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Home My WebLink About2003-295 Layne 17hristensen Company 3 11 Indian River County , Florieda Department / Utility Services South County , Water Treatment Plant Wellfield Rehabilitation, Conformed • Specifications B • Set i • Number .5102 August 2003 Camr • Dresser i McKee Inc . • ~s 1701 State Road , Vero Beach , • • ProjectCDM • 38392 � 1 51 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES CONTRACT FORMS AND SPECIFICATIONS FOR SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION, PHASE II Camp Dresser & McKee, Inc . �+ 1701 Highway A- 1 -A, Suite 301 Vero Beach, Florida 32963 IRC BID NO* 5102 AUGUST 2003 CAMP DRESSER & McKEE INC . Vero Beach, Florida CDM No . 6706-38392 CONFORMED SET WILLIAM C . NELSON, P . E. ERIC J . GROTKE, P . E. Florida Registry No . : 42017 Florida Registry No . : 47635 (INSTRUMENTATION) (CIVIL/SOLID WASTE) TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00310 Bid Form 00430 General Contractor Questionnaire 00450 Schedule of Suppliers 00452 Disclosure of Relationships 00456 General Information Required for Bidders 00460 Alternate Suppliers 00470 Schedule of Cost for Major Structures and/ or Areas of Work 00480 Non-collusive Affidavit 00485 Authority to Execute Contract 00530 EJCDC - Agreement Between Owner and Contractor 00610 Construction Performance Bond 00612 Construction Payment Bond 00700 General Conditions 00800 Supplementary Conditions 00850 Drawing Index 00900 Addenda DIVISION 1 - GENERAL REQUIREMENTS 01000 Summary of Work 01060 Regulatory Requirements and Notification 01090 Reference Standards 01152 Applications for Payment 01153 Change Order Procedures 01170 Special Provisions 01200 Project Meetings 01300 Submittals 01311 Construction Schedules 01370 Schedule of Values 01410 Testing Laboratory Services 01510 Temporary Utilities 01560 Temporary Controls 01600 Material and Equipment 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01735 Equipment Operation and Maintenance Instructions 01740 Warranties and Bonds DIVISION 2 - SITE WORK 02100 Site Preparation 02200 Earthwork 02401 Dewatering 02485 Sodding 02660 Testing and Inspection of Water Mains 6706-38392\8/20/03 i VRB 02677 Raw Water Supply Well and Wellhead 02830 Fencing DIVISION 9 - FINISHES 09902 Field Painting DIVISION 11 - EQUIPMENT 11214 Vertical Turbine Pump and Appurtenances DIVISION 13 - SPECIAL CONSTRUCTION 13300 Process Instrumentation and Controls — General Provisions END OF SECTION 6706-38392\8/20/03 ii VRB INFORMATION SHEET ' Indian River County Department of Utility Services South County Water Treatment Plant Wellfield Rehabilitation - Phase II ' 6706 -38392 - 151 ' COST FOR PLANS & SPECS : $ 75 Non- refundable COST ESTIMATE : Approximately $ 700,000 ' BID OPENING DATE : September 24, 2003 PREBID MEETING DATE : September 10, 2003 at 10 : 00 ain Non- Mandatory South County Water Treatment Plant 1550 SW 91h Street Vero Beach, Florida 32962 � DIVISION 0 � BIDDING AND CONTRACT � REQUIREMENTS SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Indian River County will receive sealed bids until September 24, 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "South County Water Treatment Plant Wellfield Rehabilitation, Phase II". All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 Wh Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2 : 00 P .M. All bids received after 2 : 00 P .M. , of the day specified above, will be returned unopened. INDIAN RIVER COUNTY BID #5102 SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION, PHASE H All material and equipment furnished and all work performed shall be strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from Camp Dresser & McKee Inc . , 1701 State Road AIA, Suite 301 Vero Beach FL 32963 Eric J Grotke P E (772-231 - 430D. Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of seventy five dollars and no cents ($75 . 00) for each set, which represents cost of printing, handling and mailing and is non refundable . All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications. A BID BOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier' s check on any bank authorized to do business in the State of Florida, in the sum of not less than five percent (5 %) of the total amount of bid, made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond. If he fails to do so, he shall forfeit the said Bid Bond as liquidated damages . The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interest of Indian River County Florida. A Pre-Bid Conference meetin1l will be held at 10 : 00 A.M. on Wednesday, September 10 2003 at the South County Water Treatment Plant located at 1550 SW 9th Street, Vero Beach, Florida 32962 . INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal (Date(s)) : August 27, 2003 Please furnish tear sheet and Affidavit of Publication to : September 3 , 2003 INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19th Avenue, Vero Beach, FL 32960 END OF SECTION 6706-38392\8/20/03 00020- 1 VRB (This Page Intentionally Left Blank) 6706-38392\8/20/03 00020-2 VRB SECTION 00100 INSTRUCTIONS TO BIDDERS (Based Upon EJCDC No . 1910-8 , 1996 Ed. ) 1 .01 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8 , 1996 ed.) have the meanings assigned to them in the General Conditions . The term "Bidder" means one who submits a bid directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term " Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, The Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) . 1 .02 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer (Eric J. Grotke, P .E., Camp Dresser & McKee Inc ., 1701 State Road AIA, Suite 301 , Vero Beach, Florida 32963 , 772-2314301 ). B . Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. i, C . Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents . 1 .03 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. 1 . 04 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or furnishing of the work, (c) consider federal, state, and local laws and regulations that may affect costs, progress, performance, or furnishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. 6706-38392\8/20/03 00100- 1 VRB B . Reference is made to the Supplementary Conditions for identification of: 1 . Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction. y To obtain access to the site, the following shall be contacted: Aaron J. Bowles, P.E. , Environmental EnLineer, 772-567-8000 x1822. Project work site is located at the South County Water Treatment Plant at 1550 SW 91` Street, Vero Beach, as shown on the construction plans . 2 . Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 1 .04.131 and 1 .04 .132 are incorporated therein by reference . Such technical data has been identified and established in the Supplementary Conditions, C . Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. D. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4 . 02, 4 . 03 , and 4 .04 of the General Conditions. E. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents . F> On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. G. The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided 6706-38392\8/20/03 00100-2 VRB by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. H. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 1 .05 INTERPRETATIONS AND ADDENDA A. All questions about the meanings or intent of the Contract Documents are to be directed to Camp Dresser and McKee Inc. — Eric J. Gro tke, P.E., at (772) 231-4301 . Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for the 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. B . Addenda may also be issued to modify the Bidding Documents as deemed advisable by IOwner or Engineer. 1 .06 BID SECURITY A. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5 .01 of the General Conditions . B . The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned . Bid security with bids which are not competitive may be returned before the end of the sixty-day period. 6706-38392\8/20/03 00100-3 VRB I 1 . 07 CONTRACT TIME The number of days within which, or dates by which, the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form (Section 003 10) and the Agreement (Section 00530). 1 .08 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement (Section 00530). 1 . 09 SUBSTITUTE OR " OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or " or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraph 6 .05 of the General Conditions and may be supplemented in the General Requirements, 1 . 10 BID FORM A. The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office) . B . All blanks on the Bid Form must be completed in ink or by typewriter. C . Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. D. Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. E. All names must be typed or printed below the signature. F . The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form). G. The address and telephone number for communications regarding the Bid must be shown. 1 . 11 SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent 6706-38392\8/20/03 001004 VRB through the mail or other deliverysystem, the sealed envelope shall be Y p enclosed in a separate envelope with the notation 'BID ENCLOSED " on the face of it. ' A. The Bidder shall submit the Bid in duplicate on the forms, or an exact copy e of the forms, famished herewith. The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. B . The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents are not transferable to other parties for bidding purposes . Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected. 1 . 12 MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids . 1 . 13 OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 1 . 14 BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 1 . 15 AWARD OF CONTRACT A . Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work, and to negotiate contract terms with the Successful Bidder, and disregard all non-conforming, non-responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would be in the best interest of the Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B . In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award . C . Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major 6706-38392\8/20/03 00100-5 VRB items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award . D . Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. E. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. F . If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. G. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. H. Within ten ( 10) calendar days of the date of award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver the necessary documents entering into the Contract with the Owner. Payment Bond for the total amount of the Bid and Performance Bond for 125% of the Bid shall have been furnished, executed, and delivered before the Contract will be executed by the Owner. I. Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract and the Surety Corporation Bond in the manner and within the time provided shall be just cause for annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects, at the Owner's discretion. It is understood and agreed by said Bidder, that if the award is annulled for the above persons, the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages. 1 . 16 CONTRACT SECURITY Paragraph 5 .01 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds , The Performance Bond shall contain a specific provision that liquidated damages are covered by the Performance Bond . 6706-38392\8/20/03 00100-6 VRB 1 . 17 SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with required bonds . Within a reasonable time thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the drawings with appropriate identification. END OF SECTION 6706-38392\8/20/03 00100-7 VRB .>. . _ :, ,.., � � ..� N a o � . � o o w; o ►� a� c� a y �../ M O O N i N O� M 00 ('�1 �D O r. SECTION 00310 r BID FORM (Based Upon EJCDC No . 1910- 8 , 1996 Ed . ) PROJECT IDENTIFICATION : South County Water Treatment Plant Wellfield Rehabilitation r.. Phase 11 THIS BID IS SUBMITTED TO : Indian River Count 262519th Avenue Vero Beach , FL 32960 l . The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into all agreement r with Owner in the forni included in the Contract Documents to perforin and funiish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents . 2 . Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten days after the date of Owner's Notice of Award . 3 . In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that : r (a) Bidder has examined copies of all the BiddingDocuments nts and of the following Addenda (receipt of all which is hereby acknowledged ) : Date Number 9 / 2 / 2003 1 ' (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress , performance or finishing of the work . (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC-4 . 2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and ' carefully studying) all such examinations, investigations , explorations, tests, reports and 6706-38392\ 8/20/03 00310- 1 VRB studies ( in addition to or to supplement those referred to in (c ) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost , progress , performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time - and in accordance with the other terms and conditions of the contract documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions ; and no additional examination , investigations, explorations, test, reports , studies or similar information or date or will be required by Bidder for such purposes . (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations, investigations, explorations , tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 . 04 of the General Conditions . (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents . (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person , firm , or corporation and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly _ induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any person , firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner . 4 . Bidder will complete and include with the bid the Schedule of Bid Items attached to this Proposal . The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids . The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments thereunder, will be based upon the actual quantities placed into the work. 5 . Bidder agrees that the work will be completed in accordance with the following time frame : The CONTRACTOR shall be substantially completed with the work one hundred twenty ( 120) calendar days after issuance of the Notice to Proceed , in accordance with Paragraph 2 . 03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14 .07 of the General Conditions within one hundred fifty ( 150 ) calendar days after the issuance of the Notice to Proceed . 6 . The following documents are attached to and made a condition of this Bid : 6706-38392\8 /20/03 00310-2 VRB (a) Certificates of Insurance (Section 00800 ) . (b ) Certificate of Compliance with the Florida 'Treneil Safety Act (Section 00310) . (c) Questionnaires ( Section 00430) . IL (d ) Schedule of Suppliers (Section 00450) (e) Disclosure of Relationsliips (Section 00452) ( i) General Information Required for Bidders (Section 00456) (g) Alternate Suppliers (Section 00460) (h) Non- Collusive Affidavit (Section 00480) . (i ) Authority to Execute Contract (Section 00485 ). 7. Communications concerning tliis Bid shall be addressed to : Johnny Wills , Branch Manager Layne Christensen Company 2740 Mine & Mi-11 Road Lakeland , FL 33801 Telephone : ( 863 ) 666 - 243311 ( 888 ) 224 - 2269 Fax : ( 863 ) 665 - 2196 The address of Bidder indicated below is as follows : _ Layne Christensen Company 2740 Mine & Mill Road Lakeland FL 33801 8 . The teens used in this Bid which are defined in the General Conditions of the Construction Contract include as part of the Contract Documents have the meanings assigned to them in the General Conditions , SUBMITTED ON : September 24 , 2003 6706-38392\ 8/20/03 00310 -3 VRB BIDDER Layne Christensen Company 4 DATE September 24 , 2003 SCHEDULE OF PRICES - All bid items shall include costs for furnishing to the OWNER all materials, equipment, and supplies and for all costs incurred in completing the work including installation of all materials, equipment, and supplies - furnished , complete in place and ready for continued service, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. BASE BID ITEM NO . 1 — WELL IMPROVEMENTS . Purchase and installation of all new valves , column pipe assemblies , appurtenances, accessories and piping as shown and noted on the Drawings, painting, testing, disinfection , and all necessary incidentals except for those costs specifically included in the other Base Bid Price Items in this Schedule of Prices . Lump Sum $ 125 , x335 . 00 Chl ,. Cl'' 1!1•'31' _>:� t��!ai 7 5 :� _, t71S ,ilk� �? 7. ��11: Il; L-1�� ti:�:� i�! li_ lt '� 1" 1 . V?_ g _lC) :��; i.l�:i -j Written TOTAL BASE BID ITEM NO . 1 $ 126 ; 835 . 00 BASE BID ITEM NO . 2 — WELL NO . 3 ABANDONMENT. Plugging of existing production well no . 3 as shown on drawings , related permitting, testing and all necessary incidentals except for those costs - specifically included in the other Base Bid Price Items in this Schedule of Prices . Lump Sum $ 12 , 270 . 00 �ael.ve &,ousanil two hundred seventy dollars & no cents Written TOTAL BASE BID ITEM NO . 2 $ 12x270 , 00 BASE BID ITEM NO . 3 — WELL NO . 3 REPLACEMENT. Drilling of replacement production well no. 3 as shown on drawings , related permitting, testing and all necessary incidentals except for those costs specifically included in the other Base Bid Price Items in this Schedule of Prices . A . Mobilization and install 50 feet of 24 - inch steel surface casing . ` Per linear foot $ 945 . 86 Nine hundred forty five dol. l. ars & eighty six cents _ Written TOTAL FOR 50 LINEAR FEET s47 , 293 . 00 B . Drill nominal 8 - inch diameter pilot hole to 400 feet . Per linear foot $ 12 . 13 Z\,velve doll ars & thirteen cents Written TOTAL FOR 400 LINEAR FEET $ 4 , 852 . 00 6706 -38392\ 8 /20/03 00310-4 VRB C . Geophysical logging, 1 each Per eacl, 3 , 029 . 00 ' Three thousand twenty nine dol. la�rs & no cents TOTAL FOR 1 EACII Written � X029 00 D . Ream Bole to 22 -incl , diameter to 385 feet Per linear foot 28 . 75 ' Taenty eight dollars & seventy five cents . TOTAL FOR 385 LINEAR FEET Written 063 . 75 h . Install 16 -incl, diameter SDR 17 PVC prod „ dtion casing to 385 feet Pet, linear foot Sixty si _K d:311 .3 r :3 & - iE ty Three cants TOTAL FOR 385 LINEAR' FEET Written $ 251614 . J5 F. Grout production casing in place Per bag ' $ 2 .4 . 50 Bio 1. Iar-s & Fifty cmets TOTAL FOR 450 BAGS Written $ 11 , 025 . 00 G . Drill nominal 16- inch diameter hole with reverse air 315 feet below casing Per linear foot 33 . 45 Eigh-L-y eight .dollars & forty five cents ' TOTAL FOR 315 LINEAR FEET Written $27 , 861 . 75 ' 1I. Develop Well for 10 liours Per hour $ 161 . 70 OnE! hiinfdr�md sixty one dollars & e,�=• -1jni=i' cents TOTAL FOR 10 HOURS Written �� . 617 00 I . Geophysical logging, 1 each Per each $ 3 , 029 , 00 Tac,l�e tho:isand twenty nine dol Lars & :.Zo er, ts TOTAL FOR I EACII Written ' $_ 1 , 323 . :) 0 ' 6706-38392\ 8/20/03 00310 -5 VRB J . Step - drawdown tests for 5 hours Per hour $ 1 , 014 . 00 One i.' 10113aad fourteen dol. l. ars & no cents Written TOTAL FOR 5 HOURS $ 5 , 070 . 00 K. Disinfect well , 1 each Per each 1 , 825 . 00 t110118c7'ki cleft'_ i7urldred t-,ae;rty 3- ve & ent s Written TOTAL FOR 1 EACII L . Standby time for 10 hours Per hour $ 141 . .70 One h; nciced Forty one -.A(D . 11. ar s & seventy cents Written TOTAL FOR 10 HOURS $1 417 . 30 M . Extra work, 10110urs Per hour $ 161 . 70 . One hun: j ed sixty one dol. ]. -ars & seventy cents Written TOTAL FOR 10 HOURS $1 , 617 . 00 N . Install pennanent pump, complete wellhead and restore site, 1 each Per each $ �i6 , 907 . 00 5i?: :y S1 .K t'r10'1SaR.1 111_ iie il _lil:� ' .'. l ` 4eyal1 x r10 cejl`_S Written TOTAL FOR I EACII TOTAL BASE BID ITEM NO . 3 $ a1 a SS BASE BID ITEM NO . 4 — WELL NO . 4 MODIFICATIONS . Installation of replacement pump and puulp coluirm assembly, support pedestal modifications, installation of new valves and piping, as shown on drawings , painting, testing, interior disinfection , and all necessary incidentals except for those costs specifically included in the other Base Bid Price Items in this Schedule of Prices . Lump Sunt $ 131 , 434 . 00 One :1an:ii- _'. t4-J _. '11 one tI7Oiisz 1'i� Written TOTAL BASE BID ITEM NO . 4 $J3 � t134 , 01:.�) 6706 -38392\ 8 /20/03 00310 -6 VRB ' BASE BID ITEM NO . 5 - For Payment of the Performance Bond premium and consideration for indemnification to OWNER, and ENGINEER under Article 5 . 01 of the General Conditions and the Supplementary Conditions hereto . Lump Sum $ 20, 000 . 00 ' Taxi dollars & ao Written TOTAL BASE BID ITEM NO . 5 $ 2 , c) 00 1) ') ' BASE BID ITEM NO . 6 — CHEMICAL FEED SYSTEM INSTRUMENTATION ALLOWANCE . For payment to provide instrumentation upgrades related to the chemical feed system, to be specified by the OWNER at a later date . Lump Sum $ 12 000 . 00 ' Twelve thousand dollars and no cents Written TOTAL BASE BID ITEM NO . 6 $ 12 , 000 . 00 ' BASE BID ITEM NO . 7 — PLC INSTRUMENTATION UPGRADE ALLOWANCE . For payment to provide recommended upgrades to the Programmable Logic Controller to be specified by the OWNER at a later date . Lump Sum $ 45 . 000 . 00 ' Fo -five thousand dollars and no cents Written ' TOTAL BASE BID ITEM NO . 7 $ $ 45 , 000 , 00 ' BASE BID ITEM NO . 8 — ALARM AND TREND INSTRUMENTATION UPGRADE ALLOWANCE . For payment to provide upgrades to add additional alarms and trended parameters to the instrumentation system , to be specified by the OWNER at a later date. ' Lump Sum $ 12 000 00 ' Twelve thousand dollars and no cents Written ' TOTAL BASE BID ITEM NO . 8 $ 12 , 000 . 00 6706 -38392\8/20/03 00310- 7 VTZB BASE BID ITEM NO . 9 — ELECTRICAL SERVICES ALLOWANCE . For payment to provide electrical services related to the installation of a new control panel at production Well No. 4 , and miscellaneous electrical services to be specified by the OWNER at a later date . Lump Sum $ 51000 ,00 Five thousand dollars and no cents Written TOTAL BASE BID ITEM NO . 9 $ 5 , 000 . 00 GRAND TOTAL BASE BID (Sum of base Bid Item Nos . 1 through 9 ) $ SSti3 � (0" i J e �-lll.t7�.r� c.� "��s�--�--L• E'..l (', �'t'{' ��OU Ski t� � ., cYl �l � ,,� .t r � `��" ,< Written ti 6706 -38392 \8/20/03 00310- 8 VRB Trench Safety Bidder acknowledges that included in the various items of the Proposal and in the total Bid Price are costs for complying with the Florida Trench Safety Act (Florida Statues sections 553 . 60 through and including 553 . 64 ) . Bidder further identifies the costs to be summarized below : Trench Safety Units of Measure Unit (Quantity) Unit Cost Extended Cost Measure (Description ) A . SIcFinu ISO 20 B . C . 1 D Total $ 1 ,CX)D, Co '- 4toc the ov may sult in the Bid being declared non-responsive . LAYNE CHRISTENSEN COMPANY 27L40 Mi ne & Mi 'l l Roame oodma Address (Street) r Lakeland , FL 33801 Title (Address (City, State, Zip) QB-0005143 Florida Business License ( Layne Christensen Company ) CB-CO56732 ( Wilks W . Turney , Jr ) September 24 2003 Liscense Number (If Applicable) Date (SEAL- if B ' by a corporation) ■ ATTEST : 1 ' 6706-38392\ 8 /20/03 00310 -9 VRB Failure to complete the above may result in the Bid being declared non -responsive . - Signature Address ( Street) - Title Address (City, State, Zip) _ License Number (If Applicable) Date (SEAL — if Bid is by a corporation ) ATTEST: 6706-38392\ 8 /20/03 00310- 10 VRB If Bidder is : AN INDIVIDUAL By: (Individual 's Name) (SEAL) Doing business as : Business address : �I Phone Number: If Bidder is : A PARTNERSHIP By: (SEAL) (General Partner) Business address : Phone Number: r� f . t ' 6706-3839218/20/03 00310- 11 VRB i If Bidder is : A CORPORATION s By: _ LAYNE CHRISTENSEN COMPANY (Corporation Name) Dela ( State o Corpor ion ) r By :_ ame ofPerson Authorized to Sign ) Doyle Goodman , General Manager itle) (Corporate Seal) ATTEST: C� Business address : 2740 Mine & -MM Road Lakeland , FL 33801 By: (SEAL) (General Partner) Business address : If Bidder is : A JOINT VENTURE By:. (Name) (Address) By:_ (Name) (Address) (Each joint venturer must sign . The manner of signing for each individual , partnership and corporation that is a part to the joint venture should be in the manner indicated above .) - 6706-383927 \8120/03 00310- 12 VRB SWORN STATEMENT UNDER SECTION 287 . 133 (3 )(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths . ) STATE OF Florida ' COUNTY OF Escambia Before me, the undersigned authority, personally appeared Doyle Goodman '—. being by me first duly sworn, made the following statement : , who, 1 • The business address of Layne Christensen Company________ (name of Bidder or Contractor) is 2740 Mine & Mill Road ; Lakeland . FL 33801 2 • My relationship to Layne Christensen Company (name of Bidder or Contractor) is General Manager_ (relationship , such as sole proprietor, partner, president, vice president) . 3 . I understand that a public entity crime as defined in Section 287 . 133 of Florida Statutes includes a violation of any state or federal law by aerson with respect P p t to and directly related t&. the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud , theft, bribery, collusion , racketeering, conspiracy, or material misrepresentation . 4 • I understand that " convicted " or " conviction " is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 , 1989, as a result of a jury verdict, 11011-jury trial , or entry of a plea of guilty or nolo contendere. 5 . I understand that " affiliate " is defined by the, statute to mean ( 1 ) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2 ) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3 ) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an' affiliate, or (4) a person or corporation who knowingly, entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months . 6 . Neither the Bidder or Contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Bidder or Contractor nor any affiliate of the Bidder or Contractor has been convicted of a public entity crime subsequent to July 1 , 1989 . (Draw a line through Paragraph 6 if Paragraph 7 below applies) • n a here has been a conviction of a public entity crime by the Bidder or Contractor, or an officer, director, executive P r employees, member or agent of the Bidder or Contractor who is active in tine management of the Bidder or on ffiliate of the Bidder or Contractor. A determination has been made pursuant to Section 287 . 133 (3 ) by order o t ie ' 6706-38392\8/20/03 00310 - 13 VRB e Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicte ven or ' nvicted person or affiliate is " A copy of the order of the Division of Administrative Hearings is a } (Draw a line through Paragraph 7 if Paragraph 6 above applies) Srn tq and ubscribed before me in the state and county first mentioned above n the 0 day of e r , 2oD3 x (affix seal) Notary Public My commission expires A. ft/1 Y Stephanie L. Lowery MY COMMISSION # DD115484 EXPIRES July 1 , 2006 END OF SECTION BONDED THRUTROY MNINSURANCE, INC ; i + I - I , t f I 6706-38392\8/20/03 00310- 14 VRB ' SECTION 00430 ' GENERAL CONTRACTOR QUESTIONNAIRE The undersigned warrants the truth and accuracy of all statements and answers herein contained . Include additional sheets if necessary. How many years leasorganization our Y been in business as a (circle on - General Contractor/Subcontractor? ' l oC1 2 . Describe and give the date and owner of the last project that you have completed similar in type , size, and nature as the one proposed ? Rf CV ' C C� 'r 1Ck t Y ) S ' 3 . Have you ever failed to complete work awarded to you ? If so , where and why? X10 ' 4 . Name three individuals or corporations for which you have performed work and to which you refer: b31S 0.0 Mck LA- lckr)& i � d ' S . Have you personally inspected the site of the proposed work? Describe any anticipated problems with the site and your proposed solutions : ' 6 . Will you Subcontract any part of this Work ? If so , describe which portions : �.r�c. � .•� . � �-� c-� x ,r,�� -I-e l � {Y�� -�r �a � r��-i-ri � �1'� e n�-c�� c�-r� � ' n � ' J � {Yx lYl -� t nnCt( P -1- C) OAS and Qr k, 011tl'l 1t� L� � IOn 6706-38392\8 /20/03 00430- 1 VRB 7 . Please list the names and addresses of the subcontractors to be used for the portions of the work listed below . Additional information will be required in accordance with the Instructions to ;; Bidders , Item 8 . STRUCTURAL : �_Qgd-leic I yr e_. :: .t�c1l MECHANICAL : LQ �c'-r1Ir) C• ELECTRICAL : z INSTRUMENTATION : ` 1 ,, ^ 1 PAVING : X� exl t y- f'- GEOTECHNICAL: SURVEYING : 8 . What equipment do you own that is available for the work? " .Ooh ckri 1 l t tict 9 . What equipment will you purchase for the work? 10 . What equipment will you rent for the work? 11 . The following is given as a summary of the Financial Statement of the undersigned : (List Assets and Liabilities and use insert sheet if necessary . ) ( See attached . ) 2i 12 . State the true and exact, correct, and complete name under which you do business . BIDDER is : - Layne Christensen Company 6706 -38392\ 8/20/03 00430 -2 VRB ' SOLE PROPRIETORSHIP ' (Individual 's Signature) (SEAL) doing business as (Individual ' s Name) ' Business address : ' Phone No . : A PARTNERSHIP ' (Partnership Name) (SEAL) (General Partner's Signature) ' (General Partner's Name ' Business address : ' Phone No . : ' A CORPORATION LAYNE CHJtISTENSIIJ COMPANY (Corporation Name) ' Delaware ( State of Incorporation) By Do le Goodm n ame of person utl rize o sign) General Ma a r Ti e ' uthorized ignature) (Corporate S ' Attest Business address : 2740 Mine & Mill Ro d Lakeland , FL 33801 Phone No . : ( 863 ) 666 - 2433 - ( 888 ) 224 - 2269 Fax : ( 863 ) 665 - 2196 ' 6706-38392\ 8 /20/03 92\ 8 /20/03 00430 -3 uRg k: : j 13 . List the following in connection with the Surety which is providing the Bid Bond : Yd Surety's Name : Travelers Casualty and Surety Company of America Surety's Address : One Tower Square - 13 CZ P Hartford , iT 06183- 6014 Name and address of Surety's resident agent for service of process in : Florida Donald J . Dalstrom 7765 Lake Worth Road , /1308 Lake Worth , FL 33467 - 2536 14 . List the following in connection with the Surety which is providing the Payment Bond : Surety's Name : Travelers Casualty and Surety Company of America Surety's Address : One Tower Square - 13 CZ Hartford , CT 06183 -6014 Name and address of Surety's resident agent for service of process in : Florida Id Donald J . Dalstrom 7765 Lake Worth Road , X1308 Lake Worth , FL 33467 - 2536 15 . List the following in connection with the Surety which is providing the Performance Bond : ". Surety's Name : Travelers Casualty and Surety Company of America Surety's Address :_ One Tower Square - 13 CZ Hartford , CT 06183- 6014 1 Name and address of Surety' s resident agent for service of process in : Florida Donald J . Dalstrom 7765 Lake Worth Road , /1308 Lake Worth , FL 33467 - 2536 6706 -38392\8 /20/03 00430-4 VRB i i 1 END OF SECTION i 1 1 1 1 1 1 1 1 1 ! 1 6706-38392\8/20/03 00430-5 VRB (This Page Intentionally Left Blank) 6706-38392\8/20/03 00430-6 VRB OCT , 1 ; , 200 ; 12 : 33PV ' LAYNE PENSACOLA" ' NO. 952 P . '' LeyRa Chri'gregson Company and Subs;diarias SELECTED FINANCIAL DATA .r.M. ...w_ ...__. Tho fbnawing selected historical financial jnfotmat= as of and " Ma- —.. 1...� - for GIRCh of the five flacai ( SFAS 1 142 a4d recorded a nonoesh charge cf years ended 31 , 2003, has ( 814142910000 n6t of M"Kr as been derived from rhe Campany'e audited Coneadnted a cu> nulatl re effect of a chsage in accounting ptinci;?!e (see Note 3 of the Notes to leted various Consolidated Financial SmTements. The Company comp Financial statements). The Company also sold rwo operatjQg acquisitions 1n Qach of the fiscal years, except 2001 , which �• companies during ZOQ3 and c ere more fully described in Note 2 of the Notts to Com kwifted dWr tesalts as dleoon. 1 Financial Stareunents or in Previous ol'd� tinued operappns for all• yew presented (see Note 4 of the A Annual Reports. The � Notes to C�lidated g acquisdons have been accour;ted for under t) le pwchaeauneW SIMMIn tats) . The infi>itnarion I below should be read in conjunct,= wtc2l ernant's method of accounting and, accordingly, the COMPanv's oonsol- j Discussion and 1 'dated resnl� include the effects of the ac �� of �ano� Co�� and Resahs of quisitiotu from the ! zed date of each acquisition, During fiseel year 2003, the Operations and the Cot�sofidafaAc'sl Statemente and adoptod StaTament of Financial Accounting Sumclardss y Nores thereto included elsewhere is thW Annual Repast. INCOME --.... ....._.r.� ...._ r....rr _..r_. .. ' STATEMENT DATA pq inovaaeyt, an•Capr per share dairy 1 F)9CAl_ YEARS END [ p JANLlgRY Revenues 37 . 2003 2002 2001 2000 CoIIIIat of revenues (94lusive of depreciation shown below) $280'922 3289,858cIIIIIIIIII Mae lase Groom prof(t 191 ,693 208,112 ' $z�•966 5265,893 $271 f{B8 1 Selling, 219.800 185,624 194,648 B. genera ( and admip�t►ative expenses 5 624 80,848 5 70,268 98,541 Depreciation and amortization 56,87 Other Income (expenep): 14,565 17,966 Equity 50,160 47,431 Equity In earnings (losses} of affiliates 2Z70822,096 1 Interest 842 825 Ohe893 tf net (2480) (34341 (g�) (27) Mae rncorne (loss) from continuing operations before income taxes 2,069 224 7 (4818) (4,887) I1lc0me tax expense (benefit) 8,76111 IN (�! 609 Minority interest, net of taxes 4,228 (8,036! (7511 ) arm 1IIIIIII 5,17) 2A98 2 Net income (toss) from continuing operations before discontinued 11111111111 11111111 11111111 111111111 1111111111111 ...1111 (18y) (70) 118 (�) 2.615 operations, extraordinary item and cumulative affect of {265) (79} accounr)ng change , Income floes) from discontinued operations, not of taxes 2.832 11660 (6, 158) 1 LIIIoss on agile of discontinued operations, not of taxes (1 '178) (682) — (7,717) • 1 ,264 Net income (loss) before extraordinary item and cumulative efPact ( ! Ion 62 (�) of accounting change — traordfnary Ioea on early ext;nguiahmant of deb;, net of taxes 11630 1A7e ' C�mulativa effect of aceountin change, (�) n' ) 1.207 1 Net income (loss) g 9 net of taxes (14429) _ Ion — Bask earningsliiiiiiii floes) per share 3113,495) $ 1 ,078 S (5,828) (7,ea.51 S Diluted earnings (loss) per share $ 1 14) S 0.08 S 1,2010,60) S Q 0. 10 BALANCE SHEET DATA tin Mousands) AT JANUARY 31 , Working capital, excluding debt 2003 2002 Total assets ✓6 ,e1� 2001 2000 1968 Total debt 5.664 3 $0,681 $ 48.16 S 46,211 ITotal stockholders' equity 376 233,868 245,335 261 ,503 83,373 86,892b500 639500 1131270 i 1 1 PAGE 9 o LU • N • _ O W UJ j f a •-G FINANCIAL MIGHLIt3HTSM m F" HOUSAND% EXCEPT PER SNARE DATA) 2003 2002 2001 . 2000 1999 z __ .. .._...__ _.. ...._. ...._... _ _.. . . ..._._.._. _..._.... _ . .__.._ ._. - . ...... _ ...__ ._.. _ .. a Total revenue $ 269,922 $ 289 ,958 $ 293, 966 $ 265,893 $ 271 ,409 � Income ( loss) from continuing operations 81191 4,228 (81036) (7,511 ) 3;868 ' a Net income (loss ) from continuing operations 2,832 1 ,660 (66156) (7,727) 11264 J Diluted earnings (loss) per share from continuing operations 0.23 0. 14 ( 0. 52) (0.66) 0610 Total debt 34370 34,357 616928 - 63,500 63,500 Total assets 1780900 202, 342 233,868 245,335 251 , 503 Return on assets 1.4996 0315% (2 .57)96 (3, 11 )96 0. 51 % Total stockholders' equity 83,373 950892 93,926 106,B40 113, 270 Return on equity 3.16% 1976% (fi. 13)°K (7. 02 )96 1911 % Stock price: High 7o.8D 8.88 6. 13 1238 17. 63 ; Low . 5.47 400 3.00 4. 63 5.88 1 Number of shares .outstanding 11,853 11 ,708 11 ,708 11 ,691 11 ,641 z ! o -v U ' SECTION 00450 ' SCHEDULE OF SUPPLIERS The Contract Documents are based upon the equipment or products available from the Suppliers denoted ' as "A ", " B " , etc . Provision will be made in the Contract Documents for alternate suppliers whose equipment or product may be deemed equivalent in quality (see Paragraph 6 . 05 of the General Conditions) . However, the Bidder must indicate in his Bid which supplier the Bidder intends to use for ' each item of equipment listed on this form by circling one of the listed suppliers . Should a Bidder fail to circle a named item in each category, or if lie circles more than one listed supplier, he hereby agrees to provide the item listed as " A . " ' If the Bidder desires to propose one or more alternate suppliers , he may write in the name of such alternates in the spaces provided on the pages following the lists below, but he must nevertheless also ' circle one of the listed suppliers . If the proposed alternate supplier is determined " not equivalent" by the ENGINEER, the Bidder must use ' the circled supplier. If the Bidder fails to indicate which listed supplier the Bidder intends to use if an alternate is rejected, the Bidder must use the supplier listed as "A " . Also, if the Bidder circles more than one listed supplier, lie must use the first supplier circled ( unless an alternate is approved ) . Each proposed ' alternate will be evaluated in accordance with Paragraph 6 . 05 of the General Conditions . The OWNER may request and the Bidder sliall supply complete information on proposed alternates prior to the Notice of Award . ' 6706-3839218/20/03 00450- 1 450 1 VRB SCHEDULE OF SUPPLIERS OWNER' S BID NO . : 5102 EQUIPMENT ' ITEM ITEM OR MATERIAL BID OR SUPPLIER 1 . Coatings/Paint A . Tnemec B . Ameron C . Sherwin -Williams 2 . Ductile Iron Pipe A . American �I3 U . S . Pipe C . Clow 3 , Polyvinyl Chloride (PVC) Pipe A . Celanese Chemtrol C . Cabot 4 , Butterfly ValvesL'=') DeZurik B . Mueller C . Henry Pratt D . American-Darling 5 , Wireless Telemetry A . Elpro B . Drexelbrook 6 , Vertical Turbine Well Pump A . J-Line Pump Company �,� Goulds Pump Company C . Johnston Pump Company 7 , Air Release Valves A . ARI CI D Valmatic C . Apco 8 . Blow-Off Valves A . Cla-Val B . Ross Valve V DeZurik After receipt of Bids , the CONTRACTOR may not substitute any Supplier circled above except as permitted under the Contract Documents . END OF SECTION 6706 -38392\8/20/03 . 00450 -2 VRB ' SECTION 00452 DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRE S ENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid , Proposal or Contract No . County Water Treatment Plant Wellfield Rehabilitation Phase 11 . for the South ' 1 . This sworn statement is submitted by: Layne Christensen Company Y (Name of entity submitting sworn statement) ' whose business address is : 2740 Mine & Mill Road Lakeland FL 33801 and (if applicable) its Federal Employer Identification Number (FEIN) is 48-0920712 (If the ' entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ' 2 . My name is Doyle Goodman (Please print name of individual signing) and my relationship to the entity named above is General Manager 3 . I understand that an "affiliate " as defined in Section 105 . 08 , Indian River County Code , mean The term "affiliate " includes those officers, directors, executives, partners, shareholders, ' employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : ' Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father- in-law, mother- in-law, daughter- in - law, son- in-law, brother- in -law, sister- in-law, stepfather, stepmother, ' stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. ' 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement . [Please indicate which statement applies . ] ' X Neither the entity submitting this sworn statement, nor any officers , directors, executives , partners , shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in Section 105 . 08 , Indian River County Code, with any ' County Commissioner or County employee . The entity submitting this sworn statement, or one or more of the officers , directors , ' executives , partners , shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee : 6706-38392\ 8 /20/03 00452 - 1 VRB Name of Affiliate Name of County Relationship ' or Enti Commissioner or ern Flo ee I . 3 . 4 . 5 . 6 . 7 . 8 . (si ature) 9/aa�o3 (date) STATE OF Florida COUNTY OF Escambia Personally appeared before me, the undersigned autliority, Doyle Goodman who after first being sworn by me, affixed his/be" ignature in the space provided above on this o?07 — day of September , 2003 . Notary Public , State at large My Commission Expires : 1•"Yti' "' Stephanie L Lowery :+_ XhQYCOMMISSION # [?D115484 EMUS END OF SECTION ?sluly 1, 2006 � gypp" �E BONDED TIM TROY FAIN IINSURANCE, INC 6706 -3839218/20/03 00452 -2 VRB ' SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS ' The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required . ' Documentation Submitted with the Bid No : 5102South County WTP for Wellfield Rehab Phase II ' 1 • Contractor ' s Name / Address : _ . Layne Christensen Company ; 2740 Mine & Mill Road ; Lakeland FL 33801 ' 2 . Contractor' s Telephone & FAX Numbers : Phone : ( 863 ) 666 - 2433 Toll —Free : 888 224 - 2269 ;; Fax . 863 665 - 2196 3 , Contractor ' s License No : QB-0005143 ( Layne Christensen Com an ) CB—C056732 Wilks W . Turney , Jr . 4 . Number of years as a Contractor in construction work of the type involved in' this contract : 5 • What is the last project of this nature that you have completed ? ' 6 . Have you ever failed to complete work awarded to you , and if so, where and wiry? 7 . List the names and titles of ALL officers of Contractor ' s firm : ' ( See attached . ) ' 8 . Name of person who inspected site or proposed work for your firm : Name : Date of Inspections : ' NOTE : If requested by the County, the Bidder shall furnish a not rized finan sta ment, references and other information , sufficiently comprehensive tp P rmit an app rais of leis current financial condition . B (Signatur ) Doyle Go dman General Manager (Position or Title) ae) ' September 22 , 2003 (Date) ' 6706-38392\ 8 /20/03 00456- 1 VRB c� x c al w a o H o Q ~ O tQ Q ccs z a 0 a� Cd -o a� M O O N 00 N 01 M 00 cn O n oF -ME STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD � 1940 NORTH MONROE STREET ( 850 ) 487 - 1395 TALLAHASSEE FL 32399 - 0783 ' LAYNE CHRISTENSEN COMPANY PO BOX 383 SHAWNEE MISSION KS 66205 AC # 10380r- STATE OF FLORIDA = i DEPARTMENT OF- . BUSINESS AND . , PROFESSIONAL'-.- REGULATION -, . . - QB0005143 09 / 02 % 03` 030140460 QUALIFIED BUSINESS ORGANIZATION LAYNE CHRISTENSEN ' COMPANI ( NOT A LICENSE - TO ', WORKI, ALLOWS COMPANY ' c; :TO ,. . DO ` BUSINESS IF ' IT HAS A LICENSED :- QUALIFIER . ) ' IS QUALIFIED under the provisions of Ch . 489 FS . Expiration date : " AUG 311" 2005 L03090200696 DETACH HERE 1038, 026 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L03090200696 LICENSE NBR 21200 103. 0140460 - B0005143 ; The BUSINESS ORGANIZATION tpiration med below IS QUALIFIED 1 J ` der the provisions of Chapter 489 FS date : AUG 31 , 2005 - ,. ( THIS IS NOT A LICENSE . PERFORM ; WORK ` _ ,THIS; :; ALLOWS OMPANY TO ; DO BUSINESS ONLY IF- IVHAS A QUALIFIER . ) AYNE � CHRISTENSEN COMPANY' lX 900 SHAWNEE MISSION PARKWAY r MISSION WOODS KS 66205 �' ' ' 1 1 .5 Ft t go AC# 0449646 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L02061000649 TaTci The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS . Expiration dater AUG 31 , 2004 TURKEY , WILKS WALKER JR LAYNE CHRISTENSEN COMPANY P O BOX 383 SHAWNEE MISSION KS 66201 JEB BUSH KIM BINKLEY - SEYER L, GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY _.. ,• r • 41 114 , • 1 . . ` -( 1. c . ? p, . . . . 'I I I 1 I , - 11 ! i ! ,. 1 • , • A f 1 t., , . +- .. , 1 . 1 •: • r .. 1. i" . .• . . .. 'Layne Christensen Company 2740 Mine & Mill Road • Lakeland, PL 33801 • Phone (863 ) 666-2433 • (888 ) 224 -2269 • Pax ( 863 ) 665 -2196 • E - Mail 1079iuiln}_nechriS1. I en .com 1 COMPANY OFFICERS Andrew B . Schmitt , President, CEO and .Director H . Edward Coleman, Executive Vice President ' Norman E . Mehlhorn , Executive Vice President Gregory F. Aluce , Senior Vice President Eric R . Despain , Senior Vice President Steven F . Crooke , Vice President - - General Counsel and Secretary .Jerry W . Fanska, Vice President -- Finance and Treasurer --- e ta SECTION 00460 ALTERNATE SUPPLIERS Bidder proposes the following alternate manufacturers/suppliers for the equipment or material categories so identified: Equipment Item or Drawing Spec. Alternate Supplier Deduct ' Material No . Section (List One Only) Amount 1 . ' 2 ' ' 3 . 4 . 5 . 6 . ' 7. 8 9 . ' 10 . 11 . 12 , 13 . 14 . 15 . END OF SECTION 6706-38392\8/20/03 00460- 1 VRB (This Page Intentionally Left Blank) 6706;-38392\8/20/03 00460-2 VRB i '. SECTION 00470 SCHEDULE OF COST FOR MAJOR STRUCTURE AND/ OR AREAS OR WORK i breakdown to show his allocation among the general items The Successful Bidder shall submit within 7 days of written request from the OWNER, the following the BASE BID : which comprise the LUMP SUM PRICE for Unit Amount Total 1 . Divisions 0 and 1 ' a• General Conditions b • Bonds, Insurance and Indemnification I ' c• Field Engineering d • Photographs d© e. Laboratory Services - f. Testing � � ' 91 Miscellaneous Work �o v 20 . Well No. 1 ' a• Extend column pipe 20 feet b • . Telemetry system c• 3 0 Water level transducer 0 d . Mechanical seal -9 e• Miscellaneous work ---�- 3 _ Well No . 2 a, . Extend column pipe and shaft 40 feet PT, U 7 (o b • Telemetry system ' C. Water level transducer I 2 o o d • Mechanical seal X70 O e. Miscellaneous work - ' Ua D I6 (� i ' 4. Well No. 3 a• Well No. 3 Replacement b • Well No. 3 Abandonment ! ' c• Telemetry system "� � ' a "7 b d • Water level transducer -- lit 0�� Do e • Mechanical seal � 70U f Blow-off valve installation ---- -�(� y 37� D b• Sodding � O 11 • Fencing p UD i • Clearing/grubbing 379sSt �5 j • Dewatering O k• Miscellaneous work 6706-38392\8/20/03 00470 - 1 � VRB 5 . Well No . 4 a• New Vertical Turbine pump 2(p d S b b - 100 feet of pump column and liue shaft ��p � C . Demolition/Reconstruction of support pedestal j(� � 0 d • Isolation valve / q 42 C, Telemetry system f. Water level transducer �- 7ao .b- Mechanical seal h . Pressure sustaining valve installation i • Plumb test 1D3s` j - Well pad/concrete work �� 00 ) k . Sodding V7S 1 • Clearing/grubbing Zsn m - Dewatering n- Miscellaneous work 5U _cl 6 . Well No. 5 a - Extend pump column and shaft 40 feet j p 7j be Pressure sustaining valve installation j p L C. Blow-off valve installation beio d . Telemetry system / 7� go b e• Water level transducer ;X ? 00 f Air release valve installation � E C, > g• Plumb. test � y h . Miscellaneous work __ 7. Well No . 6 a• Extend pump column and shaft 40 feet be Pressure sustaining valve installationC. Blow-off valve installation d . Telemetry system r� r2 0 C. Water level transducer / 30 f Air release valve installation 2700 9- Plumb test o h • Miscellaneous work / D 8 . Division 9 a • Field Paintingd0 9 . PLC Upgrade Allowance � � 10 . Chemical reed System Instrumentation Allowance 11 . Alarm and Trend Instrumentation Allowance f �2 12 . Electrical Services Allowance BASE BID TOTAL . 6706 -38392\8 /20/03 00470 -2 VRB Notes : ( 1 ) It is understood that the allocations of prices listed above which comprise the LUMP SUM BID ' for the BASE BID are part of the Proposal and will be used in evaluation of the Successful Bidder's Bid and are binding upon the CONTRACTOR. (2) "Miscellaneous Work" included in the above items is: fabricated metals; painting of floors and ' walls not covered in the architectural or structural; testing, clean-up; and any Work, materials and equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. END OF SECTION ' 6706-38392\8/20/03 00470-3 VRg r `s (This Page Intentionally Left Blank) 6706-38392\8/20/03 004704 VRB ' SECTION 00480 NON-COLLUSIVE AFFIDAVIT State of Florida ) ' ss . ' County of Escambia ) Doyle Goodman that. being first duly sworn, deposes and says 1 O Heis the General Manager ' (Owner, Partner, Officer, Representative or Agent) of Layne Christensen Company , the Bidder that has submitted the attached Bid ; ' (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid ; ' (3 ) Such Bid is genuine and is not a collusive or sham Bid ; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed , directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been ' submitted ; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion , or communication, or conference with any Bidder, firm , or person to fix the price or prices in the attached Bid or of any other Bidder, or ' to fix any overhead , profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; ' (5 ) The pr ' or prices quot in the attached Bid are fair and proper and are not tainted by an coil ion conspiracy onniva e, or unlawful agreement on the part of the Bidder or any other o s ag nts, r prese atives owners, employees or parties in interest, including this affiant . Do 1 Goodman General Manager (Title) 6706 -38392\8/20/03 00480- 1 VRB Subscribed and swom to before me 2; id day of September 120 03 My commission expires Y� . , too Stephanie L Lowery ? : K MY COMMISSION # DD115484 EXPIRES END OF SECTION �= luly 1, 2006 BONDED TNRUTROY FAIN INSURANC� INC �Rf„h 6706-38392\8/20/03 00480 -2 VRB SECTION 00485 AUTHORITY TO EXECUTE CONTRACT If the Bidder is a Corporation, attach to this page a certified copy of the corporate resolutions of the Board of Directors of the Corporation authorizing an officer of the Corporation to execute the Agreement ' contained within this document on behalf of the Corporation . END OF SECTION 1 r 6706-38392\8/20/03 00485- 1 VRB 9 (This Page Intentionally Left Blank) 6706-38392\8/20/03 00485-2 VRB ' CERTIFIC ATE ' The undersigned , Steven n F. Crooke, hereby certifies that he is the duly elected, qualified, and acting secretary of Layne Christensen Company, a Delaware corporation (the ' " Corporation ") , and as such is familiar with the books and records of said Corporation that the resolutions set forth below were adopted by Statement of Unanimous Consent to Action taken in Lieu of a Meeting of the Board of Directors of said Corporation, dated September 28 , 2001 , that ' the following is a true and correct copy of such resolutions as they appear in the minu the Corporation, and that such resolutions are in full force and effect : to books of Authority To Enter Into Contracts WHEREAS, the Board of Directors deems it in the best interests of the Corporation to state the bid , contract and purchase order limits of the various officers and employees of this Corporation . Now, THEREFORE B � E IT RESOLVED, that effective as of September 1 , 2001 , and in lieu of all previous actions of the Board of Directors , the authority of the ' following officers and employees of this Corporation to (i) accept customer purchase orders and affix the corporate seal thereon a issue bids and/or enter into contracts with customers ; and (iii) enter into contracts with venders in connection with the sale of t his ' Corporation ' s products and services and the purchase of supplies and equipment, in the name of and on behalf of this Corporation, shall be for an amount up to and including the ' amount set forth beside each of their titles in the following schedule : Title President Amount Executive Vice President $ 5 , 000, 000 Senior Vice President , Vice President $ 255003000 or Division President $ 1 , 000 , 000 Division Vice President or General Manager $ 750 000 District Manager $ 450 , 000 Branch Manager $ 100 , 000 FURTHER RESOLVED , that the president, executive vice president, senior vice president, division president, vice president or division vice president of this Corporation may delegate the authority to enter into contractual commitments which they are authorized to execute pursuant to these resolutions to any other officer, general ' manager, district manager or branch manager of this Corporation and may, as requested by any third party, indicate such delegation by addressing a letter or other written document to such third party. FURTHER RESOLVED, that the secretary, any assistant' secret other officer of this Corporation be , and they hereby are , authorized to certifyaryor any a , copy of these resolutions , and any customer of this Corporation is hereby authorized to rely upon said certificate as so presented . IN WITNESS WHEREOF, Steven F . Crooke has hereunto set his hand and affixed the corporate seal of Layne Christensen Company this 1 st day of November, 2001 . ��P . . . . . . . . . , QST ENSF$0 Steven F . Crooke , Secretary ZG G0RPO O 04 001� [CORP gAT1 S"AL ] Z _ SEAL 1981 ;'• v Ai a '. , . . . . • • ' �e 'r, E i r SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT, dated the ' day of mAvgq�in the year 2003 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and LpV 04f45T ! rPj (I6M1)4 f .(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows : ARTICLE 1 WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows : Well No . 1 work to include purchase and installation of column pipe to extend pump column 20 feet ( 100 foot total depth), purchase and installation of telemetry system and water level transducers, and replacing packing gland with mechanical seal. Well No. 2 work to include purchase and installation of column pipe to extend pump column by 40 feet ( 100 foot total depth), purchase and installation of Lelemetry system and water level transducers, and replacing packing gland with mechanical seal. Well No. 3 work to include construction of new, and abandonment of existing raw water production well. Well No. 3 modifications also include purchase and installation of discharge piping, air release valve, isolation valve, blow-off valve, telemetry system and water level transducers, and replacing packing gland with mechanical seal and installation of pressure sustaining valve (to be provided by OWNER, rWell No . 4 work to include modifications/repairs to pedestal of existing raw water production well, purchase and installation of new isolation valve, telemetry system and water level tranducers, air release valve, blow-off valve, pump and column pipe ( 100 foot total depth) and installation of pressure sustaining valve (to be provided by OWNER). Associated work to include performance of a plumb test and construction of a well pad around entire above ground structure of the well. rWell Nos. 5 and 6 work to include purchase and installation of column pipe to extend pump columns by 40 feet ( 100 foot total depth), and installation of pressure sustaining valves (to be provided by OWNER, telemetry system and water level transducers, air release valves and blow-off valves . Associated work to include performance of a plumb test on both wells. Additional work to be performed includes programming modifications to interface with the ' Programmable Logic Controller (PLC). CONTRACTOR, as an independent contractor and not as an employee, shall furnish, for the sum amount of all of the necessary labor, material, and equipment (with the 6706-38392\8/20/03 00530- 1 VRB exception of those noted to be provided by OWNER to perform the work described above in accordance with the Contract Documents . ARTICLE 2 ENGINEER The project has been designed by Camp Dresser & McKee Inc., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3 . 1 The CONTRACTOR shall be substantially completed with the work one hundred twenty ( 120) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2 .03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14 . 07 of the General Conditions within one hundred fifty ( 150) calendar days after the issuance of the Notice to Proceed . 3 .2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3 . 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five- hundred dollars ($500.00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion, if CONTRACTOR fails to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER three hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment. ARTICLE 4 CONTRACT PRICE 4. 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract 4 Documents in current funds in the amount of $ 55R , boy Sc ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions , 5 . 1 Progress Payments. OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 2 of the General Conditions (and in the case of Unit Price Work based on the number of units completed), or, in the event there is no schedule of values, as provided in the General Requirements. 6706-38392\8/20/03 00530-2 VRB 5 . 1 . 1 On not later than the first or fifteenth day of every month the CONTRACTOR shall ' prepare and submit a detailed estimate and payment requisition on a standard AIA form addressed to the Engineering Division of the Utilities Department covering the percentage of the total amount of the contract which has been completed from the start of ' the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the OWNER and/or CONTRACTOR. This estimate shall also include the cost of such materials and equipment required in the ' permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. A partial Release of Lien shall be submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers . 5 . 1 .2 On or about the last day of the month to the fifteenth day of the following month after receipt of invoice, the OWNER shall pay to the CONTRACTOR ninety (90%) of the value based on the CONTRACTOR' S estimate and invoice as recommended by the ENGINEER, less the aggregate of previous payments . It is agreed that the ENGINEER ' shall have the right to finally determine and recommend the amount currently due to the CONTRACTOR. ' PLEASE NOTE: Submittals of estimates and invoices for payment must be directed to the Engineering Division of the Utilities Department so that they may be recommended by the ENGINEER. The Utilities Engineering Division will not be responsible for any delay in meeting ' the above mentioned payment schedule if the CONTRACTOR submits his estimate and invoice to another department. ' 5 .2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 14 . 07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07 . ' ARTICLE 6 INTEREST ' Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS ' In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations : ' 7 . 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. ' 7 . 2 CONTRACTOR has studied carefullyall reports of explorations re P p orations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 .02 of the General Conditions, and accepts the determination set forth in Paragraph SC4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7 . 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility nd carefully studying) all such examinations, investigations, explorations, tests, reportsaand study s (in ' addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the ' 6706-38392\8/20/03 00530-3 VRB subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 .2 of the General Conditions ; and no additional examinations, - investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 .4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 .3 of the General Conditions . 7 . 5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents , 7 . 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS . The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8 . 1 This Agreement (Section 00530) . 8 .2 Performance and other bonds (Section 00610) . 8 . 3 Notice of Award and Notice to Proceed . 8 .4 General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800). 8 . 6 Specifications bearing the title " SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION PHASE II " as listed in the table of contents hereof. 8 . 7 Drawings, inclusive with each sheet bearing the following general title: " SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION PHASE II )l 8 . 8 Addenda numbers 1 to 2 , inclusive . 8 .9 CONTRACTOR' S Bid ( Section 00310) . 6706-38392\ 11 /4/03 00530-4 VRB 8 . 10 Indian River County Water and Wastewater Utility Standards. 8 . 11 The following, which may be delivered or issued after the effective date of the Agreement gr ent and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3 .04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3 .04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9. 1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. ' 9 .2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. ' 9.3 OWNER and CONTRACTOR each binds itself, itsartners successors,ssors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in ' respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR ' TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER. ' 9 . 5 This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for ' the Southern District of Florida. 1 ' 6706-3839218/20/03 00530-5 VRB ARTICLE 10 OTHER PROVISIONS . IN WITNESS WHEREOF, OWNER AND CONTRACTOR have executed this Agreement as of the date first set forth above . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. OWNER CONTRACTOR Indian River County LA *UHKhMCOMP Board of n Co ssioners By: By Keene acht, Chairman Gener 1 Manager CC p �( Ip 3 E SEAL) Attest: Attest: —J. K. Barton, Clerk of the Circuit Court 9 Depu Jerk Approved By: ,2 , ames . Chandler, County dmi i rator Ap roved as to Form and Legal Sufficie y n / l ttorney Address for giving notices Address for giving notices 1840 25th Street 2740 Mine & Mill Road Vero Beach Florida 32960 Lakeland , FL 33801 License No. QB-0005143 Agent for service of process : (If CONTRACTOR is a corporation, attach evidence of authority to sign) END OF SECTION - 6706-38392\8/20/03 00530-6 VRB ' 1494987 RECORDED IN T"-' RECORDS OF JEFFREY K BARTON , CLERK CT 'TTIT COURT INDIAN RIVER CO FL , BK : 166 . 1131 , 11 / 24 / 2003 01 : 44 PM SECTION 00610 ' PERFORMANCE BOND Bond /30S104173310 KNOW ALL MEN BY THESE PRESENTS: ' — BY MS BOND, we Layne Christensen Comeanv as Principal, and Travelers Casualty and SuCety Company of Amarirw a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida, in the sum of S I x Hundred N 1 nety E i ght Thousand, Four Hundred Fifty Five and 69/100-- Dollars (5698 . 45LO, amounting to 1255/s of the total ' — bid price. For the payment of said sum we bind ourselves, our heirs, executors, adminiatrittor� ltd assigns, lgqmtntly and severally, for the faithful performance of a certain written Contract, dated dna day of m6w EM69: Z ' 20J5 entered into between the. Principal and the County of Indian River, for. Project Name: "SOUTH COUNTY WATER TREATi DU PLANT MMLIXMD REHABUITA1110N. PHASE TP' County Project Number: IRC Bid No . 5102 — Project Address: 1550 Southwest 9* Street Vero Beach, Florida 32%2 Project Description: ' — Well No. l work to include purchase and installation of column pipe to extend pump coiurnp 20 feet ( 100 foot total depth), purchase and installation of telemetry system and water level transducers, and replacing packing gland with mechanical seal. — Well No. 2 work to include purchase and installation of column pipe to extend pump column by 40 feet (100 foot total depth), purchase and instaliatioa of telemetry system and water level transducers, and replacing packing gland with mechanical seal. ' — Well No. 3 work to include construction of new, and abandonment of existing raw water production well. Well No. 3 modifications also include purchase and installation of discharge piping, air release valve, isolation valve, blow-0ff valve, telemetry system and water level transducers, and replacing packing gland with mechanical seal and installation of pressure sustaining valve (to be provided by OWNER. Well No. 4 work to include modifications/mpairs to pedestal of existing raw water production well, purchase and installation of new isolation valve, telemetry system and water level tranducers, air release valve, blow-off valve, pump and column pipe (100 foot total depth) and installation of pressure sustaining valve (to be provided by OWNER). Associated work to include performance of a plumb test and construction of a well pad around entire above ground structure of the well. Well Nos. 5 and 6 work to inchde purchase and installation of column pipe to extend pump — columns by 40 feet (100 foot total depth), and installation of pressure. sustaining valves (to be provided by OWNER, telemetry system and water level transducers, air. release valves and blowoff valves. Associated work to include performance of a plumb test on both wells. ' 6706-38392\8/20/03 00610- 1 VRB ' CERIMI GNUITIM IBK : 1663 PG : 1132 Additional work to be performed includes programmin modifications Programmable Logic Controller (PLC). g to interface with the A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied heroin. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal — shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof. and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, I — want of can of skill, negligence or defauk, including patent infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the _ failure of the Principal to properly execute all of the provisions of the Contract AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully protect the County of I — Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the atfringements — of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, tate said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the tenets of the Contact or to the work to be performed thereunder, or the _ Specificatiods or Drawings accompanying the same, shall is any way affect its obligations 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 or to the Specifications or Drawings. I AND, the said Principal and Suretyjointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in are the Contract Documents aexpressly covered by and made a part of this Bond. Principal and Surety acknowledge that any such provision lie within their obligations and within the coverages and limitations of this Bond. IN WHEREOF a above bound parties executed this instrument under their several seals, this day of JtcN t- 20.6 the name and corporate seal of each corporate ' 6706-3839218/20/03 00610-2 VRB i CEFMFUT= ON LAST PAGE %LX BARYON, am 1 i BK : 1663 PG : 1133 party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its goveming body, lftfff •ltf lff ltfitll • ttlftigt• t / tit Ylpsff fflYtf flftiy • titilifNttitltif gltfftfffi WHF:NI THE PILTNC[P i. IS AN RMIVI13ifAi ; Signed, sealed and delivered in the presence of Witness Signature of Individual ' Address Printed Name of Individual ' Witness Address /l!l/ 1t1Y1lbttt • • tltf !/ t/ t►itlitYtgi Ntttitt NfllYtfi • tifgYlt!! • /t/ ttplf!