will be issued utilize a substitute means, method, technique, sequence or or Written Amendment signed. No acceptance by OWNER procedure of construction acceptable to ENGINEER. CON- or ENGINEER of any such Subcontractor,Supplier or other TRACTOR shall submit sufficient information to allow ENGI- person or organization shall constitute a waiver of any right NEER,in ENGINEER's sole discretion,to determine that the of OWNER or ENGINEER to reject defective Work. substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- 6.9.1. CONTRACTOR shall be fully responsible to NEER will be similar to that provided in subparagraph 6.7.1.2. OWNER and ENGINEER for all acts and omissions of the Subcontractors,Suppliers and other persons and organiza- 67.3. Engineer's Evaluation: ENGINEER will be allowed dons performing or furnishing any of the Work under a direct a reasonable time within which to evaluate each proposal or or indirect contract with CONTRACTORjust as CON- submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. TRACTOR is responsible for CONTRACTOR's own acts ENGINEER will be the sole judge of acceptability. No "or- and omissions.Nothing in the Contract Documents shall equal"or substitute will be ordered, installed or utilized create for the benefit of any such Subcontractor,Supplier or without ENGINEER's prior written acceptance which will be other person or organization any contractual relationship evidenced by either a Change Order or an approved Shop between OWNER or ENGINEER and any such Subcon- Drawing. OWNER may require CONTRACTOR to furnish at tractor,Supplier or other person or organization,nor shall it CONTRACTOR's expense a special performance guarantee or create any obligation on the pan of OWNER or ENGI- other surety with respect to any"or-equal"or substitute. NEER to pay or to see to the payment of any moneys due ENGINEER will record time required by ENGINEER and any such Subcontractor,Supplier or other person or organi- ENGINEER's Consultants in evaluating substitutes proposed zation except as may otherwise be required by Laws and or submitted by CONTRACTOR pursuant to paragraphs 6.7.12 Regulations. and 6.72 and in making changes in the Contract Documents(or in the provisions of any other direct contract with OWNER for 6.92. CONTRACTOR shall be solely responsible for work on the Project) occasioned thereby. Whether or not scheduling and coordinating the Work of Subcontractors, ENGINEER accepts a substitute item so proposed or submit- Suppliers,and other persons and organizations performing or ted by CONTRACTOR, CONTRACTOR shall reimburse furnishing any of the Work under a direct or indirect contract OWNER for the charges of ENGINEER and ENGINEER's with CONTRACTOR. CONTRACTOR shall require all Sub- Consultants for evaluating each such proposed substitute item. contractors,Suppliers and such other persons and organiza- tions performing or furnishing arty of the Work to communi- 6.7.4. See Section 01640. cate with the ENGINEER through CONTRACTOR. Concerning Subcontractors,Suppliers and Others: 6.10. The divisions and sections of the Specifications and the identification of any Drawings shall not control CON- 6.8.1. CONTRACTOR shall not employ any Subcon- TRACTOR in dividing the Work among Subcontractors or tractor,Supplier or other person or organization (including Suppliers or delineating the Work to be performed by any those acceptable to OWNER and ENGINEER as indicated specific trade. in paragraph 6.8.2), whether initially or as a substitute, agamstwhom OWNER or ENGINEER may have reason- 6.11. All Work performed for CONTRACTOR by a Sub- able objection. CONTRACTOR shall not be required to contractor or Supplier will be pursuant to an appropriate employ any Subcontractor, Supplier or other person or agreement between CONTRACTOR and the Subcontractor or organization to furnish or perform any of the Work against Supplier which specifically binds the Subcontractor or Supplier whom CONTRACTORhas reasonable objection. to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever 6.8.2. If the Supplementary Conditions require the iden- any such agreement is with a Subcontractor or Supplier who is tity of certain Subcontractors,Suppliers or other persons or listed as an additional insured on the property insurance provided organizations(including those who are to firrnish the princi- in paragraph 5.6 or 5.7, the agreement between the pal items of materials or equipment) to be submitted to CONTRACTOR and the Subcontractor or Supplier will contain OWNER in advance of the specified date prior to the provisions whereby the Subcontractor or Supplier waives all 25 rights against OWNER, CONTRACTOR, ENGINEER, Regulations,CONTRACTOR shall bear all claims,costs,losses ENGINEER's Consultants and all other additional insureds for and damages caused by,arising out of or resulting.therefrom; all losses and damages caused by, arising out of or resulting however, it shall not be CONTRACTOR's primary from any of the perils covered by such policies and any other responsibility to make certain that the Specifications property insurance applicable to the Work.If the insurers on any and Drawings are in accordance with Laws and Regulations,but such policies require separate waiver forms to be signed by any this shall not relieve CONTRACTOR of CONTRACTOR's Subcontractor or Supplier, CONTRACTOR will obtain the obligations under paragraph 3.3.2. same. Patent Fees and Royalties: Taxes: 6.12. CONTRACTOR shall pay all license fees and royalties 6.15. CONTRACTOR shall pay all sales, consumer,use and assume all costs incident to the use in the performance of the and other similar taxes required to be paid by CONTRACTOR Work or the incorporation in the Work of any invention,design, in accordance with the Laws and Regulations of the place of the process,product or device which is the subject of patent rights or Project which are applicable during the performance of the copyrights held by others. If a particular invention, design, Work. process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the Use of Premises: actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any 6.16. CONTRACTOR shall confine construction equip- license fee or royalty to others,the existence of such rights shall mem,the storage of materials and equipment and the operations be disclosed by OWNER in the Contract Documents. To the of workers to the site and land and areas identified in and fullest extent permitted by Laws and Regulations, permitted by the Contract Documents and other land and areas CONTRACTOR shall indemnify and hold harmless OWNER, permittedby Laws and Regulations,rights-of-way,permits and ENGINEER, ENGINEER's Consultants and the officers, easements,and shall not unreasonably encumber the premises directors,employees,agents and other consultants of each and with construction equipment or other materials or equipment. any of them from and against all claims, costs, losses and CONTRACTOR shall assume full responsibility for any dam- �. damages arising out of or resulting from any infringement of age to any such land or area,or to the owner or occupant thereof patent rights or copyrights incident to the use in the performance or of any adjacent land or areas,resulting from the performance of the Work or resulting from the incorporation in the Work of of the Work.Should any claim be made by any such owner or any invention,design,process,product or device not specified in occupant because of the performance of the Work, the Contract Documents. 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, Permits: to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, 6.13. Unless otherwise provided in the Supplementary ENGINEER's Consultant and anyone directly or indirectly Conditions,CONTRACTOR shall obtain and pay for all con- employed by any of them from and against all claims,costs, struction permits and licenses. OWNER shall assist losses and damages arising out of or resulting from any claim or CONTRACTOR,when necessary,in obtaining such permits and action, legal or equitable, brought by any such owner or licenses.CONTRACTOR shall pay all governmental charges occupant against OWNER, ENGINEER or any other party and inspection fees necessary for the prosecution of the Work indemnified hereunder to the extent caused by or based upon which are applicable at the time of opening of Bids,or,if there CONTRACTOR's performance of the Work. are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for 6.17. During the progress of the Work,CONTRACTOR connections to the Work,and OWNER shall pay all charges of shall keep the premises free from accumulations of waste such utility owners for capital costs related thereto such as plant materials,rubbish and other debris resulting from the Work.At investmemfees. 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 Laws and Regulations: machinery and surplus materials.CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial 6.14.1.CONTRACTOR shall give all notices and comply Completion of the Work. CONTRACTOR shall restore to with all Laws and Regulations applicable to furnishing and original condition all property not designated for alteration by performance of the Work. Except where otherwise expressly the Contract Documents. required by applicable Laws and Regulations,neither OWNER nor ENGINEER shall be responsible for monitoring 6.18. CONTRACTOR shall not load nor permit any part of CONTRACTOR's compliance with any Laws or Regulations. any structure to be loaded in any manner that will endanger the structure,nor shall CONTRACTOR subject any part of the 6.14.2. If CONTRACTOR performs any Work knowing Work or adjacent property to stresses or pressures that will or having reason to know that it is contrary to Laws or endanger it. 26 all the Work is completed and ENGINEER has issued a notice to RecordDocamenls: OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise 6.19. CONTRACTOR shall maintain in a safe place at the site expressly provided in connection with Substantial Comple- one record copy of all Drawings, Specifications, Addenda, tion). Written Amendments, Change Orders, Work Change Direc- tives,Field Orders and written interpretations and clarifications Safety Representative: (issued pursuant to paragraph 9.4)in good order and annotated to show all changes made during construction. CONTRACTOR 6.21. CONTRACTOR shall designate a qualified and expe- shall include accurate locations for buried and imbedded items. rienced safety representative at the site whose duties and These record documents together with all approved Samples responsibilities shall be the prevention of accidents and the and a counterpart of all approved Shop Drawings will be maintaining and supervising of safety precautions and pro- available to ENGINEER for reference. Upon completion of grams. the Work,these record documents,Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Hazard Communication Programs: Safety and Protection: 6.22. CONTRACTOR shall be responsible for coordinating 6.20. CONTRACTOR shall be responsible for initiating, any exchange of material safety data sheets or other hazard maintaining and supervising all safety precautions and pro- communication information required to be made available to or grams in connection with the Work.CONTRACTOR shall take exchanged between or among employers at the site in accor- all necessary precautions for the safety of, and shall provide dance with Laws or Regulations. the necessary protection to prevent damage,injury or loss to: 6.20.1. all persons on the Work site or who may be Emergencies: affected by the Work; 6.23. In emergencies affecting the safety or protection of 6.20.2. all the Work and materials and equipment to be persons or the Work or property at the site or adjacent incorporated therein,whether in storage on or off the site;and thereto,CONTRACTOR,without special instruction or au- thorization from OWNER or ENGINEER, is obligated to 6.20.3. other property at the site or adjacent thereto, act to prevent threatened damage, injury or loss. including trees, shrubs, lawns,walks,pavements,roadways, CONTRACTOR shall give ENGINEER prompt written notice structures, utilities and Underground Facilities not desig- if CONTRACTOR believes that any significant changes in the noted for removal,relocation or replacement in the course of Work or variations from the Contract Documents have been construction. caused thereby.If ENGINEER determines that a change in the Contract Documents is required because of the action taken CONTRACTOR shall comply with all applicable Laws and by CONTRACTOR in response to such an emergency,a Work Regulations of any public body having jurisdiction for safety of Change Directive or Change Order will be issued to document persons or property or to protect them from damage,injury or the consequences of such action. loss,and shall erect and maintain all necessary safeguards for 6.24.Shop Drawings and Samples: such safety and protection.CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and 6.24.1. CONTRACTOR shall submit rerntired Shop utility owners when prosecution of the Work may affect them, Drawings to ENGINEER for review and approval in accordance and shall cooperate with them in the protection, removal, with the accepted schedule of Shop Drawings and Sample relocation and replacement of their property. All damage, submittals(see paragraph 2.9). All submittals will be identified injury or loss to any property referred to in paragraph 6.20.2 or as ENGINEER may require and in the munber of copies 6.20.3 caused,directly or indirectly,in whole or in part,by specified in the General Requirements.The data shown on CONTRACTOR, any Subcontractor, Supplier or any other the Shop Drawings will be complete with respect to quantities, person or organization directly or indirectly employed by any dimensions,specified performance and design criteria,materials of them to perform or furnish any of the Work or anyone for and similar data to show ENGINEER the materials and whose acts any of them may be fiable,shall be remedied by equipment CONTRACTOR proposes to provide and to enable CONTRACTOR(except damage or loss attributable to the ENGINEER to review the information for the limited purposes fault of Drawings or Specifications or to the acts or omissions required by paragraph 6.26. of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any 6.24.1.I.Shop Drawings submitted as herein provided by of them may be liable,and not attributable,directly or indi- CONTRACTOR and reviewed by ENGINEER for reedy, in whole or in part, to the fault or negligence of conformance with the design concept shall be executed in CONTRACTOR or any Subcontractor,Supplier or other per- conformity with the Contract Doeumetns unless otherwise son or organization directly or indirectly employed by any of required by OWNER. them).CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as 27 6.24.1.2When Shop Drawings are submitted for the Purpose 6.25.2. Each submittal will bear a stamp or specific of showine the insutllation in(treater detail.their review shall written indication that CONTRACTOR has satisfied CON- nut excuse CONTRACTOR from recluireinents shown on the TRACTOR'sobligations under the Contract Documents with Drawings and Specifications. respect to CONTRACTOR's review and approval of that submittal. 6.24.1.3. For-lnformatiotrOtilv-For-FutursLse submittals upon which the ENGINEER is not expected to conduct review 6.25.3. At the time of each submission CONTRACTOR or take resrxmsive action may be so identified in the Coatrau shall give ENGINEER specific written notice of such variations Drawings, if any,that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents,such notice to 6.24.2. CONTRACTOR shall also submit require Samples to be in a written communication separate from the submittal;and, ENGINEER for review and approval in accordance with in addition,shall cause a specific notation to be made on each said accepted schedule of Shop Drawings and Sample submittals. Shop Drawing and Sample submitted to ENGINEER for review Each Sample will be identified clearly as to material,Supplier, and approval of each such--vaFiatiett—variation: otherwise pertinent data such as catalog numbers and the use for which CONTRACTOR will noc he relieved of the responsibility of intended and otherwise as ENGINEER may require to enable executing the Work in accordance with the Contract Documents, ENGINEER to review the submittal for the limited purposes even tlmcwgh such Shop Drawings or Samples have been required by paragraph 6.26.The numbers of each Sample to be otherwise reviewed. submitted will be as specified in the Specifications. 