1985-2170923L
NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore, and
WHEREAS, Section 2 36 (f) of
that the City Council approve
$10,000, and
the Code of Ordinances requires
all expenditures of more than
WHEREAS, Section 2 09 of the City Charter requires that
every act of the Council providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids
BID NUMBER CONTRACTOR AMOUNT
9512 W F Harrison Construction Co 49,500 00
9531 Participation-Greenway Plaza 11,786 00
SECTION II
That the acceptance and approval of the above competitive
bids shall not constitute a contract between the City and the
person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person
shall comply with all requirements specified in the Notice to
Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification
of the award of the bid
SECTION III
That the City Manager is hereby authorzied to execute all
necessary written contracts for the performance of the
construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards,
quantities and specified sums contained therein
PAGE ONE
SECTION IV
That upon acceptance and approval of
bids and the execution of contracts for
improvements as authorized herein, the
authorizes the expenditure of funds in
amount as specified in such approved
contracts executed pursuant thereto
SECTION V
the above competitive
the public works and
City Council hereby
the manner and in the
bids and authorized
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the 5th day of November, 1985
I
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ATTEST
ARLO LLEN, CI E ARY
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APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ~AW
PAGE TWO
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Novemuer S, 1985
CITY COUNCIL AGENDA I1EM
70 MAYOR AND MFAbbRS Ob THE CITY COUNCIL
FROM Rick bvehla, Acting City Manager
SUBJECT
Consider Bid Opening, Bid #9512, for Firm Backwash Water
Capability at the Water Plant
RhCOMMENDATION
The Public Utilities Board, at their meeting of October 16,
1985, and the Freese $ Nichols Inc , Engineers recommend
approval of the lowest bid of the W F Harrison Construction
in the amount of $49,500
SUMMARY
The bids were opened Uctober 8, 1985, and the results are as
follows
W F Harrison Construction, Arlington, Tx $49,500
Twin C Inc , Dallas, Tx 57,300
Duopro Construction, Carrollton, Tx 58,987
Onyx Construction, Ft Worth, Tx $61,349
Red River Construction, Addition, Tx $65,000
Freese 6 Nichols Inc , Engineers, have checked the references
and the bonding company of the lowest bidder, W F Harrison
Construction, and per their recommendation, the Utility
Department staff recommends approval of the lowest bidder in
the amount of $49,500
BACKGROUND
This is an approved FY 85 CIP project This project is to
supplement the existing single source of filter backwash
system This auxiliary system will avoid plant shutdown in
case of existing backwash system failure The existing
backwash system is 30 years old and on several occasions
required timely repairs which came close to shutting the
entire plant down
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
City of Denton Municipal Utilities, Freese $ Nichols Inc , The
Contractor and water customers
3979U 1
FISCAL IMPACT
FY 85- CIP Budget - (estimated) $70,000
Recommended Award $49,500
(W F Harrison Construction)
Source of Funds Water Bonds
623-008-0460-9101-7935
Prepared by
Srini Sundaramoorthy
Civil Engineer
Approved by
so
Director of Utilities
Respectfully submitted,
Rick svehla
Acting City Manager
EXHIBIT I F$N Letter of Recommendation
Bid Summary
Minutes PUB Meeting of 10/16/85
39790 2
EXCERPT FRUM
MINUTES
PUBLIC UTILITIES BOARD MEETING
October 16, 1985
BIDS
Bid #9512, Firm Backwash Water Capability at the water
plant Ham explained the theory and vital function of the
backwash capability to the Board, and provided supplemental
information compiled by Freese & Nichols, Inc , Engineers
The Freese & Nichols study established the the W F
Harrison Construction Company as the recommended bidder in
the amount of $49,500 Ham stated that staff had budgeted
$70,000 for this item and they felt very comfortable
recommending this bid
Thompson made a motion to approve this bid for
recommendation to the City Council Second by Boyd All
ayes, no nays, motion carried
DATE November 5, 1985
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Rick Svehla, Acting City Manager
SUBJECT BID #9531 GREENWAY PLAZA WATERLINE PARTICIPATION
RECOMMENDATION We recommend that the City of Denton Participation Greenway
Plaza Waterline in the amount of $11,786 00, which is the low
evaluated difference for the oversize construction/
installation
SUMMARY This bid is for the participation of the City of Denton Utilities
with the developer to install the oversize waterline We have
talked and met with Burke Engineering The bid was sent out,
advertised and received by the City of Denton as per policy
BACKGROUND Tabulation Sheet & Evaluation
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED
Utilities - Water & Sewer Department
FISCAL IMPACT There is no impact on the General Fund
Respectfully submitted
Rick Svehla
Acting City Manager
Prepared by
e oln J Marshall, C P-M
tle Purchasing Agent
Approved
e ohn J Marshall, C M
tle Purchasing AGent
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November 5, 1985
CITY COUNCIL AGENDA ITEM
TO MAYOR AND MEMBERS OF THE CITY COUNCIL
FRUM Rick Svehla, Acting City Manager
SUBJECT
Consider Bid Opening, Bid #9531, GREENWAY PLAZA WATERLINE
Oversize Participation Tony Raposa Realtors
RECOMMENDATION
The Public Utilities Board, at their meeting of October 16,
1985, recommended to the City Council approval of the lowest
difference of $11,786 from B$F Construction as the City's
share in this oversize participation
SUMMARY
The bids were opened October 3, 1985,
and the
results are
as
follows
B&F Cons Allen,
Tx
$53,029
00
$41,243
00
$11,786
00
Dickerson Cont
Celina,
Tx
68,330
00
56,415
50
11,914
SO
Calvert Paving,
Denton TX
74,386
70
58,382
70
16,004
00
Joe Benson Con
Denton Tx
66,838
00
39,822
00
27,016
00
BACKGROUND
The City Council had approved this oversize Agreement at its
meeting of February 19, 1985
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
City of Denton Municipal Utilities,
Contractor and the Citizens
City Engineer, Developer,
3979U 10
rISCAL SUMMARY
Estimated Cost (1900
LF)
$6,650
00
Actual Cost based on
Bids (2033 LF)
$11,786
00
Source of funds Water Bonds 623-008-0461-9138
It should be noted that the estimated quantity (scaled from
preliminary plat) is considerable lower than the actual bid
quantity
Prepared by
Srini Sundaramoorthy
Civil Engineer
Respectfully submitted,
Rick Sveftla
Acting City Manager
Approved zzz:~
R elson
Director of Utilities
EXHIBIT I Bid Tabulation
II Location Map
III Minutes PUB Meeting of 10/16/85
3979U 11
EXLERPT FROM
MINUTES
PUBLIC UTILITIES BOARD MEETING
October 16, 1985
7 CONSIDER BID OPENING, B
Nelson pointed out that the City Council has already
previously acted on this item by their approval of the
oversize agreement
Boyd made a motion to approve the lowest difference of
$11,786 from B $ F Construction as the City's share in the
Greenway Plaza waterline oversize participation Second by
Thompson All ayes, no nays, motion carried
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200
MEMORANDUM
TO CHARLOTTE ALLEN, CITY SECRETARY
FROM Gay Racina, Sr Secretary
DATE November 21, 1985
RE Contracts- Auxiliary Backwash Connection
Please find 7 copies of the above-referenced contract
with W F Harrison Construction Co , approved under
Ordinance 8S-217, Bid #9512, amount of $49,S00, by the
Denton City Council on November 5, 1985
Please have the Acting City Manager execute the contracts
retaining one copy for the official City records, and
returning the remaining six for distribution from this
office
Thank you for your help in this matter
4 e4w, ~
Gay Racin r Secretary
cc R E Nelson, Director of Utilities
C David Ham, Asst Dir of Wtr/WW Utilities
Srini- Civil Engineer, Water Administration
CITY OF DENTON,TEXAS
PLANS, SPECIFICATIONS AND- CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF THE
AUXILIARY BACKWASH CONNECTION
PROJECT CIP85-WP-7
CONTRACT # 9512
AUGUST 1985
UTILITY BOARD
ROLAND LANEY, CHAIRMAN
EDWARD COOMES
LEONARD HERRING, JR
NANCY BOYD
JOHN THOMPSON
MAYOR
RICHARD O STEWART
CITY COUNCIL
LINNIE McADAMS
MARK CHEW
JIM RIDDLESPERGER
CHARLES HOPKINS
RAY STEPHENS
JOE ALFORD
CITY MANAGER
CHRIS HARTUNG
DIRECTOR OF UTILITIES
RE NELSON, P E
ASSISTANT DIRECTOR OF UTILITIES
C DAVID HAM, P E
FREESE AND NICHOLS, INC
CONSULTING ENGINEERS
FORT WORTH TEXAS
TABLE OF CONTENTS
Page
BIDDING REQUIREMENTS
Invitation for Bids
A-1
Instructions to Bidders
B-1
Bid (Proposal)
C-1
CONTRACT AGREEMENTS AND FORMS
Contract Agreement
1
Performance Bond
3
Payment Bond
5
Table of Contents - General Conditions
TC-1
General Conditions
GC-1
Supplementary Conditions
SC-1
Certificate of Insurance
CI-1
SPECIFICATIONS
Section
General Construction Requirements
01001
Cast-In-Place Concrete
03305
Miscellaneous Metals
05710
Plant Painting
09905
General Equipment Stipulations
11000
Cast Iron Pipe and Fittings
15062
Miscellaneous Piping and Fittings
15078
Disinfection
15079
Slanting Disc Check Valve
15112
Air Release Valves
15117
Pressure Reducing Valves
15121
Eccentric (Plug) Valves
15132
PLANS
Sheet 1 - Auxiliary Backwash Connection
INVITATION FOR BIDS
Sealed proposals addressed to Mr John J Marshall, Purchasing Agent of the
City of Denton will be received at the office of the Purchasing Agent at
the City of Denton Service Center/Warehouse at 901-B Texas Street, until
2 00 P M , October 8, 1985 for the construction of the following item
Water Treatment Plant Improvements
Auxiliary Backwash Connection
Project Number CIP85-WP-7
Contract Number 9512
At this time and place the proposals will be publicly opened and read
aloud Any bid received after closing time will be returned unopened
Contract Documents, including Plans and Specifications, are on file and may
be examined without charge in the office of the Purchasing Agent, 901-B
Texas Street, the office of the Director of Utilities, Municipal Building,
Denton, Texas, and the offices of Freese and Nichols, Inc , Consulting
Engineers, 811 Lamar Street, Fort Worth, Texas 76102, Telephone (817)
336-7161 Contract documents, including plans and specifications may be
procured from Freese and Nichols, Inc , at the above address as follows
Cost $15 00 per set Non-Refundable
A cashier's check, certified check or acceptable bidder's bond, payable to
the City of Denton, Texas in an amount not less than five (5q) percent of
the bid submitted, must accompany each bid as a quarantee that, if awarded
the contract, the Bidder will, within fifteen (15) days after receipt of
Notice of Award, enter into a contract and execute bonds on the forms pro-
vided in the Contract Documents
Attention is called to the fact that not less than the prevailing wage
rates, as established by the City of Denton, Texas and hereinafter set
forth in the Contract Documents hereinbefore described and which are made a
part hereof, must be paid on this project
Performance and Payment Bonds will be required
In case of ambiguity or lack of clearness in stating proposal prices, the
City of Denton, Texas reserves the right to adopt the most advantageous
construction thereof, or to reject any or all bids, and waive formalities
No bid may be withdrawn within thirty (30) days after date on which bids
are opened
CITY OF DENTON, TEXAS
John Marshall,
Purchasing Agent
A-1
INSTRUCTIONS TO BIDDERS
1 Defined Terms Terms used in these Instructions to Bidders which are
define t~ nn Fie general Conditions of the Agreement have the meanings
assigned to them in the General Conditions
2 Qualification of Bidders To demonstrate his qualifications for the
Project, each i er mus a prepared to submit within five (5) days of
Owner's request written data as to the Bidder's Qualifications such as
financial data, previous experience, list of available equipment, and
evidence of authority to conduct business in the jurisdiction where the
project is located
3 Examination of Contract Documents and Site
3 1 Before submitting his Bid, each Bidder must (a) examina the
Contract Documents thoroughly, (b) visit the site to familiarize
himself with local conditions that may in any manner affect
performance of the work, (c) familiarize himself with federal,
state and local laws, ordinances, rules and regulations affecting
performance of the work, and (d) carefully correlate his
observations with the requirements of the Contract Documents
3 2 The submission of a Bid will constitute an incontrovertible
representation by the Bidder that he has complied with every
requirement of this Article 3
4 Interpretations All questions about the meaning or intent of the
Contrac ocu nEs
shall be submitted to Engineer to writing Replies will
be issued by Addenda mailed or delivered to all parties recorded by
Engineer as having received the bidding documents Questions received less
than two 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
5 Bid Security Each bid must be accompanied by a certified or
cashier sTcii ck or an approved Bidder's Bond underwritten by a surety named
in the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Federal Register by the Audit Staff Bureau of Accounts,
U S Treasury Department, for the sum of five (5%) percent of the amount
of the maximum total bid as a guarantee that, if awarded the contract, the
Bidder will promptly enter into a Contract and execute a Performance and
Payment Bond on the forms included in the Contract Documents Certified or
cashier's check shall be made payable to the City of Denton
6 Contract Time The number of days for the completion of work (the
Contrac tme s all be inserted by the Bidder to the space provided in the
Bid (Proposal) and will be included in the executed Agreement Provisions
for liquidated damages are set forth in the Supplementary Conditions
B-1
7 Bid Form (Proposal)
7 1 Bidders shall use the Bid (Proposal) forms included in the
documents for each contract Bid Bid (Proposal) forms are to be
left attached to documents in same manner as received by Bidders
Supplemental data to be furnished shall be included in same
sealed envelope with Proposal
7 2 Bid (Proposal) Forms must be completed in ink The Bid price of
each item on the form must be stated in words, if specifically
requested, and/or numerals, in case of a conflict, words will
take precedence
7 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 shall be affixed and attested by the secretary or an
assistant secretary The corporate address and state of
incorporation shall be shown below the signature
7 4 Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature
and the official address of the partnership must be shown below
the signature
7 5 All names must be printed below the signature
7 6 The Bid shall contain an acknowledgment of receipt of all Addenda
(the numbers of which shall be filled in on the Bid Form)
8, Submission of Bids Bids shall be submitted at the time and place
indicated in the invitation for Bids and shall be included in an opaque
sealed envelope, marked with the Project title and name and address of the
Bidder and accompanied by the Bid Security and other required documents
9 Modification and Withdrawal of Bids Bids may be modified or
withdrawn by an appropriate ocumen u y 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 Bids may not be
withdrawn after opening of Bids for the period set forth in the Invitation
for Bids
10 Openiin of Bids Bids will bp opened as indicated in the Invitation
for Bi8s Rids received after such time will not be considered, and will
be returned unopened
11 Bids to Remain Open All Bids shall remain open for the period of
time set fort i-F h invitation for Bids, but Owner may, in his sole
discretion, release any Bid and return the Bid Security prior to that date
B-2
12
Award of Contract
12 1 Owner reserves the right to reject any and all Bids and waive any
and all formalities, and the right to disregard all nonconforming
or conditional Bids or counter proposals
12 2 In evaluating Bids, Owner will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed
requirements, and alternates and unit prices if requested in the
Bid forms He may consider the qualifications and experience of
Subcontractors and other persons and organizations (including
those who are to furnish the principal items of material or
equipment) proposed for those portions of the work as to which
the identity of Subcontractors and other persons and organiza-
tions must be submitted as specified in the Supplementary Con-
ditions or Specifications He may conduct such investigations as
he deems necessary to establish the responsibility, qualifi-
cations and financial ability of the Bidders, proposed Subcon-
tractors and other persons and organizations to do the work
in accordance with the Contract Documents to Owner's satisfaction
within the prescribed time Owner reserves the right to reject
the Bid of any Bidder who does not meet any such evaluation to
Owner's satisfaction
12 3 If a contract is to be awarded, it will be awarded to the lowest
responsible Bidder whose evaluation by Owner indicates to the
Owner that the award will be in the best interests of the
Project
12 4 It is expected that the Owner's evaluation of bids and award of
contract will be made as set forth in the Invitation for Bids
The successful bidder will be notified by a Notice of Award which
may be a letter or telegram Time of completion is very
important and failure to meet completion schedule will subject
the Contractor to liquidated damages as provided in the
Supplementary Conditions section of the Contract
13
Execution of Contract
13 1 The accepted Bidder, within fifteen (15) days after formal notice
of award, shall execute the formal Contract Agreement and
required Bonds on the forms prepared and submitted by the Owner
13 2 The Owner will issue a Notice to Proceed authorizing the
Contractor to commence work
14 Wage There shall be paid on the project not less than the
generaaT-p-rev-FTing rates of wages in the locality of the project, which
prevailing wage rates have been determined by the Owner in accordance with
statutory requirements There is included in the Supplementary Conditions
a schedule giving, for various classifications, the minimum rates as have
been established by the Owner
B-3
15 Sales Taxes The Owner qualifies as an exempt agency pursuant to the
provisions oT--Ar-ticle 20 04 (F) of the Texas Limited Sales, Fxcise and Use
Tax Act, and is not subject to any State or City sales taxes
The Contractor performing this contract may purchase, rent or lease all
materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the
tax, said exemption certificate complying with the State Comptroller's
ruling #95-0 07 Any such exemption certificate issued by the Contractor
in lieu of the tax shall be subject to the provisions of the State
Comptroller's ruling #95-0 09 as amended to be effective October 2, 1968
16 Performance and Payment Bonds Performance and Payment Bonds are
require or ThT s pro ec an snail be provided in accordance with Article
5 of the General Conditions
END OF INSTRUCTIONS TO BIDDERS
B-4
BID
PROPOSAL
Texas
October 8 , 19 85
PROPOSAL OF W F Harrison Construction Company, Inc ,
A Corporation organized and existing under the laws of the State of Texas ,
a partnership consisting of
the business name of an individual
TO City of Denton, Texas
PROPOSAL FOR Water Treatment Plant Improvements
Auxilliary Backwash Connection
The undersigned Bidder, pursuant to the foregoing Invitation for Bids, has
carefully examined the Instructions to Bidders, this Proposal, the
Supplemental Conditions, the form of Contract Agreement and Bonds, the
General Conditions of the Agreement, the Specifications, the Plans, and
also the site of the work, and will provide all necessary labor,
superintendence, machinery, equipment, tools, materials, services and other
facilities to complete fully all the work as provided in the Contract
Documents, and binds himself upon formal acceptance of his Proposal to
execute a contract and bonds, according to the prescribed forms, for the
following prices to-wit
Item Description
No
1 Construction of the Auxiliary
Backwash Connection, complete
as shown on the Plans and as
specified herein, the lump sum
of Forty-Nine Thousand Five
Hundred and
Unit Extended
Price Amount
00/100----------------- Dollars
L S $49,500 00
Within fifteen (15) days after formal acceptance of this Proposal by a
Notice of Award of contract, the undersigned will execute the Contract
C-1
Agreement and will furnish approved surety bonds and such other bonds as
required by the Contract Documents for the faithful performance of the
Contract In the event the Contract Agreement and bonds are not executed
within the time above set forth, the attached bid security in the amount
of
5% of the greatest amount bid
is to become the property of the Owner as liquidated damages for the delay
and additional work caused thereby
The undersigned agrees to substantially complete all work covered by these
Contract Documents within 180 consecutive calendar days from the day
established for the start -oTThe work as set forth in a written Notice to
Proceed to be issued by the Owner or by the Engineer for the Owner Except
by mutual agreement of the Owner and the Contractor, the date established
for the start of work will be not less than ten (10) days or not more than
thirty (30) days after the date of the Contract Agreement
Receipt is acknowledged of the following addenda
Addendum No 1
Addendum No 2
Addendum No 3
Addendum No 4
Addendum No 5
Respectfully submitted,
Attested By
By
(Print Name an e
secretary
P 0 Box 1711
Arlington TX 76003
ress
(SEAL) If Bidder is a Corporation
NOTE Do not detach bid forms from other papers Fill in with ink and
submit complete with attached papers
C-2
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON j
THIS AGREEMENT, made and entered into this 17~day of
A D , 19_S by and between
of the County of Denton
The City of Denton
and State of Texas, acting through its
City Manager thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and W F
Harrison Construction Company, Inc
of the City of Arlington , County of Tarrant
and State of Texas , Party of the Second Part, hereinafter
termed CONTRACTOR
WITNESSETH That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence
and complete the construction of certain improvements described as follows
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement, and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
ment„ tools, superintendence, 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 hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
10-15-71
'78
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, which includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by FREESE AND
NICHOLS, INC , herein entitled the ENGINEER, each of which has been identi-
fied by the CONTRACTOR and the ENGINEER, all of which are made a part
hereof and collectively evidence and constitute the entire contract
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-
vided by the General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this Con-
tract, 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
ATTEST
City of Dpaton, Texas
Party o he F rst Dart DJN-Ek-
By
Rick Svehla, P E
Acting City Manager
(SEAL)
ATTE T
00, Ak~A I( i I A h
W F
Party o
By
(SEAL)
10/22/73
ConstrictiCon Company, Inc
'78
PERFORMANCE BOND
STATE OF TEXAS O
COUNTY OF Denton j
KNOW ALL MEN BY THESE PRESENTS That W H Harrison Construction
Company,
Inc
, of the City of
Arlington
of
nt
C
Tarrant
, and State of
Texas ,
ou
y
as PRINCIPAL, and American States Insurance Company
. as SURETY,
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 Denton,
Texas as OWNER, in the penal sum of Forty-Nine
Thousand Five Hundred Dollars 49,500 00 )
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents
WHEREAS, the Princip 1 has entered into a certain written contract
with the OWNER, dated the />M day of _ m t 19~L5 , for the con-
struction of
City of Denton, Texas
Auxiliary Backwash Connection (Bid Number 9512)
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein
NOW, THEREFORE, the condition 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 cove-
nants, conditions and agreements in and by said contract agreed and cove-
nanted by the Principal to be observed and performed, and according to the
true intent and meaning of said Contract and the Plans and Specifications
hereto annexed, then this obligation shall be void otherwise to remain
in full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
3
10-15-71
'78
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in _Qenton County, State of Texas
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, alter-
ation or addition to the terms of the contract, or to the work to be per-
formed thereunder
IN WITNESS WHEREOF, th said Principal and Surety have signed and
sealed this instrument this day of 19_'V~5'
Inc American States Insurance Company
By 7444 LL~
Title President Title AkAmvtAet ~ Robert Cobb
Address P 0 Box 171145 Address
BB INSURANOEAGENCY
Arlington, Texas 76003 1101 SUNDIAL DRIVE
214/231-8384
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is
Robert Cobb CO88 INSURANCE AGENCY
unM a N9111 BR1Ti-
RICHARDSON TEXAS 75081
NOTE Date of Bond must not be prior to date of Contract
4
10-15-71
070
GENERAL POWER OF ATTORNEY
American States Insurance Company
INDIANAPOLIS, INDIANA
KNOW ALL MEN BY THESE PRESENTS that American States Insurance Company a Corporation duly organized and existing under the
laws of the State of Indiana and having its principal office In the City of Indianapolis Indiana hash made constituted and appointed and does by
these presents make constitute and
of Rinha>-dann and State of TPXfiB
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 any and all bonds recognizances contracts of indemnity and other conditional or obligatory undertakings
provided, however, that the venal sum of any one such instrument executed hereunder
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the common seal of
the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s) in Fact may do in the premises This
Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7 07 of the By Laws of the American States
insurance Company which reads as follows
The Chairman of the Board the President or any Vice President shall have power by and with the concurrence with the
Secretary or any Assistant Secretary of the Corporation to appoint Resident Vice Presidents Resident Assistant Secretaries
and Attorneys in Fact as the business of the Corporation may require or to authorize any one of such persons to execute on
behalf of the Corporation any bonds recognlzances stipulations and undertakings whether by way of surety or otherwise
IN WITNESS WHEREOF American States Insurance Company has caused these presents to be signed by its Vice President attested by its
Assistant Secretary and its corporate seal to be hereto affixed this 19th day of February
AD 19 81
(SEAL)
ATTEST 'r'
Aaastant Secretary
STATE OF INDIANA SS
COUNTY OF MARION
AMERIC ///gy/~~ES INSURANCE COMPANY
J~
By ---f,C-i?"7
Assistani vice I'mident
On this 19th day of Febraryt A D 1981 before me personally came
Alanson T Abel tome known who
being by me duly sworn acknowledged the execution of the above instrument and did depose and say that he is a Vice President of American
States Insurance Company that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was
so affixed by authority of the Board of Directors of said Corporation and that he signed his name thereto under like authority And said
Alansnn T. Abel further said that he is acquainted with Thomas M Ober and knows him to be the
Assistant Secretary of said Corporation and that he executed the above instrument
MY COMMISSION EMPIRES
f ^b i, 14 1944
My commission Expires Note Pudic
STATE OF INDIANA SS
COUNTY OF MARION
Thomas M. Ober the Assistant Secretary of AMERICAN STATES INSURANCE COMPANY do hereby certify that
, and foregoing is a true and correct copy of a Power of Attorney executed by said AMERICAN STATES INSURANCE COMPANY which
full force and effect
Certificate mey be signed and sealed by facsimile under and by the authority of Section 8 03 of the By Laws of AMERICAN STATES
VCE COMPANY which reads as follows
All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the
president or a vice president and the secretary or an assistant secretary whose signatures if the Instrument is duly
countersigned by an authorized representative of the Corporation may be facsimiles Such signatures and facsimiles thereof
shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such
officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation
In witness whereof I have hereunto set my hand and affixed the seal of said Corporation this dayof
( DSEAL) / 19 / /Z W,
(
Form 9 1459 (8 80) Assistant Secretary
P~?
