ESBD_545166_1785800787830_2_VOL1_1B Specs-v2 Updated.pdf
PDF 32 MB Posted
- Solicitation number
- 26-1392
- Issued by
- Williamson County, Texas
About this file
This is a Request for Proposal (RFP) and specifications document issued by the Brazos River Authority for the East Williamson County Regional Water System (EWCRWS) Infrastructure and Expansion project, specifically the Trinity Well and Phase 1D Projects. The RFP (No. 26-1392) was issued in July 2026 and prepared by CDM Smith, Inc., a Texas-registered engineering firm. The project encompasses comprehensive water infrastructure development including Trinity Well construction and Phase 1D expansion work, with detailed technical specifications across 46 divisions covering general conditions, general requirements, concrete work, structural elements, mechanical systems, electrical systems, process interconnections, and water treatment equipment. The document establishes the contract framework, defining the scope of work, technical standards, and procurement procedures for bidders. The specifications are organized by division with notations indicating which sections apply to Phase 1B (Trinity Well) versus Phase 1D projects, with multiple professional engineers certifying their respective technical sections.
The specifications document establishes standard contract conditions using EJCDC (Engineers Joint Contract Documents Committee) format from 1996, defining payment procedures, insurance requirements, bonding obligations, and dispute resolution mechanisms. Performance and payment bonds equal to the full contract price are required, with bonds remaining effective for at least one year after final payment. Property insurance must cover the full replacement cost of the work, with OWNER responsible for purchasing Builder's Risk coverage. The document requires CONTRACTOR to obtain liability insurance protecting against claims for bodily injury, property damage, and worker compensation, with OWNER, ENGINEER, and other identified parties listed as additional insureds. Contract conditions specify procedures for shop drawing submissions, progress payments based on accepted schedules of values, substantial completion requirements, and correction periods for defective work. The contract includes provisions for differing subsurface conditions, underground facility coordination, and equitable price adjustments where conditions materially differ from those indicated in contract documents.
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Text version
Brazos River Authority
RFP NO. 26-1392
EAST WILLIAMSON COUNTY
REGIONAL WATER SYSTEM
EWCRWS Infrastructure and Expansion Trinity Well and Phase 1D Projects
Volume 1 – Trinity Well, Phase 1B
ISSUED FOR PROPOSAL
Division 00 GENERAL CONDITIONS and
SUPPLEMENTAL CONDITIONS
Division 01 GENERAL REQUIREMENTS
JULY 2026
CDM Smith, Inc.
8310-1 N. Capital of Texas Hwy
Suite 250, Austin, TX, 78731 www.cdmsmith.com
Texas Registered Engineering Firm F-3034
Divisions 02-46 TECHNICAL SPECIFICATIONS, Phase 1B
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
EWCRWS Infrastructure and Expansion Trinity Well and Phase 1D Projects
Brazos River Authority July 2026
9323-291797/294846 000107-1 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
SEALS PAGES
EWCRWS Infrastructure and Expansion Trinity Well and PHASE 1D Projects Issued for Bid Design Specifications
The following individuals hereby certify that the accompanying design drawings and specifications were prepared under their direct supervision relative to their professional practice and demonstrated competency.
