BID DOCUMENTS FOR IFB 16-PW-007 RECYCLED WATER TANK AT WELL SITE 10A. CORR Project WW1495 CITY OF RIO RANCHO, NEW MEXICO

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1 BID DOCUMENTS FOR IFB 16-PW-007 RECYCLED WATER TANK AT WELL SITE 10A CORR Project WW1495 CITY OF RIO RANCHO, NEW MEXICO January 2016 PREPARED BY: City of Rio Rancho Department of Finance/Purchasing Division 3200 Civic Center Circle, NE Rio Rancho, New Mexico Phone (505)

2 TABLE OF CONTENTS IFB 16-PW-007 DESCRIPTION PAGE(S) Advertisement for Bid 3 Instructions to Bidders 4 to 20 Acknowledgment Form 21 Notice to Contractors 22 to 24 Supplementary Conditions 25 to 39 Sample Contract Forms Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price 40 to 46 Performance Bond 47 to 48 Labor and Materials Payment Bond 49 to 50 Bid Submission Packet Bid submission packet must include the following items: Bid Submission Cover Page 51 Bid Form 52 to 59 Bidder's Listing of Subcontractors for Compliance with Subcontractor's Fair Practices Act 60 Bid Bond 61 to 62 Local/Area/Resident/Resident Veteran/Recycled Content Goods Preference Certification Form 63 to 65 Resident Veteran Preference Certification 66 EEOC Form 67 Non-Collusion Affidavit 68 Project Specifications and Attachments Wage Rate Determination (As Attached) 2007 Standard General Conditions of Construction Contract (EJCDC) (As Attached) Supplemental Technical Specifications and Drawings (As Attached) 2

3 IFB 16-PW-007 CITY OF RIO RANCHO IFB 16-PW-007 RECYCLED WATER TANK AT WELL SITE 10A Sealed bids for the project will be received at the Office of the City Clerk, City of Rio Rancho, in City Hall, 3200 Civic Center Circle NE, 1 st Floor, Room #150, Rio Rancho New Mexico 87144, no later than 2:00 p.m., Local time, January 14, 2016, at which time the public opening and reading of bids received will be conducted in the Department of Financial Services Conference Room located on the 3 rd floor of City Hall. Project Description: The City of Rio Rancho is soliciting formal bids for the construction of a 2.0 million gallon recycled water tank located at well site 10A including associated piping to tie into the City's existing recycle system. A mandatory Pre-Bid conference will be held at 10:00 a.m., Local time, December 30, 2015 at 10:00 a.m. in the Department of Financial Services Conference Room, City of Rio Rancho, in City Hall, 3200 Civic Center Circle NE, Room 300, Rio Rancho, NM Attendance at the Pre-Bid is mandatory to qualify to submit a bid for this project. Plans, Specifications and other Contract Documents, including instructions to Bidders and Bid Forms. Files are available on the City of Rio Rancho s IFB/RFP Postings web page via the following link in electronic format only: Bidders are asked to be patient while downloading these files from the website. Bidders are responsible for the cost associated with printing hardcopy Construction Plans and Contract Documents from these files. In addition, hardcopies of printed plan sets may be obtained at the Contractors own expense through Albuquerque Reprographics, 4716 McLeod NE, Albuquerque, NM 87109, (505) or Academy Reprographics, 8900-N San Mateo Blvd. NE, Albuquerque, NM (505) This IFB is issued on behalf of the City of Rio Rancho by the Purchasing Division, which is the SOLE POINT OF CONTACT DURING THE PROCUREMENT PROCESS. Any inquires or requests during the procurement process shall be directed to the following point of contact: Issuing Office: Advertised: City of Rio Rancho Purchasing Division 3200 Civic Center Circle NE Rio Rancho, NM (505) December 16, 2015 Albuquerque Journal 3

4 IFB 16-PW-007 INSTRUCTIONS TO BIDDERS 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EJCDC) (2007 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 BIDDER one who submits a Bid directly to OWNER as distinct from a sub bidder, who submits a bid to a BIDDER. 1.2 Issuing Office the office on behalf of which this IFB is issued by the City. The Issuing office is the SOLE POINT OF CONTACT during the procurement process. Any inquires or requests during the procurement process shall be directed to the issuing office. 1.3 Distribution Office the office from which the Bidding Documents are to be distributed as indicated in the Advertisement for Bids or Invitation to Bid. 1.4 Successful Bidder the responsible BIDDER offering the lowest, responsive bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents. 2.1 Complete copies of Bidding Documents, except for the Standard Specifications, may be obtained from the Distribution Office as indicated in the Advertisement for Bids. 2.2 The Standard Specifications for the Project are the New Mexico Standard Specifications for Public Works Construction, Current Edition, as amended and published by the New Mexico Chapter of the American Public Works Association; the New Mexico State Department of Transportation Standard Specifications for Highway and Bridge Construction, Current Edition, as amended and published by the New Mexico State Department of Transportation; and, the City of Rio Rancho Design Criteria and Standard Details for Streets, Drainage, Water and Wastewater. Copies of the Standard Specifications for Publics Works Construction may be obtained from the New Mexico Chapter of the American Public Works Association, PO Box 15996, Rio Rancho, NM , Telephone (505) Copies of the Standard Specifications for Highway and Bridge Construction may be obtained 4

5 IFB 16-PW-007 online at Copies of the City of Rio Rancho Design Criteria and Standard Details for Streets, Drainage Water and Wastewater may be obtained online at The City shall make such determinations as necessary as to which Standard Specifications govern and control in the event of a conflict, discrepancy, or request for clarification from the Contractor. 2.3 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.4 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3. Qualifications of BIDDERS. 3.1 OWNER may make such investigations it deems necessary to determine the ability of the BIDDER to perform the Work, and the BIDDER shall within seven (7) calendar days furnish to the OWNER all such information and data for this purpose as the OWNER may request. OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the Work contemplated herein. 3.2 BIDDER shall have a New Mexico Contractor's License and all classifications required to perform the Work, and shall provide such information in the space provided in the Bid Form. 3.3 In order to submit a bid valued at more than sixty thousand dollars ($60,000) in order to respond to a request for proposals or to be considered for award of any portion of a public works project greater than sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum Wage Act [Section NMSA 1978, et seq.], the CONTRACTOR, serving as a prime contractor or not, shall be registered with the Labor and Industrial Division of the New Mexico Department of Worforce Solutions. Each CONTRACTOR, prime contractor or subcontractor is required to be registered pursuant to this subsection. 4. Examination of Contract Documents and Site. 4.1 It is the responsibility of each BIDDER before submitting a Bid: 5

6 IFB 16-PW To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including technical data referred to below); To visit the site(s) to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data; and To promptly notify OWNER of any and all conflicts, errors, ambiguities or discrepancies which BIDDER may discover in or between the Contract Documents and such other related documents. 4.2 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others, and OWNER and ENGINEER make no guarantees as to the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Before submitting a Bid each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.4 On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 6

7 IFB 16-PW Reference is made to the Supplementary Specifications for the identification of the general nature of any work that is to be performed at the site by OWNER or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 4.6 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that BIDDER has given OWNER written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents and the written resolutions thereof by OWNER is acceptable to BIDDER, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.7 The provisions of the above items 4.1 through 4.7, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06 of the General Conditions. 5. Availability of Lands for Work, etc. The lands upon which the Work is to be performed, rights of way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. Access to lands used for offsite disposal of excess soil will be obtained and paid for by CONTRACTOR. 6. Interpretations and Addenda. 6.1 All questions about the meaning or intent of the Bidding Documents shall be submitted to OWNER in writing. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the 7

8 IFB 16-PW-007 Issuing Office as having received the Bidding Documents. Questions received less than ten(10) calendar days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 6.3 Each Addendum shall be a part of the Contract Documents to the same extent as though contained in the original documents and itemized listings thereof and all BIDDERS shall be bound by such Addenda. Each BIDDER shall ascertain, prior to submitting the bid, that the BIDDER has received all Addenda issued, and shall acknowledge receipt of each Addendum on his Bid Form. 7. Bid Security. 7.1 Each Bid must be accompanied by Bid Security made payable to OWNER in an amount of at least five (5%) percent of BIDDER's total bid amount and in the form of a certified or bank check or a Bid Bond on a form acceptable to the OWNER issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2 The Bid Security is submitted as a guarantee that the BIDDER, if awarded the Contract, will promptly execute the Agreement in accordance with the Bid Form and in the manner and form required by the Contract Documents, will furnish good and sufficient bond for the faithful performance of the same and for the payment of all labor and materials, and furnish required certificates of insurance. 7.3 The Bid Securities of all BIDDERS except the three lowest will be returned promptly after the canvas of bids. 7.4 OWNER shall have the right to retain the Bid Security of the three apparent lowest BIDDERS until either (a) the Agreement has been executed and the Labor and Material Payment Bond and the Performance Bond and all required proof of insurance, including certificates of insurance, have been furnished to OWNER; (b) the time specified in the Bidding Documents has elapsed so that BIDDER may withdraw the Bid Proposal; or (c) all bids have been rejected, whichever occurs first. 7.5 If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Performance Bond, Labor and Material Payment Bond and certificates of insurance within the required time period after receipt of the Notice of Recommendation to Award, OWNER may annul 8

9 IFB 16-PW-007 the Notice of Recommendation to Award and the Bid Security of that BIDDER shall be forfeited to OWNER as liquidated damages, not as a penalty. 7.6 Bids submitted without the required Bid Security will not be considered. 7.7 The Performance Bond and the Payment Bond will be equal to one hundred (100%) percent of the contract price. 8. Contract Times. The number of days within which, or the dates by which, the Work is to be substantially complete are set forth in the Bid Form. 9. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Form. 10. Substitute and Or Equal Items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or or equal items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or or equal item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement, unless noted in the Specifications. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the General Requirements. 11. Subcontractors, Suppliers and Others If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of the Notice of Award, the apparent Successful Bidder, and any other BIDDER so requested, shall, within seven calendar (7) days request by OWNER, submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. An OWNER or ENGINEER who after due investigation has reasonable objection to any proposed Subcontractor, 9

10 IFB 16-PW-007 Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder may submit an acceptable substitute, that BIDDER's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. If the apparent Successful Bidder declines to make any such substitution, he will not thereby sacrifice his Bid Security. Any Subcontractor, other person or organization so listed and to whom OWNER does not make written objection prior to the giving of the Notice of Award shall be deemed acceptable to OWNER. This subsection does not apply to the BIDDER S listing of Subcontractors for Compliance with the Subcontractor s Fair Practices Act, which must be complete at the time the Bid is submitted to OWNER Some Public Works Projects may be subject to the provisions of the Subcontractors Fair Practices Act (Chapter 18, Laws 1988; Sections through NMSA 1978). When this Act is applicable, BIDDER shall comply with the requirements set forth in the Supplementary Conditions of these Bidding Documents No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. 12. Bid Form Prices shall be filled in for all items on the Bid Form, including alternates as may be required on the Bid Form. The price for each item shall include its pro rata share of overhead, profit and insurance. Prices shall also include any and all license and royalty fees for products, materials and processes. Prices shall be shown in numerals in ink, printed or typed in the spaces provided. Any alterations to the bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid Form BIDDER shall include all applicable taxes, except New Mexico Gross Receipts Tax, in all bid amounts, including Lump Sum, Unit Price and Alternate Bid amounts. The Bid Form shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the Base Bid. All Alternates shall contain a separate entry for New Mexico Gross Receipts Tax immediately preceding the total amount of the Alternate. No Unit Prices nor Lump Sum Amounts contained within the bid shall include New Mexico Gross Receipts Tax Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by 10

11 IFB 16-PW-007 evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature All names must be typed or printed in ink below the signature BIDDER shall acknowledge receipt of all Addenda by entering the number and date of each addendum in the space provided on the Bid Form The address and telephone number for communications regarding the Bid must be shown If BIDDER is an out of state corporation, evidence of authority to conduct business as an out of state corporation in New Mexico shall be provided in accordance with Paragraph 3 above BIDDER shall enter his New Mexico Contractor's License Number and Classifications in the space provided on the Bid Form. 13. Submission of Bids. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of BIDDER and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED on the face of it. Delayed Opening or Closing of City Offices: In the event that City Hall is officially on a delayed opening for any reason (for example, inclement weather) and City Hall is not open at least two (2) hours prior to bid opening, the deadline for bid and proposal submissions will be delayed for exactly the amount of time indicated in the official City announcement. For example, if City Hall is on a two (2) hour delay, deadline for receipt of bids and proposals due prior to 12:00 p.m. will be delayed by two (2) hours and bids due after 12:00 p.m. will be due at their regularly scheduled time. Also, if City Hall is officially closed for any reason (such as inclement weather) for all or part of the day that submission of bids is due (other than an official, announced delayed opening), bids will be due at the same time on the following business day. Any delayed opening or closing of City Hall will be announced on the City's website, 11

12 IFB 16-PW Application of Resident, Veteran, Local, Area, and Recycled Content Goods Preference. DEFINITIONS: LOCAL BUSINESS means a Resident Business or Resident Contractor which: (a) Is authorized to do and is doing business under the laws of the State of New Mexico; (b) Possesses a current city business registration; (c) Maintains its principal place of business within the corporate limits of the city; and (d) Agrees to furnish evidence, in a form suitable to the city, of its payment of New Mexico Gross Receipts Tax. AREA BUSINESS means a Resident Business or Resident Contractor which: (a) Is authorized to do and is doing business under the laws of the State of New Mexico; (b) Possesses a current city business registration; (c) Maintains a bona fide place of business within the corporate limits of the city, and agrees to conduct its activities pursuant to the contract for which it is bidding or proposing, to the extent practicable, from that place of business; and (d) Agrees to furnish evidence, in a form suitable to the city, of its payment of New Mexico Gross Receipts Tax. RECYCLED CONTENT GOODS has the meaning set forth in NMSA (A)(5), as amended from time to time. RESIDENT BUSINESS has the meaning set forth in NMSA (A)(6), as amended from time to time. RESIDENT CONTRACTOR has the meaning set forth in NMSA (A)(5), as amended from time to time. RESIDENT VETERAN BUSINESS has the meaning set forth in NMSA (A)(7), as amended from time to time. RESIDENT VETERAN CONTRACTOR has the meaning set forth in NMSA (A)(6), as amended from time to time. STATUTORY PREFERENCE means the preference for Resident Businesses, Resident Contractors, Resident Veteran Businesses, Resident Veteran Contractors, and Recycled Content Goods provided in NMSA or , as amended from time to time. QUALIFYING COMPANY means a company that qualifies for a Statutory Preference under NMSA or , as amended from time to time. INSTRUCTIONS: 12

13 IFB 16-PW-007 In all invitations for bid and requests for proposals, the Statutory Preferences shall be applied in the manner set forth in NMSA or , as amended from time to time. A copy of a valid Resident Business, Resident Contractor, Resident Veteran Business, or Resident Veteran Contractor Certificate issued by the New Mexico Taxation & Revenue Department. Information regarding resident preference can be obtained by contacting the Point of Contact as listed herein. In addition to the Statutory Preferences, a preference for Local Businesses and Area Businesses shall be administered in the same manner as the Statutory Preferences, as follows: (1) in the event a Local Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the Local Business shall receive a two percent (2%) preference in addition to (and not in lieu of) the Statutory Preference; and (2) in the event an Area Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the Area Business shall receive a one percent (1%) preference in addition to (and not in lieu of) the Statutory Preference. In addition to the definitions and criteria set forth in this section, the central purchasing office may impose additional requirements regarding the nature, size and/or location of offerors or bidders in any request for proposals or invitation for bids. As a result, companies responding to such solicitations should review the solicitation documents thoroughly. Information regarding the City s Procurement Code and the application of the local and resident preference can be obtained by contacting the Point of Contact as listed herein. For consideration for the Area, Local, and Recycled Content Goods preference, the Offeror must complete the Preference Certification Form, attached hereto, in accordance with the instructions and return the form with its Technical Proposal. In addition to the definitions and criteria set forth in the section, when a joint bid or joint proposal is submitted by both resident and non-resident businesses, the resident business preference provided pursuant to Subsection B or C of the NMSA or , as amended from time to time, shall be reduced in proportion to the percentage of the contract, based on the dollar amount of the goods or services provided under the contract, that will be performed by a non-resident business as specified in the join bid or proposal. 15. Modification and Withdrawal of Bids Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the scheduled closing time for receipt of Bids If, within twenty four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter 13

14 IFB 16-PW Opening of Bids. demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents. BIDDERS are invited to be present at the Bid Opening. The person(s) reading the bids will adhere to the following procedure prior to reading the amount of the bid: 16.1 Read name of BIDDER, BIDDER's New Mexico contractor's license number and classification, and when applicable the BIDDER's Resident Contractor Number Read the amount of the Bid Security Verify BIDDER's acknowledgment of Addenda Determine whether the Bid Proposal is signed Verify submittal of BIDDER's Listing of Subcontractors for compliance with Subcontractors Fair Practices Act Determine whether other requirements are met. If any of the above requirements have not been met, the bid shall be read after the deficiency or deficiencies have been announced and noted. 17. Bids to Remain Subject to Acceptance. All Bids shall remain subject to acceptance for the period of time after the scheduled closing time for receipt of bids as indicated on the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to that date. 18. Award of Contract OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non responsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not 14

15 IFB 16-PW-007 involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER reserves the right to cancel the opportunity for submission of bids. OWNER further reserves the right to reject for OWNER's convenience all bids submitted. BIDDERS shall not be entitled to recover damages of any nature against OWNER for OWNER's rejection of all bids, for cause or for convenience Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words In evaluating Bids, OWNER may consider the qualifications of BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time If a Contract is awarded, it will be awarded to the lowest responsive bid submitted from a responsible BIDDER on the Base Bid shown on the Bid Form; provided, however, that if the Bid Form is a Unit Price Bid Form and there is a discrepancy between the amount shown as the Base Bid and the actual total amount of the Base Bid determined by multiplying the Unit Price shown for each Bid Item by the Estimated Quantity shown for that Bid Item, adding each such amount to obtain a subtotal amount and then adding the New Mexico Gross Receipts Tax amount determined by multiplying the subtotal amount by the New Mexico Gross Receipts Tax percentage given on the Bid Form, it will be awarded to the lowest responsible BIDDER on the actual total amount of the Base Bid; provided 15

16 IFB 16-PW-007 further, that when Alternates are to be accepted by OWNER, it will be awarded to the Responsible BIDDER who bids the lowest combined bid of the Base Bid and all accepted Alternates. For each Alternate, New Mexico Gross Receipts Tax shall be shown as a separate entry after the subtotal using the method described above, and shall be followed by a total derived by adding the subtotal and Gross Receipts Tax amounts. Alternates, if any, shall be accepted by the City, at its sole discretion, in any order or combination thereof In the event that two (2) or more of the bids submitted are identical in price and are the low bid, the OWNER may award by lottery to one of the identical low Bidders Preference: Various preferences will be afforded to an Offeror who qualifies as a resident Offeror in accordance with New Mexico State Law and City of Rio Rancho Ordinance. This section shall not apply when the expenditure includes federal funds for a specific purchase If the Contract is to be awarded, the OWNER will give the apparent Successful Bidder a Notice of Recommendation to Award within the period specified in the Bid Form unless the BIDDER and the OWNER agree to extend the period specified. 19. Signing of Agreement. If and when OWNER gives a Notice of Recommendation to Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) calendar days thereafter, BIDDER shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Performance and Payment Bonds in accordance with Paragraph 5 of the General Conditions and the Supplementary Conditions, and Certificates of Insurance in accordance with Paragraph 5.4 of the General Conditions and the Supplementary Conditions. Within ten (10) calendar days following the Award of Contract by OWNER, OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20. Non-Appropriations The terms of this Agreement and all amounts payable hereunder are contingent upon sufficient appropriations therefore by the City s Governing Body. If sufficient appropriations are not made, the City shall notify the Contractor of the same, and this Agreement shall terminate forthwith. 16

17 IFB 16-PW Pre Bid Conference. When a pre bid conference date is given in the Advertisement for Bid or by Addendum, the conference shall be conducted to explain the Project. Attendance at the pre bid conference shall be mandatory only when so required in the Advertisement for Bids or Addendum. When attendance is mandatory, failure to attend shall disqualify the prospective BIDDER from submitting his Bid. Whenever attendance is not specified as mandatory, prospective BIDDERS are encouraged to attend and should be prepared to ask questions or request clarifications regarding the Project and Bidding Documents. Nothing stated at the pre bid conference shall change the Bidding Documents unless a change is made by Addendum. When attendance is not mandatory, failure of a BIDDER to attend the pre bid conference shall mean that the Bidding Documents are clear, unambiguous, and acceptable to all non participants, with respect to all who submit bids. 22. Guarantee Provisions. The CONTRACTOR shall guarantee the Work as provided in the General Conditions and Supplementary Conditions. 23. Affirmative Action Program. The CONTRACTOR shall comply with the Affirmative Action/Equal Employment Opportunity and Nondiscrimination requirements in the Supplementary Conditions. 24. Wage Rates. The BIDDER s attention is directed to the fact that wages to be paid on this Project shall not be less than the prevailing wage rates as listed by the New Mexico State Office of Labor Commissioner and, where applicable, the prevailing Federal Wage Rate Decision listed by the U.S. Department of Labor in effect at the scheduled closing time for receipt of bids. In the event more than one (1) wage scale applies to the Project, the appropriate wages to be paid to the various classes of laborers and mechanics employed under the contract shall be the highest prevailing wages for each job classification for the particular type of construction being performed by the construction worker. 17

18 IFB 16-PW Permits The CONTRACTOR shall bear the sole responsibility of securing and paying for permits, fees, and licenses required for execution of Work as applicable at the time of receipt of bids. 26. Collusion All BIDDERS must submit an affidavit of non-collusion and certify that the bid submitted was arrived at without resorting to any collusive bidding practices. Collusion is defined as any activity that artificially affects prices when bidding on a contract or activity that restricts competition among bidders or potential bidders by exchanging or sharing information with firms presumed to be competing for the same contract. Any person with knowledge of collusive bidding or other misconduct is encouraged to report possible violations to the City Purchasing Manager. 27. Worker's Compensation Insurance/Non Resident Contractors. Notice is given that in addition to the requirements of the General Conditions of the Contract, Non Resident Contractors shall comply with the provisions of Sections ; 59A ; 59A 18 1; and 59A NMSA 1978, pertaining to the worker's compensation insurance policy and rate for employers not domiciled in New Mexico. 28. STATE OF NEW MEXICO SUBCONTRACTORS FAIR PRACTICES ACT. This Public Works Project is subject to the provisions of the Subcontractors Fair Practices of the State of New Mexico General: This law requires that all work being performed by a Subcontractor in the amount exceeding the listing threshold be performed under the provisions of the Subcontractors Fair Practices Act Listing Threshold Amount: The listing threshold shall be five thousand dollars ($9,000) or ½ of 1% of the Engineer s Estimate of the total project cost, not including alternates, whichever is greater List of Subcontractors Required: BIDDER shall define the categories of Subcontractors in his bid and shall list no more than one Subcontractor for each category. This listing shall only apply to those Subcontractors whose listing is required pursuant to the New Mexico Subcontractors Fair Practices Act and estimated work exceeds the threshold dollar amount given in Section 27.2 above. This list shall be completed on the form entitled Bidder s Listing of Subcontractor for Compliance with the Subcontractors Fair Practices Act immediately after the Bid Form. This 18