_y
C)
N
W
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS That W F Harrison Construction
Company, Inc , of the City of Arlington ,
County of Tarrant , and State of Texas
as PRINCIPAL, and American States Insurance Company
, as SURETY, authorized under the laws of the State of
exas to ac as surety on bonds for principals, are held and firmly bound
unto the City of Denton T xas
as OWNER, in the penal sum of Forty-Nine Thousand Five Hundred
Dollars for the payment whereof,
the said Principal an Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents
WHEREAS, the Princi 1 has entered into a certain written contract
with the Owner, dated the day of-A&y-1,_, 19_F6 , for the construction
of City of Denton, Texas
Auxiliary Backwash Connection
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimants supplying labor and material
to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void, otherwise to remain in
full force and effect,
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Denton County, State of Texas
5
10-15-71
'7B
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, ft said Principal and Surety have signed and
sealed this instrument this .4eLIL day of !LI moo: , 196
W F Harrison
Construction C
Title President
Address P 0 Box 171145
Arlington, Texas 76003
American States Insurance Company
Surety
Title -'7 Tove~~~~
AAA-- Robert Cobb
COBB INSURANCE AGENCY
1101 SUNOW now,
RICHARDSON TEXAS 75081
214/231-83sq
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is
Robert Cobb COBB INSURANCE AGENCY
1101 AL DRIVE
RICHARDSON TEXAS 7501
214/231-8364
Note Date of Bond must not be prior to date of Contract
10-15-71
01n
GENERAL CONDITIONS
TABLE OF CONTENTS
Article
1
- DEFINITIONS
GC-1
Article
2
- PRELIMINARY MATTERS
GC-3
2
1 -
Execution of Aqreement
GC-4
2
2 -
Delivery of Bonds
GC-4
2
3 -
Copies of Documents
GC-4
2
4 -
Contractor's Pre-start Representations
GC-4
2
5 -
Commencement of Contract Time, Notice to Proceed
GC-4
2
6 -
Starting the Project
GC-4
2
7 -
Before Starting Construction
GC-5
Article
3
- CORRELATION, INTERPRETATION AND INTENT OF
CONTRACT DOCUMENTS
GC-5
Article
4
- AVAILABILITY OF LANDS PHYSICAL CONDITIONS
REFERENCE POINTS
GC-6
4
1 -
Availability of Lands
GC-6
4
2 -
Physical Conditions - Surveys and Reports
GC-6
4
3 -
Unforseen Physical Conditions
GC-6
4
4 -
Reference Points
GC-6
Article
5
- BONDS AND INSURANCE
GC-7
5
1 -
5 2 - Performance, Payment and Other Bonds
GC-7
5
3 -
Contractor's Insurance Requirements
GC-7
5
4 -
Additional Bonds and Insurance
GC-8
Article
6
- CONTRACTOR'S RESPONSIBILITIES
GC-8
6
1 -
6 2 - Supervision and Superintendence
GC-8
6
3 -
6 6 - Labor, Materials and Equipment
GC-9
6
7 -
Substitute Materials or Equipment
GC-9
6
8 -
6 11 - Concerning Sub-contractors
GC-10
6
12
- 6 13 - Patent Fees and Royalties
GC-10
6
14
- Laws and Regulations
GC-11
6
15
- Taxes
GC-11
6
16
- 6 17 - Use of Premises
GC-11
6
18
- Record Drawings
GC-11
6
19
- Safety and Protection
GC-12
6
20
- Emergencies
GC-12
6-
21
- 6 26 - Shop Drawings and Samples
GC-13
6
27
- Cleaning
GC-14
6
28
- 6 29 - Indemnification
GC-14
Article
7
- WORK BY OTHERS
GC-15
Article
8
- OWNER'S RESPONSIBILITIES
GC-15
Article
9
- ENGINEER'S STATUS DURING CONSTRUCTION
GC-16
9
1 -
Owner's Representative
GC-16
9
2 -
Visits to Site
GC-16
9
3 -
Clarifications and Interpretations
GC-16
9
4 -
Rejecting Defective Work
GC-17
9
5 -
9 7 - Shop Drawings, Change Orders and Payments
GC-17
TC -1
9
8 -
Resident Project Representatives
GC-17
9
9 -
9 10 - Decisions on Disagreements
GC-17
9
11
- 9 13 - Limitations on Engineer's Responsibilities
GC-18
Article
10
- CHANGES IN THE WORK
GC-19
Article
11
- CHANGE OF CONTRACT PRICE
GC-19
Article
12
- CHANGE OF CONTRACT TIME
GC-20
Article
13
- WARRANTY AND GUARANTEE TESTS AND INSPECTIONS
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
GC-21
13
1
- Warranty and Guarantee
GC-21
13
2
- 13 4 - Tests and Inspections
GC-21
13
5
- Access to Work
GC-22
13
6
- 13 7 - Uncovering Work
GC-22
13
8 -
Owner May Stop Work
GC-23
13
9
- Correction or Removal of Defective Work
GC-23
13
10
- One Year Correction Period
GC-23
13
11
- Acceptance of Defective Work
GC-24
13
12
- Neglected Work by Contractor
GC-24
Article
14
- PAYMENTS AND COMPLETION
GC-24
14
1
- Schedules
GC-24
14
2
- Application for Progress Payments
GC-24
14
3
- Contractor's Warranty of Title
GC-25
14
4
- 14 6 - Approval of Payments
GC-25
14
7
- 14 8 - Substantial Completion
GC-26
14
9
- Partial Utilization
GC-27
14
10
- Final Inspection
GC-28
14
11
- Final Application for Payment
GC-28
14
12
- 14 13 - Approval of Final Payment
GC-28
14
14
- Contractor's Continuing Obligation
GC-29
14
15
- Waiver of Claims
GC-29
Article
15
- SUSPENSION OF WORK AND TERMINATION
GC-30
15
1 -
Owner May Suspend Work
GC-30
15
2 -
15 4 - Owner May Terminate
GC-30
15
5 -
Contractor May Stop Work or Terminate
GC-31
Article
16
- ARBITRATION
GC-31
Article
17
- MISCELLANEOUS
GC-32
17
1 -
Giving Notice
GC-32
17
2 -
Computation of Time
GC-32
17
3 -
17 5 - General
GC-32
TC-2
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Wherever used in these General Conditions or in the other Contract
Documents, the following terms have the meanings indicated which are
applicable to both the singular and plural thereof
Addendum (Addenda) - A supplement to the Contract Documents issued in
writing prior to the receipt of bids
Agreement - The written Agreement between OWNER and CONTRACTOR covering
the Work to be performed
Application for Payment - The form furnished by ENGINEER which is to
be us 3d by CONTRACTOR in requesting progress payments and which is to
incline the schedule of values required by paragraph 14 1 and an af-
fidavit of CONTRACTOR that progress payments theretofore received on
account of the Work have been applied by CONTRACTOR to discharge in
full all of CONTRACTOR's obligations reflected in prior Applications
for Payment and that all materials and work included in the application
for payment conform to the requirements of the Contract Documents
Bid - The offer or proposal of the Bidder submitted on the prescribed
form setting forth the prices for the Work to be performed
Bidder - Any person, firm or corporation submitting a Bid for the Work
Bonds - Bid, performance, payment, maintenance bonds and other instru-
ments of security, furnished by CONTRACTOR and his surety in accordance
with the Contract Documents
Calendar Day - A calendar day of twenty-four hours measured from mid-
night to the next midnight and is any day of the week, no days being
excepted
Contract Amendment - A written agreement signed by both parties altering
the terms of the General Conditions and/or the Supplementary Conditions
Change Order - A written order to CONTRACTOR signed by OWNER authorizing
an addition, deletion or revision in the Work, or an adjustment in the
Contr ct Price or the Contract Time, issued after execution of the
Agreetnt
Contract Documents - The Agreement, Addenda, Invitation for Bids, In-
structions to Bidders, CONTRACTOR's Bid, the Bonds, the Notice of Award,
theselGeneral Conditions, the Supplementary Conditions, the Specifi-
cations, Drawings and Modifications
F&N-76 GC-1
Contract Price - The total moneys payable to CONTRACTOR under the Contract
Documents
Contract Time - The number of days stated in the Agreement for the com-
pletion of the Work, computed as provided in paragraph 17 2
CONTRACTOR - The person, firm or corporation with whom OWNER has executed
the Agreement
Drawings - The drawings which show the character and scope of the Work
to be performed and which have been prepared or approved by ENGINEER
and accepted by Owner and are referred to in the Contract Documents
except shop drawings as required by the Contract Documents
ENGINEER - The person, firm or corporation named as such in the Agreement
Field Order - A written order issued by ENGINEER which clarifies or
interprets the Contract Documents in accordance with paragraph 9 3 or
orders minor changes in the Work in accordance with paragraph 10 2
Modification - (a) Contract Amendment, (b) Change Order, (c) Field Order
Notice of Award - A written notice by OWNER to the apparent successful
Bidder stating that upon compliance with the conditions precedent to
be fulfilled by him within the time specified, OWNER will execute and
deliver the Agreement to him
Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with
a copy to ENGINEER) fixing the date on which the Contract Time will
commence to run and on which CONTRACTOR shall start to perform his obli-
gations under the Contract Documents
OWNER - A public body or authority, corporation, association, partner-
ship, or individual for whom the Work is to be performed
Project - The entire construction to be performed as provided in the
Contract Documents
Resident Project Representative - The authorized representative of ENGI-
NEER who is assigned to the Project site or any part thereof
Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules
and other data which are prepared by CONTRACTOR, a Subcontractor, manu-
facturer, supplier or distributor and which illustrate the equipment,
material or some portion of the Work
F&N-78 GC-2
Specifications - Those portions of the Contract Documents consisting
of written technical descriptions of materials, equipment, construction
systems, standards, procedures and workmanship as applied to the Work
Subcontractor - An individual, firm or corporation having a direct con-
tract with CONTRACTOR or with any other Subcontractor for the performance
of a part of the Work at the site
Substantial Completion - Certification by ENGINEER that the construction
of the Project or a specified part thereof is sufficiently completed,
in accordance with the Contract Documents, so that the Project or
specified part can be utilized for the purposes for which it was in-
tended pursuant to the provisions of Paragraph 14 7, 14 9, or if there
be no such certification, the date when final payment is due in ac-
cordance with Paragraph 14 12
Supplementary Conditions - A portion of the Contract Documents which
modifies the General Conditions by making additions, clarifications
and/or deletions In cases of conflict between the Supplementary
Conditions and the General Conditions, the Supplementary Conditions
shall have precedence over the General Conditions
Work - Any and all obligations, duties and responsibilities necessary
to the successful completion of the Project assigned to or undertaken
by CONTRACTOR under the Contract Documents, including all labor, materials,
equipment and other incidentals, and the furnishing thereof
Working Day - A day not including Saturdays, Sundays or any of the
following holidays New Year, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving
Day and Christmas Day, in which weather or other conditions, not under
the control of the CONTRACTOR, will permit construction of the principal
unitsof the work for a period of not less than seven (7) hours between
7 00 A M and 6 00 P M
ARTICLE 2 - PRELIMINARY MATTERS
Execution of Agreement
2 1 The Agreement, Bonds and such other portions of the Contract
Documents as may be required will be executed and delivered by CON-
TRACTOR to OWNER within fifteen (15) days after receipt of the Notice
of Award The Owner shall determine the number of counterparts required
The OWNER will execute the counterparts OWNER, CONTRACTOR and ENGINEER
F&N-78 GC-3
shall each receive an executed counterpart of the Contract Documents
and additional conformed copies as required
Delivery of Bonds
2 2 When he delivers the executed Agreement to OWNER, CONTRACTOR
shall also deliver to OWNER such Bonds as he may be required to furnish
in accordance with paragraph 5 1 and 5 4
Copies of Documents
2 3 OWNER shall furnish to CONTRACTOR up to ten (10) copies (unless
otherwise provided in the Supplementary Conditions) 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 re-
production
Contractor's Pre-Start Representations
2 4 CONTRACTOR represents that he has familiarized himself with,
and assumes full responsibility for having familiarized himself with,
the nature and extent of the Contract Documents, Work, locality, and
with all local conditions and federal, state and local laws, ordinances,
rules and regulations that may in any manner affect performance of the
Work, and represents that he has correlated his study and observations
with the requirements of the Contract Documents CONTRACTOR also represents
that he has studied all surveys and investigation reports of subsurface
and latent physical conditions referred to in the Contract Documents
and will make such additional surveys and investigations as he deems
necessary for the performance of the Work at the Contract Price in accordance
with the requirements of the Contract Documents and that he has correlated
the results of all such data with the requirements of the Contract Documents
Commencement of Contract Time, Notice to Proceed
2 5 The Contract Time will commence on, and include, the day following
the date established in the Notice to Proceed issued by Owner to Contractor
Starting the Project
2 6 CONTRACTOR shall start to perform his obligations under the
Contract Documents on the date when the Contract Time commences to run
No Work shall be done at the site prior to the date on which the Contract
Time commences to run
F&N-78 GC-4
Before Starting Construction
2 7 Before undertaking the Work, CONTRACTOR shall carefully
study and compare the Contract Documents and check and verify pertinent
figures shown thereon and all applicable field measurements He shall
at once report in writing to ENGINEER any conflict, error or discrepancy
which he may discover
2 8 Within ten (10) days after delivery of the executed Agree-
ment by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for
approval, an estimated progress schedule indicating the starting and
completion dates of the various stages of the Work, and a preliminary
schedule of Shop Drawing submissions
2 9 When CONTRACTOR delivers the executed Agreements the CONTRACTOR
shall furnish OWNER and ENGINEER certificates of insurance as required
by Article 5 After delivery of the executed Agreement by OWNER to
CONTRACTOR, but before starting the Work at the site, a conference
will be held to review the above schedules, to establish procedures
for handling Shop Drawings and other submissions and for processing
Applications for Payment, and to establish a working understanding
between the parties as to the Project Present at the conference will
be OWNER or his representative, ENGINEER, Resident Project Representatives,
CONTRACTOR and his Superintendent
ARTICLE 3 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3 1 It is the intent of the Specifications and Drawings to de-
scribe a complete Project to be constructed in accordance with the
Contract Documents The Contract Documents comprise the entire Agree-
ment between OWNER and CONTRACTOR They may be altered only by a
Modification
3 2 The Contract Documents are complementary, what is called
for by one is as binding as if called for by all If CONTRACTOR finds
a conflict, error or discrepancy in the Contract Documents, he shall
call it to ENGINEER's attention in writing at once and before pro-
ceeding with the Work affected thereby Any Work that may reasonably
be inferred from the Specifications or Drawings as being required to
produce the intended result shall be supplied whether or not it is
specifically called for Work, materials or equipment described in
words which so applied have a well-known technical or trade meaning
shall be deemed to refer to such recognized standards
F&N-78 GC-5
ARTICLE 4 - AVAILABILITY OF LANDS PHYSICAL CONDITIONS REFERENCE POINTS
Availability of Lands
4 1 OWNER shall furnish, as indicated in the Contract documents
and not later than the date when needed by CONTRACTOR, or such later
date as set forth in the Contract Documents, the lands upon which the
Work is to be done, rights-of-way for access thereto, and such other
lands which are designated for the use of CONTRACTOR Easements for
permanent structures or permanent changes in existing facilities will
be obtained and paid for by OWNER, unless otherwise specified in the
Contract Documents If CONTRACTOR believes that any delay in OWNER's
furnishing these lands or easements entitles him to an extension of
the Contract Time, he may make a claim therefor as provided in Article
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
Physical Conditions - Surveys and Reports
4 2 Reference is made to the Supplementary Conditions for identi-
fication of those surveys and investigation reports of subsurface and
latent physical conditions at the Project site or otherwise affecting
performance of the Work which have been relied upon by ENGINEER in preparation
of the Drawings and Specifications The data is for general information
and the OWNER and ENGINEER do not guarantee the accuracy
Unforseen Physical Conditions
4 3 CONTRACTOR shall, within three (3) days after discovery, notify
OWNER and ENGINEER in writing of any subsurface or latent physical conditions
at the site differing materially from those indicated in the Contract
Documents ENGINEER will investigate those conditions and advise OWNER
in writing if further surveys or subsurface tests are necessary Thereafter,
Owner shall obtain the necessary additional surveys and tests and furnish
copies to ENGINEER and CONTRACTOR If ENGINEER finds that the results
of such surveys or tests indicate that there are subsurface or latent
physical conditions which differ materially from those intended in the
Contract Documents, and which could not reasonably have been anticipated
or discovered by CONTRACTOR through his efforts as represented pursuant
to Article 2 4 of these General Conditions, a Change Order may be issued
incorporating the necessary revisions
Reference Points
4 4 OWNER shall provide engineering surveys for construction to
establish reference points which in his judgment are necessary to enable
F&N-78
GC-6
CONTRACTOR to proceed with the Work CONTRACTOR shall be responsible
for surveying and laying out the Work (unless otherwise provided in
the Supplementary Conditions), and shall protect and preserve the
established reference points and shall make no changes or relocations
without the prior written approval of OWNER He shall report to ENGINEER
whenever any reference point is lost or destroyed or requires relocation
because of necessary changes in grades or locations CONTRACTOR shall
replace and accurately relocate all reference points so lost, destroyed
or moved
ARTICLE 5 - BONDS AND INSURANCE
Performance, Payment and Other Bonds
5 1 CONTRACTOR shall furnish performance and payment Bonds as
security for the faithful performance and payment of all his obligations
under the Contract Documents These Bonds shall be in amounts at least
equal to the Contract Price, and (except as otherwise provided in the
Supplementary Conditions) in such form as set forth in the Contract
Documents and with such corporate sureties as are licensed to conduct
business in the state where the Project is located and are named in
the current list of "Surety Companies Acceptable on Federal Bonds" as
published in the Federal Register by the Audit Staff Bureau of Accounts,
U S Treasury Department The performance bond and payment bond shall
be extended to include the Correction Period set forth in Article 13 10
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 is revoked, CONTRACTOR
shall within five (5) days thereafter substitute another Bond and surety,
both of which shall be acceptable to OWNER
Contractor's Insurance Requirements
$.3 CONTRACTOR shall purchase and maintain such insurance as will
protect him from claims under workmen's compensation laws, disability
benefit laws or other similar employee benefit laws, from claims for
damages because of bodily injury, occupational sickness or disease,
or death of his employees, and claims insured by usual personal injury
liability coverage, from claims for damages because of bodily injury,
sickness or disease, or death of any person other than his employees
including claims insured by usual personal injury liability coverage,
and from claims for injury to or destruction of tangible property, in-
cluding loss of use resulting therefrom - any or all of which may arise
out of or result from CONTRACTOR's operations under the Contract Documents,
whether such operations be by himself or by any Subcontractor or anyone
F&N-78 GC-7
directly or indirectly employed by any of them or for whose acts any
of them may be legally liable This insurance shall include the specific
coverage and be written for not less than any limits of liability and
maximum deductibles specified in the Supplementary Conditions or required
by law, whichever is greater, shall include contractual liability insurance
and shall include OWNER and ENGINEER as additional insured parties
The Contractor shall maintain such additional insurance as he may deem
appropriate With the execution of the Agreement, CONTRACTOR shall
file with OWNER and ENGINEER certificates of such insurance, acceptable
to OWNER, these certificates shall contain a provision that the cover-
age afforded under the policies will not be cancelled or materially
changed until at least fifteen (15) days' prior written notice has been
given to OWNER and ENGINEER
Additional Bonds and Insurance
5 4 Prior to delivery of the executed Agreement by OWNER to CON-
TRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and
such additional insurance, in such form and with such sureties or insurers
as OWNER may require If such other Bonds or such other insurance are
specified by written instructions given prior to opening of Bids, the
premiums shall be paid by CONTRACTOR, if subsequent thereto, they shall
be paid by OWNER (except as otherwise provided in paragraph 6 7)
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence
6 1 CONTRACTOR shall supervise and direct the Work efficiently
with his best skill and attention He shall be solely responsible for
the means, methods, techniques, sequences and procedures of construction
and safety at the site CONTRACTOR shall be solely responsible to see
that the finished Work complies accurately with the Contract Documents
CONTRACTOR, ENGINEER and OWNER intend that CONTRACTOR shall be an independent