6.25.4. Shop Drawings and Samnle submittals not conforming 6.24.3. If a Shop Drawing or Sample,as su ttniued,indicates a to reauirements of this paragraph 6.25 and Section 01340 will be variation from the Contract Remtirements as set forth in the returned to CONTRACTOR without action for resubmittal and Contract Dcxuments and ENGINEER finds same to be in the tate resulting delay shall be entirely the reswasibility of interest of OWNER and to be so minor as not to involve a CONTRACTOR. change in the Contract Price or time for performance, ENGINEER may approve the Shop Drawings or Samnles: 6.25.5. SeeSection01340. provided however,such departure is slight in nature and does not affect the design concept of the Work. 6.26. ENGINEER will review and approve reuuired Shop Drawings and Samples in accordance with the schedule of Shop CONTRACTOR shall submit all Shop Drawings and Sanmles Drawings and Sample submittals accepted by ENGINEER as re- sufficient in advance of construction reuirements to allow quired by paragraph 2.9. ENGINEER's review and approval ample time for checking correcting resubmitting and will be only to determine if the items covered by the submittals rechecking and to avoid any delay in progress of the Work will,after installation or incorporation in the Work,conform to the information given in the Contract Documents and be 6.24.4. See Seccion 01340. compatible with the design concept of the completed Project as a Functioning whole as indicated by the Contract Documents. 6.25. SubntindProcedures: ENGINEER's review and approval will not extend to means, methods,techniques,sequences or procedures of construction 6.25.1. Before submitting each Shop Drawing or Sam- (except where a particular means, method, technique, ple,CONTRACTOR shall have determined and verified: sequence or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety 6.25.1.1.all field measurements,quantities,dimes precautions or programs incident thereto. The review and sions,specifiedperformancecriteria,installation require- approval of a separate item as such will not indicate approval of items,materials,catalog numbers and similar information the assembly in which the item functions. CONTRACTOR with respect thereto. shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop 6.25.1.2.all materials with respect to intended use, Drawings and submit as required new Samples for review and fabrication,shipping,handling,storage,assembly and approval. CONTRACTOR shall direct specific attention in installation pertaining to the performance of the Work,and writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.25.1.3. all informationrelative to CONTRACTOR's sole respomibilities in respect of means,methods,tech- 6.27. ENGINEER's review and approval of required Shop niques,sequences and procedures of construction and Drawings or Samples shall not relieve CONTRACTOR from safety precautions and programs incident thereto. responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing CONTRACTOR shall also have reviewed and coordinated called ENGINEER's attention to each such variation at the time each Shop Drawing or Sample with other Shop Drawings of submission as required by paragraph 6.25.3 and ENGINEER and Samples and with the requirementsof the Work and has given written approval of each such variation by specific the ComractDocumems. written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval;nor will any approval by 28 1 ENGINEER relieve CONTRACTOR from responsibility for gation to perform the Work in accordance with the Contract complying with the requirements of paragraph 6.25.1. Documents: 6._17.1_ ENGINEER's check and rcricw of Shop Draw'iges 6.30.2.1. observations by ENGINEER; and Samples spedficntims and Jexripuve literature suhmiued by CONTRACTOR will be only liar general conformance with 6.30.2.2. recommendationof any progress or final design concept.except as otherwise provided,and shall not be payment by ENGINEER; construed as. 6.30.2.3. the issuance of a certificate of Substantial 6 27.1.f. perluitting anv departnre from the Contract Completion or any payment by OWNER to CONTRAC- requirements: TOR under the Contract Documents; 6.27.1.2. relieving CONTRACTOR of the responsibihiv for 6.30.2.4. use or occupancy of the Work or any part any error in details.dimetisions or otherwise that may exist in thereof by OWNER; such submittals: 6.30.2.5. any acceptance by OWNER or any failure to 6.27.1.3. coastitutim a blanket approval of dimensions, do so; quantities,or details of the material or equipment shown;or 6.30.2.6. any review and approval of a Shop Drawing 6,27,1.4. approving departures from additional details or or Sample submittal or the issuance of a notice of accept- instruaionspreviouslvfurnisheclbYENGINF,ER. Suchclteckor ability by ENGINEER pursuant to paragraph 14.13; review shall not relieve CONTRACTOR of the full responsi bi lity of meeting all of the requirements of l he Contract 6.30.2.7, any inspection,test or approval by others;or Documents. 6.30.2.8. any correction ofdefective Work byOWNER. 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 Indemnification: paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at 6.31. To the fullest extent permitted by Laws and Regula- die sole expense and responsibility of CONTRACTOR. tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the ContinuinglheWork: officers,directors,employees,agents and other consultants of each and any of them from and against all claims,costs,losses 629. CONTRACTOR shall carry on the Work and adhere and damages(including but not limited to all fees and charges to the progress schedule during all disputes or disagreements of engineers,architects,attorneys and other professionals and with OWNER.No Work shall be delayed or postponed pending all court or arbitration or other dispute resolution costs)caused resolution of any disputes or disagreements,except as permitted by, arising out of or resulting from the performance of the by paragraph 15.5 or as OWNER and CONTRACTOR may Work,provided that any such claim,cost,loss or damage:(i)is otherwise agree in writing. attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the 6.30. CONTRACTOR's General Warranty and Guarantee: Work itself),including the loss of use resulting therefrom,and (ii)is caused in whole or in part by any-negligent act or omission 6.30.1. CONTRACTOR warrants and guarantees to of CONTRACTOR, any Subcontractor, any Supplier, any OWNER,ENGINEER and ENGINEER's Consultatttsthat person or organization directly or indirectly employed by any of all Work will be in accordance with the Contract Documents them to perform or furnish any of the Work or anyone for whose and will not be defective. CONTRACTOR's warranty and acts any of them may be liable,regardless of whether or not guarantee hereunder excludes defects or damage caused by: caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed 6.30.1.1. abuse,modification or improper maintenance or upon such indeninifiedparty,by Laws and Regulations regardless operation by persons other than CONTRACTOR, of the negligence of any such person or entity. Subcontractors or Suppliers;or 6.32. In any and all claims against OWNER or ENGI- 6.30.1.2. normal wear and tear under normal usage. NEER or any of their respective consultants,agents,officers, directors or employees by any employee(or the survivor or 6.30.2. CONTRACTOR's obligation to perform and com- personal representative of such employee)of CONTRACTOR, plete the Work in accordance with the Contract Documents any Subcontractor,any Supplier,any person or organization shall be absolute. None of the following will constitute an directly or indirectly employed by any of them to perform or acceptance of Work that is nor in accordance with the furnish any of the Work,or anyone for whose acts any of them ContractDocuments or a release of CONTRACTOR's obli- 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 7.3. if the proper execution or results of any part of or other person or organization under workers'compensation CONTRACTOR's Work depends upon work performed by acts,disability benefit acts or other employee benefit acts. others under this Article 7,CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any 6.33. The indemnification obligations of CONTRACTOR delays,defects or deficiencies in such other work that render it under paragraph 6.31 shall not extend to the liability of ENGI- unavailable or unsuitable for the proper execution and results NEER and ENGINEER's Consultants, officers, directors, of CONTRACTOR's Work. CONTRACTOR's failure so to employees or agents caused solely by the professional report will constitute an acceptance of such other work as fit and negligence,errors or omissions of any of them. proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other Survival of Obligations: work. 6.34. All representations,indemnifications,warranties and Coordination: guarantees made in,required by or given in accordance with the Contract Documents, as well as all continuing obligations 7.4. If OWNER contracts with others for the performance indicated in the Contact Documents,will survive final pay- of other work on the Project at the site,the following will be set mem,completion and acceptance of the Work and termination or forth in Supplementary Conditions: completionof the Agreement. 7.4.1. the person,firm or corporation who will have authority and responsibility for coordination of the activities among the ARTICLE 7—OTHER WORK 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 Related Work at Site: 7.4.3. the extent of such authority and responsibilities 7.1. OWNER may perform other work related to the will be provided. Projectat the site by OWNER's own forces, or let other directcontracts therefor which shall contain General Condi- Unless otherwise provided in the Supplementary Condi- tions similar to these, or have other work performed by tions,OWNER shall have sole authority and responsibility in utility owners. If the fact that such other work is to be respect of such coordination. performed was not noted in the Contract Documents,then: (i)written notice thereof will be given to CONTRACTOR ARTICLE 8--OWNER'S RESPONSIBILITIES 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 8.1. Except as otherwise provided in these General Condi- will involve additional expense to CONTRACTOR or re- tions,OWNER shall issue all communications to CONTRAC- quires additional time and the parties are unable to agree as TOR through ENGINEER. to the amount or extent thereof. 8.2. In case of termination of the employment of ENGI- 7.2. CONTRACTOR shall afford each other contractor who is NEER,OWNER shall appoint an engineer against whom a party to such a direct contract and each utility owner(and CONTRACTOR makes no reasonable objection,whose status OWNER,if OWNER is performing the addi-tion]work with under the Contract Documents shall be that of the former OWNER's employees)proper and safe access to the site and a ENGINEER. reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work 8.3. OWNER shall furnish the data required of OWNER and shall properly connect and coordinate the Work with theirs. under the Contract Documents promptly and shall make pay- Unless otherwise provided in the Contract Documents, mems to CONTRACTOR promptly when they are due as CONTRACTOR shall do all cutting,fitting and patching of the provided in paragraphs 14.4 and 14.13. Work that may be required to make its several parts come together properly and itte- grate with such other work. 8.4. OWNER's duties in respect of providing lands and CONTRACTOR shall not endanger any work of others by easements and providing engineering surveys to establish ref- cutting,excavating or otherwise altering their work and will only erence points are set forth in paragraphs 4.1 and 4.4. Paragraph cut or alter their work with the written consent of ENGINEER 4.2 refers to OWNER's identifying and making available to and the others whose work will be affected.The dudes and CONTRACTOR copies of reports of explorations and tests of responsibilities of CONTRACTOR under this paragraph are for subsurface conditions at the site and drawings of physical the benefit of such utility owners and other contractors to the conditions in existing structures at or contiguous to the site that extent that there are comparable provisions for the benefit of have been utilized by ENGINEER in preparing the Contract CONTRACTOR in said direct contracts between OWNER and Documents. such utility owners and other contactors. 30 ' 8.5. OWNER's responsibilities in respect of purchasing and OWNER to determine,in general,if the Work is proceeding in maintaining liability and property insurance are set forth in accordance with the Contract Documents.ENGINEER will not paragraphs 5.5 through 5.10. be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's 8.6. OWNER is obligated to execute Change Orders as efforts will be directed toward providing for OWNER a greater indicated in paragraph 10.4. degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits 8.7. OWNER's responsibility in respect of certain inspec- and on-site observations, ENGINEER will keep OWNER tions,tests and approvals is set forth in paragraph 13.4. informed of the progress of the Work and will endeavor to guard ' OWNER against defective Work. ENGINEER's visits and 8.8. In connection with OWNER's right to stop Work or on-site observations are subject to all the limitations on suspend Work,see paragraphs 13.10 and 15.1.Paragraph 15.2 ENGINEER's authority and responsibility set forth in paragraph deals with OWNER's right to terminate services of CON- 9.13, and particularly,but without limitation,during or as a TRACTOR under certain circumstances. result of ENGINEER's on-site visits or observations of CONTRACTOR's Work, ENGINEER will not supervise, 8.9. The OWNER shall not supervise, direct or have direct, control or have authority over or be responsible for control or authority over,nor be responsible for,CONTRAC- CONTRACTOR's means, methods, techniques,sequences or TOR's means, methods, techniques, sequences or procedures procedures of construction, or the safety precautionsand of construction or the safety precautions and programs incident programs incident thereto,or for any failure of CONTRACTOR thereto,or for any failure of CONTRACTOR to comply with to comply with Laws and Regulations applicable to the Laws and Regulations applicable to the furnishing or perfor- furnishing or performance of the Work. 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. Project Representative: 8.10. OWNER's responsibility in respect of undisclosed 9.3 If OWNER and ENGINEER agree, ENGINEER will Asbestos,PCBs, Petroleum,Hazardous Waste or Radioactive furnish a Resident Project Representative to assist Materials uncovered or revealed at the site is set forth in ENGINEER in providing more continuous observation of the paragraph 4.5. Work.The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will 8.11. If and to the extent OWNER has agreed to furnish be as provided in paragraph 9.13 and in the Supplementary CONTRACTOR reasonable evidence that financial arrange- Conditions. If OWNER designates another representative or mens have been made to satisfy OWNER's obligations under agent to represent OWNER at the site who is not ENGINEER's the Contract Documents, OWNER',responsibility in respect Consultant,agent or employee,the responsibilities and authority thereof will be as set forth in the Supplementary Conditions. and limitations thereon of such other person will be as provided in the Supplementary Conditions. ARTICLE 9--ENGINEER'S STATUS DURING 9.3.1. ENGINEER'sResidentPmicetRepresentativesttallnot CONSTRUCTION authorize any deviation from the Contract Documents or substitutions of materials or equipment,unless authorized by ENGINEER. Clarifteationsand Interpretations: OWNER's Representative: 9.4. ENGINEER will issue with reasonable promptness 9.1. ENGINEER will be OWNER's representative during the written clarifications or interpretations of the require- construction period. The duties and responsibilities and the mens of the Contract Documents(in the form of Drawings or limitations of authority of ENGINEER as OWNER's repre- otherwise)as ENGINEER may determine necessary, which sentative during construction are set forth in the Contract shall be consistent with the intent of and reasonably inferable Documents and shall not be extended without written consent of from Contract Documents. Such written clarifications and OWNER and ENGINEER. interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that Visits to Site: a written clarification or interpretation justifies an adjusnnent in the Contract Price or the Contract Times and the parries are 9.2. ENGINEER will make visits to the site at intervals unable to agree to the amount or extent thereof,if any,OWNER appropriate to the various stages of construction as ENGINEER or CONTRACTOR may stake a written claim therefor as pro- deems necessary in order to observe as an experienced and vided in Article 11 or Article 12. qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Authorized Variations in Work. Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of 31 9.5. ENGINEER may authorize minor variations in the "Dispute Resolution Agreement," entered into between Work from the requirements of the Contract Documents which OWNER and CONTRACTOR pursuant to Article 16,or(ii)if do not involve an adjustment in the Contract Price or the no such Dispute Resolution Agreement has been entered into,a Contract Times and are compatible with the design concept of formal proceeding is instituted by the appealing party in a forum the completed Project as a functioning whole as indicated by of competent jurisdiction to exercise such rights or remedies as the Contract Documents. These may be accomplished by a the appealing parry may have with respect to ENGINEER's Field Order and will be binding on OWNER and also on decision,unless otherwise agreed in writing by OWNER and CONTRACTOR who shall perform the Work involved CONTRACTOR. Such appeal will not be subject to the promptly. If OWNER or CONTRACTOR believes that a Field procedures of paragraph 9.11. , Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the Decisions on Disputes: amount or extent thereof,OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. 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 Rejecting Defective Work: matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents 9.6. ENGINEER will have authority to disapprove or pertaining to the performance and furnishing of the Work and reject Work which ENGINEER believes to be defective, or Claims under Articles 11 and 12 in respect of changes in the that ENGINEER believes will not produce a completed Project Contract Price or Contract Tithes will be referred initially to that conforms to the Contract Documents or that will prejudice ENGINEER in writing with a request for a formal decision in the integrity of the design concept of the completed Project as a accordance with this paragraph.Written notice of each such functioning whole as indicated by the Contract Documents. claim,dispute or other matter will be delivered by the claimant ENGINEER will also have authority to require special inspeo- to ENGINEER and the other party to the Agreement promptly tion or testing of the Work as provided in paragraph 13.9, (but in no event later than thirty days)after the start of the whether or not the Work is fabricated,installed or completed. occurrence or event giving rise thereto,and written supporting data will be submitted to ENGINEER and the other parry The acceotancce,at any time,of materials or euuipmentbv or on within sixty days after the start of such occurrence or event behalf of OWNER shall not be a bar to future resection if they unless ENGINEER allows an additional period of time for the are subseuuently found to be defective,inferior in Quality,or submission of additional or more accurate data in support of uniformity to material or equipment specified,or are nor as such claim,dispute or other matter.The opposing parry shall represented to ENGINEER or OWNER. submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal(unless Shop Drawings,Change Orders and Payments: ENGINEER allows additional time). ENGINEER will reader a formal decision in writing within thirty days after receipt of 9.7. In connection with ENGINEER's authority as to the opposing parry's submittal,if any,in accordance with this Shop Drawings and Samples,see paragraphs 6.24 through 6.28 paragraph. ENGINEER's written decision on such claim, inclusive. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless:(i)an appeal from ENGINEER's 9.8. In connection with ENGINEER's authority as to Change decision is taken within the time limits and in accordance with Orders,see Articles 10,11,and 12. the procedures set forth in EXMIT GC-A "Dispute Reso- Mon Agreement,"entered into between OWNER and CON- 9.9. In connection with ENGINEER's authority as to TRACTOR pursuant to Article 16,or(ii)if no such Dispute Applications for Payment,see Article 14. 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 Determinadiansfor Unit Prices: ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party 9.10. ENGINEER will determine the actual quantities and in a forum of competent jurisdiction to exercise such rights or classifications of Unit Price Work performed by CONTRAC- remedies as the appealing patty may have with respect to such TOR. ENGINEER will review with CONTRACTOR the EN- claim, dispute or other matter in accordance with applicable GINEER's preliminary determinations on such matters before Laws and Regulations within sixty days of the date of such rendering a written decision thereon(by recommendation of an decision,unless otherwise agreed in writing by OWNER and Application for Payment or otherwise).ENGINEER's written CONTRACTOR. decision thereon will be final and binding upon OWNER and CONTRACTOR,unless,within ten days after the date of any 9.12. When functioning as interpreter and judge under such decision,either OWNER or CONTRACTOR delivers to paragraphs 9.10 and 9.11,ENGINEER will not show partiality the other and to ENGINEER written notice of intention to appeal to OWNER or CONTRACTOR and will not be liable in from ENGINEER's decision and: (i) an appeal from connection with any interpretation or decision rendered in ENGINEER's decision is taken within the time limits and in good faith in such capacity. The rendering of a decision by accordance with the procedures set forth in Exhibit GC-A, ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect 32 to any such claim,dispute or other matter(except any which promptly proceed with the Work involved which will be have been waived by the making or acceptance of final performed under the applicable conditions of the Contract payment as provided in paragraph 14-15) will be a condition Documents(except as otherwise specifically provided). precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the 10.2. If OWNER and CONTRACTOR are unable to agree as -Contract Documents or by Laws or Regulations in respect of to the extent,if any,of an adjustment in the Contract Price or an any such claim,dispute or other matter pursuant to Article 16. adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made 9.13.Lindialionson ENGINEER'sAuthority and Responsibilities: therefor as provided in Article 11 or Article 12. 9.13.1.Neither ENGINEER's authority or responsibil- 10-3- CONTRACTOR shall not be entitled to an increase in ity under this Article 9 or under any other provision of the the Contract Price or an extension of the Contract Times with Contract Documents nor any decision made by ENGINEER respect to any Work performed that is not required by the in good faith either to exercise or not exercise such authority Contract Documents as amended,modified and supplemented or responsibility or the undertaking,exercise or performance as provided in paragraphs 3.5 and 3.6 except in the case of an of any authority or responsibility by ENGINEER shall emergency as provided in paragraph 6.23 or in the case of create,impose or give rise to any duty owed by ENGINEER uncovering Work as provided in paragraph 13.9. to CONTRACTOR,any Subcontractor,any Supplier,any other person or organization,or to any surety for or em- 10.4. OWNER and CONTRACTOR shall execute appro- ployee or agent of any of them. priate Change Orders recommended by ENGINEER(or Writ- ten Amendments)covering: 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for 10.4.1, changes in the Work which are(i)ordered by CONTRACTOR's means,methods,techniques,sequences or OWNER pursuant to paragraph 10.1,(ii)required because of procedures of construction,or the safety precautions and pro- acceptance of defective Work under paragraph 13.13,or grams incident thereto,or for any failure of CONTRACTOR correcting defective Work under paragraph 13.4,or(iii) to comply with Laws and Regulations applicable to the agreed to by the parties; furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or 10.4.2. changes in the Contract Price or Contract Times furnish the Work in accordance with the Contract Documents. which are agreed to by the parties;and 9.13.3. ENGINEER will not be responsible for the acts 10-4.3. changes in the Contract Price or Contract Times or omissions of CONTRACTOR or of any Subcontractor, which embody the substance of any written decision ren- any Supplier,or of any other person or organization perform- dered by ENGINEER pursuant to paragraph 9.11; ing or furnishing any of the Work. provided that,in lieu of executing any such Change Order,an 9.13.4. ENGINEER's review of the final Application for appeal may be taken from any such decision in accordance with Payment and accompanying documentation and all mainte- the provisions of the Contract Documents and applicable Laws nance and operating instructions,schedules,guarantees, and Regulations,but during any such appeal,CONTRACTOR bonds and certificates of inspection,tests and approvals and shall carry on the Work and adhere to the progress schedule as other documentationrequired to be delivered by paragraph provided in paragraph 6.29. 14.12 will only be to determine generally that their content complies with the requirements of,and in the case of 10.5. If notice of any change affecting the general scope of certificatesof inspections,tests and approvals that the the Work or the provisions of the Contract Documents(includ- resultscertified indicate compliance with,the Contract Doc- ing,but not limited to, Contract Price or Contract Times)is uments. required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- 9.13.5. The limitations upon authority and responsibility sibility,and the amount of each applicable Bond will be set forth in this paragraph 9.13 shall also apply to ENGI- adjusted accordingly. NEER's Consultants,Resident Project Representative and assistants. 10.6. Chanee Prtmosal Reauest ARTICLE 10—CHANGES IN THE WORK 10.6.1. When OWNER reuuests CONTRACTOR to present a proposal to accomplish a change in the Work,the request will be [Wade in the form of a Change Proposal Request(CPR) 10.1. Without invalidating the Agreement and without prepared by ENGINEER. The CPR will describe the chance notice to any surety.OWNER may,at any time or from time to and reouest CONTRACTOR to propose a cost and Contract time,order additions,deletions or revisions in the Work. Such Time change. CONTRACTOR will propose cost and time additions,deletions or revisions will be authorized by a Written changes,provide a breakdown for the costs-sign(be CPR and Amendment,a Change Order,or a Work Change Directive. return it to ENGINEER. ENGINEER will make Upon receipt of any such document, CONTRACTOR shall recommendationsto OWNER concerning accentance.If the 33 CPR is approved by OWNER.the CPR will he included in a to a lump sum is not reached under paragraph 11.3.2,on the Chane Order. CONTRAC-rOR is not authorized to proceed basis of the Cost of the Work(determinedas provided in With a chane contained in a CPR until the Chane Order is paragraphs 11.4 and 11.5)plus a CONTRACTOR'Sfee for rami lv summed athi issued. overhead and profit(determined as provided in paragraph 11.6). 10.6.2. When dui;CONTRACTOR desires to protxise chanzes ' to the Work.ii may initiate a CPR in the same form as provided Cost of the Work. in Paragraph 10.6.1.and submit the CPR to the ENGINEER for the ENGINEER's review and recommendation. 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 ARTICLE 11—CHANGE OF CONTRACT PRICE 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 11.1. The Contract Price constitutes the total compensa- itemized in paragraph 11.5: tion(subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties,responsibili- 11.4.1. Payroll costs for employees in the direct employ ties and obligations assigned to or undertaken by of CONTRACTOR in the performance of the Work under CONTRACTOR shall be at CONTRACTOR's expense without schedules of job classificationsagreedupon by OWNER and change in the Contract Price. CONTRACTOR.Such employees shall include without lip- itation superintendents,foremen and other personnel em- 11.2. The Contract Price may only be changed by a Change ployed full-time at the site. Payroll costs for employees not Order or by a Written Amendment.Any claim for an adjust- employed fuel time on the Work shall be apportioned on the ment in the Contract Price shall be based on written notice basis of their time spent on the Work. Payroll costsshall delivered by the parry making the claim to the other party and include,but not be limited to,salaries and wages plus the to ENGINEER promptly (but in no event later than thirty cost of fringe benefits which shall include social security days)after the start of the occurrence or event giving rise to the contributions,unemployment,excise and payroll taxes,work- claim and stating the general nature of the claim.Notice of the ers'compensation,health and retirement benefits,bonuses, amount of the claim with supporting data shall be delivered sick leave,vacation and holiday pay applicable thereto.The within sixty days after the start of such occurrence or even expenses of performing Work after regular working hours, (unless ENGINEER allows additional time for claimant to on Saturday,Sunday or legal holidays,shall be included in submit additional or more accurate data in support of the claim) the above to the extant authorized by OWNER. and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the 11.4.2. Cost of all materials and equipment Gtnvshed and claimant is entitled as a result of said occurrence or event. All incorporated in the Work,including costs of transportation claims for adjustment in the Contract Price shall be determined and storage thereof,and Suppliers'field services required in by ENGINEER in accordance with paragraph 9.11 if OWNER connection therewith.All cash discounts shall accrue to and CONTRACTORcannot otherwise agree on the amount CONTRACTORunless OWNER deposits funds with involved.No claim for an adjustment in the Contract Price will CONTRACTOR with which to make payments,in which case be valid if not submitted in accordance with this paragraph the cash discounts shall accrue to OWNER.All trade discounts, 11.2. rebates and refunds and retarns from sale of surplus materials and equipment shall accrue to OWNER,and 11.3. The value of any Work covered by a Change Order or of CONTRACTOR shall make provisions so that they may be any claim for an adjustment in the Contact Price will be obtained. determined as follows: 11.4.3. Payments made by CONTRACTOR to the Sub- 11.3.1. where the Work involved is covered by unit contractors for Work performed or furnished by Subcontrac- prices contained in the Contract Documents,by application tors. H required by OWNER,CONTRACTOR shall obtain of such unit prices to the quantities of the items involved competitive bids from subcontractors acceptable to OWNER (subject to the provisions of paragraphs 11.9.1 through and CONTRACTOR and shall deliver such bids to OWNER 11.9.3,inclusive); who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract 11.3.2. where the Work involved is not covered by unit provides that the Subcontractor is to be paid on the basis of prices contained in the Contract Documents,by a mutually Cost of the Work Plus a fee,the Subcontractor's Cost of the agreed lump sum(which may include an allowance for Work and fee shall be determined in the same manner as overhead and profit not necessarily in accordance with CONTRACTOR's Cost of the Work and fee as provided in paragraph 11.6.2); paragraphs 11.4,11.5,11.6 and 11.7. All subcontracts shall be subject to the miter provisions of the Contract Documents 11.3.3. where the Work involved is not covered by unit insofar as applicable. prices contained in the Contract Documents and agreement 34 I 11.4.4. Costs of special consultants(including but not 11.4.5.7. The cost of utilities,fuel and sanitary facili- limited to engineers,architects,testing laboratories,survey- ties at the site. ars, attorneys and accountants)employed for services spe- cifically related to the Work. 11.4.5.8. Minor expenses such as telegrams,long dis- tance telephone calls,telephone service at the site,ex- 11.4.5. Supplemental costs including the following: pressage and similar petty cash items in connection with the Work. 