ESBD_File_342809_RFB 43-07-1311 Enviro Lab Specifications reduced.pdf

Brazos River Authority

RFB NO. 43-07-1311

Environmental Laboratory Complex

Specifications

ISSUED FOR BID

September 13 2023

Gresham Smith

500 N Akard Street

Suite 3210

Dallas, TX 75201

September 13, 2023 Environmental Laboratory Complex

RFB No. 43-07-1311

This page is intentionally blank.

RFB No. 43-07-1311 00 01 10 - 1 Table of Contents

SECTION 00 01 10

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUREMENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 Title Page

00 01 05 Certifications Page

00 01 10 Table of Contents

00 50 00 Agreement

00 61A 00 Performance Bond

00 61B 00 Warranty Bond

00 62 00 Payment Bond

00 70 00 Standard General Conditions of the Construction Contract

00 80 00 Supplementary Conditions

SPECIFICATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00 General Requirements

01 11 00 Summary of Work

01 14 00 Work Restrictions

01 25 00 Substitution Procedures

01 26 13 Request for interpretation

01 31 00 Project Management and Coordination

01 32 00 Construction Progress Documentation

01 32 36.10 Video, Temperature and Humidity Monitoring and Documentation

01 33 00 Submittal Procedures

01 35 29 Health Safety and Emergency Response Procedures

01 40 00 Quality Requirements

01 41 00 Regulatory Requirements

01 42 16 References

01 50 00 Temporary Facilities and Controls

01 57 13 Temporary Erosion and Sediment Control

01 57 19 Temporary Environmental Controls

RFB No. 43-07-1311 00 01 10 - 2 Table of Contents

DIVISION 01 - GENERAL REQUIREMENTS

01 64 00 Owner Furnished Products

01 65 00 Product Delivery Requirements

01 66 00 Product Storage and Handling Requirements

01 71 14 Mobilization and Demobilization

01 73 00 Execution

01 74 00 Cleaning and Waste Management

01 75 00 Starting and Adjusting

01 77 00 Closeout Procedures

01 78 00 Closeout Submittals

DIVISION 2 - EXISTING CONDITIONS

02 41 00 Demolition

DIVISION 3 – CONCRETE

03 30 00 Cast-in-Place Concrete

DIVISION 4 - MASONRY

04 05 11 Masonry Mortaring and Grouting

04 20 00 Unit Masonry

04 26 13 Masonry Veneer

04 27 23 Cavity Wall Unit Masonry

04 43 13 Stone Masonry Veneer

DIVISION 5 – METALS

05 12 00 Structural Steel Framing

05 31 00 Steel Deck

05 40 00 Cold-Formed Metal Framing

05 50 00 Metal Fabrications

05 51 33 Metal Ladders

DIVISION 6 - WOOD, PLASTICS, AND COMPOSITES

06 10 53 Miscellaneous Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTIONS

07 13 00 Sheet Waterproofing

RFB No. 43-07-1311 00 01 10 - 3 Table of Contents