♦ / ititt OLE P-RgERMOESM ag grEgATES V�AME: ' Signed, sealed and delivered in the presence of: Witness Name of Partnership Address BY: Partner ' — Printed Name of Partner Witness ' (SEAL) Address ' ! ! t♦ ftfi ♦ tffYfiftiflfffftfffiftt • fffffftitff • fflttltiftlftltitllf//flttlYtiflitlfllt 670638392\=0/03 00610-3 VRB A TRUE copy CERTIFICATION ON LAST PAGE ' JJC BARTOK CLERK ' BK : 1663 PG : 1134 Vi_THE PRINCIPAL IS A PARTNERSHIP• ' — Signed, sealed and delivered in the presence of Rrrtness Name of Partnership ' — Address BY: Partner ' — Printed Name of Partner Witness (SEAL) ' — Address rrrsrrsysryryrrrsrrrrrrrrsrrrrrrrysryyryrrrrsy ►rrsyyyryyssyrsyyrrysyyyysrysrsrsrssrr ' 6706-38392\8120/03 00610- VRB A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK ' BK : 1663 PG : 1135 ' WHEN THE PRINCIPAL IS A CORPORATION: — Attest .` S ENS � ` 5 FNl ,-/ Layne Chriptqnsen Company �` , • • Q% POl� O Secretary Steven F . Crooke Name of ration Gp5klF BY: F Aft o - : < 1981 Doyle Goodman ' — Printed Name General Manager Official Title ' C)£RTIFICATE AS TO CORPORATE PRINCIPAL I Steven F . Crooke certify that I am the Secretary of the corporation named as Principal in the within bond; that r�y i m r.nngm,. n _ who signed the said bond on behalf of lr�incipal was then a ,n.. s w. . .� _of said corporation: that I know his aigp ,signature thereto is genuine; and that ;;d Bond was duly signed, sealed and attestedO fgQ� be11Q�Said ' — corporation by authority of ftgoverning body. GpPPORgTF ;: AV SOC[C181y Steven F . Crooke ►e 1981 TO 13E EXECUTED BY CORPORATE SURETYr�.�f'Ayy AP��` — Mitn s : Travelers Casualty and Surety Company of America t A`�3f !c Corporate Surety One Tower Square jr „ Hertford, CT 06183-6014 �P'� t BUS1nCS3 SS B ^•�, �i , fI.rl. s (Affix Corporate ' David M . Lockton Attorney-In-Fact f r. _ k: r Lockton Companies ' Name of Local Agency 444 W . 47th Street, Suite 900 Kansas City, MO 64112 Business Address _tiIQ6-38392\880/03 00610-5 — VRB ATRUE COPY CERTIFICATION ON LAST PAGE ' JX BARTON, CLERK ' BK : 1663 PG : 1136 STATEOF }A Missouri COUNTY OF RMUNA136W Jackson Before me, a Notary Public., duly commissioned, qualified and acting, personally appeared David M . Lockton . to me well kmm, who being by me fust duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by to execute the foregoing bond on behalf of the CO n CTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to IQfo tbi t s+n day of November 20 07 �� * Travelers Casualty and Surety .Company of America ' — Notary Publie, State of jgta M is sour i . My Commission Expires: � -a-zona END OF SECTION P D �4;'�Naueya'y • — Iw �ow mas� ' MELISSA D. EVANS 78706W URU'sma ~ wadasasoMw "um, , 6706-38392\820/03 00610-6 VRB ' A TRUE COPY CERTIFICATION ON LAST PAGE ' J .K. BARTON, CLERK ' BK : 1663 PG : 1137 SECTION 00612 PAYMENT BOND Bona 030s104173310 KNOW ALL &MN BYTH&SEPRESENTS: Travelers casualty and Surety BY THIS BOND, We Layne Christen . n rnmpAng as Principal, and Company of America a corporation, as Surety, are held and firmly bound unto the County of 1"an River, Florida, in the am of Dollars amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrate and assigns, Jointly and severally, for the faithful performance of a certain written Contract, dated the day of 200S. entered into between the Principal and the County of indian River, • Five Hundred Fifty Eight Thousand , Seven Hundred Sixty Four and 55/100 +• ( $ 558, 764 . 55 ) Project Name: "SOUTH COUNTY WATER TRFLaTMC.'1.Tj' PLANT umt r E n REHABILTTATTON. PHASE Il" County Project Number I Rc Bid m 1 m Project Address: 1550 SoMbiwest 96 Stroet Vero Basch. Florida 32962 Project Description: ' Well No. 1 work to include purchase and installation of column pipe to extend pump cohuum 20 feet (100 foot total depth), purchase and installation of telemetry system and water level transducers, and replacing packing gland with mechanical seal. Well No. 2 work to include purchase and installation of column pipe to extend pump column by 40 feet 000 foot total depth), Purchase and installation of telemetry system and water level transducers, and replacing Packing gland with mechanical seal. - Well No. 3 work to include construction of new, and abandonment of existing raw water production well. Well No. 3 modifications also include purchase and installation of &w1ulrge piping, air release valve, isolation valve, blowoff valve, telemetry system and water level transducers, and f1eplacing Pig gland with mechanical seal and installation of pressure sustaining valve (to be ' provided by OWNER Well No. 4 work to include modifications/repaas to pedestal of existing raw water production well, purchase and installation of new isolation valve, telemetry system and water level tranducers, air ' release valve, blowoff valve, pump and column pipe (100 foot total depth) and installation of pressure sustaining valve (to be provided by OWNER). Associated work to include performance of a plumb test and construction of a well pad around entire above ground structure of the well. Well Nos. 5 and 6 work to include purchase and installation of column pipe to extend pump columns by 40 feet (100 foot total depth), and installation of pressure sustaining valves (to be provided by OWNER, telemetry system and water level transducers, air release valves and blowoff valves-Associated work to include performance of a plumb test on both Wells. ' 6706-38392\8/20/03 00612- 1 VRB A TRUE COPY ' CERTIFICATION ON LAST PAGE JX BARTON, CLERK ' BK : 1663 PG : 1138 Additional work to be performed includes programming modifications to interface with the Programmable Logic Controller (PLC). A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. ' — NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void, otherwise, this Bond shall remain in full force and effect, subject to the following terns and conditions: ' A, A claimant is defined as any person supplying the Principal with labor, material or supplies, used directly or indirectly by the Principal or any subcontractor in the Prosecution of the Work provided for in said Contract, and is further defined in Section 713 .01 of the Florida Statutes, B. The provisions of Section 255.05 Florida Statutes shall apply, The above named Principal and Surety hereby jointly and severally agree with the County of Indian River _ that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by mant, such claimay sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon. The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant i . Unless claimant, other than one having a direct contract with the Principal, shall within forty-five ' - (45) days after beginning to furnish labor, materials or supplies fbr the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety ' - (90) days after such clai nant s performance of the labor or complete delivery of materials or supplies, deliver to the Principal and Surety written notice of the performance of such labor or delivery of such material or supplies and the nonpayment therefore, 3 . After the expiration of one (1 ) year from the performance of the labor or completion of delivery ' of the materials or supplies;' it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction bereo4 such limitations shall be deemed to be amended, so as to be equal to the minimum period of limitation permitted by such law. ' 4. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Surety, for value received, hereby stipulates and agrees that no charge, erneosion of time, alteration of or addition to the terns of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety 6706-38392\8120/03 00612-2 VRB ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON, CLERK BK : 1663 PG : 1139 ' hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the — Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Bears Key Rating Guide, General Policyholders rating of "A" and Financial Size Category of Class "X". The Principal and Suretyjointly and severalty covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Suretyjointly and severally, agree to pay the County of Indian Riva all losses, — damages. expenses, costs, and attorney's fess, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. IN S WHEREOF` the above bound parties executed this instrument under their several seals, this day ofL�1��JL'7?i . 20.20 the name and corporate seal of each corporate Party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. • r ► rrp » rrrr ♦r ► rr » r » ► »rr ♦ rr ► rrr »rrr ► a»r ► rrr ►rrrrrrr » • rr ► rrrrrr► rrrrr► rrr► rrrrrrrrr » r ' _ WHLrN THE PR_TNCIPAL IS AN DMDWUAL: Signed, sealed and delivered in the presence of: ' — Witness Signature of Individual Address Printed Name of Individual ' — Witness ' — Address rrrr ► ► ►rrr » rrr» rr » ►rrrrrrrrrrrrrrrr ► r»rr ► trrrrrrrrrrr ► ►r » rr » ► ►► ► rrrrrr »► rrrrrrrrrrrr j6706-38392\8/20/03 00612-3 VRB A TRUE COPY CERTIFICATION ON LAST PAGE 1 JX BARTON, CLERK 1 BK : 1663 PG : 1140 WMN TSE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES rnvgER A TRADE NA11' Signed, sealed and delivered in the presence of ' Witness Name of Partnership BY: Address Partner ' Printed Name of Partner ' Witness (SEAL) Address ttt# } ter # rtit4li # tttii• irttirtrrtttttr } R} trtti} rrtt ## ttt }tttt }rtitrtt}t#tett• ittriti WEEN THE PRINCIPAL IS A PARTNERSHIP• Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: _ Address Partner Printed Name of Partner — Witness (SEAL) ' — Address # stti # iiissirist # ssstttstsrti } tie # rstsitrtatsitrtsr #i #rsststs# ssrtrttstisastrsatrrsr 6706-38392\8120/03 006124 VRB ' A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON, CLERK BK : 1663 PG : 1141 ' WSF.N THE PREMAL IS A CORPORATION: — Attest Layne Chrlste sen Company . Secretary Steven F . Crooke Name of ration `��%gTEN$FV ,,� *foo _ BY: G ; Ofkp OO: (Alli rporato SEAL) arc +�r� �' Doyle Goodman 5 SEAL = _ AAA Printod Name .' :' ' General ManagereoI0Fi; AVVA9Ii., Official Title CERTIFICATE AS TO CORPORATE PRTNCTPAT I Steven F . Crooke . certify that I am the Secretary, of the w _ tporation named as Principal is the within bond; that ony i „ r mnaman who signed the said bond on behalf of the Principal was then Genera 1 Manager of said corporation: that I know his signature, and his sigosture ` thereto is genuine; and that said B duly sisme& sealed and attested for afld on behalf of Said corporation by authority of Its gov body. ENSFN,,� . XX 00 G ; POI " CO Secretary even F , Crooke T�. : ; amI TO BE EXECU IM BY COREDA I R C7'ltra1s�r , A L r � ACt#1M Witness : 0I'Ar 1981 000, �E %``I� i Travelers Casualty and Surety Company of America l�Q7Mt . Corporate Surety One Tower Square Hartford , CT 06183 Y" �t ' r Business BY: (Affix Corporate SEAL) ;?• :..� s David M . Loektoa •T�° }� �- ` ' r Attorney-In Fact ,u Lockton Companies 'v _ Name of Local Agency 444 W . 47th Street, Suite goo Kansas City , MO 64112 Business Address 6706-383921820/03 00612-5 VRB A TRUE COP`( CERTIFICATION CO RK ST PAGE J . K . BARTON , ' BK : 1663 PG : 1142 ` STATE OFELQ& AA MIaaourI COUNTY OF � Jackson Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared n„ V i el M - I = 4 +^_ . to me welt known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the and that he has been authorized by • to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to WOW me this 13th day of November 20 03 • Travelers Casualty and Surety Company of America (� L ' Notary Public, State of NOW MIasour I My Commission Expires: 1 -4-2004 _ END OF SECTION Sp O =F OT A N� .FAL f T _ MELISSA D. EVANS COY omma FO ?N 9mm i 4, 2M W OW�tlLON tAllp JIVI t, TOW r - . ' 06-39392=0/03 006124 TRB A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK BK : 1663 PG : 1143 ' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ` TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06163-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT ` KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents snake, constitute and appoint: James C. Pateidl, Melissa D. Evans, Janet L Rehkop, Patrick T. Pribyl, Kathy M. Loftus, Debra J. Scarborough, David M. Lockton, Toni P. O'Rear, Veronica Lawyer, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, of Kansas City, Missouri, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and arty and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full fora and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recwgnizances, contracts of indemnity, and other writings obligatory in ` the nature of a bond, recognizance, or conditional undataking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is ' in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any ' Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeysin-Fad and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company offices pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resider Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature Chemo& and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sail shall be valid and binding upon the Company in the future with respect to any bond or — undertaking to which it is attached (11 -00 Standard) A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK BK : 1663 PG : 1144 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS ' CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be _ signed by their Senior Vice President and their corporate seals to be hereto affixed this I st day of May 2002 . STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ' } SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD Goo 13Y George W. Thompson Senior Vice President On this 1st day of May, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, — did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the ' corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals — affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. won My commission expires June 30, 2006 Notary Public ' Marie C. Tetreault _ CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority ' remains in full force and has not been revoked; and banhermore, that the Standing Resolutions of the Boards of Directors, as set — forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this day of •t 20 � X i; V :•� , v.su,Y BY Kori M. Johanson Assistant Secretary, Bond — awnft co F" IN RA ClPICJt °i° DAT'It 1 W 1 Travelers 1 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE 1 On November 26 , 2002 , President Bush signed into law the Terrorism Risk Insurance Act of 2002 ( the " Act " ) . The Act establishes a short - term program under which the Federal Government will share in the payment of covered losses caused ' by certain acts of international terrorism . We are providing you with this notice to inform you of the key features of the Act , and to let you know what effect , if any , the Act will have on your premium . Under the Act , insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act . The Act further provides that the Federal Government 1 will pay a share of such losses . Specifically , the Federal Government will pay 90 % of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers ' 1 statutorily established deductible for that year . The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at 1 $ 100 , 000 , 000 , 000 . 00 , provided that the insurer has met its deductible . Please note that passage of the Act does not result in any change 1 in coverage under the attached policy or bond ( or the policy or bond being quoted ) . Please also note that no separate additional 1 premium charge has been made for the terrorism coverage required by the Act . The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall 1 premium , and is no more than one percent of your premium . 1 1 1 ACORDTM CERTIFICATE OF LIABILITY INSURANCED11 / 13/ / 003 05/01 /2004 11 / 13/2003 PRODUCER ' Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W, 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816) 960-9000 INSURERS AFFORDING COVERAGE ' INSURED LAYNE-ATLANTIC INSURER A : OLD REPUBLIC INSURANCE COMPANY 506 2740 MINE & MILL ROAD INSURER B : ZURICH SPECIALTIES LONDON LIMITED LAKELAND, FL 33801 INSURER C : INSURER D : INSURER E : COVERAGES LAYIN01 FK THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DPOLICY TE MM/DD EFFECTIVE- --P OLICY EXPIRATION ( /YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 290009000 1 A X COMMERCIAL GENERAL LIABILITY MWZY 55843 05/01 /2003 05/01 /2004 FIRE DAMAGE (Any one fire) 2 $ 05000 CLAIMS MADE OCCUR CONTRACTUAL MED EXP (Any one person) $ ,000 X PERSONAL & ADV INJURY 29000,000 GENERAL AGGREGATE 5 ,000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 2,000,000 X POLICY JECOT LOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT A ANY AUTO MWTB 18665 05/01 /2003 05/01 /2004 (Ea accident) $ 210009000 ALL OWNED AUTOS — BODILY INJURY XXXXXXX SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY XXXXXXX ' X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $(Per accident) XXXXXXX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT XXXXXXX ' OTHER THAN EA ACC XXXXXXX AUTO ONLY: AGG XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 210003000 ' B X OCCUR CLAIMS MADE 000804703CELIDH 05/01 /2003 05/01 /2004 AGGREGATE $ 2 ,000,000 UMBRELLA XXXXXXX DEDUCTIBLE FORM XXXXXXX ' RETENTION $ ER XXXXXXX A WORKERS COMPENSATION AND MWC 108622 00 05/01 /2003 05/01 /2004 X TvVURY LIMITS EMPLOYERS' LIABILITY O E.L. EACH ACCIDENT 2 ,000,000 ' E.L. DISEASE - EA EMPLOYEE 290003000 OTHER E.L. DISEASE - POLICY LIMIT $ 2 ,0001000 ' DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: A LAYNE JOB FOR SOUTH COUNTY WATER TREATMENT PLAN WELLFIELD REHABILITATION, PHASE II IN INDIAN RIVER COUNTY, FLORIDA. INDIAN RIVER COUNTY AND CAMP DRESSER & MCKEE, INC. ARE ADDITIONAL INSUREDS AS RESPECTS LIABILITY COVERAGE, ' WHICH IS ON A PRIMARY BASIS, AND SUBROGATION IS WAIVED, ONLY AS REQUIRED BY CONTRACT. The h2wr nce efidamd by thb et dfflkm a is void and in the absence of a signed contract requiring this eweraML ' CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 1911885 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION INDIAN RIVER COUNTY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ' 262519TH AVENUE VERO BEACH FL 32960 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7197) For questions regarding this certificate, contact the number listed in the 'Producee section above and specify the client code 'LAYIN01'. ® ACORD COAPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement . A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) . DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend , extend or alter the coverage afforded by the policies listed thereon . 1 This document has important legal consequences; consultation with an attorney Is encouraged with respect to its use or modification . This document should be adapted to the particular circumstances of the ' contemplated Project and the Controlling Law. ' STANDARD GENERAL CONDITIONS r OF THE CONSTRUCTION CONTRACT ' Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL ' AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General " e Contractors of America Construction Specifications Institute ' These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) ( 1996 Editions) . Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide ( No. 1910-50) . For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary ' Conditions (No. 1910-17) ( 1996 Edition) . CDC No. 1910-8 ( 1996 Edition) Copyright 01996 National Society of Professional Engineers ' 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W. , Washington, DC 20005 ' American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 6706-38392\8/20/03 00700- 1 VRB TABLE OF CONTENTS Pape ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WWII . . . . 5 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 . 01 Delivery of Bonds. . . . . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 . 03 Commencement of Contract Times, Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. 04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 2 . 05 Before Starting Construction . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WWII . . . . . . . . . . . . . . . 2 .06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2. 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING , REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. 01Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. 02 Reference Standards. . . . . . . . I . . . . . . . WW . . . . . . . . . . 3. 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 04 Amending and Supplementing Contract Documents. I . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 .05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. 01 Availability of Lands . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WWII . . 9 4 . 02 Subsurface and Physical Conditions. , . I . . . . . . . . I . . . . . . . . . . . . . . . . . . I . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4. 03 Differing Subsurface or Physical Conditions . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. 04 Underground Facilities. . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. 05 Reference Points . . . . . I . . . . . . . . . . . . . . . . 0 . . . . . . . . 11 4. 06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . 11 ARTICLE 5 - BONDS AND INSURANCE . . . . . ' low . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 01 Performance, Payment, and Other Bonds . , . . , , . , , , . . , , . . . . . . . . . . . . . . I . . . . . . I . . . . . . I . . . . . . . . . * I . . . . . . . . . . . . . . . . . . I . . . 12 5. 02 Licensed Sureties and Insurers. . . . . . . . . . . . . . . . . . . III . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. 03 Certificates oflnsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. 04 CONTRACTOR's Liability Insurance . . , . , . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I I . . . . oeo . . . , . . . . . . . . . . . . . . . . . . 13 5.05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . 5 . 06 Property Insurance . . . . . . . . . . . . . . . I . . . ' low . . . . . . . . . . . . . . . . . . . . . . . . . . . WW II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5.07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 .08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.09 Acceptance of Bonds and Insurance, Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. 10 Partial Utilization, Acknowledgment of PropertyInsurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 15 6. 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. 02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 . 03 Services, Materials, and Equipment . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 .05 Substitutes and "Or-Equals". . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . W , . . . . . . . . . . . . . . . 16 6. 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. 09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6706-38392\8/20/03 00700-2 VRB 1 6 . 11 Use of Site and OtherAreas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. 12 Record Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 14 Safety Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6. 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' 6 . 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 . 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 . 19 CONTRACTOR's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6.20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 21 ARTICLE7 - OTHER WORK , ' , , . . , . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . I . , . , . . . I ' ll , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d 21 ' 7.01 Related Work at Site. . . . 1 . 1 . . 1 1 1 . 1 . . . . . . . . . . . . . . . . . . . . . . . I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . , . . , . " , . , . , . . , . . . . . . I . . . 1 . . 444 . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w . . . . . . . . . . . . . . . . . . . 09 . . . 0 . . . . * , , 22 8 .01 Communications to Contractor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 . 03 Fumish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8. 04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . 22 8 .05 Lands and Easements, Reports and Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 .06 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 . 07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8. 08 Inspections, Tests, and Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 .09 Limitations on OWNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ' 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9. 01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . " . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 1 . 1 . 11 . . . 22 9 . 02 Visits to Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 .03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' 9 .04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9. 05 Authorized Variations in Work , . , . . . . . . . . . M . . . . . . . I . . . . . . . . M . . . . 11 . 11 , . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9. 06 Rejecting Defective Work , . . M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 23 9 . 07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' 9. 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9. 10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10 . 01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10.02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . 24 10. 03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . 24 10. 04 Notification to Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10 . 05 Claims and Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 24 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0460 . . . . . . . . . . . . 25 11 . 01 Cost of the Work, . . . " . . . M . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 000 * . . * . . . . . . . . . 25 11 . 02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . 26 1 11 . 03 Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . 27 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12. 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 12.02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . 28 12. 03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 6706-38392\8/20/03 00700-3 VRB 2 . 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . 12 . 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF 11 If DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . 28 13. 01 Notice of Defects . . , , . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . , . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Access to Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 13. 03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13 .05 OWNER May Stop the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . 29 13 . 06 Correction or Removal of Defective Work . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13. 07 Correction Period, , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w . . . . . . . . . . . . . . . . 13 . 08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 13 . 09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 30 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION , . . . . . . . . . . 06 . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14. 01 Schedule of Values, . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 , ;< 14. 02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14.03 CONTRACTOR's Warranty ofTitle. . . . . . . . . . . . . . . . . . . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 04 Substantial Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. 05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. 06 FinalInspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. 07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 14. 08 Final Completion Delayed . . . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . . . . . . . . . . 14. 09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . . . . . . • - ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 33 15. 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . 03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34. ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 16 . 01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 17 - MISCELLANEOUS , " , , ., , . , . , , , , . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. 01 Giving Notice . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 17.03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17. 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 17. 05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . . . . . . . . . . . . . . . . . . . : s 6706-38392\8/20/03 007004 VRB 1 ' GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, 1 .01 Defined Terms these General Conditions , the Supplementary Conditions, the ' Specifications and the Drawings as the same are more A. Wherever used in the Contract Documents and specifically identified in the Agreement, together with all Written printed with initial or all capital letters, the terms listed below will Amendments, Change Orders, Work Change Directives , Field have the meanings indicated which are applicable to both the Orders, and ENGINEER's written interpretations and ' singular and plural thereof. clarifications issued on or after the Effective Date of the Agree- ment. Approved Shop Drawings and the reports and drawings 1 . Addenda-Written or graphic instruments issued of subsurface and physical conditions are not Contract prior to the opening of Bids which clarify, correct, or change the Documents. Only printed or hard copies of the items listed in Bidding Requirements or the Contract Documents. this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be 2. Agreement The written instrument which is furnished by OWNER to CONTRACTOR are not Contract evidence of the agreement between OWNER and Documents. CONTRACTOR covering the Work. ' 13. Contract Puke-The moneys payable by OWNER 3. Application for Payment The form acceptable to to CONTRACTOR for completion of the Work in accordance ENGINEER which is to be used by CONTRACTOR during the with the Contract Documents as stated in the Agreement course of the Work in requesting progress or final payments (subject to the provisions of paragraph 11 .03 in the case of Unit and which is to be accompanied by such supporting Price Work). documentation as is required by the Contract Documents. 14. Contract Times-The number of days or the 4. Asbestos-Any material that contains more than dates stated in the Agreement to: (i) achieve Substantial one percent asbestos and is friable or is releasing asbestos Completion; and (ii) complete the Work so that it is ready for fibers into the air above current action levels established by the final payment as evidenced by ENGINEER's written United States Occupational Safety and Health Administration. recommendation of final payment. 5. Bid-The offer or proposal of a bidder submitted 15. CONTRACTOR The individual or entity with on the prescribed form setting forth the prices for the Work to be whom OWNER has entered into the Agreement. perforated. 16. Cost of the Work-See paragraph 11 . 01 .A for 6. Bidding Documents-The Bidding Requirements definition. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 17. Drawings That part of the Contract Documents prepared or approved by ENGINEER which graphically shows ' 7. Bidding Requirements-The Advertisement or the scope, extent, and character of the Work to be performed by Invitation to Bid, Instructions to Bidders , Bid security form, if CONTRACTOR. Shop Drawings and other CONTRACTOR any, and the Bid form with any supplements . submittals are not Drawings as so defined. 8. Bonds-Performance and payment bonds and 18. Effective Date of the Agreement The date other instruments of security. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the 9. Change OrderA document recommended by Agreement is signed and delivered by the last of the two parties ENGINEER which is signed by CONTRACTOR and OWNER to sign and deliver. ' and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times , 19. ENGINEER The individual or entity named as issued on or after the Effective Date of the Agreement. such in the Agreement. 10. Claim-A demand or assertion by OWNER or 20. ENGINEER's Consultant-An individual or entity CONTRACTOR seeking an adjustment of Contract Price or having a contract with ENGINEER to furnish services as Contract Times, or both, or other relief with respect to the terms ENGINEER's independent professional associate or consultant of the Contract A demand for money or services by a third with respect to the Project and who is identified as such in the party is not a Claim. Supplementary Conditions. 11 . Contract-The entire and integrated written 21 . Field Order-A written order issued by ENGI- agreement between the OWNER and CONTRACTOR NEER which requires minor changes in the Work but which ' concerning the Work. The Contract supersedes prior does not involve a change in the Contract Price or the Contract negotiations, representations , or agreements, whether written or Times . oral 22. General Requirements-Sections of Division 1 of 1 12. Contract Documents-The Contract Documents the Specifications. The General Requirements pertain to all establish the rights and obligations of the parties and include the sections of the Specifications. Agreement, Addenda (which pertain to the Contract Docu- ments), CONTRACTOR's Bid (including documentation 6706-38392\8/20/03 00700-5 VRB 23. Hazardous Environmental Condition—The 37. Resident Project Representative—The authorized presence at the Site of Asbestos, PCBs, Petroleum, Hazardous representative of ENGINEER who may be assigned to the Site Waste, or Radioactive Material in such quantities or or any part thereof. circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some 24. Hazardous Waste—The term Hazardous- Waste portion of the Work and which establish the standards by which shall have the meaning provided in Section 1004 of the Solid such portion of the Work will be judged. Waste Disposal Act (42 USC Section 6903) as amended from time to time. 39. Shop Drawings All drawings, diagrams, illustra- tions, schedules, and other data or information which are 25. Laws and Regulations, Laws or Regulations—Any specifically prepared or assembled by or for CONTRACTOR and all applicable laws, rules , regulations, ordinances, codes, and submitted by CONTRACTOR to illustrate some portion of and orders of any and all governmental bodies, agencies, the Work. authorities, and courts having jurisdiction. 40. Site—Lands or areas indicated in the Contract 26. Liens—Charges , security interests, or Documents as being furnished by OWNER upon which the encumbrances upon Project funds , real property, or personal Work is to be performed, including rights-of-way and easements property, for access thereto, and such other lands furnished by OWNER 27. MilestoneA principal event specified in the which are designated for the use of CONTRACTOR. Contract Documents relating to an intermediate completion date 41 . Spec cations—That part of the Contract or time prior to Substantial Completion of all the Work. Documents consisting of written technical descriptions of ds, and womansip as 28. Notice of Award—The written notice by OWNER applied materials to t eurpmentWork and certain admini, systems, sttrativ details applicable to the apparent successful bidder stating that upon timely thereto. compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and 42. Subcontractor-An individual or entity having a deliver the Agreement. direct contract with CONTRACTOR or with any other 29. Notice to ProceedA written notice given by Subcontractor for the performance of a part of the Work at the e. OWNER to CONTRACTOR fixing the date on which the Con- tract Times will commence to run and on which CONTRACTOR 43. Substantial Completion—The time at which the shall start to perform the Work under the Contract Documents . Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified 30. OWNER—The individual, entity, public body, or part thereof) is sufficiently complete, in accordance with the authority with whom CONTRACTOR has entered into the Contract Documents, so that the Work (or a specified part Agreement and for whom the Work is to be performed. thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially com- 31 . Partial Utilization—Use by OWNER of a substan- pleted" as applied to all or part of the Work refer to Substantial tally completed part of the Work for the purpose for which it is Completion thereof. intended (or a related purpose) prior to Substantial Completion of all the Work. 1 44. Supplementary Conditions—That part of the Contract Documents which amends or supplements these 32. PCBS—Polychlorinated biphenyls. General Conditions. 33. Petroleum—Petroleum, including crude oil or any 45. SupplierA manufacturer, fabricator, supplier, fraction thereof which is liquid at standard conditions of distributor, materialman, or vendor having a direct contract with temperature and pressure (60 degrees Fahrenheit and 14. 7 CONTRACTOR or with any Subcontractor to furnish materials pounds per square inch absolute), such as oil, petroleum, fuel or equipment to be incorporated in the Work by CONTRACTOR oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with or any Subcontractor. other non-Hazardous Waste and crude oils. 46. Underground Facilities—All underground 34. Project The total construction of which the Work pipelines, conduits, ducts, cables, wires, manholes , vaults, to be performed under the Contract Documents may be the tanks, tunnels, or other such facilities or attachments, and any whole, or a part as may be indicated elsewhere in the Contract encasements containing such facilities , including those that Documents. convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, 35. Project Manual—The bound documentary wastewater, storm water, other liquids or chemicals, or traffic or information prepared for bidding and constructing the Work. A other control systems. listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of 47. Unit Price Work Work to be paid for on the basis contents. of unit prices. 36. Radioactive Material-Source, special nuclear, or 48. Work The entire completed construction or the byproduct material as defined by the Atomic Energy Act of 1954 various separately identifiable parts thereof required to be (42 USC Section 2011 et seq. ) as amended from time to time. provided under the Contract Documents. Work includes-and is the result of performing or providing all labor, services, and 6706-38392\8/20/03 00700-6 yRB documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equip- 1 .The word "furnish," when used in connection with ment into such construction, all as required by the Contract services, materials, or equipment, shall mean to supply Documents. and deliver said services, materials , or equipment to the Site (or some other specified location) ready for use or 49. Work Change Directive-4 written statement to installation and in usable or operable condition. CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by 2.The word "install," when used in connection with ENGINEER ordering an addition, deletion, or revision in the services, materials, or equipment, shall mean to put into Work, or responding to differing or unforeseen subsurface or use or place in final position said services, materials, or physical conditions under which the Work is to be performed or equipment complete and ready for intended use. ' to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the 3.The words "perform" or "provide," when used in parties expect that the change ordered or documented by a connection with services, materials, or equipment, shall Work Change Directive will be incorporated in a subsequently mean to furnish and install said services , materials, or 1 issued Change Order following negotiations by the parties as to equipment complete and ready for intended use. its effect, if any, on the Contract Price or Contract Times. 4. When "furnish," "install, " "perform," or "provide" is 50. Written Amendment—A written statement not used in connection with services, materials, or ' modifying the Contract Documents, signed by OWNER and equipment in a context clearly requiring an obligation of CONTRACTOR on or after the Effective Date of the Agreement CONTRACTOR, "provide" is implied. and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract E. Unless stated otherwise in the Contract Documents, Documents. words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract 1 .02 Terminology Documents in accordance with such recognized meaning. A. Intent of Certain Terms orAdjectives 1 . Whenever in the Contract Documents the terms ARTICLE 2 - PRELIMINARY MATTERS "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," 2.01 Delivery of Bonds "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or A. When CONTRACTOR delivers the executed determination of ENGINEER as to the Work, it is intended Agreements to OWNER, CONTRACTOR shall also deliver to that such action or determination will be solely to evaluate, OWNER such Bonds as CONTRACTOR may be required to 1 in general, the completed Work for compliance with the furnish. requirements of and information in the Contract Documents and conformance with the design concept of the completed 2. 02 Copies of Documents Project as a functioning whole as shown or indicated in the ' Contract Documents (unless there is a specific statement A. OWNER shall furnish to CONTRACTOR up to ten indicating otherwise). The use of any such term or adjective copies of the Contract Documents. Additional copies will be shall not be effective to assign to ENGINEER any duty or furnished upon request at the cost of reproduction. authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary 2.03 Commencement of Contract Times, Notice to to the provisions of paragraph 9. 10 or any other provision of Proceed the Contract Documents. A. The Contract Times will commence to run on the ' B. Day thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to 1 .The word "day" shall constitute a calendar day of Proceed . A Notice to Proceed may be given at any time within 24 hours measured from midnight to the next midnight. 30 days after the Effective Date of the Agreement. In no event ' will the Contract Times commence to run later than the sixtieth C. Defective day after the day of Bid opening or the thirtieth day after the 1 .The word "defective," when modifying the word Effective Date of the Agreement, whichever date is earlier. 'Work," refers to Work that is unsatisfactory, faulty, or 2.04 Starting the Work deficient in that it does not conform to the Contract Documents or does not meet the requirements of any A. CONTRACTOR shall start to perform the Work on the inspection , reference standard, test, or approval date when the Contract Times commence to run. No Work referred to in the Contract Documents, or has been shall be done at the Site prior to the date on which the Contract damaged prior to ENGINEER's recommendation of final Times commence to run. payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial 2.05 Before Starting Construction Completion in accordance with paragraph 14.04 or 1-4.05). A. CONTRACTOR's Review of Contract Documents. Before undertaking each part of the Work, CONTRACTOR shall D. Furnish, Install, Perform, Provide carefully study and compare the Contract Documents and ' 6706-38392\8/20/03 00700-7 VRB check and verify pertinent figures therein and all applicable field measurements . CONTRACTOR shall promptly report in wrifing 1 . The progress schedule will be acceptable to to ENGINEER any conflict, error, ambiguity, or discrepancy ENGINEER if it provides an orderly progression of the which CONTRACTOR may discover and shall obtain a written Work to completion within any specified Milestones and interpretation or clarification from ENGINEER before proceeding the Contract Times . Such acceptance will not impose with any Work affected thereby; however, CONTRACTOR shall on ENGINEER responsibility for the progress schedule, not be liable to OWNER or ENGINEER for failure to report any for sequencing, scheduling, or progress of the Work nor conflict, error, ambiguity, or discrepancy in the Contract interfere with or relieve CONTRACTOR from Documents unless CONTRACTOR knew or reasonably should CONTRACTOR's full responsibility therefore. have known thereof. 2. CONTRACTOR's schedule of Shop Drawing and B. Preliminary Schedules: Within ten days after the Sample submittals will be acceptable to ENGINEER if it Effective Date of the Agreement (unless otherwise specified in provides a workable arrangement for reviewing and the General Requirements), CONTRACTOR shall submit to processing the required submittals . ENGINEER for its timely review. 3. CONTRACTOR's schedule of values will be 1 . a preliminary progress schedule indicating the acceptable to ENGINEER as to form and substance if it times (numbers of days or dates) for starting and provides a reasonable allocation of the Contract Price to completing the various stages of the Work, including component parts of the Work. any Milestones specified in the Contract Documents ; 2. a preliminary schedule of Shop Drawing and ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, Sample submittals which will list each required submittal AMENDING, REUSE and the times for submitting, reviewing, and processing such submittal; and 3. 01 Intent 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items A. The Contract Documents are complementary; what which when added together equal the Contract Price is called for by one is as binding as if called for by all. : and subdivides the Work into component parts in sufficient detail to serve as the basis for progress B. It is the intent of the Contract Documents to describe payments during performance of the Work. Such prices a functionally - complete Project (or part thereof) to be will include an appropriate amount of overhead and constructed in accordance with the Contract Documents. Any profit applicable to each item of Work. labor, documentation, services , materials, or equipment that may reasonably be inferred from the Contract Documents or C. Evidence of Insurance: Before any Work at the Site is from prevailing custom or trade usage as being required to started, CONTRACTOR and OWNER shall each deliver to the produce the intended result will be provided whether or not other, with copies to each additional insured identified in the specifically called for at no additional cost to OWNER. Supplementary Conditions , certificates of insurance (and other evidence of insurance which either of them or any additional C. Clarifications and interpretations of the Contract insured may reasonably request) which CONTRACTOR and Documents shall be issued by ENGINEER as provided in Article OWNER respectively are required to purchase and maintain in 9. accordance with Article 5. 3. 02 Reference Standards 2. 06 Preconstruction Conference A. Standards, Specifications, Codes, Laws, and A. Within 20 days after the Contract Times start to run, Regulations but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as 1 . Reference to standards, specifications, manuals , appropriate will be held to establish a working understanding or codes of any technical society, organization, or among the parties as to the Work and to discuss the schedules association, or to Laws or Regulations, whether such referred to in paragraph 2.05. 6, procedures for handling Shop reference be specific or by implication, shall mean the Drawings and other submittals , processing Applications for standard, specification, manual, code, or Laws or Payment, and maintaining required records. Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no 2.07 Initial Acceptance of Schedules Bids), except as may be otherwise specifically stated in the Contract Documents . A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first 2. No provision of any such standard, specification, Application for Payment a conference attended by CON- manual or code, or any instruction of a Supplier shall be TRACTOR, ENGINEER, and others as appropriate will be held effective to change the duties or responsibilities of to review for acceptability to ENGINEER as provided below the OWNER, CONTRACTOR, or ENGINEER, or any of schedules submitted in accordance with paragraph 2.05.6. their subcontractors, consultants, agents, or employees CONTRACTOR shall have an additional ten days to make from those set forth in the Contract Documents, nor corrections and adjustments and to complete and resubmit the shall any such provision or instruction be effective to schedules. No progress payment shall be made to CON- assign to OWNER, ENGINEER, or any of ENGINEER's TRACTOR until acceptable schedules are submitted to Consultants, agents , or employees any duty or authority ENGINEER. to supervise or direct the performance of the Work or 6706-38392\8/20/03 00700-8 VRB any duty or authority to undertake responsibility thereof) prepared by or bearing the seal of ENGINEER or inconsistent with the provisions of the Contract ENGINEER's Consultant, including electronic media editions; Documents . and (ii) shall not reuse any of such Drawings, Specifications, other documents , or copies thereof on extensions of the Project 3. 03 Reporting and Resolving Discrepancies or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by A. Reporting Discrepancies ENGINEER. This prohibition will survive final payment, ' completion, and acceptance of the Work, or termination or 1 . If, during the performance of the Work, completion of the Contract Nothing herein shall preclude CONTRACTOR discovers any conflict, error, ambiguity, CONTRACTOR from retaining copies of the Contract or discrepancy within the Contract Documents or Documents for record purposes . ' between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification , manual or ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND code, or of any instruction of any Supplier, CONTRAC- PHYSICAL CONDITIONS; REFERENCE POINTS ' TOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required 4.01 Availability of Lands by paragraph 6. 16.A) until an amendment or supple- ment to the Contract Documents has been issued by A. OWNER shall furnish the Site. OWNER shall notify one of the methods indicated in paragraph 3.04; provid- CONTRACTOR of any encumbrances or restrictions not of ed, however, that CONTRACTOR shall not be liable to general application but specifically related to use of the Site with OWNER or ENGINEER for failure to report any such which CONTRACTOR must comply in performing the Work. conflict, error, ambiguity, or discrepancy unless CON- OWNER will obtain in a timely manner and pay for easements TRACTOR knew or reasonably should have known for permanent structures or permanent changes in existing thereof. facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any B. Resolving Discrepancies adjustment in the Contract Price or Contract Times, or both, as ' a result of any delay in OWNER's furnishing the Site, 1 . Except as may be otherwise specifically stated in CONTRACTOR may make a Claim therefore as provided in the Contract Documents, the provisions of the Contract paragraph 10.05. Documents shall take precedence in resolving any ' conflict, error, ambiguity, or discrepancy between the B. Upon reasonable written request, OWNER shall provisions of the Contract Documents and: furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to a. the provisions of any standard, specification, be performed and OWNER's interest therein as necessary for 1 manual, code, or instruction (whether or not specifi- giving notice of or filing a mechanic's or construction lien against cally incorporated by reference in the Contract such lands in accordance with applicable Laws and Regula- Documents); or tions . b. the provisions of any Laws or Regulations C. CONTRACTOR shall provide for all additional lands applicable to the performance of the Work (unless and access thereto that may be required for temporary such an interpretation of the provisions of the construction facilities or storage of materials and equipment. Contract Documents would result in violation of such Law or Regulation). 4.02 Subsurface and Physical Conditions 3. 04 Amending and Supplementing Contract Documents A. Reports and Drawings: The Supplementary ' A. The Contract Documents may be amended to provide Conditions identify: for additions, deletions, and revisions in the Work or to modify 1 .those reports of explorations and tests of the terms and conditions thereof in one or more of the following subsurface conditions at or contiguous to the Site that ways: (i) a Written Amendment; (ii) a Change Order, or (iii) a ENGINEER has used in preparing the Contract Docu- Work Change Directive. ments; and B. The requirements of the Contract Documents may be 2. those drawings of physical conditions in or relat- supplemented, and minor variations and deviations in the Work ing to existing surface or subsurface structures at or ' may be authorized, by one or more of the following ways: (i) a contiguous to the Site (except Underground Facilities) Field Order, (ii) ENGINEER's approval of a Shop Drawing or that ENGINEER has used in preparing the Contract Sample; or (iii) ENGINEER's written interpretation or darifi- Documents . cation. B. Limited Reliance by CONTRACTOR on Technical • 3.05 Reuse of Documents Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and A. CONTRACTOR and any Subcontractor or Supplier or drawings , but such reports and drawings are not Contract Docu- ' other individual or entity performing or furnishing any of the ments. Such "technical data" is identified in the Supplementary Work under a direct or indirect contract with OWNER: (i) shall Conditions. Except for such reliance on such "technical data," not have or acquire any title to or ownership rights in any of the CONTRACTOR may not rely upon or make any Claim against Drawings, Specifications, or other documents (or copies of any ' 6706-38392\8/20/03 1 00700-9 VRB OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: b. with respect to Work that is paid for on a Unit Price Basis , any adjustment in Contract Price 1 . the completeness of such reports and drawings will be subject to the provisions of paragraphs 9.08 for CONTRACTOR's purposes , including, but not and 11 .03. limited to, any aspects of the means, methods, techniques , sequences, and procedures of construction 2. CONTRACTOR shall not be entitled to any to be employed by CONTRACTOR, and safety precau- adjustment in the Contract Price or Contract Times if: tions and programs incident thereto; or 2. oher data , interpretations, opinions, anda. CONTRACTOR knew of the existence of information contained in such reports or shown or such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract indicated in such drawings; or Price and Contract Times by the submission of a � Bid or becoming bound under a negotiated contract; 3. any CONTRACTOR interpretation of or or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. b. the existence of such condition could 4.03 Differing Subsurface or Physical Conditions reasonably have been discovered or revealed as a result of any examination, investigation, exploration, A. Notice: If CONTRACTOR believes that an subsur- test, or study of the Site and contiguous areas Y required by the Bidding Requirements or Contract face or physical condition at or contiguous to the Site that is Documents to be conducted by or for CON- uncovered or revealed either. TRACTOR prior to CONTRACTOR's making such 1 . is of such a nature as to establish that any final commitment; or "technical data" on which CONTRACTOR is entitled to c. CONTRACTOR failed to give the written rely as provided in paragraph 4.02 is materially notice within the time and as required by paragraph inaccurate; or 4.03.A. 2. is of such a nature as to require a change in the 3. If OWNER and CONTRACTOR are unable to Contract Documents; or agree on entitlement to or on the amount or extent, if any, of any adjustment in he Contract Price or Contract 3. differs materially from that shown or indicated in Times, or both, a Claim may be made therefore as the Contract Documents; or provided in paragraph 10.05. However, OWNER, 4. is of an unusual nature, and differs material) from ENGINEER, and ENGINEER's Consultants shall not be Y liable to CONTRACTOR for any claims , costs, losses, conditions ordinarily encountered and generally recognized as or damages (including but not limited to all fees and inherent in work of he character provided for in he Contract charges of engineers, architects, attorneys, and other Documents; professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in then CONTRACTOR shall promptly after becoming aware connection with any other project or anticipated project thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection herewith 4. 04 Underground Facilities (except in an emergency as required by paragraph 6. 16A), notify OWNER and ENGINEER in writing about such condition. A. Shown or Indicated.- The information and data shown CONTRACTOR shall not further disturb such condition or or indicated in the Contract Documents with respect to existing perform any Work in connection therewith (except as aforesaid) Underground Facilities at or contiguous to the Site is based on until receipt of written order to do so. information and data furnished to OWNER or ENGINEER by owners ties, including OWNER, B. ENGINEER's Review- After receipt of written notice o by others. f Unless it s otherwise such Underground elxpressly provided int the as required by paragraph 4. 03.A, ENGINEER will promptly Supplementary Conditions: review he pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect 1 . OWNER and ENGINEER shall not be hereto, and advise OWNER in writing (with a copy to responsible for the accuracy or completeness of any CONTRACTOR) of ENGINEER's findings and conclusions. such information or data; and C. Possible Price and Times Adjustments 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full 1 . The Contract Price or he Contract Times, or responsibility for both, will be equitably adjusted to he extent that the existence of such differing subsurface or physical a. reviewing and checking all such information condition causes an increase or decrease in and data, CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: b. locating all Underground Facilities shown or a. such condition must meet any one or more indicated in the Contract Documents, of the categories described in paragraph 4. 03A; and 6706-38392\8/20/03 00700- 10 VRB ' c. coordination of the Work with the owners of and drawings relating to a Hazardous Environmental Condition such Underground Facilities, including OWNER, identified at the Site, if any, that have been utilized by the during construction, and ENGINEER in the preparation of the Contract Documents . d. the safety and protection of all such Under- S . Limited Reliance by CONTRACTOR on Technical ground Facilities and repairing any damage thereto Data Authorized.• CONTRACTOR may rely upon the general resulting from the Work. accuracy of the "technical data" contained in such reports and drawings , but such reports and drawings are not Contract B. Not Shown or Indicated Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such 1 . If an Underground Facility is uncovered or "technical data," CONTRACTOR may not rely upon or make ' revealed at or contiguous to the Site which was not any Claim against OWNER, ENGINEER or any of ENGINEER's shown or indicated, or not shown or indicated with Consultants with respect to: reasonable accuracy in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof 1 . the completeness of such reports and drawings ' and before further disturbing conditions affected thereby for CONTRACTOR's purposes, including, but not or perfonning any Work in connection therewith (except limited to, any aspects of the means , methods, in an emergency as required by paragraph 6. 16.A), techniques, sequences and procedures of construction identify the owner of such Underground Facility and give to be employed by CONTRACTOR and safety written notice to that owner and to OWNER and ENGI- precautions and programs incident thereto; or NEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to 2. other data, interpretations, opinions and which a change is required in the Contract Documents information contained in such reports or shown or to reflect and document the consequences of the indicated in such drawings; or existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible 3. any CONTRACTOR interpretation of or for the safety and protection of such Underground conclusion drawn from any "technical data" or any such ' Facility. other data, interpretations, opinions or information. 2. If ENGINEER concludes that a change in the C. CONTRACTOR shall not be responsible for any Contract Documents is required, a Work Change Hazardous Environmental Condition uncovered or revealed at Directive or a Change Order will be issued to reflect and the Site which was not shown or indicated in Drawings or ' document such consequences . An equitable Specitications or identified in the Contract Documents to be adjustment shall be made in the Contract Price of within the scope of the Work. CONTRACTOR shall be Contract Times, or both, to the extent that they are responsible for a Hazardous Environmental Condition created attributable to the existence or location of any with any materials brought to the Site by CONTRACTOR, 1 Underground Facility that was not shown or indicated or Subcontractors, Suppliers , or anyone else for whom CON- not shown or indicated with reasonable accuracy in the TRACTOR is responsible. Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected D. If CONTRACTOR encounters a Hazardous to be aware of or to have anticipated. If OWNER and Environmental Condition or if CONTRACTOR or anyone for CONTRACTOR are unable to agree on entitlement to or whom CONTRACTOR is responsible creates a Hazardous on the amount or extent, if any, of any such adjustment Environmental Condition, CONTRACTOR shall immediately: (i) in Contract Price or Contract Times , OWNER or secure or otherwise isolate such condition; (ii) stop all Work in ' CONTRACTOR may make a Claim therefore as connection with such condition and in any area affected thereby provided in paragraph 10.05. (except in an emergency as required by paragraph 6. 16); and (iii) notify OWNER and ENGINEER (and promptly thereafter 4.05 Reference Points confirm such notice in writing). OWNER shall promptly consult ' with ENGINEER concerning the necessity for OWNER to retain A. OWNER shall provide engineering surveys to a qualified expert to evaluate such condition or take corrective establish reference points for construction which in action, if any. ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be E. CONTRACTOR shall not be required to resume Work responsible for laying out the Work, shall protect and preserve in connection with such condition or in any affected area until the established reference points and property monuments, and after OWNER has obtained any required permits related thereto shall make no changes or relocations without the prior written and delivered to CONTRACTOR written notice: (i) specifying ' approval of OWNER. CONTRACTOR shall report to that such condition and any affected area is or has been ENGINEER whenever any reference point or property rendered safe for the resumption of Work; or (ii) specifying any monument is lost or destroyed or requires relocation because of special conditions under which such Work may be resumed necessary changes in grades or locations , and shall be safely. If OWNER and CONTRACTOR cannot agree as to ' responsible for the accurate replacement or relocation of such entitlement to or on the amount or extent, if any, of any reference points or property monuments by professionally adjustment in Contract Price or Contract Times, or both, as a qualified personnel. result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either 4.06 Hazardous Environmental Condition at Site party may make a Claim therefore as provided in paragraph 10.05. A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports ' 6706-38392\8/20/03 00700- 11 VRB F. If after receipt of such written notice CONTRACTOR B. All Bonds shall be in the form prescribed by the does not agree to resume such Work based on a reasonable Contract Documents except as provided otherwise by Laws or belief it is unsafe, or does not agree to resume such Work Regulations, and shall be executed by such sureties as are under such special conditions, then OWNER may order the named in the current list of "Companies Holding Certificates of portion of the Work that is in the area affected by such condition Authority as Acceptable Sureties on Federal Bonds and as to be deleted from the Work. If OWNER and CONTRACTOR Acceptable Reinsuring Companies" as published in Circular 570 cannot agree as to entitlement to or on the amount -0r extent, if (amended) by the Financial Management Service, Surety Bond any, of an adjustment in Contract Price or Contract Times as a Branch, U. S. Department of the Treasury. All Bonds signed by result of deleting such portion of the Work, then either party may an agent must be accompanied by a certified copy of such make a Claim therefore as provided in paragraph 10.05. agent's authority to act OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its G. To the fullest extent permitted by Laws and right to do business is terminated in any state where any part of Regulations, OWNER shall indemnify and hold harmless the Project is located or it ceases to meet the requirements of CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's paragraph 5.01 . 6, CONTRACTOR shall within 20 days Consultants and the officers, directors , partners, employees, thereafter substitute another Bond and surety, both of which agents, other consultants, and subcontractors of each and any shall comply with the requirements of paragraphs 5.01 . 6 and r of them from and against all claims , costs , losses, and damages 5.02. (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or 5. 