Specifications:
Trinity Well Project and Phase 1D Project:
Divisions: 00 and 01 (except 018819, 018839), 02, and 41, Sections: 329200, 330516.13 Phase 1D Project:
323113D
Glenn D. Barin General/ Civil CDM Smith – TBPE Firm Registration No. F-304
Specifications:
Trinity Well Project and Phase 1D Project:
Divisions: 33 Sections: 311000, 312323.33, 312500, 313700B, 321313, 321373, 321713, 329119, 400506, 400507, 400519, 400524, 400551, 400553, 400557, 400564, 400567.13, 400593.23, 404113.13D, 430553, 432356.13, 434163D, 460553, 464117 Trinity Well Project:
313700, 321723, 404213, 434164 Phase 1D Project:
400523, 400559.23, 400565.23, 400578.13, 400582, 404113.13, 434163, 464111, 464353, 466113, 466119, 466123.15
Steven V. Lynk Process Mechanical/ Civil CDM Smith TBPE Firm Registration No. F-3043
Brazos River Authority July 2026
9323-291797/294846 000107-2 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
Specifications:
Trinity Well Project and Phase 1D Project:
Sections: 400531, 400553, 400567.39, 463111, 463344, 463373 Phase 1D Project:
Sections: 434143, 463126.15
Christopher Fahlin Process Mechanical - Chemical CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project:
Divisions: 03, 05 Sections: 018839, 034213, 067413, 083483
Alan H. Hahn Structural Design CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Phase 1D Project:
Divisions: 03, 05, 13 (except 134714) Sections: 018819, 067413
Samuel V. Gil Structural Design CDM Smith – TBPE Firm Registration No. F-3043
7/20/2026
Brazos River Authority July 2026
9323-291797/294846 000107-3 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
Specifications:
Trinity Well Project:
Section: 077200B
Stephen Burdett HVAC/ Building Mechanical CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project and Phase 1D Project:
Divisions: 07 (except 077200B), 08 (except 083483B), 09, and 13 (except 134714) Sections: 061000, 066400 Phase 1D Project:
Divisions: 04, 10, 12
Ferdinand M. De Guzman Finishes CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project and Phase 1D Project:
Sections: 310515, 310519.13, 310519.16, 310519.16A, 312000, 312319, 312333, 315000, 321123, 321216 Phase 1D Project:
Section: 310900
Sochan (Jason) Jung Geotechnical
Brazos River Authority July 2026
9323-291797/294846 000107-4 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
Specifications:
Trinity Well Project and Phase 1D Project:
Division: 26
Arturo Vasquez Electrical CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project and Phase 1D Project:
Division: 27 Sections: 406121.20, 406126, 406263, 406343, 406613, 406717, 406733, 406763, 407000, 407000A, 407113, 407143, 407250, 407313, 407326, 407363, 407463, 407469, 407521, 407563, 407813, 407816, 407819, 407853, 407856, 407859, 407939 Trinity Well Project:
Sections: 406100, 406196, 407513, 407529 Phase 1D Project:
Sections: 406100, 406196, 406866, 407179, 407213, 407276 407323, 407329, 407336, 407553, 407823
Jerry Haire Instrumentation and Controls Systems CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project and Phase 1D Project:
Section: 134714
Christopher L. Sheldon Cathodic Protection V&A Consulting – TBPE Firm Reg. No. 9154
Brazos River Authority July 2026
9323-291797/294846 000107-5 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
Specifications:
Trinity Well Project and Phase 1D Project:
Sections: 400567.39 Phase 1D Project:
Sections: 400578.19, 432426.16
Michael R. Clough Process Mechanical (RWPS) Walker Partners – TBPE Firm Reg. No. F-8053
Specifications:
Trinity Well Project and Phase 1D Project:
Divisions: 22, 23 Phase 1D Project:
Sections: 400561D, 400562D
Gibson G. Mammen Plumbing/ Building Mechanical CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Phase 1D Project:
Division: 28
Anjali Paithankar Security
Brazos River Authority July 2026
9323-291797/294846 000107-6 Seals Pages RFP No. 26-1392 ©CDM SMITH 2026
Specifications:
Trinity Well Project and Phase 1D Project:
Sections: 400567.39 Phase 1D Project:
Sections: 400565.23, 400578.13, 400578.29, 432358, 432426.15, 432513.35