19 IFB 16-PW-007 sheet must be filled in if a Subcontractor whose work exceeds the threshold limit is to be used. The list shall include the name and business address of each Subcontractor under potential subcontract to the bidder, who will perform work or labor or render service, which exceeds the threshold amount. All Subcontractors whose listing is required pursuant to the New Mexico Subcontractors Fair Practices Act and whose estimated work exceeds the threshold shall be listed at the time the Bid is submitted to OWNER. With respect to any category of work for which no subcontractor is listed in the above-referenced form and the BIDDER does not state that no bid was received or that only one bid was received, BIDDER should be prepared to document (1) that it is licensed and prepared to do the work itself, and/or (2) that it has determined, at the time of submission of its bid, that the category of work does not exceed the threshold dollar amount given in Section 27.2 above. Failure to complete this form will result in a non-responsive bid that will be rejected Delays Attributable to Hearings Required by the Subcontractors Fair Practices Act: In the event a hearing is held pursuant to the provisions of the Subcontractors Fair Practices Act and a delay in the Work of the Project is caused as a result, the CONTRACTOR shall not be entitled to an increase in the contract amount or contract time Applicability of this Section: Any questions regarding this act should be referred to Legal Counsel. 29. The selected Contractor shall comply with all applicable Worker s Safety Requirements of the U.S. Occupational Health and Safety Administration. 30. The City of Rio Rancho Procurement Code, Section 36.37, Paragraph B, notes that New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 31. PURCHASING OFFICE This IFB is issued on behalf of the City of Rio Rancho by the Purchasing Office, which is THE SOLE POINT OF CONTACT DURING THE PROCUREMENT PROCESS. Communications initiated by a bidder to this IFB with members of the Governing Body or City personnel, other than as coordinated by the Point of Contact noted below, shall be grounds for Offeror disqualification. Any inquiries or requests during this procurement shall be submitted to the following Point of Contact in writing: City of Rio Rancho Department of Financial Services, Purchasing Division Attention: Shonna Ybarra, Purchasing Specialist 3200 Civic Center Circle NE, STE

20 IFB 16-PW-007 Rio Rancho, NM (505) Return of Acknowledgement Form for Distribution List. Potential Bidders should return by , facsimile, registered mail or in person the Acknowledgement Form (see on next page) to have their firm placed on the procurement distribution list. Failure to return this form will prevent the potential Bidder s firm name from appearing on the procurement distribution list. The procurement distribution list will be used for distribution of important information regarding this solicitation. A valid address must be provided. 20

21 IFB 16-PW-007 CITY OF RIO RANCHO DEPARTMENT OF FINANCIAL SERVICES IFB NO. 16-PW-007 Recycled Water Tank at Well Site 10A ACKNOWLEDGMENT FORM Please complete this form and return it to the City of Rio Rancho Financial Services Department. Failure to return this form will not exclude a firm from submitting a bid; however, only those prospective respondents who elect to return this form will receive addenda, if issued, and/or other information pertaining to this solicitation. Name of Firm: Firm Representative: Title: Phone: Fax: (required) Address: City: State: Zip: When completed, please , fax or mail this form to the following contact: Shonna Ybarra, Purchasing Specialist CITY OF RIO RANCHO DEPARTMENT OF FINANCIAL SERVICES 3200 CIVIC CENTER CIRCLE RIO RANCHO, NM Phone: (505) Fax: (505) sybarra@rrnm.gov 21

22 IFB 16-PW Standard Specifications NOTICE TO CONTRACTORS IFB 16-PW-003 Recycled Water Tank at Well Site 10A The Standard Specifications for the Project are the New Mexico Standard Specifications for Public Works Construction, Current Edition, as amended and published by the New Mexico Chapter of the American Public Works Association, New Mexico State Department of Transportation Standard Specifications for Highway and Bridge Construction, Current Edition, as amended and published by the New Mexico State Department of Transportation, and the City of Rio Rancho Standard Details and Specifications for Streets & Drainage. Copies of the Copies of the Standard Specifications for Highway and Bridge Construction may be obtained online at Copies of the City of Rio Rancho Standard Details and Specifications for Streets & Drainage may be obtained online at The City shall make such determinations as necessary as to which Standard Specifications govern and control in the event of a conflict, discrepancy, or request for clarification from the Contractor. 2. Statement of Scope of Work This project generally consists of a 2.0 million gallon recycled water tank located at well site 10A including associated piping to tie into the City's existing recycle system. 3. Project Schedule a. Legal Advertisement: 12/16/15 b. Pre-Bid scheduled: 12/30/15 at 10:00 a.m. c. Question Deadline: 1/4/16 by 5:00 p.m. d. Addendum Deadline: 1/7/16 e. Bid Submission Deadline: 1/14/16 at 2:00 p.m. 4. Mobilization If the Contractor's Bid Item Price for mobilization is equal to or less than 10% of the Total Original Contract Amount less mobilization, the City will pay the Contractor using the following procedure: 1. If the Contractor has performed Work representing less than 5% of the Total 22

23 IFB 16-PW-007 Original Contract Amount less mobilization, the City will pay 25% of the mobilization bid amount; 2. If the Contractor has performed Work representing from 5% to less than 10% of the Total Original Contract Amount less mobilization, the City will pay 50% of the Bid Item Price for mobilization; and 3. If the Contractor has performed Work representing 10% or more of the Total Original Contract Amount less mobilization, the City will pay 100% of the Bid Item Price for mobilization. If the Contractor's Bid Item price for mobilization is greater than 10% of the Total Original Contract Amount less mobilization, the City will only apply the previous payment procedure to that portion of the Contractor's Bid Item Price for mobilization equal to 10% of the Total Original Contract Amount less mobilization. The City will pay the Contractor the remainder of the Bid Item Price for mobilization upon completion of the Work. Basis of Payment Pay Item Pay Unit Mobilization Lump Sum The City will not make additional payments for demobilization and remobilization due to shutdowns or suspensions of the Work, or for other mobilization activities required for satisfactory completion of the Contract. 5. Materials Testing and Quality Control All testing shall be conducted and paid for in accordance with the New Mexico State Standard Specifications for Highway and Bridge Construction, Current Edition, as amended and published by the New Mexico State Department of Transportation. 6. Traffic Control The Contractor shall submit, prior to commencement of construction in the area affected, a detailed traffic control plan to the City and the Right-of-Way Use Permit will be issued. Traffic Control plan shall conform to the City ordinance, General Regulations, Chapter 96, which can be accessed by this link: The instructions for obtaining the permit may be found on the City s website: 7. Construction Staking and Record/As-Built Construction Drawings The Contractor shall furnish all construction staking and surveys required to construct the project in accordance with the bearings, distances, and coordinate points specified in the 23

24 IFB 16-PW-007 drawings. The Contractor shall be responsible for furnishing OWNER with as-built survey information/record documents for construction work performed per Chapter 2.7 of the City of Rio Rancho s Development Manual and the Supplementary Conditions 4.05.B. As-built survey information/record documents shall be considered incidental to the project and no separate payment shall be made thereof. 8. Determination of Notice to Proceed Date Determination of the Notice to Proceed date is at the City of Rio Rancho s sole discretion. 9. Construction Water Meter Construction water meters shall be obtained by the Contractor from the City of Rio Rancho Utility Customer Services. Acquisition of the water meter and cost of water will be incidental to the project. 10. Construction Debris Containment and Removal Contractors must contact Waste Management in Rio Rancho if a dumpster or roll off is necessary for proper containment, removal, and disposal of construction debris for any projects completed within Rio Rancho City Limits. 11. Requirement of Vendor Registration with City of Rio Rancho Purchasing Office The awarded vendor must have a current registration with the City of Rio Rancho for the Purchasing Office to issue a Purchase Order on any project. If the Bidder is not currently registered, a completed Vendor Registration Form and W9 must be filled out and submitted to the Purchasing Office. Contractors can find these forms and additional information regarding Vendor Registration at the following web address: Contractors may also contact the Purchasing Office to check their vendor registration status. 24

25 IFB 16-PW-007 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC C-700) (2007) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. SC 1.01.A.2 Agreement: Add the following: "Also referred to as Contract." SC 1.01 Defined Terms Delete Section 1.01.A.12 in its entirety and substitute the following: 1.01.A.12 Contract Documents Those items so designated in the Agreement, including, printed, hardcopies, and electronic versions of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. SC 1.01.A.29 Owner: Add the following: The City of Rio Rancho, Department of Public Works, Engineering Division. SC 2.01 Delivery of Bonds and Evidence of Insurance Add the following: CONTRACTOR shall also deliver simultaneously with the Agreement copies of certificates of insurance in accordance with Section 5.03 of the General Conditions. SC 3.03 Reporting and Resolving Discrepancies Add the following Subsection: 3.03.B.2 Any conflict, error, ambiguity, or discrepancy amongst the following portions of the Contract Documents shall be resolved by giving precedence in the following order: Addenda, 25

26 IFB 16-PW-007 SC 4.02.A.1.a Reports and Drawings Add the following: Construction Plans other than Standard Drawings, Supplemental Specifications other than Standard Specifications. If Applicable (E.g. GEO-TESTING REPORTS) SC 4.05 Reference Points: Delete Section 4.05 in its entirety and substitute the following: SECTION 4.05 SURVEYING 4.05.A Surveys by Owners 4.05.A.1 OWNER reserves the right to perform any other surveys OWNER deems necessary, including but not limited to surveys to verify pay quantities, construction staking by CONTRACTOR and conformance of constructed improvements with the lines, grades, locations and elevations shown on the plans. Performance or nonperformance of such surveys by OWNER shall not relieve CONTRACTOR of Contractor's responsibility to construct improvements in accordance with the lines, grades, locations, and elevations shown on the plans B Surveys by Contractor 4.05.B.1 CONTRACTOR shall furnish all construction staking and surveys required to construct the proposed improvements in accordance with the lines, grades, locations and elevations shown on the plans B.2 CONTRACTOR shall furnish any reconnaissance surveys necessary to "pothole" and record the locations of existing utilities shown on the plans, indicated by utility locators and/or encountered during construction B.3 CONTRACTOR shall furnish any surveys required to support quantities for payment requests. Such surveys and quantity determinations shall be subject to review and approval or rejection by ENGINEER B.4 CONTRACTOR shall furnish as-built survey information for all improvements. 26

27 IFB 16-PW B.5 CONTRACTOR shall furnish to ENGINEER two (2) copies of all survey notes and cut sheets. CONTRACTOR shall furnish as-built survey information and existing utility location information in the form of redlines markups on the project record plans. Receipt or non-receipt of such information by ENGINEER shall not obligate OWNER or ENGINEER in any manner nor relieve CONTRACTOR of CONTRACTOR's responsibility to construct all improvements in accordance with the lines, grades, locations and elevations shown on the plans B.6 Throughout construction of the Project, CONTRACTOR shall maintain a record set of project construction plans on which CONTRACTOR shall record the horizontal and vertical locations of constructed improvements and existing utilities encountered during construction, plan changes and other pertinent information. The record project construction plans shall be available at the project for review by ENGINEER at all times and shall be provided to ENGINEER upon completion of construction C Preservation of Survey Monuments, Points and Staking 4.05.C.1 CONTRACTOR shall be responsible for the preservation of any and all existing survey monuments. CONTRACTOR shall notify ENGINEER not less than seven (7) calendar days prior to starting work in order that ENGINEER may take necessary measures to reference the location or ensure the preservation of survey monuments. CONTRACTOR shall not disturb permanent survey monuments without the consent of ENGINEER and shall notify ENGINEER and bear the expense of replacing any that may be disturbed without permission. Only OWNER shall do replacement. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, CONTRACTOR shall, at his own expense, adjust the monument cover to the new grade unless otherwise specified C.2 CONTRACTOR shall be responsible for the preservation of any and all right-of way boundary points, and control points furnished by OWNER. CONTRACTOR shall not disturb any points furnished by OWNER without the written consent of ENGINEER and shall notify ENGINEER and bear the expense of replacing any that may be disturbed without permission. Only OWNER shall do replacement of points furnished by OWNER. The cost of replacement shall be charged against CONTRACTOR and shall be 27

28 IFB 16-PW-007 deducted from payment due CONTRACTOR for the work. CONTRACTOR shall be responsible for any mistakes or delays that may be caused by loss or disturbance of points furnished by OWNER C.3 CONTRACTOR shall be responsible for the preservation of all construction staking furnished by CONTRACTOR and shall notify ENGINEER and bear the expense of replacing any that may be disturbed. CONTRACTOR shall be responsible for any mistakes or delays that may be caused by loss or disturbance of staking furnished by CONTRACTOR D Discrepancies 4.05.D.1 CONTRACTOR and ENGINEER shall notify each other immediately upon the discovery of any discrepancies in the plans, surveys, or staking. ENGINEER, in consultation with CONTRACTOR, shall promptly review the discrepancies and issue corrections or clarifications. If CONTRACTOR elects to proceed with construction before such corrections or clarifications are made, CONTRACTOR shall do so at Contractor's own risk and expense E Measurement and Payment 4.05.E.1 All Construction surveys furnished by CONTRACTOR, as required by the Supplementary Conditions, shall be included in the lump sum bid, or shall be considered incidental to the contract price. SC 5.04 CONTRACTOR's Liability Insurance: The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations. SC 5.04.A.1 & 5.04.A.2 Worker's Compensation, etc. under Paragraph 5.04.A.1 and 5.04.A2 of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g., Longshoreman's): Statutory (3) Employer's Liability: $1,000,000 SC 5.04.A.3, A.4 & 5.04.A.5, and 5.04.B.3 Contractor's Liability Insurance under Paragraphs 5.04.A.3, 5.04.A.4, 5.04.A.5, and 5.04.B.3 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: 28

29 IFB 16-PW-007 (1) General Aggregate (Except Products-Completed Operations) $1,000,000 (2) Products-Completed Operations Aggregate $1,000,000 (3) Personal and Advertising Injury (Per Person/Organization) $1,000,000 (4) Each Occurrence (Bodily Injury and Property Damage) $1,000,000 (5) Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. (6) Excess Liability General Aggregate $1,000,000 Each Occurrence $500,000 SC 5.04.A.6 Automobile Liability Insurance shall include coverage for all owned, non-owned and hired vehicles: SC 5.04.B.4 (1) Bodily Injury: Each Person $1,000,000 Each Accident $1, Property Damage: Each Accident $1,000,000 Or (2) Combined Single Limit (Bodily Injury and Property Damage): Contractual Endorsement Each Accident $1,000,000 The Contractual liability coverage required by Paragraphs 6.11 and 6.20 of the General Conditions shall provide coverage for not less than the following amounts: (1) General Aggregate $ 1,000,000 (2) Each Occurrence (Bodily Injury and Property Damage) $ 500,000 SC 5.04.B.7a Additional Insured: Add the following: The City of Rio Rancho. SC 5.05.A Additional Types and Amounts of Insurance Required by OWNER: None. SC 5.06 Property Insurance: 29

30 IFB 16-PW-007 CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof. The requirements of Section 5.06 of the General Conditions shall remain unchanged except that the CONTRACTOR is responsible for obtaining and maintaining said property insurance. SC 5.06.A Additional Insured: Add the following: The City of Rio Rancho SC 6.02 Labor; Hours Worked Add the following Sections: 6.02.C. Sanitary Conveniences. CONTRACTOR shall establish and maintain in a sanitary condition necessary sanitary facilities for use by CONTRACTOR's employees, Subcontractors, Suppliers and other Project personnel. Sanitary facilities shall be screened from public view. CONTRACTOR shall strictly enforce use of sanitary facilities D. Certified Weekly Payroll Certificates. CONTRACTOR and all subcontractors shall submit one certified copy of the project weekly payrolls to OWNER, is preferred, and one certified copy directly to the New Mexico Department of Workforce Solutions, not later than five (5) working days after the close of each payroll period. CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors." 6.02.E. State of New Mexico-Labor and Industrial Commission Labor Requirements E.1 The minimum wages to be paid the various classes of mechanics and laborers engaged by CONTRACTOR and Subcontractors for work under this contract including any additional, omitted or changed work, shall not be less than the amount as determined and established by the State Labor Commission as provided in Section , NMSA 1978, or the Federal wage rates, where applicable, and in full force and effect, without exception, on the date of the contract and during the lifetime of this contract E.2 CONTRACTOR and each of his Subcontractors shall pay each of his employees working under this contract in full, in cash, and not less than once a 30

31 IFB 16-PW-007 week, less all legally required deductions or withholdings. When circumstances are such that payment in cash is not feasible or is impractical, payment may be made by check, provided, however, that adequate funds to cover same are on deposit at the bank upon which the checks are drawn, and further that the checks may be cashed without charge, trace requirements or undue inconvenience to the payee E.3 The minimum wage rates, if any, specified for apprentices shall apply only to persons working with the tools of the trade that they are learning, and under the direct supervision of the Journeyman or master mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by CONTRACTOR or any Subcontractor shall not exceed the number permitted by the applicable standard of the United States Department of Labor, or in the absence of such standards the number permitted under, the usual practice prevailing between trade unions and Employees Associated of the respective trades or occupations E.4 Extra Work - Minimum Wages: In case OWNER orders CONTRACTOR to perform extra work or additional work which may make it necessary for CONTRACTOR or any Subcontractor under him, to employ in the performance of such work, any person in any trade or occupation for which no minimum wage is specified, OWNER will include the Contract Change Order for such extra or additional work the minimum wage rate for such trade or occupation, and insofar as such extra or additional work is concerned, there shall be paid each employee engaged in the work in such trade or occupation, not less than the minimum wage rate included E.5 Wage Underpayments and Adjustments: CONTRACTOR agrees that, in case of underpayment of wages to any worker on the project under this contract, that OWNER may withhold out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under this contract and the wages actually paid such worker for the total number of hours worked and that OWNER may disburse such amount so withheld by it, for and on account of CONTRACTOR to the employee to which such amount is due. CONTRACTOR further agrees that the amounts to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by OWNER pursuant to other provisions of this contract. A copy of the New Mexico State Office of Labor Commission Minimum Wage Rates and Apprentices minimum wage scales in effect at the time of this contract shall be posted or otherwise made available to CONTRACTOR's employees at all times on the job. SC 6.02.F Affirmative Action/Equal Employment Opportunity and Non- Discrimination 31

32 IFB 16-PW-007 CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or ancestry, or physical or mental handicap. CONTRACTOR will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, national origin or ancestry, physical or mental handicap. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, disciplinary actions and grievances, rates of pay or other forms of compensation, other terms and conditions of employment and selection for training, including apprenticeship. CONTRACTOR shall include the provisions of this Paragraph in every Subcontract or purchase order so that such provisions shall be binding upon every Subcontractor. SC 6.05.A Substitutes and Or Equals Delete Section 6.05.A in its entirety and substitute the following: Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or brand name, or the name of a Supplier, the specification or description is intended to establish the particular type, function, appearance, and quality required. Unless the specification or description contains or is followed by the words reading that a like, equivalent, or or-equal item or substitute is permitted, other items of material or equipment or materials or equipment of other Suppliers may not be submitted to Engineer for review. In the event the specification or description does contain or is followed by the words reading that a like, equivalent, or orequal item or substitute is permitted, such or-equal items or substitute may be submitted to the Engineer for review under the circumstances described below. SC 6.10 Taxes Add the following Subsections: 6.10.B. GROSS RECEIPTS SURETY. CONTRACTOR's attention is called to the requirements of a gross receipts surety bond as may be required by the State of New Mexico Bureau of Revenue. It shall be CONTRACTOR's responsibility to ascertain if he is required to purchase a bond or not, and as such will be wholly responsible for all costs so incurred and without cost to OWNER C. COST SEGREGATION. If applicable, OWNER may elect to perform a cost segregation study for New Mexico gross receipts tax deduction purposes relative to gross receipts taxes paid on a facility construction project under this Contract. Cost segregation in general, is the process of identifying and classifying building property components as tangible personal property due to 32

33 IFB 16-PW-007 the ability to depreciate said components over a shorter life span when the identified assets are able to meet criteria established under federal case law and treasury regulations. A cost segregation analysis seeks a deduction for gross receipts taxes paid on the sale of certain assets identified through the study as tangible personal property. OWNER will notify CONTRACTOR if it has decided to perform a cost segregation analysis on this facility construction project and CONTRACTOR agrees to cooperate in providing the necessary information required for the cost segregation study. OWNER may hire a third party provider (hereafter Provider ) to perform this analysis (in whole or in part) on OWNER s behalf and CONTRACTOR agrees to cooperate with such Provider (to be named at an appropriate time). SC 6.16 Emergencies. Add the following Subsection: 6.16.B CONTRACTOR shall designate at least one responsible employee to represent him in case of an emergency. Such employee, or employees, shall have a local telephone at which he may be reached at any hour of the day or night. Directions for contacting such employee shall be given to the Rio Rancho Police Department, and OWNER and ENGINEER. SC 6.17 Shop Drawings and Samples Add the following Subsection: Traffic Control Plan The CONTRACTOR shall prepare a Traffic Control Plan for all areas where construction activities will occur within or immediately adjacent to the public right-of-way. This Traffic Control Plan will be submitted to the ENGINEER for review. The CONTRACTOR must obtain the ENGINEER's written approval of the Traffic Control Plan prior to the beginning of construction activities in the affected areas. Approval of the Traffic Control Plan by the ENGINEER shall not relieve the CONTRACTOR of any liability arising from the design or maintenance of all traffic control devices. Traffic control devices shall be maintained by the CONTRACTOR in good working order at all times during the construction period, until such time as the work is completed and permanent access control items such as fences, barrier rails and gates have been installed. The Traffic Control Plan shall conform to the standards set forth in the Manual on Uniform Traffic Control Devices (MUTCD), latest edition." SC 6.19 CONTRACTOR's General Warranty and Guarantee: Add the following Subsection: 33