DIVISION 7 - THERMAL AND MOISTURE PROTECTIONS

07 21 00 Thermal Insulation

07 27 00 Air Barriers

07 42 13 Metal Wall Panels

07 54 23 Thermoplastic Polyolefin (TPO) Membrane Roofing - Carlisle

07 62 00 Sheet Metal Flashing and Trim

07 71 00 Roof Specialties

07 71 23 Manufactured Gutters and Downspouts

07 72 00 Roof Accessories

07 92 00 Joint Sealants

DIVISION 8 – OPENINGS

08 11 13 Hollow Metal Doors and Frames

08 14 16 Flush Wood Doors

08 31 00 Access Doors and Panels

08 33 23 Overhead Coiling Doors

08 43 13 Aluminum-Framed Storefronts

08 71 00 Door Hardware

08 80 00 Glazing

08 91 00 Louvers

DIVISION 9 – FINISHES

09 21 16 Gypsum Board Assemblies

09 30 00 Tiling

09 51 00 Acoustical Ceilings

09 65 16.33 Rubber Sheet Flooring

09 91 13 Exterior Painting

09 91 23 Interior Painting

DIVISION 10 – SPECIALTIES

10 14 00 Signage

10 26 00 Wall and Door Protection

10 28 00 Toilet, Bath, and Laundry Accessories

10 44 00 Fire Protection Specialties

10 73 16.13 Metal Canopies

RFB No. 43-07-1311 00 01 10 - 4 Table of Contents

DIVISION 10 – SPECIALTIES

10 73 26 Walkway Coverings

10 82 13 Exterior Grilles and Screens

DIVISION 11 - EQUIPMENT

11 53 00 Laboratory Equipment

11 53 13 Laboratory Fume Hoods and Related Products

11 53 14 Fume Extractors

DIVISION 12 – FURNISHINGS

12 24 00 Window Shades

12 35 53.13 Metal Laboratory Casework

12 36 00 Countertops

DIVISION 13 - SPECIAL CONSTRUCTION

13 34 19 Metal Building Systems

13 46 13 Lightning Protection for Structures

DIVISION 21 - FIRE SUPPRESSION

21 05 00 Common Work Results for Fire Suppression

21 10 00 Water Based Fire Suppression Systems

DIVISION 22 - PLUMBING

22 05 00 Common Work Results for Plumbing

22 05 13 Common Motor Requirements for Plumbing Equipment

22 05 19 Meter and Gauges for Plumbing Piping

22 05 23 General Duty Valves for Plumbing Piping

22 05 29 Hangers and Supports for Plumbing Piping and Equipment

22 05 53 Identification for Plumbing Piping and Equipment

22 07 00 Plumbing Insulation

22 11 16 Domestic Water Piping

22 11 19 Domestic Water Piping Specialties

22 11 23 Domestic Water Pumps

22 13 16 Drainage and Vent Piping

22 13 19 Drainage Piping Specialties

RFB No. 43-07-1311 00 01 10 - 5 Table of Contents

DIVISION 22 - PLUMBING

22 13 23 Sanitary Waste Interceptors

22 40 00 Plumbing Fixtures

22 63 13 Gas Piping for Laboratory Facilities

22 66 00 Chemical-Waste Systems for Laboratory Facilities

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 05 00 Common Work Results for HVAC