02 Licensed Sureties and Insurers arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that A. All Bonds and insurance required by the Contract such Hazardous Environmental Condition: (i) was not shown or Documents to be purchased and maintained by OWNER or indicated in the Drawings or Specifications or identified in the CONTRACTOR shall be obtained from surety or insurance Contract Documents to be included within the scope of the companies that are duly licensed or authorized in the jurisdiction Work, and ( i) was not created by CONTRACTOR or by anyone in which the Project is located to issue Bonds or insurance for whom CONTRACTOR is responsible. Nothing in this para- policies for the limits and covers es so uid. Sch surety graph 4.06. E shall obligate OWNER to indemnify any individual and insurance companies shall also meet-such u additional or entity from and against the consequences of that individual's requirements and qualifications as may be or entity's own negligence. q q Y provided in the Supplementary Conditions. H. To the fullest extent permitted by Laws and 5. 03 Certificates of Insurance Regulations , CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants , and the A. CONTRACTOR shall deliver to OWNER, with copies officers, directors, partners , employees, agents, other to each additional insured identified in the Supplementary consultants, and subcontractors of each and any of them from Conditions, certificates of insurance (and other evidence of and against all claims, costs, losses , and damages (including insurance requested by OWNER or any other additional but not limited to all fees and charges of engineers, architects, insured) which CONTRACTOR is required to purchase and attorneys, and other professionals and all court or arbitration or maintain. OWNER shall deliver to CONTRACTOR, with copies other dispute resolution costs) arising out of or relating to a to each additional insured identified in the Supplementary Hazardous Environmental Condition created by CONTRACTOR Conditions, certificates of insurance (and other evidence of or by anyone for whom CONTRACTOR is responsible. Nothing insurance requested by CONTRACTOR or any other additional in this paragraph 4.06. F shall obligate CONTRACTOR to insured) which OWNER is required to purchase and maintain. indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 5.04 CONTRACTOR's Liability Insurance I. The provisions of paragraphs 4.02, 4. 03, and 4.04 are A CONTRACTOR shall purchase and maintain such not intended to apply to a Hazardous Environmental Condition liability and other insurance as is appropriate for the Work being uncovered or revealed at the Site. performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance of the Work and CONTRACTOR's other ARTICLE 5 - BONDS AND INSURANCE obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to 5. 01 Perfonnance, Payment, and Other Bonds perform any of the Work, or by anyone for whose acts any of A. CONTRACTOR shall furnishperformance and them may be liable: payment Bonds, each in an amount at least equal to the 1 . claims under workers' compensation, disability Contract Price as security for the faithful performance and benefits, and other similar employee benefit acts ; payment of all CONTRACTOR's obligations under the Contract ' Documents. These Bonds shall remain in effect at least until 2. claims for damages because of bodily injury, one year after the date when final payment becomes due, occupational sickness or disease, or death of except as provided otherwise by Laws or Regulations or by the CONTRACTOR's employees; Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents . 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees ; 6706-38392\8/20/03 00700- 12 VRB OWNER and any such additional insured of continua- 4. claims for damages insured by reasonably tion of such insurance at final payment and one year ' available personal injury liability coverage which are thereafter). sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such 5.05 OWNER's Liability Insurance person by CONTRACTOR, or (ii) by any other person for any other reason; A . In addition to the insurance required to be provided by ' CONTRACTOR under paragraph 5.04, OWNER, at OWNER's 5. claims for damages, other than to the Work itself, option, may purchase and maintain at OWNER's expense because of injury to or destruction of tangible property OWNER's own liability insurance as will protect OWNER wherever located, including loss of use resulting against claims which may arise from operations under the ' therefrom; and Contract Documents . 6. claims for damages because of bodily injury or 5. 06 Property Insurance death of any person or property damage arising out of the ownership, maintenance or use of any motor A. Unless otherwise provided in the Supplementary vehicle. Conditions , OWNER shall purchase and maintain property insurance uonthe fu B. The policies of insurance so required by this replaceenttco hthereorf (subject tat the Sio such deductiblein the amountoam unts ' paragraph 5.04 to be purchased and maintained shall: as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1 .with respect to insurance required by paragraphs 5.04.A.3 through 5. 04.A.6 inclusive, include as 1 . include the interests of OWNER, CONTRAC- additional insureds (subject to any customary exclusion TOR, Subcontractors, ENGINEER, ENGINEER's in respect of professional liability) OWNER, ENGI- Consultants, and any other individuals or entities identi- NEER, ENGINEER's Consultants , and any other fied in the Supplementary Conditions, and the officers, individuals or entities identified in the Supplementary directors , partners, employees, agents, and other Conditions, all of whom shall be listed as additional consultants and subcontractors of each and any of insureds, and include coverage for the respective them, each of whom is deemed to have an insurable officers , directors , partners , employees, agents, and interest and shall be listed as an additional insured; other consultants and subcontractors of each and any of ' all such additional insureds, and the insurance afforded 2. be written on a Builder's Risk 'all-risk" or open to these additional insureds shall provide primary peril or special causes of loss policy form that shall at coverage for all claims covered thereby; least include insurance for physical loss or damage to the Work, temporary buildings , false work, and 2. include at least the specific coverages and be materials and equipment in transit, and shall insure written for not less than the limits of liability provided in against at least the following the Supplementary Conditions or required b Laws or g 9 Perils or causes s loss: q Y fire, lightning, extended coverage, theft, vandalism and Regulations, whichever is greater, malicious mischief, earthquake, collapse, debris remov- al, demolition occasioned by enforcement of Laws and 3. include completed operations insurance; Regulations, water damage, and such other perils or causes of loss as may be specifically required by the 4. include contractual liability insurance covering Supplementary Conditions ; CONTRACTOR's indemnity obligations under para- graphs 6. 07, 6. 11 , and 6.20; 3. include expenses incurred in the repair or replacement of any insured property (including but not 5. contain a provision or endorsement that the limited to fees and charges of engineers and architects); coverage afforded will not be canceled, materially ' changed or renewal refused until at least thirty days 4. cover materials and equipment stored at the Site prior written notice has been given to OWNER and or at another location that was agreed to in writing by CONTRACTOR and to each other additional insured OWNER prior to being incorporated in the Work, identified in the Supplementary Conditions to whom a provided that such materials and equipment have been ' certificate of insurance has been issued (and the included in an Application for Payment recommended certificates of insurance furnished by the CONTRAC- by ENGINEER; TOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at OWNER;ow for partial utilization of the Work by ' all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in 6. include testing and startup; and accordance with paragraph 13.07; and ' The maintained in effect until final payment is Twith respect to completed operations insurance, made unless otherwise agreed to in writing by OWNER, and any insurance coverage written on a claims-made CONTRACTOR, and ENGINEER with 30 days written basis, remain in effect for at least two years after final notice to each other additional insured to whom a certifi- ' payment (and CONTRACTOR shall fumish OWNER tate of insurance has been issued. and each other additional insured identified in the Supplementary Conditions, to whom a certificate of B. OWNER shall purchase and maintain such boiler and insurance has been issued, evidence satisfactory to machinery insurance or additional property insurance as may be ' 6706-38392\8/20/03 00700- 13 VRB required by the Supplementary Conditions or Laws and have to the proceeds of insurance held by OWNER as trustee Regulations which will include the interests of OWNER, or otherwise payable under any policy so issued. CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants , and any other individuals or entities identified in B. OWNER waives all rights against CONTRACTOR, the Supplementary Conditions, each of whom is deemed to Subcontractors , ENGINEER, ENGINEER's Consultants, and have an insurable interest and shall be listed as an insured or the officers, directors , partners, employees, agents, and other additional insured. consultants and subcontractors of each and any of them for. C. All the policies of insurance (and the certificates or 1 . 1oss due to business interruption, loss of use, or other evidence thereof) required to be purchased and other consequential loss extending beyond direct maintained in accordance with paragraph 5. 06 will contain a physical loss or damage to OWNER's property provision or endorsement that the coverage afforded will not be P party or the g Work caused by, arising out of, or resulting from fire or = E canceled or materially changed or renewal refused until at least other peril whether or not insured by OWNER; and s 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a 2. loss or damage to the completed Project or part certificate of insurance has been issued and will contain waiver thereof caused by, arising out of, or resulting from fire or provisions in accordance with paragraph 5.07. other insured peril or cause of loss covered by any D. OWNER shall not be responsible for purchasing and Property insurance maintained on the completed Project Po P 9 or part thereof by OWNER during partial utilization J5 maintaining any property insurance specified in this paragraph pursuant to paragraph 14. 05, after Substantial Com- 5.06 to protect the interests of CONTRACTOR, Subcontractors, pletion pursuant to paragraph 14.04, or after final or others in the Work to the extent of any deductible amounts payment pursuant to paragraph 14.07. that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be bome by C. Any insurance policy maintained by OWNER covering CONTRACTOR, Subcontractors, or others suffering any such any loss, damage or consequential loss referred to in paragraph loss, and if any of them wishes property insurance coverage 5.07. 8 shall contain provisions to the effect that in the event of within the limits of such amounts, each may purchase and payment of any such loss, damage, or consequential loss, the maintain it at the purchaser's own expense. insurers will have no rights of recovery against CONTRACTOR, Subcontractors , ENGINEER, or ENGINEER's Consultants and E. If CONTRACTOR requests in writing that other the officers, directors, partners , employees, agents, and other special insurance be included in the property insurance policies consultants and subcontractors of each and any of them. provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to 5. 08 Receipt and Application of Insurance Proceeds CONTRACTOR . by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, A. Any insured loss under the policies of insurance OWNER shall in writing advise CONTRACTOR whether or not required by paragraph 5.06 will be adjusted with OWNER and such other insurance has been procured by OWNER. made payable to OWNER as fiduciary for the insureds , as their interests may appear, subject to the requirements of any 5. 07 Waiver of Rights applicable mortgage clause . and of paragraph 5.08. B. OWNER shall deposit in a separate account any money so received and A. OWNER and CONTRACTOR intend that all policies shall distribute it in accordance with such agreement as the purchased in accordance with paragraph 5.06 will protect parties in interest may reach. If no other special agreement is OWNER, CONTRACTOR, Subcontractors , ENGINEER, reached, the damaged Work shall be repaired or replaced, the ENGINEER's Consultants , and all other individuals or entities moneys so received applied on account thereof, and the Work identified in the Supplementary Conditions to be listed as and the cost thereof covered by an appropriate Change Order insureds or additional insureds (and the officers, directors, or Written Amendment. partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and B. OWNER as fiduciary shall have power to adjust and will provide primary coverage for all losses and damages settle any loss with the insurers unless one of the parties in caused by the perils or causes of loss covered thereby. All interest shall object in writing within 15 days after the such policies shall contain provisions to the effect that in the occurrence of loss to OWNER's exercise of this power. If such event of payment of any loss or damage the insurers will have objection be made, OWNER as fiduciary shall make settlement no rights of recovery against any of the insureds or additional with the insurers in accordance with such agreement as the insureds thereunder. OWNER and CONTRACTOR waive all parties in interest may reach. If no such agreement among the rights against each other and their respective officers, directors , parties in interest is reached, OWNER as fiduciary shall adjust partners, employees, agents , and other consultants and and settle the loss with the insurers and, if required in writing by subcontractors of each and any of them for all losses and any party in interest, OWNER as fiduciary shall give bond for damages caused by, arising out of or resulting from any of the the proper performance of such duties. perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, 5 . 09 Acceptance of Bonds and Insurance; Option to waive . all such rights against Subcontractors, ENGINEER, Replace ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as A. If either OWNER or CONTRACTOR has any insureds or additional insureds (and the officers, directors , objection to the coverage afforded by or other provisions of the partners, employees, agents , and other consultants and Bonds or insurance required to be purchased and maintained subcontractors of each and any of them) under such policies for by the other party in accordance with Article 5 on the basis of losses and damages so caused. None of the above waivers non-conformance with the Contract Documents, the objecting shall extend to the rights that any party making such waiver may party shall so notify the other party in writing within 10 days after 6706-38392\8/20/03 00700- 14 VRB receipt of the certificates (or other evidence requested) required B. Except as oh by paragraph 2.05. C. OWNER and CONTRACTOR shall each protection of persons orthe Work se gor�rproperty ed for the the Site or ' provide to the other such additional information in respect of adjacent thereto, and except as otherwise stated in the Contract insurance provided as the other may reasonably request If Documents, all Work at the Site shall be performed during either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, regular rtimew work orothe performance urs , and f Work CTOR won ill nSatr permit such party shall notify the other party in writing of such failure to Sunday, or any legal holiday without OWNER's written consent purchase prior to the start of the Work, or of such failure to (which will not unreasonably withheld) given after prior maintain prior to any change in the required coverage. Without written notice to ENGINEER. prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other ' party's interests at the expense of the party who was required to 6.03 Services, Materials, and Equipment provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full ' 5. 10 Partial Utilization, Acknowledgment of Property responsibility for all services, materials, equipment, labor, Insurer transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary A. If OWNER finds it necessary to occupy or use a facilities, temporary facilities, and all other facilities and portion or portions of the Work prior to Substantial Completion incidentals necessary for the performance, testing , start-up, and of all the Work as provided in paragraph 14.05, no such use or completion of the Work. occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have B. All materials and equipment incorporated into the acknowledged notice thereof and in writing effected any Work shall be as specified or, if not specified, shall be of good changes in coverage necessitated thereby. The insurer; quality and new, except as otherwise provided in the Contract providing the property insurance shall consent by endorsement Documents. All warranties and guarantees specifically called on the policy or policies, but the property insurance shall not be for by the Specifications shall expressly run to the benefit of ' canceled or permitted to lapse on account of any such partial OWNER. If required by ENGINEER, CONTRACTOR shall use or occupancy. fumish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- 6.01 Supervision and Superintendence ments. ' A. CONTRACTOR shall supervise, inspect, and direct 6 . 04 Progress Schedule the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be A. CONTRACTOR shall adhere to the progress necessary to perform the Work in accordance with the Contract schedule established in accordance with paragraph 2.07 as it ' Documents. CONTRACTOR shall be solely responsible for the may be adjusted from time to time as provided below. means, methods, techniques, sequences , and procedures of construction, but CONTRACTOR shall not be responsible for 1 . CONTRACTOR shall submit to ENGINEER for the negligence of OWNER or ENGINEER in the design or acceptance specification of a spec means, method, techni ue s uence roposda u the extent indicated in paragraph that technique, eq proposed adjustments in the progress schedule that will or procedure of construction which is shown or indicated in and not result in changing the Contract Times (or expressly required by the Contract Documents. CON- Milestones). Such adjustments will conform generally to TRACTOR shall be responsible to see that the completed Work the progress schedule then in effect and additionally will complies accurately with the Contract Documents. comply with any provisions of the General Re- B. At all times duringthe quirements applicable thereto. progress of the Work, CONTRACTOR shall assign a competent resident superin- in the 2. ProP I osed adjustments tendent thereto who shall not be replaced without written notice Progress schedule to OWNER and ENGINEER except under extraordinarythat will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of circumstances. The superintendent will be CONTRACTOR's Article 12. Such adjustments may only be made by a representative at the Site and shall have authority nh' to act on Change Osier or Written Amendment in accordance ' behalf of CONTRACTOR. All communications given to or with Article 12. received from the superintendent shall be binding on CONTRACTOR. 6. 05 Substitutes and "Or-Equals" ' 6.02 Labor, Working Hours A. Whenever an item of material or equipment is spe A. CONTRACTOR shall provide competent, suitably n mefiofa proprietary item or the name or described in the Contract fa particular Suppliements by using r, qualified personnel to survey, lay out, and construct the Work the specification or description is intended to establish the type, as required by the Contract Documents. CONTRACTOR shall function, appearance, and quality required. Unless the at all times maintain good discipline and order at the Site. specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or ' 6706-38392\8/20/03 00700- 15 VRB material or equipment of other Suppliers may be submitted to change in any of the Contract Documents (or in the ENGINEER for review under the circumstances described provisions of any other direct contract with OWNER below. for work on the Project) to adapt the design to the proposed substitute item and whether or not 1 . 'Or-Equal" Items: If in ENGINEER's sole discre- incorporation or use of the proposed substitute item tion an item of material or equipment proposed by CON- in connection with the Work is subject to payment of TRACTOR is functionally equal to that named and any license fee or royalty. All variations of the -pro- sufficiently similar so that no change in related Work will posed substitute item from that specified will be be required, it may be considered by ENGINEER as an identified in the application, and available "or-equal" item, in which case review and approval of engineering, sales, maintenance, repair, and the proposed item may, in ENGINEER's sole discretion, replacement services will be indicated. The be accomplished without compliance with some or all of application will also contain an itemized estimate of the requirements for approval of proposed substitute all costs or credits that will result directly or indirectly ` £ items. For the purposes of this paragraph 6.05.A. 1 , a from use of such substitute item, including costs of proposed item of material or equipment will be redesign and claims of other contractors affected by considered functionally equal to an item so named if: any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute a. in the exercise of reasonable judgment item. ENGINEER may require CONTRACTOR to ENGINEER determines that: (i) it is at least equal furnish additional data about the proposed in quality, durability, appearance, strength, and substitute item. design characteristics; (ii) it will reliably perform at least equally well the function imposed by the B. Substitute Construction Methods or Procedures: If a design concept of the completed Project as a specific means, method, technique, sequence, or procedure of functioning whole, and; construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize b. CONTRACTOR certifies that: (i) there is no a substitute means, method, technique, sequence, or procedure increase in cost to the OWNER; and (ii) it will of construction approved by ENGINEER. CONTRACTOR shall conform substantially, even with deviations, to the submit sufficient information to allow ENGINEER, in detailed requirements of the item named in the ENGINEER's sole discretion, to determine that the. substitute Contract Documents. proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER 2. Substitute Items will be similar to that provided in subparagraph 6.05A.2. a. If in ENGINEER's sole discretion an item of C. Engineer's Evaluation: ENGINEER will be allowed a material or equipment proposed by CONTRACTOR reasonable time within which to evaluate each proposal or does not qualify as an "or-equal' item under submittal made pursuant to paragraphs 6.05.A and 6.05. 6. paragraph 6.05A. 1 , it will be considered a proposed ENGINEER will be the sole judge of acceptability. No "or-equal" substitute item . or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by b. CONTRACTOR shall submit sufficient infor- either a Change Order for a substitute or an approved Shop mation as provided below to allow ENGINEER to Drawing for an "or equal." ENGINEER will advise determine that the item of material or equipment CONTRACTOR in writing of any negative determination. proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests D. Special Guarantee: OWNER may require CON- for review of proposed substitute items of material TRACTOR to furnish at CONTRACTOR's expense a special or equipment will not be accepted by ENGINEER � performance guarantee or other surety with respect to any from anyone other than CONTRACTOR. substitute. c. The procedure for review by ENGINEER E. ENGINEER's Cost Reimbursement: ENGINEER will will be as set forth in paragraph 6.05A.2.d, as record time required by ENGINEER and ENGINEER's Consul- supplemented in the General Requirements and as tants in evaluating substitute proposed or submitted by ENGINEER may decide is appropriate under the CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05. 6 - circumstances. and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on d. CONTRACTOR shall first make written the Project) occasioned thereby. Whether or not ENGINEER application to ENGINEER for review of a proposed approves a substitute item so proposed or submitted by CON- substitute item of material or equipment that TRACTOR, CONTRACTOR shall reimburse OWNER for the CONTRACTOR seeks to furnish or use. The charges of ENGINEER and ENGINEER's Consultants for application shall certify that the proposed substitute evaluating each such proposed substitute. Rem will perform adequately the functions and achieve the results called for by the general design, F. CONTRACTOR's Expense: CONTRACTOR shall be similar in substance to that specified, and be provide all data in support of any proposed substitute or suited to the same use as that specified. The appli- 'or-equal" at CONTRACTOR's expense. cation will state the extent, if any, to which the use of the proposed substitute item will prejudice 6.06 Concerning Subcontractors, Suppliers, and Others CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the A. CONTRACTOR shall not employ any Subcontractor, proposed substitute item in the Work will require a Supplier, or other individual or entity (including those acceptable 6706-38392\8/20/03 00700- 16 VRB ' to OWNER as indicated in paragraph 6.06. 6), whether initially insurance provided in paragraph 5.06, the agreement between or as a replacement, against whom OWNER may have reason- the CONTRACTOR and the Subcontractor or Supplier will able objection. CONTRACTOR shall not be required to employ contain provisions whereby the Subcontractor or Supplier any Subcontractor, Supplier, or other individual or entity to waives all rights against OWNER, CONTRACTOR, ENGI- fumish or perform any of the Work against whom NEER, ENGINEER's Consultants, and all other individuals or CONTRACTOR has reasonable objection. entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors , ' B. If the Supplementary Conditions require the identity of partners, employees, agents, and other consultants and certain Subcontractors, Suppliers , or other individuals or entities subcontractors of each and any of them) for all losses and to be submitted to OWNER in advance for acceptance by damages caused by, arising out of, relating to, or resulting from OWNER by a specified date prior to the Effective Date of the any of the perils or causes of loss covered by such policies and ' Agreement, and if CONTRACTOR has submitted a list thereof any other property insurance applicable to the Work. If the in accordance with the Supplementary Conditions , OWNER's insurers on any such policies require separate waiver forms to acceptance (either in writing or by failing to make written objec- be signed by any Subcontractor or Supplier, CONTRACTOR tion thereto by the date indicated for acceptance or objection in will obtain the same. ' the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified 6. 07 Patent Fees and Royalties may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable A. CONTRACTOR shall pay all license fees and replacement for the rejected Subcontractor, Supplier, or other royalties and assume all costs incident to the use in the individual or entity, and the Contract Price will be adjusted by performance of the Work or the incorporation in the Work of any the difference in the cost occasioned by such replacement, and invention, design, process , product, or device which is the an appropriate Change Order will be issued or Written subject of patent rights or copyrights held by others. If a Amendment signed. No acceptance by OWNER of any such particular invention, design, process, product, or device is Subcontractor, Supplier, or other individual or entity, whether specked in the Contract Documents for use in the performance initially or as a replacement, shall constitute a waiver of any of the Work and if to the actual knowledge of OWNER or right of OWNER or ENGINEER to reject defective Work. ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, ' C. CONTRACTOR shall be fully responsible to OWNER the existence of such rights shall be disclosed by OWNER in and ENGINEER for all acts and omissions of the the Contract Documents . To the fullest extent permitted by Subcontractors, Suppliers , and other individuals or entities Laws and Regulations, CONTRACTOR shall indemnify and performing or furnishing any of the Work just as hold harmless OWNER, ENGINEER, ENGINEER's ' CONTRACTOR is responsible for CONTRACTOR's own acts Consultants , and the officers, directors, partners, employees or and omissions. Nothing in the Contract Documents shall create agents, and other consultants of each and any of them from and for the benefit of any such Subcontractor, Supplier, or other against all claims, costs, losses, and damages (including but individual or entity any contractual relationship between not limited to all fees and charges of engineers, architects , OWNER or ENGINEER and any such Subcontractor, Supplier attorneys, and other professionals and all court or arbitration or or other individual or entity, nor shall it create any obligation on other dispute resolution costs) arising out of or relating to any the part of OWNER or ENGINEER to pay or to see to the infringement of patent rights or copyrights incident to the use in payment of any moneys due any such Subcontractor, Supplier, the performance of the Work or resulting from the incorporation ' or other individual or entity except as may otherwise be required in the Work of any invention, design, process , product, or by Laws and Regulations. device not specified in the Contract Documents. D. CONTRACTOR shall be solely responsible for 6.08 Permits ' scheduling and coordinating the Work of Subcontractors, Suppliers , and other individuals or entities performing or fumish- A. Unless otherwise provided in the Supplementary ing any of the Work under a direct or indirect contract with Conditions, CONTRACTOR shall obtain and pay for all CONTRACTOR. construction permits and licenses . OWNER shall assist ' CONTRACTOR, when necessary, in obtaining such permits E. CONTRACTOR shall require all Subcontractors, and licenses. CONTRACTOR shall pay all governmental Suppliers, and such other individuals or entities performing or charges and inspection fees necessary for the prosecution of furnishing any of the Work to communicate with ENGINEER the Work which are applicable at the time of opening of Bids, or, through CONTRACTOR. if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for F. The divisions and sections of the Specifications and connections to the Work, and OWNER shall pay all charges of the identifications of any Drawings shall not control such utility owners for capital costs related thereto, such as ' CONTRACTOR in dividing the Work among Subcontractors or plant investment fees. Suppliers or delineating the Work to be performed by any specific trade. 6.09 Laws and Regulations ' G. All Work performed for CONTRACTOR by a A. CONTRACTOR shall give all notices and comply with Subcontractor or Supplier will be pursuant to an appropriate all Laws and Regulations applicable to the performance of the agreement between CONTRACTOR and the Subcontractor or Work. Except where otherwise expressly required by applicable Supplier which specifically binds the Subcontractor or Supplier Laws and Regulations, neither OWNER nor ENGINEER shall to the applicable terms and conditions of the Contract be responsible for monitoring CONTRACTOR's compliance with ' Documents for the benefit of OWNER and ENGINEER. any Lrws or Regulations. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property ' 6706-38392\8/20/03 00700- 17 VRB B. If CONTRACTOR performs any Work knowing or B. Removal of Debris During Performance of the Work- having reason to know that it is contrary to Laws or Regulations , During the progress of the Work CONTRACTOR shall keep the CONTRACTOR shall bear all claims, costs , losses, and Site and other areas free from accumulations of waste damages (including but not limited to all fees and charges of materials, rubbish, and other debris . Removal and disposal of engineers, architects, attorneys, and other professionals and all such waste materials , rubbish, and other debris shall conform to court or arbitration or other dispute resolution costs) arising out applicable Laws and Regulations. of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the C. Cleaning. Prior to Substantial Completion of the Work Specifications and Drawings are in accordance with Laws and CONTRACTOR shall dean the Site and make it ready for Regulations, but this shall not relieve CONTRACTOR of utilization by OWNER. At the completion of the Work CON- CONTRACTOR's obligations under paragraph 3.03. TRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials C. Changes in Laws or Regulations not known at the and shall restore to original condition all property not designated time of opening of Bids (or, on the Effective Date of the for alteration by the Contract Documents. Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an D. Loading Structures: CONTRACTOR shall not load adjustment in Contract Price or Contract Times. If OWNER and nor permit any part of any structure to be loaded in any manner CONTRACTOR are unable to agree on entitlement to or on the that will endanger the structure, nor shall CONTRACTOR amount or extent, if any, of any such adjustment, a Claim may subject any part of the Work or adjacent property to stresses or be made therefore as provided in paragraph 10.05. pressures that will endanger it. 6. 10 Taxes 6. 12 Record Documents A. CONTRACTOR shall pay all sales, consumer, use, A. CONTRACTOR shall maintain in a safe place at the and other similar taxes required to be paid by CONTRACTOR in Site one record copy of all Drawings, Specifications , Addenda, accordance with the Laws and Regulations of the place of the Written Amendments, Change Orders, Work Change Project which are applicable during the performance of the Directives, Field Orders , and written interpretations and Work• clarifications in good order and annotated to show changes made during construction. These record documents together 6. 11 Use of Site and Other Areas with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. A. Limitation on Use of Site and Other Areas Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER 1 . CONTRACTOR shall confine construction equip- for OWNER. ment, the storage of materials and equipment, and the operations of workers to the Site and other areas 6. 13 Safety and Protection permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with A. CONTRACTOR shall be solely responsible for construction equipment or other materials or equipment. initiating, maintaining and supervising all safety precautions and CONTRACTOR shall assume full responsibility for any programs in connection with the Work. CONTRACTOR shall damage to any such land or area, or to the owner or take all necessary precautions for the safety of, and shall occupant thereof, or of any adjacent land or areas provide the necessary protection to prevent damage, injury or resulting from the performance of the Work. loss to: 2. Should any claim be made by any such owner or 1 . all persons on the Site or who may be affected occupant because of the performance of the Work, by the Work; CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by 2. all the Work and materials and equipment to be arbitration or other dispute resolution proceeding or at incorporated therein, whether in storage on or off the law- Site; and 3. To the fullest extent permitted by Laws and 3. other property at the Site or adjacent thereto, Regulations, CONTRACTOR shall indemnify and hold including trees, shrubs, lawns , walks, pavements, harmless OWNER, ENGINEER, ENGINEER's roadways, structures, utilities , and Underground Facili- Consultant, and the officers, directors, partners , ties not designated for removal, relocation, or employees, agents, and other consultants of each and replacement in the course of construction. any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and B. CONTRACTOR shall comply with all applicable Laws charges of engineers, architects, attorneys, and other and Regulations relating to the safety of persons or property, or professionals and all court or arbitration or other dispute to the protection of persons or property from damage, injury, or resolution costs) arising out of or relating to any claim or loss; and shall erect and maintain all necessary safeguards for action, legal or equitable, brought by any such owner or such safety and protection. CONTRACTOR shall notify owners occupant against OWNER, ENGINEER, or any other of adjacent property and of Underground Facilities and other party indemnified hereunder to the extent caused by or utility owners when prosecution of the Work may affect them, based upon CONTRACTOR's performance of the and shall cooperate with them in the protection, removal, Work• relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6. 13.A.2 or 6. 13.A.3 caused, directly or indirectly, in whole or in part, by 6706-38392\8/20/03 00700- 18 VRB CONTRACTOR, any Subcontractor, Supplier, or any other pertinent data such as catalog numbers, and the use for which individual or entity directly or indirectly employed by any of them intended and otherwise as ENGINEER may require to enable ' to perform any of the Work, or anyone for whose acts any of ENGINEER to review the submittal for the limited purposes them may be liable, shall be remedied by CONTRACTOR required by paragraph 6. 17. E. The numbers of each Sample to (except damage or loss attributable to the fault of Drawings or be submitted will be as specified in the Specifications. Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed C. Where a Shop Drawing or Sample is required by the by any of them , or anyone for whose acts any of them may be Contract Documents or the schedule of Shop Drawings and liable, and not attributable , directly or indirectly, in whole or in Sample submittals acceptable to ENGINEER as required by part, to the fault or negligence of CONTRACTOR or any paragraph 2. 07, any related Work performed prior to Subcontractor, Supplier, or other individual or entity directly or ENGINEER's review and approval of the pertinent submittal will indirectly employed by any of them ) . CONTRACTOR's duties be at the sole expense and responsibility of CONTRACTOR. and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and D. Submittal Procedures ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07. 6 that the 1 . 13efore submitting each Shop Drawing or Sam- Work is acceptable (except as otherwise expressly provided in ple , CONTRACTOR shall have determined and verified: connection with Substantial Completion ). a . all field measurements, quantities, dimen- 6 . 14 Safety Representative sions , specified performance criteria, installation requirements, materials, catalog numbers, and A. CONTRACTOR shall designate a qualified and similar information with respect thereto; ' experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the b. all materials with respect to intended use, maintaining and supervising of safety precautions and fabrication , shipping , handling , storage, assembly, programs . and installation pertaining to the performance of the ' 6 . 15 Hazard Communication Programs Work; c. all information relative to means , methods, A. CONTRACTOR shall be responsible for coordinating techniques, sequences , and procedures of ' any exchange of material safety data sheets or other hazard construction and safety precautions and programs communication information required to be made available to or incident thereto; and exchanged between or among employers at the Site in accordance with Laws or Regulations . d . CONTRACTOR shall also have reviewed ' and coordinated each Shop Drawing or Sample with 6 . 16 Emergencies other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- A. In emergencies affecting the safety or protection of ments . persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened dam- 2. Each submittal shall bear a stamp or specific age, injury, or loss. CONTRACTOR shall give ENGINEER written indication that CONTRACTOR has satisfied prompt written notice if CONTRACTOR believes that any CONTRACTOR's obligations under the Contract ' significant changes in the Work or variations from the Contract Documents with respect to CONTRACTOR's review Documents have been caused thereby or are required as a and approval of that submittal . result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by 3.At the time of each submittal, CONTRACTOR ' CONTRACTOR in response to such an emergency, a Work shall give ENGINEER specific written notice of such Change Directive or Change Order will be issued . variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the 6 . 17 Shop Drawings and Samples Contract Documents, such notice to be in a written com- munication separate from the submittal ; and , in addition , A. CONTRACTOR shall submit Shop Drawings to shall cause a specific notation to be made on each ENGINEER for review and approval in accordance with the Shop Drawing and Sample submitted to ENGINEER for acceptable schedule of Shop Drawings and Sample submittals. review and approval of each such variation. All submittals will be identified as ENGINEER may require and ' in the number of copies specified in the General Requirements. E . ENGINEER's Review The data shown on the Shop Drawings will be complete with respect to quantities, dimensions , specified performance and 1 . ENGINEER will timely review and approve Shop design criteria , materials, and similar data to show ENGINEER Drawings and Samples in accordance with the schedule ' the services , materials, and equipment CONTRACTOR of Shop Drawings and Sample submittals acceptable to proposes to provide and to enable ENGINEER to review the ENGINEER. ENGINEER's review and approval will be information for the limited purposes required by paragraph only to determine if the items covered by the submittals 6 . 17. E. will, after installation or incorporation in the Work, con- form to the information given in the Contract Documents B. CONTRACTOR shall also submit Samples to and be compatible with the design concept of the ENGINEER for review and approval in accordance with the completed Project as a functioning whole as indicated acceptable schedule of Shop Drawings and Sample submittals. by the Contract Documents. ' Each Sample will be identified clearly as to material , Supplier, 6706-38392\ 12/5/03 00700- 19 VRB 2. ENGINEER's review and approval will not extend 2. recommendation by ENGINEER or payment by to means, methods, techniques, sequences, or OWNER of any progress or final payment; procedures of construction (except where a particular means, method, technique, sequence, or procedure of 3. the issuance of a certificate of Substantial construction is specifically and expressly called for by Completion by ENGINEER or any payment related the Contract Documents) or to safety precautions or thereto by OWNER; programs incident thereto. The review and approval of a separate item as such will not indicate approval of the 4. use or occupancy of the Work or any part thereof assembly in which the item functions. by OWNER; 3. ENGINEER's review and approval of Shop 5. any acceptance by OWNER or any failure to do Drawings or Samples shall not relieve CONTRACTOR so; from responsibility for any variation from the require- ments of the Contract Documents unless CONTRAC- 6. any review and approval of a Shop Drawing or TOR has in writing called ENGINEER's attention to Sample submittal or the issuance of a notice of accept- each such variation at the time of each submittal as re- ability by ENGINEER ; quired by paragraph 6. 17 . D. 3 and ENGINEER has given written approval of each such variation by specific 7. any inspection , test, or approval by others; or written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval ; nor will any 8. any correction of defective Work by OWNER. approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of 6 . 20 Indemnification paragraph 6. 17. D. 1 . A. To the fullest extent permitted by Laws and Regula- F. Resubmittal Procedures tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the 1 . CONTRACTOR shall make corrections required officers, directors, partners, employees, agents, and other by ENGINEER and shall return the required number of consultants and subcontractors of each and any of them from corrected copies of Shop Drawings and submit as and against all claims, costs, losses, and damages (including required new Samples for review and approval. CON- but not limited to all fees and charges of engineers, architects, TRACTOR shall direct specific attention in writing to attorneys, and other professionals and all court or arbitration or revisions other than the corrections called for by ENGI- other dispute resolution costs) arising out of or relating to the NEER on previous submittals. performance of the Work, provided that any such claim , cost, 6. 18 Continuing the Work loss, or damage: Us attributable to bodily injury, sickness, disease, A. CONTRACTOR shall carry on the Work and adhere or death, or to injury to or destruction of tangible to the progress schedule during all disputes or disagreements property (other than the Work itself), including the loss with OWNER. No Work shall be delayed or postponed pending of use resulting therefrom; and resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and 2. is caused in whole or in part by any negli- CONTRACTOR may otherwise agree in writing . gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity 6. 19 CONTRACTOR's General Warranty and Guarantee directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them A. CONTRACTOR warrants and guarantees to OWNER, may be liable, regardless of whether or not caused in ENGINEER, and ENGINEER's Consultants that all Work will be part by any negligence or omission of an individual or in accordance with the Contract Documents and will not be entity indemnified hereunder or whether liability is defective. CONTRACTOR's warranty and guarantee hereunder imposed upon such indemnified party by Laws and excludes defects or damage caused by: Regulations regardless of the negligence of any such individual or entity. 1 . abuse, modification , or improper maintenance or operation by persons other than CONTRACTOR, Sub- B. In any and all claims against OWNER or ENGINEER contractors, Suppliers , or any other individual or entity or any of their respective consultants, agents, officers, directors, for whom CONTRACTOR is responsible; or partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, 2. normal wear and tear under normal usage. any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of B. CONTRACTOR's obligation to perform and complete the Work, or anyone for whose acts any of them may be liable, the Work in accordance with the Contract Documents shall be the indemnification obligation under paragraph 6. 20.A shall not absolute. None of the following will constitute an acceptance of be limited in any way by any limitation on the amount or type of Work that is not in accordance with the Contract Documents or damages, compensation , or benefits payable by or for CON- a release of CONTRACTOR's obligation to perform the Work in TRACTOR or any such Subcontractor, Supplier, or other accordance with the Contract Documents: individual or entity under workers' compensation acts, disability 1 . observations by ENGINEER; benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6. 20.A shall not extend to the liability of 6706-38392\ 12/5/03 00700-20 VRB ENGINEER and ENGINEER's Consultants or to the officers, 7. 02 Coordination directors, partners , employees , agents , and other consultants and subcontractors of each and any of them arising out of: A. If OWNER intends to contract with others for the ' performance of other work on the Project at the Site, the 1 . the preparation or approval of, or the failure to following will be set forth in Supplementary Conditions : prepare or approve, maps, Drawings , opinions, reports, surveys, Change Orders, designs, or Specifications; or I . the individual or entity who will have authority and responsibility for coordination of the activities among the 2. giving directions or instructions , or failing to give various contractors will be identified; them, if that is the primary cause of the injury or damage. 2. the specific matters to be covered by such ' authority and responsibility will be itemized; and ARTICLE 7 - OTHER WORK 3. the extent of such authority and responsibilities will be provided. 7.01 Related Work at Site B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility A OWNER may perform other work related to the for such coordination. Project at the Site by OWNER's employees, or let other direct contracts therefore, or have other work performed by utility owners . If such other work is not noted in the Contract ARTICLE 8 - OWNER'S RESPONSIBILITIES Documents, then: 1 .written notice thereof will be given to CONTRAC- 8.01 Communications to Contractor TOR prior to starting any such other work; and A. Except as otherwise provided in these General Condi- 2. if OWNER and CONTRACTOR are unable to tions, OWNER shall issue all communications to agree on entitlement to or on the amount or extent, if CONTRACTOR through ENGINEER. any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other 8. 02 Replacement of ENGINEER work, a Claim may be made therefore as provided in ' paragraph 10.05. A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom B. CONTRACTOR shall afford each other contractor CONTRACTOR makes no reasonable objection, whose status who is a party to such a direct contract and each utility owner under the Contract Documents shall be that of the former ENGI- (and OWNER, if OWNER is performing the other work with NEER. OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of 8.03 Furnish Data materials and equipment and the execution of such other work ' and shall property coordinate the Work with theirs. Unless A. OWNER shall promptly furnish the data required of otherwise provided in the Contract Documents, CONTRACTOR OWNER under the Contract Documents. shall do all cutting, fitting, and patching of the Work that may be required to property connect or otherwise make its several parts 8.04 Pay Promptly When Due ' come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by A. OWNER shall make payments to CONTRACTOR cutting, excavating, or otherwise altering their work and will only promptly when they are due as provided in paragraphs 14. 02.0 cut or alter their work with the written consent of ENGINEER and 14.07.C. ' and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for 8.05 Lands and Easements, Reports and Tests the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of A. OWNER's duties in respect of providing lands and CONTRACTOR in said direct contracts between OWNER and easements and providing engineering surveys to establish such utility owners and other contractors. reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making C. If the proper execution or results of any part of available to CONTRACTOR copies of reports of explorations CONTRACTOR's Work depends upon work performed by and tests of subsurface conditions and drawings of physical others under this Article 7, CONTRACTOR shall inspect such conditions in or relating to existing surface or subsurface other work and promptly report to ENGINEER in writing any structures at or contiguous to the Site that have been utilized by delays, defects, or deficiencies in such other work that render it ENGINEER in preparing the Contract Documents . ' unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report 8.06 Insurance will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for A. OWNER's responsibilities , if any, in respect to pur- latent defects and deficiencies in such other work. chasing and maintaining liability and property insurance are set ' forth in Article 5. 6706-38392\8/20/03 00700-21 VRB 8 . 07 Change Orders OWNER informed of the progress of the Work and will endeay. or to guard OWNER against defective Work. A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set 8 . 08 Inspections, Tests, and Approvals forth in paragraph 9. 10, and particularly, but without limitation , during or as a result of ENGINEER's visits or observations of - A OWNER's responsibility in respect to certain inspec - CONTRACTOR's Work ENGINEER will not supervise, direct, tions, tests, and approvals is set forth in paragraph 13.03. 13. control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques , sequences, or 8.09 Limitations on OWNER's Responsibilities procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR A The OWNER shall not supervise, direct, or have to comply with Laws and Regulations applicable to the control or authority over, nor be responsible for, performance of the Work. CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and 9.03 Project Representative programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- A. If OWNER and ENGINEER agree, ENGINEER will mance of the Work. OWNER will not be responsible for furnish a Resident Project Representative to assist ENGINEER CONTRACTOR's failure to perform the Work in accordance in providing more extensive observation of the Work. The with the Contract Documents. responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as 8. 10 Undisclosed Hazardous Environmental Condition provided in paragraph 9. 10 and in the Supplementary Conditions. If OWNER designates another representative or A. OWNER's responsibility in respect to an undisclosed agent to represent OWNER at the Site who is not ENGINEER's Hazardous Environmental Condition is set forth in paragraph Consultant, agent or employee, the responsibilities and authority 4.06• and limitations thereon of such other individual or entity will be 8. 11 Evidence of Financial Arrangements as provided in the Supplementary Conditions . A. If and to the extent OWNER has agreed to furnish 9.04 Clarifications and Interpretations CONTRACTOR reasonable evidence that financial A. ENGINEER will issue with reasonable promptness arrangements have been made to satisfy OWNER's obligations such written clarifications or interpretations of the requirements under the Contract Documents , OWNER's responsibility in of the Contract Documents as ENGINEER may determine respect thereof will be as set forth in the Supplementary necessary, which shall be consistent with the intent of and Conditions. reasonably inferable from the Contract Documents . Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR ARTICLE 9 - ENGINEER'S STATUS DURING are unable to agree on entitlement to or on the amount or CONSTRUCTION extent, if any, of any adjustment in the Contract Price or Contract Times, or both , that should be allowed as a result of a written clarification or interpretation , a Claim may be made 9.01 OWNER'S Representative therefore as provided in paragraph 10.05. A ENGINEER will be OWNER's representative during 9.05 Authorized Variations in Work the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's A. ENGINEER may authorize minor variations in the representative during construction are set forth in the Contract Work from the requirements of the Contract Documents which } Documents and will not be changed without written consent of do not involve an adjustment in the Contract Price or the OWNER and ENGINEER. Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the 9.02 Visits to site Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CON- A. ENGINEER will make visits to the Site at intervals TRACTOR, who shall perform the Work involved promptly. If appropriate to the various stages of construction as ENGINEER OWNER and CONTRACTOR are unable to agree on deems necessary in order to observe as an experienced and entitlement to or on the amount or extent, if any, of any qualified design professional the progress that has been made adjustment in the Contract Price or Contract Times, or both, as and the quality of the various aspects of CONTRACTOR's a result of a Field Order, a Claim may be made therefore as executed Work. Based on information obtained during such provided in paragraph 10.05. visits and observations , ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in 9. 06 Rejecting Defective Work accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on A. ENGINEER will have authority to disapprove or reject the Site to check the quality or quantity of the Work. Work which ENGINEER believes to be defective, or that ENGINEER's efforts will be directed toward providing for ENGINEER believes will not produce a completed Project that OWNER a greater degree of confidence that the completed conforms to the Contract Documents or that will prejudice the Work will conform generally to the Contract Documents . On the integrity of the design concept of the completed Project as a basis of such visits and observations, ENGINEER will keep functioning whole as indicated by the Contract Documents. 6706-38392\8/20/03 00700-22 VRB ENGINEER will also have authority to require special inspection individual or entity, or to any surety for or employee or agent of or testing of the Work as provided in paragraph 13.04, whether any of them. or not the Work is fabricated, installed, or completed . ' B. ENGINEER will not supervise, direct, control, or have 9.07 Shop Drawings, Change Orders and Payments authority over or be responsible for CONTRACTOR's means , methods, techniques , sequences, or procedures of A. In connection with ENGINEER's authority as to Shop construction, or the safety precautions and programs incident ' Drawings and Samples, see paragraph 6. 17. thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the B. In connection with ENGINEER's authority as to Work. ENGINEER will not be responsible for CONTRACTOR's Change Orders, see Articles 101 11 , and 12. failure to perform the Work in accordance with the Contract Documents. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any ' 9.08 Determinations for Unit Price Work Supplier, or of any other individual or entity performing any of the W ark. A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by D. ENGINEER's review of the final Application for ' CONTRACTOR. ENGINEER will review with CONTRACTOR Payment and accompanying documentation and all mainte- the ENGINEER's preliminary determinations on such matters nance and operating instructions, schedules, guarantees, before rendering a written decision thereon (by recommendation Bonds, certificates of inspection, tests and approvals, and other of an Application for Payment or otherwise). ENGINEER's documentation required to be delivered by paragraph 14.07.A written decision thereon will be final and binding (except as will only be to determine generally that their content complies modified by ENGINEER to reflect changed factual conditions or with the requirements of, and in the case of certificates of in- more accurate data) upon OWNER and CONTRACTOR, spections, tests, and approvals that the results certified indicate subject to the provisions of paragraph 10.05. compliance with, the Contract Documents. 9.09 Decisions on Requirements of Contract Documents E. The limitations upon authority and responsibility set and Acceptability of Work forth in this paragraph 9. 10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants . A. ENGINEER will be the initial interpreter of the ' requirements of the Contract Documents and judge of the ARTICLE 10 - CHANGES IN THE WORK; CLAIMS acceptability of the Work thereunder. Claims , disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the 10.01 Authorized Changes in the Work interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking A. Without invalidating the Agreement and without notice changes in the Contract Price or Contract Times will be referred to any surety, OWNER may, at any time or from time to time, initially to ENGINEER in writing , in accordance with the order additions, deletions, or revisions in the Work by a Written ' provisions of paragraph 10. 05, with a request for a formal Amendment, a Change Order, or a Work Change Directive. decision. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be B. When functioning as interpreter and judge under this performed under the applicable conditions of the Contract paragraph 9.09, ENGINEER will not show partiality to OWNER Documents (except as otherwise specifically provided). or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such B. If OWNER and CONTRACTOR are unable to agree capacity. The rendering of a decision by ENGINEER pursuant on entitlement to, or on the amount or extent, if any, of an ' to this paragraph 9.09 with respect to any such Claim, dispute, adjustment in the Contract Price or Contract Times, or both, that or other matter (except any which have been waived by the should be allowed as a result of a Work Change Directive, a making or acceptance of final payment as provided in Claim may be made therefore as provided in paragraph 10.05. paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as 10.02 Unauthorized Changes in the Work either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or A. CONTRACTOR shall not be entitled to an increase in other matter. the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the 9. 10 Limitations on ENGINEER's Authority and Respon- Contract Documents as amended, modified, or supplemented sibilities as provided in paragraph 3.04, except in the case of an emer- gency as provided in paragraph 6. 16 or in the case of A. Neither ENGINEER's authority or responsibility under uncovering Work as provided in paragraph 13.04. B. ' this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith 10. 03 Execution of Change Orders either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or A. OWNER and CONTRACTOR shall execute appropri- responsibility by ENGINEER shall create, impose, or give rise to ate Change Orders recommended by ENGINEER (or Written any duty in contract, tort, or otherwise owed by ENGINEER to Amendments) covering: CONTRACTOR, any Subcontractor, any Supplier, any other ' 6706-38392\8/20/03 00700-23 VRB 1 . changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10. 01 .A, (ii) required 2. if no such dispute resolution procedures have because of acceptance of defective Work under para- been set forth in Article 16, a written notice of intention graph 13 . 08.A or OWNER's correction of defective to appeal from ENGINEER's written decision is Work under paragraph 13. 09, or (iii) agreed to by the delivered by OWNER or CONTRACTOR to the other parties ; and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the 2. changes in the Contract Price or Contract Times appealing party in a forum of competent jurisdiction which are agreed to by the parties, including any within 60 days after the date of such decision or within undisputed sum or amount of time for Work actually 60 days after Substantial Completion, whichever is later performed in accordance with a Work Change Directive; (unless otherwise agreed in writing by OWNER and and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such 3. changes in the Contract Price or Contract Times Claim , dispute, or other matter in accordance with which embody the substance of any written decision applicable Laws and Regulations . rendered by ENGINEER pursuant to paragraph 10. 05; provided that, in lieu of executing any such Change C. If ENGINEER does not render a formal decision in Order, an appeal may be taken from any such decision writing within the time stated in paragraph 10.05. 6, a decision in accordance with the provisions of the Contract denying the Claim in its entirety shall be deemed to have been ' Documents and applicable Laws and Regulations , but issued 31 days after receipt of the last submittal of the claimant during any such appeal, CONTRACTOR shall cant' on or the last submittal of the opposing party, if any. the Work and adhere to the progress schedule as provided in paragraph 6. 18.A. D. No Claim for an adjustment in Contract Price or = Contract Times (or Milestones) will be valid if not submitted in 10.04 Notification to Surety accordance with this paragraph 10.05. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; (including, but not limited to, Contract Price or Contract Times) UNIT PRICE WORK is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be 11 . 01 Cost of the Work adjusted to reflect the effect of any such change. A. Costs Included: The term Cost of the Work means 10.05 Claims and Disputes the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the A. Notice: Written notice stating the general nature of value of any Work covered by a Change Order or when a Claim each Claim, dispute, or other matter shall be delivered by the for an adjustment in Contract Price is determined on the basis claimant to ENGINEER and the other party to the Contract of Cost of the Work, the costs to be reimbursed to promptly (but in no event later than 30 days) after the start of CONTRACTOR will be only those additional or incremental the event giving rise thereto. Notice of the amount or extent of costs required because of the change in the Work or because of the Claim, dispute, or other matter with supporting data shall be the event giving rise to the Claim. Except as otherwise may be delivered to the ENGINEER and the other party to the Contract agreed to in writing by OWNER, such costs shall be in amounts within 60 days after the start of such event (unless ENGINEER no higher than those prevailing in the locality of the Project, shall allows additional time for claimant to submit additional or more include only the following items, ar)d shall not include any of the accurate data in support of such Claim , dispute, or other costs itemized in paragraph 11 .01 . B. matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 1 . Payroll costs for employees in the direct employ Y 12.01 . 