Wenjing (Lisa) Cheng Process Mechanical CDM Smith – TBPE Firm Registration No. F-3043
Specifications:
Trinity Well Project:
Section: 236514.13
Andras Nady Cooling Tower
7-20-26
Brazos River Authority EWCRWS Infrastructure and Expansion July 2026 Trinity Well and Phase 1D Projects
9323-291797/294846 1 Table of Contents RFP No. 26-1392 ©CDM SMITH 2026
SECTION 000110 - TABLE OF CONTENTS
PROCUREMENT AND CONTRACTING DOCUMENTS GROUP
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS (Common to 1B and 1D)
000107 SEALS PAGES
007000 GENERAL CONDITIONS
008000 SUPPLEMENTARY CONDITIONS
DIVISION 01 - GENERAL REQUIREMENTS (Procurement and Contracting, Common to 1B and 1D))
010000 GENERAL REQUIREMENTS
011000 SUMMARY OF WORK
011400 WORK RESTRICTIONS
012000 PRICE AND PAYMENT PROCEDURES
012500 SUBSTITUTION PROCEDURES
012600 CONTRACT MODIFICATION PROCEDURES
012613 REQUESTS FOR INTERPRETATIONS
013100 PROJECT MANAGEMENT AND COORDINATION
013200 CONSTRUCTION PROGRESS DOCUMENTATION
013300 SUBMITTAL PROCEDURES
013529 HEALTH, SAFETY, AND EMERGENCY RESPONSE PROCEDURES
014000 QUALITY REQUIREMENTS
014100 REGULATORY REQUIREMENTS
014216 REFERENCES
015000 TEMPORARY FACILITIES AND CONTROLS
015680 SECURITY MEASURES
015700 TEMPORARY CONTROLS
016500 PRODUCT DELIVERY REQUIREMENTS
016600 PRODUCT STORAGE AND HANDLING REQUIREMENTS
017114 MOBILIZATION AND DEMOBILIZATION
017300 EXECUTION
017400 CLEANING AND WASTE MANAGEMENT
017500 STARTING AND ADJUSTING
017700 CLOSEOUT PROCEDURES
017800 CLOSEOUT SUBMITTALS
TECHNICAL SPECIFICATIONS GROUP
Note Use of the following Suffixes:
Specification Numbers followed by “B” Are Unique to Phase 1B Specification Numbers followed by “D” Are Unique to Phase 1D Specifications NOT denoted with B/D suffixes are common to both phases
DIVISION 01 - GENERAL REQUIREMENTS (TECHNICAL)
018819D TIGHTNESS TESTING PERFORMANCE REQUIREMENTS
018839 WIND PERFORMANCE REQUIREMENTS
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DIVISION 02 - EXISTING CONDITIONS
024119 SELECTIVE DEMOLITION
DIVISION 03 – CONCRETE
030130.71 MODIFICATIONS TO EXISTING CONCRETE
031000 CONCRETE FORMING AND ACCESSORIES
031500 CONCRETE JOINTS AND ACCESSORIES
032000 CONCRETE REINFORCING
033000 CAST-IN-PLACE CONCRETE
033500 CONCRETE FINISHING
033900 CONCRETE CURING
034100B PRECAST STRUCTURAL CONCRETE
034213D PRECAST CONCRETE BUILDING
036000 GROUTING
DIVISION 04 – MASONRY
042200D CONCRETE UNIT MASONRY
042300D GLASS UNIT MASONRY
DIVISION 05 – METALS
050519 POST INSTALLED ANCHORS AND REINFORCING BARS
052100D STEEL JOIST FRAMING
053100D STEEL DECKING
055000 METAL FABRICATION
055119D METAL STAIRS
055200 METAL RAILINGS
055313D BAR GRATINGS
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
061000D ROUGH CARPENTRY
066400D PLASTIC PANELING
067413 FIBERGLASS REINFORCED PLASTIC COMPONENTS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
070150.19D PREPARATION FOR REFOOFING
071900D WATER REPELLENTS
072100D THERMAL INSULATION
074113.16D STANDING-SEAM METAL ROOF PANELS
074213.19D INSULATED METAL WALL PANELS
074293D SOFFIT PANELS
075216D SBS MODIFIED BITUMINOUS MEMBRANE ROOFING
076200D SHEET METAL FLASHING AND TRIM
077200B ROOF HATCHES
079200 JOINT SEALTANTS
DIVISION 08 – OPENINGS
081500D FIBERGLASS REINFORCED PLASTIC DOORS AND FRAMES
083113D ACCESS DOORS AND FRAMES
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083323D OVERHEAD COILING DOORS
083483B FLOOR DOORS
085113D ALUMINUM WINDOWS
086200D UNIT SKYLIGHTS
087100D DOOR HARDWARE
088000D GLAZING
089119D FIXED LOUVERS
DIVISION 09 – FINISHES
090690D PAINT COLOR SCHEDULE
092216D NON-STRUCTURAL METAL FRAMING
092900D GYPSUM BOARD
093013D CERAMIC TILING
095123D ACOUSTICAL TILE CEILINGS
099123D INTERIOR PAINTING
099673.13D WATER TREATMENT AND PURIFICATION SYSTEM COATINGS
099673.23D WATER PRELIMINARY TREATMENT COATINGS
099673.33D WATER TREATMENT CHEMICAL STORAGE COATINGS
099673.53D WATER TREATMENT TRANSMISSION SYSTEM COATINGS
099679B ATMOSPHERIC PROTECTION AND PLANT SERVICE AREAS COATINGS
099679AB COATINGS SCHEDULE
DIVISION 10 – SPECIALTIES
101416D PLAQUES