34 IFB 16-PW D After the approval of final payment and prior to the expiration of one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, if any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with Owner's written instruction, either correct such defective work or, if it has been rejected by 0WNER, remove it from the site and replace it with non-defective work. CONTRACTOR shall also reimburse OWNER for the cost of any reasonable testing or exploratory work conducted to verify the limits of the defective work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective work removed and replaced and all direct and indirect cost of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. SC Cost of the Work Delete Section A.5.c in its entirety and substitute the following: Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such cost of rentals of all construction equipment and machinery shall be determined in accordance with the Approved Equipment Rate Schedule, as provided below. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary of the Work. Hourly Equipment Rates Dry Rate Per Hour (not in use) Wet Rate Per Hour (in use) Backhoe $21.63 $32.75 Double Drum Roller $19.75 $29.91 Loader - 3 CY $50.00 $75.72 Water Truck gal $22.50 $34.08 Excavator - 45,000 lb $56.25 $85.19 Transport. Truck (Tractor Trailer or Similar) Daily Rates $46.67 $ ' Trench Box $60 (daily rate) Utility Truck (Foreman/Supdt. Vehicle) $ (daily rate) 34

35 IFB 16-PW-007 *Labor for operating the equipment not included in above totals. SC Allowances Add the following Subsection: E Lump Sum Allowances specified in the Contract Documents have been established for one or more of the following reasons: to cover unanticipated costs (contingencies); in lieu of additional scope requirements and design specifications, and/or to defer the selection of materials and equipment to a later date when additional information is available to OWNER; for materials testing, and/or quality control and quality assurance; for the location and/or relocation of existing utilities; and for SWPPP preparation and implementation. Any and all work performed under allowance items shall be authorized at the sole discretion of the OWNER prior to being undertaken and the amount of compensation thereof will be based on the reasonable costs incurred by the Contractor in performing such work (determined as provided in Paragraph 11.01) and may include a Contractor s fee for overhead and profit (determined as provided in Paragraph C). The following equipment rates shall be used in determining the cost of rental construction equipment and machinery in accordance with SC c: F Unit Price Allowances specified in the Contract Documents shall be authorized at the sole discretion of the OWNER prior to being undertaken and the amount of compensation thereof for Unit Price Work shall be determined as provided in Paragraph SC Change of Contract Price Delete Section B.2 in its entirety and substitute the following: B.2 Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit determined in accordance with Paragraph C.2). Change orders involving a reduction in the Contract Price shall include itemized amounts representing the Contractor s fee for overhead and profit deducted as determined in accordance with Paragraph C.2. SC Tests and Inspections. Add the following Subsection: B.4 CONTRACTOR shall pay for all retesting due to the first test or subsequent tests failing to show results meeting specifications. If not previously deducted from progress payments, costs for such tests shall be deducted from the final payment of the contract. 35

36 IFB 16-PW G Job Mix Formula and Design Mixes. The preparation of job mix formulae and design mixes together with necessary sampling, and testing as required for this Contract shall be at CONTRACTOR's expense and at no cost to OWNER. Such sampling and testing shall be performed by an approved testing laboratory under the supervision of a New Mexico Registered Professional Engineer. Mix, design and job mix formulae submittals shall state the methods used in preparing the designs for formulae together with substantiating data and graphic representations as appropriate, shall respond to all pertinent material requirements listed in the Technical Specifications and shall give recommendations for job procedures and job mix tolerance limits necessary to give reasonable assurances that the specification requirements will be met in the field, when appropriate H Materials or Manufactured Items Testing of materials or manufactured items shall be at CONTRACTOR's expense. Tests for materials or items manufactured within the State of New Mexico shall be certified as meeting contract specifications by an approved testing laboratory under the supervision of a New Mexico Registered Professional Engineer or a testing laboratory under the supervision of a professional engineer registered in the state of manufacture or a testing laboratory approved by the ENGINEER I Field Testing. The field testing of all locally processed or produced material directly incorporated into the work, including the establishment of density curves representative of materials to be used in subgrade and backfilling operations and concrete, and compliance tests will be provided by CONTRACTOR except as provided in Section of the General Conditions or in the Technical Specifications for certain materials and tests. ENGINEER shall determine the number, type, and location of tests. CONTRACTOR shall furnish, incidental to this Contract, necessary equipment, tools, and labor, except testing equipment, to assist the testing agency in the performance of field tests. Copies of all laboratory and field tests shall be forwarded to ENGINEER, CONTRACTOR and OWNER. CONTRACTOR shall submit invoices from materials testing firm and other information at the request of the OWNER substantiating reimbursement under the Allowance for Materials Testing and Contractor Quality Control J CONTRACTOR shall, and shall cause his Subcontractor(s) to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the ENGINEER, any work or materials shall have been damaged or injured by reason of failure on the part of CONTRACTOR or any of his Subcontractors so to protect his work, such materials, shall be removed and replaced at the expense of CONTRACTOR. Until OWNER accepts the project, CONTRACTOR shall be responsible for protecting completed work, work in progress, equipment, materials and property from storm water, erosion, sediment, and related elements. Damage 36

37 IFB 16-PW-007 resulting from storm water, erosion, sediment, and related elements shall be the CONTRACTOR's responsibility to replace, repair, or otherwise rectify." SC Correction Period Add the following Subsection: F The one year correction period shall begin upon Substantial Completion of the entire Work. SC Schedule of Values Add the following Subsections: B Close-Out Item The documents required to close-out the project shall be incidental to the project and shall not be included in the schedule of values. The Contractor shall represent the faithful final completion of the work, including but not limited to correction of incomplete or deficient items identified in the final inspection; final cleaning and removal of temporary facilities and controls; preparation and delivery of operation and maintenance manuals, record drawings, and other project records and documents; completion of all required demonstrations and training; completion of all close-out submittals; and all other close-out procedures and requirements, if any, required for the Project. The construction close-out submittals shall be in accordance with the City of Rio Rancho Development Process Manual Volume II, Chapter 7, Section C Mobilization Item Mobilization If the Contractor's Bid Item Price for mobilization is equal to or less than 10% of the Total Original Contract Amount less mobilization, the City will pay the Contractor using the following procedure: 1. If the Contractor has performed Work representing less than 5% of the Total Original Contract Amount less mobilization, the City will pay 25% of the mobilization bid amount; 2. If the Contractor has performed Work representing from 5% to less than 10% of the Total Original Contract Amount less mobilization, the City will pay 50% of the Bid Item Price for mobilization; and 3. If the Contractor has performed Work representing 10% or more of the Total 37

38 IFB 16-PW-007 Original Contract Amount less mobilization, the City will pay 100% of the Bid Item Price for mobilization. If the Contractor's Bid Item price for mobilization is greater than 10% of the Total Original Contract Amount less mobilization, the City will only apply the previous payment procedure to that portion of the Contractor's Bid Item Price for mobilization equal to 10% of the Total Original Contract Amount less mobilization. The City will pay the Contractor the remainder of the Bid Item Price for mobilization upon completion of the Work. Basis of Payment Pay Item Pay Unit Mobilization Lump Sum The City will not make additional payments for demobilization and remobilization due to shutdowns or suspensions of the Work, or for other mobilization activities required for satisfactory completion of the Contract. SC A.4 Progress Payments Add the following Subsection: A.4 Amounts ascertained as payable per Article 14 shall be paid to the Contractor until such time as the sum of the progress payments equals ninety five (95%) of the Contract Price, as adjusted for by Change Orders. Thereafter, no additional progress payments shall be made until after faithful final completion of the Work, including but not limited to correction of incomplete or deficient items identified in the final inspection; final cleaning and removal of temporary facilities and controls; preparation and delivery of operation and maintenance manuals, record drawings, and other project records and documents; completion of all required demonstrations and training; completion of all close-out submittals; and all other close-out procedures and requirements, if any, required for the Project. SC Dispute Resolution: Add the following Subsection: D Any and all other references to arbitration in the Contract Documents shall be deleted. SC Giving Notice: Add the following Subsections: A.3 All notices, demands, requests, instructions, approvals, and proposals and claims must be in writing. 38

39 IFB 16-PW A.4 Any notice to or demand upon CONTRACTOR shall be sufficiently given if delivered at the office of CONTRACTOR stated on the signature page of the agreement (or an such other offices as CONTRACTOR may from time to time designate in writing to OWNER), or if deposited in the United States mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission in each case addressed to such office A.5 All papers required to be delivered to OWNER shall, unless otherwise specified in writing to CONTRACTOR, be delivered to the City of Rio Rancho, Department of Public Works, 3200 Civic Center Circle NE, Rio Rancho, New Mexico, and any notice to or demand upon OWNER shall be sufficiently given if so delivered, or if mailed in the United States mail in a sealed, postage pre-paid envelope to City of Rio Rancho, Department of Public Works, 3200 Civic Center Circle NE, Rio Rancho, New Mexico 87144, or delivered with charges pre-paid to any telegraph company for transmission to the same at such address, or to other representatives of OWNER or to such other address as OWNER may subsequently specify in writing to CONTRACTOR for such purpose A.6 Any such notice shall be deemed to have been given as of the time of actual delivery or in the case of mailing, when the same should have been received in due course of post, or in the case of telegrams, at the time of actual receipt, as the case may be. 39

40 IFB 16-PW-007 Contract Number Construction Contract RECYCLED WATER TANK AT WELL SITE 10A THIS AGREEMENT is made and entered into by and between the City of Rio Rancho, hereinafter referred to as the CITY, and CONTRACTOR NAME, hereinafter referred to as the CONTRACTOR. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK CONTRACTOR shall complete all Work as specified or indicated herebelow. The Work and project are generally described in Invitation for Bid (IFB) No. 16-PW GENERAL CONDITIONS The general conditions ( General Conditions ) of this Agreement shall be the Standard General Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Committee (EJCDC) Document C-700, 2007, and modifications thereto incorporated herein by reference. 3. ENGINEER The ENGINEER of record for this project, as described in the General Conditions, is Huitt-Zollars, Inc. 4. CONTRACT TIMES 4.1 The Work will be substantially completed within One Hundred Eighty (180) consecutive calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph of the General Conditions. 4.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving the actual loss suffered by City if the Work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for 40

41 IFB 16-PW-007 delay (but not as a penalty) Contractor shall pay City Two Thousand dollars ($ 2,000.00) for each day that expires after the substantial completion date established by the City s written Notice to Proceed. 5. CONTRACT PRICE The City shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract price comprises the Base Bid described in IFB No. 16-PW-007 and all addenda thereto. The Contract price shall be CONTRACT PRICE ($ ), which excludes applicable gross receipts tax, subject to additions and deductions as provided in the Contract Documents. 6. NON-APPROPRIATIONS The terms of this Agreement and all amounts payable hereunder are contingent upon sufficient appropriations therefore by the City s Governing Body. If sufficient appropriations are not made, the City shall notify the Contractor of the same, and this Agreement shall terminate forthwith. 7. PAYMENT PROCEDURES Contractor shall submit Application for Payment in accordance with Article 14 of the General Conditions. Engineer will process applications for Payment as provided in the General Conditions. Progress Payments; Prompt Payment; City shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, twenty one (21) days after receipt of the Engineer approved Application for Payment. All such payments will be measured by the schedule of values established in Paragraph of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 8. CONTRACTOR'S REPRESENTATIONS In order to induce City to enter into this Agreement Contractor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents and other related data identified in the Bidding Documents including "technical data." 7.2 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. 7.3 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. 41

42 IFB 16-PW Contractor has examined all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except underground facilities) which have been identified in Paragraph 4.02 A of the General Conditions. Contractor accepts the determination set forth in Paragraph 4.02 B of the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in Paragraph 4.02 B.1 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City and Engineer do 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. 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 (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 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 the other terms and conditions of the contract documents. 7.5 Contractor is aware of the general nature of work to be performed by City and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 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. 7.7 Contractor has given City written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents. Contractor certifies that any written resolution thereof by City is acceptable and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 Contractor shall make prompt payment to its subcontractors and suppliers for amounts owed for work performed on the construction project within seven days after receipt of payment from the City. If Contractor fails to pay Contractor s subcontractor and suppliers by first-class mail or hand delivery within seven days of receipt of payment, Contractor shall pay interest to Contractor s 42

43 IFB 16-PW-007 subcontractors and suppliers beginning on the eight day after payment was due, computed at one and one-half percent of the undisputed amount per month or fraction of a month until payment is issued. These payment provisions apply to all tiers of contractors, subcontractors and suppliers. 9. CONTRACT DOCUMENTS In addition to this Agreement, the Contract Documents, which comprise the entire agreement between City and Contractor concerning the Work, consist of the documents which are appended to this Contract as listed below in Subsection 8A and the documents which formed part of the IFB package upon which Contractor made its successful bid, as listed below in Subsection 8B. A. Documents attached to hereto: 1. Contractor's Bid Form 2. The Bidder's Listing of Subcontractors for Compliance with Subcontractors Fair Practices Act 3. Bid Bond 4. Local/Area/Resident/Resident Veteran/Recycled Content Goods Preference Certification Form 5. Resident Veteran Preference Certification 6. Certification of Bidder Regarding Affirmative Action/Equal Employment Opportunity and Non-discrimination 7. Non-Collusion Affidavit 8. Construction Performance Bond 9. Labor and Materials Payment Bond 10. Certificates of Insurance B. Documents which were part of the IFB package and not listed above: 1. Advertisement for Bids 2. Instructions to Bidders 3. Standard General Conditions of the Construction Contract, EJCDC Document No. C-700 (2007) 4. Supplementary Conditions 5. Notice to Contractor 6. Wage Rate Determination 7. Any Addenda issued for IFB 16-PW Construction Plans as prepared by Huitt-Zollars, Inc. There are no Contract Documents other than those listed in Section 8 of this Agreement. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 A & B, General Conditions. Any question regarding the documents which formed the IFB package shall be resolved 43

44 IFB 16-PW-007 by use of the documents maintained by City in its files on the Work. Contractor may obtain access to these documents at any time, upon reasonable notice. 10. MISCELLANEOUS 9.1 Terms used in this Agreement will have the same meaning as those defined in Article 1 of the General Conditions. 9.2 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, monies that may become due and monies 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. 9.3 City and Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 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 City 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. 9.5 If, through any cause, the Contractor shall fail to fulfill in timely and proper manner Contractor s obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days prior to the effective date of such termination. In such event, all finished and/or unfinished documents, data, studies, surveys and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. 44

45 IFB 16-PW The City may terminate this Agreement at any time for the City's convenience, by giving at least thirty (30) days notice in writing to the Contractor. If the Agreement is terminated by the City as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. If this Agreement is terminated due to the fault of the Contractor, paragraph 9.5 hereof relative to termination shall apply. 9.7 Notices: Any notice required or permitted to be given hereunder shall be sufficient if mailed to the address shown below or faxed to the number shown below for the party receiving notice, or to such other address or fax number of which such party has duly notified the other party in accordance with the provisions of this paragraph. For notice to the City: For notice to the Contractor: Huitt-Zollars, Inc. Jim Brauer, PE 333 Rio Rancho Drive NE Ste. 101 Rio Rancho, New Mexico Telephone: (505) Fax: (505) With Copies to: City of Rio Rancho Stephanie DuBois, Project Engineer 3200 Civic Center Circle Rio Rancho, New Mexico Telephone: (505) Fax: (505) To the extent, if at all, that NMSA is applicable to any agreement to indemnify contained in this Contract, and any such agreement to indemnify contained in this Contract is interpreted to indemnify a party against liability, claims, damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons or damage to property caused by, or resulting from, in whole or in part the negligence, act, or omission of the indemnitee, or the agents or employees of the indemnitee, or any legal entity for whose negligence, acts, or omissions any of them may be liable, any such agreement to indemnify contained this Contract shall not extend to liability, claims, damages, losses, or expenses, including attorney fees, arising out of: A. The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications by the indemnitee or the agents or employees of the indemnitee; or 45

46 IFB 16-PW-007 B. Giving or failure to give directions or instructions by the indemnitee, or the agents or employees of the indemnitee, where such giving or failure to give directions or instructions is the primary cause of bodily injury to persons or damage to property. 9.9 The City has promulgated its own City Ordinances, which include provisions for sealed competitive bid solicitations and subsequent contract administration. Where documents listed in Section 7 contain terms that are different from the City Ordinances, the City Ordinances shall prevail. In that regard, any inconsistency between terms occurring amongst the following portions of this Agreement shall be resolved by giving precedence in the following order: (1) City Ordinances, (2) this Agreement (3) the Supplementary Conditions, and (4) the Standard General Conditions of the Construction Contract. IN WITNESS WHEREOF, the parties have executed this Agreement to become effective as of the date of the last party s signature. CITY OF RIO RANCHO CONTRACTOR By: Keith J. Riesberg, City Manager By: CONTRACTOR NAME Date: Date: APPROVED AS TO FORM: Jennifer Vega-Brown, City Attorney 46

47 IFB 16-PW-007 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No A (2007) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American institute of Architects. 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 the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph If there is no OWNER Default, the Surety s obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER right, if any, subsequently to declare a CONTRACTOR Default; and 47

48 IFB 16-PW The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR s right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: The Surety in accordance with the terms of the Contract; Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 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 the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor 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 Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefore to the OWNER; or 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 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 pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR s right to complete the 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 Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the CONTRACTOR for correction of defective work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the CONTRACTOR s Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non performance of the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. 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 time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice of the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirements in the location where the Contract was to be performed, any provisions 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. 12. Definitions Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Contract Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract 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. 48

49 IFB 16-PW-007 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, hereinafter called the Contractor, and, a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business in the State of New Mexico, a Surety, hereinafter called the Surety, are held and firmly bound unto the City of Rio Rancho, as obligee, hereinafter called the Agency, in the amount of Dollars ($ ), For the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally firmly by these presents. WHEREAS, the Contractor has by written agreement dated, 20, entered into a contract with Agency for the project described as follows: Recycled Water Tank at Well Site 10A, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall pay as they become due, all just claims for labor performed and materials and supplies furnished upon or for the work under said Contract, whether said labor be performed and materials and supplies be furnished under the original Contract or any Contract thereunder, then this obligation shall be null and void; otherwise it shall remain in full force and effect subject to the following conditions: The right to sue on this bond accrues only to the Agency and the parties to whom New Mexico Statute Annotated Sections through , NMSA 1953, comp. as amended, grant such right; and any such right shall be exercised only in accordance with the provisions and limitations of said statutes. SIGNED AND SEALED THIS day of, 20. (Contractor-Principal) By: Title: 49

50 IFB 16-PW-007 New Mexico Contractor s License No. ATTEST: ATTEST: Surety By: Title: This Bond is issued simultaneously with Performance Bond in favor of the Owner for the faithful performance of the Contract. 50

51 IFB 16-PW-007 CITY OF RIO RANCHO STATE OF NEW MEXICO PURCHASING DIVISION 3200 Civic Center Circle NE - Suite 300 Rio Rancho, NM INVITES YOUR FIRM TO OFFER A BID ON: IFB # 16-PW-007 RECYCLED WATER TANK AT WELL SITE 10A AS SPECIFIED IN THE ATTACHED BID DOCUMENTS. Sealed bids will be received until 02:00 PM Local Mountain Time on Thursday, January 14, 2016 By the City of Rio Rancho Office of the City Clerk 1st Floor, Room # Civic Center Circle NE Rio Rancho, NM FIRM NAME STREET ADDRESS / P.O. BOX CITY, STATE, ZIP CODE TELEPHONE NUMBER ADDRESS FAX NUMBER Complete this form as well as the following forms in their entirety as specified in the Instruction to Bidders to ensure that your bid submission is complete. 51

52 IFB 16-PW-007 BID FORM This Bid is submitted to the City of Rio Rancho, New Mexico (hereinafter called OWNER ). 1. The undersigned (hereinafter called BIDDER ), in compliance with your invitation for bids for the Recycled Water Tank at Well Site 10A, having examined the drawings and specifications, with related documents, and having examined the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of labor, materials and supplies, hereby proposes to furnish all labor, materials and supplies, and to construct the project in accordance with the contract documents at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. 2. The Bidder agrees to perform all of the following Base Work and any or all Additive Alternate(s) for the Recycled Water Tank at Well Site 10A determined as follows: CITY OF RIO RANCHO Recycled Water Tank at Well Site 10A BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT Base Bid 1 Mobilization / Demobilization LS 1 2 Construction Staking and Surveying, Complete LS 1 Traffic Control, Incl. Set Up and Maintenance, 3 Complete LS 1 4 NPDES Permitting/SWPPP, Complete LS 1 Laboratory & Site Testing - Soils, Asphalt, and 5 Concrete ALLOW 1 $25, Project Sign EA 1 7 Rough grading associated with all site construction activities described in Base Bid, CIP. LS 1 8 Excavation and fill for tank only. C.I.P. CY 3,795 9 Excavation and fill for access road. C.I.P. CY 2,010 Existing chain link fence and gate remove and 10 salvage for Owner. Complete. LF Existing 24-inch butterfly valve remove and salvage for Owner. Complete. EA 2 Existing 24-inch ductile iron cap remove and salvage for Owner. Complete. EA 2 Existing air/vacuum release valve remove and salvage for Owner. Complete. EA 1 52

53 IFB 16-PW-007 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY 12" Subgrade preparation at 95% compaction. C.I.P. SY 2,170 4" aggregate base course, crushed at 95% compaction, C.I.P. SY 2,170 UNIT PRICE EXTENDED AMOUNT inch pvc water line remove and dispose. There is no salvage value for the pipe to be removed. No separate measurement or payment will be made for disposal of pipe. Complete. LF inch pvc water line plug per Section of the Standard Specifications. C.I.P. EA 4 Fitting insertion of 24" 45 ductile iron bend (MJ x MJ). C.I.P. LB 755 Fitting insertion of 24" x 16" ductile iron reducer (MJ x MJ). C.I.P. LB inch DR-18 AWWA C-905 pvc pipe (PURPLE), excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, and nondetect marking tape, all depths. C.I.P. LF inch DR-18 AWWA C-905 pvc pipe (PURPLE), excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, and nondetect marking tape, all depths. C.I.P. LF inch DR-18 AWWA C-900 pvc pipe (PURPLE), excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, and nondetect marking tape, all depths. C.I.P. LF inch Sch40 solid wall pvc pipe (ASTM D1784), including fittings, trenching, compacted backfill, tracer wire and appurtenances, and non-detect marking tape, all depths. C.I.P. LF inch Sch40 perforated pvc pipe (ASTM D1784) for tank perimeter drain (18" x 18"), including fittings, trenching, filter fabric, 3/4" washed gravel, and compacted backfill, all depths per detail on Sht. S-4. C.I.P. LF inch PC250 ductile iron pipe, excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, non-detect marking tape, and purple polywrap, all depths. C.I.P. LF inch PC350 ductile iron pipe, excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, non-detect marking tape, and purple polywrap, all depths. C.I.P. LF 80 6-inch PC350 ductile iron pipe, excluding fittings, including trenching, compacted backfill, tracer wire and appurtenances, non-detect marking tape, and purple polywrap, all depths. C.I.P. LF inch 22-1/2 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB 2, inch 11-1/4 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB 2, inch ductile iron sleeve (MJ x MJ long), PC350, including jointing material. C.I.P. LB