13, A Claim for an adjustment in Contract Time shall be of CONTRACTOR in the performance of the Work prepared in accordance with the provisions of paragraph under schedules of job classifications agreed upon by 12.02. 6. Each Claim shall be accompanied by claimant's OWNER and CONTRACTOR. Such employees shall written statement that the adjustment claimed is the entire include without limitation superintendents, foremen, and adjustment to which the claimant believes it is entitled as a other personnel employed full time at the Site. Payroll result of said event The opposing party shall submit any costs for employees not employed full time on the Worts response to ENGINEER and the claimant within 30 days after shall be apportioned on the basis of their time spent on receipt of the claimant's last submittal (unless ENGINEER the Work. Payroll costs shall include, but not be limited allows additional time). to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- B. ENGINEER's Decision: ENGINEER will render a ployment, excise, and payroll taxes , workers' formal decision in writing within 30 days after receipt of the last compensation, health and retirement benefits, bonuses, submittal of the claimant or the last submittal of the opposing sick leave, vacation and holiday pay applicable thereto. party, if any. ENGINEER's written decision on such Claim, The expenses of performing Work outside of regular dispute, or other matter will be final and binding upon OWNER working hours , on Saturday, Sunday, or legal holidays , and CONTRACTOR unless : shall be included in the above to the extent authorized 1 . anby OWNER. appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute 2. Cost of all materials and equipment fumished resolution procedures set forth in Article 16; or and incorporated in the Work, including costs of 6706-38392\8/20/03 00700-24 VRB transportation and storage thereof, and Suppliers' field compensated by insurance or otherwise, sustained by services required in connection therewith. All cash CONTRACTOR in connection with the performance of discounts shall accrue to CONTRACTOR unless the Work (except losses and damages within the ' OWNER deposits funds with CONTRACTOR with deductible amounts of property insurance established in which to make payments, in which case the cash accordance with paragraph 5.06. 13), provided such discounts shall accrue to OWNER. All trade discounts, losses and damages have resulted from causes other rebates and refunds and returns from sale of surplus than the negligence of CONTRACTOR, any materials and equipment shall accrue to OWNER, and Subcontractor, or anyone directly or indirectly employed CONTRACTOR shall make provisions so that they may by any of them or for whose acts any of them may be be obtained. liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such 3. Payments made by CONTRACTOR to losses , damages, and expenses shall be included in the Subcontractors for Work performed by Subcontractors. Cost of the Work for the purpose of determining If required by OWNER, CONTRACTOR shall obtain CONTRACTOR's fee. competitive bids from subcontractors acceptable to ' OWNER and CONTRACTOR and shall deliver such g.The cost of utilities, fuel, and sanitary facilities at bids to OWNER, who will then determine, with the the Site. advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the h. Minor expenses such as telegrams, long Subcontractor is to be paid on the basis of Cost of the distance telephone calls , telephone service at the Site, ' Work plus a fee, the Subcontractor's Cost of the Work expressage, and similar petty cash items in connection and fee shall be determined in the same manner as with the Work. CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11 .01 . i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, 4. Costs of special consultants (including but not the cost of premiums for additional Bonds and limited to engineers , architects, testing laboratories , insurance required because of the changes in the Work surveyors, attorneys , and accountants) employed for or caused by the event giving rise to the Claim. services specifically related to the Work. j. When all the Work is performed on the basis of 5. Supplemental costs including the following: cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract ' a. The proportion of necessary transportation, Documents to purchase and maintain . travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected B. Costs Excluded. The term Cost of the Work shall not with the Work. include any of the following items: b. Cost, including transportation and maintenance, 1 . Payroll costs and other compensation of of all materials, supplies, equipment, machinery, CONTRACTOR's officers, executives, principals (of appliances, office, and temporary facilities at the Site, partnerships and sole proprietorships), general manag- and hand tools not owned by the workers, which are ers, engineers, architects, estimators, attorneys, audi- consumed in the performance of the Work, and cost, tors , accountants, purchasing and contracting agents, less market value, of such items used but not con- expediters, timekeepers, clerks , and other personnel sumed which remain the property of CONTRACTOR. employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general C. Rentals of all construction equipment and administration of the Work and not specifically included machinery, and the parts thereof whether rented from in the agreed upon schedule of job classifications CONTRACTOR or others in accordance with rental referred to in paragraph 11 .01A. 1 or specifically ' agreements approved by OWNER with the advice of covered by paragraph 11 .01 .A.4, all of which are to be ENGINEER, and the costs of transportation, loading, considered administrative costs covered by the unloading, assembly, dismantling, and removal thereof. CONTRACTOR's fee. All such costs shall be in accordance with the terms of said rental agreements . The rental of any such equip- 2. Expenses of CONTRACTOR's principal and ment, machinery, or parts shall cease when the use branch offices other than CONTRACTOR's office at the thereof is no longer necessary for the Work. Site. d. Sales, consumer, use, and other similar taxes 3.Any part of CONTRACTOR's capital expenses, ' related to the Work, and for which CONTRACTOR is including interest on CONTRACTOR's capital employed liable, imposed by Laws and Regulations . for the Work and charges against CONTRACTOR for delinquent payments. ' e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone 4. Costs due to the negligence of CONTRACTOR, directly or indirectly employed by any of them or for any Subcontractor, or anyone directly or indirectly whose acts any of them may be liable, and royalty employed by any of them or for whose acts any of them payments and fees for permits and licenses. may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment f. Losses and damages (and related wrongly supplied, and making good any damage to expenses) caused by damage to the Work, not property. ' 6706-38392\8/20/03 00700-25 VRB C. OWNER or CONTRACTOR may make a Claim for an 5. Other overhead or general expense costs of any adjustment in the Contract Price in accordance with kind and the costs of any item not specifically and paragraph 10.05 if: expressly included in paragraphs 11 .01 .A and 11 .01 . 6. 1 . the quantity of any item of Unit Price Work C. CONTRACTOR's Fee: When all the Work is performed by CONTRACTOR differs materially and performed on the basis of cost-plus, CONTRACTOR's fee shall significantly from the estimated quantity of such item be determined as set forth in the Agreement. When the value of indicated in the Agreement; and any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost 2. there is no corresponding adjustment with of the Work, CONTRACTOR's fee shall be determined as set respect any other item of Work; and forth in paragraph 12.01 .C. 3. if CONTRACTOR believes that CONTRACTOR D. Documentation: Whenever the Cost of the Work for is entitled to an increase in Contract Price as a result of any purpose is to be determined pursuant to paragraphs having incurred additional expense or OWNER believes 11 .01 .A and 11 .01 . 6, CONTRACTOR will establish and that OWNER is entitled to a decrease in Contract Price maintain records thereof in accordance with generally accepted and the parties are unable to agree as to the amount of accounting practices and submit in a form acceptable to ENGI- any such increase or decrease. NEER an itemized cost breakdown together with supporting data. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE 11 .02 Cash Allowances OF CONTRACT TIMES A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 12. 01 Change of Contract Price Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and A. The Contract Price may only be changed by a Change ENGINEER. CONTRACTOR agrees that: Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based - on written 1 .the allowances include the cost to CONTRAC- notice submitted by the party making the Claim to the TOR (less any applicable trade discounts) of materials ENGINEER and the other party to the Contract in accordance and equipment required by the allowances to be with the provisions of paragraph 10.05. delivered at the Site, and all applicable taxes; and b. The value of any Work covered by a Change Order or 2. CONTRACTOR's costs for unloading and of any Claim for an adjustment in the Contract Price will be handling on the Site, labor, installation costs, overhead, determined as follows: profit, and other expenses contemplated for the allow- ances have been included in the Contract Price and not 1 . where the Work involved is covered by unit in the allowances, and no demand for additional prices contained in the Contract Documents, by applica- payment on account of any of the foregoing will be valid. tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11 .03 ); B. Prior to final payment, an appropriate Change Order or will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by 2.where the Work involved is not covered by unit allowances, and the Contract Price shall be correspondingly prices contained in the Contract Documents, by a adjusted. mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in 11 .03 Unit Price Work accordance with paragraph 12.01 .C.2); or A. Where the Contract Documents provide that all or part 3.where the Work involved is not covered by unit of the Work is to be Unit Price Work, initially the Contract Price prices contained in the Contract Documents and agree- will be deemed to include for all Unit Price Work an amount ment to a lump sum is not reached under paragraph equal to the sum of the unit price for each separately identified 12.01 . 6. 2, on the basis of the Cost of the Work Rem of Unit Price Work times the estimated quantity of each (determined as provided in paragraph 11 .01 ) plus a item as indicated in the Agreement. The estimated quantities of CONTRACTOR's fee for overhead and profit (deter- items of Unit Price Work are not guaranteed and are solely for mined as provided in paragraph 12.01 .C). the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantifies and C. CONTRACTOR's Fee: The CONTRACTOR's fee for classifications of Unit Price Work performed by CONTRACTOR overhead and profit shall be determined as follows: will be made by ENGINEER subject to the provisions of paragraph 9.08. 1 . a mutually acceptable fixed fee; or B. Each unit price will be deemed to include an amount 2. if a fixed fee is not agreed upon, then a fee considered by CONTRACTOR to be adequate to cover based on the following percentages of the various CONTRACTOR's overhead and profit for each separately portions of the Cost of the Work: identified item. 6706-38392\8/20/03 00700-26 VRB a. for costs incurred under paragraphs A. The Contract Times (or Milestones) will not be 11 .01 .A. 1 and 11 .01I .A. 2, the CONTRACTOR's fee extended due to delays within the control of CONTRACTOR. shall be 15 percent; Delays attributable to and within the control of a Subcontractor ' or Supplier shall be deemed to be delays within the control of b. for costs incurred under paragraph CONTRACTOR. 11 .01 .A. 3, the CONTRACTOR's fee shall be five percent; 12.05 Delays Beyond OWNER's and CONTRACTOR's ' Control c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and A. Where CONTRACTOR is prevented from completing no fixed fee is agreed upon, the intent of paragraph any part of the Work within the Contract Times (or Milestones) ' 12.01 .C.2. a is that the Subcontractor who actually due to delay beyond the control of both OWNER and performs the Work, at whatever tier, will be paid a CONTRACTOR, an extension of the Contract Times (or fee of 15 percent of the costs incurred by such Milestones) in an amount equal to the time lost due to such Subcontractor under paragraphs 11 .01 .A. 1 and delay shall be CONTRACTOR's sole and exclusive remedy for ' 11 .01 .A.2 and that any higher tier Subcontractor such delay. and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier 12. 06 Delay Damages Subcontractor, A. In no event shall OWNER or ENGINEER be liable to d. no fee shall be payable on the basis of CONTRACTOR, any Subcontractor, any Supplier, or any other costs itemized under paragraphs 11 .01 .A.4, person or organization, or to any surety for or employee or I1 .01 .A.5, and 11 .013; agent of any of them, for damages arising out of or resulting ' from: e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which 1 . delays caused by or within the control of CON- results in a net decrease in cost will be the amount TRACTOR; or of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five 2. delays beyond the control of both OWNER and percent of such net decrease; and CONTRACTOR including but not limited to fires , floods, epidemics , abnormal weather conditions, acts of God, f. when both additions and credits are in- or acts or neglect by utility owners or other contractors ' volved in any one change, the adjustment in performing other work as contemplated by Article 7. CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- B. Nothing in this paragraph 12.06 bars a change in graphs 12.01 .C.2.a through 12.01 .C.2.e, inclusive. Contract Price pursuant to this Article 12 to compensate ' CONTRACTOR due to delay, interference, or disruption directly 12.02 Change of Contract Times attributable to actions or inactions of OWNER or anyone for A. The Contract Times (or Milestones) may only be whom OWNER is responsible. changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, shall be based on written notice submitted by the party making REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK the claim to the ENGINEER and the other party to the Contract ' in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) 13. 01 Notice of Defects covered by a Change Order or of any Claim for an adjustment in A. Prompt notice of all defective Work of which OWNER ' the Contract Times (or Milestones) will be determined in or ENGINEER has actual knowledge will be given to accordance with the provisions of this Article 12. CONTRACTOR. All defective Work may be rejected, corrected, 12.03 Delays Beyond CONTRACTOR's Control or accepted as provided in this Article 13. ' A. Where CONTRACTOR is prevented from completing 13.02 Access to Work any part of the Work within the Contract Times (or Milestones) A. OWNER, ENGINEER, ENGINEER's Consultants, due to delay beyond the control of CONTRACTOR, the Contract other representatives and personnel of OWNER, independent Times (or Milestones) will be extended in an amount equal to testing laboratories, and governmental agencies with the time lost due to such delay if a Claim is made therefore as jurisdictional interests will have access to the Site and the Work provided in paragraph 12.02.A. Delays beyond the control of at reasonable times for their observation, inspecting, and CONTRACTOR shall include, but not be limited to, acts or testing. CONTRACTOR shall provide them proper and safe ' neglect by OWNER, acts or neglect of utility owners or other conditions for such access and advise them of contractors performing other work as contemplated by Article 7, CONTRACTOR's Site safety procedures and programs so that fires, floods, epidemics, abnormal weather conditions, or acts of they may comply therewith as applicable. God. ' 12.04 Delays Within CONTRACTOR'S Control 13. 03 Tests and Inspections A_ CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections , tests, or ' 6706-38392\8/20/03 00700-27 V)2B approvals and shall cooperate with inspection and testing reconstruction (including but not limited to all costs of repair or personnel to facilitate required inspections or tests. replacement of work of others); and OWNER shall be entitled to T an appropriate decrease in the Contract Price. If the parties are B. OWNER shall employ and pay for the services of an unable to agree as to the amount thereof, OWNER may make a independent testing laboratory to perform all inspections, tests , Claim therefore as provided in paragraph 10. 05 . If, however, or approvals required by the Contract Documents except: such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the 1 . for inspections, tests, or approvals covered by Contract Times (or Milestones), or both, directly attributable to paragraphs 13.03.0 and 13.03. 13 below; such uncovering, exposure, observation, inspection, testing , replacement, and reconstruction. If the parties are unable to 2.that costs incurred in connection with tests or agree as to the amount or extent thereof, CONTRACTOR may inspections conducted pursuant to paragraph 13.04. 6 make a Claim therefore as provided in paragraph 10.05. shall be paid as provided in said paragraph 13.04. 13; and 13.05 OWNER May Stop the Work 3. as otherwise specifically provided in the Contract A. If the Work is defective, or CONTRACTOR fails to Documents. ` supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the C. If Laws or Regulations of any public body having completed Work will conform to the Contract Documents , jurisdiction require any Work (or part thereof) specifically to be OWNER may order CONTRACTOR to stop the Work, or any inspected, tested, or approved by an employee or other portion thereof, until the cause for such order has been elimi- representative of such public body, CONTRACTOR shall nated; however, this right of OWNER to stop the Work shall not assume full responsibility for arranging and obtaining such give rise to any duty on the part of OWNER to exercise this right inspections, tests, or approvals, pay all costs in connection for the benefit of CONTRACTOR, any Subcontractor, any therewith, and furnish ENGINEER the required certificates of Supplier, any other individual or entity, or any surety for, or inspection or approval. employee or agent of any of them. D. CONTRACTOR shall be responsible for arranging 13.06 Correction or Removal of Defective Work and obtaining and shall pay all costs in connection with any _ . inspections, tests, or approvals required for OWNER's and A. CONTRACTOR shall correct all defective Work ENGINEER's acceptance of materials or equipment to be whether or not fabricated, installed, or completed, or, if the incorporated in the Work; or acceptance of materials, mix Work has been rejected by ENGINEER, remove it from the designs, or equipment submitted for approval prior to Project and replace it with Work that is not defective. CONTRACTOR's purchase thereof for incorporation in the CONTRACTOR shall pay all Claims, costs, losses , and Work. Such inspections, tests, or approvals shall be performed damages (including but not limited to all fees and charges of by organizations acceptable to OWNER and ENGINEER. engincers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out E. If any Work (or the work of others) that is to be of or relating to such correction or removal (including but not inspected, tested, or approved is covered by CONTRACTOR limited to all costs of repair or replacement of work of others ). without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13. 07 Correction Period F. Uncovering Work as provided in paragraph 13.03. E A. If within one year after the date of Substantial shall be at CONTRACTOR's expense unless CONTRACTOR Completion or such longer period of time as may be prescribed has given ENGINEER timely notice of CONTRACTOR's by Laws or Regulations or by the terms of any applicable intention to cover the same and ENGINEER has not acted with special guarantee required by the Contract Documents or by reasonable promptness in response to such notice. any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land 13.04 Uncovering Work or areas made available for CONTRACTOR's use by OWNER. or permitted by Laws and Regulations as contemplated in A. If any Work is covered contrary to the written request paragraph 6. 11 A is found to be defective, CONTRACTOR shall of ENGINEER, it must, if requested by ENGINEER, be promptly, without cost to OWNER and in accordance with uncovered for ENGINEER's observation and replaced at OWNER's written instructions : (i) repair such defective land or CONTRACTOR's expense. areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project B. If ENGINEER considers it necessary or advisable that and replace it with Work that is not defective, and (iii) satisfac- covered Work be observed by ENGINEER or inspected or todly correct or repair or remove and replace any damage to tested by others, CONTRACTOR, at ENGINEER's request, other Work, to the work of others or other land or areas shall uncover, expose, or otherwise make available for resulting therefrom. If CONTRACTOR does not promptly observation, inspection, or testing as ENGINEER may require, comply with the terms of such instructions, or in an emergency that portion of the Work in question, furnishing all necessary where delay would cause serious risk of loss or damage, labor, material , and equipment. If it is found that such Work is OWNER may have the defective Work corrected or repaired or defective, CONTRACTOR shall pay all Claims, costs, losses, may have the rejected Work removed and replaced, and all and damages (including but not limited to all fees and charges Claims, costs, losses , and damages (including but not limited to of engineers, architects, attorneys, and other professionals and all fees and charges of engineers , architects , attorneys, and all court or arbitration or other dispute resolution costs) arising other professionals and all court or arbitration or other dispute out of or relating to such uncovering, exposure, observation, resolution costs) arising out of or relating to such correction or inspection, and testing, and of satisfactory replacement or repair or such removal and replacement (including but not 6706-38392\8/20/03 00700-28 VRB ' limited to all costs of repair or replacement of work of others) which are stored elsewhere. CONTRACTOR shall allow will be paid by CONTRACTOR. OWNER, OWNER's representatives, agents and employees, OWNER's other contractors , and ENGINEER and ENGINEER's ' B. In special circumstances where a particular item of Consultants access to the Site to enable OWNER to exercise equipment is placed in continuous service before Substantial the rights and remedies under this paragraph. Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the C. All Claims, costs, losses, and damages (including but ' Specifications or by Written Amendment. not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or C. Where defective Work (and damage to other Work other dispute resolution costs) incurred or sustained by resulting therefrom) has been corrected or removed and OWNER in exercising the rights and remedies under this replaced under this paragraph 13 . 07, the correction period paragraph 13.09 will be charged against CONTRACTOR, and a hereunder with respect to such Work will be extended for an Change Order will be issued incorporating the necessary additional period of one year after such correction or removal revisions in the Contract Documents with respect to the Work; and replacement has been satisfactorily completed. and OWNER shall be entitled to an appropriate decrease in the ' Contract Price. If the parties are unable to agree as to the D. CONTRACTOR's obligations under this paragraph amount of the adjustment, OWNER may make a Claim 13.07 are in addition to any other obligation or warranty. The therefore as provided in paragraph 10.05. Such claims, costs , provisions of this paragraph 13.07 shall not be construed as a losses and damages will include but not be limited to all costs of substitute for or a waiver of the provisions of any applicable repair, or replacement of work of others destroyed or damaged statute of limitation or repose. by correction, removal, or replacement of CONTRACTOR's defective Work. 13.08 Acceptance of Defective Work D. CONTRACTOR shall not be allowed an extension of A. If, instead of requiring correction or removal and the Contract Times (or Milestones) because of any delay in the replacement of defective Work, OWNER (and, prior to performance of the Work attributable to the exercise by ENGINEER's recommendation of final payment, ENGINEER) OWNER of OWNER's rights and remedies under this prefers to accept it, OWNER may do so. CONTRACTOR shall paragraph 13.09. ' pay all Claims , costs , losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or ARTICLE 14 - PAYMENTS TO CONTRACTOR AND other dispute resolution costs) attributable to OWNER's COMPLETION ' evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the 14.01 Schedule of Values extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's A. The schedule of values established as provided in recommendation of final payment, a Change Order will be paragraph 2.07A will serve as the basis for progress payments issued incorporating the necessary revisions in the Contract and will be incorporated into a form of Application for Payment Documents with respect to the Work, and OWNER shall be acceptable to ENGINEER. Progress payments on account of entitled to an appropriate decrease in the Contract Price, Unit Price Work will be based on the number of units reflecting the diminished value of Work so accepted. If the completed. parties are unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05. If 14.02 Progress Payments the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. A. Applications for Payments 13.09 OWNER May Correct Defective Work 1 .At least 20 days before the date established for each progress payment (but not more often than once a A. If CONTRACTOR fails within a reasonable time after month), CONTRACTOR shall submit to ENGINEER for written notice from ENGINEER to correct defective Work or to review an Application for Payment filled out and signed remove and replace rejected Work as required by ENGINEER by CONTRACTOR covering the Work completed as of ' in accordance with paragraph 13.06.A, or if CONTRACTOR the date of the Application and accompanied by such fails to perform the Work in accordance with the Contract supporting documentation as is required by the Contract Documents, or if CONTRACTOR fails to comply with any other Documents . If payment is requested on the basis of provision of the Contract Documents , OWNER may, after seven materials and equipment not incorporated in the Work ' days written notice to CONTRACTOR, correct and remedy any but delivered and suitably stored at the Site or at such deficiency. another location agreed to in writing , the Application for Payment shall also be accompanied by a bill of sale, B. In exercising the rights and remedies under this invoice, or other documentation warranting that ' paragraph, OWNER shall proceed expeditiously. In connection OWNER has received the materials and equipment free with such corrective and remedial action, OWNER may exclude and clear of all Liens and evidence that the materials CONTRACTOR from all or part of the Site, take possession of and equipment are covered by appropriate property all or part of the Work and suspend CONTRACTOR's services insurance or other arrangements to protect OWNER's related thereto, take possession of CONTRACTOR's tools , interest therein, all of which must be satisfactory to appliances, constriction equipment and machinery at the Site, OWNER. and incorporate in the Work all materials and. equipment stored at the Site or for which OWNER has paid CONTRACTOR but t6706-383928/20/03 00700-29 v)B 2. Beginning with the second Application for control the Work or for the means, methods , Payment, each Application shall include an affidavit of techniques, sequences, or procedures of construction , CONTRACTOR stating that all previous progress or the safety precautions and programs incident thereto, payments received on account of the Work have been or for CONTRACTOR's failure to comply with Laws and applied on account to discharge CONTRACTOR's Regulations applicable to CONTRACTOR's legitimate obligations associated with prior Applications performance of the Work. Additionally, said review or for Payment. recommendation will not impose responsibility on ENGI- NEER to make any examination to ascertain how or for 3.The amount of retainage with respect to pro- what purposes CONTRACTOR has used the moneys gress payments will be as stipulated in the Agreement.p 9 paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has B. Review of Applications passed to OWNER free and clear of any Liens. 1 . ENGINEER will, within 10 days after receipt of 5. ENGINEER may refuse to recommend the whole each Application for Payment, either indicate in writing a or any part of any payment if, in ENGINEER's opinion, it recommendation of payment and present the would be incorrect to make the representations to Application to OWNER or return the Application to OWNER referred to in paragraph 14.02. 6.2. ENGI- CONTRACTOR indicating in writing ENGINEER's NEER may also refuse to recommend any such pay- reasons for refusing to recommend payment. In the ment or, because of subsequently discovered evidence r latter case, CONTRACTOR may make the necessary or the results of subsequent inspections or tests, revise corrections and resubmit the Application. or revoke any such payment recommendation previously made, to such extent as may be necessary in 2. ENGINEER's recommendation of any payment ENGINEER's opinion to protect OWNER from loss ` requested in an Application for Payment will constitute a because: representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed a. the Work is defective, or completed Work Work as an experienced and qualified design has been damaged, requiring correction or replace- professional and on ENGINEER's review of the Appli- ment cation for Payment and the accompanying data and schedules , that to the best of ENGINEER's knowledge, b. the Contract Price has been reduced by information and belief: Written Amendment or Change Orders; a. the Work has progressed to the point c. OWNER has been required to correct indicated; defective Work or complete Work in accordance b. the quality of the Work is generally in accor- with paragraph 13.09; or dance with the Contract Documents (subject to an d . ENGINEER has actual knowledge of the evaluation of the Work as a functioning whole prior occurrence of any of the events enumerated in to or upon Substantial Completion, to the results of paragraph 15.02.A. any subsequent tests called for in the Contract Documents , to a final determination of quantities C. Payment Becomes Due and classifications for Unit Price Work under paragraph 9. 08, and to any other qualifications 1 . Ten days after presentation of the Application for stated in the recommendation); and Payment to OWNER with ENGINEER's recommenda- tion, the amount recommended will (subject to the c. the conditions precedent to provisions of paragraph 14.02. 13) become due, and CONTRACTOR's being entitled to such payment when due will be paid by OWNER to CONTRACTOR. appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. D. Reduction in Payment 3. By recommending any such payment ENGI- 1 . OWNER may refuse to make payment of the full NEER will not thereby be deemed to have represented amount recommended by ENGINEER because: that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have a. claims have been made against OWNER on been exhaustive, extended to every aspect of the Work account of CONTRACTOR's performance or fur- in progress, or involved detailed inspections of the Work nishing of the Work; beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there b. Liens have been filed in connection with the may not be other matters or issues between the parties Work, except where CONTRACTOR has delivered that might entitle CONTRACTOR to be paid additionally a specific Bond satisfactory to OWNER to secure by OWNER or entitle OWNER to withhold payment to the satisfaction and discharge of such Liens; CONTRACTOR. c. there are other items entitling OWNER to a 4. Neither ENGINEER's review of set-off against the amount recommended; or CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation d . OWNER has actual knowledge of the occur- of any payment, including final payment, will impose rence of -any of the events enumerated in para- responsibility on ENGINEER to supervise, direct, or 6706-38392\8/20/03 00700-30 VRB ' graphs 14.02. B.5.a through 14.02. B.5.c or para- ENGINEER's issuing the definitive certificate of Substantial graph 15.02.A. Completion , ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must B. OWNER shall have the right to exclude give CONTRACTOR immediate written notice (with a CONTRACTOR from the Site after the date of Substantial copy to ENGINEER) stating the reasons for such action Completion, but OWNER shall allow CONTRACTOR and promptly pay CONTRACTOR any amount reasonable access to complete or correct items on the tentative remaining after deduction of the amount so withheld. list OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by 14.05 Partial Utilization OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such A. Use by OWNER at OWNER's option of any action. substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ' 3. If it is subsequently determined that OWNER's ENGINEER, and CONTRACTOR agree constitutes a refusal of payment was not justified, the amount separately functioning and usable part of the Work that can be wrongfully withheld shall be treated as an amount due used by OWNER for its intended purpose without significant as determined by paragraph 14. 02. C. 1 . interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to 14. 03 CONTRACTOR's Warranty of Title Substantial Completion of all the Worts subject to the following conditions. A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application 1 . OWNER at any time may request CON- for Payment, whether incorporated in the Project or not, will TRACTOR in writing to permit OWNER to use any such pass to OWNER no later than the time of payment free and part of the Work which OWNER believes to be ready for clear of all Liens . its intended use and substantially complete. If ' CONTRACTOR agrees that such part of the Work is 14.04 Substantial Completion substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is A. When CONTRACTOR considers the entire Work substantially complete and request ENGINEER to issue ready for its intended use CONTRACTOR shall notify OWNER a certificate of Substantial Completion for that part of the and ENGINEER in writing that the entire Work is substantially Work. CONTRACTOR at any time may notify OWNER complete (except for items specifically listed by CONTRACTOR and ENGINEER in writing that CONTRACTOR as incomplete) and request that ENGINEER issue a certificate considers any such part of the Work ready for its of Substantial Completion. Promptly thereafter, OWNER, CON- intended use and substantially complete and request TRACTOR, and ENGINEER shall make an inspection of the ENGINEER to issue a certificate of Substantial Work to determine the status of completion. If ENGINEER Completion for that part of the Work. Within a does not consider the Work substantially complete, ENGINEER reasonable time after either such request, OWNER, will notify CONTRACTOR in writing giving the reasons CONTRACTOR, and ENGINEER shall make an therefore. If ENGINEER . considers the Work substantially com- inspection of that part of the Work to determine its plete, ENGINEER will prepare and deliver to OWNER a tenta- status of completion. If ENGINEER does not consider tive certificate of Substantial Completion which shall fix the date that part of the Work to be substantially complete, of Substantial Completion. There shall be attached to the ENGINEER will notify OWNER and CONTRACTOR in certificate a tentative list of items to be completed or corrected writing giving the reasons therefore. If ENGINEER before final payment. OWNER shall have seven days after considers that part of the Work to be substantially receipt of the tentative certificate during which to make written complete, the provisions of paragraph 14.04 will apply objection to ENGINEER as to any provisions of the certificate or with respect to certification of Substantial Completion of attached list If, after considering such objections, ENGINEER that part of the Work and the division of responsibility in concludes that the Work is not substantially complete, respect thereof and access thereto. ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating 2. No occupancy or separate operation of part of the reasons therefore. If, after consideration of OWNER's the Work may occur prior to compliance with the objections, ENGINEER considers the Work substantially requirements of paragraph 5. 10 regarding property complete, ENGINEER will within said 14 days execute and insurance. deliver to OWNER and CONTRACTOR a definitive certificate of ' Substantial Completion (with a revised tentative list of items to 14.06 Final Inspection be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after A. Upon written notice from CONTRACTOR that the consideration of any objections from OWNER. At the time of entire Work or an agreed portion thereof is complete, delivery of the tentative certificate of Substantial Completion ENGINEER will promptly make a final inspection with OWNER ENGINEER will deliver to OWNER and CONTRACTOR a and CONTRACTOR and will notify CONTRACTOR in writing of written recommendation as to division of responsibilities all particulars in which this inspection reveals that the Work is pending final payment between OWNER and CONTRACTOR incomplete or defective. CONTRACTOR shall immediately take ' with respect to security, operation, safety, and protection of the such measures as are necessary to complete such Work or Work, maintenance, heat, utilities, insurance, and warranties remedy such deficiencies. and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ' 6706-38392\8/20/03 00700-31 VRB 14.07 Final Payment will become due and , when due, will be paid by OWN- ER to CONTRACTOR. A. Application for Payment 14.08 Final Completion Delayed 1 .After CONTRACTOR has , in the opinion of ENGINEER, satisfactorily completed all corrections A. If, through no fault of CONTRACTOR, final completion identified during the final inspection and has delivered, of the Work is significantly delayed, and if ENGINEER so in accordance with the Contract Documents , all main- confirms, OWNER shall, upon receipt of CONTRACTOR's final tenance and operating instructions , schedules , guaran- Application for Payment and recommendation of ENGINEER, tees, Bonds , certificates or other evidence of insurance and without terminating the Agreement, make payment of the {y; certificates of inspection, marked-up record documents balance due for that portion of the Work fully completed and (as provided in paragraph 6. 12), and other documents , accepted. If the remaining balance to be held by OWNER for CONTRACTOR may make application for final payment Work not fully completed or corrected is less than the retainage following the procedure for progress payments . stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01 , the written consent of the surety 2.The final Application for Payment shall be to the payment of the balance due for that portion of the Work accompanied (except as previously delivered) by: (i) all fully completed and accepted shall be submitted by CON- documentation called for in the Contract Documents , TRACTOR to ENGINEER with the Application for such including but not limited to the evidence of insurance payment. Such payment shall be made under the terms and required by subparagraph 5.04.B.7; (ii) consent of the conditions governing final payment, except that it shall not surety, if any, to final payment; and (iii) complete and constitute a waiver of Claims. legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in 14.09 Waiver of Claims connection with the Work. A. The making and acceptance of final payment will 3. In lieu of the releases or waivers of Liens constitute: specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may fumish receipts or 1 . a waiver of all Claims by OWNER against releases in full and an affidavit of CONTRACTOR that: CONTRACTOR, except Claims arising from unsettled (i) the releases and receipts include all labor, services , Liens, from defective Work appearing after final material, and equipment for which a Lien could be filed; inspection pursuant to paragraph 14. 06, from failure to and (ii) all payrolls, material and equipment bills, and comply with the Contract Documents or the terms of other indebtedness connected with the Work for which any special guarantees specified therein, or from OWNER or OWNER's property might in any way be CONTRACTOR's continuing obligations under the responsible have been paid or otherwise satisfied. If Contract Documents; and any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a 2. a waiver of all Claims by CONTRACTOR against Bond or other collateral satisfactory to OWNER to OWNER other than those previously made in writing indemnify OWNER against any Lien. which are still unsettled. B. Review of Application and Acceptance ARTICLE 15 - SUSPENSION OF WORK AND 1 . If, on the basis of ENGINEER's observation of TERMINATION the Work during construction and final inspection, and fl ENGINEER's review of the final Application for Payment and accompanying documentation as required by the 15.01 OWNER May Suspend Work Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other A. At any time and without cause, OWNER may suspend obligations under the Contract Documents have been the Work or any portion thereof for a period of not more than 90 fulfilled, ENGINEER will, within ten days after receipt of consecutive days by notice in writing to CONTRACTOR and the final Application for Payment, indicate in writing ENGINEER which will fix the date on which Work will be ENGINEER's recommendation of payment and present resumed. CONTRACTOR shall resume the Work on the date the Application for Payment to OWNER for payment. At so fixed. CONTRACTOR shall be allowed an adjustment in the the same time ENGINEER will also give written notice Contract Price or an extension of the Contract Times , or both, to OWNER and CONTRACTOR that the Work is directly attributable to any such suspension if CONTRACTOR acceptable subject to the provisions of paragraph 14.09. makes a Claim therefore as provided in paragraph 10.05. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the 15.02 OWNER May Terminate for Cause reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary A. The occurrence of any one or more of the following corrections and resubmit the Application for Payment. events will justify termination for cause: C. Payment Becomes Due 1 . CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents 1 .Thirty days after the presentation to OWNER of (including, but not limited to, failure to supply sufficient the Application for Payment and accompanying docu- skilled workers or suitable materials or equipment or mentation, the amount recommended by ENGINEER failure to adhere to the progress schedule established 6706-38392\8/20/03 00700-32 VRB ' under paragraph 2.07 as adjusted from time to time 3. for all claims, costs , losses, and damages pursuant to paragraph 6.04); (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals 2. CONTRACTOR's disregard of Laws or Regula- and all court or arbitration or other dispute resolution tions of any public body having jurisdiction; costs) incurred in settlement of terminated contracts with Subcontractors , Suppliers, and others; and 3. CONTRACTOR's disregard of the authority of ' ENGINEER; or 4. for reasonable expenses directly attributable to 4. CONTRACTOR's violation in any substantial termination. way of any provisions of the Contract Documents. B. CONTRACTOR shall not be paid on account of loss ' of anticipated profits or revenue or other economic loss arising B. If one or more of the events identified in paragraph out of or resulting from such termination. 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the 15 . 04 CONTRACTOR May Stop Work or Terminate services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all A. If, through no act or fault of CONTRACTOR, the Work CONTRACTOR's tools, appliances, construction equipment, is suspended for more than 90 consecutive days by OWNER or and machinery at the Site, and use the same to the full extent under an order of court or other public authority, or ENGINEER ' they could be used by CONTRACTOR (without liability to fails to act on any Application for Payment within 30 days after it CONTRACTOR for trespass or conversion), incorporate in the is submitted, or OWNER fails for 30 days to pay CON- Work all materials and equipment stored at the Site or for which TRACTOR any sum finally determined to be due, then OWNER has paid CONTRACTOR but which are stored CONTRACTOR may, upon seven days written notice to elsewhere, and finish the Work as OWNER may deem OWNER and ENGINEER, and provided OWNER or expedient. In such case, CONTRACTOR shall not be entitled to ENGINEER do not remedy such suspension or failure within receive any further payment until the Work is finished. If the that time, terminate the Contract and recover from OWNER unpaid balance of the Contract Price exceeds all claims, costs, payment on the same terms as provided in paragraph 15.03. In losses , and damages (including but not limited to all fees and lieu of terminating the Contract and without prejudice to any ' charges of engineers, architects , attorneys, and other other right or remedy, if ENGINEER has failed to act on an professionals and all court or arbitration or other dispute Application for Payment within 30 days after it is submitted , or resolution costs) sustained by OWNER arising out of or relating OWNER has failed for 30 days to pay CONTRACTOR any sum to completing the Work, such excess will be paid to finally determined to be due, CONTRACTOR may, seven days CONTRACTOR. If such claims, costs, losses, and damages after written notice to OWNER and ENGINEER, stop the Work exceed such unpaid balance, CONTRACTOR shall pay the until payment is made of all such amounts due CONTRACTOR, difference to OWNER. Such claims , costs, losses, and including interest thereon. The provisions of this paragraph damages incurred by OWNER will be reviewed by ENGINEER 15.04 are not intended to preclude CONTRACTOR from making as to their reasonableness and, when so approved by a Claim under paragraph 10. 05 for an adjustment in Contract ENGINEER, incorporated in a Change Order. When exercising Price or Contract Times or otherwise for expenses or damage any rights or remedies under this paragraph OWNER shall not directly attributable to CONTRACTOR's stopping the Work as be required to obtain the lowest price for the Work performed. permitted by this paragraph. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights ARTICLE 16 - DISPUTE RESOLUTION or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- 16. 01 Methods and Procedures TRACTOR from liability. A. Dispute resolution methods and procedures, if any, ' 15.03 OWNER May Terminate For Convenience shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the A. Upon seven days written notice to CONTRACTOR provisions of paragraphs 9.09 and 10.05, OWNER and CON- and ENGINEER, OWNER may, without cause and without TRACTOR may exercise such rights or remedies as either may prejudice to any other right or remedy of OWNER, elect to otherwise have under the Contract Documents or by Laws or ' terminate the Contract In such case, CONTRACTOR shall be Regulations in respect of any dispute. paid (without duplication of any items): 1 . for completed and acceptable Work executed in ARTICLE 17 - MISCELLANEOUS accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 17. 01 Giving Notice 2. for expenses sustained prior to the effective date A. Whenever any provision of the Contract Documents of termination in performing services and furnishing requires the giving of written notice, it will be deemed to have labor, materials, or equipment as required by the been validly given if delivered in person to the individual or to a Contract Documents in connection with uncompleted member of the firm or to an officer of the corporation for whom it ' Work, plus fair and reasonable sums for overhead and is intended, or if delivered at or sent by registered or certified profit on such expenses ; mail, postage prepaid, to the last business address known to the giver of the notice. ' 6706-38392\8/20/03 00700-33 VRB 17. 02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such ` . period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17. 04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Worts or termination or completion of the Agreement. 17. 05 Controlling Law A This Contract is to be governed by the law of the state in which the Project is located. 6706-3839218/20/03 00700-34 VRB SECTION 00800 ' SUPPLEMENTARY CONDITIONS ' INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD OF COMMISSIONERS 1840 2e Street, Vero Beach, Florida 32960 r � gIVE� A 'z SUPPLEMENTARY CONDITIONS TO THE rGENERAL CONDITIONS TABLE OF CONTENTS PART I — AMENDMENTS TO GENERAL CONDITIONS (Pages 1 through 7) SC- 1 .00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No . 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and reffect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . rSC4 .01 Defined Terms SC- 1 .01 .A.20 . Add the following language at the end of GC- 1. 01.A. 20: ENGINEER' S Consultant Camp Dresser and McKee, Inc . Name: Eric J. Grotke, P .E. Address 1701 State Road AIA, Suite 301 City, State & Zip : Vero Beach, Florida 32963 Tel. No. : 772-231 -4301 Fax No . : 772-231 -4332 r 6706-38392\8/20/03 00800- 1 VRB SC - 2 . 02 Copies of Documents SC - 2 .02 Delete "ten " in the first line and replace with "three ". SC-2 . 03 Commencement of Contract Times : Notice to Proceed SC-2 .03 Delete paragraph GC 2. 03 in its entirety and insert the following paragraph in its place: 2 . 03 A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice or, if no notice is given thirty days following the Effective Date of Agreement, provided that the Notice to Proceed may not specify a time of commencement later than 60 days after the Effective Date of the Agreement. SC-2 .05 Before Starting Construction SC-2 .05 .C . Delete paragraph GC 2. 05. C in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under the Contract Documents and such insurance has been approved by. the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13 . SC-3 .03 .13 .2 Coordination of Plans, Specifications, and Special Provisions SC-3 .03 .B .2 Add the following new paragraphs immediately after paragraph GC-3. 03. A1 : SC-3 .03 .B .2 Coordination of Plans, Specifications, and Special Provisions 2 . In case of discrepancy, the governing order of the Contract Documents shall be as follows : a. Written Interpretations b. Addenda C. Specifications d. Supplementary Conditions e. General Conditions f. Approved Shop Drawings g. Drawings h. Referenced Standards. 3 . Written/computed dimensions shall govern over scaled dimensions . SC4.01 Availability of Lands SC-4 .0 LB Delete paragraph GC-4. 0I. B in its entirety. SC-4 .02 Subsurface and Physical Conditions SC-4.02 Add the following new paragraphs immediately after paragraph GC-4. 02. B: 6706-38392\8/20/03 00800-2 VRg C. In there aration of Drawings ' p p gs and Specifications, ENGINEER or ENGINEER' s Consultants relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the Site: 1 . Drawings dated August 1992, prepared by Camp Dresser & McKee Inc., entitled: ' South County RO Plant Expansion, consisting of 51 sheets numbered G- 1 to I47, inclusive. D. Copies of reports and drawings itemized in SC-4.02.0 that are not included with Bidding Documents may be examined at CDM. 1701 State Road AIA Suite 301 Vero Beach Florida 32963 during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which CONTRACTOR may rely as identified and established above are incorporated therein by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER' s Consultants in the preparation of Drawings and Specifications. SC-4 .05 Reference Points SC-4 .05 Add the following new paragraphs immediately after GC-4. 05.A : B . Contractor is responsible for measuring and recording existing elevations prior to construction. Existing elevations shall be maintained throughout construction. Contractor is also responsible for preservation and/or replacement of any and all existing permanent survey monumentation affected by construction. C . ENGINEER may check the lines, elevations, reference marks, batter boards, etc. , set by CONTRACTORS, and CONTRACTOR shall correct any errors disclosed by such a check. Such a check shall not be considered as approval of CONTRACTOR' S work and shall no relieve CONTRACTOR of the responsibility for accurate construction of the entire work. CONTRACTOR shall furnish personnel to assist ENGINEER in checking lines and grades. SC4 .06 Hazardous Environmental Condition at Site SC-4.06 G. Delete paragraphs GC-4. 06 G andH. SC-5 .01 Performance, Payment and Other Bonds SC-5 .01 .A. Delete paragraph GC-5. OLA in its entirety and insert the following paragraphs in its place: A. Within ten ( 10) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125% of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price. 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute. 2 . The Surety for the Payment Bond and the Performance Bond shall be authorized to issue surety bonds in Florida and be included in the most recent United States Department of Treasury List of Acceptable Sureties . The CONTRACTOR shall require the attorney-in-fact, who executed the Payment Bond and the 6706-38392\8/20/03 00800-3 VRB Performance Bond, to affix to each a current certified copy of their Power of Attorney in the State of Florida. At the time that CONTRACTOR furnishes the Payment Bond and the Performance Bond to OWNER, CONTRACTOR shall provide a copy of the Surety' s current valid Certificate of Authority issued by the United States Department of the Treasury under 31 Unite States Code sections 9304-9308 . The information required by Florida Statute Section 255 .05 ( 1 ) (a) for the payment and performance bonds on the face of each bond is as follows : " The bond must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to identify it, such as a legal description of the street address of the property being improved, and a general description of the improvement. 3 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 5 ' SC-5 . 03 Certificates of Insurance SC-5 .03 .A Delete the second sentence from GC-5. 03.A in its entirety SC-5 .04 CONTRACTOR's Liability Insurance SC-5 . 04 .11 Delete paragraph GC-5. 04. B in its entirety and replace with the following: B . In addition to any other required insurance, the CONTRACTOR shall, at least ten ( 10) days prior to the effective date of this contract, provide to the OWNER a certificate of commercial general liability insurance with a reputable insurance company authorized to do business in the. State of Florida, subject to approval by the OWNER' s risk manager in an amount not less than $3 ,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors, in accordance with the OWNER' S Administrative Policy Manual. The CONTRACTOR shall, at least ten ( 10) days prior to the effective date of this agreement, provide to the OWNER a certificate of business auto liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the OWNER' s risk manager, in an amount not less than $3 ,000,000 per occurrence combined single limit for bodily injury and property „ _ a damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non-owned autos and other vehicles, in accordance with the OWNER' S Administrative Policy Manual . The CONTRACTOR, prior to notice to proceed or commencement of work, whichever occurs first, agrees to maintain Builder' s Risk insurance providing coverage to protect the interests of the OWNER, CONTRACTOR, subcontractors, including property acquired under a sales tax incentive program, property in transit, and property on or off premises, which shall become part of the Project. Coverage shall be written on a n All-Risk, Replacement Cost, and Completed Value Form basis in an amount at least equal to 100% of the projected completed value of the Project as well as subsequent modifications of that sum . The CONTRACTOR further agrees that any flat deductible(s) shall not exceed $25,000, any wind percentage deductible (when applicable) shall not exceed ten percent ( 10%) ; and any flood sub limit . shall not be less than 25% of the projected completed value of the project. A manuscript endorsement shall amend the automatic termination clause to only terminate coverage if 6706-38392\8/20/03 008004 VRB the policy expires, is cancelled, the OWNER' s interest in the project ceases or he p P J t project is accepted or insured by the OWNER. The commercial general liability, auto liability insurance, and Builder' s Risk insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the CONTRACTOR shall, at least ten ( 10) days prior to the effective date of this contract, provide to the OWNER a certificate of worker' s compensation insurance, including employer' s liability with a reputable insurance company authorized to do business in the State of Florida subject to approval by the OWNER' s risk manager, with a limit of $ 100,000 per accident, $500,000 disease (policy limit), and $ 100,000 disease (each employee) in compliance with all state and federal laws, and in accordance with the OWNER' s Administrative Policy Manual. The CONTRACTOR shall provide to the OWNER at least thirty (30) days written notice by registered mail, return receipt requested, addressed to the OWNER' s risk manager, prior to cancellation or modification of any required insurance. CONTRACTOR shall cause any subcontractor performing any work to provide to OWNER certificates of insurance under the same conditions and with the same policy limits as required of the CONTRACTOR. SC-5 .05 Owner' s Liability Insurance SC-5 .05 .A Delete GC 5. 05.A in its entirety. SC-5 .06 Property Insurance SC-5 .06 Delete Section GC-5. 06 in its entirety. SC-5 . 07 Waiver of Rights SC-5 .07 Delete Section GC-5. 07 in its entirety. SC-5 . 10 Partial Utilization, Acknowledgement of Property Insurer SC-5 . 10 A. Delete paragraph GC-5. 10 A in its entirety. SC-6 .02 Labor; Working Hours SC-6 .02 .A Delete the words "the OWNER, and the OWNER 's officers and employees " and Replace with "the OWNER and the ENGINEER and their officers and employees. " SC-6 . 02.13 . Add the following paragraphs immediately after paragraph GC-6. 02. B: 1 . Regular working hours are defined as Monday through Friday, excluding County Holidays, from 7 a.m. to 5 p .m. 2 . County Holidays are: New Year' s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not .be permitted without prior written permission and approval from the Engineer. 3 , The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even thought such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 6706-38332\8/20/03 00800-5 VRB 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR 5 . No work shall commence before 7 a.m. or continue after 7 p .m. except in case of emergency upon specific g y po p permission of the ENGINEER. SC-6 .06 Concerning Subcontractors, Suppliers, and Others SC-6.06 .C. Add the following sentence at the end ofparagraph GC-6. 06. C.- OWNER :OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC-6.08 Permits SC-6 .08 Add the following paragraphs immediately after paragraph GC-6. 08.A : B . The OWNER has obtained the following permits : 1 . FDEP Water Construction Permit 2 , SJRWMD Permit Modification C. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC-6. 11 Use of Site and Other Areas SC-6 . 11 .A. 3 Delete GC-6 H.A. 3 in its entirety. SC-6.20 Indemnification SC-6. 20.A Delete existing paragraph CG-6. 20 A in its entirety and insert thefollowing: The CONTRACTOR shall indemnify and hold harmless the OWNER, and the OWNER' s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney' s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. SC-9.09 Decisions on Requirements of Contract Documents and Acceptability of Work SC-9.09 .13 Delete last sentence from GC-9. 09B in its entirety. 6706-38392\8/20/03 00800-6 VRB I SC- 11 . 01 Cost of the Work SC- 11 . 01 .A. 5 Delete GC- 11 . 0l .A. 5. e in its entirety. SC42.01 Change of Contract Price SC42. 01 .13 .2 Delete the parenthetical phrase in its entiretyfrom GC- 12. 0l. B. 2. 1 SC- 12 .01 .13 .3 Delete GC- 12. 01. B. 3 in its entirety. SC- 12 ,0 LC Delete GC-12. 01. 0 in its entirety. SC- 13 .03 Test and Inspections SC- 13 . 03 ,B . Delete the first sentence ofparagraph GC- 13. 03. B (up to the colon) in its entirety, and insert the following sentences in its place: B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The following inspections, tests, or approvals shall be provided by and paid for by the CONTRACTOR. 1 . Proctor Testing 2 . Density Testing 3 , Leakage Testing 4 , Hydrostatic Testing 5 , Bacteriological Testing ' SC- 14 .02 Progress Payments SC- 14 . 02 .A.2 Delete paragraph GC-14. 02.A. 2 in its entirety and insert the following paragraph in its place: The CONTRACTOR shall make the following certification (Affidavit) on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers except as listed below." SC- 14 .02 .B .5 . Add the following sentences at the end ofparagraph GC-14. 02. B. 5: e, the work for which payment is requested cannot be verified; f, failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work; g. OWNER has been required to pay ENGINEER or ENGINEER' s Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or ' 6706-38392\8/20/03 00800-7 VRB h. OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals . SC- 14 . 02 .C . 1 Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt Payment Act. SC- 14 .07 Final Payment SC44.07 .CA Delete paragraph GC-14. 07. C. 1 in its entirety and insert the followingparagraph in its place: 31 C. Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt Payment Act. SC- 14 .09 Waiver of Claims SC- 14 .09 Delete 6C44. 09 in its entirety and replace with the following: Acceptance of Final Payment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims instated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the Work and for every act and neglect of the OWNER and Others relating to or arising out of this Work. Any Payment, However, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds, SC- 15 .02 OWNER May Terminate for Cause SC- 15 .02.A Add the following sentence at the end ofparagraph GC45. 02.A 5 . Failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work. = - SC- 15 .03 OWNER May Terminate for Convenience SC- 15003 .A.3 Delete GC45. 03.A. 3 in its entirety. SC- 15 .03 .A.6 Delete GC-15. 03.A. 6 in its entirety. SC- 16 DISPUTE RESOLUTION SC- 16 Add the following new paragraphs immediately after paragraph SC-16. 01. SC- 16 .02 Venue 6706-38392\8/20/03 00800-8 VRB This contract shall be governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this contract shall be in Indian River County, Florida, and in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. SC- 17 Miscellaneous SC- 17. 05 Add the following new paragraph immediately after paragraph GC17. 05: SC- 17 .06 Liens A. This project is a "Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 .05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR' S Name) and to CONTRACTOR Surety Compy Name), pursuant to Chapter 255 of the Florida Statutes This paragraph shall be inserted in every sub-subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713 .0 1 , Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . 6706-38392\8/20/03 00800-9 VRB PART II — FORMS TO BE USED DURING PROJECT CONSTRUCTION (Pages 13 through 28) NOTICE OF AWARD NOTICE TO PROCEED FIELD ORDER WORK CHANGE DIRECTIVE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RELEASE OF LIEN DUTIES RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE k rr 6706-38392\8/20/03 00800- 10 VRB NOTICE OF AWARD Dated 2003 ■ TO : (Bidder) CONTRACT FOR: SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION, PHASE II You are notified that your Bid dated , 2003 for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for: (Indicate total Work, alternates or sections of Work awarded 1 The Contract Price of your contract is Dollars Enclosed are seven (7) copies of the Contract Documents for your execution and subsequent return to this office for further processing. You must comply with the following conditions precedent within fifteen ( 15 ) days of the date of this Notice of Award, that is by , 2003 : 1 . Execute all copies of the Agreement. Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney ' authorizing OWNER to date bonds and Agreements . 