101423D PANEL SIGNAGE
101423.16D ROOM-IDENTIFICATION PANEL SIGNAGE
102800D TOILET, BATH, AND LAUNDRY ACCESSORIES
104317D FIRST AID KITS
104416D FIRE EXTINGUISHERS
DIVISION 12 – FURNISHINGS
123623.13D PLASTIC-LAMINATE-CLAD COUNTERTOPS
DIVISION 13 - SPECIAL CONSTRUCTION
133123D TENSIONED FABRIC STRUCTURES
133419D METAL BUILDING SYSTEMS
134714 CATHODIC PROTECTION SYSTEM
DIVISION 22 - PLUMBING
220517D SLEEVES AND SLEEVE SEALS FOR PLUMBING PIPING AND EQUIPMENT
220529D HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT
220553D IDENTIFICATION FOR PLUMBING PIPING AND EQUIPMENT
220719D PLUMBING PIPING INSULATION
221116 DOMESTIC WATER PIPING
221119 DOMESTIC WATER PIPING SPECIALTIES
221123.13B DOMESTIC-WATER PACKAGED BOOSTER PUMPS
221316D SANITARY WASTE AND VENT PIPING
221319D SANITARY WASTE PIPING SPECIALTIES
221319.13D SANITARY DRAINS
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221429 PACKAGED PROCESS DRAIN PUMPS
221430 SUMP PUMPS
223300D ELECTRIC, DOMESTIC-WATER HEATERS
224213.13D COMMERCIAL WATER CLOSETS
224216.13D COMMERCIAL LAVATORIES
224216.16D COMMERCIAL SINKS
224713D DRINKING FOUNTAINS
DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)
230513 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
230517 SLEEVES AND SLEEVE SEALS FOR HVAC PIPING
230529 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT
230548.13 VIBRATION CONTROLS FOR HVAC
230593 TESTING, ADJUSTING, AND BALANCING FOR HVAC
230713D DUCT INSULATION
230719D HVAC PIPING INSULATION
230923.12D CONTROL DAMPERS
230923.17 TEMPERATURE INSTRUMENTS
232113 HYDRONIC PIPING
232116 HYDRONIC PIPING SPECIALTIES
233113D METAL DUCTS
233116D NONMETAL DUCTS
233300D AIR DUCT ACCESSORIES
233423 HVAC POWER VENTILATORS
236514.13B OPEN-CIRCUIT, INDUCED-DRAFT, CROSSFLOW COOLING TOWERS
233713.23D REGISTERS AND GRILLES
233723D HVAC GRAVITY VENTILATORS
236514.13B OPEN-CIRCUIT, FORCED-DRAFT COOLING TOWERS
237416.13D PACKAGED, LARGE-CAPACITY, ROOFTOP AIR-CONDITIONING UNITS
238113.11D PACKAGED TERMINAL AIR-CONDITIONERS, THROUGH-WALL UNITS
238113.13B PACKAGED TERMINAL AIR-CONDITIONERS, OUTDOOR, WALL-MOUNTED UNITS
238126D SPLIT-SYSTEM AIR CONDITIONERS
238239.19 WALL AND CEILING UNIT HEATERS
DIVISION 26 – ELECTRICAL
260010 SUPPLEMENTAL REQUIREMENTS FOR ELECTRICAL
260011D FACILITY PERFORMANCE REQUIREMENTS FOR ELECTRICAL
260505 SELECTIVE DEMOLITION FOR ELECTRICAL
260519 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
260523 CONTROLVOLTAGE ELECTRICAL POWER CABLES
260526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
260529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
260533.13 CONDUITS FOR ELECTRICAL SYSTEMS
260533.16B BOXES AND COVERS FOR ELECTRICAL SYSTEMS
260533.23D SURFACE RACEWAYS FOR ELECTRICAL SYSTEMS
260536 CABLE TRAYS FOR ELECTRICAL SYSTEMS
260543 UNDERGROUND DUCTS AND RACEWAYS FOR ELECTRICAL SYSTEMS
260544D SLEEVES AND SLEEVE SEALS FOR ELECTRICAL RACEWAYS AND CABLING
260553 IDENTIFICATION FOR ELECTRICAL SYSTEMS
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260573 POWER SYSTEM STUDIES
260800 COMMISSIONING OF ELECTRICAL SYSTEMS
260923D LIGHTING CONTROL DEVICES
262200 LOW-VOLTAGE TRANSFORMERS
262413 SWITCHBOARDS
262416 PANELBOARDS
262419B MOTOR-CONTROL CENTERS
262505 480V CONTROL PANELS
262716 ELECTRICAL CABINETS AND ENCLOSURES
262726 WIRING DEVICES
262813 FUSES
262816 ENCLOSED SWITCHES AND CIRCUIT BREAKERS
262923 VARIABLE-FREQUENCY MOTOR CONTROLLERS
263600 TRANSFER SWITCHES
264113 LIGHTNING PROTECTION FOR STRUCTURES
264313 SURGE PROTECTIVE DEVICES FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS
265000 LIGHTING
265613 LIGHTING POLES AND STANDARDS
DIVISION 27 – COMMUNICATIONS
270526 GROUNDING AND BONDING FOR COMMUNICATIONS SYSTEMS
270528 PATHWAYS FOR COMMUNICATIONS SYSTEMS
270553 IDENTIFICATION FOR COMMUNICATIONS SYSTEMS
271116D COMMUNICATIONS RACKS, FRAMES, AND ENCLOSURES
271323 COMMUNICATIONS OPTICAL FIBER BACKBONE CABLING
271513 COMMUNICATIONS COPPER HORIZONTAL CABLING
271523 COMMUNICATIONS OPTICAL FIBER HORIZONTAL CABLING
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