54 IFB 16-PW-007 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT inch x 16-inch ductile iron tee (MJ x MJ x MJ), PC350, including jointing material. C.I.P. LB 2, inch x 16-inch ductile iron reducer (MJ x MJ), PC350, including jointing material. C.I.P. LB inch 45 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB 1, inch x 16-inch ductile iron wye (MJ x MJ x MJ), PC350, including jointing material. C.I.P. LB 2, inch ductile iron plug (MJ), PC350, including jointing material. C.I.P. LB inch 90 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB inch 45 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB inch x 12-inch ductile iron tee (MJ x MJ x MJ), PC350, including jointing material. C.I.P. LB inch x 12-inch ductile iron wye (MJ x MJ x MJ), PC350, including jointing material. C.I.P. LB inch 45 ductile iron bend (MJ x MJ), PC350, including jointing material. C.I.P. LB inch flexible coupling for tank piping with fusion epoxy coating and SS316 bolts and nuts as shown on Sht. S-14. C.I.P. EA 2 12-inch flexible coupling for tank piping with fusion epoxy coating and SS316 bolts and nuts as shown on Sht. S-14. C.I.P. EA 1 6-inch flexible coupling for tank piping with fusion epoxy coating and SS316 bolts and nuts as shown on Sht. S-14. C.I.P. EA 1 16-inch butterfly valve (MJ x MJ) with valve box and concrete collar. C.I.P. EA 5 12-inch gate valve (MJ x MJ) with valve box and concrete collar. C.I.P. EA 2 6-inch gate valve (MJ x MJ) with valve box and concrete collar. C.I.P. EA 1 24-inch mechanical joint restraining gland for DR-18 AWWA C-905 pvc pipe. C.I.P. EA inch mechanical joint restraining gland for DR-18 AWWA C-905 pvc pipe. C.I.P. EA inch mechanical joint restraining gland for PC250 ductile iron pipe. C.I.P. EA inch mechanical joint restraining gland for DR-18 AWWA C-900 pvc pipe. C.I.P. EA 7 12-inch mechanical joint restraining gland for PC350 ductile iron pipe. C.I.P. EA inch mechanical joint restraining gland for PC350 ductile iron pipe. C.I.P. EA 5 54

55 IFB 16-PW-007 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT inch pipe joint restraining harness for 24-inch DR-18 AWWA C-905 pvc pipe. C.I.P. EA 6 16-inch pipe joint restraining harness for 24-inch DR-18 AWWA C-905 pvc pipe. C.I.P. EA 6 12-inch pipe joint restraining harness for 24-inch DR-18 AWWA C-900 pvc pipe. C.I.P. EA 6 16-inch electronic control valve and vault for tank inlet/outlet per detail on Sht. S-8. C.I.P. EA 1 16-inch air/vacuum release valve and vault per detail on Sht. C-115. C.I.P. EA 1 Pressure transmitter for installation at City Wastewater Treatment Plant No. 2 pressure sustaining valve controlling flow from Cabezon Booster Station as described in the specifications. C.I.P. EA MG Prestressed concrete tank and all related piping and appurtenances, as shown on the plans, to 2 feet outside outer edge of tank foundation, excluding flexible connectors, excluding tank perimeter drain, including roof access stairway, level sensor, and related appurtenances, C.I.P. LS 1 All electrical and control work as described in the construction documents for the Base Bid, excluding pedestal fixtures along access road. C.I.P. LS 1 24-inch diameter ployethylene drain basin for tank perimeter drain with solid cover. C.I.P. EA 1 Rip rap, 6" diameter washed rock, associated with pipe outlets for tank perimeter drain and tank overflow/drain discharge line as shown in the plans. C.I.P. CY 10 Chain link security fence with all appurtenances per plans. C.I.P. LF 1,760 SUBTOTAL Base Bid (Bid items 1 through 63): NM Gross Receipts Tax on Base Bid Submission %: Total Base Bid Submission: Additive Alternate 1 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 64 Construction Staking and Surveying, Complete LS 1 65 NPDES Permitting/SWPPP, Complete LS 1 66 Laboratory & Site Testing - Soils, Asphalt, and Concrete ALLOW 1 $1, Rough grading associated with North Pond CIP. LS 1 55

56 IFB 16-PW-007 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 68 Excavation and fill for north pond. C.I.P. CY 3, inch CMP drainage pipe and end section associated with North stormwater ponds as shown in the plans, all depths. C.I.P. LF 225 Drainage inlet for North pond, as shown on Sht. C C.I.P. EA 1 SUBTOTAL Additive Alternate 1 (Bid items 64 through 70): NM Gross Receipts Tax on Base Bid Submission %: Total Additive Alternate 1 Bid Submission: Additive Alternate 2 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 71 Construction Staking and Surveying, Complete LS 1 72 NPDES Permitting/SWPPP, Complete LS 1 73 Laboratory & Site Testing - Soils, Asphalt, and Concrete ALLOW 1 $1, Rough grading associated with South Pond, CIP. LS 1 75 Excavation and fill for east pond. C.I.P. CY 9, inch CMP drainage pipe with end section associated with South stormwater ponds as shown in the plans. C.I.P. LF 225 Drainage inlet for South pond, as shown on Sht. C C.I.P. EA 1 SUBTOTAL Additive Alternate 2 (Bid items 71 through 77): NM Gross Receipts Tax on Base Bid Submission %: Total Additive Alternate 2 Bid Submission: Additive Alternate 3 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 78 Construction Staking and Surveying, Complete LS 1 79 NPDES Permitting/SWPPP, Complete LS Laboratory & Site Testing - Soils, Asphalt, and Concrete ALLOW 1 $1, Existing asphalt paving at connection to new access road sawcut, remove, dispose, and replace. Complete. SY 56 Existing mountable curb and gutter sawcut, remove, and dispose. Complete. LF

57 IFB 16-PW-007 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 83 8-inch curb and gutter for collector and arterial streets as shown on Sht. C-506. C.I.P. LF Cutoff wall as shown on Sht. C-506. C.I.P. LF 1, Asphalt street with Type SP-III asphalt as shown on Sht. C-506 including subgrade preparation, aggregate base course, asphalt, and tack coat. C.I.P. SY 2, Concrete valley gutter at entrance to access road as shown on Sht. C-506. C.I.P. SY 95 SUBTOTAL Additive Alternate 3 (Bid items 78 through 86): NM Gross Receipts Tax on Base Bid Submission %: Total Additive Alternate 3 Bid Submission: Additive Alternate 4 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 87 Construction Staking and Surveying, Complete LS 1 88 NPDES Permitting/SWPPP, Complete LS Laboratory & Site Testing - Soils, Asphalt, and Concrete ALLOW 1 $1, Rock lining for drainage swale on south side of access road, 3"washed rock, no weed barrier. C.I.P. CY 230 Weed barrier for slope stabilization for gravel mulch underlayment as described in the plans. C.I.P. SY 14,580 Gravel mulch consisting of 1-1/2" washed rock as described in the plans. C.I.P. CY 608 SUBTOTAL Additive Alternate 4 (Bid items 87 through 92): NM Gross Receipts Tax on Base Bid Submission %: Total Additive Alternate 4 Bid Submission: Additive Alternate 5 BID ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 93 Construction Staking and Surveying, Complete LS Laboratory & Site Testing - Soils, Asphalt, and Concrete ALLOW 1 $1, All electrical and control work as described in the construction documents, including pedestal fixtures along access road. C.I.P. LS 1 SUBTOTAL Additive Alternate 5 (Bid Items 93 through 95): NM Gross Receipts Tax on Base Bid Submission %: Total Additive Alternate 5 Bid Submission: 57

58 IFB 16-PW-007 SUBTOTAL Base Bid and ALL 5 Additive Alternates excluding taxes: NM Gross Receipts Tax on Total Bid Submission %: Total Bid Submission: 3. BIDDER acknowledges receipt of the following Addenda: Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date 4. BIDDER agrees that this Bid Proposal may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receipt of bids. 5. If the Contract is to be awarded. OWNER will give the apparent Successful Bidder a Notice of Recommendation to Award within sixty (60) days after the scheduled closing time for receipt of bids. 6. Upon receipt of Notice of Recommendation to Award, BIDDER shall execute the formal Contract Documents within ten (10) days and deliver the Performance Bond, Labor and Material Payment Bond, and Certificates of Insurance as required herein. 7. The attached Bid Security is to become the property of the OWNER, in the event the Agreement and bonds are not executed within the time specified in this Bid Proposal, as liquidated damages for the delay and additional expenses caused to the OWNER. 8. BIDDER hereby agrees to commence Work under this Contract in accordance with the Notice to Proceed from the OWNER and to substantially complete the Project as provided in the Contract Documents within One Hundred Eighty (180) consecutive calendar days after the date Contract Time begins as provided in the Contract Documents. BIDDER further agrees to pay, as liquidated damages, the amount of Two Thousand dollars ($ 2,000.00) for each consecutive calendar day thereafter as provided in the Supplementary Conditions. 9. BIDDER hereby declares that the only persons or firms interested in the Bid Proposal as principal or principles is or are named herein and that no other persons or firms than herein mentioned have any interest in the Bid or in the Contract to be entered into; that this Bid is made without collusion with any person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. 58

59 IFB 16-PW BIDDER hereby agrees if awarded the Contract, to comply with the Affirmative Action/Equal Employment Opportunity and Nondiscrimination requirements of the Supplementary Conditions and to submit all information and reports required therein. 11. If requested, BIDDER agrees to furnish to the OWNER all information and data necessary for the OWNER to determine the ability of BIDDER to perform the Work. This Bid is hereby respectfully submitted by: Name of BIDDER Federal Tax ID Number By: Printed Name Authorized Signature Title Date Bidder s Mailing Address Additional Address Information City, State, Zip Code Bidder s Telephone Number Bidder s Fax Number Bidder s Address Bidder s NM Contractor s License Number(s) and Classifications(s) Contractor s Department of Labor Registration Number New Mexico State Corporation Commission Number Bidder s Gross Receipts Tax No. 59

60 IFB 16-PW-007 CITY OF RIO RANCHO BIDDER'S LISTING of SUBCONTRACTORS for Compliance with SUBCONTRACTORS FAIR PRACTICES ACT BIDDER must list all Subcontractors whose listing is required pursuant to the New Mexico Subcontractors Fair Practices Act and estimated work exceeds the threshold amount of Nine Thousand and no/100 Dollars ($9,000.00) or ½ of 1% of the engineer s estimate. Company Name: Address: City: State: Zip: Address: License Number: Phone Number: Fax Number: Work to be performed: Contract Over $ 60,000: YES NO Company Name: Address: City: State: Zip: Address: License Number: Phone Number: Fax Number: Work to be performed: Contract Over $ 60,000: YES NO Company Name: Address: City: State: Zip: Address: License Number: Phone Number: Fax Number: Work to be performed: Contract Over $ 60,000: YES NO Company Name: Address: City: State: Zip: Address: License Number: Phone Number: Fax Number: Work to be performed: Contract Over $ 60,000: YES NO Company Name: Address: City: State: Zip: Address: License Number: Phone Number: Fax Number: Work to be performed: Contract Over $ 60,000: YES NO ADDITIONAL SHEETS LISTING SUBCONTRACTORS MAY BE ATTACHED IF NECESSARY. NOTICE TO BIDDER List only one subcontractor for each category of work. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL MAKE THE BID NON RESPONSIVE and the Bid will be rejected. CONTRACTOR: FIRM: By: Title: Date: 60

61 IFB 16-PW-007 Bid Bond BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: Date (Not later than Bid due date): Penal Sum: (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bounded hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER (Seal) Bidder s Name and Corporate Seal By: Signature and Title Attest: Signature and Title SURETY (Seal) Surety s Name and Corporate Seal By: Signature and Title (Attached power of Attorney) Attest: Signature and Title 61

62 IFB 16-PW-007 Note: (1) Above address are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 OWNER accepts Bidder s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within thirty (30) calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety s written consent. 6. No suit or action shall be commenced under this Bond prior to thirty (30) calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the offer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term Bid as used herein includes a Bid, offer or proposal as applicable. 62

63 IFB 16-PW-007 LOCAL/AREA/RESIDENT/RESIDENT VETERAN/RECYCLED CONTENT GOODS PREFERENCE CERTIFICATION FORM Business Name: Principal Place of Business: Address: State ZIP DEFINITIONS: Recycled content goods has the meaning set forth in NMSA (A)(6), as amended from time to time. RESIDENT BUSINESS has the meaning set forth in NMSA (A)(5), as amended from time to time. RESIDENT CONTRACTOR has the meaning set forth in NMSA (A)(5), as amended from time to time. RESIDENT VETERAN BUSINESS has the meaning set forth in NMSA (A)(7), as amended from time to time. RESIDENT VETERAN CONTRACTOR has the meaning set forth in NMSA (A)(6), as amended from time to time. STATUTORY PREFERENCE means the preference for Resident Businesses, Resident Contractors, Resident Veteran Businesses, Resident Veteran Contractors, and Recycled Content Goods provided in NMSA or , as amended from time to time. Qualifying company means a company that qualifies for a Statutory Preference under NMSA or , as amended from time to time. LOCAL BUSINESS means a Resident Business or Resident Contractor which: (a) Is authorized to do and is doing business under the laws of the State of New Mexico; (b) Possesses a current city business registration; (c) Maintains its principal place of business within the corporate limits of the city; and (d) Agrees to furnish evidence, in a form suitable to the city, of its payment of New Mexico Gross Receipts Tax. AREA BUSINESS means a Resident Business or Resident Contractor which: (a) Is authorized to do and is doing business under the laws of the State of New Mexico; (b) Possesses a current city business registration; (c) Maintains a bona fide place of business within the corporate limits of the city, and agrees to conduct its activities pursuant to the contract for which it is bidding or proposing, to the extent practicable, from that place of business; and (d) Agrees to furnish evidence, in a form suitable to the city, of its payment of New Mexico Gross Receipts Tax. No bid or proposal shall receive both the Local Business and Area Business preferences. 63

64 IFB 16-PW-007 INSTRUCTIONS: In all invitations for bid and requests for proposals, the Statutory Preferences shall be applied in the manner set forth in NMSA or , as amended from time to time. In addition to the Statutory Preferences, a preference for Local Businesses and Area Businesses shall be administered in the same manner as the Statutory Preferences, as follows: (1) in the event a Local Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the Local Business shall receive a two percent (2%) preference in addition to (and not in lieu of) the Statutory Preference; and (2) in the event an Area Business submits a qualifying bid or proposal and one or more Qualifying Companies also submits a bid or proposal, the Area Business shall receive a one percent (1%) preference in addition to (and not in lieu of) the Statutory Preference. No bid or proposal shall receive both the Local Business and Area Business preferences. In addition to the definitions and criteria set forth in this section, the central purchasing office may impose additional requirements regarding the nature, size and/or location of offerors or bidders in any request for proposals or invitation for bids. As a result, companies responding to such solicitations should review the solicitation documents thoroughly. A COPY OF A RESIDENT BUSINESS OR CONTRACTOR / VETERAN BUSINESS OR CONTRACTOR CERTIFICATE ISSUED BY THE NEW MEXICO TAXATION AND REVENUE DEPARTMENT IS REQUIRED TO BE SUBMITTED ALONG WITH YOUR BID / OFFER IN ORDER TO QUALIFY FOR THE STATUTORY RESIDENT / VETERAN PREFERENCE. In addition, the attached Resident Veterans Preference Certification form must accompany any bid/offer and any business wishing to receive a resident veteran's preference must complete and sign the form. REQUESTS FOR RECYCLED CONTENT GOODS PREFERENCE MUST BE ACCOMPANIED BY OFFICIAL / VERIFIABLE EVIDENCE THAT THE MATERIAL BEING BID / OFFERED CONTAINS THE MINIMUM RECYCLED CONTENT REQUIRED BY STATE STATUE. THIS FORM MUST BE SUBMITTED AT THE TIME BIDS / OFFERS IN ORDER TO CLAIM LOCAL, AREA, RESIDENT, VETERAN OR RECYCLED CONTENT GOODS PREFERENCE. PLEASE INDICATE THE TYPE OF PREFERENCE CLAIMED: If your firm is a Qualifying Company please circle the type of preference for which your firm qualifies and indicate your appropriate annual revenue threshold: RECYCLED CONTENT GOODS RESIDENT BUSINESS RESIDENT CONTRACTOR RECYCLED CONTENT GOODS RESIDENT VETERAN BUSINESS Annual revenue $1,000, or less Annual revenue more than $1,000, but less than $ 5,000, Annual revenue more than $5,000, or more RESIDENT VETERAN BUSINESS Annual revenue $1,000, or less 64

65 IFB 16-PW-007 Annual revenue more than $1,000, but less than $ 5,000, Annual revenue more than $5,000, or more RESIDENT VETERAN CONTRACTOR Annual revenue $1,000, or less Annual revenue more than $1,000, but less than $ 5,000, Annual revenue more than $5,000, or more If your firm is applying for either a Local or Area Preference, please circle the type of preference for which your firm qualifies. (Select only one): LOCAL BUSINESS AREA BUSINESS CITY OF RIO RANCHO BUSINESS LICENSE REGISTRATION NUMBER: (Must be provided if claiming Local Business or Area Business Preference) If submitting a joint bid/proposal please indicated proportion of work to be completed by qualifying company: % CERTIFICATION: I hereby certify that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and if requested by the City will provide, within 10 days of notice, the necessary documents to substantiate the information provided on this form. By: Title: Date: 65

66 IFB 16-PW-007 Resident Veterans Preference Certification (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans' preference to this procurement: Please check one box only: I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. "I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January I and ending on December 31, the following to be true and accurate: "In conjunction with this procurement and the requirements of this business' application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections or NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. "I understand that knowingly giving false or misleading information on this report constitutes a crime." I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime. (Signature of Business Representative)* (Date) *Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect. 66

67 IFB 16-PW-007 CERTIFICATION OF BIDDER REGARDING AFFIRMATIVE ACTION / EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION PROJECT: Recycled Water Tank at Well Site 10A The Bidder hereby acknowledges and agrees to abide by the Special provisions for Affirmative Action/Equal Employment Opportunity and Nondiscrimination and all other provisions, regulations, of the OWNER for Affirmative Action/Equal Employment Opportunity and Nondiscrimination. The Bidder has participated with any agency in a previous contract or subcontract subject to any Equal Employment Opportunity and Nondiscrimination in Employment requirements? Yes ( ) No ( ) Compliance reports were required to be filed in connection with such contract or subcontract? Yes ( ) No ( ) The Bidder has filed all compliance reports due under applicable instructions? If answer to this statement is No, explain in detail on the reverse side of this certification. Name of Bidder Address of Bidder Telephone Number By (Signature) (Date) Printed Name & Title of Bidder s Authorized Representative. 67

68 IFB 16-PW-007 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of } } Being first duly sworn deposes and says that: 1. He/She is the of, the Bidder that has submitted the attached bid; 2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other Bidder firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price of any other Bidder, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Rio Rancho or any person interested in the proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before Me this day of, 20 Signed: Notary Public Title My commission expires: 68

69 Wage information will be provided by addendum in the near future.

70 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

71 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA (703) American Council of Engineering Companies th Street N.W., Washington, DC (202) American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA (800) Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA (703) The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

72 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1 Definitions and Terminology Defined Terms Terminology...5 Article 2 Preliminary Matters Delivery of Bonds and Evidence of Insurance Copies of Documents Commencement of Contract Times; Notice to Proceed Starting the Work Before Starting Construction Preconstruction Conference; Designation of Authorized Representatives Initial Acceptance of Schedules...7 Article 3 Contract Documents: Intent, Amending, Reuse Intent Reference Standards Reporting and Resolving Discrepancies Amending and Supplementing Contract Documents Reuse of Documents Electronic Data...10 Article 4 Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points Availability of Lands Subsurface and Physical Conditions Differing Subsurface or Physical Conditions Underground Facilities Reference Points Hazardous Environmental Condition at Site...14 Article 5 Bonds and Insurance Performance, Payment, and Other Bonds Licensed Sureties and Insurers Certificates of Insurance Contractor s Insurance Owner s Liability Insurance Property Insurance Waiver of Rights Receipt and Application of Insurance Proceeds...21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i Page

73 5.09 Acceptance of Bonds and Insurance; Option to Replace Partial Utilization, Acknowledgment of Property Insurer...21 Article 6 Contractor s Responsibilities Supervision and Superintendence Labor; Working Hours Services, Materials, and Equipment Progress Schedule Substitutes and Or-Equals Concerning Subcontractors, Suppliers, and Others Patent Fees and Royalties Permits Laws and Regulations Taxes Use of Site and Other Areas Record Documents Safety and Protection Safety Representative Hazard Communication Programs Emergencies Shop Drawings and Samples Continuing the Work Contractor s General Warranty and Guarantee Indemnification Delegation of Professional Design Services...34 Article 7 Other Work at the Site Related Work at Site Coordination Legal Relationships...36 Article 8 Owner s Responsibilities Communications to Contractor Replacement of Engineer Furnish Data Pay When Due Lands and Easements; Reports and Tests Insurance Change Orders Inspections, Tests, and Approvals Limitations on Owner s Responsibilities Undisclosed Hazardous Environmental Condition Evidence of Financial Arrangements Compliance with Safety Program...37 Article 9 Engineer s Status During Construction Owner s Representative Visits to Site...37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii

74 9.03 Project Representative Authorized Variations in Work Rejecting Defective Work Shop Drawings, Change Orders and Payments Determinations for Unit Price Work Decisions on Requirements of Contract Documents and Acceptability of Work Limitations on Engineer s Authority and Responsibilities Compliance with Safety Program...40 Article 10 Changes in the Work; Claims Authorized Changes in the Work Unauthorized Changes in the Work Execution of Change Orders Notification to Surety Claims...41 Article 11 Cost of the Work; Allowances; Unit Price Work Cost of the Work Allowances Unit Price Work...45 Article 12 Change of Contract Price; Change of Contract Times Change of Contract Price Change of Contract Times Delays...47 Article 13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work Notice of Defects Access to Work Tests and Inspections Uncovering Work Owner May Stop the Work Correction or Removal of Defective Work Correction Period Acceptance of Defective Work Owner May Correct Defective Work...51 Article 14 Payments to Contractor and Completion Schedule of Values Progress Payments Contractor s Warranty of Title Substantial Completion Partial Utilization Final Inspection Final Payment Final Completion Delayed Waiver of Claims...58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii

75 Article 15 Suspension of Work and Termination Owner May Suspend Work Owner May Terminate for Cause Owner May Terminate For Convenience Contractor May Stop Work or Terminate...60 Article 16 Dispute Resolution Methods and Procedures...61 Article 17 Miscellaneous Giving Notice Computation of Times Cumulative Remedies Survival of Obligations Controlling Law Headings...62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv

76 ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 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 Contractor 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. Bidder The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62

77 12. Contract Documents Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions 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 in the case of Unit Price Work). 14. Contract Times The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer s written recommendation of final payment. 15. Contractor The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work See Paragraph 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 Drawings 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. 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. 21. General Requirements Sections of Division 1 of the Specifications. 22. 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. 23. 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. 24. 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. 25. Liens Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62

78 27. Notice of Award The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. 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. 29. Owner The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. 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. 32. Progress Schedule A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor s plan to accomplish the Work within the Contract Times. 33. Project The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. 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 contained in the table(s) of contents. 35. Radioactive Material Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62

79 40. 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. 41. 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. 42. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. 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. 44. 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. 45. Successful Bidder The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier A manufacturer, fabricator, supplier, 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 Subcontractor. 48. 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. 49. Unit Price Work Work to be paid for on the basis of unit prices. 50. Work The entire 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. 51. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62

80 1.02 Terminology 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. A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms as allowed, as approved, as ordered, as directed or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, 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 exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and 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 9.09 or any other provision of the Contract Documents. C. Day: 1. The word day means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word defective, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. 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 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62

81 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. F. Unless stated otherwise in the Contract Documents, words or phrases that 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 and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. 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 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence 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 commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62

82 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 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. 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 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, 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.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 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 the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62

83 the Work, nor interfere with or relieve Contractor from Contractor s full responsibility therefor. 2. Contractor s Schedule of Submittals will be 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 required by one is as binding as if required 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 equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated 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 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, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, 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 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62

84 1. Contractor s Review of Contract Documents Before Starting Work: 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 discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor s Review of Contract Documents During Performance of Work: 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 (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. 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 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 had actual knowledge 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, or code, or the instruction of any Supplier (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 provisions of the Contract Documents would result in violation of such Law or Regulation) 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 by either a Change Order or 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: 1. A Field Order; 2. Engineer s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62

85 3. Engineer s written interpretation or clarification Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. 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 its consultants, including electronic media editions; or 2. reuse any 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 adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data s creator. ARTICLE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL 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. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62

86 Contract Price or Contract Times, or both, as a result of any delay in Owner s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner s interest therein as necessary for giving notice of or filing a mechanic s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the technical data contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such technical data is identified in the Supplementary Conditions. Except for such reliance on such technical data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions, or information Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any technical data on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62

87 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62

88 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62

89 4.05 Reference Points or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the technical data contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such technical data is identified in the Supplementary Conditions. Except for such reliance on such technical data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any technical data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62

90 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph Owner may have such deleted portion of the Work performed by Owner s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual s or entity s own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual s or entity s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62

91 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62

92 B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor s liability under the indemnities granted to Owner in the Contract Documents Contractor s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor s performance of the Work and Contractor s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62

93 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter Owner s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner s option, may purchase and maintain at Owner s expense Owner s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62

94 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder s Risk all-risk policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62

95 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62

96 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62

97 ARTICLE 6 CONTRACTOR S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62

98 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order Substitutes and Or-Equals A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or or-equal item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. Or-Equal Items: If in Engineer s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an or-equal item, in which case review and approval of the proposed item may, in Engineer s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62

99 2. Substitute Items: a. If in Engineer s sole discretion an item of material or equipment proposed by Contractor does not qualify as an or-equal item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62

100 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No or equal or substitute will be ordered, installed or utilized until Engineer s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an or equal. Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer s Cost Reimbursement: Engineer will record Engineer s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor s Expense: Contractor shall provide all data in support of any proposed substitute or or-equal at Contractor s expense Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62

101 other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62

102 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62

103 6.10 Taxes court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor s obligations under Paragraph C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62

104 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner s safety programs, if any. The Supplementary Conditions identify any Owner s safety programs that are applicable to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62

105 D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor s safety program with which Owner s and Engineer s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62

106 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor s obligations under the Contract Documents with respect to Contractor s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62

107 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph or as Owner and Contractor may otherwise agree in writing Contractor s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor s warranty and guarantee. B. Contractor s warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62

108 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62

109 Supplier, or other individual or entity under workers compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62

110 ARTICLE 7 OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor s Work. Contractor s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor s Work except for latent defects and deficiencies in such other work Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62

111 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor s wrongful action or inactions. ARTICLE 8 OWNER S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs C and C Lands and Easements; Reports and Tests A. Owner s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and Paragraph 4.02 refers to Owner s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site Insurance A. Owner s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62

112 8.08 Inspections, Tests, and Approvals A. Owner s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph B Limitations on Owner s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor s failure to perform the Work in accordance with the Contract Documents Undisclosed Hazardous Environmental Condition A. Owner s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner s obligations under the Contract Documents Compliance with Safety Program A. While at the Site, Owner s employees and representatives shall comply with the specific applicable requirements of Contractor s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 ENGINEER S STATUS DURING CONSTRUCTION 9.01 Owner s Representative A. Engineer will be Owner s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner s representative during construction are set forth in the Contract Documents Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62

113 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer s visits and observations are subject to all the limitations on Engineer s authority and responsibility set forth in Paragraph Particularly, but without limitation, during or as a result of Engineer s visits or observations of Contractor s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph If Owner designates another representative or agent to represent Owner at the Site who is not Engineer s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed Shop Drawings, Change Orders and Payments A. In connection with Engineer s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62

114 B. In connection with Engineer s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph C. In connection with Engineer s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer s authority as to Applications for Payment, see Article Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph The date of Engineer s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph B. C. Engineer s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity Limitations on Engineer s Authority and Responsibilities A. Neither Engineer s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62

115 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any Compliance with Safety Program A. While at the Site, Engineer s employees and representatives shall comply with the specific applicable requirements of Contractor s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 CHANGES IN THE WORK; CLAIMS Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph D. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62

116 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph A, (ii) required because of acceptance of defective Work under Paragraph A or Owner s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A Notification to Surety Claims A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. A. Engineer s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph B. Each Claim shall be accompanied by claimant s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62

117 opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant s last submittal (unless Engineer allows additional time). C. Engineer s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer s written action under Paragraph C or denial pursuant to Paragraphs C.3 or D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62

118 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor s Cost of the Work and fee shall be determined in the same manner as Contractor s Cost of the Work and fee as provided in this Paragraph Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62

119 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph A.1 or specifically covered by Paragraph A.4, all of which are to be considered administrative costs covered by the Contractor s fee. 2. Expenses of Contractor s principal and branch offices other than Contractor s office at the Site. 3. Any part of Contractor s capital expenses, including interest on Contractor s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs A. C. Contractor s Fee: When all the Work is performed on the basis of cost-plus, Contractor s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor s fee shall be determined as set forth in Paragraph C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62

120 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs A and B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor s overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62

121 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor s fee for overhead and profit (determined as provided in Paragraph C). C. Contractor s Fee: The Contractor s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs A.1 and A.2, the Contractor s fee shall be 15 percent; b. for costs incurred under Paragraph A.3, the Contractor s fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62

122 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs C.2.a and C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs A.1 and A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs A.4, A.5, and B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor s fee shall be computed on the basis of the net change in accordance with Paragraphs C.2.a through C.2.e, inclusive Change of Contract Times Delays A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62

123 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor s sole and exclusive remedy for the delays described in this Paragraph C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor s safety procedures and programs so that they may comply therewith as applicable Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs C and D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph B shall be paid as provided in Paragraph C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62

124 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner s and Engineer s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph E shall be at Contractor s expense unless Contractor has given Engineer timely notice of Contractor s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer s observation and replaced at Contractor s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62

125 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner s special warranty and guarantee, if any, on said Work Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62

126 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor s obligations under this Paragraph are in addition to any other obligation or warranty. The provisions of this Paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor s services related thereto, take possession of Contractor s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62

127 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner s representatives, agents and employees, Owner s other contractors, and Engineer and Engineer s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner s rights and remedies under this Paragraph ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62

128 Work have been applied on account to discharge Contractor s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer s observations of the executed Work as an experienced and qualified design professional, and on Engineer s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor s being entitled to such payment appear to have been fulfilled in so far as it is Engineer s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer s review of Contractor s Work for the purposes of recommending payments nor Engineer s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62

129 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor s failure to comply with Laws and Regulations applicable to Contractor s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer s opinion, it would be incorrect to make the representations to Owner stated in Paragraph B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer s recommendation, the amount recommended will (subject to the provisions of Paragraph D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62

130 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs B.5.a through B.5.c or Paragraph A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph C.1 and subject to interest as provided in the Agreement Contractor s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62

131 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer s issuing the definitive certificate of Substantial Completion, Engineer s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62

132 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer s Review of Application and Acceptance: 1. If, on the basis of Engineer s observation of the Work during construction and final inspection, and Engineer s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62

133 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62

134 1. Contractor s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor s repeated disregard of the authority of Engineer; or 4. Contractor s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs B and C, Contractor s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62

135 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs B and C Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph are not intended to preclude Contractor from making a Claim under Paragraph for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor s stopping the Work as permitted by this Paragraph. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62

136 ARTICLE 16 DISPUTE RESOLUTION Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer s action under Paragraph C or a denial pursuant to Paragraphs C.3 or D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 MISCELLANEOUS Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62

137 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62

138 Supplemental Technical Specifications and Construction Drawings For City of Rio Rancho 2.0 MG Recycled Water Tank at Well 10A CORR Project WW1495 IFB No. 15-PW-xxx CITY OF RIO RANCHO, NEW MEXICO I, James D. Brauer, PE, hereby certify that I am a licensed Professional Engineer in the State of New Mexico (NMPE#15639) and that the Project Description, Bid Form Line Items, Supplemental Technical Specifications, and Construction Drawings were prepared by me or under my direct supervision. James D. Brauer, PE (NMPE#15639) Date: December 7, 2015 PREPARED BY: Huitt-Zollars, Inc. 333 Rio Rancho Dr. NE, Ste. 101 Rio Rancho, NM HZI Project No. R PREPARED FOR: City of Rio Rancho Department of Finance/Purchasing Division 3200 Civic Center Circle, NE Rio Rancho, New Mexico Phone (505)

139 TECHNICAL SPECIFICATIONS The New Mexico Standard Specifications for Public Works Construction, 2006 Edition, as amended with updates are incorporated here by reference and shall govern the construction of this project except where revised, amended, or supplemented by the project Supplemental Technical Specifications. SUPPLEMENTAL TECHNICAL SPECIFICATIONS City of Rio Rancho 2.0 MG Recycled Water Tank at Well 10A The following revisions and/or additions to the Technical Specifications are hereby made a part of the Contract Documents. The New Mexico Standard Specifications for Public Works construction, 2006 Edition, as amended with updates are incorporated here by reference and shall govern the construction of this project except where revised, amended, or supplemented by these Supplemental Technical Specifications. Dimensions given on the plans or which shall be calculated will govern over scaled dimensions. TABLE OF CONTENTS Spec Section DIVISION 1 Title/Description GENERAL REQUIREMENTS Summary of Work Work Sequence Contract Considerations Allowances Coordination and Meetings Coordination with Public Submittals Quality Control Testing Laboratory Services Video Taping Construction Facilities and Temporary Controls Construction Survey and Staking Starting of Systems Contract Closeout Permits DIVISION 2 SITEWORK Rough Grading Excavation Fill and Backfill Valves and Pressure Transmitters Installation of Recycled Water Transmission Line Portland Cement for Concrete Paving Chain Link Fencing and Gates City of Rio Rancho TOC-1 Technical Specifications 2.0MG Recycled Water Tank at Well 10A

140 DIVISION 3 CONCRETE Concrete Forms and Accessories Concrete Reinforcement Cast-In-Place Concrete DIVISION 13 SPECIAL CONSTRUCTION Wire or Strand Wound, Prestressed Concrete Tank DIVISION 16 ELECTRICAL Electrical APPENDIX A- Geotechnical Report " Geotechnical Engineering Report Well 10A Reuse Tank June 3, 2015 by Terracon Consultants, Inc. City of Rio Rancho TOC-2 Technical Specifications 2.0MG Recycled Water Tank at Well 10A

141 SECTION SUMMARY OF WORK PART 1 GENERAL 1.1 WORK INCLUDED Work under this Contract generally consists of constructing a new 2.0 MG prestressed concrete ground storage tank, partially buried, in conformance with AWWA D , Type III. The tank will be constructed adjacent to the existing Well 10A 2.0 MG ground storage tank located at the Well 10A arsenic treatment and booster station facility. The tank will be set into the north face of the hillside at the elevations shown on the plans. Over excavation and replacement with structural fill will be required prior to beginning work on the tank foundation and floor. The proposed tank will be the first of two planned tanks at this site. Site piping and improvements are included to allow for convenient connection to the future tank. The project will consist of a Base Bid and five Additive Alternates. Base Bid The Base Bid will include the following work: 1. Rough grade the site to provide an access road consisting of 4 base course over 12 prepared subgrade from the existing Well 10A driveway to the east of the proposed tank site. 2. Rough grade the site for the proposed 2.0 MG tank including all excavation required to construct the proposed 2.0 MG tank. 3. Construction of the access road, as shown on the plans. 4. Construction of the proposed 2.0 MG tank with stairway and final site grading associated with the access road and tank, as shown on the plans, excluding: a. North Pond and its associated intake structure, piping, and outlet structure; b. South Pond and its associated intake structure, piping, and outlet structure; and, c. Weed barrier and gravel mulch. 5. Construct all piping improvements shown on the plans. 6. Install electrical and communications conduit, wiring, and associated equipment as shown on Sht. E Install lighting in immediate vicinity of proposed tank only. Do not install lighting and associated conduit and wiring shown on Sht. E101 that is adjacent to the access road. 8. Construct a security fence as shown on the plans. Additive Alternate 1 Additive Alternate 1 includes the Base Bid and the following work: 1. All earthwork associated with rough and final grading of the North Pond and its associated intake structure, piping, and outlet structure, excluding weed barrier and gravel mulch. Additive Alternate 2 Additive Alternate 2 includes the Base Bid, Additive Alternate 1 and the following work: 1. All earthwork associated with rough and final grading of the South Pond and its associated intake structure, piping, and outlet structure, excluding weed barrier and gravel mulch. Additive Alternate 3 Additive Alternate 3 includes the Base Bid, Additive Alternate 1, Additive Alternate 2 and the following work: City of Rio Rancho Summary of Work 2.0MG Recycled Water Tank at Well 10A

142 1. Construction of asphalt access road in lieu of base course over prepared subgrade described in Base Bid, including: a. Concrete curb and gutter; b. Concrete cutoff wall; and, c. Valley gutter at connection to existing Well 10A access road. Additive Alternate 4 Additive Alternate 4 includes the Base Bid, Additive Alternate 1, Additive Alternate 2, Additive Alternate 3 and the following work: 1. Installation of weed barrier and gravel mulch for all finish graded areas and rock dams in the drainage swale on the south side of the access road. Additive Alternate 5 Additive Alternate 5 includes the Base Bid, Additive Alternate 1, Additive Alternate 2, Additive Alternate 3, Additive Alternate 4 and the following work: 1. Install lighting and associated conduit and wiring shown on Sht. E101 that is adjacent to the south side of the access road. The tank will have a 113-ft inside diameter and a ft design water depth. The tank will have a 16-inch inlet/outlet penetrating the floor from the bottom. This outlet will allow water to drain back towards the Cabezon Booster Station providing irrigation service to customer along the transmission main route when there is no pumping from the booster station. Flow to and from the tank from this 16-inch line will be controlled by an electronically controlled valve that will be connected to the Well 10A SCADA system. A separate 16-inch outlet will exit through the bottom of the tank and discharge to the City s Advanced Water Treatment Facility (AWTF) southwest of the tank site. Water will only discharge through this outlet when called for by the AWTF. The tank will be provided with a tank overflow and drain that will also exit through the tank floor. Portions of the future tank AWTF discharge, tank overflow, and drain lines will be constructed as part of this project. An existing 24-inch recycled water line has previously been constructed that crosses through the project site. Portions of this line will be abandoned in place while other portions of the line will be removed and disposed to allow for placement of a new recycled water line. An existing air/vacuum valves and two existing butterfly valves located south of the new tank will be salvaged for the City as part of this project. A new 24-inch recycled water line will connect to the existing 24-inch line at the east end of the new access road. The new 24-inch line will follow the new access road, uphill to the new and future tank locations. Two 16-inch lines will branch off of the 24-inch line to provide inlet/outlet service to the tanks. The 16-inch branch to the future tank will be valved and capped at this time. The new 24-inch line will reduce to a 16-inch line immediately after the tee providing service to the new tank. The 16-inch line will continue to the west and south until it reconnects to the existing 24-inch recycled water line via a 24 x 16 reducer upstream of the AWTF. A new air/vacuum valve and vault will be constructed upstream of the proposed connection. As part of this project the Contractor shall provide two (2) pressure transmitters for installation at the City s Wastewater Treatment Plant No. 2 pressure sustaining valve that controls flow from the Cabezon Recycled Water Booster Station. One transmitter will replace the existing analog pressure gauge on the upstream side of the pressure sustaining valve and the other transmitter will replace the existing analog pressure gauge on the downstream side of the pressure sustaining valve. The City will connect the new City of Rio Rancho Summary of Work 2.0MG Recycled Water Tank at Well 10A

143 transmitters to its SCADA system in conjunction with the City installing the existing electronically controlled solenoid for the valve. 1.2 SPECIAL CONSIDERATIONS The equipment startup operation for this project may utilize potable water within the Rio Rancho water supply system. Therefore every effort shall be made to avoid waste or discharge of water during the startup period. Coordination with and notifications to the Rio Rancho Utility Department, at shall be maintained at all times during the startup period, concerning use and discharge of potable water. Any potable water utilized shall be from a City-designated fire hydrant and shall be metered. END OF SECTION City of Rio Rancho Summary of Work 2.0MG Recycled Water Tank at Well 10A

144 SECTION WORK SEQUENCE PART 1 GENERAL 1.1 WORK SEQUENCE A. All new work may be scheduled simultaneously but must be done under the requirements listed below. 1.2 SPECIAL CONSIDERATIONS A. Notify Owner a minimum of forty eight (48) hours prior to start of operating electrical/mechanical equipment, and schedule of startup, in accordance with Specifications. B. Notify Owner a minimum of forty eight (48) hours prior to requiring any connections to the existing wastewater system and operation of existing valves. C. Notify Owner of any changes to schedule which requires coordination with other contractors on the site. END OF SECTION City of Rio Rancho Work Sequence 2.0MG Recycled Water Tank at Well 10A

145 SECTION CONTRACT CONSIDERATIONS PART 1 GENERAL 1.1 SECTION INCLUDES A. Schedule of Values. B. Application for Payment. C. Change procedures. 1.2 SCHEDULE OF VALUES A. Submit printed schedule in accordance with Article 14 of the EJCDC General Conditions. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor Agreement. C. Format: Utilize the Table of Contents of this Contract Document. Identify each line item with number and title of the major specification Section. D. Include within each line item, a direct proportional amount of Contractor's overhead and profit. E. Revise schedule to list approved Change Orders, with each Application for Payment. 1.3 APPLICATIONS FOR PAYMENT A. Submit three copies of each application in accordance with Article 14 of the EJCDC General Conditions. Contractor's electronic media driven form similar to EJCDC document may be considered. B. Content and Format: Utilize Schedule of Values for listing items in Application for Payment. C. Payment Period: As specified in the Contract Documents. D. Include an updated construction progress schedule and construction photographs as specified. 1.4 CHANGE PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract Sum/Price or Contract Time as authorized by issuing supplemental instructions. B. Owner may issue a Notice of Change that includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications, a change in Contract City of Rio Rancho Contract Considerations 2.0MG Recycled Water Tank at Well 10A

146 Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit an estimate within 10 days. C. The Contractor may propose a change by submitting a request for change to the Owner, describing the proposed change and its full effect on the Work. Include a statement describing the reason for the change, and the effect on the Contract Sum/Price and Contract Time. D. Stipulated Sum/Price Change Order: Based on Notice of Change and Contractor's fixed price quotation or Contractor's request for a Change Order as approved by Owner. E. Work Directive Change: Owner may issue a directive, EJCDC F Work Directive Change signed by the Owner, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. Document will describe changes in the Work, and designate method of determining any change in Contract Sum/Price or Contract Time. Promptly execute the change. F. Time and Material Change Order: Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. Owner will determine the change allowable in Contract Sum/Price and Contract Time as provided in the Contract Documents. G. Maintain detailed records of work done on Time and Material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. H. Change Order Forms: Included in these Bid Documents. I. Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.5 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of the Owner, it is not practical to remove and replace the Work, the Owner will direct an appropriate remedy or adjust payment. PART 2 PART 3 PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION City of Rio Rancho Contract Considerations 2.0MG Recycled Water Tank at Well 10A

147 SECTION ALLOWANCES PART 1 GENERAL 1.1 SECTION INCLUDES A. Procedure for administration of Allowances. 1.2 RELATED REQUIREMENTS A. Section 01019: Contract Considerations 1.3 CASH ALLOWANCE A. The cash allowance is a sum of money included in the Contract Price to cover the cost of a service, all inclusive, to be provided under the Contract by a party other than the Contractor. B. The allowance is included in the Bid Form. C. The sum of a cash allowance is an estimated amount. D. The Contractor will be reimbursed only for the costs invoiced by the party providing the service, and no mark up, such as overhead and profit shall be charged by the Contractor. E. Services may be less than, equal to, or greater than, the estimated allowance amount. Contractor will be paid only the actual cost of the services. 1.4 ADJUSTMENT OF BONDS AND INSURANCE Adjustment to Contractor's bonds and insurance on account of adjustment to cash allowance will only be dealt with in the final pay application considering the final cost of the project in comparison to the Bid Price. 1.5 ENGINEER RESONSIBILITIES A. Consult with Contractor in consideration of supplier of services. 1.6 CONTRACTOR RESPONSIBILITIES A. Execute purchase agreement with designated supplier. B. For additional information, refer to specific specification sections referenced in Part 3 of this section. City of Rio Rancho Allowances 2.0MG Recycled Water Tank at Well 10A

148 1.7 PAYMENT PROCEEDURES A. Payment will be made under the Bid Item for the specified allowance. B. Contractor to submit invoices on a monthly basis with pay application. C. Pay application will not be accepted without invoices for allowance services performed during the pay application pay period. D. Pay invoice on approval of Owner. PART 2 PART 3 PRODUCTS - Not Used EXECUTION 3.1 PROJECT ALLOWANCES A. Laboratory Testing Services -Allowance: Allow the amount of $25, For additional information, see Section Testing Laboratory Services. END OF SECTION City of Rio Rancho Allowances 2.0MG Recycled Water Tank at Well 10A