contractor and not the agent or employee of either OWNER or ENGINEER
6 2 CONTRACTOR shall keep at the project site at all times during
its progress of the work a competent resident superintendent, who shall
not be replaced without written notice to OWNER and ENGINEER except
under extraordinary circumstances The superintendent will be CONTRACTOR's
representative at the site and shall have authority to act on behalf
of CONTRACTOR All communications given to the superintendent shall
be as binding as if given to CONTRACTOR
F&N-78
GC-8
3
Labor, Materials and Equipment
6 3 CONTRACTOR shall provide competent, suitably qualified person-
nel to survey and lay out the Work and perform construction as required
by the Contract Documents He shall at all times maintain good disci-
pline and order at the site
16 4 CONTRACTOR shall furnish all materials, equipment, labor,
transportation, construction equipment and machinery, tools, ap-
pliances, fuel, power, light, heat, telephone, water and sanitary
facilities and all other facilities and incidentals necessary for the
execution, testing, initial operation and completion of the Work
6 5 All materials and equipment which is to be incorporated
into the Project shall be new, except as otherwise provided in the
Contract Documents If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equip-
ment
6 6 All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable manufacturer, fabricator or pro-
cessors, except as otherwise provided in the Contract Documents The
CONTRACTOR shall furnish the OWNER with four (4) sets of all operating
instructions, maintenance manuals and parts list for all mechanical
and electrical equipment furnished for the project
Substitute Materials or Equipment
6 7 If the Specifications, law, ordinance or applicable rules
or regulations permit CONTRACTOR to furnish or use a substitute that
is equal to any material or equipment specified, and if CONTRACTOR
wishes to furnish or use a proposed substitute, he shall, prior to
the conference called for by paragraph 2 9, make written application
to ENGINEER for approval of such a substitute certifying in writing
that the proposed substitute will perform adequately the functions
called for by the general design, be similar and of equal substance
to that specified and be suited to the same use and capable of per-
forming the same function as that specified, and identifying all vari-
ations of the proposed substiute from that specified and indicating
available maintenance service No substitute shall be ordered or in-
stalled without the written approval of ENGINEER who will be the judge
of equality and many require CONTRACTOR to furnish such other data
about1the proposed substitute as he considers pertinent No substitute
shall,be ordered or installed without such performance guarantee and
bonds as OWNER may require which shall be furnished at CONTRACTOR's
expense
F&N-78 GC-9
Concerning Subcontractors
6 8 CONTRACTOR shall not employ any Subcontractor or other person
or organization (including those who are to furnish the principal items
of materials or equipment), whether initially or as a substitute, against
whom OWNER may have reasonable objection Acceptance of any Subcontractor,
other person or organization by OWNER shall not constitute a waiver of
any right of OWNER to reject defective Work or Work not in conformance
with the Contract Documents If OWNER after due investigation has reasonable
objection to any Subcontractor, other person or organization proposed
by CONTRACTOR, CONTRACTOR shall submit an acceptable substitute CONTRACTOR
shall not be required to employ any Subcontractor, other person or organization
against whom he has reasonable objection CONTRACTOR shall not without
the consent of OWNER make any substitution for any Subcontractor, other
person or organization who has been accepted by OWNER
6 9 CONTRACTOR shall be fully responsible for all acts and omis-
sions of his Subcontractors and of persons and organizations directly
or indirectly employed by them and of persons and organizations for whose
acts any of them may be liable to the same extent that he is responsible
for the acts and omissions of persons directly employed by him Nothing
in the Contract Documents shall create any contractual relationship be-
tween OWNER or ENGINEER and any Subcontractor or other person or organization
having a direct contract with CONTRACTOR, nor shall it create any obligation
on the part of OWNER or ENGINEER to pay or to see to the payment of any
moneys due any Subcontractor or other person or organization, except
as may otherwise be required by law OWNER or ENGINEER may furnish to
any Subcontractor or other person or organization, to the extent practicable,
evidence of amounts paid to CONTRACTOR on account of specific Work done
in accordance with the schedule of values
6 10 The divisions and sections of the Specifications and the
identifications of any Drawings shall not control CONTRACTOR in dividing
the Work among Subcontractors or delineating the Work to be performed
by any specific trade
6 11 CONTRACTOR agrees to bind specifically every Subcontractor
to the applicable terms and conditions of the Contract Documents for
the benefit of OWNER
Patent Fees and Royalties
6 12 CONTRACTOR shall pay all license fees and royalties and assume
all costs incident to the use in the performance of the Work and the
completed Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others
F&N-78 GC-10
CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and against all
claims, damages, losses and expenses (including attorneys' fees) arising
out of any infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the incorporation
in the Work of any invention, design, process, product or device and
shall defend all such claims in connection with any alleged infringement
of such rights
6 13 CONTRACTOR shall obtain and pay for all construction permits
and licenses and shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the
time of his Bid OWNER shall assist CONTRACTOR, when necessary, in obtaining
such permits and licenses CONTRACTOR shall pay all public utility charges
Laws and Regulations
6 14 CONTRACTOR shall give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work If CONTRACTOR
observes that the Specifications or Drawings are at variance therewith,
he shall give ENGINEER prompt written notice thereof, and any necessary
changes shall be adjusted by an appropriate Modification If CONTRACTOR
performs any Work contrary to such laws, ordinances, rules and regulations,
and without such notice to ENGINEER, he shall bear all costs arising
therefrom
Taxes
6 15 CONTRACTOR shall pay all sales, consumer, use and other similar
taxes required to be paid by him in accordance with the law of the place
where the Work is to be performed
Use of Premises
6 16 CONTRACTOR shall confine his equipment, the storage of materials
and equipment and the operations of his workmen to areas permitted by
law, ordinances, permits, or the requirements of the Contract Documents,
and shall not unreasonably encumber the premises with materials or equipment
6 17 CONTRACTOR shall not load nor permit any part of any structure
to be loaded with weights that will endanger the structure, nor shall
he subject any part of the Work to stresses or pressures that will endanger
it
Record Drawings
6 18 CONTRACTOR shall keep one record copy of all Specifications,
Drawings, Addenda, Modifications, and Shop Drawings at the site in good
F&N-78 GC-11
order and annotated to show all changes made during the construction
process These shall be available to ENGINEER and shall be delivered
to him for OWNER upon completion of the Project
Safety and Protection
6 19 CONTRACTOR shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with
the Work He shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury
or loss to
6 19 1 all employees on the Project site and other persons
who may be affected thereby,
6 19 2 all the Work and all materials or equipment to be
incorporated therein, whether in storage on or off the site, and
6 19 3 other property at the site or adjacent thereto,
including, but not limited to, trees, shrubs, lawns, walks, pave-
ments, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction
CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the
safety of persons or property or to protect them from damage, injury
or loss He shall erect and maintain, as required by the conditions
and progress of the Work, all necessary safeguards for its safety and
protection He shall notify owners of adjacent utilities when prosecution
of the Work may affect them All damage, injury or loss to any property
referred to in paragraph 6 19 2 or 6 19 3 caused, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly
or indirectly employed by any of them or anyone for whose acts any
of them may be liable, shall be remedied by CONTRACTOR CONTRACTOR's
duties and responsibilities for the safety and protection of the Work
shall continue until such time as all the Work is completed and ENGINEER
has issued a notice to OWNER and CONTRACTOR in accordance with paragraph
14 12 that Work is acceptable
Emergencies
6 20 In any emergency affecting the safety of persons or property,
the CONTRACTOR shall act, at his discretion, to prevent threatened
damage, injury or loss Any additional compensation or extension of
time claimed by the Contractor on account of emergency work shall be
determined as provided in Article 11 and 12 for Changes in the Work
F&N-78 GC-12
Shop Drawings and Samples
6 21 After checking and verifying all field measurements, CONTRACTOR
shall submit to ENGINEER for approval, in accordance with the accepted
schedule of Shop Drawing submissions (see paragraph 2 8) five copies
(or at ENGINEER's option, one reproducible copy) of all Shop Drawings,
which shall have been checked by and stamped with the approval of CONTRACTOR
and identified as ENGINEER may require The data shown on the Shop Drawings
will be complete with respect to dimensions, design criteria, materials
of construction and the like to enable ENGINEER to review the information
as required
6 22 CONTRACTOR shall also submit to ENGINEER for approval with
such promptness as to cause no delay in Work, all samples required by
the Contract Documents All samples will have been checked by and stamped
with the approval of CONTRACTOR, identified clearly as to material, manu-
facturer, any pertinent catalog numbers and the use for which intended
6 23 At the time of each submission, CONTRACTOR shall in writing
call ENGINEER's attention to any deviations that the Shop Drawings or
sample may have from the requirements of the Contract Documents
6 24 ENGINEER will review and approve with reasonable promptness
Shop Drawings and samples, but his review and approval shall be only
for conformance with the design concept of the Project and for compliance
with the information given in the Contract Documents The approval of
a separate item as such will not indicate approval of the assembly in
which the item functions CONTRACTOR shall make any corrections required
by ENGINEER and shall return the required number of corrected copies
of Shop Drawings and resubmit new samples until approved CONTRACTOR
shall direct specific attention in writing to revisions other than the
corrections called for by ENGINEER on previous submissions CONTRACTOR's
stamp of approval on any Shop Drawing or sample shall constitute a repre-
sentation to OWNER and ENGINEER that CONTRACTOR has either determined
and verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data or he assumes full responsibility
for doing so, and that he has reviewed or coordinated each Shop Drawing
or sample with the requirements of the Work and the Contract Documents
6 25 Where a Shop Drawing or sample submission is required by
the Specifications, no related Work shall be commenced until the submission
has been approved by ENGINEER A copy of each approved Shop Drawing
and each approved sample shall be kept in good order by CONTRACTOR at
the site and shalt be available to ENGINEER
F&N-78 GC-13
6 26 ENGINEER's approval of Shop Drawings or samples shall not
relieve CONTRACTOR from his responsibility for any deviations from
the requirements of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to such deviation at the time of
submission and ENGINEER has given written approval to the specific
deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from
responsibility for errors or ommissions in the Shop Drawings
Cl eam ng
6 27 CONTRACTOR shall keep the premises free from accumulations
of waste materials, rubbish and other debris resulting from the Work,
and at the completion of the Work he shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools,
construction equipment and machinery, and surplus materials, and shall
leave the site clean and ready for occupancy by OWNER CONTRACTOR
shall restore to their original condition those portions of the site
not designated for alteration by the Contract Documents
Indemnification
6 28 CONTRACTOR shall indemnify and hold harmless OWNER and
ENGINEER and their agents and employees from and against all claims,
damages, losses and expenses including, but not limited to, attorneys'
fees arising out of or resulting from any act, omission or defect connected
with the performance of the Work, provided that such claim, damage,
loss or expense (a) 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 (b) is caused in whole or in part by any condition of premises
or materials, act or omission of CONTRACTOR, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not is caused
in part negligently or otherwise, by a party indemnified hereunder
6 29 In any and all claims against OWNER or ENGINEER or any
of their agents or employees by any employee of CONTRACTOR, any Sub-
contractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification
obligation under paragraph 6 28 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 Subcontractor under workmen's com-
pensation acts, disability benefit acts or other employee benefit acts
F&N-78
GC-14
.j
8 4 OWNER's duties in respect of providing lands and easements
and providing engineering surveys to establish reference points are set
forth in paragraphs 4 1 and 4 4 Paragraph 4 2 refers to OWNER's identifying
and making available to CONTRACTOR copies of surveys and investigation
reports of subsurface and latent physical conditions at the site or other-
wise affecting performance of the Work which have been relied upon by
ENGINEER in preparing the Drawings and Specifications
8 5 OWNER's responsibility in respect of certain inspections,
tests and approvals is set forth in paragraph 13 2
8 6 In connection with OWNER's right to stop Work or suspend Work,
see paragraphs 13 8 and 15 1 Paragraph 15 2 deals with OWNER's right
to terminate services of CONTRACTOR under certain circumstances
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative
9 1 ENGINEER will be OWNER's representative during the construction
period unless the OWNER advises the CONTRACTOR of other arrangements
The duties and responsibilities and the limitations of authority of ENGINEER
as OWNER 's representative durinq construction are set forth in Articles
1 through 17 of these General Conditions and shall not be extended without
written consent of OWNER and ENGINEER
Visits to Site
9 2 The ENGINEER will make visits to the site to familiarize himself
generally with the progress and quality of the Work and to determine
in general if the Work is proceeding in accordance with the Contract
Documents On the basis of his on-site observations as an ENGINEER,
he will keep the OWNER informed of the progress of the Work, and will
endeavor to,guard the OWNER against defects and deficiencies in the Work
of the CONTRACTOR The ENGINEER will not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of
the Work
Clarifications and Interpretations
9 3 ENGINEER will issue with reasonable promptness such written
clarifications or interpretations of the Contract Documents (in the form
of Drawings or otherwise) as he may determine necessary, which shall
be consistent with or reasonably inferable from the overall intent of
the Contract Documents If CONTRACTOR believes that a written clarification
F&N-78 GC-16
ARTICLE 7 - WORK BY OTHERS
7 1 OWNER may perform additional work related to the Project
by himself, or he may let other direct contracts CONTRACTOR shall
afford the other contractors who are parties to such direct contracts
(or OWNER, if he is performing the additional work himself), reasonable
opportunity for the introduction and storage of materials and equip-
ment and the execution of work, and shall properly connect and co-
ordinate his Work with theirs
7 2 If any part of CONTRACTOR's Work depends for proper
execution or result upon the work of any such other contractor (or
OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in
writing any defects or deficiencies in such work that render it un-
suitable for such proper execution and result His failure so to report
shall constitute an acceptance of the other work as fit and proper
for the relationship of his Work except as to defects and deficiencies
which may appear in the other work after the execution of his Work
7 3 CONTRACTOR shall do all cutting, fitting and patching of
his Work that may be required to make its several parts come together
properly and fit it to receive or be received by such other work
CONTRACTOR shall not endanger any work of others by cutting, exca-
vating or otherwise altering their work and will only cut or alter
their work with the written consent of ENGINEER and of the other con-
tractors whose work will be affected
7 4 If the performance of additional work by other contractors
or OWNER is not noted in the Contract Documents prior to the execution
of the Agreement, notice thereof shall be given to CONTRACTOR prior
to starting any such additional work
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8 1 OWNER shall issue all communications to CONTRACTOR through
ENGINEER
8 2 In case of termination of the employment of ENGINEER, OWNER
shall appoint an engineer against whom CONTRACTOR makes no unreason-
able objection, whose status under the Contract Documents shall be
that of the former ENGINEER Any dispute in connection with such ap-
pointment shall be subject to arbitration
8 3 OWNER shall furnish the data required of him under the
Contract Documents promptly and shall make payments to CONTRACTOR
promptly after they are due as provided in paragraphs 14 4 and 14 12
F&N-78
GC-15
kIi
and interpretation entitles him to an increase in the Contract Price,
he may make a claim therefor as provided in Article 11
Rejecting Defective Work
9 4 ENGINEER will have authority to disapprove or reject Work
which is "defective" (which term is hereinafter used to describe Work
that is unsatisfactory, faulty or defective, or does not conform to the
requirements of the Contract Documents or does not meet the requirements
of the Contract Documents or does not meet the requirements of any in-
spection, test or approval referred to in paragraph 13 2 or has been
damaged prior to approval of final payment) He will also have authority
to require special inspection or testing of the Work as provided in para-
graph 13 7, whether or not the Work is fabricated, installed or completed
Shop Drawings, Change Orders and Payments
9 5 In connection with ENGINEER's responsibility for Shop Drawings
and samples, see paragraphs 6 21 through 6 26 inclusive
9 6 In connection with ENGINEER's responsibility for Change Orders,
see Articles 10, 11 and 12
9 7 In connection with ENGINEER's responsibilities in respect
of Applications for Payment, etc , see Article 14
Resident Project Representatives
9 8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident
Project Representative and assistants to assist ENGINEER in carrying
out his responsibilites at the site The duties, responsibilities and
limitations of authority of any such Resident Project Representative
and assistants shall be as set forth in the Supplemental Conditions
Decisions on Disagreements
9 9 ENGINEER will be the interpreter of the requirements of the
Contract Documents and the judge of the performance thereunder In his
capacity as interpreter and judge ENGINEER will exercise his best efforts
to insure faithful performance by both OWNER and CONTRACTOR ENGINEER
will not show partiality to either and will not be liable for the result
of any interpretation or decision rendered in good faith Claims, disputes
and other matters relating to the execution and progress of the Work
or the interpretation of or performance under the Contract Documents
F&N-78 GC-17
shall be referred to ENGINEER for decision, which he will render in
writing within a reasonable time
9 10 Either OWNER or CONTRACTOR may demand arbitration with
respect to any such claim, dispute or other matter that has been re-
ferred to ENGINEER, except any which have been waived by the making
or acceptance of final payment as provided in paragraph 14 15, such
arbitration to be in accordance with Article 16 However, no demand
for arbitration of any such claim, dispute or other matter shall be
made until the earlier of (a) the date on which ENGINEER has rendered
his decision or (b) the tenth (10th) day after the parties have presented
their evidence to ENGINEER if he has not rendered his written decision
before that date No demand for arbitration shall be made later than
thirty (30) days after the date on which ENGINEER rendered his written
decision in respect of the claim, dispute or other matter as to which
arbitration is sought, and the failure to demand arbitration within
said thirty (30) days' period shall result in ENGINEER's decision being
final and binding upon OWNER and CONTRACTOR If ENGINEER renders a
decision after arbitration proceedings have been initiated, such decision
may be entered as evidence but shall not supersede the arbitration
proceedings, except where the decision is acceptable to the parties
concerned
Limitations on ENGINEER's Responsibilities
9 11 Neither ENGINEER's authority to act under this Article 9
or elsewhere in the Contract Documents nor any decision made by him
in good faith either to exercise or not exercise such authority shall