2. Submit seven (7) copies of the Payment and Performance Bonds . Instructions to the Surety and the Principal for execution of the bonds are as follows : 1 Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or other duly authorized offier of the corporation. The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation. The signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively, shall each be dated on the signature line. If the bond is executed by an Attorney-in-Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney. ' Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attorney-in-Fact. 6706-38392\8/20/03 00800=I 1 VRB 3 . Include seven (7) copies of the Certificate of Insurance. The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows : " Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder. " Failure to comply with these conditions within the times ecified will entitle OWNER t P o consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. Sincerely, 6706-38392\8/20/03 00800- 12 VRB INOTICE TO PROCEED Dated 42003 CONTRACT FOR: SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION, PHASE II CONTRACTOR: Gentlemen: You are hereby notified to commence work on the subject contract on or before , 2003 and are to fully complete the work within calendar days . In accordance with the contract documents, the Substantial Completion date is , , with the Final Completion date being , 2003 . Extension in time will be by written change order only. The contract provides for assessment of liquidated damages for each consecutive calendar day that the work remains incomplete after the above established substantial completion date the sum of $ and for each consecutive calendar day that the work remains incomplete after the above established final completion date the sum of (OWNER) By (Authorized Signature) (Printed Name & Title of Above Signer) NOTE : Attach this notice to your contract making it a part thereof. 6706-38392\8/20/03 00800- 13 VRB x c� -r d- a r" 0 0 an a M O O N N O� M M 0 IFIELD ORDER PROJECT: FIELD ORDER NO. : DATE : CONTRACT: OWNER: OWNER' S PROJECT NO . : TO : CONTRACT DATE: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This Field Order is issued to interpret/clarify the Contract Documents, order minor changes in the work and/or memorialize trade-off agreements . Both parties hereby agree that the work described by this Field Order is to be accomplished without change in Contract Sum, Contract Time, and/or claims for other costs. - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DESCRIPTION : (Here insert a written description of the interpretation, change or agreement.) FIELD ENGINEER: CONTRACTOR: BY: BY: DATES : DATE : 6706-38392\8/20/03 00800- 15 VRB .: .� _ :. r � ... � Vii. a. �:� .. MSI IryTl, wT` W a �� c . O p N � ,�, O S � a . .. M O O N N O� M M O i WORK CHANGE DIRECTIVE No . PROJECT: DAT,ll OF ISSUANCE : OWNER: (Name, Address) CONTRACTOR: OWNER' s Project No . : ENGINEER: CONTRACT FOR: ENGINEER' s Project No . : You are directed to proceed with the following change(s) : Description: Purpose of Work Directive Change : Attachment(s) (list documents supporting change) : If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s) . Method of determining change in Contract Price : Method of determining change in Contract Time: [ ] Time and Materials [ ] Contractor' s records [ ] Unit Prices [ ] Engineer' s records [ ] Cost plus fixed fee [ ] Other Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract Time $ If the days. If the change involves an ' change involves an increase, the estimated increase, the estimated time is not to be exceed amount is not to be exceeded without further without further authorization. authorization. ' Once the Work covered by the directive is completed or final cost and time determined, Contractor should submit documentation for inclusion in a change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME . A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY, RECOMMENDED : APPROVED : By: By: Engineer Owner Date: Date : 6706-38392\8/20/03 00800- 17 VRB WORK CHANGE DIRECT IVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times . This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. Be COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments . Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE : Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimates time is reached. If Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable" . Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times . Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer' s recommendation. Paragraph 10 .03 .A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES . A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY, 6706-38392\8/20/03 00800- 18 VRB ICHANGE ORDER No . PROJECT DATE OF ISSUANCE EFFECTIVE DATE OWNER ' OWNER' s Contract No . CDM Project No , CONTRACTOR ENGINEER Camp Dresser & McKee Inc. You are directed to make the following changes in the Contract Documents : Description: Reason for change order: Attachments : List documents supporting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT MM Original Contract Price Original Contract Times $ Substantial Completion: ' Ready for final payment: Da s or dates Net changes from previous Change Orders Net change from previous Change Orders No . to No . No . to No, $ da s Contract Price prior to this Change Order Contract Time prior to this Change Order i $ Substantial Completion: Ready for final payment: Days or dates Net Increase (decrease) in this Change Order Net Increase in this Change Order days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ Substantial Completion: Ready for final payment: Days or dates RECOMMENDED : APPROVED : ACCEPTED : By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date : Date : Date: EJCDC No . 1910-8 ( 1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated ' General Contractors of America. 6706-38392\8/20/03 00800- 19 VRB CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times . Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times . Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes . If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used . B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both . Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change . After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties . If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 6706-38392\8/20/03 00800-20 VRB APPLICATION FOR PAYMENT NO. To: (OWNER) From: (CONTRACTOR) Contract: Project: OWNER' s Contract No. ENGINEER' s Project No . For Work accomplished through the date of: 1 . Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3 . Current Contract Price ( 1 plus 2) : $ 4. Total completed and stored to date $ 5 . Retainage (per Agreement): of completed Work: $ of stored material: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments : $ 8. DUE THIS APPLICATION (6 MINUS 7) : $ Accompanying Documentation: CONTRACTOR' S Certification: The undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR' s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance) ; and (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective. Dated CONTRACTOR State of By. County of Subscribed and sworn to before me this day of Notary Public My Commission expires: Payment -of the above AMOUNT DUE THIS APPLICATION is recommended. ' Dated ENGINEER ' EJCDC No. 1910-8-E ( 1996 Edition) By. Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specification Institute. 1 670&38392\8/20/03 00800-21 VRB APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor' s schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. Be COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2 .05 .B .3 and 2 .07 of the General Conditions, should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor' s overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments . The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien Waivers, should be reviews by an attorney, and Engineer should so advise Owner. 6706-38392\8/20/03 00800-22 VRB I CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT South CouM Water Treatment Plant Wellfield Rehabilitation Phase II 1 DATE OF ISSUANCE OWNER Indian River County Board of County Commissioners OWNER's Contract No. CDM Project No. 6706-38392- 151 CONTRACTOR ENGINEER Camp Dresser & McKee Inc This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To : OWNER And To CONTRACTOR 1 The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in Iaccordance with the contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within Days of the above date of Substantial Completion. EJCDC No . 1910-8 ( 1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. ' 6706-38392\8/20/03 00800-23 VRB From the date of Substantial Completion, the responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows : , i RESPONSIBILITIES : OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on , 2003 CONTRACTOR By: OWNER accepts this Certificate of Substantial Completion on , 2003 OWNER By: (Authorized Signature) 6706-38392\8/20/03 00800-24 VRB I FINAL RELEASE OF LIEN 1 KNOW ALL MEN BY THESE PRESENTS, that (Company Name) for all in consideration of dollars ($_ ) (Total Amount of Contract) paid to by receipt of which is hereby acknowledged, (Me/Us) do hereby release and quit claim to the OWNER., its successors (fie) or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now have or might have against the property, building, and/ or (I/We) for any incidental expense for the construction of (Project Number) (Project Name) thereon or in otherwise improving said property situated as above described. ' IN WITNESS WHEREOF I have hereunto set my hand and seal this day of , 2003 . (SEAL) By WITNESS : Title ' 6706-38392\8/20/03 00800-25 VRB STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2003 by who is personally known to me or who has produced as identification and who did (did not) take an oath. Notary (Print & Sign Name) Commission No. f 6706-38392\8/20/03 00800-26 VRB DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A. GENERAL Resident Project Representative is ENGINEER'S Agent, will act as directed b and under y the supervision of ENGINEER, and will confer with ENGINEER regarding his actions . Resident ' Project Representative's dealings in matters pertaining to the on-site Work shall in general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be .only through or as directed by ENGINEER. B . DUTIES AND RESPONSIBILITIES Resident Project Representative will : 1 . Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2 . Conferences : Attend preconstruction conferences . Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3 . Liaison: a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations . b . As requested by ENGINEER, assist in obtaining from OWNER additional details ' or information, when required at the job site for proper execution of the Work. 4 , Shop Drawings and Samples : a. Receive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER 5 . Review of Work, Rejection of Defective Work, Inspections and Tests : a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents . b . Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval . C, Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in ' presence of the required personnel, and that CONTRACTOR maintains adequate 1 6706-38392\8/20/03 00800-27 VRB records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups . d . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. 6 . Interpretation of Contract Documents : Transmit to CONTRACTOR engineer's clarifications and interpretations of the Contract Documents . 7 , Modifications : Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 8 . Records : a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents . b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as the case of observing test procedures. Send copies to ENGINEER. C, Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of materials and equipment. 9 . Reports : a. Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with the approved progress schedule and schedule of Shop Drawing submissions. b . Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. C, Report immediately to ENGINEER upon the occurrence of any accident. 10. Payment Requisitions : Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11 . Certificates, Maintenance and Operation Manuals : During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b . Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. C, Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER, Resident Project Representative: 6706-38392\8/20/03 00800-28 VRB 1 . Shall not authorize any deviation from the Contract Documents or approve any substitute ' materials or equipment. 2 . Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents . 3 . Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or ' CONTRACTOR'S superintendent, or expedite the Work. 4 . Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents . 5 . Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6 . Shall not authorize OWNER to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests . END OF SECTION 1 6706-38392\8/20/03 00800-29 VRB ri RS ..r a o � M O O O +O' O s a M O O cc N 00 N 4\ M 0 M i O �O SECTION 00850 DRAWINGS INDEX 1 Sheet No . ' Cover Sheet General G- 1 Index, Legend, Location Map and Abbreviations Mechanical M- 1 Well No . 4 Modifications — Plan Sections and Details M-2 Well No. 4 Modifications — Plan Sections and Details M-3 Well No . 3 Replacement Plan M-4 Well No . 3 Replacement Section an Detail Instrumentation ' I- 1 Instrumentation Legend Sheet I-2 Instrumentation Loop & Details Diagrams END OF SECTION 1 6706-38392\8/20/03 00850- 1 VRB N O O O v1 N O S cn a H M O O N 0�0 N a\ M 00 M O SECTION 00900 ADDENDA (ADDENDA WILL BE INSERTED HERE) ' END OF SECTION ' 6706-38392\8/20/03 00900- 1 VRB r1 �r W C4 � O O C) O bA a y M O O N N O� M 00 M I O C` O CONTRACT FORMS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION PHASE II IRC BID NO . 5102 CDM PROJECT NO . 6706-38392 - 151 ADDENDUM NO , 1 SEPTEMBER 2 , 2003 The following items are issued, add to, modify and clarify the Contract Documents and Specifications . These items shall have full force and effect as the Contract Documents and cost involved shall be included in the bid prices of the Bill of Quantities. Acknowledge receipt of this Addendum by inserting its number and date on Page 00310- 1 of the Bid 1 Form. Failure to do so may declare the bidder as non-responsive. I. In the Contract Forms — Division 0 A . Delete SECTION 00020 , ADVERTISEMENT FOR BIDS , in its entirety and substitute the attached new SECTION 00020, ADVERTISEMENT FOR BIDS in its ' place. End of Addendum No . 1 00901 - 1 6706- 151\9/2/03 ADDENDUM NO . 1 VRB 1 �C SECTION 00020 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY ' Indian River County will receive sealed bids until September 24 , 2003 . Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " South County Water Treatment Plant Wellfield Rehabilitation, Phase I1" . All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19'x' Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2 : 00 P .M . All bids received after 2 : 00 P .M . , of the day specified above, ' will be returned unopened . INDIAN RIVER COUNTY BID #5102 SOUTH COUNTY WATER TREATMENT PLANT WELLFIELD REHABILITATION, PHASE II All material and equipment furnished and all work performed shall be strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from Camp Dresser & McKee Inc . , 1701 State Road AIA Suite 301 Vero Beach FL 32963 Eric J Grotke P E ( 772-231 - 4301 ). 772 2314301 ) . Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Camp Dresser & McKee Inc . , in the amount of seventv five dollars and no cents ($75 . 00) for each set, which represents cost of printing, and is non refundable . ' All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID BOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier' s check on any bank authorized to do business in the State of Florida, in the ' sum of not less than five percent ( 5 %) of the total amount of bid, made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond . If he fails to do so , he shall forfeit the said Bid Bond as liquidated damages . ' The County reserves the right to delay awarding of the Contract for aY (60 eriod of sixty days after the P ) dY bid opening to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgment, will serve the best interest of Indian River County Florida. A Pre-Bid Conference meeting will be held at 10 : 00 A.M. on Wednesday, September 10 2003 at the ' South County Water Treatment Plant located at 1550 SW 9` ' Street, Vero Beach, Florida 32962 . INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal (Date(s)) : August 27 , 2003 Please furnish tear sheet and Affidavit of Publication to : September 3 , 2003 INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19"' Avenue, Vero Beach, FL 32960 ' END OF SECTION 6706-38392\9/2/03 00020 - 1 VRB ' (This Page Intentionally Left Blank) 6706-38392\9/2/03 00020-2 VRB JL.A • L1 . LVG:J L • •Y : f " 1 Lf+ i i lL l.1"1t�LL1'11 !L >sEP-il-09 1 oaitapw FRAC IMP Drostat i Wto Inc . Vera t T-µ5y" �'��I/G0o r ll ��l CONTRACT FORMS AND SPECIFICATIONS FOR ' INDJAN RIVER COUNTY SOUTH COUNTY WATER TREATMENT PLAN T WELLFIBLD RERAB1l.1TATION - PHASE it IRC BID N0. 5102 l • r� • 1 ^ ,. ^ _ ! + (Div . CDM PROJECT NO, 6706.38392. 151 2: 38 ADDENDUM N0. 2 SEPT'EMBBR 16. 2003 The following items are issued, add tn, modify and elsrify the Contract Documents and Specifications. These items shall have full force and effect as the Contz t Documents and cost involved shall be itiewed is the bid prices of the .Bill of Quantities• Acjmowledge receipt of this Addendum by im sing its ntunber and date on Page 003101 of the Bid Form. Failure to do so may deelve the bidd eras non-responsive. ]'_ In the Table of Contents ' A. On Page ii, 9d "DTYISION 1 S- NMCHANICAL, SECTION 15070 DUCT L E IRON PWE AND FMINGS" ' IL 1n the Speaillcations — Divisiou 1 thmugh 16 A. SECTION 011702 SPECIAL PROVISIONS ' 1 . On page 01170-6. Paragraph 1 ,20, subpantgraph C, dtjgg the last sentence in its entirety and k= in its place, "The OWN>~R shall conduct and pay for all bacierioloffkX1 olearance tests." B . Iii the attached new SECTION 1507 0 , DUCTtT L IRON PD?rm AND FTTTwris . 31L General Comments slnd Clarifications ' A. Shea 14-3 , Well No. 3 Replacement Plan shows at existing pressure gauge in an underground vault and a flaw meter on the new well piping The new meter wilt be provided by the County, and is not a. relocation of the existing motor. ENM OF ADDENDUM NO, 2 ' 00902-2 670&38392. 15IW/16103 ADDENDUM NO, 2 V". 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 ' Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we Layne Christensen Company 2740 Mine & Mill Road , Lakeland , FL 33801 as Principal , hereinafter called the Principal , and Travelers Casualty and Surety Company of America ' One Tower Square - 13 CZ , Hartford , CT 06183 -6014 a corporation duly organized under the laws of the State of CT ' as Surety , hereinafter called the Surety, are held and firmly bound unto Indian River County 2625 19th Avenue , Vero Beach , FL 32960 as Obligee , hereinafter called the Obligee , in the sum of Five Percent of Amount Bid Dollars 15 5 . 00 % ) , for the payment of which sum well and truly to be made , the said Principal and the said Surety , bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . ' WHEREAS , the Principal has submitted a bid for South County Water Treatment Plant Wellfield Rehabilitation , Phase II , Bid # 1502 , Indian River County , Florida NOW , THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid , and give such bond or bonds as may be specified in the bidding or Contract Documents with ' good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof , or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid , then this ' obligation shall be null and void , otherwise to remain in full force and effect . Signed and sealed this 24th day of September, 2003 Layne Christensen Company +�J l ( Principa 1.) (Seal) (Witness) / (Title) ' ' Doyle /Goodman , General Manager Travelers Casualty and § urety Company of America (Sure )i (Seal) U (Witness) Kerry A . Marvel CO NTERSIGNATURE : i�, i �/� " ✓ � � 1 T � (Title) /N Melissa D . Evans , Attorney -in -fact 50NALD J . L TROM FLORIDA RESIDENT AGENI Surer Phone No . 860- 277 - 1561 ' AIA DOCUMENT A310 • BID BOND • AIA ° • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS , 1735 N .Y . AVE . , N . W . , WASHINGTON , D . C . 20006 ' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPAI TY FAP31INGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 ' POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY (S )- UV-FACT KNOW ALL PERSONS BY THESE PRESENTS , THAT TRAVELERS CASUALTY AND SURETY COMPANY OF IrIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMENIGTON CASUALTY COAEPANY, porations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the " Companies" ) hath made, constituted and appointed, and do by these asents maize, constitute and appoint : James C. Pateidl , Melissa D. Evans, Janet L. Rehkop , Patrick T. Pribyl , Kathy M. aft-us , Debra J. Scarborough , David Al. Lockton , Toni P. O ' Rear, Veronica Lawver, Christy At McCart , Mary T. Flanigan, Ronald J. Lockton , of Kansas City, Missouri, their true and lawful Attorneys)-in-Fact, with full power and authority hereby Irnferred to sign , execute and acknowledge, at any place within the United States , the following instrument(s) : by his/her sole nature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, . ,;cognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) - Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are FTE in full force and effect : D: That the Chairman, the President, any Vice Chairman , any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe ign with the Company' s name and seal with the Company' s seal bonds, recognizances , contracts of indemnity, and other writings obligatory in nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. TED : That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. lTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond , recognizance, or conditional ertaking shall be valid and binding upon the Company when (a ) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Fistant Secretary and duly attested and sealed with the Company' s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if red ) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or one or more Company officers pursuant to a written delegation of authority. 1is Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by hority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , TRAVELERS CASUALTY AND SURETY COAZPANY and FARMINGTON CASUALTY IA'IPANY, which Resolution is now in full force and effect: TED: Thatsignature theof each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any 1ofer attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attomeys-in-Fact for oses only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney ui certificate bearing such facsimile signature or facsimile sea] shall be valid and binding upon the Company and any such power so executed and Ttied by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or ertaking to which it is attached. ' 11 nn r4. - j - - j % ' IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AA'IERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COAg' ANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this lst day of May 2002 . STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS . Hartford FAR.MINGTON CASUALTY COMPANY COUNTY OF HARTFORD qry J'uTY Apo pASU,� O ( rL g HAMTOM <� W HARTFORD, t z 1987, O gY � W coNH. o a George W. Thompson :"',�'°A� Senior Vice President ' On this lst day of May, 2002 before me personally came GEORGE W. THOMPSON to me known, who , being by me duly sworr did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY 0 : AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, th ' corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seal affixed to the said instrument are such corporate seals ; and that he/she executed the said instrument on behalf of the corporations b authority of his/her office under the Standing Resolutions thereof. ' ONO My commission expires June 30 , 2006 Notary Public Marie C . Tetreault I CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY and FARMPiGTON CASUALTY COMPANY, stock corporations c the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authoril remains in full force and has not been revoked ; and furthermore, that the Standing Resolutions of the Boards of Directors, as s( forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of eEP 2 4 2003 , 20 wqy J1L0Y App J GASU& A U' „ �r * ! AL � � ✓ �— }�� a HARTFORD, a 19 8 2 O By ' tfltRrFdRJ,� � )< d z e y CONN. in 0 t D Kori M . Johanson 'aysr Assistant Secretary, Bond r a i i fM kravelers ' IMPORTANT DISCLOSURE NOTICE OFE T RRORISM ' INSURANCE COVERAGE ' On November 26 , 2002 , President Bush signed into law the Terrorism Risk Insurance Act of 2002 ( the "Act " ) . The Act ' establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism . We are providing you ' with this notice to inform you of the key features of the Act , and to let you know what effect , if any, the Act will have on your premium . Under the Act , insurers are required to provide coverage for ' certain losses caused by international acts of terrorism as defined in the Act . The Act further provides that the Federal Government will pay a share of such losses . Specifically , the Federal Government will pay 90 % of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers ' ' statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at ' $ 100 , 000 , 000 , 000 . 00 , provided that the insurer has met its deductible . 1 Please note that passage of the Act does not result in any change ' in coverage under the attached policy or bond (or the policy or bond being quoted ) . Please also note that no separate additional ' premium charge has been made for the terrorism coverage required by the Act . The premium charge that is allocable to such coverage is is from and imbedded in your overall premium , and is no more than one percent of your premium . 1 ' DIVISION 1 � GENERAL REQUIREMENTS SECTION 01000 ' SUMMARY OF WORK PART 1 - GENERAL ' 1 .01 LOCATION OF WORK The work is located at the South County Water Treatment Plant, as shown on the construction ' plans . 1 .02 DESCRIPTION OF WORK Well No. 1 work to include extending pump column 20 feet ( 100 foot total depth), installation of telemetry system and water level transducers, and replacing packing gland with mechanical seal. Well No . 2 work to include extending pump column by 40 feet ( 100 foot total depth), installation of telemetry system and water level transducers, and replacing packing gland with mechanical seal. ' Well No. 3 work to include construction of new, and abandonment of existing raw water production well. Well No. 3 modifications also include installation of discharge piping, air release valve, ' pressure sustaining valve, isolation valve, blow-off valve, telemetry system and water level transducers, and replacing packing gland with mechanical seal. Well No . 4 work to include modifications/repairs to pedestal of existing raw water production well, and installation of new isolation valve, pressure sustaining valve (to be provided by OWNER), telemetry system and water level tranducers, air release valve, blow-off valve, purchase and install pump and column pipe ( 100 foot total depth). Associated work to include performance of a plumb ' test and construction of a well pad around entire above ground structure of the well . Well Nos. 5 and 6 work to include extending pump columns by 40 feet ( 100 foot total depth), replacement of pressure sustaining valves (to be provided by OWNER), installation of telemetry system and water level transducers, air release valves and blow-off valves, and performance of a plumb test on both wells. ' Additional work to be performed includes programming modifications to interface with the Programmable Logic Controller (PLC). PART 2 — PRODUCTS ' Not applicable PART 3 — EXECUTION ' Not applicable ' END OF SECTION ' 6706-38392\8/20/03 01000- 1 VRB �1 1�1 w�Y � N . O O � O N b4 ed a M O O N M 00 M �O O n SECTION 01060 ' REGULATORY REQUIREMENTS AND NOTIFICATION ' PART 1 - GENERAL ' 1 .01 PERMITS REQUIRED A. WUP modification from St. Johns River Water Management District (SJRWMD) (Already obtained by OWNER). B . Well Construction Permits from SJRWMD, and subsequent well completion report to be submitted upon completion of the well. C. Water Treatment Plant (and related facilities) permit modification from FDEP (to be obtained by OWNER/ ENGINEER). ' D. Well bacteriological clearance from FDEP or their designee (i. e . local health dept.) . ' E. Other Permits Required: The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts. ' 1 .02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Aaron Bowles, 772-567-8000 x1822) . The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any County roads or detouring any traffic (Jim Davis, P .E., 772- 567-8000, Extension 245). B . Utility Companies : Contractor shall notify the utility companies in the area 48 hours prior to initiating construction and contact SunShine State One Call ( 1 -800-432-4770). A list of ' contacts can be obtained by contacting Aaron Bowles, 772-567-8000 x1822. C . The Contractor shall give the Engineer not less than seven (7) calendar days notice of the ' time and place (or places) where he will start the work. D. When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees ' that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts . ' PART 2 - PRODUCTS Not applicable ' PART 3 - EXECUTION 6706-38392\8/20/03 01060- 1 VRB �* n F+.�1 rMl W 0 a w .� o w S o O � c a w o a� -o a v ..fl c� o z M M �D O �O ' SECTION 01090 REFERENCE STANDARDS PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards . 1 .02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or applicable codes establish stricter standards. B . Publication Date : The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified . 1 .03 ABBREVIATIONS, NAMES , AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for ' proper performance of work, or when required for submittal by Contract Documents . B . The following, as appropriate to project, is a list of referenced standards and their mailing ' addresses for requesting copies of standards : AA Aluminum Association ' 818 Connecticut Avenue, NW Washington, D .C . 20006 ' AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW ' Washington, D .C . 20001 ACI American Concrete Institute ' Box 19150 Redford Station Detroit, MI 48219 ' ADC Air Diffusion council 435 North Michigan Avenue ' Chicago, IL 60611 ' 6706-38392\8/20/03 01090- 1 VRB Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16`h Street, NW Washington, D .C ., 20036 AMCA Air Movement and Control Association . 1: 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47t' Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47"' Street New York, NY 10017 ASPA American Sod Producers ' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 6706-38392\8/20/03 01090-2 VRB AWPA American Wood-Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 2501 NW 7"' Street ' Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue ' Denver, CO 80235 CDA C?Xper Development Association ' 57 Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 ' CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington, D .C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation ' Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 ' FM Factory Mutual System 1151 Boston-Providence Turnpike Norwood, MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, LL 60018 ' MIL, Military Specification 6706-38392\8/20/03 01090-3 VRB Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Stt•eet Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D .C . 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C . 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, TN 3 8103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D .C . 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 PCI Prestressed Concrete Institute 6706-38392\8/20/03 010904 VRB 1 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U. S . Department of Commerce Washington, D .C . 20203 ' RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116'hAvenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 ' St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 1 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601 ' SJI Steel Joint Institute 1703 Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors National Association ' 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D .C . 20036 ' TCA Tile Council of America, Inc . Box 326 Princeton, NJ 08540 UL Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 - PRODUCTS Not Applicable ' PART 3 - EXECUTION ' 6706-38392\8/20/03 01090-5 VRB A Not Applicable END OF SECTION 6706-38392\8/20/03 01090-6 VRB SECTION 01152 APPLICATIONS FOR PAYMENT ' PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. 1 .02 RELATED REQUIREMENTS ' A. In other parts of the Construction Documents : 1 . Agreement between Owner and Contractor 2. General Conditions of the Contract 3 . Article 14 — Payments to Contractor and Completion B . Specified in Other Sections : 1 . Section 01000 : Summary of Work ' 2 . Section 01700 : Contract Closeout 1 . 03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor. B . Provide itemized data on payment application (format, schedules, line items and values accepted by Engineer). 1 .04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form : 1 . Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2 . Fill in summary of dollar values ' 3 . Execute certification with the signature of a responsible officer of the contract firm 4 . Have resident project representative review and sign application prior to ' submission to Engineer 1 .05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1 . Project 2 . Application number and date 3 . Detailed list of enclosures 4 . For stored products : a. Item number and identification ' 6706-38392\8/20/03 01152- 1 VRB .� b. Description of specific material B . Submit one copy of data and cover letter for each copy of application. 1 .06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B . Only one application will be acceptable in any one month 1 .07 SUBMITTAL PROCEDURE A . Submit Applications for Payment to Engineer at the time stipulated in the Agreement B . Number: Five copies of each progress Application C . When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner 41 PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 6706-38392\8/20/03 01152-2 VRB SECTION 01153 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDE ' A. Promptly implement Change Order Procedures 1 . Provide full written data required to evaluate changes . 2 . Maintain detailed records of work done on a time-and-material/force account basis . 3 . Provide full documentation to Engineer on request. B . Designate in writing the member of Contractor' s organization: 1 . Who is authorized to accept changes in the Work, 2: Who is responsible for informing others in the contractor ' s employ of the authorization of changes in the Work. C . Owner will designate in writing the person who is authorized to execute Change Orders . 1 .02 RELATED REQUIREMENTS The amount of established unit prices . B . Conditions of the Contract: 1 . Methods of determining cost or credit to owner resulting from changes in Work made on a time-and-materials basis . 2 . Contractor' s claims for additional costs . C . Section 01152 : Applications for payment. D . Section 0 13 11 : Construction schedules . E. Section 01370 : Schedule of Values . F. Section 01720 : Project Record Documents . 1 .03 DEFINITIONS A. Change Order: See General Conditions 1 .04 PRELIMINARY PROCEDURES A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1 . Detailed description of the Change, "Products, and location of the change in the 1 Project. 2 . Supplementary or revised Drawings and Specifications . 3 . The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. ' 6706-38392\8/20/03 01153 - 1 VRB 4 . A specific period of time during which the requested rice will be considered valid . q p nsidered 5 . Such request is for information only, and is not an instruction to execute the changes, not to stop work in progress . Be Contractor may initiate changes by submitting a written notice to Engineer, containing: 1 . Description of the proposed changes 2 . Statement of the reason for making the changes . 3 . Statement of the effect on the Contract Sum and the Contract Time , 4 . Statement of the effect on the work of separate contractors. 5 . Documentation supporting any changes in Contract Sum or Contract Time, as appropriate . 1 .05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a "Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. Be Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C . Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes . 1 .06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. Be On request, provide additional data to support time and cost computation including the following: 1 . Labor required. 2 . Equipment required. 3 . Products required : a. Recommended source of purchase and unit cost. b . Quantities required. 4 . Taxes, insurance bonds . 5 . Credit for work deleted from Contract, similarly documented. 6 . Overhead and profit. 7 . Justification for any change in Contract Time, C . Support each claim for additional costs, and for work done on a time-and-material / force account basis, with documentation as required for a lump sum proposal, plus the following additional information: I . Name of the Owner's authorization agent who ordered the work, and date of the order. 2. Dates and time work performed, and by whom. 3 . Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b . Products used, listing quantities. 6706-38392\8/20/03 01153 -2 VRB C . Subcontracts. D . Document requests for substitutions for Products as specified in Section 01600 . ' 1 .07 PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. ' B . Form : Change Order format provided in the Contract Documents . C . Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. 1 . 08 LUMP SUM / FIXED PRICE CHANGE ORDER ' A. Content of Change Orders will be , based on either: 1 . Engineer' s Proposal Request and Contractor' s responsible Proposal as mutually agreed upon between Owner and Contractor. 2. Contractor' s Proposal for a change, as recommended by Engineer. B . Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes. C . Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 1 .09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either: 1 . Engineer definition of the scope of the required changes . 2 . Contractor' s Proposal for a change, as recommended by Engineer. 1 3 . Survey of completed work B . The amount of the unit prices shall be: 1 . Those stated in the Agreement. 1 2. Those mutually agreed upon between Owner and Contractor. C . When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1 . Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes . ' 2 . Contractor shall sign and date the Change Order to indicate agreement with the terms therein. ' D. When quantities of the items cannot be determined prior to start of the work: 1 . Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit ' prices . 6706-38392\8/20/03 01153 -3 VRB 2 . At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used . a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3 . Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time . 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1 . 10 TME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and owner will issue a . Work Directive Change directing Contractor to Proceed with the changes on a time-and-material / force account basis . B . At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this section. C . Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition, D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time . E. Owner and Contractor will sign and date the Change Order to indicate their agreement therein. 1 . 11 CORRELATION WITH CONTRACTOR' S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B . Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time, 1 . Revise sub-schedules to show changes for other items of work affected by the changes. C . Upon completion of work under a Change Order, enter pertinent changes in Record Documents, PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION 6706-38392\8/20/03 01153 -4 VRB i 1 SECTION 01170 iSPECIAL PROVISIONS ' PART1 GENERAL 1 .01 INSTALLATION OF EQUIPMENT A. Special care shall be taken to ensurero er al ' p p alignment of all equipment with particular reference to the pumps and electric drives. The units shall be carefully aligned on their foundations by qualified millwrights after their sole plates have been shimmed to true alignment at the anchor bolts. The anchor bolts shall be set in place and the nuts tightened against the shims. After the foundation alignments have been approved by the Engineer, the bedplates or wing feet of the equipment shall be securely bolted in place. The alignment of equipment shall be further checked after securing to the foundations, and after conformation of all alignments, the sole plates shall be finally grouted in place. The Contractor shall be responsible for the exact alignment of equipment with associated piping and under no circumstances, will "pipe springing" be allowed. B . All wedges, shims, filling pieces, keys, packing, grout, or other materials necessary to properly align, level and secure apparatus in place shall be furnished by the Contractor. All parts intended to be plumb or level must be proven exactly so. Perform all grinding necessary to bring parts to proper bearing after erection . 1 .02 SLEEVES AND OPENINGS iA. Provide all openings, channels, chases, etc, in new construction and furnish and install anchor bolts and other items to be embedded in concrete, as required to complete the work under this Contract. Perform all cutting, coring and rough and finish patching required in existing construction for the work of all trades . B . Subcontractors shall furnish all sleeves, inserts, hangers, anchor bolts, etc, required for the ' execution of their work. It shall be their responsibility before the work of the Contractor is begun to furnish him with the above items and with templates, drawings or written information covering chases, openings, etc, which they require and to follow up the work of the Contractor as it progresses, making sure that their drawings and written instructions are carried out. Failing to do this, they shall be responsible for the cost of any corrective measures which may be required to provide necessary openings, etc. If the Contractor fails ' to carry out the directions given him, covering details and locations of openings, etc, he shall be responsible for any cutting and refinishing required to make the necessary corrections . In no case shall beams, lintels, or other structural members be cut without the approval of the Engineer. 1903 TOOLS ' A. Any special tools (including grease guns or other lubricating devices) which may be necessary for the adjustment, operation and maintenance of any equipment shall be ' furnished with the respective equipment. ' 6706-38392\8/20/03 01170- 1 VRB 1 .04 POWER SUPPLY A . Unless otherwise specified, all- motors % Hp and larger shall be designed for a power supply of 460 Volts, 3 Phase, 60 Hz, and all motors % Hp and smaller shall be designed for a power supply of 120 Volts, single phase, 60 Hz. 1 .05 POWER FACTOR CORRECTION CAPACITORS A. All single and multi speed three phase induction motors 5 Hp and larger shall be furnished with factory provided power factor correction capacitors. v 'S Be Capacitors shall be sized by the manufacturers such that over voltage due to self excitation will be prevented and transient torques limited to normal values. Full load power factor shall be corrected to not less than 0 . 95 where such correction will not violate the provisions of NEC Article 460 . C . Capacitor enclosures shall be compatible with those specified for their respective motors, i.e. dust-tight for indoor installation in non-hazardous areas and weatherproof for outdoor installations. D. Capacitors shall be dry or oil insulated with integral fuse protection and discharge resistor. The insulating medium shall be non-flammable and meet U. S . Environmental Protection Agency Standards. 1 . 06 PIPE MARKING A. Pipe marking is included in Division 9 under Painting, but it shall be the Contractor's responsibility to assist, as required by the Engineer, in identifying pipe contents, direction of flow and all else required for proper marking of pipe. 1 .07 VALVE IDENTIFICATION A. The Contractor shall prepare a valve schedule for all valves required for the work showing a number, the location, type, function, and normal operating position, for each valve. The schedule shall be submitted to the Engineer for approval not less than 30 days prior to start-up . Be The Contractor shall furnish tags for all valves required for the work. Valve tags shall be 2-in diameter, 19 gauge, brass or plastic, with brass hooks suitable for attaching the tag to the valve operator. Tags shall be stamped or etched with the valve number and the information on the valve schedule coded in a system provided by the Owner. Submit two samples of the type of tag proposed and the manufacturer's standard color chart and letter styles to the Engineer for approval . C. The Contractor shall install valve tags on all valves required for the Work. 1 .08 NOISE LIMITATIONS A. All equipment to be furnished under this Contract, unless specified otherwise in the technical specifications, shall be designed to ensure that the sound pressure level does not 6706-38392\8/20/03 01170-2 VRB exceed 85 decibels over a frequency range of 37 . 8 to 9600 cycles per second at a distance ' of 3 -ft from any portion of the equipment, under any load condition, when tested using standard equipment and methods. Noise levels shall include the noise from the motor. Mufflers or external baffles shall not be acceptable for the purpose of reducing noise. Data ' on noise levels shall be included with the shop drawing submittal . 1 .09 SPARE PARTS ' A. Where spare parts are specified in the technical Sections, furnish all spare parts recommended by the manufacturer or system supplier for one year of service. In addition, ' furnish all spare parts itemized in each Section. B . Collect and store all spare parts in an area to be designated by the Engineer. Furnish the Engineer with an inventory listing all spare parts, the equipment they are associated with, ' the name and address of the supplier and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivery cost. C . Spare parts shall be packed in cartons, properly labeled with indelible markings with complete descriptive information including manufacturer, part number, part name and equipment for which the part is to be used and shall be properly treated for one year of storage. 1 . 10 HURRICANE PREPAREDNESS PLAN A. Within 30 days of the date of Notice to Proceed, submit a Hurricane Preparedness Plan to the Engineer and the Owner for approval. The Plan shall describe in detail the necessary measures which the Contractor will perform, at no additional costs to the Owner, in case of a hurricane warning. Revise Plan as required by the Engineer and Owner. 1 . 11 WEATHER PROTECTION A. In the event of inclement weather, the Contractor shall protect the Work and materials from damage or injury from the weather. If, in the opinion of the Engineer, any portion of the Work or materials has been damaged by reason of failure on the part of the Contractor to so protect the Work, such Work and materials shall be removed and replaced with new materials and Work to the satisfaction of the Engineer. 1 . 12 PROVISIONS FOR CONTROL OF EROSION A. Sufficient precautions shall be taken during construction to minimize the run-off of polluting substances such as silt, clay, fuels, oils, bitumens, calcium chloride, or other ' polluting materials harmful to humans, fish, or other life, into the supplies and surface waters of the State. Control measures must be adequate to assure that turbidity in the receiving water will not be increased more than 10 nephelometric turbidity units (NTU), ' or as otherwise required by the State or other controlling body, in water used for public water supply or fish unless limits have been established for the particular water. In surface water used for other purposes, the turbidity must not exceed 25 NTU unless otherwise permitted . Special precautions shall be taken in the use of construction equipment to prevent operations which promote erosion. ' 6706-38392\8/20/03 01170-3 VRB 1 . 13 WARRANTIES A . Unless specified otherwise in the Contract Documents, all equipment supplied under these Specifications shall be warranted by the CONTRACTOR and the equipment MANUFACTURERS for a period of two (2) years . Warranty period shall commence on the date of OWNER acceptance. B . The equipment shall be warranted to be free from defects in workmanship, design, and materials. If any part of the equipment should fail during the warranty period, it shall be replaced in the machine(s) and the unit(s) restored to service at no expense to the OWNER. C . The MANUFACTURER'S warranty period shall run concurrently with the CONTRACTOR'S warranty or guarantee period. No exception to this provision shall be allowed. The CONTRACTOR shall be responsible for obtaining equipment warranties in accordance with Section 01740 from each of the respective suppliers or MANUFACTURERS for all the equipment specified under Divisions 11 , 13 , 14, 15 , and 16 . D. In the event that the MANUFACTURER is unwilling to provide a one year warranty commencing at the time of OWNER acceptance, the CONTRACTOR shall obtain from the MANUFACTURER a two (2) year warranty starting at the time of equipment delivery to the job site. This two-year warranty shall not relieve the CONTRACTOR of the one- year warranty starting at the time of OWNER acceptance of the equipment. 1 . 14 CONNECTIONS TO EXISTING SYSTEMS A. The CONTRACTOR shall perform all work necessary to locate, excavate and prepare for connections to the existing wastewater tretment plant system as shown on the Drawings or where directed by the OWNER. The cost for this work and for the actual connection to the existing wastewater treatment plant system shall be included in the bid for the project and shall not result in any additional cost to the OWNER. B . It is the responsibility of the CONTRACTOR to expose as required, the existing pipes at the tie-in locations and, if necessary, any buried utilities in the immediate area of the tie-in that may affect the installation of new pipe as shown on the Drawings. CONTRACTOR is fully responsible for ordering any additional material, such as fittings and restrained pipe, that may be needed to avoid existing buried utilities should such material not be shown on the Drawings or included in the Schedule of Prices . The CONTRACTOR may not schedule any tie-in activity until such additional material is on site. 1 . 15 OBSTRUCTIONS A. The attention of the CONTRACTOR is drawn to the fact that during excavation at the Project site, the possibility exists of the CONTRACTOR encountering various water, chemical, electrical, or other lines not shown on the Drawings. The CONTRACTOR shall exercise extreme care before and during excavation to locate and flag these lines so as to avoid damage to the existing lines. Should damage occur to an existing line, the CONTRACTOR shall repair the line at no cost to the OWNER. 6706-38392\8/20/03 011704 VRB B . It is the responsibility of the CONTRACTOR to ensure that all utility or other poles, the ' stability of which may be endangered by the close proximity of excavation, are temporarily stayed in position while work proceeds in the vicinity of the pole and that the utility or other companies concerned be given reasonable advance notice of any such ' excavation by the CONTRACTOR. 1 . 16 PROVISIONS FOR THE CONTROL OF DUST AND LITTER A. Sufficient precautions shall be taken during construction to minimize the amount of dust created. Wetting down the site may be required or as directed by the ENGINEER to prevent dust as a result of vehicular traffic. Control of blowing litter caused by any regrading by the CONTRACTOR shall be the responsibility of the CONTRACTOR. 1 . 17 ON SITE STORAGE A. The CONTRACTOR's attention is invited to special storage requirements and possible charges for noncompliance of on-site storage requirements for materials and equipment as ' specified in Section 01600 . 1 . 18 EMERGENCY PHONE NUMBERS AND ACCIDENT REPORTS A. Emergency phone numbers (fire, medical, police, and CONTRACTOR' s emergency after hours number) shall be posted at the CONTRACTOR's phone and its locations be made to ' known to all. B . Accidents shall be reported immediately to the ENGINEER by messenger or phone. ' C . All accidents shall be documented by the CONTRACTOR and a fully detailed written report submitted by the CONTRACTOR to the ENGINEER after each accident. 1 . 19 SALVAGE A. Contractor shall remove existing mechanical equipment as shown on the drawings and install . Existing equipment which is removed shall be cleaned and stored in a protected place on site and shall become the property of the OWNER. ' B . Any existing equipment or material, including but not limited to, valves, pipes, fittings, couplings, etc., which is removed or replaced as a result of construction under this project may be designated as salvage by the ENGINEER or OWNER and if so shall be excavated, ' if necessary, and shall be applied as a credit toward the bid price. Any equipment or material not worthy of salvaging, as directed by the OWNER, shall be disposed of by the CONTRACTOR at a suitable location at the CONTRACTOR's expense. t1 .20 DISINFECTION 1 A. The CONTRACTOR shall clean, disinfect, and bacteriologically test and clear in accordance with Chapters 17-550, 17-555 , and 17-560 of the Florida Administrative Code (FAC) all water supply facilities affected by this project which shall come into contact with raw water, water being treated or treated water prior to placing the facility in 6706-38392\8/20/03 01170-5 VRg operation. The above statement shall apply to both new facilities installed, and existing facilities which are to be impacted . B . The CONTRACTOR shall employ a disinfection method approved by the ENGINEER and OWNER, and shall fully satisfy the OWNER that adequate disinfection has been achieved prior to placing a facility on-line. k Y C . The cost of all disinfection work shall be included in the prices quoted in the Proposal . The OWNER shall pay for all bacteriological clearance tests. 1 .21 SERVICES OF MANUFACTURERS ' FIELD SERVICE TECHNICIAN A. Bid prices of equipment furnished under Division 11 , 12, 13 , 14, 15 , and 16 shall include ' the cost of a competent field service technician of the MANUFACTURERS of all equipment to supervise the installation, adjustment, and testing of the equipment and to instruct the OWNER's operating personnel on operation and maintenance. The approved MANUFACTURER's operation and maintenance data as specified in Section 01730 shall be delivered to the ENGINEER prior to instructing the OWNER's personnel . This supervision may be divided into two or more time periods as required by the installation program or as directed by the ENGINEER. B . After installation of the equipment has been completed and the equipment is presumably ready for operation, but before it is operated by others, the MANUFACTURER's field service technician shall inspect, operate, test and adjust the equipment. The inspection shall include at least the following points where applicable: 1 . Soundness (without cracked or otherwise damaged parts) . 2 . Completeness in all details, as specified and required. 3 . Correctness of setting, alignment, and relative arrangement of various parts. 4. Adequacy and correctness of packing, sealing, and lubricants. 5 . Calibration and adjustment of all related instrumentation and controls . 6 . Energize equipment. 7. Deficiency correction 8 . Demonstration of compliance with application performance specification. C . The operation, testing, and adjustment shall be as required to prove that the equipment has been left in proper condition for satisfactory operation under the conditions specified. D. Upon completion of this work, the N ANUFACTURER's field service technician shall submit, in triplicate, to the ENGINEER a complete, signed report of the results of his inspection, operation, adjustments, and tests. The report shall include detailed descriptions of the points inspected, tests and adjustments made, quantitative results obtained if such are specified, and suggestions for precautions to be taken to ensure proper maintenance. E. Each equipment MANUFACTURER shall provide instruction to the OWNER's operating personnel . Training shall not be performed until the requirements of paragraph B, C and D above have been fully satisfied and any specified performance testing completed . Training shall be provided for the number of days specified in each equipment Section of these Specifications. Training shall be provided on an 8-hour per day basis . Partial days (less than eight (8) full working hours) shall not be credited toward the specified durations. Training shall not be concurrent with on-going testing debugging or installation activities; 6706-3839218/20/03 01170-6 VRB but shall be a separate activity devoted exclusively to the instruction of the OWNER's ' personnel in the operation and maintenance of the MANUFACTURER's equipment. Training shall be performed by qualified representatives of each equipment MANUFACTURER specifically skilled in providing instruction to operation personnel . ' Training shall provide an overview of operations and maintenance requirements and shall include but not be limited to: 1 . Description of unit and component parts, 2 . Operating capabilities and performance criteria, ' 3 . Operating procedures, 4 . Maintenance procedures, 5 . Servicing and lubrication schedules, ' 6 . Troubleshooting, and 7 . Electrical instrumentation and control requirements and interface as a minimum. The operating and maintenance data to be provided in accordance with Specification Section 01730 shall be used as a basis for training. F . A certificate from the MANUFACTURER stating that the installation of the equipment is satisfactory, that the unit has been satisfactorily tested, is ready for operation, and that the operating personnel have been suitably instructed in the operation, lubrication, and care of the unit shall be submitted before start-up and acceptance by the OWNER. The certificate ' shall indicate date and time instruction was given and names of operating personnel in attendance. This certification shall be submitted on the certification sheet, the form of which is at the end of this section. G. See the detailed Specifications for additional requirements for furnishing the services of the MANUFACTURER's field service technician . H. For equipment furnished under Divisions other than 11 , 12, 13 , 14, 15 and 16, the CONTRACTOR, unless otherwise specified, shall furnish the services of accredited field services technicians of the MANUFACTURER only when some evident malfunction or over-heating makes such services necessary in the opinion of the ENGINEER. 1 .22 OPERATING AND MAINTENANCE DATA ' A. Operating and maintenance data covering all equipment furnished shall be delivered directly to the Vero Beach office of the ENGINEER, Camp Dresser & McKee Inc. , for approval within 60 days of shop drawing approval of each piece of equipment. No payment shall be made for equipment installed or stored on-site until the Construction ENGINEER has approved the adequacy and completeness of the operating and maintenance data. Data shall be prepared and submitted in full conformance with Section 0 173 0 . Final approved copies of operating and maintenance data shall have been delivered to the ENGINEER on OWNER's behalf two weeks prior to scheduling the instruction period with the OWNER. ' END OF SECTION ' -6706-38392\8/20/03 01170-7 VRB c� Cd 00 0 O a� bA «i a y . ..n v M O O N N M 00 M O SECTION 01200 ' PROJECT MEETINGS ' PART 1 GENERAL 1 .01 PRECONSTRUCTION CONFERENCE A. In addition to the preconstruction conference required by Article 2 . 8 of the General Conditions, a preconstruction conference will be held between the Contractor, the Engineer and the Owner to review the Contractor's proposed methods of complying with the requirements of the Contract Documents. ' B . Contractor will be notified of the time, date and place where the preconstruction conference will be held. 1 .02 PROGRESS MEETINGS A. In addition to other regular project meetings for other purposes (as indicated elsewhere in the Contract Documents), hold general progress meetings monthly (or more frequently, if needed) with times coordinated with preparation of payment requests. Require every entity then involved in the planning, coordination or performance of work to be properly ' represented at each meeting. Include (when applicable) the Owner, Engineer, consultants, separate contractors (if any), principal subcontractors, suppliers/manufacturers/fabricators, governing authorities, insurers, special supervisory personnel and others with an interest or expertise in the progress of the work. Review each entity's present and future needs including interface requirements, time, sequence, deliveries, access, site utilization, temporary facilities and services, hours of work, hazards and risks, housekeeping, change orders and documentation of information for payment requests. Discuss whether each ' element of current work is ahead of schedule, on time, or behind time in relation with the updated progress schedule. Determine how behind-time work will be expedited and secure commitments from the entities involved in doing so. Discuss whether schedule revisions ' are required to ensure that current work and subsequent work will be completed within the Contract Time. Review everything of significance which could affect the progress of the work. B . Within 3 days after each progress meeting date, distribute copies of the minutes-of-the-meeting to each entity present and to others who should have been present. ' Prepare and include in distribution, and have available for other distribution including copies with payment request, brief summary (in narrative form) of the progress of the work since previous meeting and report. Co Immediately following each progress meeting where revisions to the Progress Schedule/ Critical Path Schedule have been made or recognized (regardless of whether agreed to by each entity represented), revise the Schedule. Reissue revised Schedule concurrently with report of each meeting, unless extensive revisions require a longer revision period, but in any case, reissue within 10 days after meeting. At intervals matching the preparation of ' payment requests, revise and reissue the Schedule to show actual progress of the work in relation to the latest revision of the Schedule. ' 6277-38392\8/20/03 01200- 1 VRB z 0 H U rW N O w c � N O fil M O O N 00 N 01 M M ' h N SECTION 01300 ' SUBMITTALS ' PART 1 - GENERAL 1 .01 DESCRIPTION OF REQUIREMENTS A. This Section specifies the general methods and requirements of submissions applicable pplicable to Shop Drawings, Product Data, Samples, Construction Photographs, and Construction or ' Submittal Schedules . Additional general submission requirements are contained in Article 6 . 17 of the General Conditions. Detailed submittal requirements are specified in the technical Sections. ' B . All submittals shall be clearly identified by reference to Section Number, Paragraph, Drawing Number or Detail as applicable. Submittals shall be clear and legible and of sufficient size for presentation of data. 1 .02 SHOP DRAWINGS, PRODUCT DATA, SAMPLES A. Shop Drawings 1 . Shop drawings as specified in individual Sections include, custom-prepared data ' such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams, actual shop work manufacturing instructions, custom templates, special wiring diagrams, coordination drawings, individual ' system or equipment inspection and test reports including performance curves and certifications, as applicable to the work. 2 . All shop drawings submitted by subcontractors shall be sent directly to the Contractor for checking. The Contractor shall be responsible for their submission ' at the proper time so as to prevent delays in delivery of materials . 3 . Check all subcontractor's shop drawings regarding measurements, size of members, materials and details to make sure that they conform to the intent of the ' Drawings and related Sections. Return shop drawings found to be inaccurate or otherwise in error to the subcontractors for correction before submission thereof. 4 . All details on shop drawings shall show clearly the relation of the various parts to ' the main members and lines of the structure and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted. 5 . Submittals for equipment specified under Divisions 11 and 13 shall include a listing of all installations where identical or similar equipment has been installed and been in operation for a period of at least one year. ' B . Product Data 1 . Product data as specified in individual Sections include, standard prepared data ' for manufactured products (sometimes referred to as catalog data), such as the manufacturer's product specification and installation instructions, availability of colors and patterns, manufacturer's printed statements of compliances and ' applicability, roughing-in diagrams and templates, catalog cuts, product photographs, standard wiring diagrams, printed performance curves and ' 6706-38392\8/20/03 01300- 1 VRB operational-range diagrams, production or quality control inspection and test reports and certifications, mill reports, product operating and maintenance instructions and recommended spare-parts listing and printed product warranties, as applicable to the work. C. Samples 1 . Samples specified in individual Sections include, physical examples of the work such as sections of manufactured or fabricated work, small cuts or containers of materials, complete units of repetitively-used products, color/texture/pattern swatches and range sets, specimens for coordination of visual effect, graphic symbols and units of work to be used by the Engineer or Owner for independent inspection and testing, as applicable to the work. 1 .03 CONTRACTOR'S RESPONSIBILITIES A . Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with related Sections Be Each shop drawing, sample and product data submitted by the Contractor shall have affixed to it the following Certification Statement including the Contractor's Company name and signed by the Contractor: "Certification Statement: by this submittal, I hereby represent that I have determined and verified all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings and all Contract requirements. " Shop drawings and product data sheets 11 -in x 17-in and smaller shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet shall fully describe the packaged data and include a listing of all items within the package. Provide to the Resident Project Representative a copy of each transmittal sheet for shop drawings, product data and samples at the time of submittal to the Engineer. C. The Contractor shall utilize a 10-character submittal identification numbering system in the following manner: z 1 . The first character shall be a D, S, P, M, or R, which represents Shop/Working Drawing and other Product Data (D), Sample (S), Preliminary Submittal (P) Operating/ Maintenance Manual (1), or Request for Information (R). 2 . The next five digits shall be the applicable Section Number, 3 . The next three digits shall be the numbers 001 to 999 to sequentially number each initial separate item or drawing submitted under each specific Section Number, 4 . The last character shall be a letter, A to Z, indicating the submission, or resubmission of the same Drawing, i.e., "A= 1st submission, B=2nd submission, C=3d submission, etc. A typical submittal number would be as follows : D-03301 -008-13 D = Shop Drawing 03301 = Section for Concrete 6706-38392\8/20/03 01300-2 VRB 008 = The eighth initial submittal under this section B . = The second submission (first resubmission) of that particular shop drawing ' D. Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. E. The review and approval of shop drawings, samples or product data by the Engineer shall not relieve the Contractor from the responsibility for the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the Contractor and the Engineer ' will have no responsibility therefor. F. No portion of the work requiring a shop drawing, sample, or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval ' of such item . Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. G. Project work, materials, fabrication, and installation shall conform with approved shop ' drawings, applicable samples, and product data. 1 .04 SUBMISSION REQUIREMENTS ' A. Make submittals promptly in accordance with approved schedule and in such sequence as to cause no delay in the Work or in the work of any other contractor. ' B . Each submittal, appropriately coded, will be returned within 30 calendar days following receipt of submittal by the Engineer. C. Number of submittals required : 1 . Shop Drawings: Five copies. 2 . Product Data: Three copies . ' 3 . Samples : Submit the number stated in the respective Sections . D . Submittals shall contain: 1 . The date of submission and the dates of any previous submissions. 2 . The Project title and number. 3 . Contractor identification. ' 4 . The names of a. Contractor b . Supplier ' C. Manufacturer 5 . Identification of the product, with the section number, page and paragraph(s). 6 . Field dimensions, clearly identified as such. ' 7 . Relation to adjacent or critical features of the work or materials. 8 . Applicable standards, such as ASTM or Federal Standards numbers . 9 . Identification of deviations from Contract Documents. ' 10 . Identification of revisions on resubmittals. 11 . A blank space suitably sized for Contractor and Engineer stamps . ' 6706-38392\8/20/03 01300-3 VRB 12 . Where calculations are required to be submitted by the Contractor, the calculations shall have been checked by a qualified individual other than the preparer. The submitted calculations shall clearly show the names of the preparer and of the checker. 1 .05 REVIEW OF SHOP DRAWINGS, PRODUCT DATA, WORKING DRAWINGS AND SAMPLES A. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed : l . as permitting any departure from the Contract requirements; 2 , as relieving the Contractor of responsibility for any errors, including details, dimensions, and materials; 3 . as approving departures from details furnished by the Engineer, except as ' otherwise provided herein. B . The Contractor remains responsible for details and accuracy, for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or Contract Time, the Engineer may return the reviewed drawings without noting an exception. D. Submittals will be returned to the Contractor under one of the following codes. Code 1 -"APPROVED" is assigned when there are no notations or comments on the submittal. When returned under this code the Contractor may release the equipment and/or material for manufacture. Code 2 -"APPROVED AS NOTED " . This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. Code 3 -"APPROVED AS NOTED/CONFIRM" . This combination of codes is assigned when a confirmation of the notations and comments IS required by the Contractor. The Contractor may, at his own risk, release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation shall specifically address each omission and nonconforming item that was noted . Confirmation is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the confirmation. Code 4 -"APPROVED AS NOTED/RESUBMIT" . This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. This resubmittal is to address all comments, omissions and non-conforming items that were noted. Resubmittal is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the resubmittal . Code 5 - "NOT APPROVED " is assigned when the submittal does not meet the intent of the Contract Documents. The Contractor must resubmit the entire package revised 6706-38392\8/20/03 013004 VRB to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents, Code 6 - "COMMENTS ATTACHED " is assigned where there are comments attached to the returned submittal which provide additional data to aid the Contractor. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. ' E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor shall identify all revisions made to the submittals, either in writing on the letter of transmittal or on the shop drawings by use of revision triangles or other similar methods. The resubmittal shall clearly respond to each comment made by the Engineer on the previous submission. Additionally, the Contractor shall direct specific attention to any revisions made other than the corrections requested by the Engineer on previous ' submissions. F . Partial submittals may not be reviewed. The Engineer will be the only judge as to the ' completeness of a submittal. Submittals not complete will be returned to the Contractor and will be considered "Not Approved" until resubmitted. The Engineer may at his option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. G. Repetitive Review ' 1 . Shop Drawings and other submittals will be reviewed no more than twice at the Owner' s expense. All subsequent reviews will be performed at times convenient to the ENGINEER and at the CONTRACTOR' s expense based on the ENGINEER' s then prevailing rates. The CONTRACTOR shall reimburse the ' OWNER for all such fees invoiced to the OWNER by the ENGINEER. Submittals are required until approved, 2 . Any need for more than one resubmission, or any other delay in obtaining ENGINEER' s review of submittal will not entitle CONTRACTOR to extension of the contract time . H. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, the Contractor shall give written notice thereof to the Engineer at least 7 working days prior to release for manufacture. I. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer. 1 .06 DISTRIBUTION A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Engineer. ' Number of copies shall be as directed by the Engineer but shall not exceed six. 1 .07 CONSTRUCTION PHOTOGRAPHS ' 6706-38392\8/20/03 01300-5 VRB A . The General Contractor shall provide an average of 5 color photographs per month made of the work during its progress and 10 color photographs of the completed facilities. The photographs shall be of such views and taken at such times as the Engineer directs. B . All photographic work shall be done by a qualified, established commercial photographer acceptable to the Engineer. Three prints of each photograph shall be furnished promptly to the Engineer, and each print shall have a glossy finish and be mounted in plastic sleeving on a substantial backing. The overall dimensions of each mounted print shall be 8-in by 10-in with 1 '/4-in flexible binding margin on the long top side to permit storage in standard 3 -ring binders. C . The film negatives shall be retained in the files of the photographer until the completion of the project and shall then be turned over to the Owner. D. Each photograph shall have attached to the backing a paper label, approximately 2 '/4-in wide by 1 '/4-in high containing thereon in neat lettering: 1 . Contractor's name 2 . Short Description of View j 3 . Photo Number and Date Taken 4 , Photographer's Firm Name 1 .08 SCHEDULES A. Provide all schedules required by Articles 2. 0513, 2 . 07, 14, 0 1 , and elsewhere in the General Conditions, B . The Schedule shall include as a minimum, the earliest starting and finish dates, latest starting and finish dates, and the total float for each task or item. The Contractor shall update (monitor) and rerun the Schedule at least monthly and shall submit to the Engineer the Network and Computer print-out, both in duplicate, at the same time the pay estimate is prepared. The Schedule shall contain all of the items of the Periodic Estimate and Pay Schedule, C . The monthly Schedule update (monitoring) shall include the following items : I . Network a. Identify activities that are completed or in process by contrasting heavy lines . Each activity worked on should be proportional to the percentage of progress achieved to date. b. Identify restraints imposed by material deliveries, precedent activity durations or schedule adjustments on the monthly update of the Network. 2 , Computer Print-out a. Show the percentage progress status of each activity. The percentage progress status will be used to support each Contractor's periodic pay estimate. b. Show actual start and completion dates. C, Flag all activities started and in progress. D. Supplemental to the Critical Path Schedule, the Contractor shall provide a detailed work schedule, projected at least a month in advance. The implementation of the work schedule 6706-38392\8/20/03 01300-6 VRB and the coordination required will constitute the basic agenda of the coordination and planning meetings. 1 .09 PROFESSIONAL ENGINEER (P.E.) CERTIFICATION FORM ' A. If specifically required in other related Sections, submit a P.E. Certification for each item required, in the form attached to this Section, completely filled in and stamped. ' 1 . 10 GENERAL PROCEDURES FOR SUBMITTALS A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in ' advance of performing the related work or other applicable activities, or within the time specified in the individual work of other related Sections, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 6706-38392\8/20/03 01300-7 VRg P .E. CERTIFICATION FORM The undersigned hereby certifies that he/she is a professional engineer registered in the State of Florida and that he/she has been employed by y , (Name of Contractor) to design (Insert P.E. Responsibilities) in accordance with Section for the South County Water Treatment Plant, Wellfield Rehabilitation Project, Phase II (Name of Project) The undersigned further certifies that he/she has performed the design of the South County Water Treatment Plant, Wellfield Rehabilitation Project, Phase II that said design is in conformance (Name of Project) with all applicable local, state and federal codes, rules, and regulations, and that his/her signature and P.E. stamp have been affixed to all calculations and drawings used in, and resulting from, the design. The undersigned hereby agrees to make all original design drawings and calculations available to the Indian River County Department of Utility Services (Insert Name of Owner) or Owner's representative within seven days following written request therefor by the Owner. P.E. Name Contractor's Name Signature Signature Address Title Address END OF SECTION 6706-38392\8/20/03 01300-8 VRB SECTION 01311 ' CONSTRUCTION SCHEDULES PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED ' A . Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub-schedules of related activities ' which are essential to its progress. B . Coordinate the work and scheduling with and around other contractors and individual ' trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D . Progress Schedule shall become part of Contract Documents after approval by Engineer. 1 . 02 RELATED REQUIREMENTS A . In other parts of the Contract Documents : 1 . General Conditions : a. Articles 2 and 6 — Schedules, Reports, and Records b . Sections 6. 1 and 6.2 — Supervision by Contractor C, Article 15 — Supervision of Work, Termination, and Delay B . Specified in other sections: 1 . Section 01000 : Summary of Work ' 2. Section 0 13 40 : Shop Drawings, Product Data, and Samples 1 . 03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart as follows : 1 . Provide separate horizontal bar for each trade or operation ' 2 . Horizontal time scale: Identify the first work day of each week. 3 . Scale and spacing: To allow space for notations and future revisions. 4 . Minimum sheet size: 11 " x 17" B . Format of listings : The chronological order of the start of each item of work. C . Identification of listings : By major specification section numbers. 1 .04 CONTENT OF SCHEDULES ' A. Construction Progress Schedule shall: 1 . Show the complete sequence of construction by activity. 2 . Show the dates for the beginning and completion of each major element of ' construction; specifically list: a_ Subcontractor work r6706-38392\8/20/03 01311 - 1 VRB b. Drilling/ Casing Installation C . Well Scheduling d. Restoration 3 . Show projected percentage of completion for each item, as of the first day of each month. 1 .05 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission B . Show changes occurring since previous submission of Schedule: 1 . Major changes in scope. 2. Activities modified since previous submission. 3 . Revised projections of progress and completion. 4 . Other identifiable changes . C . Provide a narrative report as needed to define: 1 . Problem areas, anticipated delays, and the impact on the schedule. 2 . Corrective action recommended, and its effect. 3 . The effect of changes on schedules of other prime contractors. 1 .06 SUBMISSIONS A. Submit initial schedules within ten ( 10) days after award of Contract; Engineer will review schedules for information only. B . Submit revised progress schedules with each application for payment. C . Submit the number of opaque reproductions which the Contractor requires, plus two (2) additional copies; one for Owner and one for Engineer. 1 . 07 DISTRIBUTION A. Distribute copies of approved schedules to : 1 . Job site file 2 . Subcontractors 3 . Other concerned parties B . Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule . PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION 6706-38392\8/20/03 01311 -2 VRB SECTION 01370 SCHEDULE OF VALUES PART1 GENERAL 1 .01 REQUIREMENTS INCLUDED ' A. Submit a Schedule of Values allocated to the various portions of the work, within 21 days after the effective date of the Agreement. B . Upon request of the Engineer, support the values s with data which will substantiate their correctness. C. The accepted Schedule of Values shall be used onlythe basis as for the Contractor's Applications for Payment. 1 . 02 RELATED REQUIREMENTS A. Standard General Conditions of the Construction Contract are included in Section 00700 . B . Application for Payment is included in Section 01152 . ' 1 .03 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on an 8 %-in by 1 l -in or 8Y2-in by 14-in white paper furnished by the ' Owner; Contractor's standard forms and automated printout will be considered for approval by the Engineer upon Contractor's request. Identify schedule with: 1 . Title of Project and location. ' 2 . Engineer and Project number. 3 . Name and Address of Contractor. 4. Contract designation. ' S . Date of submission. B . Schedule shall list the installed value of the component parts of the work in sufficient ' detail to serve as a basis for computing values for progress payments during construction. C . Identify each line item with the number and title of the respective Section. D. For each major line item list sub-values of major products or operations under the item. ' E. For the various portions of the work: I . Each item shall include a directly proportional amount of the Contractor's overhead and profit. 2. For items on which progress payments will be requested for stored materials, break Clown the value into: a. The cost of the materials, delivered and unloaded, with taxes paid. Paid invoices are required for materials upon request by the Engineer. b. The total installed value. 1 6706-38392\8/20/03 01370- 1 VRB F. The sum of all values listed in the schedule shall equal the total Contract Sum . 1 .04 SUB-SCHEDULE OF UNIT MATERIAL VALUES A. Submit a sub-schedule of unit costs anduantiti q es for: 1 . Products on which progress payments will be requested for stored products. B . The form of submittal shall parallel that of the Schedule of Values identified the same as the line item in the Schedule of Values . ' with each item C. The unit quantity for bulk materials shall include an allowance for normal waste. D. The unit values for the materials shall be broken down into: 1 . Cost of the material, delivered and unloaded at the site, with taxes paid. 2 . Copies of invoices for component material shall be included with the payment request in which the material first appears . 3 . Paid invoices shall be provided with the second payment request in which the material appears or no payment shall be allowed and/or may be deleted from the request. E. The installed unit value multiplied by the quantity listed shall equal the cost of that item in the Schedule of Values . PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 6706-38392\8/20/03 01370-2 VRB SECTION 01410 TESTING LABORATORY SERVICES ' PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED A. Contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing. All testing described in the contract Documents shall be ' paid for by the Contractor. 1 . Contractor shall cooperate with the laboratory to facilitate the execution of its required services . ' 2 . Employment of the laboratory shall in no way relieve Contractor' s obligations to perform the work of the Contract. ' 1 .02 RELATED REQUIREMENTS A. General Conditions of the contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities . Be Respective sections of specifications : Certification of Products . ' 1 . 03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification," ' published by American Council of Independent Laboratories . Be Meet basic requirements of ASTM E329, "Standards of Recommended Practice for ' Inspection and Testing Agencies for Concrete and Steel as Used in Construction." C . Authorized to operate in the State in which the Project is located. D . Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of Inspection, with ' memorandum of remedies of any deficiencies reported by the inspection. E. Testing Equipment: 1 . Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b . Accepted values of national physical constants. 1 .04 LABORATORY DUTIES A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice . Be Perform specified inspections, sampling, and testing of materials and methods of construction : 1 . Comply with specified standards 2 . Ascertain compliance of materials with requirements of Contract Documents. 6706-38392\8/20/03 01410- 1 VRB C . Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products . D . Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File. Each report shall include: I . Date issued 2 . Project title and number 3 . Testing laboratory name, address, and telephone number 4 . Name and signature of laboratory inspector 5 . Date and time of sampling or inspection 6 . Record of temperature and weather conditions 7. Date of test 8 . Identification of product and specification section 9 . Location of sample or test in the Project 10 . Type of inspection or test 11 . Results of tests and compliance with Contract Documents 12 . Interpretation of test results, when requested by Engineer E. Perform additional tests as required by Engineer or the Owner 1 . 05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory in not authorized to : 1 . Release, revoke, alter, or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the work 3 . Perform any duties of the Contractor 1 .06 CONTRACTOR' S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to work and to manufacturer' s facilities . B . Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C . Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other material mixes which require control by the testing laboratory. D. Furnish copies of product test reports as required. E. Furnish incidental labor and facilities : I . To provide access to work to be tested 2 . To obtain and handle samples at the project site or at the source of the product to be tested 3 . To facilitate inspections and tests 4 . For storage and curing of test samples F. Notify laboratory, in advance of operations to allow for laboratory assignments of personnel and scheduling of tests. 6706-38392\8/20/03 01410-2 VRB PART 2 - PRODUCTS ' Not applicable . PART 3 - EXECUTION ' Not applicable . ' END OF SECTION 1 ' 6706-38392\8/20/03 01410-3 VRB \j (y� T ^y� ^�y1 rl . wOl O W rN L� O a M , O Ovlo N N M 00 M 0 SECTION 01510 TEMPORARY UTILITIES ' PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDED ' A. Furnish, install, and maintain temporary p ry utilities required for construction; remove on completion of entire project. ' B . Provide temperature, ventilation, and lighting requirements, if applicable,q pp , as specified in each individual section. 1 .02 RELATED REQUIREMENTS ' A. Section 01000 : Summary of Work 1 .03 REQUIREMENTS OF REGULATORY AGENCIES tA. Comply with National Electric Code. B . Comply with federal, state, and local codes and regulations, and with utility company requirements . PART 2 - PRODUCTS ' 2 . 01 MATERIALS (GENERAL) ' Materials may be new or used, but must be adequate in capacity for the required usage. They MUST NOT create unsafe conditions, and MUST NOT violate requirements of applicable codes and standards. ' 2 .02 TEMPORARY ELECTRICITY AND LIGHTING ' A. The Contractor must maintain power to all existing buildings and areas . B . The Contractor is responsible for providing and paying for all power required for his operations. Contractor shall make arrangements with Owner for temporary power. C . Contractor is responsible for arranging power for his office trailers(s), power tools, etc. , at his own expense. The Contractor shall pay the costs of all power used. ' D. Provide POWER CENTERS for miscellaneous tools and equipment used in the work: 1 . Weatherproof distribution box with minimum of four 20-amp., 120-volt grounded outlets . 2 . Locate so that power is available at any point of use with minimum 100-foot CONSTRUCTION-TYPE power cords. ' 3 . Provide circuit breaker protection for each outlet. ' 6706-38392\8/20/03 01510- 1 VRB E. Provide adequate artificial lighting for all areas of work, when natural light is not adequate for work, and for areas accessible to persons other than Contractor ' s employees . F . If Contractor requires service other than specified above, he shall arrange for, provide maintenance, and pay all costs incurred . 2. 03 TEMPORARY WATER Contractor shall make arrangements with Owner for all temporary water at the project site . Contractor shall pay for all temporary water required for his operations . 2.04 TEMPORARY SANITARY FACILITIES A. Contractor shall provide temporary sanitary facilities in compliance with laws and regulations . B . Contractor shall provide for regular service, cleaning, and maintenance of temporary facilities and enclosures . PART 3 - EXECUTION 3 .01 GENERAL A. Comply with applicable requirements specified in Section 02677 — Raw Water Supply and Wellhead, as well as state and local codes . 3 .02 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B . Clean and repair damage caused by temporary installations or use of temporary facilities . C. Restore existing facilities used for temporary services to specified, or to original, condition. END OF SECTION 6706-38392\8/20/03 01510-2 VRB SECTION 01560 TEMPORARY CONTROLS ' PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED ' A. Furnish, install, and maintain temporary control facilities required for construction; tructton; remove on completion of entire project any features not intended to remain on the project ' site. B . Provide noise control, dust control, water control, debris control, pollution control and ' erosion control as specified in the appropriate sections of these documents . 1 .02 REQUIREMENTS OF REGULATORY AGENCIES ' A . Comply with federal, state, and local codes and regulations and utility company requirements. ' B . Comply with Department of Transportation requirements . PART 2 - PRODUCTS 2 .01 MATERIALS (GENERAL) ' A. Materials may be new or used, but must be adequate in capacity and quality for the required usage, MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards . ' 2 .02 TEMPORARY NOISE CONTROL ' A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines. B . Bells, sirens, alarms, etc . , shall be adjusted to provide adequate warnings to personnel on the project site; however, they shall be regulated to an intensity that is amenable to the neighboring communities. ' C. Exterior construction work noises shall be kept to a minimum during evening, night, and early morning hours . In addition, weekend and holiday noises shall be limited to acceptable levels. ' D . In addition to on-site control, noise considerations shall be made to off-site vehicles and equipment (mobilization, demobilization, deliveries, etc .) . ' 2 . 03 TEMPORARY DUST CONTROL ' A. Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control . ' 6706-38392\8/20/03 01560- 1 VRB 2.04 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items; however, it shall be diverted and channeled to effectively leave the site as soon as possible. Puddling and ponding on the site is not permitted. B . Water shall be controlled such that it does not enter excavated areas nor is deposited on or against constructed features . 2 .05 TEMPORARY DEBRIS CONTROL61 r A. Provision shall be made by each Contractor to have available adequate containers to hold any and all debris that is to be generated from the project. Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site . B . Instructions shall be given to personnel to utilize the trash containers . Containers shall be placed in convenient places at the site. C. At least once per week, a thorough cleaning of trash and debris shall be made at the construction site. An acceptable method of disposal shall be employed. END OF SECTION 6706-38392\8/20/03 01560-2 VRB SECTION 01600 ' MATERIAL AND EQUIPMENT ' PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDED 1A, Products ' B . Workmanship C . Manufacturer' s Instructions D. Transportation and Handling E. Storage and Protection F. Substitutions and Product Options ' 1 .02 RELATED REQUIREMENTS A. Section 01000 : Summary of Work — Provisions and performance of work under the Contract. B . Section 01090 : Reference Standards — Provision and identification of publication sources for referenced standards . C. Section 01340 : Shop Drawings, Product Data and Samples — Submittal of manufacturer' s drawings, descriptive literature, samples and certificates . ' D . Section 01710 : Cleaning — Manufacturer' s recommendation and procedures for cleaning. E. Section 01740 : Warranties and Bonds — Form and time of submission. 1 .03 PRODUCTS A. Products include material, equipment and systems . B . Comply with specifications and referenced standards as minimum. ' C . Manufactured and fabricated components required to be supplied in quantity with a Specification section shall be the same, and shall be interchangeable . ' D. When project is alteration and additional work, DO NOT use materials and equipment removed from existing structure, except as specifically allowed by notation or indication by Contract Documents. 1 . 04 WORKMANSHIP ' A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship . ' 6706-38392\8/20/03 01600- 1 VRB s B . Perform work by persons qualified to produce workmanship of specified quality. C . Secure products in place with positive anchorage devises designed and sized to withstand stresses, vibration, and rocking. 1 . 05 MANUFACTURER' S INSTRUCTIONS A. When work is specified to comply with manufacturer' s printed instructions, obtain and distribute copies to persons involved, and maintain one set at job site in field office. B . Perform work in accordance with manufacturer' s instructions and specified requirements . C. Should a conflict exist between Specifications and manufacturer' s instructions, consult with Engineer. 1 .06 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules; coordinate to avoid delay of progress, conflict with work and with conditions at the site. B . Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer' s unopened containers or packaging, dry. C. Provide equipment and personnel to handle product by methods to prevent soiling or damage. D . Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged. 1 .07 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. B . Store sensitive products in weather-tight enclosures; maintain within temperatures and humidity ranges recommended/required by manufacturer' s instructions . C. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. D. Store loose granular materials on solid surfaces in a well-drained area; prevent mixing with foreign matter. E. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. F. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed. 6706-38392\8/20/03 01600-2 VRB 1 .08 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major roducts proposed, with name of manufacturer, trade name and model , p ' B . Options: 1 . Products specified only be reference standard : Any product meeting that ' standard. 2 . Product specified by naming several manufacturers : Product of any named manufacturer meeting specifications. 3 . Products specified by naming one or more manufacturers and "or equal': Submit ' a request for substitution for any manufacturer not specifically named. 1 .09 SUBSTITUTIONS ' A. Only within 30 days after date of Contract will Engineer consider requests from Contractor for substitutions. Subsequently, substitutions will be considered only when a product becomes unavailable due to no fault of the Contractor. B . Document each request with complete data, drawings and samples as appropriate, substantiating compliance of proposed substitution with Contract Documents including: ' 1 . Comparison of the qualities of the proposed substitution with the specified. 2 . Changes required in other elements of the work because of the substitution . 3 . Effect on the construction schedule. 4. Cost data comparing the proposed substitution with the product specified. 5 . Any required license fees or royalties 6 . Availability of maintenance service, and the source replacement materials . iC . Request constitutes a representation that Contractor: 1 . Has investigated proposed product and determined that it meets or exceeds, in all ' respects, specified product. 2 . Will provide the same warranty for substitution as for specified product. 3 . Will coordinate installation and make other changes which may be required for work to be complete in all respects . 4. Waives claims for additional costs which may subsequently become apparent. D. Substitutions will not be considered when they are indicated or implied on Shop Drawing ' or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents . ' E. Engineer will review to determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time. ' PART 2 - PRODUCTS Not applicable ' PART 3 - EXECUTION Not applicable END OF SECTION ' 6706-38392\8/20/03 01600-3 VRB ..r O O r'2 O C � y .-r � O O b0 ed a M CO O Q 00 N O� M 00 M O SECTION 01710 CLEANING ' PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED ' Execute cleaning, during progress of the work, and at completion o p f the work, as required by General conditions. ' 1 . 02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws . ' PART 2 - PRODUCTS 2 .01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces . B . Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. ' Co Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3 .01 DURING CONSTRUCTION ' A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulation of waste materials, rubbish, and windblown debris resulting from ' construction operations . B . Dispose of waste materials, cartons, crating, debris, and rubbish at designated waste receptacles . C . Contractor shall maintain a broom-cleaned site during the entire construction phase. ' D . For exterior utility work (such as underground pipelines, roadways, service areas, etc.), these shall be cleaned daily. Not less frequently than once weekly. Roadways shall be mechanically broomed . ' 6706-38392\8/20/03 01710- 1 VRB 3 . 02 DUST CONTROL 4 A . General Contractor shall broom-clean interior spaces prior to the start of completing painting and continue cleaning on an as-needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly-coated surfaces. 3 .03 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials . B . Contractor shall broom-clean paved surface; rake-clean other surfaces of the grounds . e, C . Prior to final completion, Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean. END OF SECTION 3 6706-38392\8/20/03 01710-2 VRB ' SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1 . 01 REQUIREMENTS INCLUDED A. Contractor shall maintain at the site for the Owner one record copy of the following: 1 . Drawings 2 , Specifications 3 . Addenda 4 . Change orders and other modifications to the Contract 5 . Engineer field orders or written instructions 6 . Approved shop drawings, product data, and samples ' 7 . Field test records B . Related requirements in the other parts of the Contract Documents : General Conditions of the Contract; Section 2 — Schedules, Reports and Records ' C . Related requirements specified in other sections : Section 0 13 40 : Shop Drawings, Product Data and Samples 1 .02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Contractor shall store documents and samples apart from documents used for ' construction. B . File documents and samples in accordance with Specifications — Table of Contents. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D . Make documents and samples available at all times for inspection by Engineer. 1 .03 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color red. 1 .04 RECORDING (SEE ALSO SPECIAL CONDITIONS) A. Label each document "PROJECT RECORD" in neat large printed letters. B . Record information concurrently with constructioness .ro DO any work until required information is recorded. p NOT conceal or backfill ' C. Drawings : Legibly mark to record actual construction: 6706-3839218/20/03 01720- 1 VRB I • Depths of various elements of construction in relation to N. G .V.D . 1929. 2 . Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3 • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure . 4 . Field changes of dimension and detail 5 . Changes made by field order or by change order. 61 Details not on original contract drawings. D. Specifications and Addenda: Legibly mark each section to record : 1 • Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. 1 .05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the Owner B . Accompany submittal with transmittal letter in duplicate, containing: 1 . Date 2 . Project title and number 3 • Contractor' s name and address 4. Title and number of each Record Document 5 . Signature of Contractor or his authorized representative 1 . 06 AS-BUILT SURVEYS A. CONTROL INFORMATION FOR AS -BUILT UTILITY SURVEY WORK I . All as-built drawings shall state in 1 " lettering "AS-BUILT RECORD SURVEY" located in the bottom right hand side of the drawing original and/or copies, along with the as-built date. 2. . All as-built surveys shall meet the minimum requirements of the Chapter 61G17, Florida Administrative Code Pursuant to Section 472 of the Florida Statutes. All surveys shall be based on a minimum horizontal control Third Order, "Class 2 ." 3 . All state plane coordinates shall be based on the Florida State Plane Horizontal Data (East Zone); Florida High Precision Geodetic Network (Superstation) and NAD 83/ 1999 — final adjustment. 4. State plane coordinates shall be physically tied to a minimum of two known state plane coordinate benchmarks that utilize number 3 above. State plane coordinates shall be shown on survey at benchmarks used. 5 . All elevations shown shall be based on 1929 NGVD. 6 • All incoming as-built survey AUTOCADD drawing files shall be received on compact disc (CD) and in state plane :.00rdinates. (NOTE: Prior to submitting the AUTOCADD CD, three (3 ) copies of each survey shall be submitted for review and approval . After all approvals, two (2) signed and sealed copies of each survey shall be submitted. 7. All as-built survey drawings shall be tied to a minimum of one permanent reference monument (P.R.M.), and tied to a minimum of two section corners or one section corner and one %4 section corner, which ever is closest to the project. 6706-38392\8/20/03 01720-2 VRB 8 . All as-built survey drawings shall be calculated in a Cogo package for future G.I. S . Information . The Cogo used shall meet the Cogo requirements set forth by the Department of Utility Services. 9 , All Utility As-built construction located within one mile of the Indian River County Global Positioning System (G.P. S .) control project shall be tied from that nearest G.P. S. point and into the closest construction site Permanent Reference ' Monument (P.R.M.), if available. This does not eliminate Item No . 7 above. 10 . As-built survey drawings shall include elevations for the top of pad, ground level, and the flange on which the water level transducer is to be mounted for all six 1 production wells . PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION ' Not applicable END OF SECTION 6706-38392\8/20/03 01720-3 VRB F�1 �1 W � O i+ N C � O N bA R! a y . .r M O O 00 00 N M 00 M 1%O O ' SECTION 01735 EQUIPMENT OPERATION AND MAINTENANCE INSTRUCTIONS 1 P ART1 GENERAL 1 . 01 SCOPE OR WORK A. This Section describes the project requirements for equipment manufacturer ' representatives instruction of the Owner's plant operation and maintenance personnel in the proper operation and maintenance of the equipment furnished under the Contract. Be The equipment manufacturer or supplier are to include the costs for the onsite operation and maintenance equipment instructions specified herein in their price quotations for the equipment to be furnished under the Contract. ' C . It is the goal and intent of the equipment operation and maintenance instruction herein to provide the Owner's plant operation and maintenance personnel with technically ' accurate and current information on the theory, design, practical operation and maintenance, appropriate hands-on or field experience such that the equipment or components can be efficiently operated and maintained by the Owner's plant operation and maintenance staff upon completion of the instruction program. 1 .02 OPERATION AND MAINTENANCE INSTRUCTIONS ' A. An experienced and authorized representative of the manufacturer or supplier of each item of equipment listed below shall conduct a plant site instruction program on the proper ' operation and maintenance of the equipment. Instruction shall be given only by qualified persons who are familiar with the equipment and systems installed in the Work. The required amount of continuous on-site instruction for each item of equipment shall be as follows : ' Eaui ment Instruction Period Valves, including operators ' (each different type) 1 day Flow meters 1 day Well pump (primarily setting bowls) 1 day Instrumentation and control systems 2 days Telemetry equipment 1 day Be Equipment manufacturer operation and maintenance manuals, conforming to the requirements of Sections 01300 and 0 173 5 , shall be furnished at least 7 days in advance of ' the start of the on-site instruction. C . Schedule the respective equipment operation and maintenance instruction sessions with the Owner. The instruction sessions shall be scheduled at least 3 weeks in advance of the time the instruction will be given and shall be conducted with the installed equipment 6706-38392\8/20/03 01735- 1 VRB being fully tested, adjusted and operational .p nal . The equipment operation and maintenance instruction may be scheduled to immediately follow the manufacturer or suppliers representative's field inspection and final adjustment of the equipment provided that the representative can certify that the equipment has been installed in accordance with manufacturer's instructions and procedures and the equipment and controls operate properly. D. The equipment operation and maintenance instruction sessions shall as a minimum cover the material presented in the manufacturer O&M user manuals which shall serve as the manual for the instruction program, and the instruction sessions shall consist of both classroom instruction and field hands-on instruction. The manufacturer's representative who will be conducting the training program shall prepare an outline of the material to be covered during both the classroom and hands-on field portions of instruction. The outline shall briefly describe what is to be discussed under each item and audio visual aids and other materials to be used in support of the O&M user manual material. Submit the training program outline to the Engineer at least 75 days in advance of the start of the program to allow the Owner and Engineer adequate time to review its contents. The format and contents of the respective equipment instruction programs shall be changed to incorporate the Owner's and Engineer's review comments on the program outline. E. The Owner shall have the right to video tape the equipment operations and maintenance instruction programs for use in training future plant operation and maintenance personnel. PART PRODUCTS (NOT USED) PART 3 EXECUTION 3 . 01 OPERATION TRAINING A. The operation training sessions shall include, but not be limited to, the following: 1 . Overview of the equipment and auxiliary or support systems covering nomenclature, function and theory of operation. 2 . General safety requirements for operation of the equipment and auxiliary or support systems, including suggested safety equipment. 3 . Pre-startup safety and equipment check. 4 . Equipment and auxiliary or support systems startup procedures covering manual and automatic modes, if available. 5 . Equipment operation and monitoring requirements; including specifics on normally expected ranges for items such as oil, water pressure and temperature, discharge pressures, sensory observations and procedures to change operating parameters (such as air or flow rate). 6. Equipment and systems shut down procedures covering manual and automatic modes (if available). 7. Operational troubleshooting of equipment and auxiliary or support systems . 8 . Procedure for handling non-routine operational problems such as response to alarms, power failures, emergency shutdown and auxiliary or support system failures. 6706-38392\8/20/03 01735 -2 VRB 3 . 02 MAINTENANCE TRAINING A. The maintenance training sessions shall be coordinated as explained herein. ' 1 . If a session is specific to a discipline (electrical, mechanical, electrical/instrumentation) include only appropriate maintenance items for that ' discipline; if sessions are to include multiple disciplines, include all items for those disciplines and indicate in submittal outline which discipline the material refers to. 2 . All disciplines shall include, but not be limited to, the following: ' a. Overview of the equipment and auxiliary or support systems covering nomenclature, function and theory of operation. b. General safety requirements for maintenance of the equipment and auxiliary support systems appropriate to each discipline included suggested safety equipment and practices. Cover local and remote lockout procedures, safe procedure for handling alarms and built in safety devices ' during preventive and corrective maintenance. C, Overview of pre-startup, routine operation monitoring and shutdown procedures covering automatic and manual modes (if applicable) . 3 . Each specific discipline shall include, but not be limited to, the following: a. Provide preventive maintenance procedures to be followed; include parts, lubrication quantities, types, frequencies, application points and time ' requirements to perform procedures . b . Specific procedures to cover adjustments required for alignment, wear, calibration for all preventive maintenance and corrective maintenance procedures including time reWiired to perform. C, Special tools, techniques or procedures required for either preventive or corrective maintenance of equipment or its auxiliary or support systems . d. Assembly and disassembly procedures required for preventive or ' corrective maintenance (the use of models, "exploded" views, parts lists, hands-on field training or other audio visual materials are recommended for this area of training). Include time requirements for procedures ' performed. e. Maintenance troubleshooting of equipment and auxiliary or support systems. END OF SECTION 6706-38392\8/20/03 01735 -3 VRB ..n ..r O bo Co a M O O N 00 N - M 00 M i O SECTION 01740 ' WARRANTIES AND BONDS ' PART 1 - GENERAL 1 .01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds. ' B . Compile specified service and maintenance contracts . C . Co-execute submittal when so specified. ' D . Review submittals to verify compliance with Contract Documents ' E. Submit to Engineer for review and transmittal to Owner 1 .02 RELATED REQUIREMENTS A. In other parts of the Contract Documents : 1 . Instructional to Bidders : Bid or Proposal Bonds 2 , General Conditional of Contract: ' a. Performance Bond and Labor and Material Payment Bond b . General Warranty of Construction. ' B . Specified in other sections: 1 . Section 01700 : Contract Closeout 2 . Each respective section of Specifications shall have' Warranties and Bonds required for specific products. 3 . Provisions of Warranties and Bonds, Duration: The respective section of specification which specifies the product. ' 1 . 03 SUBMITTAL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts, executed by each of ' the respective manufacturers, suppliers and subcontractors. B . Number of original signed copies required: Two each. ' C. Table of Contents : Neatly typed, in orderly sequence . Provide complete information anon for each item. ' 1 . Product or work item 2 . Firm, with name of principal, address, and telephone number. 3 . Scope . ' 4 . Date of beginning of warranty, bond or service and maintenance contract. 5 . Duration of warranty, bond or service maintenance contract. 6 . Provide information for Owner' s personnel : a. Proper procedure in case of failure E Instances which might affect the validity of warranty bonds. ' 6706-38392\8/20/03 01740- 1 VRB 7. Contractor, name of responsible principal, address and telephone number. 1 . 04 FORM OF SUBMITTALS A. Prepare in duplicate packets . B . Format: 1 . Size 8- 1 /2" X 11 " punched sheets for 3 -ring binder a. Fold larger sheets to fit into binders 2 . Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS ," List: a. Title of project b. Name of Contractor C . Binders : Commercial quality, three-ring, with durable and cleanable plastic cover. 1 .05 TIME OF SUBMITTALS A. Make submittals within ten days after Date of Substantial Completion, prior to final request for payment. B . For items of work, where acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing the date of acceptance as the start of the warranty period. 1 .06 SUBMITTALS REQUIRED A. Submit warranties, bonds, and service and maintenance contracts as specified in the respective sections of Specifications, as appropriate. PART 2 - PRODUCTS Not applicable PART 3 - EXECUTIVE Not applicable END OF SECTION 6706-38392\8/20/03 01740-2 VRB DIVISION 2 � SITE WORK ' SECTION 02100 SITE PREPARATION PART 1 - GENERAL ' 1 . 01 SCOPE OF WORK A. Furnish all labor, materials and equipment required and perform all site preparation, ' complete as shown on the Drawings and as specified herein. B . Obtain all permits required for site preparation work prior to proceeding with the work, ' including clearing and tree removal . C . Unless otherwise shown on the Drawings or directed by the Engineer, the areas to be ' cleared, grubbed and stripped shall generally consist of the entire project site, with the exception of those areas specifically designated to remain in an undisturbed, natural condition. ' 1 . 02 RELATED WORK ' A. Earthwork is included in Section 02200 . 1 . 03 SUBMITTALS ' A . Submit, in accordance with Section 0 13 00, copies of all permits required prior to clearing, grubbing, and stripping work. ' PART 2 - PRODUCTS (NOT USED) ' PART 3 EXECUTION 3 . 01 CLEARING A. Cut and remove all timber, trees, stumps, brush, shrubs, roots, grass, weeds, rubbish and any other objectionable material resting on or protruding through the surface of the ground. ' B . Preserve and protect trees and other vegetation designated on the Drawings or directed by the Engineer to remain as specified below. ' 3 . 02 GRUBBING A. Grub and remove all stumps, roots in excess of 1 %2-in in diameter, matted roots, brush, ' timber, logs, concrete rubble and other debris encountered to a depth of 18-in below original grade or 18-in beneath the bottom of foundations, whichever is deeper. 6706-38392\8/20/03 02100- 1 VRB V Be Refill all grubbing holes and depressions excavated below the original ground surface with suitable materials and compact to a density conforming to the surrounding ground surface in accordance with Section 02200 , 3 .03 DISPOSAL A. Dispose of material and debris from site preparation operations by hauling and debris to an approved offsite disposal area. No rubbish or debris of any kind hall be buried on the site. 3 .04 PROTECTION A. Trees and other vegetation designated on the Drawings or directed by the Engineer to remain shall be protected from damage by all construction operations by erecting suitable barriers, guards and enclosures, or by other approved means . Conduct clearing operations in a manner to prevent falling trees from damaging trees and vegetation designated to remain and to the work being constructed and so as to provide for the safety of employees and others. Be Maintain protection until all work in the vicinity of the work being protected has been completed. C . Do not operate heavy equipment or stockpile materials within the branch spread of existing trees. D. Immediately repair any damage to existing tree crowns, trunks, or root systems. Roots exposed and/or damaged during the work shall immediately be cut off cleanly inside the exposed or damaged area. Treat cut surfaces with an acceptable tree wound paint and topsoil spread over the exposed root area. E. When work is completed, remove all dead and downed trees. Live trees shall be trimmed of all dead and diseased limbs and branches. All cuts shall be cleanly made at their juncture with the trunk or preceding branch without injury to the trunk or remaining branches. Cuts over 1 -in in diameter shall be treated with an acceptable tree wound paint. F. Restrict construction activities to those areas within the limits of construction designated on the Drawings, within public rights-of-way, and within easements provided by the Owner. Adjacent properties and improvements thereon, public or private, which become damaged by construction operations, shall be promptly restored to their original condition, to the full satisfaction of the property owner. END OF SECTION 6706-38392\8/20/03 02100-2 VRB SECTION 02200 EARTHWORK ' PART 1 GENERAL ' 1 .01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required install casing for the new production Well No. 3 , and repairs associated with Well No. 4 as shown on the Drawings and as specified herein. The work shall include, but not necessarily be limited to; excavation for structures, footings, electrical manholes, conduits, cables, pipes; all ' backfilling and fill; embankment and grading; disposal of waste and surplus materials; and all related work such as sheeting, bracing and pumping. ' B . All excavation, trenching and related sheeting, bracing, etc, shall conform to the requirements of the Florida " State Safety Act" (CS/SB 2626) which incorporates, by reference, OSHA's excavation safety standards, 29 CFR 1926 . 650 Subpart P. 1 . 02 RELATED WORK ' A. Site preparation is included in Section 02100 . B . Dewatering is included in Section 02401 . ' C . Seeding and Sodding is included in Section 02485 . 1 . 03 REFERENCE STANDARDS ' A. American Society for Testingand Materials A (ASTM) 1 . ASTM C33 - Specification for Concrete Aggregates. 2 . ASTM D 1557 - Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/cu ft (2, 700kN-m/cu m) 3 . ASTM D1682 - Standard Test Methods for Breaking Load and Elongation of ' Textile Fabrics. 4 . ASTM D2487 - Standard Classification of Soils for Engineering Purposes, 5 . ASTM D4751 - Standard Test Method for Determining the Apparent Opening Size of a Geotextile. B . Where reference is made to one of the above standards, the revision in effect at the time of ' bid opening shall apply. 1 .04 PROTECTION ' A. Pumping and Drainage 1 . At all times during construction provide and maintain proper equipment and ' facilities to remove all water entering excavations and keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the 6706-38392\8/20/03 02200- 1 VRB fills, structures ori es to p p be built thereon have been completed to such extent that they will not be floated or otherwise damaged by allowing water levels to return to natural levels. Submit to the Engineer for review the design of the dewatering systems prior to commencing work. 2 . Dewatering shall at all times be conducted in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom of excavation. Well or sump installations shall be constructed with proper sand filters to prevent drawing of finer grained soil from the surrounding ground. 3 . Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps and pumped from the excavation to maintain a bottom free from standing water. p 4. Take all additional precautions to prevent uplift of any structure during construction. 5 . Drainage shall be disposed of so that flow or seepage back into the excavated area will be prevented. 6 . Flotation shall be prevented by maintaining a positive and continuous operation of the dewatering system. Be fully responsible and liable for all damages which may result from failure of this system. 7. Remove the dewatering equipment after the system is no longer required. 8 . Take all necessary precautions to preclude the accidental discharge of fuel, oil, etc, in order to prevent adverse effects on groundwater quality. PART 2 PRODUCTS Not applicable PART 3 EXECUTION 3 . 01 EXCAVATION BELOW GRADE A. If the bottom of any excavation is taken out below the limits directed by the Engineer, it shall be refilled at the Contractor's expense with concrete, 8-in layers of compacted structural fill or other material satisfactory to the Engineer. The type of material to be used shall be at the Engineer's option. B . If care is not taken to dewater properly, through failure to postpone final excavation immediately above the subgrade until shortly before placing of the new work thereon, or other failure or neglect to conduct the excavation work properly so that the surface of the subgrade is in proper condition for construction, remove the unsuitable material and replace it with concrete, compacted structural fill, or other approved material at Contractor's own expense so that the condition of the subgrade meets with the approval of the Engineer before any work is placed thereon . C . If, in the opinion of the Engineer, the material, in its undisturbed natural condition, at or below the normal grade of the excavation as indicated on the Drawings is unsuitable for foundations, it shall be removed to such depth and width as he/she may direct and be replaced with suitable material as directed by the Engineer for which compensation will be made at the unit price in the Bid Form. 6706-38392\8/20/03 02200-2 VRB ' 3 . 02 TRENCH EXCAVATION AND BACKFILLING A. Excavation for all trenches required for the installation of pipes and ducts shall be made to the depths indicated on the Drawings and in such a manner and to such widths as will give suitable room for laying the pipe or installing the ducts within the trenches, for bracing and supporting and for pumping and drainage facilities . Render the bottom of the ' excavations firm and dry and in all respects acceptable. to the Engineer. Pavement, when encountered, shall be cut with pneumatic chisels along straight lines before excavating. B . Rock shall be removed to a minimum 8-in clearance around the bottom and sides of all the pipe being laid. 3 . 03 MISCELLANEOUS EXCAVATION A. Perform all the remaining miscellaneous excavation. Make all excavations necessary to permit the placing of topsoil and any other miscellaneous earth excavation required under this Contract. 3 . 04 BACKFILLING - COMMON FILL A. Common Fill may be used as trench backfill. Material conforming to the requirements of common fill shall be placed in layers having a maximum thickness of 3 -ft measured before ' compaction. B . Common Fill shall be compacted to at least 92 percent of maximum density as determined by ASTM D 1557, Method D . C . Materials placed in fill areas shall be deposited to the lines and grades shown on the Drawings making due allowance for settlement of the material and for the placing of topsoil thereon. D. The surfaces of filled areas shall be graded to smooth true lines, strictly conforming to grades indicated on the grading plan and no soft spots or uncompacted areas will be allowed in the work. E. No compacting shall be done when the material is too wet either from rain or from excess application of water. At such times, work shall be suspended until the previously placed and new materials have dried sufficiently to permit proper compaction. 3 . 05 DISPOSAL OF SURPLUS MATERIAL ' A. No excavated materials shall be removed from the site of the work or disposed of, except as specified by the Engineer. Materials shall be neatly piled so as to inconvenience as little as possible the public and adjoining property owners until used or otherwise disposed of ' as specified below. B . Suitable excavated material shall be used for fill embankments or backfill on the different parts of the work as required. 6706-38392\8/20/03 02200-3 VRB C . Surplus fill shall become the property of the Contractor and shall be removed and disposed off site. 3 .06 DISPOSAL AND REPLACING OF ROCK A. Remove and dispose of all pieces of ledge and boulders which are not suitable for use in other parts of the work. Rock disposed of by hauling away to spoil areas is to be replaced by approved surplus excavation obtained elsewhere on the work, insofar as it is available. Any deficiency in the backfill material shall be made up with acceptable material approved by the Engineer. B . Fragments of ledge and boulders smaller than 50 lb weight may be used in backfilling trenches unless in the opinion of the Engineer the quantity is excessive, in which case he/she may order the removal and disposal of some of this rock. The small pieces of rock used as backfill shall not be placed in trenches until the pipe has at least 2-ft of earth over it. Place these pieces of stone in thin layers alternating them with earth to be sure that all voids between the stones are completely filled with earth to prevent the occurrence of voids and settlement which will result therefrom. C . Rock may be used in embankment fill only with the approval of the Engineer. 3 .07 GRADING A. Grading in preparation for placing of topsoil and appurtenances shall be performed at all places to the lines, grades and elevations as directed by the Engineer. All material encountered, of whatever nature, within the limits indicated, shall be removed and disposed of as directed. During the process of grading, the subgrade shall be maintained in such condition that it will be well drained at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the prosecution or condition of the work. B . If at the time of grading it is not possible to place any material in its final location, it shall be stockpiled in approved areas for later use. No extra payment will be made for the stockpiling or double handling of excavated material. C . The right is reserved to make minor adjustments or revisions in lines or grades if found necessary as the work progresses, in order to obtain satisfactory construction . D. Stones or rock fragments larger than 4-in in their greatest dimensions will not be permitted in the top 6-in of the finished subgrade of all fills or embankments. E. In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise removed to line or finished grade of slope. All cut and fill slopes shall be uniformly dressed to the slope, cross-section and alignment shown on the Drawings or as directed by the Engineer. END OF SECTION 6706-38392\8/20/03 022004 VRB ' SECTION 02401 DEWATERING PART 1 - GENERAL 1 .01 DESCRIPTION OF WORK The work to be performed under this section shall include furnishing all equipment and labor ' necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. 1 . 02 APPLICABLE CODES , STANDARDS, AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be with the latest revision of all local and state government rules and regulations . Contractorn strict t ' shall obtain any required dewatering permit from the appropriate agencies prior to commencing dewatering operations. ' PART 2 — PRODUCTS (Not Applicable) ' PART 3 - EXECUTION 3 . 01 DEWATERING The Contractor shall provide equipment adequate a ui q q p for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the Contractor shall ' utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer-approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and ' for pipe laying. Wellpoint holes shall be plugged with concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. In the event that satisfactory dewatering cannot be ' accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer' s approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to ' slowly return to normal levels. 3 .02 DISPOSAL ' Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the ' dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor' s plan for trench disposal is approved in writing by the Engineer. The Contractor' s plan shall include temporary culverts, ' barricades, and other protective measures to prevent damage to property or injury to any person ' 6706-38392\8/20/03 02401 - 1 VRB or persons . No flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped "with residential type mufflers . END OF SECTION 6706-38392\8/20/03 02401 -2 VRB SECTION 02485 ' SODDING ' PART 1 - GENERAL 1 .01 DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing. It is the ' intent of this specification that damaged areas are to be replaced in kind, with sod to be used for all maintained yard areas. Engineer shall designate the type of sod to be used in each area. Contractor shall take all steps practical to minimize the area required to be sodded. All grassing ' shall be in accordance with Section 570- 1 through 570-5 of the 1986 FDOT Standard Specifications for Road and Bridge Construction, except as modified herein . 1 .02 STORAGE OF MATERIALS . The Contractor shall provide space for storage of sod prior to placement in a manner that ' will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work. PART 2 - PRODUCTS ' 2 .01 SOD ' A. Types : Sod shall be St. Augustine Floratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding will adjoin, or be in sufficiently close proximity to ' private lawns, types of sod other than those listed above may be used if desired by the affected property owners and approved by the Engineer. Sod shall be delivered in commercial-size rectangles, preferably 12-inch by 24-inch or larger. B . Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh, and uninjured at the time of planting. It shall have a soil mat of ' sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses . It shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted. ' 2.02 GRASSING EQUIPMENT A. Rollers : A cultipacker, traffic roller, or other suitable equipment will be required for ' rolling the grassed areas . PART 3 - EXECUTION ' 3 . 01 GENERAL CONSTRUCTION METHODS ' Grassing shall be incorporated into the project at the earliest practical time in the life of the contract. ' 6706-38392\8/20/03 02485- 1 VRB 3 .02 SODDING A . Preparation of Area to be Sodded : The ground which is to receive sod shall have been i graded to proper elevations (2" below sodded grade) to match pre-construction conditions or proposed grades. All disturbed swales and ditches shall have been restored to their pre- construction condition or better. The pre-construction grade shall be maintained and the prepared soil shall be loose and reasonable smooth. It shall be reasonable free of large clods, roots, patches of existing grass, and other material which will interfere with the sod-laying operations or subsequent mowing and maintenance operations. B . Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod, the new sod must be cut in to match the elevation of the existing sod. Uneven sod which might cause mowing problems will be rejected. New sod laid on top of existing sod will also be rejected. All sod placed on steep slopes (greater than 1 : 1 ) shall be pinned with a wooden pin to keep it in place . C . Rolling: Immediately after completion of the sod laying, the entire sodded area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. D . Watering: Newly-sodded areas are to be watered by Contractor as necessary to keep sod alive until the contract is closed out. Dead sod shall be replaced by Contractor prior to contract closeout. END OF SECTION j 6706-38392\8/20/03 02485 -2 VRB SECTION 02660 ' TESTING AND INSPECTION OF WATER MAINS ' 1 .01 PRESSURE AND LEAKAGE TESTS OF UNDERGROUND PRESSURE PIPING ' A. Hydrostatic pressure and leakage tests shall conform with Section 4 of the latest edition of AWWA C-600 specifications with the exception that the Contractor shall furnish all gauges, meters, pressure pumps and other equipment needed to test the line . Engineer or designated representative shall be present during all testing, televising and final ' inspections . B . The pressure required for the field hydrostatic pressure test shall be 1 . 5 times the normal working pressure at the point of testing, and not less than 1 .25 times the working pressure at the highest point along the test section, but not less than 150 psi ( 100 psi for force main.) The Contractor shall provide temporary plugs and blocking necessary to maintain the required test pressure . Corporation cocks at least 1 inch in diameter, pipe riser, and angle globe valves shall be provided at each pipe dead-end in order to bleed air from the line. Duration of pressure test shall be at leasi: 2 hours . The cost of these items shall be included as a part of testing. C . The leakage test shall be conducted concurrently with the hydrostatic pressure test and shall be of not less than 2 hours duration. All leaks evident at the surface shall be repaired ' and leakage eliminated regardless of total leakage as shown by test. Lines that fail to meet tests shall be repaired and retested as necessary until test requirements are complied with. Defective materials, pipes, valves and accessories shall be removed and replaced. ' The pipelines shall be tested in such sections as may be directed by the Engineer by shutting valves or installing temporary plugs as required. The line shall be filled with water and all air removed, and the test pressure shall be maintained in the pipe for the ' entire test period by means of a force pump to be furnished by the Contractor. The amount of water required is a measure of the leakage. ' D . The Contractor must submit his plan for testing to the Engineer for review at least five (5) working days before starting the test. The Contractor shall remove and adequately dispose of all blocking material and equipment after completion and acceptance of the ' field hydrostatic test, unless otherwise directed by the Engineer. Any damage to the pipe coating shall be repaired by the Contractor. Lines shall be totally free and clean prior to final acceptance. ' E. The Engineer or the Engineer's representative must be present during testing. F. No thrust blocks shall be backfilled until inspected by IRCDUS inspectors . ' G. Before the pressure testing of new pipelines against existing Indian River Count y valves can commence, the lines shall be properly chlorinated, sampled, and bacteriologically ' approved. 1 .02 DISINFECTING POTABLE WATER PIPELINES ' 6706-38392\8/20/03 02660- 1 VRB A . Before being placed in service, all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-651 , "Standard Procedure for Disinfecting Water Mains . " The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection, Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required. Be The general procedure for chlorination shall be first to flush all dirty or discolored water from the lines, and then introduce chlorine in approved dosages M4 in accordance with Table 1 - 1 through a tap at one end, while water is being withdrawn at the other end of the line. All water flushed from mains shall be directed into rear or side yard ditches . The chlorine solution shall remain in the pipeline for no less than 24 hours . TABLE 1 - 1 Chlorine Required to Produce 25-mg/L Concentration In 100 Foot of Pipe by Diameter Pipe Diameter 100-Percent Chlorine 1 -Percent Chlorine (Inches) Solution Gallons 4 0.013 0. 16 6 0 .030 0.36 8 0 .054 0 . 65 10 0 . 085 1 . 02 12 0 . 120 1 .44 16 0 .217 2 .60 C. Following the chlorination period, all treated water shall be flushed from the lines at their extremities and replaced with water from the distribution system. Bacteriological sampling and analysis of the replacement water shall then be made by the Engineer in full accordance with the AWWA Manual M23 , The Contractor will be required to rechlorinate, if necessary. The line shall not be placed in service until the requirements of the State and County Environmental Health Department are met. D. Special disinfection procedures shall be used in connections with existing mains, and where the method outlined above is not practical . E. The Contractor shall make all arrangements necessary with an independent commercial laboratory approved by the Department of Health and Rehabilitative Services (HRS) for the collection and examination of samples of water from disinfected water mains. These samples shall be examined for compliance with HRS requirements. Sampling shall be made daily and continuously until two successive examinations are found satisfactory. Should three examinations be found unsatisfactory, the line shall be flushed and disinfected again. Certified copies of all laboratory analyses shall be provided to the Owner. The cost of all sampling, flushing, and disinfecting shall be included in the contract price, and no additional charge shall be made to the Owner for this work. County personnel 6706-38392\8/20/03 02660-2 VRB shall operate all valves and be present to determine and control the volume of water used for flushing. 1 .03 TESTING OF POTABLE WATER WELL A. Testing of the potable water well(s) shall be in accordance with Section 02677 and comply with Chapters 40C-3 , 62-531 and 62-532 Florida Administrative Code. END OF SECTION 6706-38392\8/20/03 02660-3 VRg x c o � N O e� Ar r M O a 00 N M M O i SECTION 02677 RAW WATER SUPPLY WELL AND WELLHEAD PART 1 - GENERAL 1 .01 SCOPE OF WORK ' A. Furnish all labor, materials, equipment and incidentals necessary to install, develop, and test one ( 1 ) raw water supply well (replacement Well No. 3 ) tapping the Floridan aquifer as shown on the Drawings and as specified herein, including pump testing and water quality sampling and all accessories or related items required for proper well installation, development and sanitary protection . B . The well is to be completed as shown on the Drawings and as specified herein. ENGINEER will determine the appropriate cased and total depth for the well based on formation samples collected during drilling. The well will be constructed at a specific site approved by the ENGINEER in accordance with the Drawings . Co All materials and construction techniques not specifically addressed i n this be in accordance with the latest revisions of the American Water Works Association on hall Standard for Water Wells (AWWA A100-97). D. The CONTRACTOR shall comply with all federal, state, and local laws, regulations, ordinances, safety codes, and building and construction codes, which apply to construction performed under this contract. 1 . 02 SUBMITTALS A. Submittals described below or as otherwise required shall be furnished in accordance with Section 0 13 00. Any materials or manufactured items installed or used without such approval shall be at the risk of subsequent rejection . 1 . Submit a bill of lading, or other approved evidence identifying the casing pipe and related construction materials in such a manner as to ensure, prior to incorporation in the work, that such pipe and materials conform to the requirements specified herein. Such evidence shall be accompanied by a statement from the CONTRACTOR certifying that the pipe delivered to the job was from the same lot described in the supporting submittal. 2 . The CONTRACTOR shall procure all permits, certificates, and licenses required of him by law for the execution of the work. The ENGINEER must be furnished a ' copy of each permit prior to commencing work. 3 . The CONTRACTOR shall provide casing manufacturer certificates and MSDS sheets at least one week prior to installation of the casings in the well . 1 .03 REFERENCE STANDARDS ' A . American Water Works Association (AWWA) 1 . AWWA A100-97 — Standard for Water Wells. i6706-38392\8/20/03 02677- 1 VRB Be American Society for Testing and Materials (ASTM) C . St. Johns River Water Management District, Chapter 40C-3 , F.A .C . , Water Wells D . Rules of the Florida Department of Environmental Protection Chapters 62-3 , 624, 62- 531 , 62-5325 62-550, and 62-555 . E. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 1 .04 QUALITY ASSURANCE A. The materials covered by this Section are intended to be standard materials manufactured #' by reputable concerns having long experience in the manufacture of such materials. The materials furnished shall be designed, constructed and installed in accordance with the best practices and methods. This Section calls attention to certain features, but does not purport to cover all details entering into the construction and installation of all the materials or of the work involved. 1 .05 PROJECT/SITE REQUIREMENTS A• Local Geologic Conditions Highly permeable limestone units are known to exist beneath the project site and loss of circulation zones may be encountered. Aquifer units containing brackish water under artesian pressure are present at depths above and below the intended production zone. The above information regarding subsurface conditions is intended to assist the CONTRACTOR in preparing his bid. The OWNER or ENGINEER does not guarantee its accuracy or that it is necessarily indicative of conditions to be encountered in drilling the wells. No additional compensation will be awarded to the successful bidder for drilling mud, loss of circulation materials, or additives that may be required to maintain circulation or well control. Be Site Conditions The CONTRACTOR shall view the well site before submitting a final bid. It should be noted that clearing of the well site may be required. Costs for clearing temporary access should be included with mobilization fees. The CONTRACTOR shall be responsible for protecting private property immediately adjacent to the well site. Upon completion of the work, the CONTRACTOR shall remove from the site all cuttings, debris, drilling fluid, and unused materials and shall restore the site as nearly as possible to its original condition. 1 .06 CONTRACTOR EQUIPMENT AND PERSONNEL A• The CONTRACTOR shall furnish capable personnel and equipment to construct the well by rotary drilling with mud and reverse air drilling as outlined in Paragraph 3 of this Section. The ENGINEER reserves the right to inspect the equipment of bidding contractors to assure qualification. 6706-38392\8/20/03 02677-2 VRB B . The CONTRACTOR shall employ such superintendents, foreman, and workmen as are experienced, careful, competent and capable of constructing the well by rotary drilling with mud and reverse-air circulation as outlined in Part 3 . Whenever the ENGINEER determines that any person employed by the CONTRACTOR is, in his or her opinion, incompetent, unfaithful, disorderly or insubordinate, such person shall, upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the ENGINEER. C . Should the CONTRACTOR fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the work, the OWNER may withhold all estimates, which are, or may become due, or may suspend the work until such orders are complied with . D . The equipment used on any portion of the work (including but not limited to drill rigs, tools, hoists, mud pits and pumps) shall be modern, safe, in good condition, and adequate in size to properly perform the work. Indian River County reserves the right to inspect the equipment of bidding contractors to assure qualification. PART 2 PRODUCTS 1 2 . 01 DRILLING FLUID ' A . No drilling fluid other than clear water will be used in the open hole section of the production well below the final production casing. Drilling fluids used during drilling of the pilot hole and the reaming of the cased portion of the hole shall be approved for use in construction of municipal public supply wells. The use of desanders and shale shakers to remove suspended solids from the drilling mud is recommended. B . Material used by the CONTRACTOR to prepare the drilling fluid shall consist of fresh, potable water and bentonite type drilling clay commercially processed to meet or surpass the viscosity specifications in the API Standard 13 -A "Drilling Fluid Materials. " The water shall be chlorinated to produce a residua: chlorine concentration of approximately 50 ppm or to the satisfaction of the ENGINEER. All other drilling fluid additives used will comply with recognized industry standards and practices, and shall be applied and used as prescribed by the manufacturer. Toxic substances shall not be added to the drilling fluid. C . The drilling fluid properties required will depend on: ( 1 ) the type and size of drilling equipment to be used, and (2) down hole conditions anticipated or encountered. Properties of the drilling fluid are to be measured by the CONTRACTOR in accordance with the procedures of the API RP 13B "Procedures for Testing Drilling Fluids. " Samples tested are those caught at the rig pump suction with care taken to assure a true and representative sample. Tests should be conducted at the discretion of the ENGINEER whenever conditions appear to have changed or problems arise. The mud shall be tested for: 1 . Mud density, which should be in the range of 8 . 5-9 . 0 pounds per gallon. 2 . Mud viscosity, which should be kept as thin as practical and still retain formation stability and adequate hole cleaning (will depend on ascending velocity in annulus and is usually in the range of 30 to 40 seconds per quart for properly sized drilling equipment and in normal drilling situations). 6706-38392\8/20/03 02677-3 VRB 3 . Sand content, which should not exceed 2 percent by volume. D . The CONTRACTOR shall maintain the necessary test equipment and personnel skilled in its use at the site. The CONTRACTOR shall maintain current records on the site at all times to show the time, depth, and results of all mud tests and all materials added to the system. The CONTRACTOR shall under no circumstances allow drilling mud to enter the open hole interval of the raw water well . The CONTRACTOR is responsible for the removal of the drilling mud from the hole and the development of the well, as per related specifications on well development. 2.02 WELL CASING A. All casings shall be new, approved for use in municipal public supply wells and shall be according to specifications as outlined in Paragraph 3 .01 of this Section. Centralizers shall be installed on the casings at approximately 40-foot intervals and shall be placed at equal distances around the casing circumference. The Contract Documents indicate an estimate of the amount of casing for the well; however, actual field conditions shall dictate the exact amount of casing as determined by the OWNER or ENGINEER. 2 .03 ANNULAR GROUT A. The deep permanent final well casing grout for the initial grouting stage of the production well shall be API Class B neat Portland sulfate resistant cement mixed with no more than 5 .2 gallons of water per sack of cement. Additional grout for the final production well casing and surface casing grout shall be API Class B Portland cement mixed with 6% bentonite and no more than 9 gallons of water per sack of cement. Only clean fresh water shall be used for grout mix. B . Organic polymers, peanut shells, and cottonseed hulls may not be used as lost circulation materials . Lost-circulation material such as Flocele and gilsonite may be used as needed. All cement mixtures shall be approved by the ENGINEER in advance of placement. Mixed cement shall include cement and all additives and lost circulation material approved by the ENGINEER. PART 3 - EXECUTION 3 .01 WELL CONSTRUCTION SEQUENCE A. The CONTRACTOR shall mobilize and install 24-inch diameter steel surface casing to a depth of approximately 50 feet below land surface or to a depth approved by the ENGINEER by the rotary mud method or other method to the satisfaction of the ENGINEER B . The CONTRACTOR shall drill a nominal 8 -inch diameter pilot/test hole to a depth of approximately 400 feet or to a depth approved by the ENGINEER using the rotary mud method . Drilling speed and string weight shall be controlled to assure a hole that is straight and plumb. The drill bit, drill pipe, and any tools or equipment that may come in contact with the borehole or drilling fluid shall be thoroughly cleaned and disinfected, to the satisfaction of the ENGINEER, prior to commencing the drilling operation. Prepare 6706-38392\8/20/03 02677-4 VRB i the hole for geophysical logging by circulation of the drilling fluid until it is uniform and free of drill cuttings . C . Perform short normal, long normal, and single point resistivity; spontaneous potential; natural gamma ray; and caliper geophysical logs on the pilot hole. Appropriate scales should be utilized to generate logs with adequate resolution for interpretation. Logging scales should be approved by the ENGINEER in the field. Three copies of the geophysical logs run on the pilot hole should be furnished to the ENGINEER. D . CONTRACTOR shall ream the pilot hole to a nominal 22-inch diameter using the rotary mud method to a depth of approximately 385 feet. A staged drill bit of appropriate dimensions shall be used, and drilling speed and string weight shall be controlled to assure a hole that is straight and plumb . The borehole shall be prepared for casing installation by continuous fluid circulation until drill cuttings have been completely removed and the drilling fluid is uniform or to the satisfaction of the ENGINEER. E. The CONTRACTOR shall install approximately 385 feet of 16-inch diameter, SDR- 17 PVC casing (Certs-lok or equivalent) with centering guides as specified. The casing shall be of sufficient collapse resistance and tensile strength to withstand down-hole stress during construction and development of the well . All casing joints and connections shall be in accordance with manufacturer recommendations. F . The CONTRACTOR shall pressure grout through the casing the annular space between the casing and borehole with neat cement as specified in Paragraph 2 .03 . Grouting should be accomplished in a minimum of three stages. The first stage should be pumped though the casing using a tremie pipe set within 10 feet of the casing bottom (also known as pressure grouting) . The first stage annulus grout should be raised to a depth of approximately 250 feet below land surface. The second stage should be pumped using the annulus tremie method from approximately 250 feet below land surface to 125 feet below land surface. The final stage should bring the grout to land surface . The previous stage of grout should be allowed to set for at least 12 hours and its height "tagged" before proceeding with the next stage. If any shrinkage occurs in the final stage grout, cement shall be added by the tremie method to bring the grout level to land surface. Calculations and procedures for grouting shall be approved by the ENGINEER prior to grouting. Maintenance of grouting pressures below the collapse strength of the casing with ' consideration given to the grout heat of hydration, shall be the responsibility of the CONTRACTOR. Allow annular grout to cure for 12 hours or to the satisfaction of the ENGINEER before continuance of drilling operations. G. The CONTRACTOR shall drill a nominal 16-inch diameter borehole to a depth of approximately 700 feet below land surface using the reverse air method. Continue reverse air pumping at the end of each section of drill pipe until the discharged water is clear or to the satisfaction of the ENGINEER. During reverse air drilling, discharged water shall be transferred to a specified disposal area after cuttings and sediment have been allowed to settle out. Baffles, flow ways, sediment traps and filters, or other devices shall be used to minimize sediment entering the disposal area. No drilling mud will be allowed in the open-hole section of the well. Until the formation produces enough water to allow reverse air drilling, the borehole may be drilled with clean, chlorinated potable water as the drilling fluid. 6706-38392\8/20/03 02677-5 VRB H. The CONTRACTOR shall develop the well . This shall include reverse air pumping within the open hole until the discharge is clear and free from sediment and straight air development from inside the casing to the satisfaction of the ENGINEER. The well shall be surged on a regular basis during development. I. Perform short normal and long normal electric, natural gamma ray, caliper, temperature, and flow velocity geophysical logs on the completed production well. Appropriate scales should be utilized to generate logs with adequate resolution for interpretation. Logging scales should be approved by the ENGINEER in the field. Three copies of the geophysical logs run on the completed well should be furnished to the ENGINEER. J. The CONTRACTOR shall install a temporary test pump and conduct a five-stage, step- drawdown test. The CONTRACTOR shall provide a suitable generator or other power source as approved by the ENGINEER to provide temporary power to the pump for testing. The test pump shall be capable of producing from 500 to 2000 gpm with a pumping water level of 100 feet below land surface. The well shall be sealed at the pump head with an opening into the well fitted with a removable 3/4-inch thread hose valve to allow pressure head measurements when the water level is above the wellhead and the entry of a water level probe when water levels are below the wellhead. Water samples shall be obtained during the final step of the pump test and sent to a state certified laboratory for analysis of the current state primary and secondary drinking water standards. The step drawdown test shall be witnessed and certified by the ENGINEER. The CONTRACTOR shall provide 48 hour notice to the OWNER prior to conducting the test. K. The CONTRACTOR shall clean and disinfect the well as outlined in Paragraph 3 .08 of this Section and seal the well with a temporary blind flange. L. The CONTRACTOR shall install the permanent pump and complete the wellhead as per Section 11214 . M. The CONTRACTOR shall restore the site. The well shall be left clean; free of oils, grease, or other substances used during well construction and testing. 3 .02 FORMATION AND WATER SAMPLES A. The ENGINEER will collect formation and water samples during drilling. Formation samples will be collected every ten feet or change of formation. Clear water samples will be collected during reverse air drilling from the discharge point at the end of every drill rod. The CONTRACTOR shall allow ample time, as directed by the ENGINEER, to conduct sampling procedures. 3 .03 WELL PLUMBNESS AND ALIGNMENT A. The completed well shall be sufficiently plumb and straight so that there will be no interference with installation, alignment, operation or future removal of the permanent well pump. Should the ENGINEER request, the alignment shall be tested by lowering into the well to a depth of at least 100 feet, a section of pipe 40 feet long, or a dummy of the specified pump length. The outer diameter of the test pipe or dummy shall not be more 6706-38392\8/20/03 02677-6 VRB than 0 . 5-inch smaller than the inside diameter of that part of the casing or hole being tested. The lowered unit shall pass freely the entire tested depth. All requirements of AWWA 100-97 regarding plumbness and alignment must be met. If requested; well plumbness shall be determined using a TOTCO type Wireline inclination survey tool, or other method approved by the ENGINEER. The CONTRACTOR shall perform the well plumbness and alignment test at no cost to the OWNER. B . If the well fails the well plumbness and alignment test the well shall be repaired as directed by the ENGINEER. If, in the opinion of the ENGINEER, the well cannot be repaired the well shall be plugged as per current State of Florida requirements and a new well constructed all at the CONTRACTOR' S expense. 3 .04 BOREHOLE PREPARATION AND GEOPHYSICAL LOGGING EQUIPMENT A. When the pilot hole has been drilled to a depth determined by the ENGINEER, it must be prepared for geophysical logging. Borehole preparation shall include, but not be limited to : 1 ) continuation of circulation until drill cuttings have been removed from the borehole; and 2) circulation of the drilling mud in the borehole until it is uniform. The CONTRACTOR must make all reasonable efforts to leave the borehole free from obstructions in preparation for geophysical logging. The log(s) must be made immediately following the completion of borehole preparation unless otherwise stated in the contract or as stipulated by the ENGINEER. Standby time will not be granted while geophysical logging is being conducted. The borehole geophysical equipment and operator utilized must be approved by the ENGINEER. ' 3 . 05 WELL TOP TERMINATION A. At all times during the progress of the work and at completion, the CONTRACTOR shall use reasonable precautions to prevent either tampering with the well or the entrance of foreign material into it. At the end of each workday, the well shall be sealed. Upon completion of the work, the well and wellhead shall be completed as shown on the Drawings . 3 . 06 WELL DEVELOPMENT A . The CONTRACTOR shall develop the well until, to the satisfaction of the ENGINEER, the discharge water is clear and free of sediment. The CONTRACTOR shall place the drill stem in the open-hole section and vary this height during reverse air pumping to enhance development of the entire open-hole section. The CONTRACTOR will frequently and regularly surge the well. Straight air development from within the casing will also be required. A minimum compressor capacity of 250 standard cubic feet per minute at a pressure of 100 psi will be required. The air line should be placed no deeper than 100 feet below land surface in the well during straight air development. Discharged water shall be conducted away from the well being developed to a suitable disposal area, as approved by the ENGINEER. 6706-38392\8/20/03 02677-7 VRB 3 . 07 PUMPING TESTS A . The CONTRACTOR shall furnish, install and remove the necessary instruments and pumping equipment capable of pumping up to 2000 gpm, with a throttling device so that discharge may be reduced to 500 gpm, from a depth of up to 100 feet below land surface. The test pump and any other tools or equipment that may come in contact with the well shall be thoroughly cleaned and disinfected to the satisfaction of the ENGINEER prior to conducting the pump test. The CONTRACTOR shall furnish a gate valve, orifice plate and manometer to control and measure discharge. Calibrated, alternative flow measurement devices may be used with the approval of the ENGINEER. B . The step-drawdown test shall consist of 5 one-hour steps to be run at rates to be determined by the ENGINEER. Water samples shall be obtained from the well near the end of the final step and sent to a state certified laboratory for analysis of current state primary and secondary drinking water standards (complete analysis) . C. Discharged water shall be conducted from the pumped well to a suitable disposal area, as approved by the ENGINEER. D. The CONTRACTOR shall furnish the necessary equipment to perform the tests and measure water levels in the production well and ensure easy access to the water surface to be measured. The CONTRACTOR shall leave the test pump in the well after the discharge is stopped for a minimum of four hours. Standby time will not be granted while the test pump remains in the well . 3 .08 WELL DISINFECTION A . The CONTRACTOR shall disinfect the well as soon as construction of the well, pump testing, and cleaning procedures have been completed. The CONTRACTOR shall carry out adequate cleaning procedures immediately preceding disinfection where evidence indicates that normal well construction and development work have not adequately cleaned the well . All oil, grease, soil, and other materials, which could protect bacteria from disinfectants shall be removed from the well . The cleaning operation is to be carried out by pumping and swabbing only. Where test pumping equipment is to be used, such equipment shall be installed prior to or during disinfection and shall be thoroughly hosed, scrubbed, or otherwise cleaned of foreign material . B . Chlorine (sodium hypochlorite) approved by state or local regulatory agencies shall be used as the disinfectant. The disinfectant shall be delivered to the site of the work in original, closed containers bearing the original label indicating the percentage of available Chlorine. During storage, disinfectants shall not be exposed to the atmosphere or to direct sunlight. Unless superseded by governmental regulation, the quantity of chlorine compounds used for disinfection shall be sufficient to produce a minimum of 100 ppm and not more than 200 ppm residual chlorine in solution when mixed with the total volume of water in the well . C . Disinfection procedures shall ensure that the disinfecting agent is uniformly applied throughout the entire water depth of the well, without relying on subsequent mechanical or surging action for dispersing the disinfectant. For this purpose, the disinfecting agent shall 6706-38392\8/20/03 02677-8 VRB be furnished or prepared in liquid form and placed in the well through a hose or tremie of sufficient length to extend to the bottom of the well . The disinfecting agent shall be applied through the hose, which is to be raised and lowered, to achieve uniform distribution of the solution throughout the well. Alternative chlorination procedures may be utilized with the approval of the ENGINEER. The disinfecting agent shall be left in the well for a period of at least 24 hours . After a 24-hour or longer contact period, the well is to be pumped to clear it of the disinfecting agent. Discharged water from the well shall be directed to an approved, suitable disposal area. 1 D. The permanent production pump should be installed after the well disinfection contact period, and should be used to pump off any remaining chlorine. Prior to installation of the permanent pump and riser pipe, the equipment shall be thoroughly cleaned with a chlorine solution. The well and pump shall be disinfected with chlorine per AWWA Standards for Deep Wells, AWWA A100-97 . The permanent production pump shall not be exposed to chlorine contact periods exceeding 24 hours. E. Following disinfection, a bacterial survey shall be conducted according to Chapter 555 .315 F .A.C . Samples of raw water from the well shall be submitted to a certified laboratory for bacterial analysis. It is the responsibility of the CONTRACTOR to collect the sample at the wellhead and to coordinate with the testing lab to affect the successful clearance of the well. The CONTRACTOR is to notify the ENGINEER at least three days in advance of the initiation of the bacteriological survey. In the event that the samples analyzed exceed allowable standards at the wellhead sampling point, the CONTRACTOR may elect to either 1 ) continue sampling until the required number of samples meet the disinfection standards, or 2) discontinue testing, re-disinfect the well, and start the procedure over. The latter method is advisable where coliform densities exceed the standard on a regular basis. If the well does not pass bacterial clearance, the entire procedure starting in Step B shall be repeated. Upon successful completion of the bacteriological survey, the CONTRACTOR shall provide the ENGINEER with all sampling records, including sampling time, date, and collector name, lab analyses results, and copies of all correspondence generated as a result of the bacteriological survey. 3 .09 DRILLERS LOG A. The CONTRACTOR shall keep and maintain a log indicating the general lithology, hardness and bit penetration time of the material through which he has drilled. A written report of the log and all other drilling activities shall be submitted to the ENGINEER daily. 3 . 10 CERTIFICATION OF CHEMICALS A. All chemicals used during the project construction or furnished for the project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all chemicals and disposal of residues shall ' be in strict conformance to instructions from the ENGINEER. 6706-38392\8/20/03 02677-9 VRB 3 . 11 PLUG AND ABANDON EXISTING PRODUCTION WELL #3 (FLORIDAN AQUIFER) A . Mobilization and install a minimum 1 -inch diameter tremie pipe to a depth of at least 690 feet below land surface in the existing production well at the Indian River County South RO plant site. Pump a Portland cement grout mixture with 6 percent bentonite and no more than 9 gallons of water per sack of cement or other mixture as approved b the ENGINEER. Grouting should be accomplished so that the well is filled from the bottom to top with a continuous cement mixture. Alternatively, the open hole section of the well may be filled with sand or gravel with the approval of the ENGINEER. If any shrinkage occurs in the final stage grout, cement shall be added by the tremie pipe method to bring the grout level to land surface. The well casing shall be cut flush with land surface. 3 . 12 SITE RESTORATION A. The site shall be restored to its original contours. All drilling fluids will be removed from the site and disposed of at an approved location unless a special exception or permit is obtained from the County by the CONTRACTOR. The CONTRACTOR shall furnish to the ENGINEER, prior to beginning construction, the name and location of his disposal site along with documentation that the site has been approved by the appropriate regulatory agencies. 3 . 13 WELL ABANDONMENT A . In the event that the Contractor shall fail to drill the well to the depth specified or to such lesser depth as requested by the ENGINEER, or fail to set or grout the casing to standards of AWWA, or these specifications, or must abandon the well because of loss of tools of for any other cause, he shall, if requested by the ENGINEER, plug and abandon the well in accordance with all applicable federal, state, and local regulations. The CONTRACTOR will abandon the well, if required, at no cost to the OWNER. 3 . 14 WORKING HOURS A. The CONTRACTOR shall perform work on the site only within the designated official working hours as established by the County, 7 AM to 7 PM, Monday through Friday, unless a special exception or permit is obtained from the County by the CONTRACTOR and the time is approved by the ENGINEER. 3 . 15 ENGINEER'S REPORT A. The ENGINEER will prepare a daily report reflecting the pay items completed by the CONTRACTOR during the day. Each report will be signed by the ENGINEER and an authorized individual from the CONTRACTOR 3 . 16 TIME OF COMPLETION A. The CONTRACTOR shall substantially complete all well construction work required in these specifications within 90 calendar days after the notice to proceed . 6706-38392\8/20/03 02677- 10 VRB 3 . 17 EXTRA WORK A. There are three categories of extra work: 1 ) drilling equipment and drilling crew performing additional tasks as required by the OWNER or ENGINEER; 2) pump hoist and crew performing additional tasks as required by the OWNER or ENGINEER; 3 ) crew performing extra work as required by the OWNER or ENGINEER. All extra work must be approved in writing by the OWNER or ENGINEER at the end of each workday. No payment for extra work will be allowed unless written approval is granted. 3 . 18 STANDBY TME A. There are two categories of standby time: 1 ) standby with the rig and drilling crew on-site, not operating the rig; and 2) standby time with the rig on-site and the crew off-site. All standby time must be approved in writing by the OWNER or the ENGINEER at the end of each workday. No payment for extra work will be allowed unless written approval is granted. 3 . 19 PROTECTION OF PROPERTY A. The CONTRACTOR shall take special precautions to reduce to a minimum the nuisances and damage to property, which could result from working near a residential area and adjacent to a road. Any damage to public or private property shall be immediately repaired or paid for by the CONTRACTOR at no expense to the County. Equipment, tools, and materials shall be located in places where they will produce a minimum of nuisance. The appropriate warning signs shall be posted on the streets and the County police shall be informed of the location of the construction site. Upon completion of his work, the CONTRACTOR shall remove all drilling fluids from any mud pits, fill the pits with clean fill material and grade the site. The CONTRACTOR shall have up to two weeks to perform the cleanup work to the satisfaction of the ENGINEER and OWNER. Failure to comply with these requirements shall give the authority of other contractors or workmen directed by the ENGINEER to enter upon the site and complete the cleanup, grading, etc. The cost of this work shall be deducted from money due or become due the CONTRACTOR for construction of the wells. B . The CONTRACTOR shall be responsible for securing information concerning the location of underground and overhead utilities at the site prior to the start of drilling activities. Damage to underground or overhead utilities resulting from actions of the CONTRACTOR are the sole responsibility of the CONTRACTOR. 3 .20 GUARANTEE A. The CONTRACTOR shall guarantee that all materials, equipment, structures and work performed are free from defects in workmanship, design or materials for a period of one year after installation and acceptance. If any part of the work shall fail within this period, it shall be replaced and the unit restored to operation at no cost to the OWNER. 3 .21 WELLHEAD INSPECTION A. The manufacturer of thei e fittings,p p , and valves shall furnish to the ENGINEER sworn statements in triplicate that all required tests have been made and met as specified . 6706-38392\8/20/03 02677- 11 VRB B . All pipe and accessories shall be jointed and tested under pressure for defects and leakage in the manner specified and in the presence of the ENGINEER. C. All material found during the progress of the work to have defects will be rejected by the ENGINEER. All defective materials shall be promptly removed from the site. N D. Field Tests: 1 . Megger Test: Perform Megger test on motor prior to installation. 2 . Functional Test: Prior to startup, all equipment described herein and in the Detail Specifications following shall be inspected for proper alignment, quiet operation, proper connection, and satisfactory performance by means of a functional test. 3 . Vibration Test: The complete pump and motor assembly, connected and in normal operation, shall not develop amplitudes of vibration exceeding limits recommended by the manufacturer. 4 . Performance Test: Prior to acceptance of the installed pump, demonstrate proper operation of the pump at the guarantee point, at which time data shall be recorded on the total head, capacity, and horsepower requirements of the pump. Test driving motor voltage and amperage measured for each phase and three-phase kilowatts. Furnish all instruments and labor as required for this procedure. A unit failing the performance test shall be realigned and retested. 3 .22 RESPONSIBILITY FOR MATERIAL A. The CONTRACTOR shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling. B . The CONTRACTOR shall be responsible for the safe storage of material . The interior of all pipes, fittings and other accessories shall be kept free from dirt and foreign matter at all times . Valves shall be stored in a manner that will protect them from damage. 3 .23 HANDLING OF MATERIAL A. All materials shall be delivered and distributed at the site by the CONTRACTOR. All pipe, fittings, valves, and accessories shall be loaded and unloaded so as the avoid shock F: or damage. Pipe handled on skid ways shall not be skidded or rolled against pipe already on the ground. END OF SECTION 6706-38392\8/20/03 02677- 12 VRB SECTION 02830 CHAIN LINK FENCE PART1 GENERAL 1 . 01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals necessary and install the chain link fence, gates around new production Well No. 3 , as specified herein . Any necessary repairs to existing fencing on the site during the course of the project shall be made in accordance with the following specification. 1 . 02 RELATED WORK A. Earth excavation and backfill is included in Section 02200. 1 . 03 SUBMITTALS A. Submit, in accordance with Section 0 13 00, shop drawings showing layout and details of construction and erection of fence and accessories required. 1 .04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 1 . ASTM A53 - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless. 2 , ASTM A121 - Standard Specification for Zinc-Coated (Galvanized) Steel Barbed Wire. 3 . ASTM A123 - Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products. 4 , ASTM A153 - Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware, 5 . ASTM A392 - Standard Specification for Zinc-Coated Steel Chain-Link Fence Fabric. 6 . ASTM A641 - Standard Specification for Zinc-Coated (Galvanized) Carbon Steel Wire. 7 , ASTM F668 - Standard Specification for Poly (Vinyl Chloride) (PVC) - Coated Steel Chain Link Fence Fabric. B . Federal Specification 1 , Federal Specification RR-F- 191 / 1D - Fencing, Wire and Post, Metal (Chain-Link Fence Fabric). 2 , Federal Specification RR-F- 191 /2D - Fencing, Wire and Post, Metal (Chain-Link Fence Gates) . 3 , Federal Specification RR-F- 191 /3D - Fencing, Wire and Post, Metal (Chain-Link Fence Posts, Top Rails and Braces). 6706-38392\8/20/03 02830- 1 VRB 4 . Federal Specification RR-F- 191 /41) - Fencing, Wire and Post, Metal (Chain-Link Fence Accessories). 5 . Federal Specification RR-F- 19 1 K/GEN - Fencing, Wire and Post Me Gates,Gates, Chain-Link Fence Fabric and Accessories). Co Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. PART 2 PRODUCTS 2 .01 MATERIALS A. General 1 . The chain link fencing and accessories shall conform to Federal Specification RR-F- 19 1 K/GEN and its associated detail specifications noted below. B . Fabric 1 . The chain link fabric shall conform to Federal Specification RR-F- 191 / 1D. The chain link fabric shall be Type L The fabric shall be 9 gauge core wire, woven in a 1 -3 /4-in mesh and be hot dipped galvanized after weaving, and be in accordance with ASTM A392 . The height of fabric shall be 72-in. Top and bottom selvages shall have a twisted barbed finish, barbs to be formed by cutting wire on a bias . Fabric shall be fastened to intermediate posts with No. 6 aluminum fabric wire spaced approximately 15 -in apart and to top rail with 9 gauge wires spaced approximately 18-in apart. The fabric shall be securely fastened to all terminal and gate posts with 1 /4-in by 3/4-in stretcher bars with No. 11 gauge pressed steel bands spaced approximately 12-in apart. All bands, wires and tension bars shall conform to Federal Specification RR-F- 191 /4D , C. Posts, Rails and Braces 1 . Posts, rails and braces shall conform to Federal Specification RR-F- 191 /3D and be fabricated of Class I (round steel sections), Grade A (hot-dipped galvanized), seamless steel pipe, in accordance with ASTM A53 (Schedule 40), and be of the following sizes : a. Corner and Terminal Posts: SP3 (2 .375-in OD) b. Line Posts: SP2 ( 1 .9-in OD) ✓ C, Gate Posts: SP4 (2 . 875-in. OD) d. Rails and Braces : SP1 ( 1 . 66-in o.d.) e. Spacing of posts shall not exceed 10-ft. D. Gate 1 . Gate and hardware shall conform to Federal Specification RR-F- 191 /21) . Gate shall be constructed of Class I, Grade A seamless steel pipe, size SP1 , plus additional intermediate members when required and meeting the requirements of RR-F- 191 /3D. Gate frame shall be of welded construction or shall be assembled using fittings. When fittings are used as the construction method for gate frame, the frame shall be fitted with 3 /8-in minimum diameter adjustable length truss rods, meeting the requirements of Federal Specification RR-F- 191 /4D. Gate fabric shall be of the type, mesh, gauge, color and salvage as that specified above for 6706-38392\8/20/03 02830-2 VRg fabric. Install fabric with stretcher bars at vertical edges and tie wires at top and bottom edges. 2 . Gate Hardware a. Hinges, latches, stops and keepers shall be hot-dipped galvanized in accordance with ASTM A153 . b . Hinges shall be pressed steel or malleable iron, sized to suit gate, non-lift-off type and offset to permit 180 degree gate opening. Provide one pair of hinges for each leaf (up to 12-ft high). C, Latch shall be forked type to permit operation from either side of gate. Provide padlock eye as integral part of latch. d. Keeper shall automatically engage the gate leaf and hold it in the open position until manually released. e. Stop, consisting of drop rod, shall be provided to hold the inactive leaf. Steel sleeves shall be provided to engage the drop rod. Provide locking device and padlock eyes as an integral part of latch, requiring one padlock for locking both gate leaves . E. Accessories 1 . Accessories shall conform to Federal Specification RR-17- 191 /413, shall be hot-dipped galvanized in accordance with ASTM A123 or A153 . In addition to � . wire ties and clips, brace bands, tension bands and bars, tension wire and truss rods (all of which are described herein), accessories shall include the following: a. Caps for all exposed ends of posts. b. Top rail and brace ends or other suitable means of connection . C, Top rail sleeves to allow for expansion and contraction of the top rail. d. Bottom tension wire shall be 7 gauge galvanized steel wire. Fabric shall be attached to tension wire with 11 gauge galvanized steel hog rings spaced no more than 24-in on center. Barbed wire, conforming to ASTM A121 , shall consist of two 12- 1 /2 gauge twisted line wires with 14 gauge round aluminum wire barbs, having 4 points and spaced [5]-in on center. Barbed wire support arms shall be single arm, for three strands of barbed wire and be at an angle of 45 degrees, with the top strand of barbed wire being 12-in above and 12-in out from the fence line. PART 3 EXECUTION 3 .01 INSTALLATION A. Set all posts to depth of 3 -ft unless otherwise shown on the Drawings. After setting and plumbing posts, fill holes with 2, 500 psi concrete as specified in Section 03301 . Crown top surface of concrete to shed water. Brace all terminal posts horizontally with sections used for top rail. The top rail shall extend through all line posts to form a continuous brace from end to end of each stretch of fence, be securely fastened at the end of each run and have joints made with expansion sleeve couplings not less than 6-in long. END OF SECTION 6706-38392\8/20/03 02830-3 VRB FF: t . (This Page Intentionally Left Blank) 6706-38392\8/20/03 02830-4 VRB 1 1 1 1 i 1 1 1 1 DIVISION 3 � CONCRETE SECTION 03301 CONCRETE AND REINFORCING STEEL PART1 GENERAL 1 .01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required and install all concrete work complete as shown on the Drawings and as specified herein. 1 .02 RELATED WORK A . Grout is included in Section 03600 . 1 .03 SUBMITTALS A. Submit to the ENGINEER, in accordance with Section 0 13 00, shop drawings and product data. Submittals shall include at least the following: 1 . Concrete mix for each formulation of concrete proposed for use including constituent quantities per cubic yard, water cementitious ratio, type and manufacturer of cement. 2 . Placing drawings and bar bending details in conformity with the recommendations of ACI 315 . 3 . Technical data on all materials and components. 4 . Material Safety Data Sheets (MSDS) for all concrete admixtures and curing agents. B . Test Reports 1 . Sieve analysis of fine and coarse aggregates. 2 . Concrete mix for each formulation of concrete proposed for use including constituent quantities per cubic yard, water cementitious ratio, type and manufacturer of cement, and either a. or b . below. a. Standard deviation data for each proposed concrete mix based on statistical records. b. Water cementitious ratio curve for each proposed concrete mix based on laboratory tests. Give average cylinder strength test results at 28 days for laboratory concrete mix designs. Provide results of 7 and 14 day tests if available. C . Certifications 1 . Certify admixtures used in the same concrete mix are compatible with each other and the aggregates . 2 . Certify admixtures are made for use in concrete in contact with potable water after 30 days of concrete curing. 3 . Certify that the Contractor is not associated with the independent testing laboratory proposed for use by the Contractor nor does the Contractor or officers of the Contractor's organization have a beneficial interest in the laboratory. 6706-37319\8/20/03 03301 - 1 VRB 1 .04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 1 . ASTM A82 - Standard Specification for Steel Wire, Plain, for Concrete Reinforcement. 2 , ASTM A185 - Standard Specification for Steel Welded Wire Fabric, Plain for Concrete Reinforcement, 3 , ASTM A615 - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. 4, ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field. 5 , ASTM C33 - Standard Specification for Concrete Aggregates, 6 , ASTM C94 - Standard Specification for Ready-Mixed Concrete, 7 , ASTM C 150 - Standard Specification for Portland Cement 8 , ASTM C 173 - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method, 9 , ASTM C231 - Standard Test Method for Air Content of Freshly Mixed Concrete - by the Pressure Method. 10 , ASTM C260 - Standard Specification for Air-Entraining Admixtures for Concrete. 11 . ASTM C494 - Standard Specification for Chemical Admixtures for Concrete. B . American Concrete Institute (ACI). 1 . ACI 211 . 1 - Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concrete. 2 , ACI 301 - Standard Specification for Structural Concrete. 3 , ACI 305R - Hot Weather Concreting. 4 , ACI 306R - Cold Weather Concreting, 5 , ACI 315 - Details and Detailing of Concrete Reinforcement, 6 . ACI 318 - Building Code Requirements for Structural Concrete, 7. ACI 35OR - Environmental Engineering Concrete Structures . C . Concrete Reinforcing Steel Institute (CRSI) 1 . MSP - Manual of Standard Practice D. Where reference is made to one of the above standards, the revision in effect at the time of - bid opening shall apply. 1 .05 QUALITY ASSURANCE A. If, during the progress of the work, it is impossible to secure concrete of the required workability and strength with the materials being furnished, the ENGINEER may order such changes in proportions or materials, or both, as may be necessary to secure the desired properties . All changes so ordered shall be made at the CONTRACTOR'S expense. B . Reinforced concrete shall comply with ACI 318 and the recommendations of ACI 350R. C . All testing and inspection services required, unless otherwise specified, shall be provided and paid for by the CONTRACTOR. Testing necessary to establish the concrete mixes 6706-37319\8/20/03 03301 -2 VRB shall be performed by and at the expense of the CONTRACTOR. Methods of testing shall comply with the latest applicable ASTM standards . 1 .06 DELIVERY, STORAGE AND HANDLING A. Reinforcing steel shall be shipped and stored with bars of the same size and shape fastened bundles with durable tags, marked in a legible manner with waterproof markings showing the same designations as shown on the submitted placing drawings. Reinforcing steel shall be free from mill scale, loose rust, dirt, grease, or other foreign matter. Store off the ground and protect from moisture, dirt, oil, or other injurious contaminants. B . Products shall be stored in conformity with the manufacturer's recommendations . C . Sand, aggregates, and cement shall be stored or stockpiled in conformity with the recommendations of ACI 301 , PART 2 PRODUCTS 2 . 01 GENERAL A. The use of manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired. B . Like items of materials shall be the end products of one manufacturer in order to provide standardization for appearance, maintenance and manufacturer's service. C . Materials shall comply with this Section and any applicable State or local requirements. 2 . 02 MATERIALS A. Cement shall be domestic Portland cement conforming to ASTM C 150 . The allowable types of cement for each concrete class are shown in Table 1 . Air entraining cements shall not be used. B . Fine aggregate shall be washed inert natural sand conforming to the requirements of ASTM C33 . Co Coarse aggregate shall be a well-graded crushed stone or washed gravel conforming to the requirements of ASTM C33 , size 57. Limits of Deleterious Substances and Physical Property Requirements shall be as recommended for severe weathering regions. D . Water shall be potable, clean and free from injurious amounts of oils, acids, alkalis, organic matter, or other deleterious substances . E. Concrete admixtures shall be free of chlorides and alkalis (except for those attributable to water). When it is required to use more than one admixture in a concrete mix, the admixtures shall be from the same manufacturer. Admixtures shall be compatible with the concrete mix including other admixtures. 1 . Air entraining admixture shall comply with ASTM C260 . Proportioning and mixing shall be in accordance with manufacturer's recommendations. 6706-37319\8/20103 03301 -3 VRB 2 . Water reducing admixture shall comply with ASTM C494, Type A . Proportioning and mixing shall be in accordance with manufacturer's recommendations . 3 . Admixtures causing retarded or accelerated setting of concrete shall not be used without written approval from the ENGINEER. When allowed, the admixtures shall be retarding or accelerating water reducing admixtures. F. Reinforcing steel bars shall be deformed, intermediate grade, steel conforming to ASTM A615 Grade 60 . G. Welded steel wire fabric shall conform to ASTM A185 . H. Tie wires for reinforcing steel shall be 16 gauge or heavier, black annealed wire. I. Pre-cast concrete block bar supports shall conform to CRSI - Manual of Standard Practice (MSP) for Precast Concrete Bar Supports. 2.03 MIXES A. Select proportions of ingredients to meet the design strength and materials limits specified in Table 1 and to produce concrete having proper placability, durability, strength, appearance and other required properties. Proportion ingredients to produce a homogenous mixture, which will readily work into corners and angles of forms and around reinforcement without permitting materials to segregate or allowing excessive free water to collect on the surface. Be The design of each mix shall be based on standard deviation data of prior mixes with essentially the same proportions of the same constituents or, if not available, be developed by independent testing laboratory acceptable to the ENGINEER engaged by and at the expense of the CONTRACTOR. Acceptance of mixes based on standard deviation shall be based on the modification factors for standard deviation tests contained in ACI 318 . Acceptance of mixes based on laboratory tests shall be based on strengths greater than the specified design strengths specified in Table 1 . The water content of the concrete mixes to be used, as determined from the curve, shall correspond to strengths 16 percent greater than the specified design strength. The resulting mix shall not conflict with the limiting values for maximum water cementitious ratio and net minimum cementitious content as specified in Table 1 . Co Compression Tests: Provide testing of the proposed concrete mix or mixes to demonstrate compliance with the compression strength requirements in conformity with the above Paragraph- D. Entrained air, as measured by ASTM C231 , shall be as shown in Table I E. Slump of the concrete as measured by ASTM C 143 , shall be as shown in Table 1 . F. Proportion admixtures according to the manufacturer's recommendations . Two or more - admixtures specified may be used in the same mix provided that the admixtures in combination retain full efficiency and have no deleterious effect on the concrete or on the properties of each other. 6706-37319\8/20/03 033014 VRB TABLE 1 Design Cement Cement W/C WR Slump Class Strength ASTM Content age ( 1 ) C150 (2) (3 ) (4) Inches A 2500 Type H 440 0 .62 max Yes 1 -4 B 4000 Type H 560 0 .44 max Yes 3 -5 All concrete classes shall have 3 . 5 to 5 percent air entrainment. NOTES . ( 1 ) Minimum compressive strength at 28 day (2) Minimum cement content in lbs/cu yd (3 ) W/C is Water Cement ratio (4) WR is water reducing admixture 2 .04 MEASURING, BATCHING, MIXING, AND TRANSPORTING CONCRETE A. Measuring, batching, mixing and transporting concrete shall conform to ASTM C94 and the requirements herein or as otherwise approved in writing by the ENGINEER. B . Ready-mixed concrete, whether produced by a concrete supplier or the CONTRACTOR shall conform to the requirements above. No hand mixing will be permitted. C . Admixtures shall be dispensed into the batch in conformity with the recommendations of the manufacturer of the admixtures. D . Concrete shall be mixed until there is uniform distribution of the materials and shall be discharged completely before the mixer is recharged. The mixer shall be rotated at a speed recommended by the mixer manufacturer and mixing shall be continued for at least 1 V2 minutes after all the materials are in the mixer. Concrete shall be placed within 1 % hours of the time at which water was first added otherwise it shall be rejected. Concrete which has been remixed or retempered, or to which an excess amount of water has been added, shall also be rejected. 2.05 FORMS A. Forms shall be free from roughness and imperfections, substantially watertight and adequately braced and tied to prevent motion when concrete is placed. No wooden spreaders will be allowed in the concrete. B . Wire ties will not be allowed. Metal ties or anchorages which are necessary within the forms shall be so constructed that the metal work can be removed for a depth of at least 1 - in from the surface of the concrete without injury to such surface by spalling or otherwise. Forms shall be thoroughly cleaned before using and shall be treated with oil, or other approved material . C . All exposed edges of the finished concrete shall be chamfered '/a-in. j6706-37319\8/20/03 03301 -5 VRB PART 3 EXECUTION 3 .01 REINFORCING STEEL A. Surface condition, bending, spacing and tolerances of placement of reinforcement shall comply with the CRSI Manual of Standard Practice. The Contractor shall be solely responsible for providing an adequate number of bars and maintaining the spacing and clearances shown on the Drawings . B . Except as otherwise indicated on the Drawings, the minimum concrete cover of reinforcement shall be as follows : 1 . Concrete cast against and permanently exposed to earth: 3 -in _ 2 . Concrete exposed to soil, water, sewage, sludge and/ or weather: 2-in (including bottom cover of slabs over water or sewage) 3 . Concrete not exposed to soil, water, sewage, sludge and/ or weather: a. Slabs (top and bottom cover), walls, joists, shells and folded plate members - 1 -in b . Beams and columns (principal reinforcement, ties, spirals and stirrups) - 1 %2-in C. Reinforcing steel shall be accurately fabricated to the dimensions shown. Bars shall be bent around a revolving collar having a diameter of not less than that recommended in ACI 318 . All bars shall be bent cold. D. Unless otherwise shown, splices in reinforcing steel shall be lapped in conformity with ACI 318 but not less than 24 diameters. All bar splices shall be staggered wherever possible. When splicing bars of different diameters, the length of lap is based on the larger bar. E. Splices in welded wire fabric shall be lapped not less than 1 % courses or 12-in, whichever is greater. Wire fabric splices shall be tied together with wire ties spaced no more than 24- in on center. F. Before being placed in position, reinforcement shall be thoroughly cleaned of loose mill and rust scale, dirt and other coatings, including ice, that reduce or destroy bond. Where there is a delay in depositing concrete after the reinforcement is in place. Bars shall be reinspected and cleaned when necessary. G. Reinforcement, which is to be exposed for a considerable length of time after being placed, shall be given a heavy coat of cement grout. - H. In no case shall any reinforcing steel be covered with concrete until the amount and position of the reinforcements have been checked and permission given to proceed by the ENGINEER. 3 .02 INSPECTION AND COORDINATION A. The batching, mixing, transporting, placing and curing of concrete shall be subject to the inspection of the ENGINEER at all times. The CONTRACTOR shall advise the ENGINEER of his/her readiness to proceed at least 24 hours prior to each concrete 6706-37319\8/20/03 03301 -6 VRB placement. The ENGINEER will inspect the preparations for concreting including the preparation of previously placed concrete, the reinforcing steel, and the alignment, cleanliness and tightness of formwork. No placement shall be made without the inspection and acceptance of the ENGINEER. 3 . 03 CONCRETE APPEARANCE 1 A. Concrete mix showing either poor cohesion or poor coating of the coarse aggregate with paste shall be remixed. If this does not correct the condition, the concrete shall be rejected. B . Concrete for the work shall provide a homogeneous structure which, when hardened, will have the required strength, durability and appearance. Mixtures and workmanship shall be such that concrete surfaces, when exposed, will require no finishing. When concrete surfaces are stripped, the concrete when viewed in good lighting from 10-ft away shall be pleasing in appearance and at 20-ft shall show no visible defects. 3 .04 PLACING AND COMPACTING A. No concrete shall be placed until forms, condition of subgrade and method of placement have been approved by the ENGINEER. Before depositing concrete, all debris, foreign matter, dirt and water shall be removed from the forms. The contact surface between concrete previously placed and new concrete shall be cleaned and brushed with cement paste. Concrete, except as indicated on the Drawings, shall not be placed in water or submerged within 24 hours after placing, nor shall running water be permitted to flow over the surface of fresh concrete within 4 days after its placing. B . Deposit concrete as near its final position as possible to avoid segregation due to rehandling or flowing. Pumping of concrete will be permitted when an approved design . mix and aggregate sizes, suitable for pumping, are used. Do not deposit concrete which has partially hardened or has been contaminated by foreign materials. If the section cannot be placed continuously, place construction joints as specified or as approved. Place concrete for walls using tremie tubes in 12 to 24-in lifts, keeping the surface horizontal. Do not drop concrete more than 4-ft. C. High frequency mechanical vibrators shall be used to the extent necessary to obtain proper consolidation of the concrete, but not to move or transport concrete in the forms. Care shall be taken to avoid segregation of aggregates by excess vibration. Vibration shall continue until the frequency returns to normal., trapped air ceases to rise and the surface appears liquefied, flattened and glistening. Concrete adjacent to forms and around pipe stubs shall be carefully spaded or rodded. 3 .05 CURING AND PROTECTION A. Protect all concrete work against injury from the elements and defacements of any nature during construction operations. B . All concrete shall be cured in conformity with ACI 301 . Concrete that is to be used for the containment of water shall be water cured. Water curing shall be by ponding, by continuous sprinkling or by covering with continuously saturated burlap . Other concrete shall be cured by either water curing, sheet material curing or liquid membrane curing 6706-37319\8/20/03 03301 -7 VRB compound except that liquid membrane curing compound shall not be used on any concrete surface where additional concrete is to be placed or where the concrete surface is to be coated or painted . C . Finished surfaces and slabs shall be protected from the direct rays of the sun to prevent checking and crazing. D. Concrete placed during cold weather shall be batched, delivered, placed, cured and protected in compliance with the recommendations of ACI 306R. Salt, manure or other chemicals shall not be used for cold weather protection . E. Concrete placed during hot weather, shall be batched, delivered, placed, cured and protected in compliance with the recommendations of ACI 305R. The temperature of the concrete shall be such that it will cause no difficulties from loss of slump, flash set or cold joints. Immediately cover plastic concrete with sheet material during hot weather. 3 .06 FIELD TESTS A. Sets of three field control cylinder specimens will be taken by the ENGINEER during the progress of the work, in compliance with ASTM C31 . The number of sets of concrete test cylinders taken of each class of concrete placed each day shall not be less than one set, nor less than one set for each 150 cu yds of concrete nor less than one set for each 5 ,000 sq ft of surface area for slabs or walls. One cylinder shall be broken at 7 days and two cylinders shall be broken and their strengths averaged at 28 days. When the average 28 day compressive strength of the cylinders in any set falls below the specified compressive strength or below proportional minimum 7 day strengths (where proper relation between 7 and 28 day strengths have been established by tests); the ENGINEER may reject the concrete represented by the set of cylinders, may require modification of the concrete and/or require modification of the proportions, water content, or temperature conditions of the design mix to achieve the required strengths. B . Cooperate in the making of tests by allowing free access to the work for the selection of samples, providing an insulated closed curing box for specimens, affording protection to the specimens against injury or loss through his/her operations and furnishing material and labor required for the purpose of taking concrete cylinder samples. All shipping of specimens will be paid for by the CONTRACTOR. C. Slump tests will be made in the field by the ENGINEER in conformity with ASTM C 143 , D. Tests for air content shall be made in compliance with either the pressure method complying with ASTM C231 or by the volumetric method complying with ASTM C 173 , 3 .07 STRIPPING AND FINISMG CONCRETE A. Forms shall not be stripped before the concrete has attained a strength of at least 30 percent of the specified design strength, unless otherwise approved by the ENGINEER. This is equivalent to approximately " 100 day-degrees " of moist curing. B . Care shall be exercised to prevent damaging edges or obliterating the lines of chamfers, rustication or corners when removing the forms or doing any other work adjacent thereto. 