149 SECTION COORDINATION AND MEETINGS PART 1 GENERAL 1.1 SECTION INCLUDES A. Coordination and project conditions. B. Field engineering. C. Preconstruction meeting. D. Site mobilization meeting. E. Progress meetings. F. Pre-installation conferences. 1.2 COORDINATION AND PROJECT CONDITIONS A. Coordinate scheduling, submittals, and Work of the various Sections of this Contract Document to assure efficient and orderly sequence of installation of interdependent construction. B. Verify that utility requirements and characteristics of operating equipment are compatible with building utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. C. Coordinate space requirements and installation of mechanical and electrical Work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. In finished areas where noted, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. E. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. City of Rio Rancho Coordination and Meetings 2.0MG Recycled Water Tank at Well 10A

150 1.3 FIELD ENGINEERING A. Employ a Land Surveyor registered in the State of New Mexico and acceptable to the Engineer. B. Contractor to locate and protect survey control and reference points. C. Control datum for survey is that shown on Drawings. D. Confirm drawing dimensions and elevations. E. Provide field engineering services. Establish elevations, lines, and levels, utilizing recognized engineering survey practices. 1A PRECONSTRUCTION MEETING A. Owner will schedule a conference after Notice of Award. B. Attendance Required: Owner, Engineer, and Contractor. C. Agenda: 1. Submission of executed bonds and insurance certificates. 2. Distribution of Contract Documents. 3. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 4. Designation of personnel representing the parties in Contract, and the Engineer. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders. 6. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, participants, and those affected by decisions made. 1.5 SITE MOBILIZATION MEETING A. Owner will schedule a meeting at the Project site prior to Contractor occupancy. B. Attendance Required: Engineer, Contractor, Contractor's Superintendent, and major Subcontractors. C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Survey and site layout. 6. Security and housekeeping procedures. 7. Schedules. 8. Application for payment procedures. City of Rio Rancho Coordination and Meetings 2.0MG Recycled Water Tank at Well 10A

151 9. Procedures for testing. 10. Procedures for maintaining record documents. 11. Requirements for start-up of equipment. 12. Inspection and acceptance of equipment put into service during construction period. D. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, participants, and those affected by decisions made. 1.6 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum oncemonthly intervals, or as directed by Owner. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Engineer, participants, and those affected by decisions made. 1.7 PREINSTALLATION MEETING A. When required in individual specification Sections, convene a pre-installation meeting at the site prior to commencing work of the Section. B. Require attendance of parties directly affecting, or affected by, work of the specific Section. C. Notify Owner seven days in advance of meeting date. D. Prepare agenda and preside at meeting: City of Rio Rancho Coordination and Meetings 2.0MG Recycled Water Tank at Well 10A

152 1. Review conditions of installation, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Owner, participants, and those affected by decisions made. PART 2 PART 3 PRODUCTS - NOT USED EXECUTION - NOT USED END OF SECTION City of Rio Rancho Coordination and Meetings 2.0MG Recycled Water Tank at Well 10A

153 SECTION COORDINATION WITH PUBLIC PART 1 GENERAL 1.1 REQUIREMENTS A. Before, after, and special construction notices. 1.2 RELATED REQUIREMENTS A. Section 01039: Coordination and Meetings 1.3 NOTICES A. Before Construction: 1. Delivered between seven (7) calendar days (maximum) and four (4) calendar days (minimum) prior to actual physical construction on each project portion or line segment which affects public access or utilities. 2. Corrected notices delivered if construction does not start within 48 hours of date given in notice. 3. Written notice to state: a. Contractor's name, address and local telephone number b. Nature of work to be done c. Disruptions that resident or business might expect d. Expected duration of construction e. Contractor's local telephone number to which complaints can be made during normal working hours f. Contractor's local telephone number to which emergency conditions can be reported during non-working hours B. After Construction: 1. Delivered not more than seven (7) calendar days following construction on each project portion or line segment 2. Written notice to state: C. Special Notices: a. Contractor's name, address, and telephone number b. Thank residences and businesses for cooperation and report work is completed in applicable area. 1. Inform residences and businesses personally and by written notice whenever access to property will be impaired stating scheduling of such impairment. City of Rio Rancho Coordination With Public 2.0MG Recycled Water Tank at Well 10A

154 D. Notice Delivery: 1. Hand delivery to each residence and business adjacent to or which may be reasonably expected to be affected by construction. PART 2 PART 3 PRODUCTS - Not Used EXECUTION 3.1 NOTICES REQUIRED FOR THIS PROJECT A. Notice delivery under Paragraph 1.3.A., 1.3.B, and 1.3.C. above are required. B. Notice delivery under Paragraph 1.3 D shall inform all residents adjacent to and near the Lift Station No. 10 Relocation site of regular construction activities and of construction activities that will run around the clock (as during startup) and that noise abatement measures will be implemented full time. C. Notices shall be delivered up to five days before the start of regular and round the clock construction activities. END OF SECTION City of Rio Rancho Coordination With Public 2.0MG Recycled Water Tank at Well 10A

155 SECTION SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed Products list. D. Product data. E. Shop Drawings. F. Samples. G. Design data. H. Test reports. I. Certificates. J. Manufacturer's instructions. K. Manufacturer's field reports. L. Erection drawings. M. Construction photographs. 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal to the City of Rio Rancho Project Manager on Owner approved transmittal form. B. Sequentially number the transmittal forms. Re-submittals to have original number with a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Owner at business address. Coordinate submission of related items. City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

156 F. For each submittal for review, allow 15 calendar days excluding delivery time to and from the contractor. G. Identify all variations from Contract Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. H. Provide space for Contractor and Engineer review stamps. J. When revised for resubmission, identify all changes made since previous submission. J. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. K. Submittals not requested will not be recognized or processed. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial Construction schedule in triplicate by date of Pre-Construction Conference or date of Notice to Proceed, whichever is earliest. B. Revise and resubmit as required. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a CPM-based, computer-generated, horizontal bar chart with separate line for each major section of Work or operation identifying first work day of each week, or other Engineer accepted chart. E. Progress Schedule shall, at a minimum, contain the following: 1. Progress Schedule Heading: a. Name of Contractor b. Name of Engineer c. Name and Address of Project d. Owner Project Number e. Current Date of submitted schedule 2. Calendar Months of construction 3. Start date of each task/activity 4. "Milestone" dates for each required inspection 5. Start and completion dates for critical tasks or activities 6. Percentage of total costs or work for each task/activity, etc. 7. Duration of time for each task/activity, start to finish 8. Percentage of completion, updated monthly 9. Proposed Construction Curve marked in black and actual construction curve marked in red 10. Submit updated Progress Schedule each month in conjunction with Certificate of Payment City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

157 F. CPM Software: Computer based programs which lend themselves to construction management and which are acceptable to the Owner are: Microsoft Projects Plus or Primavera. Use of other software shall be approved by the Owner. G. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. H. Indicate estimated percentage of completion for each item of Work at each submission. I. Indicate submittal dates required for Shop Drawings, product data, samples, and product delivery dates, including those furnished by Owner and under Allowances. 1.4 PROPOSED PRODUCTS LIST A. Within 15 calendar days after date of the Recommendation of Award submit complete list of major equipment or products proposed for use as defined in the Technical Specifications. Included in the list shall be the name of manufacturer, trade name, model number of each Product, and corresponding Section of the Contract Documents. B. For Products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.5 PRODUCT DATA A. Product Data for Review: 1. Submitted to City of Rio Rancho Project Manager for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record documents purposes described in SECTION CONTRACT CLOSEOUT. B. Product Data for Information: 1. Submitted for the Engineer's knowledge as contract administrator and for the Owner. C. Product Data for Project Close-Out: 1. Submitted for the Owner's benefit during and after project completion. D. Submit the number of copies which the Contractor requires, plus three copies which will be retained by the Engineer. The number of copies submitted shall be no less than five copies. E. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

158 F. Indicate Product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. G. After review, distribute in accordance with Submittal Procedures article above and provide copies for Record Documents described in Section SHOP DRAWINGS A. Shop Drawings for Review: 1. Submitted to City of Rio Rancho Project Manager for distribution for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record documents purposes described in Section B. Shop Drawings for Information: 1. Submitted for the City of Rio Rancho Project Manager's knowledge as contract administrator for the Owner. C. Shop Drawings for Project Close-Out: 1. Submitted to the City of Rio Rancho Project Manager for the Owner's benefit during and after project completion. D. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. E. Submit the number of opaque reproductions which Contractor requires, plus three copies which will be retained by Engineer. The number of copies submitted shall be no less than five copies. 1.7 SAMPLES A. Samples for Review: 1. Submitted to City of Rio Rancho Project Manager for distribution for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article above and for record documents purposes described in Section B. Samples for Information: 1. Submitted for the City of Rio Rancho Project Manager's knowledge as contract administrator for the Owner. City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

159 C. Samples for Selection: 1. Submitted to City of Rio Rancho Project Manager for aesthetic, color, or finish selection. 2. Submit samples of finishes, textures, and patterns for Owner's selection. 3. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article above and for record documents purposes described in Section D. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. E. Include identification on each sample, with full Project information. F. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. G. Reviewed samples which may be used in the Work are indicated in individual specification Sections. H. Samples will not be used for testing purposes unless specifically stated in the specification section. 1.8 DESIGN DATA A. Submit to the City of Rio Rancho Project Manger. B. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 1.9 TEST REPORTS A. Submit to the City of Rio Rancho Project Manager. B. Submit test reports for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents CERTIFICATES A. When specified in individual specification Sections, submit certification by manufacturer, installation/application Subcontractor, or the Contractor to City of Rio Rancho Project Manager, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

160 1.11 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing to the City of Rio Rancho Project Manager, in quantities specified for Product Data. B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. C. Refer to Section Quality Control, Manufacturer' Field Services article MANUFACTURER'S FIELD REPORTS A. Submit reports to the City of Rio Rancho Project Manager. B. Submit report in duplicate within 30 days of observation to City Project Manager for information. C. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents ERECTION DRAWINGS A. Submit drawings for the Engineer's benefit as contract administrator or for the Owner. B. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. C. Data indicating inappropriate or unacceptable Work may be subject to action by the Owner or Engineer. PART 2 PART 3 PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION City of Rio Rancho Submittals 2.0MG Recycled Water Tank at Well 10A

161 SECTION QUALITY CONTROL PART 1 GENERAL 1.1 SECTION INCLUDES A. Quality assurance-control of installation. B. Tolerances. C. References and standards. D. Mock-up. E. Testing services. F. Inspection services. G. Manufacturers' field services. 1.2 QUALITY ASSURANCE-CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, contractor shall request clarification from Owner before proceeding with the work. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on Shop Drawings or as instructed by the manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. 1.3 TOLERANCES A. Monitor fabrication and installation tolerance of Products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Owner before proceeding. City of Rio Rancho Quality Control 2.0MG Recycled Water Tank at Well 10A

162 C. Adjust Products to appropriate dimensions; position before securing Products in place. 1.4 REFERENCES AND STANDARDS A. Products or workmanship specified by association, trade, or other consensus standards, work shall comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents, except where a specific date is established by code. C. Obtain copies of standards when required by product specification sections. D. Neither the contractual relationship, duties, or responsibilities of the parties in the Contract, nor those of the Engineer, shall not be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.5 TESTING SERVICES A. Contractor shall Employ and pay for the services of an independent testing laboratory to perform specified services and testing associated with soil and density, concrete, and asphalt sampling and testing, based upon Allowance as stated in "Section Allowances". SEE also "Section Testing Laboratory Service" for testing covered under the Testing allowance. B. Contractor shall also pay for specified services of manufacturers or independent testing firms to perform Factory Tests or other remote testing required by the Contract Specifications or Referenced Standards covering various manufactured and supplied equipment. Certification of results shall be included where required by the various specifications. Cost for those testing services shall be borne by the manufacturer/supplier or Contractor and shall be included in the various Contract Sums, but SHALL NOT be included under the Testing Allowance. C. Owner reserves the right to request additional testing. Additional testing that is found to be of non-conformance with specified requirements shall be paid for by contractor. Additional testing that is found to meet specified requirements shall be paid for by Owner. 1.6 INSPECTION SERVICES A. Inspection will be performed by the City of Rio Rancho, or its assignees. Inspection services do not include field services and inspections provided by manufacturers as specified in specific sections herein. B. Inspecting may occur on or off the project site. Perform off-site inspecting as required by the Owner. C. Owner will prepare daily reports indicating compliance or non-compliance with Contract Documents. City of Rio Rancho Quality Control 2.0MG Recycled Water Tank at Well 10A

163 D. Cooperate with the Owner; furnish safe access and assistance by incidental labor as requested. Notify Owner 24 hours prior to expected time for operations requiring services. E. Inspection services do not relieve Contractor of performing Work to contract requirements. 1.7 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, and adjust and balance of equipment as applicable, and to initiate instructions when necessary. B. Submit qualifications of manufacturer or product observer to Engineer 30 days in advance of required observations. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section SUBMITTALS, MANUFACTURERS' FIELD REPORTS article. PART 2 PART 3 PRODUCTS - Not Used EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct locations. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. END OF SECTION City of Rio Rancho Quality Control 2.0MG Recycled Water Tank at Well 10A

164 SECTION TESTING LABORATORY SERVICES PART 1 GENERAL 1.1 SECTION INCLUDES A. Employ and pay for the services of an independent testing laboratory to perform specified services and testing associated with soil and density, concrete, and asphalt. 1.2 ADDITIONAL REQUIREMENTS A. Conditions of the Contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approval of public authorities. B. Section 01019: Contract Considerations C. Section 01020: Allowances 1.3 SUBMITTALS A. Submit to City of Rio Rancho Project Manager for review of the name of proposed Laboratory to perform required testing and their statement of qualifications. 1.4 QUALIFICATION OF LABORATORY A. Meet basic requirements of ASTM E329, "Standard Specification Agencies Engaged in Testing and/or Inspection of Materials Used in Construction." B. Authorized to operate in the State in which the Project is located by the local governing authority for the AASHTO Accreditation Program. C. Testing Equipment: 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b. Accepted values of natural physical constants D. Office Location: The location at which specified services and testing will be performed or from which Testing Laboratory staff will mobilize to perform field work shall be within 25 miles of the project site. 1.5 LABORATORY DUTIES A. Cooperate with City of Rio Rancho Project Manager and Contractor; provide qualified personnel after due notice. B. Perform specified inspections, sampling and testing of materials and methods of construction: City of Rio Rancho Testing Laboratory Services 2.0MG Recycled Water Tank at Well 10A

165 1. Comply with specified standards 2. Ascertain compliance of materials with requirements of Contract Documents B. Promptly notify City of Rio Rancho Project Manager and Contractor of observed irregularities or deficiencies of work or products. C. Promptly submit written report of each test and inspection; two (2) copies to City of Rio Rancho Project Manager, and copies as required to Contractor. Each report shall include: 1. Date issued 2. Project title and number 3. Testing laboratory number, address, and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling and inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results when requested by the City of Rio Rancho Project Manager. D. Perform additional tests as required by the City of Rio Rancho Project Manager. E. Provide signature and seal of a Professional Engineer, licensed in the State where work is being performed, and who is employed by the Laboratory on all test results. 1.6 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the Work 3. Perform any duties of the Contractor 1.7 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel; provide access to Work, and manufacturer's operations. B. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete and other material mixes which require control by the testing laboratory. D. Furnish copies of Product test reports as required. E. Furnish Incidental Labor and Facilities: City of Rio Rancho Testing Laboratory Services 2.0MG Recycled Water Tank at Well 10A

166 1. To provide access to Work and Facilities 2. To obtain and handle samples at the Project site or at the source of the product to be tested. 3. To facilitate inspections and testing 4. For storage and curing of test samples F. Make arrangements with laboratory and pay for additional samples and tests required for Contractor's convenience and retests required for previously failed tests. G. Notify testing laboratory at least 48 hours in advance of all testing required by job progress or conditions, or the City of Rio Rancho Project Manager. H. Provide on-site facilities as required for initial curing of concrete cylinders. 1.8 PAYMENT A. An allowance is included in the Bid Proposal to cover field testing performed by an independent testing laboratory. In accordance with Section 01020, the Owner shall reimburse the Contractor for the actual cost of all such testing based on invoices received from the laboratory. B. The testing allowance stated in the Bid Proposal is an estimated dollar amount. The final dollar amount reimbursed to the Contractor for testing may be less than, equal to, or greater than the stated allowance. C. Actual reasonable sample shipping costs will be paid to the Contractor in the same manner and under the testing allowance. D. Costs for testing described in Paragraph 1.7 B are not eligible for reimbursement. END OF SECTION City of Rio Rancho Testing Laboratory Services 2.0MG Recycled Water Tank at Well 10A

167 SECTION VIDEO TAPING PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Video tape areas affected by construction prior to construction for record purposes. B. Perform additional video taping during project as directed by the City of Rio Rancho Project Manager. C. Have video tapes available with viewing facilities for viewing by City of Rio Rancho Project Manager, and Contractor when required. D. Video taping requirement is part of Contractor's general overhead for which separate payment shall not be made. 1.2 RELATED REQUIREMENTS A. Section 01039: Coordination and Meetings 1.3 EQUIPMENT REQUIREMENTS A. Video Taping Equipment: 1. Color picture 2. Audio 3. Zoom lens 4. Indexing of locations on tapes for easy reference B. Video Tape Viewing System: 1. Color picture 2. Audio 3. Indexing 4. Slow motion 5. Stop tape for viewing single picture 6. Reversing C. Tapes: 1. Catalogued, cross referenced, indexed. E. The contractual relationship, duties, and responsibilities of the parties in the Contract, [including the City of Rio Rancho Project Manager]; shall NOT be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.4 SYSTEM OPERATOR REQUIREMENTS A. Familiar and experienced with equipment and equipment operations. City of Rio Rancho Video Taping 2.0MG Recycled Water Tank at Well 10A

168 1.5 AVAILABILITY A. Taping equipment and operator available on-site within 0.5 hours of City of Rio Rancho Project Manager's request during Contractor's normal working hours if scheduled. B. Viewing system and appropriate tapes available at meetings as scheduled or when scheduled by City of Rio Rancho Project Manager. 1.6 VIDEO TAPING DESCRIPTIONS A. All streets, alleys, areas, locations where construction will be done: 1. Both directions along utility line or street to be constructed or reconstructed. 2. Maximum speed of camera movement: 4 feet per second. 3. Lateral and close-up view of any features or facilities that may be affected by construction. 4. Not more than 14 calendar days prior to actual construction. 5. Include data documentation on tape. 6. Audio explanation of significant features observed during taping. 7. Taping results acceptable to Engineer. 8. Special documentation if requested by Engineer. B. Drainage Documentation: 1. Following general rainfall over area. 2. Prior to any construction if practical. 3. All areas where work will be performed. 4. Taped to document general preconstruction drainage patterns, problems, street surface conditions, and related items. 5. On request of Engineer. PART 2 PART 3 PRODUCTS - Not Used EXECUTION 3.1 VIDEO TAPING REQUIRED FOR THIS PROJECT A. Provide video taping as described and outlined in Part 16 A of this spec section. END OF SECTION City of Rio Rancho Video Taping 2.0MG Recycled Water Tank at Well 10A

169 SECTION CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. Temporary Utilities: Sanitary facilities. B. Temporary Controls: Protection of the Work and water control. C. Construction Facilities: Access roads, parking, and onsite office trailer or other building as deemed necessary by Contractor. 1.2 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures, minimum two toilets. Provide at time of project mobilization. 1.3 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual Specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. D. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. E. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. F. Prohibit traffic from landscaped areas. 1.4 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.5 PROGRESS CLEANING AND WASTE REMOVAL A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. City of Rio Rancho Construction Facilities and 2.0MG Recycled Water Tank at Well 10A Temporary Controls

170 C. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site. 1.6 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet or as required. Grade site as indicated. D. Clean and repair damage caused by installation or use of temporary work. E. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART 2 PRODUCTS - Not Used PART 3 EXECUTION - Not Used END OF SECTION City of Rio Rancho Construction Facilities and 2.0MG Recycled Water Tank at Well 10A Temporary Controls

171 SECTION CONSTRUCTION SURVEY AND STAKING PART 1 GENERAL 1.01 Description of Work A. The work under this section includes furnishing the necessary labor and material to supplement existing horizontal and vertical control and to layout and locate the facilities in accordance with the drawings. Also, any boundary of property surveys as required due to destruction of existing monuments shall meet the "Minimum Standards for Land Surveying in New Mexico" as adopted by the New Mexico State Board of Registration for Professional Engineers and Surveyors and as required hereinafter. The definitions, conditions, and requirements of Supplementary Condition (SC) 4.4 shall also be followed as if contained herein. In case of discrepancy, the requirements of the Supplementary Conditions shall be followed. PART 2 PRODUCTS / MATERIALS No products or materials are described in this section. PART 3 EXECUTION 3.1 Layout A. The Contractor will be responsible for all surveys, and layout of the construction described herein. Layout includes location of the centerlines of construction, limits of work, reference points, all structural elements, and project features. B. Benchmarks will be provided for construction layout and Contractor should survey on elevation datum provided. The layout survey shall establish positions in accordance with the drawings. Any series of observations and measurements made for the purpose of restoring any real property boundary, including easements, rights-of-way, and work limits shall be performed by a Professional Surveyor registered in New Mexico in accordance with the New Mexico Engineering and Surveying Practice Act. C. The drawings include horizontal and vertical "reference monuments" which may be used in the layout of the project. The successful bidder (the Contractor) will be provided with electronic data in AutoCAD format that provides control data and line locations as shown. The Contractor is cautioned that the use of single horizontal or vertical "reference monument" may not be accurate due to disturbance of said monuments or misidentification. D. All vertical surveys and layouts by the Contractor, or his agents, shall be considered invalid unless at least two vertical "reference monuments" are utilized in a closed level circuit. No horizontal or vertical "reference monuments" shall be utilized until the Contractor, or his agents, has satisfied himself/themselves that the stated data for the monuments is consistent with the horizontal and vertical datum for the project. The Contractor, or his agents, may establish additional "reference monuments" for his/their use, provided that accuracy of these monuments is in accordance with minimum accuracy standards for land surveys in New Mexico. City of Rio Rancho Construction Survey and Staking 2.0MG Recycled Water Tank at Well 10A