give rise to any duty or responsibility of ENGINEER to CONTRACTOR,
any Subcontractor, any materialman, fabricator, supplier or any of
their agents or employees or any other person performing any of the
Work
9 12 ENGINEER will not be responsible for CONTRACTOR's means,
methods, techniques, sequences or procedures of construction, or the
safety precautions and programs incident thereto, and he will not be
responsible for CONTRACTOR's failure to perform the work in accordance
with the Contract Documents The ENGINEER shall have no responsibility
with respect to safety and has no obligation to see that the CONTRACTOR's
safety obligations are fulfilled
9 13 ENGINEER will not be responsible for the acts or omissions
of CONTRACTOR, or any Subcontractor, or any of his or their agents
or employees, or any other persons at the site or otherwise performing
any of the Work
F&N-78 GC-18
ARTICLE 10 - CHANGES IN THE WORK
10 1 Without invalidating the Agreement, OWNER may, at any time
or from time to time, order additions, deletions or revisions in the
Work, these will be authorized by Change Orders Upon receipt of a
Change Order, CONTRACTOR shall proceed with the Work involved All
such Work shall be executed under the applicable conditions of the
Contract Documents If any Change Order causes an increase or de-
crease in the Contract Price or an extension or shortening of the
Contract Time, an equitable adjustment will be made as provided in
Article 11 or Article 12 on the basis of a claim made by either party
10 2 ENGINEER may authorize minor changes or alterations in
the Work not involving extra cost or contract time and not incon-
sistent with the overall intent of the Contract Documents These may
be accomplished by a Field Order If CONTRACTOR believes that any
minor change or alteration authorized by ENGINEER entitles him to an
increase in the Contract Price or Contract Time, he shall not proceed
with the work and shall in writing advise the ENGINEER and request a
Change Order
10 3 Additional Work performed by CONTRACTOR without author-
ization of a Change Order will not entitle him to claim an increase
in the Contract Price or an extension of the Contract Time, except
in the case of an emergency as provided in paragraph 6 20 and except
as provided in paragraph 13 7
10 4 OWNER, after consideration and approval, may execute ap-
propriate Change Orders prepared by ENGINEER covering changes in the
Work to be performed as provided in paragraph 4 3, and Work performed
in aniemergency as provided in paragraph 6 20 and any other claim of
CONTRACTOR for a change in the Contract Time or the Contract Price
which is approved by ENGINEER
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11 1 The Contract Price constitutes the total compensation pay-
able to CONTRACTOR for performing the Work All duties, responsi-
bilities and obligations assigned to or undertaken by CONTRACTOR shall
be at his expense without change in the Contract Price
11 2 The Contract Price may only be changed by a Change Order
Any claim for an increase in the Contract Price shall be based on written
notice delivered to OWNER and ENGINEER within ten (10) days of the
occurrence ofthe event giving rise to the claim Notice of the amount
of the claim with supporting data shall be delivered within thirty
(30) days of such occurrence unless ENGINEER allows an additional
F&N-78 GC-19
period of time to ascertain accurate cost data All claims for ad-
justments in the Contract Price shall be determined by ENGINEER if
OWNER and CONTRACTOR cannot otherwise agree on the amount involved
11 3 The value of any Work covered by a Change Order or of any
claim for an increase or decrease in the Contract Price shall be de-
termined in one of the following ways
11 3 1 Where the Work involved is covered by unit prices
contained in the Contract Documents, by application of unit prices
to the quantities of the items involvedunless actual quantities
differ from bid quantities by twenty (26% ) percent Revised con-
sideration will be given to that portion in excess of the twenty
(20%) percent difference subject to mutual acceptance of a revised
unit price
11 3 2 By mutual acceptance of a lump sum
11 3 3 On the basis of the actual cost directly related
to the Work plus a Contractor's Fee for overhead and profit in
the amount of fifteen (15%) percent The actual cost shall be
limited to labor, including foremen, materials entering perma-
nently into the work, the ownership or rental cost of construction
plant and equipment during the time of use on the extra work,
power and consumable supplies for the operation of power equip-
ment, insurance, and social security and old age and unemploy-
ment contributions
11 4 The amount of credit to be allowed by CONTRACTOR to OWNER
for any such change which results in a net decrease in cost, will be
the amount of the actual net decrease which decrease shall include
a CONTRACTOR's Fee for overhead and profit in the amount of fifteen
(15%) percent When both additions and credits are involved in any
one change, the CONTRACTOR's fee of fifteen (15%) percent shall be
figured on the basis of the net increase, if any
11 5 Whenever the cost of any Work is to be determined pursuant
to paragraph 11 3, CONTRACTOR will submit in form prescribed by ENGINEER
an itemized cost breakdown together with supporting data
ARTICLE 12 - CHANGE OF THE CONTRACT TIME
12 1 The Contract Time may only be changed by a Change Order
Any claim for an extension in the Contract Time shall be based on written
notice delivered to OWNER and ENGINEER within ten (10) days of the
occurrence of the event giving rise to the claim Notice of the extent
F&N-78
GC-20
of the claim with supporting data shall be delivered within thirty
(30) days of such occurrence unless ENGINEER allows an additional period
of time to ascertain more accurate data All claims for adjustment
in the Contract Time shall be determined by ENGINEER if OWNER and CON-
TRACTOR cannot otherwise agree Any change in the Contract Time re-
sulting from any such claim shall be incorporated in a Change Order
12 2 The Contract Time will be extended in an amount equal to
time lost due to delays beyond the control of CONTRACTOR if he makes
a claim therefor as provided in paragraph 12 1 Such delays shall
include, but not be restricted to, acts or neglect by any separate
contractor employed by OWNER, fires, floods, labor disputes, epidemics,
or acts of God other than weather conditions No time extensions will
be allowed for weather conditions for Project using calendar days for
the Contract Time
12 3 The CONTRACTOR agrees that time is of the essence of this
contract, and that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified
and contracted for (after due allowance of such extension of time as
is provided for in Article 12) the OWNER may withhold permanently from
the CONTRACTOR's total compensation, the amount per day set forth in
Supplementary Conditions, not as a penalty, but as liquidated damages
and for added expense for engineering services, etc
ARTICLE 13 - WARRANTY AND GUARANTEE TESTS AND INSPECTIONS CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee
13 1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER
that all materials and equipment will be new unless otherwise specified
and that all Work will be of good quality and free from faults or defects
and in accordance with the requirements of the Contract Documents and
of any inspections, tests or approvals referred to in paragraph 13 2
All unsatisfactory Work, all faulty or defective Work, and all Work
not conforming to the requirements of the Contract Documents at the
time of acceptance thereof or of such inspections, tests or approvals,
shall,be considered defective Prompt notice of all defects shall
be given to CONTRACTOR All defective Work, whether or not in place,
may be rejected, corrected or accepted as provided in this Article 13
Tests and Inspections
13 2 If the Contract Documents, laws, ordinances, rules, regu-
lations or orders of any public authority having jurisdiction require
F&N-78 GC-21
any Work to specifically be inspected, tested, or approved by some
public body, CONTRACTOR shall assume full responsibility therefor,
pay all costs in connection therewith and furnish ENGINEER the required
certificates of inspection, testing or approval All other inspections,
tests and approvals required by the Contract Documents shall be per-
formed by organizations selected by OWNER and the costs thereof shall
be borne by OWNER unless otherwise specified
13 3 CONTRACTOR shall give ENGINEER timely notice of readiness
of the Work for all inspections, tests or approvals If any such Work
required so to be inspected, tested or approved is covered without
written approval of ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation, and such uncovering shall be at CONTRACTOR's
expense unless CONTRACTOR has given ENGINEER timely notice of his intention
to cover such Work and ENGINEER has not acted with reasonable promptness
in response to such notice
13 4 Neither observations by ENGINEER nor inspections, tests
or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR
from his obligations to perform the Work in accordance with the requirements
of the Contract Documents
Access to Work
13 5 ENGINEER and his representatives and other representatives
of OWNER will at reasonable times have access to the Work CONTRACTOR
shall provide proper and safe facilities for such access and observation
of the Work and also for any inspection or testing thereof by others
Uncovering Work
13 6 If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be uncovered for
ENGINEER's observation and replaced at CONTRACTOR's expense
13 7 If any Work has been covered which ENGINEER has not speci-
fically requested to observe prior to its being covered, or if ENGINEER
considers it necessary or advisable that covered Work be inspected
or tested, CONTRACTOR, at ENGINEER's request, shall uncover, expose
or otherwise make available for observation, inspection or testing
as ENGINEER may require, that portion of the Work in question, furnishing
all necessary labor, material and equipment If it is found that such
Work is defective, CONTRACTOR shall bear all the expenses of such un-
covering, exposure, observation, inspection and testing and of satis-
factory reconstruction, including compensation for additional professional
services, and an appropriate deductive Change Order shall be issued
If, however, such Work is not found to be defective, CONTRACTOR shall
F&N-78
GC-22
ar
r
be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to such uncovering, exposure,
observation, inspection, testing and reconstruction if he makes a claim
therefor as provided in Articles 11 and 12
Owner May Stop the Work
13 8 If the Work is defective, or CONTRACTOR fails to supply
sufficient skilled workmen or suitable materials or equipment, or fails
to conform to the progress schedule required by Paragraph 14 1, or
if CONTRACTOR fails to make prompt payments to Subcontractors or for
labor, materials or equipment, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order has been
eliminated, however, this right of OWNER to stop the Work shall not
give rise to any duty on the part of OWNER to exercise this right for
the benefit of CONTRACTOR or any other party
Correction or Removal of Defective Work
13 9 If required by ENGINEER prior to approval of final payment,
CONTRACTOR shall promptly, without cost to OWNER and as specified by
ENGINEER, either correct any defective Work, whether or not fabricated,
installed or completed, or, if the Work has been rejected by ENGINEER,
remove it from the site and replace it with nondefective Work If
CONTRACTOR does not correct such defective Work or remove and replace
such rejected Work within a reasonable time, all as specified in a
written notice from ENGINEER, OWNER may have the deficiency corrected
or the rejected Work removed and replaced All direct or indirect
costs,of such correction or removal and replacement, including compen-
sation for additional professional services, shall be paid by CONTRACTOR,
and an appropriate deductive Change Order shall be issued CONTRACTOR
shall also bear the expenses of making good all Work of others destroyed
or damaged by his correction, removal or replacement of his defective
Work
One Year Correction Period
13 10 If, after the approval of final payment and prior to the
expiration of one year thereafter or such longer period of time as
may be prescribed by law or by the terms of any applicable special
guarantee required by the Contract Documents, any Work is found to
be defective, CONTRACTOR shall promptly, without cost to OWNER and
in accordance with OWNER's written instructions, either correct such
defective Work, or, if it has been rejected by OWNER, remove it from
the site and replace it with nondefective Work If CONTRACTOR does
not promptly comply with the terms of such instructions, OWNER may
have the defective Work corrected or the rejected Work removed and
F&N-78 GC-23
replaced, and all direct and indirect costs of such removal and re-
placement, including compensation for additional professional services,
shall be paid by CONTRACTOR
Acceptance of Defective Work
13 11 If, instead of requiring correction or removal and replace-
ment of defective Work, OWNER prefers to accept it, he may do so
In such case, if acceptance occurs prior to approval of final payment,
a Change Order shall be issued incorporating the necessary revisions
in the Contract Documents, including appropriate reduction in the Con-
tract Price, or, if the acceptance occurs after approval of final pay-
ment, an appropriate amount shall be paid by CONTRACTOR to OWNER
Neglected Work by Contractor
13 12 If CONTRACTOR should fail to prosecute the Work in accordance
with the Contract Documents, including any requirements of the progress
schedule, OWNER, after seven (7) days' written notice to CONTRACTOR
may, without prejudice to any other remedy he may have, make good such
deficiencies and the cost thereof (including compensation for additional
professional services) shall be charged against CONTRACTOR in which
case a Change Order shall be issued incorporating the necessary revisions
in the Contract Documents including an appropriate reduction in the
Contract Price If the payments then or thereafter due CONTRACTOR
are not sufficient to cover such amount, CONTRACTOR shall pay the dif-
ference to OWNER
ARTICLE 14 - PAYMENTS AND COMPLETION
Schedules
14 1 At least ten (10) days prior to submitting the first Appli-
cation for a progress payment, CONTRACTOR shall submit a progress schedule,
a final schedule of Shop Drawing submission and a schedule of values
of the Work These schedules shall be satisfactory in form and sub-
stance to ENGINEER The schedule of values shall include quantities
and unit prices aggregating the Contract Price, and shall subdivide
the Work into component parts in sufficient detail to serve as the
basis for progress payments during construction Upon approval of
the schedules of values by ENGINEER, it shall be incorporated into
the form of Application for Payment furnished by ENGINEER
Application for Progress Payment
14 2 At least ten (10) days before each progress payment falls
due (but not more often than once a month), CONTRACTOR shall submit to
F&N-78 GC-24
ENGINEER for review an Application for Payment on a form supplied by
the OWNER filled out and certified by CONTRACTOR covering the Work completed
as of the date of the Application If payment is requested on the basis
of materials and equipment not incorporated in the Work but delivered
and suitably stored at the site, the Application for Payment shall also
be accompanied by such data as required by OWNER Each subsequent Appli-
cation for Payment shall also include an affidavit of CONTRACTOR stating
that all previous progress payments received on account of the Work have
been applied to discharge in full all of CONTRACTOR's obligations reflected
in prior Applications for Payment The CONTRACTOR shall certify on each
Application for Payment that the Work performed to date complies with
the Contract Documents
Contractor's Warranty of Title
14 3 CONTRACTOR warrants and guarantees that title to all Work,
materials and equipment covered by any Application for Payment, whether
incorporated in the Project or not, will pass to OWNER at the time of
payment free and clear of all liens, claims, security interests and encumb-
rances (hereinafter in these General Conditions referred to as "Liens")
Approval of Payments
14 4 ENGINEER will, within ten (10) days after receipt of each
Application for Payment, either indicate in writing his approval of payment
and present the Application to OWNER, or return the Application to CONTRACTOR
indicating in writing his reasons for refusing to approve payment In
the latter case, CONTRACTOR may make the necessary corrections and resubmit
the Application OWNER shall, within ten (10) days of presentation to
him of the approved Application for Payment, pay CONTRACTOR the amount
approved by ENGINEER less ten (10%) percent of the amount thereof which
shall be retained until Final Payment and less all other sums that may
be retained by the OWNER a$ set forth in the Contract Documents
14 5 ENGINEER's approval of any payment requested in an Application
for Payment will constitute a representation by him to OWNER, based on
ENGINEER's on-site observations of the Work in progress as an experienced
and qualified design professional and on his review of the Application
for Payment and the accompanying data and schedules that the Work has
progressed to the point indicated, that, to the best of his knowledge,
information and belief, the quality of the Work is in accordance with
the Contract Documents (subject to an evaluation of the Work as a functioning
Project upon Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents and any qualifications stated
in his approval), and that CONTRACTOR is entitled to payment of the amount
approved However, by approving any such payment ENGINEER will not thereby
F&N-78 GC-25
be deemed to have represented that he made exhaustive or continuous on-
site inspections to check the quality or the quantity of the Work, or
that he has reviewed the means, methods, techniques, sequences, and pro-
cedures of construction, or that he has made any examination to ascertain
how or for what purpose CONTRACTOR has used the moneys paid or to be
paid to him on account of the Contract Price, or that title to any Work,
materials or equipment has passed to OWNER free and clear of any Liens
14 6 ENGINEER may refuse to approve the whole or any part of any
payment if, in his opinion, it would be incorrect to make such representations
to OWNER He may also refuse to approve any such payment, or because
of subsequently discovered evidence or the results of subsequent inspections
or tests, nullify any such payment previously approved, to such extent
as may be necessary in his opinion to protect OWNER from loss because
14 6 1 the Work is defective, or completed Work has been
damaged requiring correction or replacement,
14 6 2 claims or Liens have been filed or there is reason-
able cause to believe such may be filed,
14 6 3 the Contract Price has been reduced because of Modifications,
14 6 4 OWNER has been required to correct defective Work
or complete the Work in accordance with paragraph 13 11, or
14 6 5 of unsatisfactory prosecution of the Work, including
failure to furnish acceptable submittals or to clean up
14 6 6 reasonable indication that the Work will not be completed
within the Contract Time,
14 6 7 reasonable doubt that the Work can be completed for
the unpaid balance of the Contract Price
Substantial Completion
14 7 Prior to final payment, CONTRACTOR may, in writing to OWNER
and ENGINEER, certify that the entire Project is substantially complete
and request that ENGINEER issue a certificate of Substantial Completion
Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of the Project to determine the status of completion
If ENGINEER does not consider the Project substantially complete, he
will notify CONTRACTOR in writing giving his reasons therefor If ENGINEER
considers the Project substantially complete, he will prepare and deliver
F&N-78
GC-26
nj
xs~
4
to OWNER a tentative certificate of Substantial Completion which shall
fix the date of Substantial Completion and the responsibilities between
OWNERIand CONTRACTOR for maintenance, heat and utilities There shall
be attached to the certificate a tentative list of items to be completed
or corrected before final payment, and the certificate shall fix the
time within which such items shall be completed or corrected, said time
to be within the Contract Time OWNER shall have seven (7) days after
receipt of the tentative certificate during which he may make written
objection to ENGINEER as to any provisions of the certificate or attached
list If, after considering such objections, ENGINEER concludes that
the Project is not substantially complete, he will within fourteen (14)
days after submission of the tentative certificate to OWNER notify CONTRACTOR
in writing, stating his reasons therefor If, after consideration of
OWNER's objections, ENGINEER considers the PROJECT substantially complete,
he will within said fourteen (14) days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or corrected) reflecting
such changes from the tentative certificate as he believes justified
after consideration of any objections from OWNER The failure of the
ENGINEER to include any items on such tentative list of items to be completed
does not alter the responsibility of the CONTRACTOR to complete all Work
in accordance with the Contract Documents
14 8 OWNER shall have the right to exclude CONTRACTOR from the
Project after the date of Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on the tentative
list
Partial Utilization
14 9 Prior to final payment, OWNER may request CONTRACTOR in writing
to permit him to use a specified part of the Project which he believes
he may use without significant interference with construction of the
other parts of the Project If CONTRACTOR agrees, he will certify to
OWNER and ENGINEER that said part of the Project is substantially com-