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'sem- 11.4.5.9. Cost of premiums for additional Bonds and ployees incurred in discharge of duties connected with the insurance required because of changes in the Work. Work. 11.5. The term Cost of the Work shall not include any of 11.4.5.2. Cost,including transportation and mainte- the following: nance,of all materials,supplies,equipment,machinery, appliances,office and temporary facilities at the site and 11.5.1. Payroll costs and other compensation of CON- hand tools not owned by the workers,which are con- TRACTOR's officers,executives,principals(of partnership sumed in the performance of the Work,and cost less and sole proprietorships),general managers,engineers,ar- market value of such items used but not consumed which chitects,estimators,attorneys,auditors,accountants,pur- remain the property of CONTRACTOR. chasing and contracting agents,expediters,timekeepers, clerks and other personnel employed by CONTRACTOR 11.4.53. Rentals of all construction equipment and whether at the site or in CONTRACTOR'sprincipal or a machinery and the parts thereof whether rented from branch office for general administrationof the Work and not CONTRACTOR or others in accordance with rental agree- specifically included in the agreed upon schedule of job mens approved by OWNER with the advice of ENGI- classifications referred to in paragraph 11.4.1 or specifically NEER,and the costs of transportation,loading,unload- covered by paragraph 11.4.4—all of which are to be consid- ing,installation,dismantling and removal thereof--all in ered administrative costs covered by the CONTRACTOR's ' accordance with the terms of said rental agreements.The fee. rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the 11.5.2. Expenses of CONTRACTOR's principal and Work. branch offices other than CONTRACTOR's office at the site. r11.4.5.4. Sales,consumer,use or similar taxes related 11.5.3. Any part of CONTRACTOR's capital expenses, to the Work,and for which CONTRACTOR is liable, including interest on CONTRACTOR's capital employed for imposed by Laws and Regulations. the Work and charges against CONTRACTOR for delin- quent payments. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR,any Subcontractor or anyone 11.5.4. Cost of premiums for all Bonds and for all ' directly or indirectly employed by any of them or for insurance whether or not CONTRACTOR is required by the whose acts any of them may be liable,and royalty Contract Documents to purchase and maintain the same payments and fees for permits and licenses. (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.4.5.6. Losses and damages(and related expenses) caused by damage to the Work,not compensatedby 11.5.5. Costs due to the negligence of CONTRACTOR,any insurance or otherwise,sustained by CONTRACTOR in Subcontractor,or anyone directly or indirectly employed by connection with the performance and furnishing of the any of them or for whose acts any of them may be liable, Work(except losses and damages within the deductible including but not limited to,the correction of defective Work, amounts of property insurance establishedby OWNER in disposal of materials or equipment wrongly supplied and accordance with paragraph 5.9),provided they have re- making good any damage to property. sulted from causes other than the negligence of CON- TRACTOR,any Subcontractor,or anyone directly or Other overhead or general expense costs of any kind indirectly employed by any of them or for whose acts any and the costs of any item not specifically and expressly of them may be liable. Such losses shall include settle- included in paragraph 11.4. ments made with the written consent and approval of OWNER. No such losses,damages and expenses shall be 11.6. The CONTRACTOR's fee allowed to CONTRAC- included in the Cost of the Work for the purpose of TOR for overhead and profit shall be determined as follows: determining CONTRACTOR's fee. If,however,any such loss or damage requires reconstruction and CONTRAC- 11.6.1. a mutually acceptable feed fee;or TOR is planed in charge thereof,CONTRACTOR shall be paid for services a fee proportionate to that stated in 11.6.2. if a fixed fee is not agreed upon,then a fee paragraph 11.6.2. based on the following percentages of the various portions of the Cost of the Work: 35 11.6.2.1. for costs incurred under paragraphs 11.4.1 Prior to final payment,an appropriate Change Order will be and 11.4.2,the CONTRACTOR's fee shall be fifteen issuedas recommendedby ENGINEERto reflect actual amounts percent. due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly 11.6.2.2. for costs incurred under paragraph 11.4.3, adjusted. the CONTRACTOR'sfee shall be five percent; 11.9.Unit Price Work: 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 11.9.1. Where the Contract Documents provide that all is agreed upon,the intent of paragraphs 11.4.1,11.4.2, or part of the Work is to be Unit Price Work,initially the 11.4.3 and 11.6.2 is that the Subcontractor who actually Contract Price will be deemed to include for all Unit Price performs or ftunishes the Work,at whatever tier,will be Work an amount equal to the sum of the established unit paid a fee of fifteen percent of the costs incurred by such price for each separately identified item of Unit Price Work Subcontractorunder paragraphs 11.4.1 and 11.4.2 and that times the estimated quantity of each item as indicated in the any higher tier Subcontractor and CONTRACTOR will Agreement.The estimated quantities of items of Unit Price each be paid a fee of five percent of the amount paid to the Work are not guaranteed and are solely for the purpose of next lower tier Subcontractor; comparison of Bids and determining an initial Contract Price.Determinations of the actual quantities and classifica- 11.6.2.4. no fee shall be payable on the basis of costs tions of Unit Price Work performed by CONTRACTOR itemized under paragraphs 11.4.4,11.4.5 and 11.5; will be made by ENGINEER in accordance with paragraph 9.10. 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net 11.9.2. Each unit price will be deemed to include an decrease in cost will be the amount of the actual net amount considered by CONTRACTOR to be adequate to decrease in cost plus a deduction in CONTRACTOR's fee cover CONTRACTOR's overhead and profit for each by an amount equal to five percent of such net decrease; separately identified item. Work described in the Contract , and Documents but not identified in the listing of unit price items shall be ctntsideredincidental to unit price work listed and the 11.6.2.6. when both additions and credits are involved cost of incidental work included as a part of the unit orice. in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in 11.9.3. OWNER or CONTRACTOR may[Hake a claim accordance with paragraphs 11.6.2.1 through 11.6.2.5, for an adjustment in the Contract Price in accordance with inclusive. Article 11 if: 11.7. Whenever the cost of any Work is to be determined 11.9.3.1.the quantity of any item of Unit Price Work pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will performed by CONTRACTOR differs materially and sig- establish and maintain records thereof in accordance with nificantly from the estimated quantity of such item indi- generally accepted accounting practices and submit in form cated in the Agreement;and acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.9.3.2.there is no corresponding adjustment with respect to any other item of Work;and Cash Allowances: 11.9.3.3.if CONTRACTOR believes that CONTRAC- 11.8. It is understood that CONTRACTOR has included in the TOR is entitled to an increase in Contract Price as a result Contract Price all allowances so named in the Contract of having incurred additional expense or OWNER be- Documents and shall cause the Work so covered to be furnished lieves that OWNER is entitled to a decrease in Contract and performed for such sums as may be acceptable to OWNER Price and the parties are unable to agree as to the amount and ENGINEER.CONTRACTOR agrees that: of any such increase or decrease. 11.8.1. the allowances include the cost to CONTRAC- TOR(less any applicable trade discounts)of materials and ARTICLE 12—CHANGE OF CONTRACT TIME equipment required by the allowances to be delivered at the site,and all applicable taxes;and 12.1. The Contract Times (or Milestones)may only be 11.8.2.CONTRACTOR's costs for unloading and han- changed by a Change Order or a Written Amendment. Any dling on the site,labor,installationcosts,overhead,profit claim for an adjustment of the Contract Times(or Milestones) and other expenses contemplated for the allowances have shall be based on written notice delivered by the parry making been included in the Contract Price and not in the allowances the claim to the other parry and to ENGINEER promptly(but in and no demand for additional payment on account of any of no event later than thirty days) after the occurrence of the the foregoing will be valid. event giving rise to the claim and stating the general nature of 36 , 1 the claim. Notice of the extent of the claim with supporting organization,or to any surety for or employee or agent of any of data shall be delivered within sixty days after such occurrence them, for damages arising out of or resulting from(i)delays (unless ENGINEER allows an additional period of time to caused by or within the control of CONTRACTOR,or (ii) ascertain more accurate data in support of the claim)and shall delays beyond the control of both parties including but not be accompanied by the claimant's written statement that the limited to fires, floods, epidemics, abnormal weather condi- adjustment claimed is the entire adjustment to which the tions, acts of God or acts or neglect by utility owners or claimanthas reason to believe it is entitled as a result of the other contractors performing other work as contemplated by occurrence of said event. All claims for adjustment in the Article 7. 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 ARTICLE 13--TESTS AND INSPECTIONS adjustment in the Contract Times(or Milestones)will be valid if CORRECTION,REMOVAL OR not submitted in accordance with the requirements of this ACCEPTANCE OFDEFECTIVEWORK paragraph 12.1. 12.1.1. No exwnsionof the Contract Time will he allowed for 13.1. Notice Of Defects: Prompt notice of all defective additional Work or for Claimed delay unless the additional Work Work of which OWNER or ENGINEER have actual know- contemplated or claimed delav is shown to be on the critical natlt ledge will be given to CONTRACTOR. All defective Work of the Project's schedule(if construction or CONTRACTOR can may be rejected corrected or accepted as provided in this Article show by Critical Path 11,4e[hod analvsis how dte additional Work 11. or claimed delav adversely affects the critical path. Access to Work: 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent 12.3. Where CONTRACTOR is prevented from complet- testing laboratories and governmental agencies with jurisdic- ing any part of the Work within the Contract Times (or tional interests will have access to the Work at reasonable times Milestones)due to delay beyond the control of CONTRAC- for their observation,inspecting and testing.CONTRACTOR TOR,the Contract Times(or Milestones)will be extended in an shall provide them proper and safe conditions for such access amount equal to the time los[due to such delay if a claim is and advise them of CONTRACTOR's site safety procedures made therefor as provided in paragraph 12.1. Delays beyond and programs so that they may comply therewith as applicable. the control of CONTRACTOR shall include,but not be limited to,acts or neglect by OWNER,acts or neglect of utility owners Tests and Inspections: or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- 13.3. CONTRACTOR shall give ENGINEER timely no- tions or acts of God. Delays attributable to and within the tice of readiness of the Work for all required inspections,tests control of a Subcontractor or Supplier shall be deemed to be or approvals,and shall cooperate with inspection and testing delays within the control of CONTRACTOR. personnel to facilitate required inspections or tests. 12.3.1. OWNER,at,OWNER's sole discretion,may waive 13.4. OWNER shall employ and pay for the services of an the reuuirements of paragraph GC-12.3,and grant exleusions to independent testing laboratory to perform all inspections,tests, the Contract Time for arty reason OWNER deems valid. or approvals required by the Contract Documents except: 12.3.2. Time extensions will not be granted for rain.wind. 13.4.1. for inspections,tests or approvals covered by flood,or other natural Phenomena of ratrntal intensity for the paragraph 13.5 below; locality where Work is performed. For Purpose of detemtining extent of delay attributable to unusual weather Phenomena.a 13.4.2. that costs incurred in connection with tests or determination shall be made by comparing the weather for at inspections conducted pursuant to paragraph 13.9 below least any continuous us out-frnmh of the Contract Time involved shall be paid as provided in said paragraph 13.9;and with the average of the preceding 5-year climatic range durine the same time interval based on U.S.Weather Bureau statistics 13.4.3. as otherwise specificallyprovided in the Con- for the locality where the Work is performed. tract Documents. 12.4. Where CONTRACTOR is prevented from complet- 13.5. If Laws or Regulations of any public body having ing any part of the Work within the Contract Tithes (or jurisdiction require any Work(or part thereof)specifically to be Milestones)due to delay beyond the control of both OWNER inspected,tested or approved by an employee or other repro- and CONTRACTOR,an extension of the Contract Times(or sentative of such public body, CONTRACTOR shall assume Milestones)in an amount equal to the time krst due to such full responsibility for arranging and obtaining such inspections, delay shall be CONTRACTOR's sole and exclusive remedy for tests or approvals,pay all costs in connection therewith,and such delay.In no event shall OWNER be liable to CONTRAC- furnish ENGINEER the required certificates of inspection,or TOR, any Subcontractor,any Supplier,any other person or approval. CONTRACTOR shall alto be responsible for arrang- 37 ing and obtaining and shall pay all costs in connection with any mem,or fails to furnish or perform the Work in such a way that ' inspections, tests or approvals required for OWNER's and the completed Work will conform to the Contract Documents, ENGINEER's acceptance of materials or equipment to be OWNER may order CONTRACTOR to stop the Work,or any incorporated in the Work, or of materials,mix designs, or portion thereof, until the cause for such order has been equipment submitted for approval prior to CONTRACTOR's eliminated;however,this right of OWNER to stop the Work purchase thereof for incorporation in 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 13.6. If any Work(or the work of others) that is to be other party. inspected,tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER,be uncovered for observation. Correction or Removal of Defective Work 13.7. Uncovering Work as provided in paragraph 13.6 shall be 13.11. If required by ENGINEER,CONTRACTOR shall at CONTRACTOR's expense unless CONTRACTOR has given promptly,as directed,either correct all defective work,whether ENGINEER timely notice of CONTRACTOR's intention to or not fabricated,installed or completed,or,if the Work has cover the same and ENGINEER has not acted with reasonable been rejected by ENGINEER, remove it from the site and promptness in response to such notice. 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 Uncovering Work: costs of repair or replacementof work of others). 13.8. If any Work is covered contrary to the written request of 13.12.Correction Period: ENGINEER,it must,if requested by ENGINEER,be uncovered for ENGINEER's observation and replaced at 13.12.1 If within one year after the date of Substantial CONTRACTOR'S expense. completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable 13.9. If ENGINEER considers it necessary or advisable special guarantee required by the Contract Documents or by , that covered work be observed by ENGINEER or inspected any specific provision of the Contract Documents,any Work is or tested by others, CONTRACTOR, at ENGINEER's re- found to be defective,CONTRACTOR shall promptly,without quest,shall uncover,expose or otherwise make available for cost to OWNER and in accordance with OWNER's written observation,inspection or testing as ENGINEER may require, instructions:(i)correct such defective Work,or if it has been that portion of the Work in question,furnishing all necessary rejected by OWNER,remove it from the site and replace it labor,material and equipment.If it is found that such Work is with Work that is not defective,and(ii)satisfactorily correct or defective,CONTRACTOR shall pay all claims,costs, losses remove and replace any damage to other Work or the work of and damages caused by, arising out of or resulting from such others resulting therefrom. If CONTRACTOR does not uncovering,exposure,observation,inspection and testing and promptly comply with the terms of such instructions,or in an of satisfactory replacement or reconstruction(including but not emergency where delay would cause serious risk of loss or limited to all costs of repair or replacement of work of others); damage,OWNER may have the defective Work corrected or the rejected Work removed and replaced,and all claims,costs, me losses and damages caused by or resulting from such to- ' moval and replacement(including but not limited to all costs of #[isle 1 Wr OWNER shall be entitled to accept defective Work repair or replacement of work of others)will be paid by and be entitled to an aonropriate decrease in die Contract Price. CONTRACTOR. 