172 3.2 Qualification of Survey and Layout Personnel and Procedures A. Prior to commencement of any boundary or right-of-way survey, the Contractor shall notify the Owner and Engineer of names and qualifications of the personnel who will perform all layout and survey work. The notification shall include the following: 1. Name and New Mexico registration number of the Professional Surveyor who will be in responsible charge of the work. 2. Name and experience of field personnel. 3. Types of equipment and accuracy of equipment to be used in the horizontal and vertical layout and surveys. 4. Schedule of time and manpower requirements to be utilized for layout and surveys. 5. Certification that Work will be accomplished in accordance with the "Minimum Standards for Surveying in New Mexico." PART 4 MEASUREMENT AND PAYMENT 4.1 Measurement and Payment for Construction Staking (Survey Layout) A. Payment shall be made on a lump sum basis for all work under this section and all requirements under Supplementary Condition (SC) 4.4. All labor, materials, fees, and incidentals as required to produce a complete and finished product are to be merged into the lump sum provided in the Bid Form. END OF SECTION City of Rio Rancho Construction Survey and Staking 2.0MG Recycled Water Tank at Well 10A

173 SECTION STARTING OF SYSTEMS PART I GENERAL 1.1 SECTION INCLUDES A. Starting systems. B. Demonstration and instructions. 1.2 STARTING SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify City of Rio Rancho Project Manager ten (10) days prior to start-up of combined systems. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions that may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute startup under supervision of responsible manufacturer's representative in accordance with manufacturers' instructions. Contractor /manufacturer /supplier shall provide a minimum of seven (7) days of start-up, with a minimum of three (3) days required of demonstrated continuous successful operation of all major systems. Additional time may be required because of equipment, wiring, or coordination issues, and shall be performed at no cost to the Owner or Engineer. Contractor/manufacturer/supplier shall also provide a minimum of sixteen (16) hours of instruction/training on systems and equipment, which may be performed during this time. G. Also, when specified in individual specification Sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to startup, and to supervise placing equipment or system in operation. A. Submit a written report in accordance with Section that equipment or system has been properly installed and is functioning correctly. I. Manufacturer's representative shall remain on site to observe operation of equipment and further advise plant personnel the minimum number of days specified in each Section, or as required under 1.2.F above. City of Rio Rancho Starting of System 2.0MG Recycled Water Tank at Well 10A

174 1.3 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks prior to date of final inspection. B. Demonstrate Project equipment by a qualified manufacturers' representative who is knowledgeable about the Project- 1. Provide a minimum of 3-days operations demonstration, attended by qualified technicians by: (a) (b) (c) Electrical and control systems manufacturers Valve and meter manufacturers Other systems manufacturers as required. 2. Provide Instruction and Question/Answer sessions for operations and maintenance on various civil, electrical and mechanical items of equipment for a minimum of 8-Hours of classroom instruction, exclusive of Startup. C. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months. D. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owners' personnel in detail to explain all aspects of operation and maintenance. E. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance, and shutdown of each item of equipment at scheduled time at project site location. F. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. G. The amount of time required for instruction on each item of equipment and system is that specified in individual sections, except that the MINIMUM is required per this Section. 1.4 SPECIAL TOOLS AND TEST EQUIPMENT A. One set of special tools and test equipment shall be furnished to the Owner. Owner will keep these special tools and test equipment. These tools and test equipment shall include, but not be limited to, digital volt-ohm milliamp meters, milliampere and voltage signal generators level instrument calibration box, pulse counters frequency generator, electromagnetic flow tube and indicator/transmitter calibrators and test extension devices or modules. These tools and test equipment shall permit calibration, testing and troubleshooting of all systems, subsystems and any associated equipment that will require special test and calibration equipment furnished for this project. A list of the special tools and test equipment required to calibrate, test, troubleshoot and maintain the control system shall be submitted by the Contractor for approval as a part of the submittal package. Review and approval by the Owner & Engineer is required. City of Rio Rancho Starting of System 2.0MG Recycled Water Tank at Well 10A

175 The special tools and test equipment shall be supplied by the Contractor as a part of this contract and delivered to the Engineer. The Engineer will cross check the special tools and test equipment provided with the list submitted during shop drawing reviews for discrepancies. The special tools and test equipment will be tagged by the Owner with a unique identification number prior to check out and start-up. The special tools and test equipment will then be lent to the Contractor for calibrating, testing, and troubleshooting instruments and the control loops. Only these Ownertagged special tools and test equipment shall be used to calibrate, test, troubleshoot, etc. the system as part of start-up. No other tools or test equipment will be allowed on site as this will ensure that the Owner will receive all necessary tools and test equipment to maintain the system. 1.5 SPARE PARTS A. The Contractor shall include, as part of his submittal package: 1. Full Listing of Recommended Spare parts 2. This spare parts, requirement is in addition to any spare parts requirement specified elsewhere in the Contract Documents. 1.6 OPERATING SUPPLIES A. For all equipment and instruments requiring supplies, such as chart paper, ink, special oil, sensor elements, etc., the Contractor shall include in the bid the cost of one (1) year's worth of supplies for each device. The year period shall start on the day of system acceptance. PART 2 PART 3 PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION City of Rio Rancho Starting of System 2.0MG Recycled Water Tank at Well 10A

176 SECTION CONTRACT CLOSEOUT PART 1 GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleaning. C. Adjusting. D. Project record documents. E. Operation and maintenance data. F. Spare parts and maintenance Products. G. Warranties and bonds. H. Maintenance service. 1.2 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for City of Rio Rancho and Engineer review. B. Provide submittals also that are required by governing or other authorities to City of Rio Rancho Project Manager. C. Submit final Application for Payment identifying total adjusted Contract Sum/Price, previous payments, and amount remaining due. 1.3 FINAL CLEANING A. Contractor provide final cleaning after final acceptance. B. Clean interior and exterior glass and surfaces exposed to view; remove temporary labels, stains and foreign substances, and polish transparent and glossy surfaces. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Clean or replace filters of operating equipment. E. Clean debris from roofs, gutters, downspouts, and drainage systems. F. Clean site; sweep paved areas, rake clean landscaped surfaces. City of Rio Rancho Contract Closeout 2.0MG Recycled Water Tank at Well 10A

177 A. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.4 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.5 PROJECT RECORD DOCUMENTS A. Maintain on site, a set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store Record Documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract Drawings. G. Submit documents to City of Rio Rancho Project Manager with claim for final Application for Payment. 1. Submittal shall include the following: a. One complete set of record drawings b. Record Specifications c. Close-out documentation, including: 2. All previously approved change orders, in sequential order City of Rio Rancho Contract Closeout 2.0MG Recycled Water Tank at Well 10A

178 3. Listing of approved shop drawings 4. Consent of Surety form, provided by surety 5. Certificate and Release of Lien Forms 6. Affidavit of Wages Paid. 1.6 OPERATION AND MAINTENANCE DATA A. Submit two full copies of preliminary draft of proposed formats and outlines of contents before start of Work. Owner will distribute draft for review and return one copy with comments. B. Submit data bound in 8-1/2 x 11-inch text pages, contained in sets of multiple 3- ring binders with highly-durable plastic covers. D. Prepare binder covers with printed title as follows: "OPERATION AND MAINTENANCE INSTRUCTIONS" "2.0 MG RECYCLED WATER TANK AT WELL 10A" E. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. F. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, typed on 24 pound white paper, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop Drawings and product data. b. Air and water balance reports. c. Certificates. d. Photocopies of warranties and bonds. City of Rio Rancho Contract Closeout 2.0MG Recycled Water Tank at Well 10A

179 G. Submit one draft copy of completed volumes in final form 30 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Owner/Engineer comments. Revise content of documents as required prior to final submission. H. Submit Three (3) sets of final volumes as revised, along with final CD/DVD's within ten (10) days of receipt of Owner/Engineer comments. 1.7 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra Products in quantities specified in individual Specification sections. B. Deliver to Project site and place in location as directed by the Owner; obtain receipt prior to final payment. 1.8 MISCELLANEOUS KEYS A. Provide all loose keys for water stops, hose bibbs, adjustment keys and wrenches for door closers and panic hardware, keys for electric switches, electrical panels, etc. 1.9 WARRANTIES AND BONDS A. Provide duplicate notarized copies. B. Execute and assemble transferable warranty documents from subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in three side ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period MAINTENANCE SERVICE A. Furnish service and maintenance of components indicated in specification sections during the warranty period. B. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. C. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. D. Maintenance services shall not be assigned or transferred to any agent or Subcontractor without prior written consent of the Owner. City of Rio Rancho Contract Closeout 2.0MG Recycled Water Tank at Well 10A

180 PART 2 PART 3 PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION City of Rio Rancho Contract Closeout 2.0MG Recycled Water Tank at Well 10A

181 SECTION PERMITS PART 1 GENERAL 1.01 Description of Work A. The work under this section includes the miscellaneous construction as required to satisfy the requirements of various permits from local, state, and federal agencies to build within public property and rights-of-way and to address storm water runoff from new development and redevelopment projects. PART 2 PRODUCTS / MATERIALS No products or materials are described in this section. PART 3 EXECUTION 3.1 City Road Cut Permits A. The City of Rio Rancho, New Mexico will give permission to construct and maintain the 2.0 MG Recycled Water Tank at Well 10A within City Property and upon public rightof-way in the locations provided for in these plans, provided the formal permit or permits for street cuts are directly obtained from the City by the Contractor. The permit requirements include: 1. Adequate and safe traffic control during construction, with access to homes and businesses. 2. Reconstructed roadway surfaces to be left in as good or better condition as before construction. 3. Reseeding where required to repair ground left disturbed by construction. B. The Contractor shall comply with any requirements of Road Cut Permits in regard to this construction. C. The Contractor is responsible for payment of any and all permit fees required for completion of this work. 3.2 NPDES Permitting/SWPPP Requirements A. The Contractor shall be solely responsible for conforming to all requirements of the "National Pollutant Discharge Elimination System - Regulations for Revision of the Water Pollution Control Program Addressing Storm Water Discharges", as published December 8, 1999, as required by Section 402(p) of the Clean Water Act (CWA), as amended. B. Contractor shall be solely responsible for conforming with the Phase II Final Rule, including: 1. Preparation and filing of the Notice of Intent (NOI) City of Rio Rancho Permits 2.0MG Recycled Water Tank at Well 10A

182 2. Preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). 3. Preparation and implementation of a Temporary Erosion and Sediment Control Plan (TESCP). 4. Utilizing recognized Best Management Practices (BMP) to prevent sediment laden run-off from leaving the project site. 5. Preparation and submittal of the Notice of Termination (NOT). PART 4 MEASUREMENT AND PAYMENT 4.1 Payment for City Road Cut Permits A. There shall be no separate payment for work required to comply with provisions of this section, and any such costs shall be merged into the unit prices for other items of this contract. 4.2 Payment for NPDES Permitting/SWPPP Requirements A. Payment shall be made for this item as shown in the Bid Form. The bid item entitled "NPDES Permitting/SWPPP, CIP" shall be paid as a Lump Sum and shall include all costs incurred by the Contractor associated with preparation, filing, and publishing of all written documents required by the Phase II Final Rule. The bid item shall also include all costs incurred by the Contractor associated with developing a temporary erosion control plan, implementing, placing, and removing temporary erosion controls required under the Phase II Final Rule. END OF SECTION City of Rio Rancho Permits 2.0MG Recycled Water Tank at Well 10A

183 SECTION ROUGH GRADING PART 1 GENERAL 1.1 SECTION INCLUDES A. Removing topsoil and stockpiling for later reuse. B. Grading and rough contouring site in two sequences: 2. Sequence A includes preparation of the site for tank construction. This sequence includes excavation and fill for the access road to the tank site, excavation for new drainage ponds, excavation for the tank and work area, and over-excavation and backfill for portions of the site below the tank to assure appropriate structural backfill for the tank foundation. Contractor shall ensure that appropriate Best Management Practices are provided to prevent storm run-off generated from the construction site from entering any portion of the existing Well 10A site. 3. Sequence B includes final backfill around the completed tank, including structural backfill, and preparation of the site for final paving, roadways, drives, and other structures 1.2 PROJECT RECORD DOCUMENTS A. Submit documents under provisions of Section B. Accurately record location of utilities remaining, rerouted utilities, new utilities by horizontal dimensions, elevations or inverts, and slope gradients. PART 2 PRODUCTS 2.1 MATERIALS A. Topsoil: Excavated material, graded free of roots, rocks larger than one inch, subsoil, debris, and large weeds. PART 3 EXECUTION 3.1 PREPARATION A. Identify required lines, levels, contours, and datum. B. Identify known below grade utilities. Stake and flag locations. C. Identify and flag above grade utilities. D. Maintain and protect existing utilities remaining which pass through work area. E. Notify utility company to remove and relocate utilities. F. Upon discovery of unknown utility or concealed conditions, discontinue affected work, notify Owner. City of Rio Rancho Rough Grading 2.0MG Recycled Water Tank at Well 10A

184 3.2 PROTECTION A. Protect trees, shrubs, lawns, rock outcropping, and other features remaining as portion of final landscaping. B. Protect bench marks. C. Protect above or below grade utilities which are to remain. D. Repair damage. 3.3 TOPSOIL EXCAVATION A. Excavate topsoil to depths indicated in Drawings from marked areas and stockpile in area designated by the City on site. B. Stockpile topsoil to depth not exceeding 8 feet. 3.4 SUBSOIL EXCAVATION A. Excavate subsoil from marked areas and stockpile in area designated by the City on site. B. Excavate wet subsoil, but segregate from other stockpiles. C. Stockpile subsoil to depth not exceeding 8 feet. D. When excavation through roots is necessary, perform work by hand and cut roots with a sharp axe. 3.5 TOLERANCES A. Top Surface of Subgrade: Plus or minus 1 inch. END OF SECTION City of Rio Rancho Rough Grading 2.0MG Recycled Water Tank at Well 10A

185 SECTION EXCAVATION PART 1 GENERAL 1.1 SECTION INCLUDES A. Excavating for access road, site structures, stormwater ponds, and underground piping and utilities. B. Trenching for utilities outside the tank to all utility main connections. 1.2 PROJECT CONDITIONS A. Verify that survey bench mark and intended elevations for the Work are as indicated. B. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving, curbs, and site improvements from excavating equipment and vehicular traffic. 1.3 RELATED DOCUMENTS A. Geotechnical Report " Geotechnical Engineering Report Well 10A Reuse Tank June 3, 2015 by Terracon Consultants, Inc. A copy is included in these Bid Documents. PART 2 PART 3 PRODUCTS - NOT USED EXECUTION 3.1 GENERAL A. Earth excavation shall consist of the excavation and removal of suitable soils for use as embankment as well as the, satisfactory disposal of all vegetation, debris, and deleterious material encountered within the area to be graded and/or in a borrow area. 3.2 PREPARATION A. Identify required lines, levels, contours, and datum locations. B. Locate, identify, and protect utilities that remain and protect from damage. 3.3 EXCAVATING A. Excavate to accommodate new structures and construction operations. B. Notify Owner of unexpected subsurface conditions and discontinue affected Work in area until notified to resume work. C. Do not interfere with 45 degree bearing splay of foundations. D. Cut utility trenches wide enough to allow inspection of installed utilities and in accordance with City of Rio Rancho Standard Drawings and Specifications. E. Hand trim excavations. Remove loose matter. F. Remove lumped subsoil, boulders, and rock up to 1/3 cu yd measured by volume. City of Rio Rancho Excavation 2.0MG Recycled Water Tank at Well 10A

186 G. Correct areas that are over-excavated and load-bearing surfaces that are disturbed; see Section 02316, paragraph 3.3, L. H. Grade top perimeter of excavation to prevent surface water from draining into excavation. I. Remove excavated material that is unsuitable for re-use from site. J. Stockpile excavated material to be re-used in areas designated by the City on site. K. Remove excess excavated material from site. 3.4 CONSTRUCTION A. Surface Treatment in Development Areas 1. Prior to construction of structure pad fills, the native soils beneath the pad shall be overexcavated a minimum of 1 feet below the proposed footings, or to the bottom of any clay layer, or as per plan drawings whichever is deeper. 2. Upon completion of the excavation the surface of the excavation shall be scarified to a minimum depth of 12 inches and moisture conditioned to bring the moisture content as close as practicable to the optimum moisture content. 3. Over-excavation shall extend a minimum of 3 feet laterally beyond the edge of the foundation. 4. Cut areas of tank shall be moisture conditioned and compacted, as specified above, after cutting to substantial finished grade. B. Surface Treatment in Non-Building Areas 1. Upper 6 inches of native soils outside building area upon which fills are to be constructed shall be scarified, brought to moisture content of 2 percent below optimum or higher, and compacted to compaction requirements specified in Section Fill and Backfill. 3.5 FIELD QUALITY CONTROL A. Provide for visual inspection of load-bearing excavated surfaces before placement of foundations. 3.6 PROTECTION A. Prevent displacement of banks and keep loose soil from falling into excavation; maintain soil stability. B. Protect bottom of excavations and soil adjacent to and beneath foundation from freezing. END OF SECTION City of Rio Rancho Excavation 2.0MG Recycled Water Tank at Well 10A

187 SECTION FILL AND BACKFILL PART 1 GENERAL 1.1 SECTION INCLUDES A. Filling, backfilling, and compacting for footings, slabs-on-grade, roadway and drive paving, site structures, and utilities. B. Filling, backfilling and compacting below and around the completed 2.0 MG concrete storage tank. 1.2 RELATED SECTIONS A. Geotechnical Report " Geotechnical Engineering Report Well 10A Reuse Tank June 3, 2015 by Terracon Consultants, Inc. A copy is included in these Bid Documents. 1.3 REFERENCES A. ASTM D Standard Test Method for Density and Unit Weight of Soil in Place by the Sand- Cone Method; 1990 (Reapproved 1996). B. ASTM D Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kn m/m3)); C. ASTM D Standard Test Method for Density and Unit Weight of Soil in Place by the Rubber Balloon Method; D. ASTM D Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth); E. ASTM D Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth); 1988 (Reapproved 1993). 1.4 DEFINITIONS A. Finish Grade Elevations: Indicated on drawings. B. Rough Grading of site as required 1.5 SUBMITTALS A. See Section for submittal procedures. B. Compaction Density Test Reports. 1.6 PROJECT CONDITIONS A. Provide sufficient quantities of fill to meet project schedule and requirements. When necessary, store materials on site in advance of need. B. When fill materials need to be stored on site, locate stockpiles where designated. 1. Separate differing materials with dividers or stockpile separately to prevent intermixing. City of Rio Rancho Fill and Backfill 2.0MG Recycled Water Tank at Well 10A

188 2. Prevent contamination. 3. Protect stockpiles from erosion and deterioration of materials. C. Verify that survey bench marks and intended elevations for the Work are as indicated. PART 2 PRODUCTS 2.1 FILL MATERIALS A. General Fill: Subsoil excavated near-surface on-site. 1. Graded. 2. Free of lumps, rocks or roots larger than 2 inches and free of all miscellaneous debris. B. Engineered Fill: Fill shall be Engineered fill (also designated as Structural Fill), provided per the Geotechnical Engineering Report and these specifications. Engineered fill shall be ASTM classification Class I or Class H soils, as Determined by ASTM D-2321 and ASTM D Soils shall be compacted to a minimum of 95% compaction, in no more than 6-inch lifts, within 2 % of optimum moisture as determined by ASTM D Engineered/Structural Fill shall be provided for all foundations, storage tank foundation or tank perimeter, other perimeter walls, pads, subgrade materials for concrete paving and pipe line trench backfill for pipe zones. 2.2 EMBANKMENT A. General: The embankment shall consist of a controlled fill constructed in the areas indicated on the grading plans. B. Embankment Materials: General embankment material shall consist of soils that conform to the following physical characteristics: Sieve Size (sq. opening) % Passing (by wt.) 12 inch 100 No No C. The plasticity index of the materials as determined in accordance with ASTM D-423 and D-424, shall not be more than 10. D. The fill material shall be free from roots, grass, other vegetation matter, clay lumps, or other deleterious materials. Nesting of large cobbles should be avoided. E. Site soils from the cuts may be used for fill, provided they meet the requirements above in Paragraph B of EMBANKMENT. Blending of soils may be required to meet specifications. PART 3 EXECUTION 3.1 EXAMINATION A. Identify required lines, levels, contours, and datum locations. City of Rio Rancho Fill and Backfill 2.0MG Recycled Water Tank at Well 10A

189 3.2 PREPARATION A. Until ready to fill, maintain excavations and prevent loose soil from falling into excavation. 3.3 FILL AND COMPACTION A. Fill to contours and elevations indicated using unfrozen materials. B. Fill up to subgrade elevations unless otherwise indicated. C. Employ a placement method that does not disturb or damage other work. D. Systematically fill to allow maximum time for natural settlement. Do not fill over porous, wet, frozen or spongy subgrade surfaces. E. Maintain optimum moisture content of fill materials to attain required compaction density. The moisture content at the time of compaction shall be 2 percent below optimum or higher. F. Soil Fill: Place and compact material in equal continuous layers not exceeding 8 inches compacted depth, watered as necessary. G. Compaction shall be as required by the Geotechnical Engineering Report. H. Embankments around the tank shall be compacted to 90 percent of maximum density, except under paving or in Pipeline Trenching and Backfill. I. Native soils beneath fills or in cuts shall be compacted to the density specified for fills in that area in accordance with the Geotechnical Engineering Report. J. Optimum moisture and maximum density for each soil used shall be determined in accordance with ASTM D K. Slope grade away from building minimum 2 inches in 10 ft, unless noted otherwise. Make gradual grade changes. Blend slope into level areas. L. Correct areas that are over-excavated. 1. Load-bearing foundation surfaces, pad areas, paving areas and other structures as required: Use Engineered fill, flush to required elevation, within 3% of optimum moisture compacted to 95 percent of maximum dry density. 6" lifts maximum. 2. Other areas: Use general fill, flush to required elevation, compacted to minimum 90 percent of maximum dry density. M. Compaction Density Unless Otherwise Specified or Indicated: 1. Under asphalt paving or other roadways, slabs-on-grade, foundations and similar construction: 95 percent of maximum dry density. 2. At other locations: 90 percent of maximum dry density. City of Rio Rancho Fill and Backfill 2.0MG Recycled Water Tank at Well 10A