23 05 13 Common Motor Requirements for HVAC Equipment

23 05 14 Variable Frequency Motor Controllers

23 05 19 Meters and Gages for HVAC Piping

23 05 23 General Duty Valves for HVAC Piping

23 05 29 Hangers and Supports for HVAC Piping and Equipment

23 05 48 Vibration and Seismic Controls for HVAC

23 05 53 Identification for HVAC Piping and Equipment

23 05 93 Testing, Adjusting, and Balancing

23 07 13 Duct Insulation

23 07 19 HVAC Piping Insulation

23 09 00 Instrumentation and Control for HVAC

23 09 95.00 Laboratory Airflow Control System

23 11 23 Facility Natural Gas Piping

23 21 13 Hydronic Piping

23 21 23 Hydronic Pumps

23 23 00 Refrigerant Piping

23 25 00 HVAC Water Treatment

23 31 13 Metal Ducts

23 33 00 Air Duct Accessories

23 34 23 HVAC Power Ventilators

23 37 13 Diffusers, Registers, and Grilles

23 74 33 Packaged Outdoor Heating and Cooling Makeup Air Conditioners

23 81 26 Split System Air Conditioners

23 81 29 Variable Refrigerant Flow HVAC Systems

23 82 16 Air Coils

RFB No. 43-07-1311 00 01 10 - 6 Table of Contents

DIVISION 26 - ELECTRICAL

26 05 00 Common Work Results for Electrical

26 05 19 Voltage Electrical Power Conductors and Cable

26 05 26 Grounding and Bonding for Electrical Systems

26 05 29 Hangers and Supports for Electrical Systems

26 05 33 Raceways and Boxes for Electrical Systems

26 05 36 Cable Trays for Electrical Systems

26 05 43 Underground Ducts and Raceways for Electrical Systems

26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling

26 05 48 Vibration and Seismic Controls

26 05 53 Identification for Electrical Systems

26 05 73 Power Distribution Equipment Studies

26 09 23 Lighting Control Devices

26 22 13 Voltage Distribution Transformers

26 24 16 Panelboards

26 27 26 Wiring Devices

26 27 33 Power Distribution Units

26 28 13 Fuses

26 28 16 Enclosed Switches and Circuit Breakers

26 32 13.16 Gaseous Emergency Engine Generators

26 33 53 Static Uninterruptible Power Supply

26 36 00 Transfer Switches

26 41 13 Lighting Protection for Structures

26 43 13 Voltage Electrical Power Circuits

26 51 19 LED Interior Lighting

26 52 13 Emergency and Exit Lighting

26 56 19 LED Exterior Lighting

DIVISION 28 - ELECTRONIC SAFETY AND SECURITY

28 46 21.11 Addressable Fire-Alarm Systems

DIVISION 31 - EARTHWORK

31 10 00 Site Clearing

31 22 00 Grading

31 23 16 Excavation

RFB No. 43-07-1311 00 01 10 - 7 Table of Contents

DIVISION 31 - EARTHWORK

31 23 16.13 Trenching

31 23 23 Fill

31 63 29 Drilled Concrete Piers and Shafts

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 Aggregate Base Courses

32 12 16 Asphalt Paving

32 13 13 Concrete Paving

32 16 23 Sidewalks

32 17 23 Pavement Markings

32 17 26 Tactile Warning Surfacing

32 33 00 Site Furnishings

32 35 00 Wood Fences and Gates

DIVISION 33 – UTILITIES

33 01 10.58 Disinfection of Water Utility Piping Systems

33 05 61 Concrete Manholes

33 14 16 Site Water Utility Distribution Piping

33 31 13 Site Sanitary Sewerage Gravity Piping

33 42 11 Stormwater Gravity Piping

33 42 30 Stormwater Drains

33 52 16 Gas Hydrocarbon Piping

APPENDICES

Appendix 1 Geotechnical Investigation

Appendix 2 Owner Furnished Contractor Installed Equipment

Appendix 3 Contractor Furnished Contractor Installed Equipment

ISSUED: DATE:

Issue For Bid September 13, 2023

END OF TABLE OF CONTENTS

FORM – CCA10142021

00 50 00- Agreement – Environmental Laboratory Complex Page 1 of 5

00 50 00 AGREEMENT

THIS AGREEMENT is dated as of the ___day of ________in the year 2021 by and between Brazos River Authority, hereinafter called OWNER, and ____________________, 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.

Article 2. CONTRACT TIMES

2.1. Substantial Completion: Work shall be substantially complete in accordance with paragraph

14.04 of the General Conditions as modified by the Supplementary Conditions, each of which is attached hereto and incorporated herein by reference, on or before the 630th day following the date set forth in the Notice to Proceed.

2.2. Final Inspection: On-site construction activities shall be fully completed as determined by the

ENGINEER through the Final Inspection process in accordance with paragraph 14.06 of the General Conditions as modified by the Supplementary Conditions, each of which is attached hereto and incorporated herein by reference, on or before the 660th day following the date set forth in the Notice to Proceed..

2.3. Final Completion: Work shall be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions as modified by the Supplementary Conditions, each of which is attached hereto and incorporated herein by reference, on or before the 690th day following the commencement date set forth in the Notice to Proceed or the 60th day following the date of Substantial Completion, whichever is earlier.

2.4. 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 paragraphs 2.1, 2.2 and 2.3 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and the Supplementary Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER One Thousand dollars ($1,000.00) for each day that expires after the time specified in either paragraph 2.1 (Substantial Completion) or 2.2 (Final Inspection) until such milestones are achieved. After ENGINEER has issued a Certificate of Substantial Completion, CONTRACTOR shall pay OWNER One Thousand dollars ($1,000) for each day that expires after the time specified in paragraph 2.3 for Final Completion and readiness for Application for Final Payment until such milestone is achieved. CONTRACTOR will not be obligated to pay overlapping liquidated damages for concurrent delays.