282000D VIDEO SURVEILLANCE
DIVISION 31 – EARTHWORK
310515 SOILS AND AGGREGATES FOR EARTHWORK
310519.13 GEOTEXTILES FOR EARTHWORK
310519.16 GEOMEMBRANE LINERS
310519.16A HDPE GEOMEMBRANE TABLES
310900D GEOTECHNICAL INSTRUMENTATION AND MONITORING
311000 SITE CLEARING
312000 EARTHWORK
312319 DEWATERING
312323.33 FLOWABLE FILL
312333 TRENCHING AND BACKFILLING
312500 EROSION AND SEDIMENTATION CONTROLS
313700B RIPRAP
315000 EXCAVATION SUPPORT AND PROTECTION
DIVISION 32 - EXTERIOR IMPROVEMENTS
321123 AGGREGATE BASE COURSES
321216 ASPHALT PAVING
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321313 CONCRETE PAVING
321373 CONCRETE PAVING JOINT SEALANTS
321713 PARKING BUMPERS
321723 PAVEMENT MARKINGS
323113D CHAIN LINK FENCES AND GATES
329119 LANDSCAPE GRADING
329200 TURF AND GRASSES
DIVISION 33 – UTILITIES
330513 MANHOLES AND STRUCTURES
330516.13 PRECAST CONCRETE UTILITY STRUCTURES
330519 BURIED DUCTILE-IRON UTILITY PIPE FOR WATER SERVICE
330524.23 STEEL UTILITY PIPE FOR WATER SERVICE
330526D UTILITY IDENTIFICATION
330531.16 POLYVINYL CHLORIDE PRESSURE PIPE FOR WATER SERVICE
330533.23 POLYETHYLENE PRESSURE PIPE FOR WATER SERVICE
331216 WATER UTILITY DISTRIBUTION GATE VALVES
331219 WATER UTILITY DISTRIBUTION FIRE HYDRANTS
331300 DISINFECTING OF WATER UTILITY DISTRIBUTION
331419 BURIED VALVES – BASIC REQUIREMENTS
333100D SANITARY UTILITY SEWERAGE PIPING
333256D FOUNDATION DRAIN WETWELL AND PUMPING SYSTEM
333400B SANITARY UTILITY SEWERAGE FORCE MAINS
334100D STORM UTILITY DRAINAGE PIPING
334213 PIPE CULVERTS
DIVISION 40 - PROCESS INTERCONNECTIONS
400506 COUPLING, ADAPTERS AND SPECIALS FOR PROCESS PIPING
400507 HANGERS AND SUPPORTS FOR PROCESS PIPING
400519 DUCTILE IRON PROCESS PIPE
400523D STAINLESS STEEL PROCESS PIPE AND TUBING
400524 STEEL PROCESS PIPE
400531 THERMOPLASTIC PROCESS PIPE
400551 COMMON REQUIREMENTS FOR PROCESS VALVES
400551A VALVE SCHEDULE
400553 IDENTIFICATION OF PROCESS PIPING
400557 ACTUATORS FOR PROCESS VALVES AND GATES
400559.23D STAINLESS STEEL SLIDE GATES
400561D GATE VALVES
400562D PLUG VALVES
400563 BALL VALVES
400564 BUTTERFLY VALVES
400565.23D SWING CHECK VALVES
400567.13 REDUCED PRESSURE ZONE BACKFLOW PREVENTORS FOR PROCESS SERVICE
400567.39 PRESSURE RELIEF VALVES
400578.13D AIR-VACUUM VALVES FOR WATER SERVICE
400578.19D COMBINATION AIR VALVES FOR WATER SERVICE
400578.29D COMBINATION AIR VALVES FOR WASTEWATER SERVICE
400582D SOLENOID VALVES FOR PROCESS SERVICE
400593.23 LOW-VOLTAGE MOTOR REQUIREMENTS FOR PROCESS EQUIPMENT
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404113.13D PROCESS PIPING ELECTRICAL RESISTANCE HEAT TRACING
404213B PROCESS PIPING INSULATION
406100B PROCESS CONTROL AND ENTERPRISE MANAGEMENT SYSTEMS GENERAL PROVISIONS
406100D PROCESS CONTROL AND ENTERPRISE MANAGEMENT SYSTEMS GENERAL PROVISIONS
406121.20 PROCESS CONTROL SYSTEM TESTING
406126 PROCESS CONTROL SYSTEM TRAINING
406196B PROCESS CONTROL DESCRIPTIONS
406196D PROCESS CONTROL DESCRIPTIONS
406263 OPERATOR INTERFACE TERMINALS
406343 PROGRAMMABLE LOGIC CONTROLLERS
406613 SWITCHES AND ROUTERS
406717 INDUSTRIAL ENCLOSURES
406733 PANEL WIRING
406763 CONTROL PANEL MOUNTED UPS
406866D CONFIGURATION OF CONTROLLER SOFTWARE
407000 INSTRUMENTATION FOR PROCESS SYSTEMS
407000A INSTRUMENT LIST
407113 MAGNETIC FLOW METERS
407143 VARIABLE AREA FLOW METERS
407179D FLOW SWITCHES
407213D ULTRASONIC LEVEL METERS
407250 CONDUCTIVITY SENSOR LEVEL CONTROL SYSTEM
407276D LEVEL SWITCHES
407313 PRESSURE AND DIFFERENTIAL PRESSURE GAUGES
407323D ABSOLUTE PRESSURE TRANSMITTERS
407326 GAUGE PRESSURE TRANSMITTERS
407329D DIFFERENTIAL PRESSURE TRANSMITTERS
407336D PRESSURE AND DIFFERENTIAL PRESSURE SWITCHES
407363 DIAPHRAGM SEALS
407463 TEMPERATURE TRANSMITTERS
407469 THERMOWELLS, PROTECTION TUBES, AND TEST THERMOWELLS
407513B pH/ORP ANALYZERS
407521 CHLORINE ANALYZERS
407529B DISSOLVED AMMONIA ANALYZERS
407553D TURBIDITY ANALYZERS
407563 MONOCHLORAMINE ANALYZERS
407813 INDICATORS AND METERS
407816 INDICATING LIGHTS
407819 SWITCHES AND PUSH BUTTONS
407823D POTENTIOMETERS AND MANUAL CONTROLLERS
407853 RELAYS