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 13.12.2. In special circumstances where a particular item case CONTRACTOR shall still be resvonsible for all costs ofequipment isplaced ineontinuousservice before Substan- associated with exposinv observing and testing die defective tial Completionof all the Work,the correctionperiod for that Work. If,however,such Work is not found to be defective, item may start to run from an earlier date if so provided in CONTRACTOR shall be allowed an increase in the Contract the Specificationsor by Written Amendment. Price or an extension of the Contract Tithes(or Milestones),or both, directly attributable to such uncovering,exposure. ob- 13.12.3.Where defective Work(and damage to other servation,inspection,testing,replacement and reconstruction; Work resulting therefrom)has been corrected,removed or and,if the parties are unable to agree as to the amount or extent replaced under this paragraph 13.12,the correctionperiod thereof,CONTRACTOR may make a claim therefor as pro- hereunder with respect to such Work will be extended for an vided in Articles 11 and 12. additionalperiod of one year after such correction or re- moval and replacement has been satisfactorilycompleted. ' OWNER May Scop the Work: Accepranceof Defective Work: 13.10. if the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- 38 , ' 13.13. If, instead of requiring correction or removal and ARTICLE I4-PAYMENTS TO CONTRACTOR AND replacement of defective Work,OWNER(and,prior to ENGI- COMPLETION NEER's recommendation of final payment,also ENGINEER) prefers to accept it,OWNER may do so.CONTRACTOR shall Schedule of Values: pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such 14.1.The schedule of values established as provided in defective Work(such costs to be approved by ENGINEER as paragraph 2.9 will serve as the basis for progress payments and to reasonableness). If any such acceptance occurs prior to will be incorporated into a form of Applicationfor Payment ENGINEER's recommendation of final payment, a Change acceptable to ENGINEER.Progress payments on account of Order will be issued incorporating the necessary revisions in Unit Price Work will be based on the number of units com- the Contract Documents with respect to the Work;and OWNER pleted. shall be entitled to an appropriate decrease in the Contract Price,and,if the parties are unable to agree as to the amount Applicationfor Progress Payment. thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- 14.2. At least twenty days before the date established for each tion,an appropriate amount will be paid by CONTRACTOR to progress payment (but not more often than once a OWNER. month),CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by OWNER May Correct Defective Work: CONTRACTOR covering the Work completed as of the date ' of the Application and accompanied by such supporting 13.14. If CONTRACTOR fails within a reasonable time documentation as is required by the Contract Documents. If after written notice from ENGINEER to correct defective payment is requested on the basis of materials and equip- Work or to remove and replace rejected Work as required by ment not incorporated in the Work but delivered and suitably ENGINEER in accordance with paragraph 13.11,or if CON- stored at the site or at another location agreed to in writing, TRACTOR fails to perform the Work in accordance with the the Application for Payment shall also be accompanied by a Contract Documents, or if CONTRACTOR fails to comply bill of sale, invoice or other documentation warranting that with any other provision of the Contract Documents,OWNER OWNER has received the materials and equipment free and may, after seven days' written notice to CONTRACTOR, clear of all Liens and evidence that the materials and correct and remedy any such deficiency. In exercising the equipment are covered by appropriate property insurance rights and remedies under this paragraph OWNER shall pro- and other arrangements to protect OWNER's interest therein, teed expeditiously. In connection with such corrective and all of which will be satisfactory to OWNER. The amount of remedial action,OWNER may exclude CONTRACTOR from retainage with respect to progress payments will be as all or part of the site,take possession of all or part of the Work, stipulated in the Agreement. and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, CONTRACTOR's Warranty of Title: construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for 14.3. CONTRACTOR warrants and guarantees that title to which OWNER has paid CONTRACTOR but which are stored all Work materials and equipment covered by any Application elsewhere. CONTRACTOR shall allow OWNER,OWNER's for Payment,whether incorporated in the Project or not, will representatives, agents and employees, OWNER's other pass to OWNER no later than the time of payment free and clear contractors and ENGINEER and ENGINEER's Consultants of all Liens. 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 Review of ApplicationsforProgressPayment- rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary 14.4. ENGINEER will, within ten clays after receipt of revisions in the Contract Documents with respect to the Work: each Application for Payment, either indicate in writing a and OWNER shall be entitled to an appropriate decrease in the recommendation of payment and present the Application to Contract Price,and,if the parties are unable to agree as to the OWNER or return the Application to Contractor indi- amotntt thereof, OWNER may make a claim therefor as cating in writing ENGINEER's reasons for refusing to recorn- provided in Article 11. Such claims costs,losses and damages mend payment. In the latter case,CONTRACTOR may make will include but not be limited to all costs of repair or the necessary corrections and resubmit the Application. Ten replacement of work of others destroyed or damaged by days after presentation of the Application for Payment to correction, removal or replacement of CONTRACTOR's OWNER with ENGINEER's recommendation, the amount defective Work. CONTRACTOR shall not be allowed an recommended will(subject to the provisions of the last sentence extension of the Contract Times(or Milestones)because of any of paragraph 14.7)become due and when due will be paid by delay in the performance of the Work attributable to the exercise OWNER to CONTRACTOR. by OWNER of OWNER's rights and remedies hereunder. 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 39 on-site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the 14.7.4. ENGINEER has actual knowledge of the oc- Application for Payment and the accompanying data and curretce of any of the events enumerated in paragraphs schedules,that to the best of ENGINEER's knowledge,infor- 15.2.1 through 15.2.4 inclusive, mation and belief: OWNER may refuse to make payment of the full amount 14.5.1. the Work has progressedto the point indicated, recommended by ENGINEER because: 14.5.2. the quality of the Work is generally in accor- 14.7.5. claims have been made against OWNER on dance with the Contract Documents(subject to an evalu- account of CONTRACTOR's performance or furnishing of ation of the Work as a functioning whole prior to or upon the Work, Substantial Completion,to the results of any subsequent tests called for in the Contract Documents,to a final 14.7.6. Liens have been filed in connection with the Work, determinationof quantities and classificationsfor Unit except where CONTRACTOR has delivered a specific Bond Price Work under paragraph 9.10,and to any other quali- satisfactory to OWNER to secure the satisfaction and fications stated in the recommendation),and discharge of such Liens, 14.5.3. the conditions precedent to CONTRACTOR's 14.7.7. there are other items entitling OWNER to a being entitled to such payment appear to have been setoff against the amount recommended,or fulfilled in so far as it is ENGINEER's responsibility to 1 observe the Work. 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs However,by recommending any such payment ENGINEER will 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 not thereby be deemed to have represented that: (i) inclusive; exhaustiveorcontimrous on-site inspections have been made to check the quality or the quantity of the Work beyond the but OWNER must give CONTRACTOR immediate written responsibilities specifically assigned to ENGINEER in the notice (with a copy to ENGINEER)stating the reasons for , Contract Documents or(ii)that there may not be other matters or such action and promptly pay CONTRACTOR the amount so issues between the patties that might entitle CONTRACTOR to withheld,or any adjustment thereto agreed to by OWNER and be paid additionally by OWNER or entitle OWNER to withhold CONTRACTOR, when CONTRACTOR corrects to OWN- payment to CONTRACTOR. ER's satisfaction the reasons for such action. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is SubstandalCompletion: responsible for CONTRACTOR's means,methods,techniques, sequences or procedures of construction,or the safety precau- 14.8. When CONTRACTOR considers the entire Work tions and programs incident thereto, or for any failure of ready for its intended use CONTRACTOR shall notify OWNER CONTRACTOR to comply with Laws and Regulations appli- and ENGINEER in writing that the entire Work is substantially cable to the ftunishing or performance of Work, or for any complete(except for items specifically listed by CONTRAC- failure of CONTRACTOR to perform or furnish Work in TOR as incomplete) and request that ENGINEER issue a accordance with the Contract Documents. certificate of Substantial Completion.Within a reasonable time thereafter,OWNER, CONTRACTOR and ENGINEER shall 14.7. ENGINEER may refuse to recommend the whole or make an inspection of the Work to determine the status of any pan of any payment if,in ENGINEER's opinion,it would completion.If ENGINEER does not consider the Work sub- be incorrect to make the representations to OWNER referred to stantially complete,ENGINEER will notify CONTRACTOR in paragraph 14.5. ENGINEER may also refuse to recom- in writing giving the reasons therefor.If ENGINEER considers [Wend any such payment,or, because of subsequently discov- the Work substantially complete,ENGINEER will prepare and ered evidence or the results of subsequent inspections or tests, deliver to OWNER a tentative certificate of Substantial Com- nullify any such payment previously recommended, to such pletion which shall fix the date of Substantial Completion.There extent as may be necessary in ENGINEER's opinion to shall be attached to the certificate a tentative list of items to be protect OWNER from loss because: completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during 14.7.1. the Work is defective,or completed Work has which to make written objection to ENGINEER as to any been damaged requiring correctionor replacement, provisions of the certificate or attached list.If,after considering such objections,ENGINEER concludes that the Work is not 14.7.2. the Contract Price has been reduced by Writ- substantially complete,ENGINEER will within fourteen days ten Amendment or Change Order, after submission of the tentative certificate to OWNER notify CONTRACTOR in writing,stating tbe reasons therefor.If,after 14.7.3. OWNER has been required to correct defec- consideration of OWNER's objections,ENGINEER considers tive Work or complete Work in accordance with paragraph the Work substantially complete,ENGINEER will within said 13.14,or fourteen days execute and deliver to OWNER and 40 , CONTRACTOR a definitive certificate of Substantial 14.10.2. No occupancy or separate operation of part Completion(with a revised tentative list of items to be completed of the Work will be accomplished prior to compliance with or corrected) reflecting such changes from the tentative the requirements of paragraph 5.15 in respect of property certificate as ENGINEER believes justified after consideration of insurance. 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 Final Inspection: recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to 14.11. Upon written notice from CONTRACTOR that the ' security,operation,safety,maintenance,heat,utilities,insurance entire Work or an agreed portion thereof is complete,ENGI- and warranties and guarantees. Unless OWNER and NEER will make a final inspection with OWNER and CON- CONTRACTOR agree otherwise in writing and so inform TRACTOR and will notify CONTRACTOR in writing of all ' ENGINEER in writing prior to ENGINEER's issuing the particulars in which this inspection reveals that the Work is definitive certificate of Substantial Completion, ENGINEER's incomplete or defective. CONTRACTOR shall immediately aforesaid recommendation will be binding on OWNER and take such measures as are necessary to complete such Work or CONTRACTOR until final payment. remedy such deficiencies. ' 14.9. OWNER shall have the right to exclude CONTRAC- Final App&cationforPayment: TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to 14.12. After CONTRACTOR has completed all such cor- complete or correct items on the tentative list. rection to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and Partial Utilization: operating instruction, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, 14.10. Use by OWNER at OWNER's option of any sub- certificates of inspection, marked-up record documents (as stantially completed part of the Work which(i)has specifically provided in paragraph 6.19)and other documents,CONTRAC- been identified in the Contract Documents,or (ii) OWNER, TOR may make application for final payment following the ENGINEER and CONTRACTOR agree constitutes a sepa- procedure for progress payments. The final Application for rately functioning and usable part of the Work that can be used Payment shall be accompanied(except as previously delivered) by OWNER for its intended purpose without significant inter- by:(i)all documentation called for in the Contract Documents, ference with CONTRACTOR's performance of the remainder including but not limited to the evidence of insurance required by of the Work, may be accomplished prior to Substantial Com- subparagraph 5.4.13, (ii)consent of the surety, if any, to final pletion of all the Work subject to the following: payment, and (iii)complete and legally effective releases or waivers(satisfactory to OWNER)of all Liens arising out of or 14.10.1. OWNER at any time may request filed in connection with the Work.In lieu of such releases or CONTRACTOR in writing to permit OWNER to use any waivers of Liens and as approved by OWNER, CONTRAC- such part of the Work which OWNER believes to be ready TOR may furnish receipts or releases in full and an affidavit of for its intended use and substantially complete. If CONTRACTOR that.(i)the releases and receipts include all CONTRACTOR agrees that such part of the Work is labor,services,material and equipment for which a Lien could substantially complete, CONTRACTOR will certify to be filed,and(ii)all payrolls,material and equipment bills and OWNER and ENGINEER that such pan of the Work is other indebtedness connected with the Work from which substantially complete and request ENGINEER to issue a OWNER or OWNER's property might in any way be certificateof Substantial Completion for that part of the responsible have been paid or otherwise satisfied. If any Work.CONTRACTOR at any time may notify OWNER and Subcontractor or Supplier fails to furnish such a release or ENGINEER in writing that CONTRACTOR considers receipt in full,CONTRACTOR may finish a Bond or other any such part of the Work ready for its intended use and collateral satisfactory to OWNER to indemnify OWNER against substantially complete and request ENGINEER to issue a any Lien. certificate of Substantial Completion for that pan of the Work.Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make Final Payment and Acceptance: an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider 14.13. If,on the basis of ENGINEER's observation of the that part of the Work to be substantially complete, Work during construction and final inspection, and ENGI- ENGINEER will notify OWNER and CONTRACTOR in NEER's review of the final Application for Payment and writing giving the reasons therefor.If ENGINEER considers accompanying documentation as required by the Contract that pan of the Work to be substantially complete, the Documents,ENGINEER is satisfied that the Work has been and provisions of paragraphs 14.8 and 14.9 will apply with completed and CONTRACTOR's other obligations tinder the respect to certification of Substantial Completion of that Contract Documents have been fulfilled, ENGINEER will, part of the Work and the division of responsibility in within ten days after receipt of the final Application for respect thereof and access thereto. Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for r 41 payment.At the same time ENGINEER will also give written resumed.CONTRACTOR shall resume the Work on the date ' notice to OWNER and CONTRACTOR that the Work is so fixed.CONTRACTOR shall be allowed an adjustment in the acceptable subject to the provisions of paragraph 14.15. Contract Price or an extension of the Contract Times,or both, Otherwise, ENGINEER will return the Application to directly attributable to any such suspension if CONTRACTOR CONTRACTOR,indicating in writing the reasons for refusing makes an approved claim therefor as provided in Articles 11 to recommend final payment,in which case CONTRACTOR and 12. shall make the necessary corrections and resubmit the Application.Thirty days after the presentation to OWNER of the Application and accompanying documentation, in appropriate OWNER May Terminate: form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by 15.2. Upon the occurrence of any one or more of the ENGINEER will become due and will be paid by OWNER to following events: CONTRACTOR. 15.2.1. if CONTRACTOR persistently fails to perform 14.14. If,through no fault of CONTRACTOR,final com- the Work in accordance with the Contract Documents(in- pletion of the Work is significantly delayed and if ENGINEER cluding,but not limited to,failure to supply sufficient skilled so confirms,OWNER shall,upon receipt of CONTRACTOR's workers or suitable materials or equipment or failure to final Application for Payment and recommendation of adhere to the progress schedule established under paragraph ENGINEER, and without terminating the Agreement, make 2.9 as adjusted from time to time pursuant to paragraph 6.6); payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance to be held by 15.2.2. if CONTRACTOR disregards Laws or Regula- OWNER for work not fully completed or corrected is less than tions of any public body having jurisdiction; the retainage stipulated in the Agreement,and if Bonds have been furnished as required in paragraph 5.1,the written con- 15.2.3. if CONTRACTOR disregards the authority of sem of the surety to the payment of the balance due for that ENGINEER;or portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- 15.2.4. if CONTRACTORotherwise violates in any sub- cation for such payment.Such payment shalt be made under stantial way any provisions of the Contract Documents; the terms and conditions governing final payment,except that it shall not constitute a waiver of claims. 6191H -H-1 ROg"SHS, ISFEM-66818 the ReS-088F 6f Waiver of Clams: 14.15. The making and acceptance of final payment will constitute: nnwmo•nTnn with..... liabiliV iB GOPQ46A.GWR fe 14.15.1. a waiver of claims by OWNER against tFespass or eowefsiBn),iHeeFp9Fme in the Wart all CONTRACTOR,except claims arising from unsettled Liens, and equipEnnt sorted at the site OF feF whieh OWNER has paid from defective Work appearing after final inspectionpursu- am 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 `z1_a- suet. mkoess will be paid to than against OWNER and/or ENGINEER other an those e. if 611611 610iEffi,009%. less 5 MA d- We' previously made in writing and still unsettled. inoupized by OMWER 91 130 F8MF*9W@d by ENGWRER 08 le ARTICLE 15—SUSPENSION OF WORK AND dMir and- Mien as approved by ENGINEER TERMINATION OWNER May Suspend Work: OWNER will provide written notice ut CONTRACTOR and Surety to arrange a conference with CONTRACTOR and Surety 15.1. At any time and without cause,OWNER may sus- to address CONTRACTOR'S failure to perform the Work. Pend the work or any portion thereof for a period of not more Conference shall be held not earlier than 171 days,nor later than thatu ninety days by notice in writing to CONTRACTOR and 1.5 days.after receimofnotice. ENGINEER which will fix the date on which Work will be 42 It in: OWNER. Um CONCRACTOR,and the Surcry do not Maimenamccof the Work chaff continue to be CONfRACT-OR's a rc=w allowththe CONTRACT OR to proceed to perforin the and Surety, responsibilities as provided for in the bond Cent.[ruction Cuntrac 1.due OWNER ntav,to the exteufpennitted regtircments of the Contract Docunlems or inn special by Laws ant] Regulations,dolor,a CONTRACTOR Mfaull guarantees provided for under the Contract Documema or amy and formally ierjmnmc Ute CONTRACI'OR's right to complete o0let ebligutions ethenvise nrescrihed by law. the Contract. CONTRACTOR Dcfauh shall not be dcclarad earlier than 2U days alter the CONTRACTOR and Surety have 15.3, Where CONTRACTOR's services have been so ter- tecewed notice of conference to address CONTRACTOR's minated by OWNER,the termination will not affect any rights failure to perlorm the Work, or remedies of OWNER against CONTRACTOR then existing ' or which may thereafter accrue.Any retention or payment of It'CONTRACfOR's services ate terminated,Suretv shall be moneys due CONTRACTOR by OWNER will not release obligated to take over and performthe Work. 11 Suretv dues not CONTRACTOR from liability. conn imcc performance dtereoF within 15 consecutive calendar days after dam olnotice to CON'T'RACTOR that the cervices of 15.4. Upon seven days'written notice to CONTRACTOR and CONTRACT(')R hive been tcrmivated,ur if Suretv has taken ENGINEER, OWNER may, without cause and without over for CONTRACTOR and while nrosecutiug the Work in prejudice to any otter right or remedy of OWNER, elect to I lieu of CONTRACTOR_any one or more of tlr:;events cited in terminate the Agreement.in such case,CONTRACTOR shall 15.2.L thr0ughC.2.4.occur.then OWNER.withournrocess or be paid(without duplication of any items): action at law, may take over any Durriun of the Work and coniploeitasdescribedbelow. 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- lt OWNER completes de Work, OWNER may exclude tive date of termination,including fair and reasonable sums CONTRACTOR from the site and take possession of the Work for overhead and profit on such Work; and of x11 CON'I'RACTOR`s utols, appliances, construction equipment anti machinery at the site and use the sante to the fill 15.4.2. for expenses sustained prior to the effective date extent thovcould beused byCONTRACT'OR(widioutliability of termination in performing services and furnishing labor, to CONTRACTOR tar trespass or conversion),incorporate in materials or equipment as required by the Contract Docu- the Work all materials and equipment stored at the site or for ments in connection with uncompleted Work,plus fair and which OWNER has paid CONTRACTOR but which are stored reasonable sums for overhead and profit on such expenses; elsewhere and finish the Work as OWNER may deem uxpadiem. 15.4.3. for all claims,costs,losses and damages incurred in settlement of terminated contracts with Subcontractors, Whether OWNER or Suretv completes the Work. Suppliers and others;and CONTRACTOR shall not he emitled to receive any further Payment until the Work is finished, If the unpaid balance,of the 15.4.4for reasonable expenses directly attributable to Contract Price exceeds all claims, costs, losses and damages termination. sustained by OWNER arising out of or resulting from ' consleting the Work, such excess will be Haid to CONTRACTOR shall not be paid on account of loss of CONTRACTOR. 11 such claims,costs, losses and damages anticipated profits or revenue or other economic loss arising out exceed such unpaid balance. CONTRACTOR shall pav rhe of or resulting from such termination, 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 CONTRACTOR May Stop Work or Terminate: incorporated in a Change Order,provided that when exercising any rights or remedies under this Paragraph.OWNER shall not15.5. If, through no act or fault of CONTRACTOR,the be required to obtain the lowest Price for the Work performed. Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- Neither OWNER. ENGINEER, nor any of their respective ity,or ENGINEER fails to act on any Application for L consultants,agents.officers,directors or employees shall be in Payment within thirty days after it is submitted or OWNER airy way liable or aceounutble to CONTRACTOR or Suretv for fails for thirty days to pay CONTRACTOR any sum finally the method by which the cotnfletion of the said Work,or any determined to be due, then CONTRACTOR may, upon portion thereof, may be accomplished or for the price paid seven days' written notice to OWNER and ENGINEER, therefore. and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- OWNER,notwithstanding the method used in completing the ment and recover from OWNER payment on the same terms ' Contract,shall not forfeit the richt to recover damages from as provided in paragraph 15.4. In lieu of terminating the CONTRACTOR or Suretv for CONTRACTOR's failure u+ Agreement and without prejudice to any other right or timely complete the entire Contract. CONTRACTOR shall not remedy,if ENGINEER has failed to act on an Application be entitled to any claim for damages on account of the method for Payment within thirty days atter it is submitted, or user]by OWNER in completing the Contract. OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may r 43 upon seven day's written notice to OWNER and ENGI- act of the other party or of airy of the other party's employees r NEER stop the Work until payment of all such amounts due or agents or others for whose acts the other parry is legally CONTRACTOR, including interest thereon. The provisions liable,claim will be made in writing to the other party within a , of this paragraph 15.5 are not intended to preclude CON- reasonable time of the first observance of such injury or TRACTOR from making claim under Articles 11 and 12 for damage. The provisions of this paragraph 17.3 shall not be an increase in Contract Price or Contract Times or otherwise construed as a substitute for or a waiver of the provisions of ' for expenses or damage directly attributable to CONTRAC- any applicable statute of limitations or repose. TOR's stopping Work as permitted by this paragraph. 'ARTICLE 16—DISPUTE RESOLUTION 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- br_Wftn them That May _AW _____ this Agmement, sue 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 9.1i, ancl 949. 94WER and GOPWRAGTOR may _ _____ 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 d the Contract Documents in connection with each particular duty,obligation,right and remedy to which they apply. 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 any dispute. Professional Fees and Court Costs included: subject to Para�ranhs GC-9.10.9.11,and 9.12. 17.5. Whenever reference is made to"claims,costs,losses ARTICLE 17—MISCELLANEOUS 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 GhingNotice: resolution costs. ' 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 [The remainder of this page was left blank intentionally.] it is intended,or if delivered at or sem by registered or certified mail,postage prepaid,to the last business address known to the giver of die 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 applicablejurisdiction,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 stiffer injury or damage to person or property because of any error,omission or 44 , a a 00805A—1 SECTION 00805A SUPPLEMENTARY CONDITIONS 1 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 ofthe 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. ARTICLE 1-DEFINITIONS ' SC-1.33 Add the definition of OWNER's Site Representative to be stated as follows: 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: Installation of Backflow Prevention Devices August 1997 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 ' fumish 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. 1 (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: August 1997 lnstallation of Backflow Prevention Devices , 00805A—3 $250,000. Each Person $500,000. Each Accident Property Damage: $100,000. Each Accident or (2) Combined Single Limit(Bodily Injury and Property Damage): $600,000. Each Accident 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: IIDR 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." 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. ' Installation of Backflow Prevention Devices August 1997 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 1 August 1997 Installation of Backflow Prevention Devices ' 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 earned 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 1 Installation of Backflow Prevention Devices August 1997 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 1 1 August 1997 Installation of Backflow Prevention Devices ' 00830—1 SECTION 00830 PREVAILING WAGE RATES (See attached information from the State General Services Commission and the accompanying 1 Wage Rate Determinations.) END OF SECTION i 1 1 1 i i 1 1 1 1 1 1 Installation of Backflow Prevention Devices August 1997 101 ag=o General Services Commission WOECl FR Ramiro•Ram' ERS 1711 San Jacinto-P.O.Box 1304lss�RERs7 COM Austin,Texas 78711-3047 d w s— Dianc+o VW Fore.PE ' Web Site:www.gsc.state.tx.us z�.Rus (512)463-3035 rxcC rnE wiRE-croR Two Treadway Pertinent Information to All Public Entities Using Prevailing Wage Rate Determinations ' Produced by the General Services Commission 1. 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. ' 3. 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. 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 prevailing wage rate for this classification. Where this occurs,General Contractors and Subcontractors shall not be bound to a prevailing wage rate.^ 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 ' 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. ' WRI" 'A proud aane•>r. M Equal OpparWnry Emplay- P'- CHAIRMAN --z}ly, upliorso Jaticson General Services Commission w E�wRMAN Hamiro' G 1711 San Jacinto-P.O.Box 13047 COMMISMSISI amlen ONERS Austin,Texas 78711-3047 olelm 0eb se Uawcio 14W Fbres.RE. Web Site:www.gsc.state.tx.us u-ny�r.o Gene Snull (512)463-3035 E)(EcUTNE CRRECTOR T Tn:anway PREVAILING WAGE RATE DETERMINATION INFORMATION ' (To Be Included in Bid Package) 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 less 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 journeyman 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. wR,00, ' YrurldmiaY'Iad PAoer MEqual Oppar My Employer YV VirnCi l,inaalY l\.Ga1Vu �i C:.ii fi�.v.1 .7i�GGl 1 Asbestos Worker Worker who removes and disposes of asbestos materials. Carpenter Worker who builds wood structures,or structures of any material which has replaced wood_ Includes rough and finish carpentry,hardware and trim. Carpet Layer/Flooring Installer Worker who installs carpet and/or floor coverings-vinyl tile. Concrete 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. tElevator Mechanic Craftsman skilled in the installation and maintenance of elevators. Fire Proofing Installer Worker who sprays or applies fire proofing materials. Glazier 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 Rebar. '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. 1 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. 'Pipefftter 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 who installs roofing materials,Bitumen(asphalt and cold tar),felts, flashings,all types roofing membranes and associated products. 'Sheet Metal Worker Worker who installs sheet metal products. Roof metal,flashings,and curbs, ductwork,mechanical equipment,and associated metals. Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment. Terrazzo Worker Craftsman who places and finishes Terrazzo. Tile Setter Worker who prepares wall and/or floor surfaces and applies ceramic tiles to these surfaces. Waterproofer/Caulker Worker who applies water proofing material to buildings. Products include ' sealant,caulk,sheet membrane,liquid membranes,sprayed,rolled,or brushed Ion. WMt 2 ' PREVAILING WAGE RATE DETERMINATION BUILDING CONSTRUCTION TRADES COUNTY NAME: WILLIAMSON ' Date Printed: April 15,1997 CLASSIFICATION Rate Health Pension Vacation I Total wage ASBESTOS WORKER $8.78 $0.00 $0.00 $0.00 $8.78 CARPENTER $15.52 $1.57 $0.97 $0.00 $18.06 CARPET LAYERIFLOORING INSTALLER $8.00 $O.oD $0.00 $0.00 $8.00 CONCRETE FINISHER $10.27 $0.00 $0.00 $0.00 $1027 DATA COMMUNICATION/TELECOM INSTALLER $12.08 $0.76 $0.50 $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 FIRE PROOFING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 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 $0.00 $0.00 $12.18 LABORERMELPER $7.48 $0.02 $0.00 $0.00 $7.51 LATHER/PLASTERER $12.50 $0.00 $0.00 $0.00 $12.50 LIGHT EQUIPMENT OPERATOR $7.75 $0.00 $0.00 $0.001 $7.75 ' MASON $16.00 $0.00 $0.00 $0.00 $16.00 METAL BUILDING ASSEMBLER $11.00 $0.62 $0.00 $0.34 $11.96 ' MILLWRIGHT $15.91 $1.63 $1.00 $0.00 $18.54 PAINTERIWALL COVERING INSTALLER $8.00 $0.00 $0.00 $0.00 $8.00 PIPEFITTER $18.10 $1.42 $1.80 $0.00 $21.32 PLUMBER $12.68 $0.00 $0.00 $0.00 $12.68 ROOFER $10.00 $0.00 $0.00 $0.00 $10.00 SHEET METAL WORKER $18.40 $2.39 $2.55 $0.33 $23.67 ' SPRINKLER FITTER $18.25 $3.40 $2.20 $0.00 $23.85 TERRAZZO WORKER $0.00 $0.00 $0.00 $0.00 $0.00 TILE SETTER $15.00 $0.32 $0.00 $0.00 $15.32 WATERPROOFER/CAULKER $10.64 $0.00 $0.00 $0.00 $10.64 ' $0.00 in the rate field indicates insufficient data was received to determine a prevailing wage rate for this classification. Government 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." ' Property of General Services Commission Based on 1996 Survey Results 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 TRAVIS BEXAR GUADALUPE WILLIAMSON ' 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 TRAVIS ' BEXAR GUADALUPE WILLIAMSON BRAZOS HAYS COMAL MCLENNAN ' SUTX2042A 11/16/1991 Rates Fringes 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 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 1 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 7.499 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 t REINFORCING STEEL SETTER STRUCTURES 9.062 STEEL WORKER-STRUCTURAL 9.242 ' SIGN ERECTOR 8.640 SPREADER BOX OPERATOR 6.541 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 1 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 DIVISION 1 GENERAL REQUIREMENTS j I 3 1 L 1 1 01060-1 SECTION 01060 SPECIAL CONDITIONS PART 1-GENERAL 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 I 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. Installation of Backflow Prevention Devices August 1997 01060-2 ' 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 August 1997 Installation of Backflow Prevention Devices 01060-3 specifications. Any question arising as to the limits of work shall be left up to the interpretation of the Engineer. 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 ofhis 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. Installation of Backflow Prevention Devices August 1997 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 line stabilization of subgrade material when the Plasticity Index of the subgrade is above 24. Maintenance Bond shall remain in effect for(2)years from date of City of Round Rock acceptance of improvements. Such bonds shall be from an approved 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 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. August 1997 Installation of Backflow Prevention Devices 01060-5 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. 1.21 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. I 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 1 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 ofproject duration. Include a composite 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. 1.22 PROJECT MEETINGS A. The Engineer will conduct construction meetings involving: Installation of Backflow Prevention Devices August 1997 01060-6 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. 1.23 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. 1.24 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. 1.25 DISINFECTION A. Disinfection of all facilities will be in accordance with AWWA standards. B. For disinfection of all piping,see Sections 02660 and 15060. END OF SECTION August 1997 Installation of Backflow Prevention Devices ' 01340—1 SECTION 01340 ' SHOP DRAWINGS,PRODUCT DATA&SAMPLES;OPERATION& MAINTENANCE MANUALS;AND MISCELLANEOUS SUBMITTALS PART 1-GENERAL 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: Installation of Backflow Prevention Devices August 1997 01340-2 1. Transmit all submittals to: HDR Engineering,Inc. 2211 South I1-1-35,Suite 300 Austin,TX 78741 Attn: Jim Glaser,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. August 1997 Installation of Backflow Prevention Devices 01340-3 3. Transmit to: HDR Engineering,Inc. 2211 South IH-35,Suite 300 Austin,TX 78741 ' Attn: Jim Glaser,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. Installation of Backflow Prevention Devices August 1997 01340-4 , a) Obtain Engineer's prior approval to exclude items. i 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. August 1997 Installation of Backflow Prevention Devices , 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. ' Installation of Backflow Prevention Devices August 1997 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. S) 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 C1 ' 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 SUBMITTED. ' 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 August 1997 Installation of Backflow Prevention Devices , r01340-7 r `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 r 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 r 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 r 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 r 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. rc. REVISE AND RESUBMIT. r rInstallation of Backflow Prevention Devices August 1997 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 r August 1997 Installation of Backflow Prevention Devices ' Exhibit A Shop Drawing Transmittal No. 1 ' Project Name: Date Received: Project Owner: Checked By: ' Contractor: HDR Engineering,Inc. Log Page: Address: Address: I HDR No.: ' Spec.Section: Ann.: Arm.: 1st.Sub.LJ ReSub.LJ Date Transmitted: Previous Transmittal Date: ' No. Description Manufacturer Dwg,or Data Action Taken' Caples No. Remarks: ' 'The Action Designated Above is in Accordance with the Following Legend: A- Furnish as Submitted D- Rejected B- Furnish as Noted E- Engineer's review not required C- Revise and Submitt 1. Submittal not Required. 2. Supplemental Information. Submittal 1. Not enough information for review. retained for informational purposed only. 2. No reproducibles submitted. 3. Information reviewed and approved on 3. Copies illegible. prior submittal. 4. Not enough copies submitted. 4. See comments. 5. Wrong sequence number. 6. Wrong resubmittal suffix. 7. Wrong spec.section. 6. Wrong form used. 9. See comments. ' Comments: I L I I I By Date Distribution: Contractor U File U Field U owner U Other U VW 1A Jun.low Exhibit B FURO & M Manual Transmittal No. ' Project Name: Date Received: Project Owner: Checked By: Contractor: Owner. Log Page: Address: Address: HDR No.: Spec.Section: 1 st.Sub.LJ ReSub.LJ ' Date Transmitted: Previous Transmittal Date: NoP Description of Item Manufacturer DwgAct .or Data ion Taken* Co les No. i F— F—F F— ' (Remarks: ' ITo: From: HDR Engineering,Inc. ' Date: 'The Action Designated Above is in Accordance with the Following Legend: A- Acceptable,Provide five additional Copies 5. Lubrication&maintenance instructions. 6. Troubleshooting guide. B- Furnish as Noted 7. Parts list and ordering instructions. C- Revise and Resubmit. 8. Organization(index and tabbing). This ration and Maintenance Manual Submittal 9• Wiring diagrams&schematics specific to installation. is deficient in the following areas: 10. Outline,cross section&assembly diagrams. 1. Equipment record shoots. 11. Test data&performance curves. 2. Functional description. 12. Tag or equipment identification numbers. 3. Assembly,disassembly,Installation,alignment, 13. Other-see comments. adjustment&checkout instructions. 4. Operating instructions D- Rejected Comments: By Date Distribution: Contractor U File LJ Field U Owner U other U V.1.0 Jww 1980 Exhibit C1 Equipment Record 1 Equipment Maintenance Data Summary Project Name I Page of Equip.Description Date Installed I Date Started Equip.LOration Cost Estimated Lite Project Equlp.Tag No. Shop Dwg.Trans.No. Spec.Sec. Equlp.N1anu1. Manuf.Address Phone Local Vendor Venda Address phone BREAK-IN MAINTENANCE REQUIREMENTS(INITIAL OIL CHANGES,ETC.) TIMrr Fbura FI FFFI F— I—F—F-F-F-I PREVENTIVE MAINTENANCE REQUIREMENTS FFrFFF�'°"ra FFFFFFrrr FFFFFFFF— FFFFFIrF-- F— F FFFFIrrF-- F F F F F FFrl IrrF-F-- FrF— RECOMMENDED SPARE PARTS ELECTRICAL NAMEPLATE DATA Part No. Part Name quantity Equip. Make Serial No. ID No. I� �-Model No. Frame No. I �HP 1'_ Amp• I'... RPM SF Duly ra Ina.Wb Dea. Typo Ne C Amb Noma . Temp.Rlae RatMtp I F-Mac. ' MECHANICAL NAMEPLATE DATA Equip. �-Make SOrIW No. I ID No. Model No. Frame No. F-HP RPM Cap, Sire TDH Imp.Sz. Dae. CFM jl--� �PSI Away.No. Case No. Mx. Wbrkent Inlametlon on Idl.1.9 page Vw t.D Jura taBD Exhibit C2 ' Equipment Record 1 ' Lubrication Summary Equipment DowAption Project Equlp.Tag No. Pape of ' Lubrlcant Point 9p Manufacturer Product —F—AG-9 F SAE M ISO I` EFI ' Lubrkant Point F_ ManuFacturer Product AGMA ISO M SAE Y LubnranI Polnt F A Manufacturer Product AG_MA, SAEM ISO Lubricant Point Manufacturer I Product F AGMA a F SAE a F ISO &F' F—FF__ F_F_F_ Lubricant Point FI Manutacturer Product AG-# F SAEk F ISO J I �� ' Lubrkent Pdm �- Manufacturer Product F AGMA N SAE a F ISO F J Lubricant Point Manufacturer Product ALMA• ISO STI .. 3 I F_�_ Ver 1.0 Jura 1900 01560—1 SECTION 01560 ENVIRONMENTAL PROTECTION AND SPECI.AL CONTROLS PART 1 -GENERAL 1.01 SUMMARY A. Section Addresses: I. 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: L 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) PART 3-EXECUTION ' 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. Installation of Backflow Prevention Devices August 1997 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 1 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. August 1997 Installation of Backflow Prevention Devices 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 groundeover,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 bum 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- 1. Completion of Work: 1. Upon completion of work,leave area to 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 Installation of Backflow Prevention Devices August 1997 1 01600-1 SECTION 01600 PRODUCT DELIVERY,STORAGE,AND HANDLING PART 1 -GENERAL 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. 1.02 DELIVERY ' A. Scheduling: L 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 constricted 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: 1 Installation of Backflow Prevention Devices August 1997 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 1 1 August 1997 Installation of Backflow Prevention Devices ' 01650—1 SECTION 01650 SYSTEM STARTUP ' PART 1 -GENERAL 1.01 SUMMARY 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. 1.02 DEFINITIONS 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 ' 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) ' Installation of Backflow Prevention Devices August 1997 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 t 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. 1 1 August 1997 Installation of Backflow Prevention Devices 1 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 1 1 1 Installation of Backflow Prevention Devices August 1997 DIVISION 2 SITE WORK 1 r r r r 02221— 1 SECTION 02221 TRENCHING_BACKFILLING.AND COMPACTING FOR UTILITIES PARTI-GENERAL 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: L 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. £ 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: Installation of Backflow Prevention Devices August 1997 02221—2 1. All excavation will be defined as unclassified. 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 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. I� August 1997 Installation of Backflow Prevention Devices 02221 3 PART 3-EXECUTION 3.01 GENERAL A. Remove and dispose of unsuitable materials as directed by Soils Engineer to site provided by Contractor. 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 sire. 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 t FT above top of 1pipe,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: I. Backfill and compact to 90 percent of maximum dry density per ASTM D698. 2. Backfill with granular bedding material as option. B. Rock Excavation: Installation of Backflow Prevention Devices August 1997 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: August 1997 Installation of Backflow Prevention Devices 02221 —5 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: MINIMUM COMPACTIONS LOCATION SOIL TYPE DENSITY 1. Carefully compacted backfill: All applicable areas Cohesive soils 95 percent of max dry density by ASTM D698 Cohesionless soils 75 percent of max relative density by ASTM D4253 and D4254 2. Common trench backfill: Under pavements Cohesive soils 95 percent of max dry density by roadways surfaces, ASTM D698 I within highway right-of-ways Cohesionless soils 70 percent of relative density by ASTM D4253 and D4254 Under turfed, Cohesive soils 90 percent of max dry density by sodded,plant ASTM D698 seeded,non-traffic areas 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. N 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. _ Installation of Backflow Prevention Devices August 1997 02221—6 8. Ensure excavations are safe for testing personnel. END OF SECTION w w i� �r August 1997 Installation of Backflow Prevention Devices 02660—1 SECTION 02660 WATER MAIN CONSTRUCTION PART 1 -GENERAL 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: I. 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 AW WA Standards. 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. LInstallation of Backflow Prevention Devices August 1997 02660-2 PART2-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. August 1997 Installation of Backflow Prevention Devices 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. Watermams 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. Fumish 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 Installation of Backflow Prevention Devices August 1997 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. August 1997 Installation of Backflow Prevention Devices 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 I M Installation of Backflow Prevention Devices August 1997 DIVISION 9 FINISHES r r r t r r r r r r 09905—1 SECTION 09905 PAINTING AND PROTECTIVE COATINGS PART 1 -GENERAL 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. 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 ofBuilding Materials. 3. National Association of Corrosion Engineers(MACE). 4. National Bureau of Standards(NBS): a. Certified Coating Thickness Calibration Standards. 5. National Fire Protection Association(NFPA): a. 101,Life Safety Code. Installation of Backflow Prevention Devices August 1997 09905-2 6. Steel Structures Painting Council(SSPC): l a. PA-2,Measurement of Dry Paint Thickness with Magnetic Gages. b. SPA,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 of NFPA 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. August 1997 Installation of Backflow Prevention Devices 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 battier 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. 1. 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. 1 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. Installation of Backflow Prevention Devices August 1997 09905-4 3. Contents,by volume,of major constituents. 4. Warning labels. 5. VOC content. PART2-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 August 1997 Installation of Backflow Prevention Devices 09905-5 PART 3-EXECUTION 3.01 ITEMS TO BE PAINTED A. Exposed Surfaces including: I. Piping,valves,fittings,hydrants,and appurtenances;except when covered by lagging. 3.02 SCHEDULE OF ITEMS TO BE PAINTED VERSUS PAINTING SYSTEMS Paintin�,,Svstem Number A.Ferrous Metal,all exposed piping l 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: I_ 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 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-I 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-SP10. b. Heat in excess of 200 DegF but less than 600 DegF: SSPC-SP6. Installation of Backflow Prevention Devices August 1997 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 govern. 