Article 3. CONTRACT PRICE

OWNER agrees to pay CONTRACTOR in current U.S. funds the price or prices shown in the Bid Form attached hereto and incorporated herein, which is a part of this Agreement, such payments to be subject to the General Conditions and Supplementary Conditions which are attached hereto and incorporated herein. The total lump sum Contract Price is:

_______________________________________________________________ Dollars ($xxxxxxx.xx)

00 50 00- Agreement – Environmental Laboratory Complex Page 2 of 5

Article 4. PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions as modified by the Supplementary Conditions. Applications for Payment will be processed by OWNER as provided in the General Conditions as modified by the Supplementary Conditions.

4.1. Progress Payments. Prior to Final Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER shall determine, or OWNER may withhold, in accordance with paragraph 14.02.B.5. of the General Conditions as modified by the Supplementary Conditions.

4.1.1. Ninety (90) percent of Work completed (with the balance being retainage).

4.1.2. Ninety (90) percent (with the balance being retainage) of the approved value of materials and equipment not incorporated in the Work but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions as modified by the Supplementary Conditions.

4.1.3. Ten (10) percent of the price of the Work completed (retainage) will be withheld by the

OWNER on this Project until Final Completion.

4.2. Final Payment. Upon Final Completion of the work and acceptance of CONTRACTOR’s Final Application for Payment in accordance with paragraph 14.07.B. of the General Conditions as modified by the Supplementary Conditions, OWNER shall pay the remainder of the Contract Price.

Article 5. CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations:

5.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents including "technical data."

5.2. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work.

5.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect cost, progress, performance and furnishing of the Work.

5.4. CONTRACTOR acknowledges that OWNER does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site.

5.5. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions at or contiguous to the Site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and all safety precautions and programs incident thereto.

5.6. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with all other terms and conditions of the Contract Documents.

00 50 00- Agreement – Environmental Laboratory Complex Page 3 of 5

5.7. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

5.8. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by OWNER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by OWNER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price.

Article 6. CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following:

6.1. Request for Bids

6.2. Agreement

6.3. Certificates of Insurance

6.4. Performance Bond

6.5. Payment Bond

6.6. Warranty Bond

6.7. Standard General Conditions (of the Construction Contract.)

6.8. Supplementary Conditions

6.9. Specifications bearing the title Environmental Laboratory Complex Project, RFB No. 43-07-1311- consisting of the Divisions and Sections listed in table of contents thereof.

6.10. Drawings consisting of a cover sheet and sheets numbered 2 through 33 inclusive, as listed in the

Drawing Index on the Drawing cover sheet.

6.11. Bid Form

6.12. Vendor Compliance to State Law

6.13. Non-collusion Affidavit

6.14. All Addenda issued for the project.

6.15. Documentation submitted by CONTRACTOR prior to Notice of Award.

6.16. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto:

00 50 00- Agreement – Environmental Laboratory Complex Page 4 of 5

6.16.1. All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions.

Article 7. MISCELLANEOUS

7.1. Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions, unless such terms are contained in or have been modified by the Supplementary Conditions, which shall then prevail. Additionally, references to provisions in the General Conditions shall be inclusive of any additions and/or modifications set forth in the Supplementary Conditions, which shall then prevail.

7.1.1. The term Engineer used in this Agreement shall mean the Engineer or Engineering Firm who prepared the Drawings and Specifications for the work, or such other Engineer or Engineering Firm as the OWNER may designate.

7.2. CONTRACTOR hereby verifies that CONTRACTOR:

7.2.1. Does not currently, and will not for the term of this Agreement, boycott Israel;

7.2.2. Does not currently, and will not for the term of this Agreement, boycott any company that engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law;

7.2.3. Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this Agreement against a firearm entity or firearm trade association.