plete and request ENGINEER to issue a certificate of Substantial Completion
for that part of the Project Within a reasonable time thereafter OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the
Project to determine its status of completion If ENGINEER does not
consider that it is substantially complete, he will notify OWNER and
CONTRACTOR in writing giving his reasons therefor If ENGINEER considers
that part of the Project to be substantially complete, he will execute
and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing
the date of Substantial Completion as to that part of the Project, at-
taching thereto a tentative list of items to be completed or corrected
before final payment and fixing the responsibility between OWNER and
F&N-78 GC-27
CONTRACTOR for maintenance, heat and utilities
Project OWNER shall have the right to exclude
of the Project which ENGINEER has so certified
plete, but OWNER shall allow CONTRACTOR reasona
or correct items on the tentative list
Final Inspection
as to that part of the
CONTRACTOR from any part
to be substantially com-
ble access to complete
14 10 Upon written notice from CONTRACTOR that the Project is
complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR
and will notify CONTRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective CONTRACTOR
shall immediately take such measures as are necessary to remedy such
deficiencies
Final Application for Payment
14 11 After CONTRACTOR has completed all such corrections to the
satisfaction of ENGINEER and delivered all maintenance and operating
instructions, schedules, guarantees, Bonds, certificates of inspection
and other documents - all as required by the Contract Documents, he may
make application for final payment following the procedure for progress
payments The final Application for Payment shall be accompanied by
such data and schedules as OWNER may reasonably require, together with
complete and legally effective releases or waivers (satisfactory to OWNER)
of all Liens arising out of the Contract Documents and the labor and
services performed and the material and equipment furnished thereunder
In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts
or releases in full, an affidavit of CONTRACTOR that the releases and
receipts include all labor, services, material and equipment for which
a Lien could be filed, and that all payrolls, material and equipment
bills, and other indebtedness connected with the Work for which OWNER
or his property might in any way be responsible, have been paid or otherwise
satisfied, and consent of the Surety, if any, to final payment If any
Subcontractor, materialman, fabricator or supplier fails to furnish a
release or receipt in full, CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify him against any Lien
Approval of Final Payment
14 12 If, on the basis of his observation and review of the Work
during construction, his final inspection and his review of the final
inspection and his review of the final Application for Payment - all
as required by the Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR has fulfilled all of his obligations
F&N-78 GC-28
under the Contract Documents, he will, within ten (10) days after receipt
of the final Application for Payment, indicate in writing his approval
of payment and present the Application to OWNER for payment There-
upon ENGINEER will give written notice to OWNER and CONTRACTOR that
the Work is acceptable subject to the provisions of paragraph 14 15
Otherwise, he will return the Application to CONTRACTOR, indicating
in writing his reasons for refusing to approve final payment, in which
case CONTRACTOR shall make the necessary corrections and resubmit the
Application OWNER shall, within ten (10) days of presentation to
him of an approved final Application for Payment, pay CONTRACTOR the
amount approved by ENGINEER
14 13 If after Substantial Completion of the Work final com-
pletion thereof is materially delayed through no fault of CONTRACTOR,
and ENGINEER so confirms, OWNER, upon certification by ENGINEER, and
without terminating the Agreement, may make payment of the balance
due for that portion of the Work fully completed and accepted If
the remaining balance for Work not fully completed or corrected is
less than the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5 1, the written consent of
the Surety to the payment of the balance due for that portion of the
Work fully completed and accepted shall be submitted by the CONTRACTOR
to the ENGINEER prior to certification of such payment Such payment
shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims
Contractor's Continuing Obligation
14 14 CONTRACTOR's obligation to perform the Work and complete
the Project in accordance with the Contract Documents shall be absolute
Neither approval of any progress or final payment by ENGINEER, nor
the issuance of a certificate of Substantial Completion, nor any pay-
ment by OWNER to CONTRACTOR under the Contract Documents, nor any use
or occupancy of the Project or any part thereof by OWNER, nor any act
of acceptance by OWNER nor any failure to do so, nor any correction
of defective work by OWNER shall constitute an acceptance of Work not
in accordance with the Contract Documents
Waiver of Claims
14 15 The making and acceptance of final payment shall consti-
tute a waiver of all claims by CONTRACTOR against OWNER other than
those previously made in writing and still unsettled
F&N-78 GC-29
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
Owner May Suspend Work
15 1 OWNER may, at any time and without cause, suspend the Work
or any portion thereof for a period of not more than ninety (90) days
by notice in writing to CONTRACTOR and ENGINEER which shall fix the
date on which Work shall be resumed CONTRACTOR shall resume the Work
on the date so fixed CONTRACTOR may be allowed an increase in the
Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension if he makes a claim therefor as provided
in Articles 11 and 12
Owner May Terminate
15 2 If CONTRACTOR is adjudged as bankrupt or insolvent, or
if he makes a general assignment for the benefit of his creditors,
or if a trustee or receiver is appointed for CONTRACTOR or for any
of his property, or if he files a petition to take advantage of any
debtor's act, or to reorganize under the bankruptcy or similar laws,
or if he repeatedly fails to supply sufficient skilled workmen or suit-
able materials or equipment, or if he repeatedly fails to make prompt
payments to Subcontractors or for labor, materials or equipment or
if he disregards laws, ordinances, rules, regulations or orders of
any public body having jurisdiction, or if he disregards the authority
of ENGINEER, or if he otherwise violates any provision of the Contract
Documents, then OWNER may, without prejudice to any other right or
remedy and after giving CONTRACTOR and his Surety seven (7) days' written
notice, terminate the services of CONTRACTOR and take possession of
the Project and of all materials, equipment, tools, construction equipment
and machinery thereon owned by CONTRACTOR, and finish the Work by whatever
method he may deem expedient In such case CONTRACTOR shall not be
entitled to receive any further payment until the Work is finished
If the unpaid balance of the Contract Price exceeds the direct and
indirect costs of completing the Project, including compensation for
additional professional services, such excess shall be paid to CONTRACTOR
If such costs exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER Such costs incurred by OWNER shall be determined
by ENGINEER and incorporated in a Change Order
15 3 Where CONTRACTOR's services have been so terminated by
OWNER, said terminations shall not affect any rights of OWNER against
CONTRACTOR then existing or which may thereafter accrue Any retention
or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR
from liability
F&N-78
GC-30
r~
15 4 Upon seven (7) days' written notice to CONTRACTOR and ENGI-
NEER, OWNER may, without cause and without prejudice to any other right
or remedy, elect to abandon the Project and terminate the Agreement
In such case, CONTRACTOR shall be paid for all Work executed and any
expense sustained plus a reasonable profit
Contractor May Stop Work or Terminate
15 5 If, through no act or fault of CONTRACTOR, the Work is
suspended for a period of more than ninety (90) days by OWNER or under
an order of court or other public authority, or ENGINEER fails to act
on any Application for Payment within thirty (30) days after it is
submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER
or awarded by arbitrators within thirty (30) days of its approval and
presentation, then CONTRACTOR may, upon seven (7) days' written notice
to OWNER and ENGINEER, terminate the Agreement and recover from OWNER
payment for all Work executed and any expense sustained plus a reason-
able profit In addition and in lieu of terminating the Agreement,
if ENGINEER has failed to act on an Application for Payment or OWNER
has failed to make any payment as aforesaid, CONTRACTOR may upon seven
(7) days' notice to OWNER and ENGINEER stop the Work until he has been
paid all amounts then due
ARTICLE 16 - ARBITRATION
16 1 All claims, disputes and other matters in question arising
out of, or relating to, this Agreement or the breach thereof except
for claims which have been waived by the making or acceptance of final
payment as provided by paragraph 14 15, shall be submitted to arbitra-
tion at the request of either party to the dispute The parties may
agree upon one arbiter, otherwise, there shalt be three, one named
in writing by each party, and the third chosen by the two arbiters
so selected, or if the arbiters fail to select a third within ten (10)
days, he shall be chosen by a District Judge serving the County in
which the major portion of the Project is located, unless otherwise
specified Should the party demanding arbitration fail to name an
arbiter within ten (10) days of the demand, his right to arbitrate
shall lapse, and the decision of the ENGINEER shall be final and binding
on him Should the other party fail to choose an arbiter within ten
(10) days, the ENGINEER shall appoint such arbiter Should either
party refuse or neglect to supply the arbiters with any papers or in-
formation demanded in writing, the arbiters are empowered by both
parties to take ex parte proceedings The arbiters shall act with
promptness The decision of any two shall be binding on both parties
to the contract The decision of the arbiters upon any question sub-
mitted to arbitration under this contract shall be a condition
F&N-78 GC-31
precedent to any right of legal action The decision of the arbiter
or arbiters may be filed in court to carry it into effect The arbiters,
if they deem the case demands it, are authorized to award the party
whose contention is sustained, such sums as they deem proper for the
time, expense and trouble incident to the appeal, and if the appeal
was taken without reasonable cause, they may award damages for any
delay occasioned thereby The arbiters shall fix their own compensation,
unless otherwise provided by agreement, and shall assess the cost and
charges of the arbitration upon either or both parties The award
of the arbiters must be made in writing
16 2 CONTRACTOR will carry on the Work and maintain the progress
schedule during any arbitration proceedings, unless otherwise agreed
by him and OWNER in writing
ARTICLE 17 - MISCELLANEOUS
Giving Notice
17 1 Whenever any provision of the Contract Documents requires
the giving of written notice it shall be deemed to have been validly
given if delivered in person to the individual or to a member of the
firm or to an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail, postage pre-
paid, to the last business address known to him who gives the notice
Computation of Time
17 2 When a period of time is referred to in the Contract Docu-
ments by days, it shall be computed to exclude the first and include
the last day of such period If the last day of any such period falls
on a Saturday or Sunday or on a day made a legal holiday by the law
of the applicable jurisdiction, such day shall be omitted from the
computation
General
17 3 All Specifications, Drawings and copies thereof furnished
by ENGINEER shall remain his property They shall not be used on another
Project, and, with the exception of those sets which have been signed
in connection with the execution of the Agreement, shall be returned
to him on request upon completion of the Project
17 4 The duties and obligations imposed by these General Con-
ditions and the rights and remedies available hereunder, and, in particular
F&N-78
GC-32
a'
but without limitation, the warranties, guarantees and obligations
imposed upon CONTRACTOR by paragraphs 6 28, 13 1, 13 10 and 14 3 and
the rights and remedies available to OWNER and ENGINEER thereunder,
shall be in addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available to them which are
otherwise imposed or available by law, by special guarantee or by other
provisions of the Contract Documents
17 5 The Contract Documents shall be governed by the law of
the place of the Project
F&N-78 GC-33
SUPPLEMENTARY CONDITI
1 INSURANCE The Contractor shall comply with the requirements of Para-
grapFT7 of the General Conditions and shall, at his own expense,
purchase, maintain and keep in force such insurance as will protect him
from claims which may arise out of or result from his operations under
this Contract, whether such operations are by himself or by any Sub-
contractor or by anyone directly or indirectly employed by any of them
or by anyone for whose acts any of them may be liable Minimum in-
surance requirements are to be as outlined in the table, "INSURANCF
MINIMUM REQUIREMENTS"
Such insurance as is required in the "INSURANCE MINIMUM REQUIREMENTS"
shall be written so that the Owner will be notified in writing, in the
event of cancellation, restrictive amendment or non-renewal at least
thirty days prior to such action Certificates of Insurance on the
form attached to this Section shall be filed with the Owner prior to
the commencement of the work
All insurance required under this Paragraph 3 shall be written with the
City of Denton as co-insured, and the City shall receive a duplicate
copy of every insurance policy required
The stated limits of insurance required by this Paragraph 3 are MINIMUM
ONLY and it shall be the Contractor's responsibility to determine wfiai-
bits are adequate These minimum limits may be basic policy limits
or any combination of basic limits and umbrella limits In any event,
the Contractor is fully responsible for all losses arising out of,
resulting from or connected with operations under this contract whether
or not said losses are covered by insurance The Owner's acceptance of
Certificates of Insurance that in any respect do not comply with the
Contract requirements does not release the Contractor from compliance
herewith
The Owner and Contractor waive all rights against each other for dam-
ages caused by fire or other perils to the extent their interests are
covered by insurance under this Section, except such rights as they may
have to the proceeds of such insurance when held by the Owner as trus-
tee The Contractor shall require similar waivers by Subcontractors
and Sub-subcontractors
2 INSPECTION The Owner will observe or cause observation of all
items o wor for this project The use of the term "ENGINEER",
"OWNER'S AGENT", or "OWNER'S DFSIGNATED REPRESENTATIVE" regarding ob-
servation in the Contract Documents shall be understood to mean the
Owner will perform construction observation duties with his own forces
SC-1
3 LIQUIDATED DAMAGES In the event the Contractor fails to attain sub-
stantial completion of the entire project (all bid items) within the
time set forth in the Proposal, the Owner may withhold money perma-
nently from the Contractor's total compensation the amount set forth
in the table below as liquidated damages and for added expenses for
engineering services, etc , in accordance with Article 19 of the Gen-
eral Conditions
Amount of Contract Amount of Liquidated Damages
Less than
$ 5,000 00
$ 60
00
Per
Day
$ 5,000
00
to
14 999
99
80
00
Per
Day
15,000
00
to
24,999
99
100
00
Per
Day
25,000
00
to
49,999
99
120
00
Per
Day
50,000
00
tO
99,999
99
160
00
Per
Day
100,000
00
to
1,000,000
00
240
00
Per
Day
More tha
n
1,000,000
00
500
00
Per
Day
The Owner will be the sole judge as to whether the work has been com-
pleted within the allotted time
4 MINIMUM WAGE SCALE The rates shown in attached "Schedule B" have been
determined by t e City of Denton, Texas in accordance with the statu-
tory requirements and prevailing local wages
5 SHOP DRAWINGS Article 6, Paragraph 21, of the GENERAL CONDITIONS,
sTiaTT~ded so that the Contractor shall submit six (6) copies of
all Shop Drawings to the Engineer
END OF SUPPLEMENTARY CONDITIONS
SC-2
SCHEDULE "B
CITY OF DENTON MINIMUM WAGE RATES FOR PUBLIC
ENGINEERING (HIGHWAY/HEAVY) CONSTRUCTION AND
UNDERGROUND UTILITY CONTRACTS
The rates below have been determined by the City of Denton,
Texas in accordance with the statutory requirements and
prevailing local wages
Overtime shall be paid for at the rate of one and one-half
(1-1/2) times the regular rates for every nour worked in excess
of forty (40) hours per week
Trade-Craft Classification Rate Per Hour
Air Tool Man
Asphalt Heaterman
Asphalt Raker
6
55
Asphalt Shoveler
5
00
Hatching Plant Scaleman
6
50
Satterboard Setter
Carpenter
6
65
Carpenter Helper
5
45
Concrete Finisher (Paving)
7
05
Concrete Finisher Helper (Paving)
5
50
Concrete Finisher (Structures)
6
80
Concrete Finisher Helper (Str,-ct)
5
55
Concrete Rubber
Electrician
9
50
Electrician Yelper
5
50
Fora Builder (Str"tures)
6
70
Form Builder Helper (Struct)
5
00
Form Liner (Paving & Curb)
7
25
Form Setter (Paving & Curb)
6
10
Form Setter Helper (Paving & Curb)
4
~0
Form Setter (Structures)
7
00
Form Setter Helper (Structures)
5
65
Laborer, Common
4
00
Laborer Utility Man
4
90
Manhole Builder, Brick
Mechanic
6
70
Mechanic Helper
o
00
Oiler
6
05
Serviceman
5
75
Painter (Structures)
painter Helper (Structures)
Pilecriverman
Pipelayer
5
75
%pelayer Helper
4
75
Powcerman
7
00
Reinforcing steel sector (-aving)
00
Reinforcing Steel Setter (Struct)
5
00
Reinforcing Steel Setter delper
4
zi0
Steel Worker (Structural)
25
Steel corker delper (Structural)
Sign Erector
Sign Erector Helper
Spreader Box Man
6
00
Swamper
4
9p
Power Equipment operators
Asphalt Distributor
6
00
Asphalt Paving eaehine
0
95
Broom or Sweeper Operator
20
Bulldozer 1z0 HP & Less
6
25
Bulldozer 4a0 HP
6
75
Concrete Paving Curing Machine
6
no
Concrete Paving r'-n-sning Mach
0
00
G - 12 5
Trade-Craft Classification Rate oer Hour
Concrete Paving Form Grader
Concrete Paving Joint Machine
Concrete Paving Longitudinal Float
6
35
Concrete Paving mixer
7
75
Concrete Paving Saw
6
OS
Concrete Paving Spreader
Paving Sub Grader
Crane, Clamshell, Backhoe Derrick,
Dragline, Shovel (less than 1 1/2 CY)
7
00
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel (1 1/2 CY s Over)
7
35
Crusher or Screening Plant Operator
Elevating Grader
Pot= Loader
Foundation Drill Operator (Crawler
Mounted)
Foundation Drill Op (Truck Mounted)
8
25
Foundation Drill Operator Helper
5
45
Front End Loader (2 1/2 CY s Less)
6
15
Front End Loader (Over 2 1/2 CY)
7
25
Hoist (Over 2 drums)
5
00
Mixer (Over 16 CF)
Mixer (16CF 6 Less)
Kotor Grader Operator, Fine Grace
7
55
Motor Grader Operator
7
25
Roller, Steel Wheel (Plant-Mix
Pavements)
6
35
Roller, Steel Wheel (Other-01at
Wheel cc Tamping)
6
45
Roller, Pneumat-c (Self-Drocelled)
15
Scrapers (17 CY & Less)
6
25
Scrapers (Over 17 CY)
6
90
Side Bcam
Tractor (Crawler Type) 150 HP & Less
Tractor (Crawler Tyoe) over 130 HP
6
90
Tractor (Pneumatic) 80 HP & Less
9
60
Tractor (Pneumatic) over 80 HP
6
75
Traveling Mixer
Trenching Machine Light
Trenching Machine, deavy
Wagon Drill, Boring Machine or post
Hole Driller Operator
5
25
Truck Drivers
Single Axle, Light ~ 35
Single Axle, Heavv
Tandom Axle or Semitrailer
Lowboy-Float
Transit-Ml'C o 70
Winch
welder 7 l5
Welder Helper
'"he CONTRACTOR snail complt with all state and Federal Laws
applicable to such worn
The above are minimum rates Bidders snall base t'ieir 01" on
rates t1isy expect to pay, it 11 excess of those listed °he
OWNER will not consider claims for extra oayment to CONTRACTOR
on account of payment of wages hignec cyan those speciriec
C - 12 6
CITY OF DENrON
INSURANCE MINIMUM REQUIREMENTS
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the City of Denton, Owner,
minimum insurance coverage as follows
TYPE OF COVERAGE LIMITS OF LIABILITY
I WORKMhN'S COMPENSATION STAIUTORY
II COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $300,000 $1,000,000
Each occurance Aggregate
Property Damage $100,000
Each accident
III COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily Injury $300,000 $1,000,000
Each person Each accident
Property Damage $100,000
Each accident
A In addition to the insurance described above, the
Contractor shall obtain at his expense an OWNER'S
PROTECTIVE LIABILITY INSURANCE POLICY with the
following limits
BODILY INJURY PROPERTY DAMAGE
$300,000 each person $100,000 each accident
$300,000 each accident $1,000,000 aggregate
Covering the work to be performed by the Contractor for
the City of Denton
B The contractor will furnish the Owner's Protective
Policy described above and execute the Certificate
described on the following page to the City of Uenton
for its approval Insurance must be accepted before
commencing any work under the contract to which this
insurance applies
The City of Denton will be listed on all policies as an
additional named insured
#0399c
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions have been Issued by
the company or companies shown below
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
the policy or policies Ohown below, nor is it an endorsement making the person, firm or corporation at whose request It is issued an
additional insured on the policy or policies referred to herein
In the event of any material change In or cancellation of the policy or policies, the company or companies wily mail ten (10)
days' written notice to the party Yo whom this certificate Is addressed.