6706-37319\8/20/03 03301 -8 VRB I C . Clean all exposed concrete surfaces and adjoining work stained by leakage of concrete, to 1 the satisfaction of the ENGINEER. D . As soon as forms have been stripped, form ties, if employed, shall be removed, and the recess filled to insure complete watertightness . Any defects in the surface of the walls shall be chipped out and repaired in a workmanlike manner. Defective concrete where it occurs shall be cut to a minimum depth of 1 -in, thoroughly roughened and neat cement brushed in. The hole shall then be filled with mortar in the proportion of 1 part cement and 2 %Z parts sand with a minimum of water. Mortar for filling form tie recesses shall be mixed to a slightly damp consistency (just short of "balling"), pressed into the recess until dense, and troweled smooth. Mortar in larger patches shall be applied and allowed to assume a partial set following which it shall be struck off flush with the adjoining surface. Patches shall be kept moist for several days to assure proper curing. E. Concrete to receive dampproofing and concrete not exposed in the finished work shall have off-form finish with fins and other projections removed and tie cones and defects filled as specified. F. Top surface of slabs shall be screeded to the established grades and shall be a true plane with a tolerance of when checked with a 10-ft straightedge. The surface shall be pitched to drain unless otherwise noted on the Drawings . The surface shall be finished to give a smooth, hard, even surface free from high or low spots or other defects. Concrete subject to pedestrian traffic shall be given a broom finish. Failure to meet the condition shall be cause for removal, grinding, or other correction as directed by the ENGINEER 3 .08 SCHEDULE A. The following (Table 2) are the general applications for the various concrete design strengths to be used: TABLE 2 Design Strength Class si Description A 2, 500 Concrete fill and duct or pipe encasement B 4,000 Slabs on grade and all other structural concrete 1 END OF SECTION 6706-37319\8/20/03 03301-9 VRB '1� 6Gv �u J �J �� /�/�� w O �N 0 O '� w� W �.i S W a y . .r �../ M O O N 00 M M O S :IHS [ NI3 � 61QOISIAIQ � i 1 SECTION 09902 FIELD PAINTING PART 1 GENERAL 1 .01 SCOPE OF WORK A . Furnish all materials, labor, equipment and incidentals required and perform all the painting necessary to complete this Contract in its entirety as specified herein . B . It is the intent of this Section to paint all exposed miscellaneous steel; mechanical and electrical equipment; pipe, fittings and valves; electrical conduit and appurtenances; all as specified in the attached painting schedules and all other work obviously required to be painted unless otherwise specified. Minor items not mentioned in the schedule of work shall be included in the work of this Section where they come within the general intent of this Section as stated herein . C . The following items will not be painted: 1 . Concrete (unless otherwise specified in the painting schedules), seamless flooring, terrazzo and tile work. 2 . Factory prefmished components. 3 . Packing glands and other adjustable parts and name plates of mechanical equipment. 1 .02 SUBMITTALS A. Submit, in accordance with Section 0 13 00, the following: 1 . Color cards for initial color selections 2 . Three sets of 8-in by 8-in samples, on 1 /4-in hardboard, of all colors required for all types of paint. Include special colors as required. Resubmit until approved. 1 . 03 REFERENCE STANDARDS A. The Society for Protective Coatings (SSPC) 1 . SSPC SP- 1 - Surface Preparation Specification No. 1 Solvent Cleaning. 2 , SSPC SP-2 - Surface Preparation Specification No. 2 Hand Tool Cleaning. B . Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. PART2 PRODUCTS 2 .01 MATERIALS A. All painting materials shall be by the Tnemec Company, Inc. ; equals by and, where scheduled, NSF Standard 61 certified equals by Sherwin Williams; Ameron (VyGuard) or equal. The painting schedule has been prepared on the basis of Tnemec products (unless 6706-38392\8/20/03 09902- 1 VRB otherwise noted) and Tnemec recommendations for application . No brand other than those named will be considered for approval unless the brand and type of paint proposed for a each item in the following schedule together with sufficient data substantiated by certified tests conducted at no expense to the Owner, to demonstrate its equality to the paint(s) named is submitted to the Engineer in writing for approval within 30 days after the Effective Date of the General Contract. The type and number of tests performed shall be subject to the Engineer's approval. B . All painting materials shall be delivered to the mixing room in unbroken packages, bearing the manufacturer's brand and name. They shall be used without adulteration and mixed, thinned and applied in strict accordance with manufacturer's directions for the applicable materials and surface and with the Engineer's approval before using. C . Shop priming shall be done with primers that are guaranteed by the manufacturer to be compatible with the finish paints to be used. D. No paint containing lead will be allowed. Oil shall be pure boiled linseed oil. E. Work areas will be designated by the Engineer for storage and mixing of all painting materials. Materials shall be in full compliance with the requirements of pertinent codes and fire regulations. Proper containers outside of the buildings shall be provided and used for painting wastes and no plumbing fixture shall be used for this purpose. 2.02 COLOR CODING FOR PIPES AND EQUIPMENT A. The color code establishes, defines and assigns a definite color for each process system. All elements which are an integral part of the system, that is originating from the equipment and/or supplying the equipment, shall be painted between and up to but not including the fixed flanges or the flexible conduit connections on the equipment. Valves and fittings shall be painted in the color of the main body of the pipe. B . All pipes and equipment shall be painted "green" consistent with the OWNER' S current color coding. Elements which are not listed on the Schedule will be assigned a color by the Engineer and shall be treated as an integral part of the Contract. C . All hanger saddles and pipe support floor stands shall be painted the same color and with the same paint as the pipe it supports. Hanger rods and hanger rod connections to building structure shall be painted to match the color of the wall or ceiling to which it is attached. 2.03 TITLES FOR EQUIPMENT A. Titles indicated in attached schedules shall be provided in vinyl film as specified above on all equipment using 1 -in high Optima Bold upper case, Grid 2 spacing, white or black in color as approved depending on substrate. Titles shall be mounted at eye level on machines where possible or at the upper most broad vertical surface of low equipment. Where more than one piece of the equipment item to be titled exists, the items shall be numbered consecutively as indicated on the mechanical drawings or as directed by the Engineer; for example Pump No . 1 , Pump No. 2, etc. Titles shall be composed in more than one line if required and justified on the left hand side as approved. 6706-38392\8/20/03 09902-2 VRB 2.04 EXTRA PAINT A. Furnish one unopened gallon can of each type and each color of paint used . 2.05 TESTING EQUIPMENT A . Furnish to the Engineer for use on the Project for paint inspection, wet and dry film thickness gauges and all other equipment required by the Engineer for inspection . PART 3 EXECUTION 3 .01 PREPARATION OF SURFACES A. All surfaces to be painted shall be prepared as specified herein and shall be dry and clean before painting. Special care shall be given to thoroughly clean interior concrete and CMU surfaces to receive polyamide cured epoxy paint of all marks before application of finish. jB . All metal welds, blisters, etc, shall be ground and sanded smooth. All pits and dents shall be filled and all imperfections shall be corrected so as to provide a smooth surface for painting. All rust, loose scale, oil, tar and asphalt bearing coatings, grease and dirt shall be removed by use of approved solvents, wire brushing, grinding or sanding. C . Concrete masonry unit surfaces shall be smooth and cleaned of all dust, loose mortar and other foreign matter. D. Submerged concrete surfaces and those subject to splashing, scheduled to be painted and for tank coating system and chemical fill station containment, shall be brush sandblasted to open void spaces and bug holes with resultant finish being a uniform profile equal to 80 grit sandpaper. E. All PVC pipe and other plastic matrix surfaces to beainted shall be lightly sanded and p � Y cleaned of residue before painting. F. Wood surfaces shall be dry. All encrustations shall be removed. Sand to obtain a smooth surface. G. Galvanized (except metal deck surfaces), aluminum, and copper surfaces shall have all oxidation and foreign material removed before painting by SSPC SP1 , using an approved ' V.O .C . compliant method. Galvanized and, when ordered, the other metal surfaces specified above shall be hand tool cleaned to SSPC SP2 standards to provide a uniform 1 mil surface profile. H. Galvanized steel floor and roof deck shall have oxidation, oils and foreign materials removed and surfaces given a uniform profile without compromising the galvanized coatings. Use SSPC SPI and SP7 methods as submitted and approved. I. Stainless steel shall be solvent cleaned as specified above and then sanded to achieve a uniform 1 mil profile. Remove all sanding residue. 6706-38392\8/20/03 09902=3 VRB 3 .02 WORKMANSHIP A . General 1 . At the request of the Engineer, sample areas of the finished work prepared in strict accordance with this Section shall be furnished and all painting shall be equal in quality to the approved sample areas . Finished areas shall be adequate for the purpose of determining the quality of workmanship . Experimentation with factory or paint manufacturer's warehouse mixed colors shall be furnished to the satisfaction of the Engineer where standard chart colors are not satisfactory. 2 . Protection of equipment, fittings and accessories shall be provided throughout the painting operation. Remove all electric plates, surface hardware, etc, before painting, protect and replace when completed. Mask all machinery nameplates ;_ and all machined parts not receiving a paint finish. Dripped or spattered paint shall be promptly removed . Lay drop cloths in all areas where painting is being done to adequately protect flooring and other work from all damage during the operation and until the finished job is accepted. 3 . On metal surfaces apply each coat of paint at the rate specified by the manufacturer to achieve the minimum dry mil thickness required. If material has thickened or must be diluted for application by spray gun, the coating shall be built up to the same film thickness achieved with undiluted material . One gallon of paint as originally furnished by the manufacturer shall not cover a greater area when applied by spray gun than when applied unthinned by brush. Deficiencies in film thickness shall be corrected by the application of an additional coat(s) . On masonry, application rates will vary according to surface texture; however, in no case shall the manufacturer's stated coverage rate be exceeded. On porous surfaces, it shall be the painter's responsibility to achieve a protective and decorative finish either by decreasing the coverage rate or by applying additional coats of paint. B . Field Priming 1 . Steel members, metal castings, mechanical and electrical equipment and other metals which are shop primed before delivery at the site will not require a prime coat on the job . All piping and other bare metals to be painted shall receive one coat of primer before exposure to the weather, and this prime coat shall be the first coat as specified in the painting schedule. Surface preparation of bare metal shall be the responsibility of the Contractor. 2 . Equipment which is specified to receive a baked-on enamel finish or other factory finish shall not be field painted unless the finish has been damaged in transit or during installation. Surfaces that have been shop painted and have been damaged, or where the shop coat or coats of paint have deteriorated, shall be properly cleaned and retouched before any successive painting is done on them in the field. All such field painting shall match as nearly as possible the original finish. Preparation and painting shall be provided by the Contractor. 3 . Equipment shipped with a protective shop painting coat or coats shall be touched up to the satisfaction of the Engineer with primers as recommended by the manufacturer of the finish paint. Preparation and painting shall be provided by the Contractor. 6706-38392\8/20/03 09902-4 VRg C . Field Painting 1 . All painting at the site shall be under the strict inspection of the Engineer. Only skilled painters and, where dictated by special conditions or systems and so ordered, specialist painters shall be used on the work. 2 . All paint shall be at room temperature before applying, and no painting shall be done when the temperature is below 60 degrees F, in dust-laden air, when rain is falling, or until all traces of moisture have completely disappeared from the surface to be painted. 3 . Successive coats of paint shall be different shades (from paint manufacturer's stock or shop mixed paint) of the required colors so as to make each coat easily distinguishable from each other with the final undercoat the approximate shade of the finished coat to ensure no show-through as approved. 4. Finish surfaces shall not show brush marks or other irregularities . Undercoats . shall be thoroughly and uniformly sanded with the type paper appropriate for the undercoats to remove defects and provide a smooth even surface. Top and bottom edges of doors shall be painted. 5 . Painting shall be continuous and shall be accomplished in an orderly manner so as to facilitate inspection. Materials subject to weather shall be primed coated as quickly as possible. Surfaces of exposed members that will be inaccessible after erection shall be cleaned and painted before erection. 6. All painting shall be performed by approved methods with number of coats modified as required to obtain the total dry film thickness specified. Spray painting shall be performed specifically by methods submitted and as approved by the Engineer. 7 . All surfaces to be painted as well as the atmosphere in which painting is to be done shall be kept warm and dry by heating and ventilation, if necessary, until each coat of paint has hardened . Any defective paint shall be scraped off and repainted in accordance with the Engineer's directions . 8 . Before final acceptance of the work, all damaged surfaces of paint shall be cleaned and repainted as directed by the Engineer. 9 . Only the aluminum work noted on the Drawings or in the Painting Schedule shall be field painted. 3 . 03 CLEANUP A. At all times keep the premises free from accumulation of waste material and rubbish caused by employees or work. At the completion of the painting, remove all tools, scaffolding, surplus materials and all rubbish from and about the buildings and leave the work "broom clean" unless more exactly specified. B . Upon completion, remove all paint where it has been spilled, splashed, or spattered on all surfaces, including floors, fixtures, equipment, furniture, etc, leaving the work ready for inspection. END OF SECTION 6706-38392\8/20/03 09902-5 VRB (This Page Intentionally Left Blank) 6706-38392\8/20/03 09902-6 VR.g i 1 ivarua [ naa 1 II AIOISIAiQ � SECTION 11214 VERTICAL TURBINE PUMP AND APPURTENANCES PART1 GENERAL 1 .01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required, install, complete and ready for operation and field test, one vertical turbine well pump including the motor to be furnished by the Owner and shall be as shown on the Drawings and as specified herein. B . All necessary accessory equipment and auxiliaries whether specifically mentioned in this Section or not shall be furnished and installed as required . Also included shall be supervisory services during installation and field testing of each unit and instructing the regular operating personnel in the proper care, operation and maintenance of the equipment. 1 .02 RELATED WORK SA. If required for the installation, concrete work and the installation of anchor bolts are included in Division 3 ; however, anchor bolts for these units as recommended by the pump manufacturer shall be furnished by the Contractor under this Section. B . Field painting is included in Section 09902 . C . Instrumentation and controls, other than those specified herein, are specified under their respective Sections of Division 13 . D . Mechanical piping and appurtenances and pipe hangers and supports are included in Division 15 , 1 .03 SUBMITTALS A. Submit, in accordance with Section 0 13 00, shop drawings and product data. Submittals shall include the applicable items from the following: 1 . Certified dimensional drawings of each item of equipment and auxiliary apparatus to be furnished. 2. Certified foundation, pump support and anchor bolt plans and details. 3 . Literature and drawings describing the equipment in sufficient detail, including parts list and materials of construction, to indicate full conformance with the detail specifications . 4 . Total weight of pumping unit. B . Design Data 1 . Manufacturer's certified rating curves, to satisfy the specified design conditions, showing pump characteristics of discharge, anticipated field head, brake horsepower, bowl efficiency and guaranteed net positive suction head required (NPSHR) . Curves shall show the full, recommended range of performance and 6706-38392\8/20/03 11214- 1 VRg include shut-off head. This information shall be prepared specifically for the pump proposed. Catalog sheets showing a family of curves will not be acceptable. C . Test Reports 1 . A schedule of the date of shop testing and delivery of the equipment to the job site. 2 . Description of pump factory test procedures and equipment. D. Operation and Maintenance Data 16 1 . Complete operating and maintenance instructions shall be furnished for all equipment included under this Section as provided in Section 0 173 5 . The maintenance instructions shall include troubleshooting data and full preventative >, maintenance schedules and complete spare parts lists with ordering information. 1 .04 REFERENCE STANDARDS A. Design, manufacturing and assembly of elements of the equipment specified herein shall be in accordance with, the following: 1 . American Gear Manufacturers Association (AGMA) 2 . American Institute of Steel Construction (AISC) 3 . American Iron and Steel Institute (AISI) 4 . American Society of Mechanical Engineers (ASME) 5 . American National Standards Institute (ANSI) 6 . American Society for Testing Materia:s (ASTM) 7. American Water Works Association (AWWA) 8 . American Welding Society (AWS) 9. American Bearing Manufacturers Association (ABMA) 10. Hydraulic Institute Standards 11 . Institute of Electrical and Electronics Engineers (IEEE) 12 . National Electrical Code (NEC) 13 . National Electrical Manufacturers Association (NEMA) 14 . Occupational Safety and Health Administration (OSHA) 15 . The Society for Protective Coatings (SSPC) 16 . Underwriters Laboratories (UL) B . Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 1 . 05 QUALITY ASSURANCE A. The Contractor and manufacturer shall assume responsibility for the satisfactory installation and operation of the entire pumping system including pump and existing motor as specified. The Owner' s existing 100 Hp motor will be utilized for this application. B . The equipment covered by this Section is intended to be standard pumping equipment of proven ability as manufactured by concerns having extensive experience in the production of such equipment. The equipment furnished shall be designed, constructed and installed to operate satisfactorily when installed as shown on the Drawings and the Manufacturer' s installation literature. 6706-38392\8/20/03 11214-2 VRB C . Pumps shall be manufactured in accordance with the Hydraulic Institute Standards, except where otherwise specified herein. D. The pump manufacturer shall be fully responsible for the design, arrangement, and operation of all connected rotating components, including supporting sole plate(s), if any, of the assembled pumping unit mounted on a fabricated steel base plate, to ensure that neither harmful nor damaging vibrations occur. 1 . 06 SYSTEM DESCRIPTION A . The pump will pump water from an existing groundwater well to the water treatment plant. The pump will be located in a raw water well located to the north of the process building. 1 .07 DELIVERY STORAGE AND HANDLING A. All parts shall be properly protected so that no damage or deterioration will occur during a prolonged delay from the time of shipment until installation is completed and the unit and equipment are ready for operation. Be All equipment and parts must be properly protected against any damage during shipment. Store equipment in accordance with manufacturer's recommendations. C . Factory assembled parts and components shall not be dismantled for shipment unless permission is received in writing from the Engineer. D . The finished surfaces of all exposed flanges shall be protected by wooden or equivalent blank flanges, strongly built and securely bolted thereto. E. Finished iron or steel surfaces not painted shall be properly protected to prevent rust and corrosion. F . No shipment shall be made until approved by the Engineer in writing. 1 .08 MAINTENANCE A. Furnish all special tools and test equipment required for the proper servicing of all equipment. Be All spare parts shall be properly protected for long periods of storage and packed in containers that are clearly identified with indelible markings as to contents. 1 .09 WARRANTY A. The equipment shall be warranted for a period of 1 year from the date of substantial completion as defined under the General Conditions, to be free from defects in workmanship, design or material . If the equipment should fail during the warranty period due to a defective part(s), it shall be replaced in the machine and the unit(s) restored to service at no additional cost to the Owner. t6706-38392\8/20/03 11214-3 VRB B . The manufacturer of the pressure relief/sustainingvalves (Paragraph 2. 08 below) shall warrant them to be free of defects in material and workmanship for a period of three years from date of shipment provided the valves are installed and used in accordance with all applicable instructions. Electrical components related to the pressure relief/sustaining valves shall have a one-year warranty. PART PRODUCTS w 2 .01 GENERAL A. The pumping unit shall be complete including pump, and appurtenances such as, but not limited to, valves, couplings, guards and gauges. Owner' s existing pump motor ( I 0014p) shall be utilized. B . The pump shall be designed and built for 24-hour continuous service at any and all points within the required range of operation, without cavitation, and without excessive vibration or strain. All parts shall be so designed and proportioned as to have liberal strength stability and stiffness and to be especially constructed to meet the specified requirements. Ample room and facilities shall be provided for inspection, repairs and adjustment. C. All necessary foundation bolts, nuts and washers shall be furnished and shall be Type 316 stainless steel . D. Each major piece of equipment shall be furnished with a stainless steel nameplate (with embossed data) securely mounted to the body of the equipment. As a minimum, the nameplate for the pumps shall include the manufacturer's name and model number, serial number, rated flow capacity, head, speed and all other pertinent data. 2 .02 CONDITIONS OF OPERATION A. The pump shall have a rising head capacity curve for stable pump operation from the minimum head operating point to the shut-off head. The pump shall be Model 1026A-6 stage by J-Line Pump Company, or equal. The pump shall be designed for the conditions of service tabulated as follows : 1 . Service : Raw Water 2. Number of pumps : I 3 . Liquid: groundwater 4. Maximum temperature (degree F): 85 5 . Design capacity (gpm) : 1 , 500 6 . Design total head (TH)(ft) : 180 7• Maximum internal pump head losses from inlet to discharge nozzle outlet (ft): 3 8 . Minimum bowl efficiency at design point (percent): 80 9 . Shut-off head limits (ft): 300 - 360 10 . Minimum bowl efficiency (percent) throughout the flow range 1 ,000 gpm to 1 , 800 gpm : 70 11 . Maximum run out capacity (gpm): 1 , 800 12 . Minimum bowl efficiency at run out capacity (percent): 70 13 . NPSHA at maximum run out capacity (ft): 35 14 . Maximum NPSHR at minimum anticipated TH (ft): 30 6706-38392\8/20/03 11214-4 VRB 15 . Maximum speed (rpm) : 17780 16 . Non-overloaded motor Hp: 100 17 . Minimum pump discharge nozzle diameter (in): 10 B . Where anticipated Total Head (TH) is referred to below in conjunction with the specified discharge requirements, it shall be understood to consist of the discharge pressure at the nozzle in feet plus the velocity head at that point, plus the difference in elevation between the discharge gauge and the suction well water level . The efficiency of the pump shall be understood to be based upon the bowl efficiency. C . The pump shall operate throughout the entire operating range. 2.03 PUMP CONSTRUCTION A . Vertical turbine line shaft pumps shall be self lubricated, completely equipped with motor support and guide bearings and shall conform to AWWA E101 , Vertical Turbine Pumps, where not in conflict with the specific requirements contained herein. B . Each impeller shall be cast 316 Stainless Steel of the enclosed e; staticallyand dynamically balanced. C. Pump bowls, including suction bell, shall be cast 316 Stainless Steel flanged and bolted construction with bronze bearings. All bowl hardware shall be Type 316 stainless steel . The suction case bearing shall be packed and permanently lubricated with non-water soluble grease suitable for use with drinking water supply pumps . Entry of gritty solids into the bearing shall be prevented. D . Line shafts and couplings shall be 1 .5 — inch diameter Type 316 stainless steel and shall be field replaceable. Maximum shaft lengths shall be 10-ft. E. The pump line-shaft and top shaft each shall be one piece solid shaft construction with self-tightening threaded connecting stainless steel couplings and suitable for adjustment of the pump impellers with a top shaft impeller adjustment nut, including locking screw. The top shaft shall incorporate a non-reverse ratchet, if one does not exist in the existing 100 HP motor. The pump line-shaft and top shaft shall be joined with a shaft coupling located above the mechanical seal. The coupling shah be positioned to be easily removed through the discharge head openings . F. Discharge columns and couplings shall be 316 stainless steel threaded construction in lengths not exceeding 10-ft (column) with a minimum diameter of 10 inches. The minimum wall thickness on all columns shall be 0.322-in. G. Pump and column assembly to be compatible with existing discharge head. Assembly shall be fitted with a new mechanical seal located and accessible above pump base plate. H. Line shaft bearings shall be removable self-flushing bronze backed Thordon type, mounted in fabricated stainless steel bearing spiders located at discharge column couplings on 10-ft centers, maximum. 6706-38392\8/20/03 11214-5 VRB I. A new supporting fabricated steel sole plate with tapped holes for bolting down pump discharge head complete with all bolts, nuts, washers and anchor bolts shall be furnished as required . The top of the sole plate shall be machined to mate with the discharge head base plate. The dimensions and thickness of this sole plate shall be as determined by the PUMP manufacturer. J. The construction of the pumps, position and number of column pipe couplings shall be such that the pumps can be readily installed and removed for repairs using normal methods of operation and handling without undue difficulties. K. The pump shall be equipped with a discharge pressure gauge. Pressure gauge shall be bronze bourdon tube SOLFRUNT Duraguage Series 1980 Black Phenol Turret type with 316 stainless steel rack and pinion movement or equal . The gauge shall be glycerin filled. Gauges shall be calibrated from 0 to 200 psi . Gauges shall be 4- 1 /2-in diameter furnished with 1 /4-in inlet. All fittings and cocks shall be 316 stainless steel . Pressure gauges shall be furnished with isolating pulsation dampers . L. The natural frequency of the assembled pump and its supporting structure shall be at least 25 percent higher than the maximum pump speed. 2 .04 PUMP DRIVE SYSTEM A. A 100 Hp motor will be provided by the Owner for this application. 2.05 SHOP TESTS A. The Engineer shall have the right to inspect any equipment to be furnished under this Section prior to their shipment from place of manufacture. B . Each pump shall be factory tested with a Standard Performance Test as described in Hydraulic Institute Test Standards, Vertical Pumps - for vertical turbine pumps and all test data submitted for approval by the Engineer prior to shipment. Certified copies of the calculated pump performance curves shall be submitted including anticipated head, capacity, bowl efficiency, total brake horsepower, NPSH and required submergence. C . The pump bowl assembly shall be hydrostatically tested in full compliance with the Hydraulic Institute Test Standards, Vertical Pumps - 2 . 6 . 2 .06 PRESSURE RELIEF/SUSTAINING VALVE A. The pressure relief/sustaining valve shall be a 6-inch diameter manufactured by Cla Val or approved equal rated for 150 psi . The valve shall maintain a constant upstream pressure by bypassing or relieving excess pressure and shall maintain close pressure limits without causing surges. If upstream pressure decreases below the spring setting, the valve shall close. B . The valve shall be hydraulically operated, single diaphragm-actuated, globe pattern. The valve shall consist of three major components: the body with seat installed, the cover with bearings installed, and the diaphragm assembly. The diaphragm assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve, separating 6706-38392\8/20/03 11214-6 VRB operating pressure from line pressure. Packing glands and/or stuffing boxes are not permitted and there shall be no pistons operating the main valve or pilot controls . C . No separate chambers shall be allowed between the main valve cover and body. Valve body and cover shall be of 304 stainless steel material. No fabrication or welding shall be used in the manufacturing process . D . The valve shall contain a resilient, synthetic rubber disc with a rectangular cross-section contained on three and one-half sides by a disc retainer and forming a tight seal against a single removable seat insert. No O-ring type discs (circular, square, or quad type) shall be permitted as the seating surface. The disc guide shall be of the contoured type to permit smooth transition of flow and shall hold the disc firmly in place. The disc retainer shall be of a sturdy one-piece design capable of withstanding opening and closing shocks. It must have straight edge sides and a radius at the top edge to prevent excessive diaphragm wear as the diaphragm flexes across this surface. No hourglass-shaped disc retainers shall be permitted and no V-type or slotted type disc guides shall be used. E. The diaphragm assembly containing a non-magnetic 303 stainless steel stem of sufficient diameter to withstand high hydraulic pressures shall be fully guided at both ends by a bearing in the valve cover and an integral bearing in the valve seat. The seat shall be a solid, one-piece design and shall have a minimum of a five-degree taper on the seating surface for a positive, drip-tight shut off. No center guides shall be permitted. The stem shall be drilled and tapped in the cover end to receive and affix such accessories as may be deemed necessary. The diaphragm assembly shall be the only moving part and shall form a sealed chamber in the upper portion of the valve separating operating pressure from line pressure. F. The flexible, non-wicking, FDA approved diaphragm shall consist of nylon fabric bonded with synthetic rubber compatible with the operating fluid. The center hole for the main valve stem must be sealed by the vulcanized process or a rubber grommet sealing the center stem hole from the operating pressure. The diaphragm must withstand a Mullins Burst Test of a minimum of 600 psi per layer of nylon fabric and shall be cycle tested 100,000 times to insure longevity. The diaphragm shall not be used as the seating surface. The diaphragm shall be fully supported in the valve body and cover by machined surfaces which support no less than one-half of the total surface area of the diaphragm in either the fully open or fully closed position. G. The main valve seat and the stem bearing in the valve cover shall be removable. The cover bearing and seat in shall be threaded into the cover and body. The lower bearing of the valve stem shall be contained concentrically within the seat and shall be exposed to the flow on all sides to avoid deposits. To insure proper alignment of the valve stem, the valve body and cover shall be machined with a locating lip. No "pinned " covers to the valve body shall be permitted. Cover bearing, disc retainer, and seat shall be made of the same material . All necessary repairs and/or modifications other than replacement of the main valve body shall be possible without removing the valve from the pipeline. Packing glands and/or stuffing boxes shall not be permitted and components including cast material shall be of North American manufacture . H. The pressure relief pilot shall be a direct acting, adjustable, spring-loaded, diaphragm valve designed to permit flow when controlling pressure exceeds the adjustable spring 6706-3839218/20/03 11214-7 VRB setting. The pilot control is normally held closed by the force of the compression on the _ spring above the diaphragm and it opens when the pressure acting on the underside of the diaphragm exceeds the spring setting. Pilot control sensing shall be upstream of the pilot system strainer so accurate control may be maintained if the strainer is partially blocked. A full range of spring settings shall be available in ranges from 0450 psi . 2 .07 AIR RELEASE VALVE A. The air release valves shall be a 2-inch diameter model D-025 as manufactured by A.R.I. or approved equal with a working pressure of 145 psi. The valve shall automatically release gas from a pressurized or filling system and admit air into a draining system . B . The body and base of the valves shall be 316L stainless steel. C . The springs, washers, and stem shall be 316L stainless steel. D. The seal plug assembly shall be made of reinforced nylon . E. The float shall be spring-loaded. 2 . 08 WIRELESS TELEMETRY SYSTEM A. The telemetry system shall be a wireless model 905U4 as manufactured by Elpro, or approved equal . The radio unit shall provide a link for digital (switch contact), pulse, and analog signals. The unit shall be compatible with the Owner's existing Allen-Bradley PLC, and shall be expandable to add additional signals in the future, as needed. One unit to be provided at each of the six (6) production wells. B . The telemetry system shall transmit the 4-20 mA signal from a Drexelbrook, or approved equal, water level transmitter to the water treatment plant. C. The system shall contain: a. Digital Inputs: 49 dry contact or NPN transistor b. Digital Outputs: 4, Form A contacts C, Analog Outputs: 2 d. Pulse Input: 1 , 100 Hz max rate e. Pulse Output: 1 £ Power Requirement: 12-24 VAC or 15-30 VDC, over voltage and reverse power protected g. Transmitter Power Supply: 24 VDC, 150 mA for analog loop supply h. Radio Transceiver: 902-908 Mhz, Frequency D. The telemetry system shall also include one internally located battery charging circuit and a solar regulator. E. One ( 1 ) Elpro Model 905U-3 Radio Telemetry 1/0 Module, or approved equal, shall be provided to receive outputs from each well in the control room. F. The Elpro Model 905U-3 Radio Telemetry 1/0 Module, or approved equal, shall include the same standard specifications as listed above, with the following UO configuration : 6706-38392\8/20/03 11214-8 VRB a. Digital inputs: 0 b . Digital Outputs: 8 , Form A contacts C. Analog Inputs: 0 d. Analog Outputs: 8 , 4-20 mA e. Pulse Input 0 f. Pulse Output 4 ' G. Seven (7) Elpro SG900EL Colinear, or approved equal, 5 dB gain, 32-inch antenna shall be provided with N-type connectors (one to be located at each of the six production wells, and one to be located at the water treatment plant). PART 3 EXECUTION 3 .01 PREPARATION A. Coordinate with other trades, equipment ands ste systems to the fullest extent possible. ' B . Take all necessary measurements in the field to determine the exact dimensions for all work and the required sizes of all equipment under this Contract. All pertinent data and dimensions shall be verified. 3. 02 INSTALLATION A. Installation shall be in strict accordance with the manufacturer's instructions and recommendations in the locations shown on the pump drawings . Anchor bolts shall be set in accordance with the pump manufacturer's recommendations and setting plans . ' B . The pump manufacturer shall supply the services of a factory representative to check over the completed pump installation to the satisfaction of the Engineer. If the Contractor does not have a qualified engineer and/or service person on the job during the installation, the Engineer may direct the Contractor to provide the services of a factory representative to give the necessary instructions to ensure a proper installation.] C . Connection of piping to pumps shall be done in the presence of the Engineer. All piping connections to the pump shall be done without bending and/or twisting the piping to mate with the pump flange connections . ' D . A certificate from the equipment manufacturer shall be submitted stating that their installation of their equipment is satisfactory, that the equipment is ready for operation and that the Owner's operating personnel have been suitably instructed in the operation, lubrication and care of each unit. 3 . 03 FIELD TESTS A. In the presence of the Engineer such tests as necessary to indicate that the pump and motor conform to the efficiencies and operating conditions specified shall be performed. A 7day- operating period of the pumps will be required before acceptance. If a pump performance does not meet the specified requirements, corrective measures shall be taken or the pump shall be removed and replaced with a pump, which satisfies the conditions, specified . All test procedures shall be in accordance with factory test procedures specified above and 6706-38392\8/20/03 11214-9 VRB certified results of tests shall be submitted. Provide, calibrate and install all temporary gauges and meters, make necessary tapped holes in the pipes, and install all temporary piping and wiring required for the field acceptance tests. Written test procedures shall be submitted to the Engineer for approval 30 days prior to testing. B . After installation and as soon as conditions permit full speed operation, retain the services of a qualified independent mechanical testing firm to perform a detailed vibration signature analysis of each unit, including both 'Bump Tests" and X-Y vibration profiles, to (a) prove compliance with the specified vibration limitations and (b) prove there are no field installed resonant conditions due to misalignment, the foundation, or the connecting piping and its supports, when operating at any speed within the specified operating range. A written report shall be submitted including a sketch of the unit indicating on where and in which direction the vibration readings were taken and recorded showing (a) peak-to-peak displacement, in mils, (b) frequency and (c) peak velocity level, in inches per second. The report shall contain a complete analysis of their findings, describing any problems encountered, if any, probable cause and specific recommendations for any required corrective action. C . If required, take corrective action and have the units retested to ensure full compliance with the specified requirements. All costs associated with the field tests or any required corrective action shall be borne by the Contractor. D . The vibration analysis indicated above shall be repeated 6 months after signature testing. A report shall be prepared comparing the results of the 6-month tests with the results of the signature tests. Significant worsening of the vibration, to be determined by the Engineer, during the 6-month tests shall require corrective action and retesting. END OF SECTION 6706-38392\8/20/03 11214- 10 VRB 1 DNISION 13 � SPECIAL CONSTRUCTION SECTION 13300 PROCESS INSTRUMENTATION AND CONTROLS - GENERAL PROVISIONS PART1 - GENERAL 1 .01 SCOPE OF WORK A. The Contractor shall furnish all services and equipment defined herein and in other Specification sections as listed below under Related Work. B . The Contractor shall furnish 6 (six) Remote Telemetry Units (RTU), one located at each of the six well pump sites and one ( 1 ) Central Telemetry Unit (CTU) located at the Indian River County, South County Water Treatment Plant. The CTU shall be installed at a location in the WTP designated by the Owner to minimize the antenna lead length. 1 . The RTUs shall monitor well drawdown and pump discharge flow at each well and broadcast the data to the CTU. New well drawdown measuring instruments shall be installed in each of the six (6) wells. 2. Provide any PLC modules required for the existing A-B PLC, which may be required for the CTU to communicate with the PLC . 3 . Refer to the Specifications and Contract Drawings for additional requirements. C. The Contractor shall provide all equipment, equipment mounting, wiring, conduit, grounding, antenna mast, antenna lead and startup to achieve a fully operational, integrated system. All installation labor and auxiliary hardware and equipment required to provide a completely installed and operational system shall be included. The Contractor shall design and coordinate the instruments for proper operation with related equipment and materials famished by others under other sections of these Specifications and with existing equipment. D. The Contractor shall refer to the contract Drawings and related Specification Sections for detailed descriptions of the work to be performed at the well sites and the South County WTP Plant. The Engineer shall settle any disputes or conflicts over scope of work. E. The Contractor shall be responsible for all field instrumentation not specified as provided under Division 11 . F. Auxiliary and accessory devices necessary for system operation or performance, such as lightning surge protectors, transducers or relays to interface with existing equipment or equipment provided by other suppliers under other Sections of these Specifications, shall ' be by the Contractor and included whether they are shown on the instrument drawings or not. G. Substitutions on functions or type of equipment specified will not be acceptable. In order to insure compatibility between all equipment, it shall be the responsibility of the Contractor to coordinate all interface requirements with mechanical and electrical system suppliers and furnish any signal isolation devices that might be required. 6706-38392\8/ 1 /2003 13300- 1 VRB H. Equipment shall be fabricated, assembled, installed and placed in proper working condition in full conformity with detailed Drawings, Specifications, engineering data, instructions and recommendations of the manufacturer as approved by the engineer. I. All equipment and installations shall satisfy applicable Federal, State, and local codes. 1 .02 RELATED WORT{ A. Division 11 — Equipment 1 .03 SUBMITTALS A. Refer to Section 01300. B . All equipment data, cut sheets and drawings shall be fiunished as a single submittal for approval. Partial submittals are not acceptable. 1 .04 REFERENCE STANDARDS A. Instrument Society of America (ISA) B . National Electrical Manufacturers Association (NEMA) C• Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 1 .05 QUALITY ASSURANCE A. The Contractor shall perform all work necessary to select, furnish, install, connect, and place into operation all equipment specified within the Contractor's scope of supply. B . Actual installation of the system need not be performed bythe Contractor' s employee installation. s; however, the Contractor shall be responsible for the on-site technical supervision of the C . The Contractor shall furnish equipment, which is the product of one manufacturer to the maximum practical extent. Where this is not practical, all equipment of a given type shall be the product of one manufacturer. 1 .06 DELIVERY, STORAGE AND HANDLING A. Refer to Section 01600. 1 .07 WARRANTY A. Provide equipment warranty per section 01740 and herein. 1 .08 FINAL SYSTEM DOCUMENTATION A. Prior to final acceptance of the system, operating and maintenance manuals covering instruction and maintenance on each type of equipment shall be furnished. 6706-38392\8/ 1 /2003 13300-2 VRB PART 2 - PRODUCTS 2.01 INSTRUMENTATION GENERAL A. Type 1 . All instrumentation supplied shall be o: the manufacturer's latest design and shall produce or be activated by signals, which are established standards for the water and wastewater industries. 2 . All electronic instrumentation shall be of the solid-state type and shall utilize linear transmission signals of 4 to 20 mA DC (milliampere direct current), however, signals between instruments within the same panel or cabinet may be 1 -5V DC (volts direct current), or the like. 3 . Outputs of equipment that are not of the standard signals as outlined, shall have the output immediately raised and/or converted to compatible standard signals for remote transmission. No zero-based signals will be allowed. 4. All instruments shall be provided with mounting hardware and floor stands , wall brackets, or instrument racks as shown on the Drawings or as required. Instrumentation shall be compatible with the Owner's exiting PLC 5 . All electronic/digital equipment shall be provided with radio frequency interference protection and shall be FCC approved. ' B. Electrical 1 . All equipment shall be designed to operate on a 60-Hertz alternating current power source at a nominal 117 volts, plus or minus 10 percent, except where specifically noted. All regulators and power supplied required for compliance with the above shall be provided between power supply and interconnected instrument loop. Where equipment requires voltage regulation, constant voltage transformers ' shall be supplied. 2 . Materials and equipment used shall be U. L. approved wherever such approved equipment and materials are available. 3 . All equipment shall be designed and constructed so that in the event of a power interruption, the equipment specified hereunder shall resume normal operation without manual resetting when power is restored. 2 .02 LIGHTNING SURGE PROTECTION A. General — Lightning Surge protection shall be provided to protect the electronic instrumentation system from induced surges propagating along the antenna, signal and power supply lines. The protection systems shall be such that the protective level shall not interfere with normal operation, but shall be lower than the instrument surge withstand level, and be maintenance free and self-restoring. Instruments shall be housed in a suitable metallic case, properly grounded. Ground wires for all surge protectors shall be connected to a good earth ground and where practical each ground wire run individually and insulated from each other. These protectors shall be mounted within the instrument enclosure or a separate NEMA 4X junction box coupled to the enclosure. All contact points to be copper with nickel plating. The transient response of units shall be less than 1 nanosecond. The surge protector should meet IEEE C-62-41 Standards. 1 . Manufacturer a. Phoenix Contact b. EDCO 6706-38392\8/ 1 /2003 13300-3 VRB r C. Joslyn d. IT (Innovative Technologies) B . Power Supply - Protection of all 120 VAC instrument power supply lines shall be (_ provided. Cabinet(s)/panel(s) and groups of field instruments regardless of locati transformers on t (indoor or outdoor) shall be protected by isolation nsformers and surge suppressors. Individual surge suppressors shall protect individual field instruments. C. Signal Line - All analog signal lines shall be protected through the use of varistors (MOVs), line to line and line to ground inductors, Zener diodes and gas tube arrestors with fuses on a PC board mounted in a snap track and labeled. These shall be provided at both ends of the signal lines and as close to the instruments as possible. D• Antenna Lead - The antenna coaxial cable shall be protected with a surge arrestor as close to the telemetry module enclosure as possible. 2.03 REMOTE TELEMETRY UNIT (RTU) — Field Mounted A. Type 1 • The RTU shall be a self-contained transceiver with an internal radio, capable of stand-alone operation. Unit shall provide for both input and output signals . 2 . Frequency hopping spread spectrum operation in the licence-free band of 900MHz. 3 , Minimum UO requirements : (4) DI, (4) DO, (2) Al, (2) AO and ( 1 ) each PI/PO. B. Functional/Performance 1 . Operate in the 902-928 MHz frequency range. 2. LED indicators for transmit and receive signals, power supply status and normal operating status. 3 . Power Supply: 12-30VDC. 4. Minimum 12-bit addresses. Configurable polling time function. 5 . Peer-to-peer communications and capable of being configured as a normal transceiver or as a repeater station. 6.. Capable of accepting additional UO modules for expanding control capabilities. C. Physical 1 . Operating temperature range: -40°F to 140 'F 2. Plug-in removable terminal strip for UO connections . 3 . On-board, self-charging battery backup. D. Process Interface 1 . The connections to field devices shall be provided with screw type terminal blocks with barriers between adjacent terminals for connection of field inputs. Terminals shall be suitable for accepting up to and including No. 14 AWG wire. All terminals shall be provided with unique identification in accordance with approved loop interconnection diagrams. a. Digital Inputs. The digital inputs shall provide power to dry field contacts or accept high level logic input signals. b. Analog Input. The isolated analog input shall accept 4-20 mA DC. Common mode input protection of 30 V DC minimum shall be provided. 6706-38392\8/1/2003 13300-4 VRB C, Digital Output. The digital output shall be capable of providing ' dry-contact or solid state switches in either momentary (pulsed), or latched (sustained) mode to control AC or DC powered loads. d. Analog Output. The analog output shall output 4-20 mA. No external power shall be required. E. Options and Accessories Required 1 . RTU Enclosure consisting of a. RTU shall be mounted in a locking NEMA 4X Stainless Steel enclosure with the RTU completely mounted and wired and ready for operation and requiring only field, 120VAC power and antenna connections. b. 24VDC power supply with a minimum of 150% of the calculated capacity requirements. C, Terminal blocks for field connections. Field wiring connected directly to the RTU in not permitted. Provide 20 percent spare terminals. d. Lightning and surge protection for field, power and antenna connections into the cabinet. e. Enclosure sized to provide approximately 30 percent-unused space for future UO modules . f. Cabinet sunshield ' F. Manufacturer 1 . Elpro Technologies 905 Series 2 . Or approved equal 2 . 04 CENTRAL TELEMETRY UNIT (CTU) — South County WTP Plant Unit A. Type 1 . The CTU shall be a self-contained transceiver with an internal radio, capable of stand-alone operation. Unit shall provide for both input and output signals, which shall be compatible with the Owner' s PLC equipment. 2 . Frequency hopping spread spectrum operation in the license-free band of 900MHz. 3 , Minimum UO requirements : (8) DO, (8) AO and (4) PO. B . Functional/Performance 1 . Operate in the 902-928 MHz frequency range. 2 . LED indicators for transmit and receive signals, power supply status and normal operating status. 3 . Power Supply: 12-30VDC. 4• Minimum 12-bit addresses . Configurable polling time function. 5 . Peer-to-peer communications and capable of being configured as a normal transceiver or as a repeater station. 6 . Capable of accepting additional 1/0 modules for expanding control capabilities. C. Physical I . Operating temperature range: 40T to 140 T 2. Plug-in removable terminal strip for 1/0 connections . 3 . On-board, self-charging battery backup. 6706-38392\8/ 1 /2003 13300-5 VRB D. Process Interface 1 • The connections to field devices shall be provided with screw type terminal blocks with barriers between adjacent terminals for connection of field inputs . Terminals shall be suitable for accepting up to and including No. 14 AWG wire. All terminals shall be provided with unique identification in accordance with approved loop interconnection diagrams. a• Digital Inputs. The digital inputs shall provide power to dry field contacts or accept high level logic input signals. b. Analog Input. The isolated analog input shall accept 4-20 mA DC. Common mode input protection of 30 V DCminimum shall be provided. C. Digital Output. The digital output shall be capable of providing dry-contact or solid state switches in either momentary (pulsed), or latched (sustained) mode to control AC or DC powered loads. d. Analog Output. The analog output shall output 4-20 mA. No external power shall be required. E. Options and Accessories Required 1 • Enclosure consisting of a. CTU shall be mounted in a NEMA 12 enclosure with the CTU completely mounted and wired and ready for operation and requiring only connections for UO, 120VAC power and the antenna. b. 24VDC power supply sized for minimum of 150% capacity. C. Terminal block for field connections. Field wiring connected directly to the CTU in not permitted. Provide 20 percent spare terminals. d• Lightning and surge protection for power and antenna leads into the cabinet. F. Manufacturer 1 • Same as field mounted Telemetry Units 2.05 TELEMETRY SYSTEM PERFORMANCE A• General 1 • The Contractor shall supply all set-up and configuration necessary to provide a fully debugged and operating system. 2 . The RTU system shall utilize a prepackaged approach to allow its immediate use. 2. 06 LEVEL INSTRUMENTATION A. RF Type Continuous Level Transmitter 1 • Sensor a. Type: 2-wire RF Capacitance probe. b. Function/Performance: 1 ) Insertion length to 60 feet. 2) Environmental: Corrosion proof, intrinsically safe. C. Physical: 1 ) Mounting: The sensor shall be installed in a stilling well unless otherwise noted. The mounting flange shall be the same material as the stilling well material. The probe shall be inserted so that it can be easily removed for service and calibration checks . 6706-3839218/ 1/2003 13300-6 VRB 2) The probe and transmitter shall be an integrated system to be supplied by the same manufacturer. The vendor shall supply the required cable between probe and transmitter plus any other special equipment necessary for proper functioning of the system. ' 3) Installation: Coordinate length with well requirements. 4) 316 Stainless Steel probe with PFA coating and weight element. 5) 3/4-inch NPT mounting. 2 . Transmitter/Converter a. Type: Match to sensor. b. Functional/Performance : 1 ) Two-wire, Isolated 4-20 mA linear to level. 2) Integral 4-digit LCD display, 3 -button keypad calibration. 3) Power Supply: 24VDC loop powered. 4) Signal response time selectable from 1 -90 seconds. C, Physical: Electronics Housing: NEMA 4X. d. Accessories/Options Required: Unit shall be equipped with RFI Filters . 3 • Manufacturer: a. Drexelbrook Model 509-0015 -935 2 . 07 CONTROL PANELS ' A. The panels shall be suitable for wall or rack mounting. Cabinets shall have mount' Mounting holes through the body of the cabinet is not permitted. mg tabs. B . Conductors running from the field to the panels shall be continuous without splices, except at approved junction boxes. The junction boxes shall have terminal blocks . Special care shall be exercised to carry grounding lines through such junction boxes with the least possible resistance. Conduit and multi-conductor cables entering panels shall be sealed to prevent the intrusion of moisture. ' C. All components shall be mounted in a manner that shall permit servicing, adjustment, testing and removal without disconnecting, moving or removing any other component. Components mounted on the inside of panels shall be mounted on removable plates and ' not directly to the enclosure. D. Structure and Enclosure 1 . Each panel shall be provided with full height, fully gasketed access door. Doors shall be provided with heavy-duty padlock hardware. Doors shall have continuous hinges and shall be gasketed. 2 . The panels, including component parts, shall be constructed and assembled in a thoroughly workmanlike manner and shall be free from sharp edges and welding flaws. Wiring shall be free from kinks and sharp bends and shall be routed for easy access to other components for maintenance and inspection purposes. 3 . Print storage pockets shall be provided on the inside of each panel. Its size shall be sufficient to hold all of the prints required to service the equipment. E. Manufacturer I . Hoffrnan or equal. 6706-38392\8/ 1 /2003 13300-7 VRB F. Internal Electrical Wiring 1 . Panel equipment shall be mounted and wired on or within the cabinet. Wiring shall comply with the National Electrical Code. Wiring within the panel shall be grouped together with harnesses or ducts and secured to the structure. Wiring shall be numbered in compliance with the numbering system used on the a wiring/connection diagrams. Wiring and connection diagrams ISA 55.4 Instrument Loo Dia shall comply with P grams and shill be submitted by the manufacturer f as part of the Shop Drawings for review by the Engineer. 2 . Power and low voltage DC signal wiring shall be routed in s ara Crossing of the two system wires shall be at right angles . epte wire ways. 3 . Power wire shall be 14 AWG Type TH WN less than 600 volts unless specified otherwise. onductorded and s shalll be be of pinned ated or not copper construction. All interconnecting wiring, except for electronic circuits, shall be rated for not less than 90 degrees C. 4. Signal wire shall be 1 pair 16 AWG shielded. Conductors shall be of tinned copper construction. 5 . Wire color shall be: Line Power - Black; Neutral or Common - White; AC - Red; DC Control - Blue; Equipment or Chassis Ground - Green; specified Control externally powered circuits - Orange, 6• Wiring shall terminate at a master terminal board, rigid master terminal board shall have a _ ge and numbered. The 7. Terminal blocks shall be arranged in MIM w and separated intoe spares. control and DC signal). groups (Power, AC 8 • Terminal blocks shall be barrier type with the appropriate voltage rating (600 volts minimum). Terminal strips shall be provided for the purpose of control and signal wiring. They shall be the raised channel mounted type asall manufactured by phoenix, Allen Bradley or equal. 91 Wiring trough for supporting internal wiring shall be plastic type with snap on covers. The sidewalk shall be open top type to permit wire changing disconnecting. Trough shall be �g without u Trough shall not be bonded to the panel with glueoradhesivesadess steel screws. 10 . Wire connectors shall be the hook fork type with insulated barrel for crimp type compression connection to the wire. 11 . Each wire shall be provided with numbered heat shrink tubing identification markers at both ends and the numbering shall be in accordance with the Control Panel Drawings. Identification markers shall be mechanically printed. 12. Handwritten markers or paper markers will not be permitted. One side of a terminal block row shall be used for internal wiring. The field wiring side of the terminal shall not be within 6-inches of the side panel or adjacent terminal. 13 . Each panel shall be provided with an isolated copper grounding bus for all l signa and shield ground connections. Shield grounding shall be in accordance with the instrumentation manufacturer's recommendations. 14. Each panel shall be provided with a separate copper power groundi in accordance with the requirements of the National Electrical g bus (safety) 15 . Each panel shall be provided with surge suppression protection (electrical transients) for connections between AC power systems and electrical and electronic equipment. Surge suppressor grounding shall be in accordance with the manufacturer's recommendations. 6706-38392\8/1/2003 13300-8 VRB G. Components shall be mounted on plates in a manner that permit servicing, adjustment, testing, and removal without disconnecting, moving or removing any other component. Components shall not be mounted directly to the enclosure. H. Panels shall be factory tested prior to shipment. Field installation shall consist only of setting the panel in place and making necessary electrical and conduit connections. PART 3 - EXECUTION 3 .01 GENERAL INSTALLATION A. Instrumentation and accessory equipment shall be installed in accordance with the manufacturer's instructions. The locations of equipment shown on the Drawings are approximate only. Exact locations shall be as approved by the Engineer during construction. B . The instrumentation loop diagrams indicate the intent of the interconnection between the individual instruments. Any exceptions should be noted. Two complete sets of approved shop drawings shall be kept at the job site during all on-site construction. Both sets shall be identically marked up to reflect any modifications made during field installation or start-up. All markings shall be verified and initialed by the Engineer or his designated representative. C. Following completion of installation and test, one set of the marked up drawings shall be ' provided to the Engineer, the other retained by the Supplier for incorporation of the mark-ups into final as-built documentation. D . All work shall be executed in full accordance with codes and local rulings. Should any work be performed contrary to said rulings, ordinances and regulations , the Contractor shall bear full responsibility for such violations and assume all costs arising therefrom. ' E. Field instruments requiring power supplies shall be provided with local electrical shutoffs and fuses as required. F. Brackets and hangers required for mounting of equipment shall be provided. They shall be installed in a workmanlike manner and not interfere with any other equipment. G. The shield on each process instrumentation cable shall be continuous from source to destination and be grounded as directed by the manufacturer of the instrumentation equipment but in no case shall more than one ground point be employed for each shield. 3 . 02 30-DAY SITE ACCEPTANCE TEST (SAT) A. After installation is completed the Contractor shall be responsible for operation of the entire system for a period of 30 consecutive days, under conditions of full operation, without a single non-field repairable malfunction. B . During the test, Owner operating and Contractor' s personnel shall be present as required. The Contractor is expected to provide personnel for this test, who have knowledge of the system operation, functions and capabilities. 6706-38392\8/ i/2003 13300-9 VRB s C. While this test is proceeding, the Owner shall have full use of the system. Any malfunction during the tests shall be analyzed and corrections made by the Contractor. l The Engineer and/or Owner will determine whether any such malfunctions are sufficiently serious to warrant a repeat of this test. D. Any malfunction, Burin within 24 hours of Occurrence e by ths 30 e Contractor's personnel, or more thaeriod which n two o be olaed failures of any duration, will be considered as a non-field-repairable malfunction. similar E. Upon completion of repairs by the Contractor, the test shall be repeated as specified herein. p F The total availability of the system shall be period. Availability shall be defined as ',Avil b li h'ater than 99. 5 percent during this test by Total Time". " _ (Total Time-Down Time) divided 1 • Down times due to power outages or other factors outside the normal protection devices or back-up power supplies provided, shall not contribute to the availability test times above. G• Upon successful completion of the 30-day operation test the system shall be considered complete and the warranty period shall commence. red 3 . 03 TRAINING A• General 1 • The cost of Owner training program shall be included in the Contract price. 2 Training shall consist of aminimum of one 8-hour session conducted by a 3 • telemetry manufacturer's representative or factory authorized technician. Training shall be on-site for operator personnel and shall deal with fundamentals Of system hardware, field devices, instrumentation calibration and maintenance. Training shall run concurrently with start-up and testing service for up to four (4) of the Owner operations personnel. 3 .04 CONTROL SYSTEM DIAGRAMS AND DETAILS A• To assist the Contractor in determining the scope of work, loop dia provided, grams and details are B • The intent of the loop diagrams is to describe in as much detail as possible, the hardware. They are not intended to convey requirements for conduit and between pan system components. This information is included in appropriate electricalp cificatioor els and Drawings. ns END OF SECTION 6706-38392\8/ 1 /2003 13300- 10 VRB