7.3. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

7.4. OWNER and CONTRACTOR each bind itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

7.5. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

7.6. Except as otherwise provided within the Contract Documents, the failure of OWNER to enforce any provision of the Contract Documents shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on OWNER, any waiver must be in writing.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR.

00 50 00- Agreement – Environmental Laboratory Complex Page 5 of 5

This Agreement will be effective on _______________, 2021 (which is the Effective Date of the Agreement).

OWNER: Brazos River Authority CONTRACTOR: _________________________

By: DAVID COLLINSWORTH By: ___________________________________

[CORPORATE SEAL]

Attest _________________________ Attest _________________________________

Address for providing notice: Address for providing notice:

4600 Cobbs Drive ________________________ Waco, Texas 76710 ________________________

NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign.

END OF SECTION

00 61A 00 – Performance Bond – Environmental Laboratory Complex Page 1 of 2

00 61A 00 PERFORMANCE BOND

STATE OF TEXAS Bond No. ________________________

COUNTY OF _______________________ C.I.P. ID No. _____________________

Project Name: Environmental Laboratory Complex

Know All Men By These Presents: That _____________________________________________ of the City of _________________________, County of ____________________________, and State of ________________________________, as Principal, and _____________________, a solvent company authorized under laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The Brazos River Authority (OWNER), in the penal sum of____________________________________________________________________________ U.S. Dollars ($ ____________________U.S.) for payment whereof, well and truly to be made, said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents:

Conditions of this Bond are such that, whereas, Principal has entered into a certain written contract with OWNER, dated the ____________ day of ____________________, ________, which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.

Now, therefore, the condition of this obligation is such, that if said Principal shall faithfully perform said Agreement and shall in all respects duly and faithfully observe and perform all and singular covenants, conditions and agreements in and by said contract agreed and covenanted by Principal to be observed and performed, and according to true intent and meaning of said Agreement hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect. If OWNER notifies Principal and Surety the OWNER is considering declaring Principal in default, Surety agrees to meet with OWNER and Principal no later than fifteen days after receipt of such notice to discuss methods of performing the Work of the Contract.

Provided, however, that this bond is executed pursuant to provisions of Chapter 2253, Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with provisions of said Article to same extent as if it were copied at length herein.

Surety, for value received, stipulates and agrees that no change in Contract Time or Contract Amount shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change in Contract Time or Contract Amount.

In witness whereof, said Principal and Surety have signed and sealed this instrument this _____________________________day of _________________________, ________.

Principal Surety

By________________________ By_____________________________ Title______________________ Title____________________________ Address___________________ Address_________________________

00 61A 00 – Performance Bond – Environmental Laboratory Complex Page 2 of 2

Telephone_______Fax____________ Telephone_______Fax____________

E-Mail Address __________________ E-Mail Address __________________

Name and address of Resident Agent of Surety:

Note: Bond shall be issued by a solvent Surety company authorized to do business in Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

A copy of surety agent's "Power of Attorney" must be attached hereto.

END of SECTION

00 61B 00 – Warranty Bond – Environmental Laboratory Complex Page 1 of 4

00 61B 00 WARRANTY BOND

1. The CONTRACTOR and the SURETY, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER for the performance of all warranty obligations in the Construction Contract, including payment of claims, subcontractors, suppliers and mechanics, as a condition of release of the Performance Bond and Payment Bond with respect to the Project by OWNER. The following terms and conditions shall apply with respect to this Bond:

1.1 The Construction Contract, including all

Contract Documents and changes made to the Construction Contract and the Contract Documents, is incorporated herein by reference.

1.2 SURETY’s obligations under this Bond shall

include the CONTRACTOR’s obligation to pay its subcontractors, suppliers and mechanics for warranty-related work or supply.

1.3 SURETY’s obligations under this Bond shall

include without limitation the CONTRACTOR’s obligation to design, fabricate, deliver, install and warrant the Work.