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
City of Denton Sid Q
901-B Texas St
Denton, TX 76201
Attn John J Marshall, C P.M
Purchasing Agent
DATES Nov. 13, 1985
REMARKS Owner's Protective
Liability Insurance Policy #
540 793319 4 in U.S Fire Ins Cc
for 10-23-85 to 10-23-86.
Bodily Induryf300,000 ea.person
Property Dam. 300,000 ea.accident
J 100,000 ea.accident
$1,000,000 aggregate
NAME AND ADDRESS OF INSUREDt
W F.IIarrison Construction Co., Inc
P.0 Box 1711,45
Arlington, Texas 76003
Insurance Company
Type of Imuranae
Policy
Number
Effective
Date
Expiration
Date
LIMITS OF LIABILITY*
American
Workmen aCompensation
WC 223856-
7-31-85
7-31-86
Suntory
States Ins.Co.
and
4
Employers Liability
Employers Liability Limits-5100000_
North River
Comprehensive
540790
Bodily Injury
Ins. Co.
General Liability
310 8
7-29-85
7-29-86
000
500
Each Oeevrranca
9
5
A rsgatn Products
S 00,0013 r & Cam kited Operation
Property Dome"
s250,000 Each Occurrence
S2 0 0 Aggregate Operations
OO Aggregate Protective
O
112 O j
~
T
5 Aggregsta Contractual
0 Aggregate products
t
f250r00 & Completed Operation
American
Comprsheroivi,
Automobile Liability-*
CL 268 308
3-11-85
3-11-86
Bodily Injury
5500, 000 Each Person
States Ins.Co
4
$1 000, 0 IOahocaurrennce
Property Damage
S 500 a 000Fach occurrence
U.S.Fire Ins.
Umbrella
523435738
10-18-85
7-29-86
1,000000 Excess in-
Co.
5
luding underground
U.S.Fire Ins.
Owners Pro-
540793319
10-23-85
10-23-86
& completed operatic:
BI1$300,000/$300,000
Co.
tective
PD
'Absence of any appropriate entry means no rich insurance is In force NMR AND ADDRESS Or AGENCY
*Covers all owned non-owned or hind vehicles. Cobb Insurance Agency -
1101 Sundial Drive
Richardson, Texas 75081
214-231-8364 Robert Cobb
PHONE N=ZP Or AGENCY Authorized Representatives of the Insurance Companies referred to above
rT-7
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies subject to their terms conditions and exclusions have been issued by
the company or companies shown below
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends extends or alters the coverage afforded by
the policy or policies shown below nor is it an endorsement making the person, firm or corporation at whose request it is issued an
additional insured on the policy or policies referred to herein
In the event of any material change in or cancellation of the policy or policies the company or companies will mall ten (io)
days written notice to the party to whom this certificate is addressed
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
DATE
F- 7
REMARKS
City of Denton
Bid #
901-8 Texas St
Denton, TX 76201
Attn John J Marshall, C P M
Purchasing Agent
NAME AND ADDRESS OF INSURED
Policy
Effective
Expiration
Insurance Company
Type of Insurance
Number
Date
Date
LIMITS OF LIABILITY
Workmen s Compensation
Statutory
and
Employers Liability
Employers Liability Limits-$100000
Comprehensive
Bodily Injury
General Liability
$ Each Occurrence
Aggregate Products
S & Completed Operations
Property Damage
$ Each Occurrence
$ Aggregate Operations
$ Aggregate Protective
$ Aggregate Contractual
Aggregate Products
$ & Completed Operations
Comprehensive
Bodily Injury
Automobile Liability
$ Each Person
$ Each Occurrenc
es
Property Damage
$ Each Occurrence
Absence of any appropriate entry means no such insurance is in force NAM 410 ADDRESS OF AGEVCY
"Covers all owned non-owned or hired vehicles
PRONE NIMEF OF AGENCY
Authorized Representatives of the Insurance Companies referred to above
fi-2
01001 GENERAL CONSTRUCTION REQUIREMENTS
1 01 SCOPE OF WORK
The work involved under this contract consists of the furnishing of
all materials, tools, equipment, transportation, services, and all
labor and superintendence necessary for the construction and comple-
tion of the Filter Backwash System Improvements at the Denton Water
Treatment Plant
1 02 CORRECTION PERIOD
Nothing in the General Conditions Article 13 concerning the correc-
tion period shall establish a period of limitation with respect to
any other obligation which Contractor has under the Contract Docu-
ments The establishment of time periods relates only to the speci-
fic obligations of Contractor to correct the work, and has no rela-
tionship to the time within which his obligations under the Contract
Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish his liability with respect
to his obligations other than to specifically correct the work This
correction period shall be covered by the extension of the Perfor-
mance Bond
1 03 CONNECTIONS TO EXISTING FACILITIES
It will be necessary, during the course of construction, to make
connections to the existing plant piping All work involved in mak-
ing connections which will require a shutdown of any existing plant
operations shall be carefully planned and coordinated with both the
Engineer and the Owner so that "down" time of the existing plant may
be held to a minimum as defined below
During the connection to the existing high service line it will be
necessary to shut down the pumps feeding the City's water distri-
bution system In addition, the Contractor shall be required to
depressurize and drain a portion of the high service line During
drainage operations the Contractor shall take whatever control
actions necessary, including construction of sand-bag barriers, to
insure that the basement does not become flooded as a result of
construction operations All work in this area shall be performed in
conjunction with the plant operating staff and shall be carefully
coordinated and all materials, equipment and personnel required shall
be at the plant site prior to commencing this work The length of
time allowed for shutdown of the high service pumps shall not exceed
six (6) hours and the work will be performed at night during low
demand periods In addition, this connection work will not commence
prior to October 1, 1985 nor extend past March 1, 1986 Availability
of the work area after October 1, 1985 will be based on water demand
although it is anticipated that the work area will be available The
01001-1
Contractor shall submit in writing at least two weeks prior to
commencing this work a detailed schedule to the Owner
The connection to the backwash system will require shutting down the
backwash capability of the plant The maximum allowable shutdown
period for this work shall be twenty-four (24) hours and the require-
ments as stated above shall be required
1 04 WORKMANSHIP
These specifications contain detailed instructions and descriptions
covering the major items of construction and workmanship necessary
for building and completing the various units or elements of the
project The specifications are intended to be so written that only
first class workmanship and finish of the best grade and quality will
result The fact that these specifications may fail to be so complete
as to cover all details will not relieve the Contractor of full re-
sponsibility for providing a completed project of high quality, first
class finish and appearance and satisfactory for operation, all with-
in the apparent intent of the plans and specifications
1 05 SANITATION FACILITIES
The Contractor shall provide portable toilet facilities (Chem-cans)
in sufficient number for the Contractor's use throughout the course
of the project and in accordance with OSHA requirements Contractor's
personnel will not be permitted to use toilet facilities in the
existing plant buildings
1 06 SALVAGED MATERIAL
During construction of the project any equipment or materials which
has been the property of the Owner and which is salvaged by the Con-
tractor shall remain the property of the Owner Brick and concrete
rubble shall be the property of the Contractor and shall be disposed
of off the plant site
1 07 MATERIALS
These specifications are intended to be so written that only mate-
rials of the best quality and grade will be furnished The fact that
the specifications may fail to be sufficiently complete in some de-
tail will not relieve the Contractor of full responsibility for pro-
viding materials of high quality and protecting them adequately until
incorporation in the structure The specifications for materials set
out the minimum standard of quality which the Owner believes neces-
sary to procure a satisfactory project No substitutions will be
permitted until the Contractor has received written permission of the
Engineer to make a substitution for the material which has been spe-
cified
01001-2
Where the term "or equal", or "or approved equal" is used, it is
understood that if a material, product, or piece of equipment of the
specified name and quality is furnished it will be approvable, as the
particular name was used for the purpose of establishinq a standard
of quality acceptable to the Owner If a product of any other name
is proposed for use, the Engineer's approval thereof must be obtained
before the proposed substitute is procured by the Contractor Wher-
ever the term "or equal" is used, it is understood to mean "or ap-
proved equal"
1 08 COST BREAKDOWN
Within thirty (30) days after the execution of the Contract, and not
less than ten (10) days prior to the first monthly estimate, the
Contractor shall submit to the Engineer a cost breakdown of the work
under this Contract This breakdown is for use by the Engineer in
preparing the monthly estimates and for the Owner's use in cost ac-
counting for the project The breakdown shall be in detail, itemiz-
ing all items of equipment and construction and shall accurately
reflect the cost of all work as included in the bid prices Cost
breakdown shall be such that an overall cost of the various elements
of the project can be determined
1 09 PROGRESS SCHEDULES
Within 10 days prior to submission of first monthly progress payment,
the Contractor shall prepare and submit to the Engineer for approval
six copies of the schedule in which the Contractor proposes to carry
on the work, the date of which he will start the several mayor ac-
tivities (including procurement of materials, plants, and equipment)
and the contemplated dates for completing the same The schedule
shall be in the form of a progress chart of suitable scale to indi-
cate graphically the percentage of work scheduled for completion at
any time As the work progresses, the Contractor shall enter on the
chart the actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer The Contractor
shall also revise the schedule to reflect any adjustments in contract
time approved by the Engineer Three copies of the updated schedule
shall be delivered at such intervals as directed by the Engineer
If, in the opinion of the Engineer, work accomplished falls behind
that scheduled, the Contractor shall take such action as necessary to
improve his progress In addition, the Engineer may require the
Contractor to submit a revised schedule demonstrating his program and
proposed plan to make up lag in scheduled progress and to insure
completion of the work within the contract time If the Engineer
finds the proposed plan not acceptable, he may require the Contractor
to increase the work force, the construction plant and equipment, the
number of work shifts or the overtime operations without additional
cost to the Owner
01001-3
Failure of the Contractor to comply with these requirements shall be
considered grounds for determination by the Engineer that the Con-
tractor is failing to prosecute the work with such diligence as will
insure its completion within the time specified
1 10 TESTS
In addition to the tests called for in the Specifications, the Owner
may have tests made of pipe and materials for conformity with the
Specifications by an independent testing laboratory Such independent
laboratory will be selected and paid by the Owner The Owner may
require the Contractor to furnish mill test certificates on reinforc-
ing steel or wire, cast iron pipe and fittings, and cement
1 11 POWER FOR CONSTRUCTION
The Contractor shall provide at his own expense electrical power for
project construction
1 12 FINAL TESTING AND OPERATION
Prior to presentation for final acceptance of the work under this
contract, the Contractor shall have tested all piping, valves, and
gauges for a sufficient duration of time to permit the Engineer to
observe overall performance of the respective and equipment Such
operation shall be properly coordinated with the Owner's operating
personnel
1 13 SANITATION AND CLEANUP
During construction, the Contractor shall maintain the premises in an
orderly, neat, and presentable condition Scraps and debris shall
not be left scattered around but shall be assembled in one place
When construction under this Contract has been otherwise completed,
the Contractor shall remove all left over construction materials,
equipment, scraps, debris and rubbish, and leave the site in a neat,
well kept appearance
At the completion of the work, all buildings and structures shall be
broom clean The Contractor shall clean the walls of all hydraulic
structures of dirt, stains, or other materials and pipes shall be
left free of any and all foreign material The Contractor shall
remove all marks, stains, dirt and soil from all finished surfaces
and shall thoroughly clean all floors, clean and polish all finished
hardware and other such devices
1 14 PROTECTING EXISTING STRUCTURES AND UTILITIES
Where worked called for in this contract endangers adjacent struc-
tures and utilities, the Contractor shall at his own expense care-
fully support and protect all such structures and/or utilities so
that there will be no failure or settlement Where it is necessary
01001-4
to move services, poles, guy wires, pipelines or other obstructions,
the Contractor shall notify and cooperate with the utility owner In
case damage to an existing structure or utility occurs, whether fail-
ure or settlement, the Contractor shall restore the structure or
utility to its original condition and position without compensation
from the Owner
Contractor shall repair or replace all damaged street surfaces,
driveways, sidewalks, curb and gutter, fences, drainage structures,
or other structures, to the satisfaction of the Engineer and the
Owner Structures shall be restored to a condition equal to or bet-
ter than the original condition and of a similar material and design
The costs of such repair or replacement shall be borne by the Con-
tractor and shall be included in the Proposal
The Engineer has shown all existing piping, valves, electrical con-
duits, utility poles, etc as best can be determined from available
records The Contractor shall verify the type, size, and location of
all existing piping and valves in the construction area All piping,
valves, electrical conduit, etc in the construction area shall be
removed and/or relocated as necessary in a manner acceptable to the
Engineer, and no additional compensation will be considered for re-
locating any of these items whether shown on the plans or not
1 15 REFERENCE STANDARDS
Reference to the standards of any technical society, organization, or
association, or to codes of local and state authorities, shall mean
the latest standard, code, specification, or tentative specification
adopted and published at the date of taking bids, unless specifically
stated otherwise
1 16 METHODS OF OPERATION
The Contractor shall inform the Engineer in advance concerning his
plans for carrying on each part of the work, but the Contractor alone
shall be responsible for the safety, adequacy, and efficiency of his
plant, equipment, and methods
Any method of work suggested by the Owner or Consulting Engineer, but
not specified, shall be used at the risk and responsibility of the
Contractor, and the Consulting Engineer and Owner will assume no
responsibility therefor
Review by the Owner or Consulting Engineer of any plan or method of
work proposed by the Contractor shall not relieve the Contractor of
any responsibility therefor, and such review shall not be considered
as an assumption of any risk or liability by the Owner or Consulting
Engineer, or any officer, agent, or employee thereof The Contractor
shall have no claim on account of the failure or inefficiency of any
plan or method so reviewed
01001-5
The Owner and the Consulting Engineer will not be responsible for any
act or omission of the Contractor, or any subcontractor, or any of
their agents or employees, or any other persons performing any of the
work The Owner and Consulting Engineer will not be responsible for
any failure of the Contractor or his subcontractors or any other
persons to perform the work in accordance with the requirements of
the contract documents
1 17 UNFAVORABLE CONSTRUCTION CONDITIONS
During unfavorable weather, wet ground, or other unsuitable construc-
tion conditions, the Contractor shall confine his operations to work
which will not be affected adversely thereby No portion of the work
shall be constructed under conditions which would affect adversely
the quality or efficiency thereof, unless special means or precau-
tions are taken by the Contractor to perform the work in a proper and
satisfactory manner
1 18 DEFINITIONS
Whenever the words, forms or phrases defined herein, or pronouns used
to their place occur in these specifications, or in any document or
instrument herein contemplated, the intent and meaning shall be in-
terpreted as follows
BHP - Brake Horsepower
BIL - Basic Impulse Level
BTU - British Thermal Unit
EQUIPMENT MANUFACTURER OR VENDOR - A manufacturing company engaged in
the production o equipment or materials purchased for use in this
project
GPM or gpm - Gallons per Minute
HP - Horsepower
RPA - Kilovolt Amperes
KW - Kilowatt
MGD - Million Gallons per Day
NPSH - Net Positive Suction Head
PIV - Peak Inverse Voltaqe
PF - Power Factor
RPM - Revolutions per Minute
01001-6
TDWR - Texas Department of Water Resources
THD - Texas Department of Highways and Public Transportation
1 19 STANDARDS
Reference to technical society, organization or body is made in
Specifications in accordance with the following abbreviations
AASHO American Association of State Highway Officials
AIA
American
Institute of Architects
ACI
American
Concrete Institute
AGA
American
Gas Association
AGMA
American
Gear Manufacturer's Association
AISI
American
Iron and Steel Institute
AISC
American
Institute of Steel Construction
AMCA
Air Movi
ng and Conditioning Association
ANSI
American
National Standard Institute
ASA
American
Standards Association
ASHRAE
American
Society of Heating, Refrigeration and Air
Condit
ioning Engineers
ASME
American
Society of Mechanical Engineers
ASTM
American
Society for Testing Materials
AWSC
American
Welding Society Code
AWWA
American
Water Works Association
CSI
Construc
tion Specification Institute
FIA
Factory
Insurance Association
FM
Factory
Manual
FS
Federal
Specification
IEEE
Institut
e of Electrical and Electronic Engineers
NAAMM
National
Association of Architectural Metal Manufacturers
NBFU
National
Board of Fire Underwriters
NEMA
National
Electrical Manufacturers Association
NEPA
National
Fire Protection Association
NBS
National
Bureau of Standards
NEC
National
Electric Code
OSHA
Federal
Occupational Safety & Health Act, 1970
SMACNA
Sheet Me
tal and Air Conditioning Contractors National
Associ
ation, Incorporated
SPR
Simplifi
ed Practice Recommendation
UBC
Uniform
Building Code
UL
Underwri
ters Laboratories, Inc
1 20 HANDLING MATERIALS NOT APPROVED
The Contractor shall remove from the site any materials found to be
damaged, and any materials not meeting the specifications These
materials shall be removed promptly, unless the Engineer will accept
the materials after repairing Materials found to be damaged, or not
acceptable to the Engineer, shall be removed Inspection before in-
stallation shall not relieve the Contractor from any responsibility
to furnish good quality materials
01001-7
1 21 WATER FOR CONSTRUCTION
The Contractor may purchase water as required for construction pur-
poses at the Owner's published rate of charge through existing fire
hydrants If the Contractor desires to take water at fire hydrants,
then he shall install at his expense, a slow closinq valve on the
outlet and a suitable meter When the Contractor is using water from
the hydrant, he shall open the hydrant valve in the morning and use
the valve which he has installed for control at all other times At
night, upon cessation of construction operations, the hydrant valve
shall be closed At all other times when the Contractor's valve
remains on the outlet, the Contractor shall keep necessary wrenches
available at the hydrant so that the valve can be quickly removed by
the City in case of fire The Owner will not be required to furnish
water unless the Contractor adheres to the above described require-
ments
1 22 DUST PROTECTION FOR EXISTING PUMPS AND MOTORS
It shall be necessary during the construction of the auxiliary back-
wash connection to break out and remove existing concrete around the
doorway as shown on the Plans During this operation, and any other
operation where dust, particles, or paint may become airborne, the
Contractor shall provide a curtain barrier around the work area
This barrier shall be erected in such a manner so that no dust, par-
ticles, or paint may reach any of the existing pumps or motors
END OF SECTION
01001-8
03305 CAST-IN-PLACE CONCRETF
1 00 GENERAL
Concrete shall be composed of portland cement, fine aggregate, coarse
aggregate, and water, properly proportioned and mixed as hereinafter
specified All structural concrete shall be 3000 psi, concrete for
blocking, cradle, or encasement shall be 1500 psi
The Contractor or the Reinforcing Steel Supplier shall prepare and
submit detailed shop drawings for each detail of the general plans,
requiring the use of reinforcing steel Each sheet shall have a
title After the Contractor has checked and approved by stamping the
shop drawings, six (6) copies of the shop drawings shall be submitted
for approval to the Engineer in accordance with the SUPPLEMENTARY
CONDITIONS, Section 5, SHOP DRAWINGS
The Shop Drawings shall conform to the recommendations of ACI-315