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 comers,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. August 1997 Installation of Backflow Prevention Devices r09905-7 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. I 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 finish coats using same application method and same material specified for finish coat. Prepare damaged area in accordance with Article 3.04. w3.05 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 1 Installation of Backflow Prevention Devices August 1997 DIVISION 15 MECHANICAL i 1 1 1 1 t 1 1 1 1 15060—1 SECTION 15060 PIPE AND PIPE FITTINGS: BASIC REQUIREMENTS PART 1-GENERAL 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. B 16.3,Malleable Iron Threaded Fittings. b. B16.5,Pipe Flanges and Flanged Fittings. c. B16.9,Factory-'.Made Wrought Steel Butt-Welding Fittings_ d. 1116.22,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. ANSVAW WA CI f 0/A21.10,Ductile Iron and Gray Iron Fittings,3 IN through 48 IN for Water and Other Liquids. Instaltation of Backflow Prevention Devices August 1997 15060-2 b. ANSI/AWWA Cl 15/A21.15,Flanged Ductile Iron Pipe with Threaded t Flanges. c. C151,Ductile-Iron Pipe,Centrifugally Cast In Metal Molds or Sand-Lined Molds for Water or Other Liquids. d. ANSI/AWWA CI53/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. A126,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. Al 97,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. August 1997 Installation of Backflow Prevention Devices ' 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. D 1785,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. cc. 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.1`439,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. 1,492,Propylene and Polypropylene(PP)Plastic Lined Ferrous Metal Pipe and Fittings. 5. American Water Works Association(AWWA): a. B300,Standard for Hypochlorites. b. C I 1 1,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. Installation of Backflow Prevention Devices August 1997 15060-4 , f. C301,Prestressed Concrete Pressure Pipe,Steel Cylinder Type,for Water and Other Liquids. g. C606,Grooved and Shouldered Joints. It. 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 I 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 ofpiping 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. August 1997 Installation of Backflow Prevention Devices ' 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: Ltstallation of Backflow Prevention Devices August 1997 15060-6 1. See Drawings for valve types 4 IN and above. 2. See Section 15100. PART 3-EXECUTION 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: I. 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 ofjoints,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. August 1997 Installation of Backflow Prevention Devices 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 DcgP. 4. Pressure gages: Glycerin liquid tilled. 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[lush-mounted units with dial diameter as follows: PIPE SIZE DIAL SIZE 1-1/2 IN or less 2-1/2 IN Larger than 1-1/2IN 4-1/2 IN i 1 Installation of Backflow Prevention Devices An2nsl 1997 15060-8 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. 3.07 SCHEDULES Table C: SERVICE SYSTEM SUMMARY , Symbol Service System No. Construction Size(IN) Material Specified PW Potable Water 1 Exposed&buried 8-10 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. August 1997 Installation of Backflow Prevention Devices ' 15060-9 2) Pressure: 100 psig. 3) Duration: 2 HRS. c. Gaskets and 0-rings: 1) O-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 CI 15. 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 scrcwed-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 C1 10 ductile or gray iron. Optional ANSI C 153 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 Installation of Backflow Prevention Devices August 1997 i15062—1 SECTION 15062 PIPE: DUCTILE PART 1 -GENERAL 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 Flangcs. 2. American Society for Testing and Materials(ASTM): a. A183,Carbon Steel'hrack Bolts. b. A193,Alloy-Steel and Stainless Steel Bolting Materials for IIigh Temperature Service. c. A194,Carbon and Alloy Steel Nuts and Bolts Cor High Pressure and IIigh I'emperature Service. d_ A307,Standard Specification for Carbon Steel Bolts and Studs,60,000 psi Tensile Strength. e. B695,Standard Specification for Coatings of Linc Mechanically Deposited on Iron and Steel. I'. D1330.Rubber Sheet Gaskets. 3. American Water Works Association(AWWA): a. 0104,Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Water. b. C 105,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. CI 11.Gasket Joints for Cast Iron and Ductile Iron Pressure Pipe and Fittings. e. CI 15,Flanged Ductile Iron Pipe with Threaded Flanges. Installation of Backflow Prevention Devices AaLust 1997 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). August 1997 Installation of Backflow Prevention Devices ' 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)-41N 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 Pipc. I. AWWA C115. 2. AWWA 0150. 3. AWWA C151. 4. All pipe to be minimum Pressure Class 350. B. Fittings and Flanges: ' 1. AWWA(1110. 2. AWWA C115. 3. Flanges drilled and faced per ANSI B 16.1 for both 125. 3. Flanees drilled and faced per ANSI 1316.1 class 125 and 250 psi applications. 4. All fittings to be rated for minumum of 250 psi working pressure_ C. Nuts and Bolts: 1. Buried: Cadmium-plated meeting Military Specification QQP4161',Type 1, Class 2(Cor-Ten)for buried application. Exposed: Mechanical galvanized ASTM B695,Class 40. 2. Ileads and dimensions per ANSI B I.1. 3. Threaded per ANSI B 1.1. 4. Project ends 1/4 to 1/2 IN beyond nuts. D. Gaskets: 1. Flanged.push-on,and mechanical joint(ductile iron): Rubber AWWA. Installation of Back0ow Prevention Devices August 1997 15062-4 E. If mechanical coupling system is used,utilize pipe thickness and grade in accordance with AWWA C606. F. Polyethylene Encasement: See AWWA C105. 2.03 MANUFACTURED UNITS A. Couplings: L 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 Cl 11. 2. Assemble mechanical joints carefully according to manufacturer's recommendations. August 1997 Installation of Backflow Prevention Devices , 15062-5 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: 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 1l4 IN back. C. Joining Method-Flanged Joints: 1. Install in accordance with AWWA C 115. 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 hoping flange joints,exercise extreme care to ensure that there is no restraint on opposite end of pipe or fitting which would prevent uni fount 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 flexiblejoints 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. Installation of Backtlow Prevention Devices August 1997 15062-6 ' 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. 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. 1. 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 August 1997 Installation of Backflow Prevention Devices ' 15100-1 SECTION 15100 VALVES: BASIC REQUIREMENTS 1 PART 1 -GENERAL 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. 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,Valvcs-Flanged,Threaded and Welding End. 2. American Water Works Association(AWWA): a. CI]1,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. 0507,Ball Valves,6 IN through 48 IN(t50 MM through 1200 MM). f C509,Resilient-Scated Gate Valves 3 through 12 NPS,for Water and Sewage Systems. g. C540,Power-Actuating Devices for Valves and Sluice Cates. 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). Installation of Backllow Prevention Devices August 1997 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. PART2-PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Refer to individual valve specification sections. 2.02 MATERIALS 1 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. ' August 1997 Installation of Backflow Prevention Devices , 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: I. 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 teehandte 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 AW WA 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 frill 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 AW WA C500. 6. Gear actuators to be totally enclosed,permanently lubricated and with scaled bearings_ 7. Provide chain actuators for valves 6 PT or higher from finish floor to valve centerline. Installation of Backflow Prevention Devices August 1997 i 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. ' August 1997 Installation of Backflow Prevention Devices , 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. 11. Install valves accessible for operation,inspection,and maintenance- 3-02 aintenance_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 1N 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 15 103. END OF SECTION 1 Installation of Backflow Prevention Devices August 1997 15]01—1 SECTION 15101 GATE VALVES ' 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. Manufacturers Standardization Society of the Valve and Fittings Industry,Inc (MSS): a. SP-9,Spot Facing for Bronze,Iron and Steel Flanges. K 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. PART2-PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A_ Subject to compliance with the Contract Documents,the manufacturers listed under the specific valve types are acceptable. Installation of Backflow Prevention Devices August 1997 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,O-ring stem seal,2 IN operation nut. c. Exposed-NRS,O-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. ' August 1997 Installation of Backflow Prevention Devices ' 15101—3 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 1 1 1 1 t histallation of Backflow Prevention Devices August 1997 15114-1 SECTION 15114 MISCELLANEOUS VALVES PART 1 -GENERAL 1.01 SUMMARY A. Section Includes: 1. Air release and vacuum relief valves. 2. Automatic control valves: a. Pressure reducing valves. b. Solenoid control vatve_ 3. Backflow prevention devices. B. Related Sections include but arc not necessarily limited to: I. 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. C510,Double Check Valve Backflow Prevention Assembly. b. C512,Air-Release,Air/Vacuum,and Combination Air Valves for Waterworks Service. c. 0550,Protective Epoxy Interior Coatings for Valves and Hydrants. 4. University of Southern California PCCC&I IR Manual. 1.03 SUBMIT"IALS A. Shop Drawings: 1. See Section 15100. B_ Operation and Maintenance Manuals: 1. See Section 01340. Installation of Backflow Prevention Devices August 1997 15114-2 ' PART 2-PRODUCTS 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. ' 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 cfm at 10 psi differential at 150 psi line pressure. 2.03 BACKFLOW PREVENTION DEVICES A. Double-Check Backflow Prevention Devices: 1. Acceptable Manufacturers: a. Conbraco 40-10E-02,40-10G-02. b. Watts. c. Febco. ' 2. Materials: a. Body and cover: Epoxy coated(FDA approved)ductile iron. ' b. Springs: Stainless steel. c. Seats: Bronze. d. C.V.Disks: EPDM. e. Fasteners: Stainless steel. 3. Design requirements: ' a. Operating pressure: 1) Maximum 175 psi. b. Size: 8 IN and 10 IN. ' 1 August 1997 Installation of Backflow Prevention Devices ' 15114-3 2.04 ACCESSORIES A. Furnish any accessories required to provide a completely operable valve. 2.05 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 AW WA C550. 2.06 SOURCE QUALITY CONTROL A. Shop hydrostatically test to piping system test pressure. 2.07 MAIN ENANCE MATERIALS A. Provide one set of any special tools or wrenches required for operation or maintenance for each type valve. PART 3-EXECUTION 3.01 INSTALLATION A. General: 1. See Sections 11005 and 15100. B_ Air Release.Vacuum Relief Pressure Relief Valves,and Backflow Prevention Device: 1. Pipe exhaust to a suitable disposal point. 2_ Where exhausted to a trapped floor drain,terminate exhaust line 6 IN minimum above floor. 3.02 FIELD QUALITY CONTROL A. Clean,inspect,and operate valve to ensure all parts are operable and valve seats properly. B. Provide services of equipment manufacturers field service representative(s)to: 1. Inspect equipment covered by these Specificaions. 2. Supervise pre-start adjustments and installation checks. 3. Conduct initial startup of equipment and perform operational checks. 4. Provide a written statement that manufacturer's equipment has been installed properly,started up and is ready for operation by Owncr's personnel. 5. Instruct Ovvner's personnel at jobsitc on operation and maintenance. END OF SECTION Installation of Backflow Prevention Devices August 1997 RESOLUTION NO. R-97-12-I8401) WHEREAS, the City of Round Rock has duly advertised for bids for the installation of backflow prevention devices at the interconnects between the City's water distribution system and the Brushy Creek MUD water distribution system, and WHEREAS, Psencik Construction Company, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Psencik Construction Company, 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 Psencik Construction Company, Inc. for the installation of backflow prevention devices at the interconnects between the City's water distribution system and the Brushy Creek MUD water distribution system. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 18th day of Decemb , 1997. "LESCUL , Mayor A ST: City of Round Rock, Texas J NE LAND, City Secretary x:\weoocs\nesanuxx\xsnzieo.wen/scq 12/12/97 15:1.5 x$218 5563 PUBLIC WORR5 + CITY•HALL tj�008/009 September 26, 1997 r Steve Miller,P.F. Public Works Department City of Round Rock 2008 Enterprise Round Rock,Texas 78664 Re: Backflow Prevention Device Project Dear Mr.Miller: Enclosed is a bid tabulation for the project that involves installation of backflow prevention devices at the interconnects between the City of Round Rock water distribution system and the Brushy Creek MUD water distribution system. Bids for the projects were received on September 16, 1997, Eight bids were received. The low bid of $106.600 was submitted by Psencik Construction Company. Inc. The bids were competitive, as the five lowest bids ranged from $106,000 to 5122,600. Our final estimate of construction cost prior to opening of bids indicated a construction cost in the range of$90,000 to $110,000. Psencik Construction Company,Inc.has successfully completed utility projects of various size and complexity including projects for HDR. They appear to have the resources required for this project, Based on the experience of Psencik Construction Company and the number and competitiveness of the bids received,we recommend award of contract to Psencik Construction Company,Inc. Should you have questions or need additional information regarding this matter,please so advise me. We appreciate having the opportunity to provide services to the City of Round Rock on this project. Sincerely, HDR Engineering 41,11- 4.llldit_'� James R.Glaser,P.E. Enclosures wi.�1�'35a3*Mmrr'1'.e,aee 2211 South IH 35 Telephone HDR Engineering,Inc. Sulte 900 512 912.5100 Forum Park PBx Austin,Texas 512 4425069 Employee-owned 76741 .,ran raeo•n.i .-err ar- -. rn„•.n�•.•a�,i� ung., nn i. i c.rar.�, DEC-12-1997 15:21 219 5563 99% P.68 CI I Y Of,ZOUND ROCK D; I C011 ll"C.T CHANCE ORDER NO C ..... 0" CIt2_0 Round lbnl,Z"I'll Nf.l.SliCo_",d R.cA Tc. 'N6�4 Ll P.U.I Cvn t' '.Drscrlpnnn n(Chvn Dec Ins fl pip:,, 1nqld 14'1 dto'auks to"ffi' d—,dd—m 1—m-,E.and JUSTHICAlION S,,nb ":r Inercue or dJ:Chan;:Orden 'et increase of this enmgc U'd- 5 171 0"I"W",d— --------------------------------------------— Im;,,o-Ndmp,:Lia Cl 0111-: It k'd C"'t—t T,md,,d h+,!„0;�0, Ll'tll.' .1:19.1 Mll.d�in this CUT18.O�LI" with the ,ii3Oxi, �,d...dim,of the C ,I—pud f.r Pcik LTD.by! Unsc f.r A,111.11.1 f.,IIUR F.ah,UtQ.Inc.byDale 114".,d f..'the City of n-k by: D nKl7 "I T J r/(-AT irT DATE: December 12,1997 SUBJECT: City Council Meeting-December 18,1997 ITEM: 10.D. Consider a resolution authorizing the Mayor to execute an agreement for the installation of backflow prevention devices. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Attached is the Engineers recommendation of award of a construction contract for the installation of backflow devices and to execute Change Order No. 1, at various water interconnects. The low bidder, Psencik Construction Co. has previous work history with the City and City Staff agrees with this award recommendation.