1.4 The guarantees contained herein shall

survive the Final Completion of the Work called for in the Construction Contract.

1.5 As a part of the obligation secured hereby

and in addition to the face amount specified, costs and reasonable expenses and fees, including reasonable attorneys’ fees incurred by OWNER in successfully enforcing the obligation, shall be included.

2. If the CONTRACTOR shall promptly and faithfully perform all of its warranty obligations for the work specified in the Construction Contract Documents, as they may be amended or supplemented, including, without limitation, the fulfillment of all specified warranties for such work and payment of claims, subcontractors, suppliers and mechanics, then the SURETY and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. Otherwise, this obligation shall remain in full force and effect.

3. If there is no OWNER Default, the SURETY's obligation under this Bond shall arise whenever the following actions are undertaken by the OWNER:

3.1. The OWNER notifies the CONTRACTOR

and the SURETY at the addresses described in paragraph 9 below, that the CONTRACTOR has failed to fulfill its warranty obligations under the terms of the Construction Contract and that the OWNER requests a conference with the CONTRACTOR and the SURETY be held not later than fifteen (15) business days after receipt of such notice to discuss methods of performing the warranty obligations under the Construction Contract. If the OWNER, the CONTRACTOR and the SURETY agree, the CONTRACTOR shall be allowed a reasonable time to perform the warranty work, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default.

3.2. The OWNER has declared a

CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the warranty obligations under the Construction Contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) business days after the CONTRACTOR and the SURETY have received notice as provided in paragraph 3.1.

4. When the OWNER has satisfied the conditions of paragraph 3, the SURETY shall promptly and at the SURETY's expense take one of the following actions:

4.1 Arrange for CONTRACTOR to perform and

complete the warranty obligations of this Bond.

4.2 Complete the warranty work itself in

accordance with the terms and conditions of the Construction Contract then in effect, through its agents or through independent vendors.

4.3 Obtain bids or negotiated proposals from

qualified vendors acceptable to the OWNER for a contract for performance and completion of the warranty work (as defined in the Construction Contract), through a procurement process approved by the OWNER, arrange for a contract to be prepared for execution by the OWNER and the vendor selected with the OWNER’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract.

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new vendor and with reasonable promptness under the circumstances, (i) reimburse the OWNER for any and all costs incurred by OWNER in performing

00 61B 00 – Warranty Bond – Environmental Laboratory Complex Page 2 of 4

CONTRACTOR’s warranty obligations, or (ii) deny liability in whole or in part and notify the OWNER citing reasons therefore.

5. If the SURETY does not proceed as provided in paragraph 4 with reasonable promptness, the SURETY shall be deemed to be in default on this Bond fifteen (15) business days after receipt of an additional written notice from the OWNER to the SURETY demanding that the SURETY perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the SURETY proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the SURETY has denied liability, in whole or in part, then without further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER, including without limitations filing suit against the SURETY under this Bond.

6. After the OWNER has terminated the CONTRACTOR's right to complete the Construction Contract, and if the SURETY elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the SURETY to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the SURETY shall not be greater than those of the OWNER under the Construction Contract. To a limit of the amount of this Bond plus reasonable expenses and fees incurred by OWNER in successfully enforcing this obligation, the SURETY is obligated without duplication for the following:

6.1. The responsibilities of the CONTRACTOR

for warranty period work as set forth in the Construction Contract, including without limitations correction of defective materials or labor.

6.2. Actual damages including additional legal, design professional and delay costs resulting from the CONTRACTOR's Default or resulting from the actions or failure to act of the SURETY.

6.3. Liquidated damages, or if no liquidated

damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR or the actions or failure to act of SURETY under Paragraph 5.

7. The SURETY shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors.

8. The SURETY hereby waives notice of any change, including changes of Contract Times, Contract Price, or Work to be performed to the Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Notice to the SURETY, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Construction Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Capitalized terms not otherwise defined hereinafter shall have the definitions set forth in the Construction Contract.