407856 ISOLATORS, INTRINSINCALLY SAFE BARRIERS, AND SURGE SUPPRESSORS
407859 POWER SUPPLIES
407939 SIGNAL CONDITIONERS AND CONVERTERS
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DIVISION 41 - MATERIAL PROCESSING AND HANDLING EQUIPMENT
412213.19D JIB CRANES
412223.19D MONORAIL HOISTS
DIVISION 43 - PROCESS GAS AND LIQUID HANDLING, PURIFICATION AND STORAGE EQUIPMENT
430553 IDENTIFICATION FOR PROCESS GAS AND LIQUID HANDLING EQUIPMENT
432356.13 MAGNETIC DRIVE GEAR PUMPS
432358D ROTARY LOBE PUMPS
432426.15D VERTICAL TURBINE SHORT-SET PUMPS
432426.16D VERTICAL TURBINE SHORT-SET WET PIT PUMPS
432513.35D WET-PIT SUBMERSIBLE SOLIDS HANDLING PUMPS
434143D HIGH DENSITY POLYETHYLENE TANKS
434163D WIRE AND STRAND WRAPPED PRESTRESSED CONCRETE TANKS
434164B CONNECTION TO EXISTING WIRE AND STRAND WRAPPED PRESTRESSED CONCRETE
CLEARWELL
DIVISION 46 - WATER AND WASTEWATER EQUIPMENT
460553 IDENTIFICATION OF WATER AND WASTEWATER EQUIPMENT
463111 CHLORINE GAS FEED EQUIPMENT
463126.15D EMERGENCY GAS TREATMENT SYSTEM – CHLORINE
463344 PERISTALTIC METERING PUMPS
463373 LIQUID CHEMICAL DIFFUSERS
464111D RAPID MIXERS
464117 INLINE STATIC MIXERS
464353D SOLIDS CONTACT CLARIFIER EQUIPMENT
466113D FILTER MEDIA
466119D FIBERGLASS REINFORCED PLASTIC WASHWATER TROUGHS
466123.15D FILTER UNDERDRAIN SYSTEM
APPENDICES
APPENDIX A – 1B GEOTECHNICAL REPORT
APPENDIX B – 1D GEOTECHNICAL REPORT
APPENDIX C – SUBSURFACE UTILITY TEST HOLE DATA
END OF TABLE OF CONTENTS
EJCDC No. 1910-8 (1996 Edition ) 000700-0
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
[INSERT LOGOS]
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 [seal] Contractors of
America Construction Specifications Institute
[seal]
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.
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).
EJCDC No. 1910-8 (1996 Edition ) 000700-1
Copyright ©1996
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
EJCDC No. 1910-8 (1996 Edition ) 000700-2
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
1.02 Terminology
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
2.02 Copies of Documents
2.03 Commencement of Contract Times; Notice to Proceed
2.04 Starting the Work
2.05 Before Starting Construction
2.06 Preconstruction Conference
2.07 Initial Acceptance of Schedules
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
3.02 Reference Standards
3.03 Reporting and Resolving Discrepancies
3.04 Amending and Supplementing Contract Documents
3.05 Reuse of Documents
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS
4.01 Availability of Lands
4.02 Subsurface and Physical Conditions
4.03 Differing Subsurface or Physical Conditions
4.04 Underground Facilities
4.05 Reference Points
4.06 Hazardous Environmental Condition at Site
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
5.02 Licensed Sureties and Insurers
5.03 Certificates of Insurance
5.04 CONTRACTOR’s Liability Insurance
5.05 OWNER’s Liability Insurance
5.06 Property Insurance
5.07 Waiver of Rights
5.08 Receipt and Application of Insurance Proceeds
5.09 Acceptance of Bonds and Insurance; Option to Replace
5.10 Partial Utilization, Acknowledgment of Property Insurer
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES
6.01 Supervision and Superintendence
6.02 Labor; Working Hours
6.03 Services, Materials, and Equipment
6.04 Progress Schedule
6.05 Substitutes and “Or-Equals”
6.06 Concerning Subcontractors, Suppliers, and Others
6.07 Patent Fees and Royalties
6.08 Permits
EJCDC No. 1910-8 (1996 Edition ) 000700-3
6.09 Laws and Regulations
6.10 Taxes
6.11 Use of Site and Other Areas
6.12 Record Documents
6.13 Safety and Protection
6.14 Safety Representative
6.15 Hazard Communication Programs
6.16 Emergencies
6.17 Shop Drawings and Samples
6.18 Continuing the Work
6.19 CONTRACTOR’s General Warranty and Guarantee
6.20 Indemnification
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
7.02 Coordination
ARTICLE 8 - OWNER’S RESPONSIBILITIES
8.01 Communications to Contractor
8.02 Replacement of ENGINEER
8.03 Furnish Data