2 00 PRODUCTS
2 01 MATERIALS
Portland Cement shall conform to the Specifications and tests for
Type I Portland Cement of the American Society for Testing Materials,
Designation C-150
Fine aggregate shall consist of natural, washed and screened sand
having clean, hard, strong, durable, uncoated grains complying with
the requirements for ASTM C33 The sand shall generally be of such
size that all will pass a 3/8 inch sieve, at least 95% pass a 1/4
inch screen and at least 15% be retained on a No 8 sieve Aggregate
shall not contain strong alkali, or organic material which gives a
color darker than the standard color when tested in accordance with
ASTM Specification Designation C4
Coarse aggregate shall be evenly graded and shall consist of sound,
washed and screened gravel, free of clay balls, or clean, crushed
stone, having clean, hard, strong, durable, uncoated particles free
from dust, clay balls, injurious amounts of soft, friable, thin,
elongated, or laminated pieces, alkali, organic, or other deleterious
matter Coarse aggregates shall comply with ASTM C33 and shall not
have more than 5% passing a No 4 sieve and the maximum size shall
not exceed that hereinafter specified, maximum size is defined as
being the next larger screen than the one on which 15% is retained
Reinforcing steel shall be new billet steel, deformed bars, con-
forming to ASTM Specification A615, Grade 60 All mill scale
shall be removed before placing and bars shall be kept clean until
concrete is placed The steel shall be placed in the forms as shown
03305-1
on the Plans and shall be maintained in place by wiring or by any
other effective means approved by the Engineer
Water for concrete shall be clean and free from oil, acid, alkali,
organic matter or other harmful impurities Water which is suitable
for drinking or for ordinary household use will be acceptable for
concrete Where available, water shall be obtained from mains of a
waterworks system
Where aluminum anchors, aluminum shapes, or aluminum electrical
conduits are embedded in concrete, all contact surfaces shall be
painted with zinc chromate primer to accordance with United States
Joint Army-Navy Specification JAN-P-735 The paint shall be allowed
to thoroughly dry before the aluminum is placed in contact with the
concrete
Aluminum surfaces to be placed in contact with concrete, wood, or
masonry construction, except where the aluminum is to be embedded in
concrete, shall be given a heavy coat of an alkali-resistant
bituminous paint before installation The bituminous paint used
shall meet the requirements of United States Military Specification
MIL-P-6883 The paint shall be applied as it is received from the
manufacturer without the addition of any thinner
All steel or other ferrous metal to be mounted on or placed in
contact with dry/cured concrete such as valve operator floor stands,
electrical switchgear, etc , shall be painted on the mounting surface
in accordance with Section 09905, PLANT PAINTING
3 00 EXECUTION
3 01 CONCRETE PROPORTIONS AND CONSISTENCY
Concrete shall be proportioned to give the necessary workability and
strength and shall conform to the following governing requirements
Min 28 Day Min Cement Max Size Max Water
Compressive Bags Per of Coarse Gals Per Slump
Strength-psi Cu Yd Aggregate Baq Inches Use
3,000 5 5 1" 6 25 4-6 General
The proportions of fine and coarse aggregate shall be such that the
requirements of the following table are complied with
Maximum Size of Coarse Aggregate
Ratio of Coarse Aggregate to Fine
Aqgregate on Basis of Dry and
Rodded Volumes
151mum maximum
3/4" 0 6 1 5
1" and Over 1 0 2 0
03305-2
In no case shall the amount of coarse material be such as to produce
harshness in placing and honeycombing in the structure when forms are
removed
In the determination of the amount of water required for mix, con-
sideration shall be given to the moisture content of the aggregate
The net amount of water in the mix will be the amount added at the
mixer, plus the free water in the aggregate, and minus the absorption
of the aggregate, based on thirty (30) minutes absorption period No
water allowance will be made for evaporation after batching
The methods of measurement of materials shall be such that the pro-
portions of water to cement can be closely controlled during the
progress of the work and easily checked at any time by the Engineer
or his representative To avoid unnecessary or haphazard changes in
consistency, the aggregate shall be obtained from sources which will
insure a uniform quality and grading during any single day's opera-
tion and they shall be delivered to the work and handled in such
manner that the variation in moisture content will not interfere with
the steady production of concrete of reasonable degree of uniformity
All sources of supply shall be approved by the Engineer
All material shall be separately and accurately measured Measure-
ment may be made by weight or by volume, as may be elected by the
Contractor, however, all equipment for measurement of materials shall
be subject to approval by the Engineer
The proportions of the mix shall be such as to produce concrete that
can be puddled readily into the corners and angles of the forms and
around the reinforcing without excessive spading or vibrating, and
without segregation or undue accumulation of water or laitance on the
surface
3 02 PLACING CONCRETE
The Contractor shall give the Engineer sufficient advance notice
before starting to place concrete in any unit of the structure to
permit inspection of the forms, the reinforcing steel placement, and
preparation for pouring Unless authorized by the Engineer, no
concrete shall be placed in any unit prior to the completion of all
form work and the placement of all reinforcement for that unit
The operation of depositing and compacting the concrete shall be
conducted so as to form a compact, dense, impervious mass of uniform
texture, which will show smooth faces on all surfaces The placing
shall be so regulated that the pressures caused by the plastic
concrete shall not exceed the loads used in the design of forms
Careful attention shall be given by the Contractor to the proper
curing of all concrete The curing methods shall use sheet materials
conforming to ASTM C171 or membrane curinq compound conforming to
ASTM C309 Membrane curing is not permitted on surfaces to be rubbed
03305-3
or on surfaces on which additional concrete, mortar or terrazzo is to
be applied
Unless the curing method is otherwise noted or specified, the curing
method shall be selected by the contractor and submitted to the
Engineer for approval
All concrete shall be cured for a period of seven consecutive days
3 04 PATCHING EXISTING CONCRETE
The Contractor shall replace and repair concrete surfaces as shown on
the Plans
Concrete shall receive a Thoro "Thoroseal" coating Surfaces shall
be clean, sound and free of dirt, loose mortar, fins or projections
Patch cracks, honeycombs, holidays or other defects with Thoro
"Thorite," mixed in accordance with manufacturer's written
instructions
Dampen surface prior to application Mix "Thoroseal" with clean
water and one (1) part Thoro "Acryl 60" concentrate to three (3)
parts of Thoroseal Apply first coating with stiff brush at the rate
of 2 pounds per square yard Follow with second coat applied at the
same rate Finish coat shall be applied and floated to uniform
texture with sponge float
END OF SECTION
03305-4
05710 MISCELLANEOUS METALS
1 00 GENERAL
1 01 SCOPE
Furnish and install all miscellaneous and ornamental specialty metal
work shown on the drawings or specified herein Provide anchors,
hangers, rods, bars, brackets or fasteners required to complete this
work and to connect to work by others Provide inserts for concrete
where necessary
Submit six (6) copies of shop drawings for all miscellaneous metals
in accordance with Section 5 of the SUPPLEMENTARY CONDITIONS, SHOP
DRAWINGS, for Engineer's approval prior to beginning any work
1 02 FABRICATION
When a specific manufacturer's article or apparatus is specified, it
shall be applied, assembled, or otherwise installed in accordance
with the manufacturer's specifications
Insofar as possible, all items shall be shop fabricated and assembled
ready for erection Fabricate articles to proper shape with sharp
lines and smooth surfaces Connections shall be securely welded,
bolted or riveted and welds shall be dressed smooth on exposed sur-
faces Thickness of metal and component parts shall be of size ade-
quate to withstand strains reasonably anticipated for its usage
Provide lugs, rabbets or brackets to allow for proper assembly and
close fit Exposed edges and ends of metal shall be dressed smooth
where exposed
Castings shall be of proper design, sound and exposed parts shall
have no blemishes Remove fins, casting lugs, or other unnecessary
parts, grind rough edges and shape for fit with other component
parts
2 00 MATERIALS
A STEEL ROLLED SHAPES
ASTM A36, having a minimum yield strength not less than 36,000
psi
B MISCELLANEOUS STEEL
ASTM A-36 Plates and bars shall conform to ASTM A-284
05710-1
C CAST STEEL, GENERAL PURPOSE
ASTM A-27, Grade 65-35
0 CAST STEEL, STRUCTURAL
ASTM A148, Grade 80-50
E STEEL FORGINGS
ASTM A668, Class C or F
F CAST IRON
Soft, gray iron, ASTM A-48, Class 30, 30,000 psi tensile
strength Accessories and connections shall be steel unless
noted otherwise
G GALVANIZING
Galvanized metals shall conform to ASTM A-123 and ASTM A-386
H WELDING ELECTRODES
Electrodes shall be of the type required for the purpose in-
tended Use E70 series for manual arc welding
I ALUMINUM
Aluminum shall be of an alloy suitable for the function in-
tended Finish shall be as noted on the drawings, otherwise
shall be of recognized industry standard for the type of com-
ponent
J FASTENERS
Fasteners shall be of the type required for the purpose intended
and particular application and shall be of a recognized industry
standard for the type of components Fasteners shall include
Masonry Sleeve Anchors - Molly "Parasleeve", Ramset "Dyna Bolt",
or approved equal
Concrete Expansion Bolts - Hilti "Kwik Bolt" or approved equal
Hollow Wall Fasteners - Hilti "Kwik Tog" or approved equal
Plaster and Drywall Fasteners - Plastic insert wedges
Adhesive anchors - Hilti "HVA Adhesive Anchor" or approved equal
K SHOP PAINT
All ferrous metals shall receive one coat of rust-inhibitive
primer as specified in Section 09905, PLANT PAINTING
05710-2
CORRUFORM METAL
Standard weight galvanized steel deck, having a depth of 15/16
inch, pitch of 3-3/4 inches, weight of not less than 1 13 pounds
per square foot, Moment of Inertia = 0 0783, Section Modulus =
030 in 4 minimum Above requirements are minimum Plans may
require other types and sizes
WELD WASHERS
Furnish welding washers of a design to conform to deck configu-
ration for all welds
3 00 EXECUTION
3 01 MISCELLANEOUS STRUCTURAL FABRICATION
Steel components shall be shop fabricated of standard structural
shapes, or bent plates to the designs shown on the drawings Frames
shall be shop assembled by welding or bolting Set frames in place
plumb, level and square in all directions and securely brace to pre-
vent displacement until built into construction
3 02 MISCELLANEOUS FABRICATION
Fabricate all miscellaneous steel components, rack, stands, supports,
or other items to the design noted on the drawings and utilizing
structural shapes, bent plates, sheet steel or other material as
required to construct the item Generally, assembly shall be by
welding with all joints ground smooth Provide brackets, fillets,
plates and anchor bolts as required and finish with one coat of shop
paint
3 03 MISCELLANEOUS FRAMES
Fabricate frames as detailed by welding, bolting or fasteners using
best modern practice Frames shall be true to dimension and shall be
set plumb and securely braced to prevent displacement until built
into construction
Provide welding frames at each roof penetration for mechanical equip-
ment, including exhaust fans, flues and ventilators Frames shall be
field welded across top chords of steel joist and shall be of sizes
required by equipment Provide holes in outstanding angle legs for
bolting wood curbs
3 04 STEEL STAIR FRAMING
Modify steel stair framing as shown on the Plans and as specified
herein Exposed welds to be welded and ground smooth Provide clo-
sure plates for all open ends exposed to view Weld closure plates
continuous and grind all welds smooth
05710-3
All splices and points shall be field welded continuously with welds
ground smooth Miter all corners Provide clip angles and connec-
tion plates for anchoring section to one another Structural compo-
nents not exposed to view may be bolted All other connections shall
be secured by welding
3 05 WELDED FIELD CONNECTION
Welds shall be made only by operators wh
by tests, as prescribed by the "Standard
the "Structural Welding Code - Steel" by
to perform the type of work required T
the certification that welders have pass
six months dust prior to performance of
be of the type indicated on the drawings
welding must be approved
3 06 STEEL PIPE HANDRAILS
o have previously qualified
Qualifications Procedure" in
the American Welding Society
he Contractor shall provide
ed qualification test within
work All field welds shall
or specified herein All
Where shown on the Plans, fabricate steel handrails to match existing
handrails Handrails shall be shop fabricated using 1-112" I P S
Schedule 40 steel pipe with all welded construction Connect hand-
rails to stair stringers in field and weld each part completely a-
round the pipe Grind welds smooth at all points Return handrail
to wall at all ends and anchor with wall flanges Provide wall brac-
kets as noted of malleable iron with concealed fasteners
3 07 STEEL GRATING (Galvanized)
Remove grating to limits shown on the Plans
END OF SECTION
05710-4
09905 PLANT PAINTING
1 00 GENERAL
1 01 SCOPE
The work covered by this item of the Specifications includes
furnishing all paint, labor, and materials and performing all
operations in accordance with this section of the Specifications and
the applicable portion of the Plans
The Contractor shall furnish all labor, material, equipment and
services for cleaning and painting of surfaces as follows
A All metal work, equipment and machinery (except stainless steel,
aluminum, and architectural work)
B All exposed piping except PVC piping (including existing
piping to be relocated)
C All structural steel
Finish field painting shall not be applied to machinery, equipment or
other piping until operational tests are completed
Architectural painting shall be in accordance with Section 09915,
ARCHITECTURAL PAINTING
1 02 STORAGE AND CLEAN-UP
The Contractor shall use one convenient location at each site for
keeping all materials and doing all mixing, etc Floor of this space
shall be properly protected with drop cloths Oily rags and waste
shall be frequently removed and under no circumstances shall they be
allowed to accumulate At the completion of the work, the Contractor
shall clean off all paint spots, oil and stain from all surfaces and
leave the entire project in a satisfactory condition
1 03 SUBMITTALS
The Contractor shall submit six (6) sets of full and complete shop
drawings on the paint in accordance with the SUPPLEMENTARY
CONDITIONS, Section 5, SHOP DRAWINGS All of the data shall be
complete and shall include a complete description of the paint system
offered, including color codes and all pertinent engineering data
required for a complete evaluation of the submittal Submittal data
shall be to such form and so presented that the Engineer may readily
review the data
09905-1
2 00 PRODUCTS
2 01 MATERIALS
A GENERAL
Coatings shall be delivered to the fob in original containers
marked with the name of the manufacturer and the specification
number The coating shall not show excessive settling in a
freshly opened full can and shall be easily redispursed with a
paddle to a smooth, homogenous state It shall show no
curdling, levering, caking, or color separation and shall be
free from lumps and skins
Only the highest grade paint of each manufacturer and that which
is suitable for the use intended will be approved Only those
thinners and solvents specified in the paint formulas shall be
used More than the prescribed amount of thinner may be added
only to the extent of maintaining the minimum spreading rate
designated in each individual formulation
Colors shall be submitted to the Owner for approval
Color coding of pipework shall meet the requirements of the
Texas Department of Health
B RUST PENETRATING SHOP PRIMER
This primer shall be Tnemec 37-77 Chem-Prime, or approved equal,
applied to a dry film thickness of 2 5 mils Primer and finish
coats must be the product of one manufacturer
C EPOXY PAINT
Paint for all miscellaneous surfaces shall be Tnemec Series 66
Epoxoline as manufactured by Tnemec Company, Inc , Valspar
Series 89 Series, or approved equal In the event the Con-
tractor wishes to substitute the products of another manufac-
turer, then he shall apply to the Engineer in writing requesting
permission for the substitution, and shall furnish with his
request complete descriptive materials on the product he pro-
poses to use It shall be the Contractor's responsibility to
verify that the paint used for the interior surfaces is suitable
for use with potable water
2 02 PREPARATION OF METAL SURFACES
A GENERAL
All surfaces shall be suitable cleaned before applying coatings
All mill scale, rust, and other foreign matter shall be removed
by sandblasting or pickling as specified below
09905-2
FIELD PREPARATION OF SURFACES
All areas where the shop primer has been damaged shall be
cleaned to near white metal by sandblasting in accordance with
SSPC SP10, using 16 to 35 mesh sand Due precaution shall be
taken during sandblasting operations to prevent gouging and
channeling of the metal caused by excessive localized
sandblasting
All metal surfaces exposed only to the elements and direct
sunlight shall be thoroughly cleaned of all mill scale, rust,
and other foreign matter by sandblasting to a qray metal in
accordance with SSPC-SP6, "Commercial Blast Cleaninq" All
sandblasting shall be done after erection unless otherwise
approved by the Engineer
Any surface that is sandblasted shall be thoroughly cleaned of
sand and dust and the surface coated the same day it is sand-
blasted All sand used in sandblasting operations, sediment
in the clarification basin, rust, paint and scale accumulating
from cleaning operations, and all other material in the basin,
shall be removed by the Contractor All sandblasted surfaces
shall be swept clean again after all blasting is completed In
the event that sandblasted surfaces are not coated immediately
after cleaning and rust reforms on sandblasted surfaces, such
rusty surface shall be re-cleaned by sandblasting again
immediately before coating
SHOP PREPARATION OF SURFACES
All exterior metal surfaces may be shop cleaned by either
pickling or blasting as described below Heavy deposits of oil,
grease, etc , shall be removed as required before pickling or
blasting Prime and finish coats shall be as specified and are
the same for either cleaning method
Pickling All steel shall be pickled in a suitable solution
of hot sulphuric, hydrochloric, or phosphoric acid for the
time required to remove all mill scale, rust, and scale
The solution shall contain an inhibitor to prevent base
metal attack After draining momentarily, all steel shall
be thoroughly rinsed with water Following water rinsing,
the steel shall be immersed in hot dilute phosphoric acid
to further neutralize the surface and to provide a rust
inhibitive iron phosphate paint base The primer shall be
applied while the steel is still warm except for the case
of large assemblies where the separate parts must be
pickled before assembling
Blasting All exterior steel surfaces shall be grit blasted
to remove all mill scale, rust and scale To insure proper
09905-3
cleaning, the metal
metal finish and the
larger than that pas
surface shall be pri
of dust, oil or mots
WORKMANSHIP
surfaces shall be blasted to a gray
maximum particle size shall be no
sing a 16 inch screen The blasted
med immediately after cleaning and free
ture at the time of painting
All paint and finishing materials shall he applied by skilled
workmen and shall be brushed or sprayed in even, thorough coats,
without runs, crazing, sags or other blemishes All coats,
regardless of the material, shall be thoroughly dry before
applying succeeding coats Full drying time as recommended by
the manufacturer of the particular paint involved shall be
allowed between coats Enamel, paint, or shellac shall be
properly sanded between coats All products shall be applied in
accordance with the manufacturer's recommendations
3 00 EXECUTION
3 01 SURFACES TO BE PAINTED
MISCELLANEOUS METAL SURFACES
All exposed unpainted structural steel, piping (except PVC),
valves, stairs and equipment shall be given a minimum of two (2)
coats of epoxy paint as follows
Approximate Dry Film
Thickness (Mils)
1st Coat Tnemec Series 66
Epoxoline, or
approved equal 4 - 6
2nd Coat Tnemec Series 66
Epoxoline, or
approved equal 4 - 6
Storage mixing, straining, thinning, and application of paint
shall be in accordance with manufacturer's recommendations
After two coats have been applied, the paint film thickness will
be checked by the Engineer The total final dry film thickness
shall not be less than 10 0 mils (Thousandths of an inch) as
measured by an elcometer or equivalent If 10 0 mils are not
obtained in two coats, additional finish coats shall be added
until a minimum of 10 0 mils is obtained A stripe coat of
epoxy paint shall be applied on all edges, welds, and crevices
before the first coat is applied
09905-4
The Engineer will also check the entire coated surface with a
Tinker and Razor K-1 Holiday Detector, or equal Areas
containing holidays shall receive additional finish coats until
holiday-free
END OF SECTION
09905-5
11000 GENERAL EQUIPMENT STIPULATIONS