11.1. Bond: This Warranty Bond

11.2 Construction Contract: The agreement

between the OWNER and CONTRACTOR identified on the cover page of this Warranty Bond, including all Contract Documents and changes made to the agreement and the Contract Documents.

11.3. Contract Documents: As defined in the

Construction Contract.

11.4 CONTRACTOR Default: Failure of the

CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

11.5. Final Completion: As defined in the

Construction Contract.

11.6 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof.

11.7 Project: As defined in the Construction

Contract.

00 61B 00 – Warranty Bond – Environmental Laboratory Complex Page 3 of 4

11.8 Work: As defined in the Construction

Contract.

12. No alteration, modification or supplement to the warranty provisions of the Construction Contract or the nature of the work to be performed thereunder, including without limitation any extension of time for performance, shall in any way relieve the SURETY of its obligations under this Bond.

13. This document is a MODIFIED version of EJCDC® C-xxx, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved.

Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

00 61B 00 – Warranty Bond – Environmental Laboratory Complex Page 4 of 4

CONTRACTOR SURETY

Name: [Full formal name of Contractor] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Contractor’s principal place of business] [Insert address of Surety’s principal place of business]

OWNER Construction Contract

Name: [Full formal name of Owner] Description (name and location):

Address (principal place of business): [Owner’s project/contract name, and location of the project] [Address of Owner’s principal place of business]

Contract Price: [Amount from Contract]

Effective Date of Contract: [Date from Contract]

Contract’s Date of Substantial

Completion:

[Date from

Contract]

Bond

Bond Amount: [Amount] Bond Period: Commencing upon Final Completion of the Work under the Construction Contract, and continuing until [insert number of years, typically either two or three] years after such Final Completion.

Date of Bond: [Date]

Modifications to this Bond form:

☐ None ☐ See Paragraph 9

SURETY and CONTRACTOR, intending to be legally bound hereby, subject to the terms set forth herein, do each cause this Warranty Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR as Principal SURETY

(Full formal name of CONTRACTOR) (Full formal name of SURETY) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature)

Name: Name:

(Printed or typed) (Printed or typed)

Title:

Title:

Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to

CONTRACTOR, SURETY, OWNER, or other party is considered plural where applicable.

00 62 00 - Payment Bond – Environmental Laboratory Complex Page 1 of 4

00 62 00 PAYMENT BOND

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

CONTRACTOR: SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

Brazos River Authority 4600 Cobbs Drive Waco, Texas 76710

CONTRACT

Date:

Amount: $ Description: Brazos River Authority – Environmental Laboratory Complex RFB No. 43-07-1311

BOND

Date (Not earlier than Contract Date):

Amount: $ Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

Company: ___________________________.(Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

(Attach Power of Attorney)

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature: Signature:

Name and Title: Name and Title:

00 62 00 - Payment Bond – Environmental Laboratory Complex Page 2 of 4

EJCDC No. 1910-28-B (1996 Edition)Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.

00 62 00 - Payment Bond - Environmental Laboratory Complex Page 3 of 4

1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR:

2.1. Promptly makes payment, directly or indirectly, for

all sums due Claimants, and

2.2. Defends, indemnifies and holds harmless the

OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default.

3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due.

4. The Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct

contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with

the CONTRACTOR:

1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR.

5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance.

6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions:

6.1. Send an answer to the Claimant, with a copy to the

OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed

amounts.

7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work.

9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by

00 62 00 - Payment Bond - Environmental Laboratory Complex Page 4 of 4 law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct

contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of the CONTRACTOR and the CONTRACTOR'S Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

15.2. Contract: The agreement between the OWNER

and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto.

15.3. OWNER Default: Failure of the OWNER, which

has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.

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

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]

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)

00700 - 2

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

00700 - 3

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”

6.07 Patent Fees and Royalties

00700 - 4

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

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

9.09 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

00700 - 5

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays Beyond CONTRACTOR’s Control

12.04 Delays Within 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

14.09 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…