8.04 Pay Promptly When Due
8.05 Lands and Easements; Reports and Tests
8.06 Insurance
8.07 Change Orders
8.08 Inspections, Tests, and Approvals
8.09 Limitations on OWNER’s Responsibilities
8.10 Undisclosed Hazardous Environmental Condition
8.11 Evidence of Financial Arrangements
ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION
9.01 OWNER’S Representative
9.02 Visits to Site
9.03 Project Representative
9.04 Clarifications and Interpretations
9.05 Authorized Variations in Work
9.06 Rejecting Defective Work
9.07 Shop Drawings, Change Orders and Payments
9.08 Determinations for Unit Price Work
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work
9.10 Limitations on ENGINEER’s Authority and Responsibilities
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
10.02 Unauthorized Changes in the Work
10.03 Execution of Change Orders
10.04 Notification to Surety
10.05 Claims and Disputes
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
11.02 Cash Allowances
11.03 Unit Price Work
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
EJCDC No. 1910-8 (1996 Edition ) 000700-4
12.02 Change of Contract Times
12.03 Delays Beyond CONTRACTOR’s Control
12.04 Delays Within CONTRACTOR’s Control
12.05 Delays Beyond OWNER’s and CONTRACTOR’s Control
12.06 Delay Damages
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
13.01 Notice of Defects
13.02 Access to Work
13.03 Tests and Inspections
13.04 Uncovering Work
13.05 OWNER May Stop the Work
13.06 Correction or Removal of Defective Work
13.07 Correction Period
13.08 Acceptance of Defective Work
13.09 OWNER May Correct Defective Work
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
14.02 Progress Payments
14.03 CONTRACTOR’s Warranty of Title
14.04 Substantial Completion
14.05 Partial Utilization
14.06 Final Inspection
14.07 Final Payment
14.08 Final Completion Delayed
14.09 Waiver of Claims
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.01 OWNER May Suspend Work
15.02 OWNER May Terminate for Cause
15.03 OWNER May Terminate For Convenience
15.04 CONTRACTOR May Stop Work or Terminate
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
17.02 Computation of Times
17.03 Cumulative Remedies
17.04 Survival of Obligations
17.05 Controlling Law
EJCDC No. 1910-8 (1996 Edition ) 007000-5
ARTICLE 1 - DEFINITIONS AND
TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof.
1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents.
2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work.
3. Application for Payment--The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.
5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids).
7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements.
8. Bonds--Performance and payment bonds and other instruments of security.
9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.
12. Contract Documents--The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER’s written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents.
13. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work).
14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER’s written recommendation of final payment.
15. CONTRACTOR--The
007000-6 individual or entity with whom OWNER has entered into the Agreement.
16. Cost of the Work--See paragraph 11.01.A for definition.
17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not DDrawings as so defined.
18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
19. ENGINEER--The individual or entity named as such in the Agreement.
20. ENGINEER's Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER’s independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions.
21. Field Order--A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.
22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.
23. Hazardous Environmental Condition-- The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.
24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
25. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.
27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.