1 01 SCOPE
These General Equipment Stipulations apply, in general, to all
equipment They supplement the detailed equipment specifications but
in case of conflict the detailed equipment specifications shall
govern
1 02 COORDINATION
The Contractor shall assume full responsibility for coordination of
the entire project, including verification that all structures,
piping, and equipment components to be furnished and installed by him
are compatible For equipment to be furnished by Owner and installed
under this contract, the Contractor shall be responsible for proper
installation, startup and all necessary adjustments so that the
equipment is placed in proper operation condition
1 03 ADAPTATION OF EQUIPMENT
Equipment to be furnished and installed under this contract shall be
readily adaptable for installation and operation in the structures
shown on the drawings No responsibility for alteration of a planned
structure to accommodate other types of equipment will be assumed by
the Owner Equipment which requires alteration of the structures
will be considered only if the Contractor assumes all responsibility
for making and coordinating all necessary alterations All such
alterations shall be made at the Contractor's expense
1 04 PATENT ROYALTIES
All royalties and fees for patents covering materials, articles,
apparatus, devices, or equipment (as distinguished from processes)
shall be included in prices quoted by equipment suppliers
1 05 EQUIPMENT GUARANTEE
The Contractor shall guarantee all equipment furnished and installed
by him under this contract against (a) faulty or inadequate design,
(b) improper assembly or erection, c defective workmanship or
materials, and (d) leakage, breakage, or other failure For
equipment furnished by Owner and installed under this contract, the
Contractor shall guarantee against leakage, breakage or other failure
due to improper assembly or erection and against improper
installation of the equipment The guarantee period shall be as
defined in the General Requirements
11000-1
1 06 OPERATION AND MAINTENANCE MANUALS
For each type of equipment to be furnished and installed under this
contract, the Contractor shall prepare an operation and maintenance
manual covering
A Equipment function, normal operating characteristics, and
limiting conditions
8 Assembly, installation, alignment, adjustment, and checking
instructions
C Operating instructions for startup, routine and normal
operation, regulation and control, shutdown, and emergency
conditions
D Lubrication and maintenance instructions
E Guide to "troubleshooting"
F Parts lists, and predicted life of parts subject to wear
G Outline, cross-section, and assembly drawings, engineering data,
and wiring diagrams
H Test data and performance curves, where applicable
The above information, as applicable, shall be provided for the
following equipment
1 Pressure Reducing Valves
2 Plug Valve
3 Slanting Disc Check Valve
The operation and maintenance manuals shall be in addition to any
instructions or parts lists packed with or attached to the equipment
when delivered
Manuals shall be printed on heavy, first quality paper, 8-1/2 x 11
inch size with standard 3-hole punching Drawings and diagrams shall
be reduced to 8-1/2 x 11 inches Where reduction is not practicable,
larger drawings shall be folded separately, and placed in envelopes
which are bound into the manuals Each envelope shall bear suitable
identification on the outside
Two preliminary copies of each manual, temporarily bound in heavy
paper covers bearing suitable identification, shall be submitted to
the Engineer at the time of submittal of the shop drawings After
review by the Engineer, four final copies of each operation and
maintenance manual shall be prepared and delivered to the Engineer
11000-2
not later than 90 days prior to placing the equipment into operation
The final manuals shall be bound in stiff artificial black leather,
metal hinged binders, equivalent to Wilson-Jones "Plymouth" Style
564-44, 211-3-1/2" capacity, 3-post style Operations and maintenance
manuals for equipment furnished by the owner will be provided by the
equipment supplier and will not be part of this contract
1 07 WORKMANSHIP AND MATERIALS
All equipment shall be designed, fabricated, and assembled in
accordance with the best modern engineering and shop practice
Individual parts shall be manufactured to standard sizes and gages so
that repair parts, furnished at any time, can be installed in the
field Like parts of duplicate units shall be interchangeable
Equipment shall not have been in service at any time prior to
delivery, except as required by tests
Materials shall be suitable for service conditions Iron castings
shall be tough, close-grained gray iron free from blowholes, flaws,
or excessive shrinkage and shall conform to ASTM A48
Except where otherwise specified, structural and miscellaneous
fabricated steel used in items of equipment shall conform to the
Standards of the American Institute of Steel Construction All
structural members shall be considered as subject to shock or
vibratory loads Unless otherwise specified, all steel which will be
submerged, all or in part, during normal operation of the equipment
shall be at least 1/4 inch thick
1 08 SPECIAL TOOLS AND ACCESSORIES
Equipment requiring periodic repair and adjustment shall be furnished
complete with all special tools, instruments, and accessories
required for proper maintenance Equipment requiring special devices
for lifting or handling shall be furnished complete with those
devices
1 09 PROTECTION
All equipment shall be boxed, crated, or otherwise completely
enclosed and protected during shipment, handling, and storage All
equipment shall be protected from exposure to the elements and shall
be kept thoroughly dry at all times Pumps, motors, electrical
equipment, and other equipment having antifriction or sleeve bearings
shall be stored in weathertight warehouses which are maintained at a
temperature at least 60° F
Painted surfaces shall be protected against impact, abrasion,
discoloration, and other damage All painted surfaces which are
damaged prior to acceptance of equipment shall be repainted to the
satisfaction of the Engineer
11000-3
1 10 INSTALLATION CHECK
An experienced, competent, and authorized representative of the
manufacturer or supplier of each item of equipment to be furnished
and installed under this contract shall visit the site of the work
and inspect, check, adjust if necessary, and approve the equipment
installation In each case, the equipment supplier's representative
shall be present when the equipment is placed in operation The
equipment supplier's representative shall revisit the job site as
often as necessary until all trouble is corrected and the equipment
installation and operation are satisfactory in the opinion of the
Engineer
Each equipment supplier's representative shall furnish to the Owner,
through the Engineer, a written report certifying that the equipment
(1) has been properly installed and lubricated, (2) is in accurate
alignment, (3) is free from any undue stress imposed by connecting
piping or anchor bolts, and (4) has been operated under full load
conditions and that it operated satisfactorily
All costs for this work shall be included in the prices quoted by
equipment suppliers
The Contractor shall be responsible for coordinating with each manu-
facturer concerning dates and times for installation of equipment to
insure proper scheduling of representatives visits
END OF SECTION
11000-4
15062 CAST IRON PIPE AND FITTINGS
1 00 GENERAL
The Contractor shall furnish and install all cast iron pipe and
fittings, including taps, connections, and appurtenances, either in
trenches or supported completely as shown on the Plans and specified
herein
The Contractor shall submit six (6) sets of full and complete shop
drawings on the cast iron pipe in accordance with Section 5 of the
SUPPLEMENTARY CONDITIONS, SHOP DRAWINGS All of the drawings and
data shall be complete and shall include a complete description of
the pipe offered, including all pertinent engineering data required
for a complete evaluation of the submittal Submittal data shall be
in such form and so presented that the Engineer may readily review
the data
2 00 PRODUCTS
All cast iron pipe shall be cast from Ductile Iron in accordance with
ANSI Specification A21 51 (AWWA C-151) Pipe shall be flanged as
shown on the Plans Outside coating shall be Standard Bituminous
Outside Coating, ANSI A21 4, "Standard Thickness Lininq" A
bituminous seal coat shall be applied over the mortar lining
All ductile iron pipe 6 inches in diameter and larger shall be a
minimum of Thickness Class 53 for flanges, and shall be designed for
250 psi (Class 150) in accordance with ANSI Standard A21 50 (AWWA
C-150) for laying Condition "2" and with twelve (12') feet of cover
Fittings shall have flanged points unless otherwise indicated in
accordance with ANSI Standard A21 15 (AWWA C-115)
Fittings for pipe, 12 inches in diameter and smaller shall be Class
250 gray iron castings, and fittings for pipe larger than 12 inches
in diameter shall be Class 150 ductile iron castings, all conforming
to ANSI Standard A21 10 (AWWA C-110) Coating for fittings shall be
as specified above for cast iron pipe
3;00 EXECUTION
3 01 INSTALLATION
A GENERAL
All cast iron pipe, fittings, specials, valves, and hydrants
shall be installed in accordance with the Plans and these
Specifications
15062-1
B PIPE HANDLING
Pipe, fittings shall be handled in such a manner as not to
damage the coating All dirt and trash that may be in the
barrel of the pipe, on the spigot or in the bell shall be
removed while the pipe is suspended All pipe and fittings
shall be handled with slings The use of hooks for handling
pipe will not be permitted
The pipe is to be kept clean during the installation operation
and free of all sticks, dirt, and trash and at the close of each
operating day the open end of the pipe shall be effectively
sealed against the entrance of water or obstructions
C JOINT MAKING
Making Flanqed Joints Flanged pipe shall be erected in
accordance with the controlling dimension shown on the Plans
Each piece of flanged pipe shall be thoroughly cleaned to remove
dirt, rust, grease, and other foreign matter, and flanged faces
shall be thoroughly wire brushed to insure even bearing for
gaskets and mating flanges Flange gaskets shall be 1/16" full
faced, fabric reinforced rubber gaskets Flange bolts shall be
tightened, each in turn, at a uniform rate around the joint
Finished joint shall be watertight
D PIPE SUPPORTS
Pipe supports shall be as specified in Section 05710,
MISCELLANEOUS METALS, and shall be installed and spaced as shown
on the Plans
3 02 HYDROSTATIC TEST
The auxiliary backwash connection shall be inspected at the time of
the initial filling No leakage will be allowed in the auxiliary
backwash connection
Should any part of the pipe laid disclose leakage, the Contractor
shall at his own expense, locate and repair the defective joints
3,03 DISINFECTION
All pipe shall be disinfected in accordance with Section 15079,
DISINFECTION
FND OF SECTION
15062-2
15078 MISCELLANEOUS PIPING AND FITTINGS
1 00 GENERAL
The Contractor shall furnish and install all miscellaneous piping,
fitting, and appurtenances as located on the plans and specified
herein Six (6) sets of full and complete shop drawings shall be
submitted all miscellaneous piping in accordance with Section 5 of
the SUPPLEMENTARY CONDITIONS, SHOP DRAWINGS All of the drawings and
data shall be complete and shall include a complete description of
all the miscellaneous piping equipment including all pertinent
engineering data required for a complete evaluation of the submittal
Submittal data shall be to such form and so presented that the
Engineer may readily review the data
2 00 PRODUCTS
2 01 COPPER PIPE AND FITTINGS
Copper pipe for water service shall be Type "K" hard-drawn copper
tubing Connections shall be made using cast brass or copper sweat
fittings and Sil-Fos or equal hard solder Union adaptors shall be
used at ends of copper lines and at connections to equipment so that
piping can be disconnected without unsoldering the joints
Joints in copper piping shall be "sweated" with 50-50 solder Before
making up joints, all copper shall be cleared to bright metal with
emery cloth and treated with "No-kerrode" or equal flux
2 02 PIPE COUPLINGS
Victaulic style couplings shall be Style 31 as manufactured by
Victaulic Company of America, comprising ductile iron housing clamps
and triple seal gasket Pipe shall have shouldered or collard ends
for positive thrust anchorage
2 03 PIPE SUPPORTS
Adjustable pipe supports under valves and piping shall be Grinnell
Figure 264 or approved equal, comprising of cast iron saddle,
threaded nipple, and reducer assembly with extra strength steel pipe
and floor flange For special sizes and shapes of valves, saddle
shall be fabricated steel to fit valve or piping being supported
END OF SECTION
15078-1
15079 DISINFECTION
1 00 GENERAL
The Contractor shall disinfect all new domestic water lines,
furnishing all labor, equipment and material necessary to complete
the disinfection of the pipe as herein provided and to the
satisfaction of the Engineer
2 00 PRODUCTS
Chlorinating agent used for disinfection shall be a calcium
hypochlorite dry powder such as HTH or other chlorinating agent
approved by the Engineer
3.00 EXECUTION
Pipe shall be disinfected by the application of a chlorinating agent
into the water used for the initial fillinq The chlorinating agent
shall be applied at or near the beginning point from which the line
is being filled The water being used to fill the line shall be
controlled by flow into the section to be disinfected very slowly and
the application of the chlorinating agent shall be in such proportion
to the rate of flow entering the pipe that the chlorine dose applied
to the water shall be at least 50 parts per million The chlorine-
treated water shall be retained in the main at least twenty-four (24)
hours After the chlorine-treated water has been retained for the
required time, the chlorine residual at the pipe extremities and at
other representative points shall be at least 25 parts per million
Following chlorination, all treated water shall be flushed from the
system until the remaining water shall have a chlorine content not in
excess of 1 0 parts per million
END OF SECTION
15079-1
15112 SLANTING DISC CHECK VALVES
1 00 GENERAL
The Contractor shall furnish and install one (1) disc check
valve for the backwash pump of the size and type shown on the
Plans and specified herein
Six (6) sets of full and complete shop drawings shall be submitted in
accordance with Section 5 of the SUPPLEMENTARY CONDITIONS, SHOP
DRAWINGS The drawings and data shall include a complete description
of the valves offered, including catalogues, cuts, and all pertinent
engineering data required for a complete evaluation of the submittal
Submittal data shall be such form and so presented that the Engineer
may readily review the data
2 00 PRODUCTS
The valve shall be a slanting disc check valve Valves shall be free
opening and free closing the body shall be two (2) piece
construction of ASTM A48 cast iron with ANSI Class 125 flanges,
bolted together through the center section in a manner to capture tie
seat on a 55° angle The seat ring and disc ring shall be ASTM B584,
centrifugally cast bronze, and must be hand replaceable in the field
The area through the valve body shall be equal to or greater than the
full pipe area The valve shall have sufficient clearance around the
pivot pins to permit free seating Pivot pins shall be constructed
of ASTM A582 Stainless Steel and bushings of ASTM A269 Stainless
Steel The valves shall have a valve disc position indicator showing
the position of the disc
The slanting disc check valve shall be APCO Series 800 model, or
approved equal
3 00 EXECUTION
Valves shall be carefully handled and installed in such a manner as
to prevent damage to any part of the valve
END OF SECTION
15112-1
15117 AIR RELEASE VALVES
1 00 GENERAL
The contractor shall furnish and install an air release valve of the
size and type shown on the Plans and specified herein comprising air
valve, gate valve and pipe nipple Six (6) sets of full and complete
shop drawings shall be submitted in accordance with the SUPPLEMENTARY
CONDITIONS, Section 5, SHOP DRAWINGS The drawings and data shall
include a complete description of the valves offered, including
catalogues, cuts, and all pertinent engineering data required for a
complete evaluation of the submittal Submittal data shall be in
such form and so presented that the Engineer may readily review the
data
2 00 PRODUCTS
The Air Release Valve shall have a cast iron body, bronze or
stainless steel trim, and stainless steel float Float shall be
baffled to prevent air from blowing valve closed with threaded inlet
and outlet
Air Release Valves located on the auxiliary backwash line as shown on
the Plans shall be 1" APCO Model 200A, as manufactured by the Valve
and Primer Corporation, or approved equal
3.00 EXECUTION
Valves shall be carefully handled and installed in such manner as to
prevent damage to any part of the valves
END OF SECTION
15117-1
15121 PRESSURE REDUCING VALVFS
1 00 GENERAL
The Contractor shall furnish and install a pressure reducing valve
completely as shown on the Plans and specified herein Six (6) sets
of full and complete shop drawings shall be submitted to accordance
with Section 5 of the SUPPLEMENTARY CONDITIONS, SHOP DRAWINGS The
drawings and data shall include complete descriptions of the valves
offered, including catalogues, cuts, and all pertinent engineering
data required for a complete evaluation of the submittal Submittal
data shall be in such form and so presented that the Engineer can
readily review the data
Four (4) sets of Operation and Maintenance Manuals shall be submitted
to the Owner prior to final acceptance of the equipment in accordance
with Section 11000, GENERAL EQUIPMENT STIPULATIONS, 1 06, OPERATION
AND MAINTENANCE MANUALS
2 00 PRODUCTS
3 00
The contractor shall furnish and install one (1) 16" pressure
reducing valve as shown on the Plans and specified herein The
pressure reducing valve shall be a hydraulically operated, single
pilot, globe pattern valve The valve body shall be cast iron The
pilot valve, piston, liner, seat, and crown shall be bronze
The pressure reducing valve shall be suitable for a 150 psi working
pressure, 180 psi surge pressure, and shall be capable of reducing
150 psi inlet pressure to a discharge pressure of 22 psi The
diaphragm operated pilot valve shall be easily adjustable providing
discharge pressure range of 30 psi
Valve shall come complete with a stop check piston, automatically
closing the valve when the inlet pressure drops below the outlet
pressure, and two glycerin filled pressure gauges with snubber
fittings, one to monitor upstream pressure in psi, and one to monitor
downstream pressure in psi
Pressure reducing valve shall be GA Industries, Fig No 4500-DC, or
approved equal
EXECUTION
Valves shall be carefully handled and installed in such a manner as
to prevent damage to any part of the valves
FND OF SECTION
15121-1
15132 ECCENTRIC (PLUG) VALVES
1 00 GENERAL
1 01 SCOPE
This section covers the furnishing of a 16-inch plug valve and valve
operator as listed in the schedule below Plug valves shall be
DeZurik, Homestead or approved equal
2 00 PRODUCTS
P 01 MATERIALS
A VALVE SCHEDULE
The required valve
and certain
pertinent
data are given below
Max
Max
No
Diff
Velocity
ReW d Description Size
Ends PSI
(f p s )
Operation/Type Service
1 Isolation 16"
F E 180
15
Manual/Vault Exposed
Valve Auxi-
Handwheel Operator
liary Back-
wash Connec-
tion
B CONSTRUCTION
The plug valve shall be an eccentric valve of the non-lubricated
quarter-turn type with resilient faced plugs, nickel seats, and
flanged end connections No metal to metal seating surfaces
will be allowed Valves shall be bubble tight as rated pres-
sures with flow in either direction and shall be satisfactory
for applications involving valve operation after long periods of
inactivity The manufacturer shall have manufactured tight clos-
ing, eccentric plug valves of this type service for a period
of at least five (5) years Manufacturer shall submit an expe-
rience record with their bid submittal In addition, the manu-
facturer shall provide proof of design for bi-directional leak-
age test results, in accordance with AWWA C504-80, Section 5 5
1 Valve Bodies Valve bodies shall be constructed of cast
iron Class B for flanged end valves Flange
shall be 125 lb standard and drilling shall be in accor-
dance with ANSI B16 1 Valve body laying length shall be
in accordance with AWWA C500 All valves shall be of the
bolted bonnet design Plug valves shall be provided with
adjustable mechanical stops
15132-1
2 Plug Facin The valve shall have resilient plug facings
construe a of neoprene and suitable for treated domestic
water Seats shall be overlaid with thick welded and
machined nickel The port area for the 16" valve shall be
70 percent of full pipe area
3 Valve Bearings Valves shall have bronze bearings and 316
s a nless s-eel sleeves in the upper and lower plug stem
journals
4 Valve Packing Valves shall be furnished with multiple
V -ring pacKing constructed of Buna-N or 0-ring cartridge
seal Packings shall be adjustable by means of an adjust-
able packing gland if V-ring packing is used The valves
shall be designed such that they can be replaced without
removing the bonnet
5 Operator Valve shall be equipped with a handwheel opera-
o~ r--'Tperator gearing shall be sufficient to allow opera-
tion of the valve by an individual exerting a maximum force
of 80 pounds
6 Painting Plug valve shall be cleaned to bright metal and
given a shop coat of rust inhibitive primer in accordance
with Section 09905, PLANT PAINTING, prior to shipment
END OF SECTION
1F132-2
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