28. Notice of Award--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement.
29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents.
30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed.
31. Partial Utilization--Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
32. PCBs--Polychlorinated biphenyls.
33. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.
34. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents.
35. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is
007000-7 contained in the table(s) of contents.
36. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
37. Resident Project Representative-- The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof.
38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some pPortion of the Work and which establish the standards by which such portion of the Work will be judged.
39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work.
40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR.
41. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.
42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site.
43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.
44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions.
45. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any
Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
47. Unit Price Work--Work to be paid for on the basis of unit prices.
48. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.
50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or
007000-8 nontechnical rather than strictly construction-related aspects of the Contract Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms “as allowed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless tthere is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents.
B. Day
1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.
2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.
4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, “provide” is implied.
E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence
007000-9 to run on the 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 Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.
2.05 Before Starting Construction
A. CONTRACTOR’s Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements.CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof.
B. a preliminary progress schedule indicat- ing the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;
1. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and
2. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.
C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
B. Unless otherwise provided in the Contract Docu-ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B.
CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER.
1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul-ing, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR’s full responsibility therefor.
2. CONTRACTOR’s schedule of Shop Drawing and Sample submittals will be
007000-10 acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals.
3. CONTRACTOR’s schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS:
INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip- ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER.
C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or 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 code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04;
provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provi-sions of the Contract
007000-11
Documents would result in violation of such Law or Regulation).
3.04 Amending and
Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment;
(ii) a Change Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER’s approval of a Shop Drawing or Sample; or
(iii) ENGINEER’s written interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER’s Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site.
OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities.
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