190 3.4 TOLERANCES A. Top Surface of General Filling: Plus or minus 1 inch from required elevations. B. Top Surface of Filling Under Paved Areas: Plus or minus 1 inch from required elevations. 3.5 FIELD QUALITY CONTROL A. The Contractor shall employ the services of an independent registered licensed soils engineer to observe and test all controlled earthwork. The soils engineer shall provide continuous on-site inspection by experienced personnel during construction of controlled earthwork. B. The contractor shall notify the Owner at least 2 working days in advance of nay field operations of the controlled earthwork, or of any resumption of operations after stoppages. C. Perform compaction density testing on compacted fill in accordance with ASTM D1556, ASTM D2167, ASTM D2922, or ASTM D3017. D. Evaluate results in relation to compaction curve determined by testing uncompacted material in accordance with ASTM D 1557 ("modified Proctor"). E. If tests indicate work does not meet specified requirements, remove work, replace and retest. F. Frequency of Tests: 1. One field density test per each 1,000 square yards of original ground surface prior to placing fill or in cut areas. 2. One field density test per each 350 cubic yards of fill placed, or each layer of fill for each work area, whichever is greater. 3. One moisture-density curve for each type of material used, as indicated by sieve analysis and plasticity index. 4. Trench Backfill: In each compacted backfill layer, perform at least one field in-place density test for each 100 lineal feet or less of trench at intervals no greater than 2' vertical, but no fewer than two tests, to 95% compaction. G. Proof roll compacted fill at surfaces that will be under slabs-on-grade and paving. 3.6 CLEAN-UP A. Remove unused stockpiled materials; leave area in a clean and neat condition. Grade the stockpile area to prevent standing surface water. B. Leave borrow areas in a clean and neat condition. Grade the top elevations to prevent standing surface water. END OF SECTION City of Rio Rancho Fill and Backfill 2.0MG Recycled Water Tank at Well 10A

191 SECTION VALVES AND PRESSURE TRANSMITTERS PART 1 GENERAL 1.1 SCOPE This Section of the specifications shall be supplemental to Section 801 of the Standard Specifications. All requirements of Section 801 shall apply except as modified herein. The work covered by this section includes: manually operated butterfly valves, manually operated gate valves, air release and vacuum valves, and miscellaneous valves. 1.2 SUBMITTALS Shop drawing submittals shall be in accordance with Section of these specifications. PART 2 PRODUCTS 2.1 MISCELLANEOUS SMALL VALVES A. Ball Valve: Val-Matic No. 600, size as required. 2.2 PRESSURE TRANSMITTER A. Digital Pressure Transmitter for Installation at Wastewater Treatment Plant No. 2: IFM Efector Model PI2793, or approved equal. 2.3 AWWA QUARTER-TURN BUTTERFLY VALVE A. All quarter-turn butterfly valves shall be in accordance with AWWA C-504 except as modified herein. 1. Valve body shall be of ASTM A126 Class B cast iron or ASTM A536 Grade ductile iron construction. Valves shall be short body laying length according to AWWA C504-latest edition Table 2, with full face flanges drilled per ANSI B16.1 with bolt holes shall be drilled through the flanges. Tapped holes are acceptable on either side of the shaft where drilled holes would penetrate the shaft, bearing, or packing area of the body. Valve body shall have integrally cast hubs for shaft bearings and shall be epoxy coated internally. 2. Valve disk shall be ASTM A48 Class 40 cast iron or ASTM A436 Type 1 or 2 ductile iron. Valve disk and shaft shall be installed horizontally. Disk edge shall be 18-8 stainless steel or Monel except when Ni-Resist disc or valve with seat on the disk are furnished. 3. Valve shall be designed to provide tight shut-off with a minimum differential across the valve of 150 psi in accordance with AWWA C504-latest edition, Section Valve shaft shall be 304 or 316 stainless steel and be of through shaft or stub shaft design. Stub shafts shall be inserted into the disk hub a minimum of 1-1/2 shaft diameters and be affixed to the disk with a minimum of one taper pin at each end. The minimum shaft diameter shall be in accordance with AWWA C504-latest edition Class 150B Table 3 and the shaft torque capabilities shall not exceed those listed in AWWA C504-latest edition Class 150B Table 4. City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

192 5. Valve seat shall be mounted in the valve body or affixed to the disk edge. Valve body mounted seats shall be cemented or bonded. Valve disk mounted seats shall be retained as specified inn AWWA C504-latest edition. 6. The maximum output torque to open and/or close the valve shall not exceed 150 ft-lbs under the minimum working pressure stated in these specifications MANUAL OPERATORS A. Manual operators shall be of the worm gear or traveling nut type, utilizing spur or bevel gearing as necessary to produce a maximum input of 150 ft.-lbs. to the driver. Operator torque shall be in accordance with AWWA C504-latest edition Table 1. The housing and cover plate shall be cast steel and provide a watertight construction. The driver assembly strength and operations shall comply with AWWA C504-latest edition. Each valve shall be supplied with a handwheel. Operator shall be supplied with an external position indicator. Extension stems and stem guides shall be as manufactured by Mueller or approved equal. All butterfly valve operators shall be capable of being maintained in any position between full open and full close and shall be as manufactured by Mueller, Centerline, Pratt, Keystone, Dresser, American Darling or an approved equal. 2.4 RESILIENT SEATED GATE VALVES A. Resilient-seated gate valves shall be manufactured in accordance with the applicable provisions of the most recent ANSI/AWWA Standard C509-latest edition, "Resilient-Seated Gate Valves for Water Supply Service" as modified herein or in conformance with the applicable provisions of ANSI/AWWA Standard C515-latest edition Reduced-Wall Resilient-Seated Gate Valves for Water Supply Service as modified herein. B. Valves shall have non-rising stems (NRS) and are to be installed under buried and/or submerged conditions. The design working water pressure shall be 200 psig for 3 through 12-inch sizes and 150 psig for 16 through 30-inch sizes. For valves manufactured in conformance with the provisions of AWWA C515-latest edition as modified herein, the design working water pressure shall be a minimum of 200 psig for all sizes. In addition to the pressure requirements, the valve assembly and mechanism shall be capable of withstanding an input torque of 200 ft.-lbs. for valves 4-inch and smaller, and 300 ft.-lbs. for valves 6-inch and larger. With the valve open the unobstructed waterway shall have a diameter not less than the full nominal diameter of the valve. C. Valve body: All resilient-seated gate valves manufactured in conformance with AWWA C509- latest edition shall be iron-bodied and shall conform to ASTM Standard A126--latest edition, "Gray Iron Castings for Valves, Flanges, and Pipe Fittings", Class B; ASTM Standard A395- latest edition, "Ferritic Ductile Iron Pressure-Retaining Castings for Use at Elevated Temperatures"; or ASTM Standard A536--latest edition, "Ductile Iron Castings". Valve body and bonnet thickness shall conform with the requirements of AWWA Standard C509--latest edition. Valves manufactured in conformance with AWWA C515-latest edition shall be iron-bodied and shall conform to ASTM Standard A395-99, "Ferritic Ductile Iron Pressure-Retaining Castings for Use at Elevated Temperatures" or ASTM Standard A536-latest edition "Ductile Iron Castings". Body and bonnet thickness shall conform with the requirements of AWWA Standard C515-latest edition. All ferrous metal items in contact with the line fluids, except gray or ductile cast iron, shall be AISI Type 316 stainless steel. Valve body and bonnet gaskets shall be rubber or rubber City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

193 composition, inorganic mineral fiber and paper are not acceptable. Rubber and rubber composition materials shall be suitable for use in water containing chlorine or chloramines and in sanitary sewage. D. Stems, stem nuts, glands and bushings shall be made of bronze as specified in ANSI/AWWA Standard C509-latest edition with no Grades B or C bronze being utilized. The same items for valves made in conformance with C515-latest edition shall be made of the alloys specified above in the last paragraph of the "Gate Valves, General" section of this specification. The stem diameter shall conform to Table 4 of either C509-latest edition or C515-latest edition as appropriate. All valves shall be equipped with an ANSI/AWWA standard 2-inch square operating nut with skirt, or handwheel when required for above-ground service. Valve stems shall rotate counterclockwise to open. All valves 20-inch and larger shall be equipped with gearing conforming with their particular AWWA standard. Bevel or spur gearing shall be supplied as ordered with no cost differential. E. "O"-ring stem seals shall be neoprene, Buna-N, or approved equal. No natural rubber compounds will be acceptable. The stem seals shall be of design that permits the replacement of the "O"-ring seals while the valve is in service, without undue leakage. F. All external ferrous items, except gray or ductile cast iron, shall be hot dipped galvanized in accordance with ASTM Standard A123, "Zinc (Hot-galvanized) Coatings on Iron and Steel Products", or ASTM Standard A153, "Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware", or Type 304 stainless steel. G. Resilient seats shall be applied to the disc only and shall seat against a corrosion-resistant surface. The surface may be either metallic or nonmetallic, applied in a manner to withstand the action of line fluids and the operation of the sealing gate under long-term service. A metallic surface shall have a corrosion resistance equal to or better than bronze. A nonmetallic surface shall be in compliance with ANSI/AWWA Standard C550-latest edition, "Protective Epoxy Interior Coatings for Valves and Hydrants". Resilient seats shall be bonded or mechanically attached to the gate. No natural rubber products will be acceptable. If the resilient seat is a rubber material, the method used for bonding or vulcanizing shall be proven by ASTM Standard D429, "Test Methods for Rubber Property-Adhesion to Rigid Substrates", Method A or B. For method A, the minimum strength shall not be less than 250 psi. When Method B is applicable, the peel strength shall not be less than 75 lb/in. All exposed mechanical attaching devices and hardware used to retain the resilient seat shall be of AISI Type 316 stainless steel. H. Flanged valves shall have ends faced and drilled conforming to ANSI Standard B16.1, Class 125. Bolt holes in the flanges shall be equally spaced and shall straddle the vertical and horizontal centerlines. Joint materials for flanged valves will be furnished with the valves. I. Mechanical joint valves shall have ends complying with ANSI/AWWA Standard C111/A21.11, "Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings". Mechanical joint gaskets, glands, tee-head bolts and hex nuts shall be included with the valve. Segmented glands or follower glands held in place with set screws will not be acceptable. Bolt holes in the flanges of the mechanical joint shall be equally spaced and shall straddle the vertical centerline. Gaskets shall be shipped separately in suitable protective containers. Valves for use in sewage shall have neoprene gaskets. J. Painting and coatings shall conform to the requirements of Fed. Spec. TT-C-494a on exterior ferrous surfaces, and ANSI/AWWA Standard C550-latest edition for the interior of the valve. A City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

194 coating shall be applied to all ferrous parts of the valves except for finished or seating surfaces. Surfaces shall be clean and dry before painting. K. Testing: All production tests shall be performed on all valves supplied without exception. Operation, shell and seat tests shall be performed as specified in Section 6.2 of AWWA C509- latest edition and Section of AWWA C515-latest edition as appropriate to the standard which covers the valve in question. An Affidavit of Compliance shall be furnished to the City by the Contractor. The gate valves shall conform with the appropriate AWWA standard as modified herein and as manufactured by U.S. Pipe and Foundry Co., American Flow Control, Mueller or approved equal. 2.5 AIR RELEASE AND VACUUM RELIEF VALVES A. Description 1. Air vent valve shall be of the compact single chamber design with solid cylindrical HDPE control floats housed in tubular stainless steel body with epoxy powder coated mild steel ends or stainless steel ends screwed by means of stainless steel tie rods. 2. Valve shall have an integral 'Anti-Shock' Orifice mechanism which shall operate automatically to limit transient pressure rise or shock induced by closure to 1.5 x valve rated working pressure. Discharge orifice shall be equal to the nominal size of the valve. 3. Large orifice sealing shall be affected by the flat face of the control float seating against a nitrile rubber '0' ring housed in a dovetail groove circumferentially surrounding the orifice. 4. Discharge of pressurized air shall be controlled by the seating and unseating of a small orifice nozzle on a natural rubber seal affixed into the control float. The nozzle shall have a flat seating land surrounding the orifice to prevent damage to the rubber seal. 5. Valve construction shall be proportioned with regard to material strength characteristics, so that deformation, leaking or damage of any kind does not occur by submission to twice the designed working pressure. 6. Valve design shall incorporate an over pressure safety feature that will fail without an explosive effect, such as is normally the case when highly compressed air is released suddenly. The feature shall consist of easily replaceable components such as gaskets, seals or the like. 7. Connection to the valve inlet shall be facilitated by a screwed NPT male end 1" & 2" or a flanged end conforming to ANSI B16.1 Class 125 and Class 250 and ANSI B16.5 Class 300 Standards. 8. Flanged ends for 3" and 4" valves shall be supplied with the requisite number of stainless steel screwed studs inserted for alignment to the specified standard. Nuts, washers, or joining gaskets shall be excluded. 9. Provision of a 'A" NPT Test/Bleed cock. City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

195 B. Operation: 1. Prior to ingress of liquid into the valve chamber when pipeline is being filled, valves shall vent through the large orifice when water approach velocities are relative to a transient pressure rise on valve closure of 1.5 x valve rated pressure. 2. At higher water approach velocities, which have a potential to induce transient pressure rises >1.5 times valve rated pressure on closure, the valve shall automatically discharge through the "Anti-Shock" Orifice and reduce water approach velocity, so that on closure a maximum transient pressure rise of <1.5 times valve rated pressure is realized. 3. Valve shall not exhibit leaks or weeping of liquid past the large orifice seal at operating pressures of 7.3 psi to 1.5 times rated working pressure. 4. Valve shall respond to the presence of air by discharging it through the small orifice at any pressure within a specified design range and shall remain leak tight in the absence of air. 5. Valve shall react immediately to pipeline drainage or water column separation by the full opening of the full orifice to allow unobstructed air intake at the lowest possible negative internal pipeline pressure. C. Acceptable Manufacturers 1. Vent-o-mat Series RBX by International Valve Marketing Inc., or approved equal. 2.6 SOLENOID CONTROL VALVE A. Solenoid control valve to regulate flow to and from tank: Cla-Val Model B Y V C S KC KX with X105L2W, or approved equal. Model = solenoid valve (open/ closed only, does not modulate) 120VAC power to solenoid with manual operator on solenoid Configure to fail CLOSED on power loss B = isolation cocks in pilot system. Only used when trouble shooting. Y =pilot system Wye strainer V = X101 valve stem position indicator (not needed if X105 limit switch assembly below is selected C = closing speed controls in pilot S = open speed controls in pilot KC = NSF fusion bonded epoxy coating to main valve interior/ exterior KX = denotation of some special added features (manual operator on the solenoid, opening speed controls) X105L2W = open and closed indication limit switch IFM Efector Model PI2793 Pressure Transmitter (provide 2) 2.7 VALVE AND PIPE SUPPORTS A. Valve and pipe supports shall be provided where shown on the drawings and shall be Anvil Fig. 264 or equal, unless otherwise shown on the drawings, where pipe supports shall be fabricated from steel. The saddle shall be replaced with a cap at the end of the adjustable shank for valve City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

196 supports. Adjustable height and diameter of supporting pipe and shank shall depend on the particular item to be supported and its weight. PART 3 EXECUTION 3.1 INSTALLATION A. All special equipment shall be installed as shown on the drawings and as required for complete and finished items. END OF SECTION City of Rio Rancho Valves and Pressure Transmitter 2.0MG Recycled Water Tank at Well 10A

197 SECTION INSTALLATION OF RECYCLED WATER TRANSMISSION LINES PART 1 GENERAL 1.1 SCOPE This Section of the specifications shall be supplemental to Section 801 of the Standard Specifications. All requirements of Section 801 shall apply except as modified herein. 1.2 MODIFICATIONS TO SECTION 801 OF THE STANDARD SPECIFICATIONS A. In Accordance with Section note that ONLY pipe as approved by the Engineer is acceptable. Following is a summary of site and tank piping requirements. 1. Site Piping (From 2 feet outside tank foundation): a. 6-inch and 12-inch ductile iron PC350 cement mortar lined, as shown. See Section 129 of the Standard Specifications. b. 16-inch ductile iron pipe PC250 cement mortar lined, as shown. See Section 129 of the Standard Specifications. c. 12-inch DR-18 AWWA C-900 PVC (purple), as shown. See Section 121 of the Standard Specifications. d. 16-inch and 24-inch DR-18 AWWA C-905 (purple), as shown. See Section 121 of the Standard Specifications. e. 6 perforated tank perimeter drain piping. ADD Subsection to the Standard Specifications: Perforated gravity flow pipe for tank perimeter drains shall be Sch40 pvc. The compound is pvc 1120 Type 1 Grade 1, with a cell class of 12454B, per ASTM D1784. The Sch40 pvcpipe shall comply with ASTM D1785, listed with NSF, and comply with NSF/ANSI Standard 14 and Standard 61. Sch40 pvc pipe is installed per ASTM D2855. The joints should conform to ASTM D2672, the solvent cement to ASTM D2564, and the primer to ASTM F656. The perforated pipe shall have 2 rows of holes, 120 apart, parallel to the axis of the pipe. Holes shall be ½ diameter at 5 o/c. f. 6 solid tank perimeter drain discharge pipe. ADD Subsection to to the Standard Specifications Solid gravity flow pipe for tank perimeter drains shall be Sch40 pvc. The compound is pvc 1120 Type 1 Grade 1, with a cell class of 12454B, per ASTM D1784. City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

198 2. Tank Piping (Below grade) The Sch40 pvc pipe shall comply with ASTM D1785, listed with NSF, and comply with NSF/ANSI Standard 14 and Standard 61. Sch40 pipe pvc is installed per ASTM D2855. The joints should conform to ASTM D2672, the solvent cement to ASTM D2564, and the primer to ASTM F656. a. 6" and 12 ductile iron pipe cement mortar lined PC 350, end connections as required by tank designer. See Section 129 of the Standard Specifications. b. 16 ductile iron pipe cement mortar lined PC250, end connection as required by tank designer. See Section 129 of the Standard Specifications. 3. Tank Piping (Interior) a. as determined by tank designer. B. Replace First sentence of Subsection with the following: "Butterfly valves shall be equipped with a 2-inch operating nut." C. Replace Section with: When laying pipe, Electronic Marker Balls shall be installed in accordance with City of Rio Rancho requirements. Refer to City of Rio Ranch Standard Drawing GU-01. The Engineer of Record will require that marker balls be placed at all fittings, valve locations, and additional locations as described in the City of Rio Rancho s Development Process Manual, Chapter II.7 and/or as designated by the City s Project Manager. Marker balls shall be installed in accordance with Section 170. D. With reference to Section 170 from of the Standard Specifications Electronic Marker Disks : Delete the words disk and disks wherever they appear and replace with ball and balls. Delete Subsection in its entirety and replace with the following: Install marker balls per manufacturer s recommended practice and as denoted in Depth of bury shall not exceed manufacturer s maximum depth. Marker balls shall be hand backfilled to 1 foot above the ball to prevent movement or damage. Delete Subsection and in their entirety and replace with: Marker ball placement locations shall be denoted by the Engineer of Record on the plans. These locations shall be as specified within the City of Rio Rancho s Development Process Manual, Chapter II.7. The Contractor shall ensure that all marker balls are placed in accordance with the plans and/or as directed by the City s Project Manager. Make no changes to Subsections or City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

199 E. DELETE Subsection in its entirety and replace with the following: When laying new metallic and non-metallic pipe, the pipe shall be marked with non-detect utility marking tape and tracer wire. When laying ductile iron pipe, the pipe shall be marked with non-detect utility marking tape, tracer wire, and encased in polyethylene wrap. Non-Detect Utility Marking Tape Warning tape shall be installed 3 feet below the finished ground level directly above the pipe longitudinally and shall be centered on the pipe. The warning tape shall be installed continuous for the entire length of the pipe. The tape shall be a 4 mil thick, linear low density polyethylene, specially formulated for extended uses underground. The legend/message associated with the pipe usage shall continually repeat a minimum of every three feet. The tape tensile strength shall be in accordance with ASTM D882 and not be less than 4100 MD (longitudinal directiona0 and 3650 TD (transverse direction). Elongation properties shall be in accordance with ASTM D882 and will be greater than 550% + the breaking point. Tape flexibility shall be in accordance with ASTM D671 and remain pliable. The tape composition shall be of virgin LLDPE/LDPE. Tape width shall be 6 inches. The following color and legend/message shall be on the wrap based on the applicable use required by the project: Color Use Legend/Message Blue Potable Water Caution Potable Water Line Buried Below Blue Raw/Untreated Well Water Caution Raw Water Line Buried Below Purple Recycled Water Caution Recycled Water Line Buried Below Tracer Wire All trace wire shall have HDPE insulation intended for direct bury, color coated per APWA standard for the specific utility being marked. Trace wire shall be #12 AWG copper clad steel, high strength with minimum 450 lb. break load, with minimum 30 mil HDPE insulation thickness. All mainline trace wires must be interconnected in intersections, at mainline tees and mainline crosses. At tees, the three wires shall be joined using a single 3-way lockable connector. At crosses, the four wires shall be joined using a 4-way connector. Use of two 3-way connectors with a short jumper wire between them is an acceptable alternative. Direct bury wire connectors shall include 3-way lockable connectors and mainline to lateral lug connectors specifically manufactured for use in underground trace wire installation. Connectors shall be dielectric silicon filled to seal out moisture and corrosion, and shall be installed in a manner so as to prevent any uninsulated wire exposure. Non locking friction fit, twist on or taped connectors are prohibited. All trace wire termination points must utilize an approved trace wire access box (above ground access box or grade level/in-ground access box as applicable), specifically manufactured for this purpose. All grade level/in-ground access boxes shall be appropriately identified with sewer, water, or recycle cast into the cap and be color coded. A minimum of 2 ft. of excess/slack wire is required in all trace wire access boxes after meeting final elevation. All trace wire access boxes must include a manually interruptible conductive/connective link between the terminal(s) for the trace wire connection and the terminal for the grounding anode wire connection. City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

200 Grounding anode wire shall be connected to the identified (or bottom) terminal on all access boxes. Trace wire must be properly grounded at all dead ends/stubs. Grounding of trace wire shall be achieved by use of a drive-in magnesium grounding anode rod with a minimum of 20ft of #14 red HDPE insulated copper clad steel wire connected to anode (minimum 0.5 lb.) specifically manufactured for this purpose, and buried at the same elevation as the utility. When grounding the trace wire at dead ends/stubs, the grounding anode shall be installed in a direction 180 degrees opposite of the trace wire, at the maximum possible distance. When grounding the trace wire in areas where the trace wire is continuous and neither the mainline trace wire or the grounding anode wire will be terminated at/above grade, install grounding anode directly beneath and in-line with the trace wire. Do not coil excess wire from grounding anode. In this installation method, the grounding anode wire shall be trimmed to an appropriate length before connecting to trace wire with a mainline to lateral lug connector. Where the anode wire will be connected to a trace wire access box, a minimum of 2 ft. of excess/slack wire is required after meeting final elevation. Trace wire installation shall be performed in such a manner that allows proper access for connection of line tracing equipment, proper locating of wire without loss or deterioration of low frequency (512Hz) signal for distances in excess of 1,000 linear feet, and without distortion of signal caused by multiple wires being installed in close proximity to one another. Trace wire systems must be installed as a single continuous wire, except where using approved connectors. No looping or coiling of wire is allowed. Any damage occurring during installation of the trace wire must be immediately repaired by removing the damaged wire, and installing a new section of wire with approved connectors. Taping and/or spray coating shall not be allowed. Trace wire shall be installed at the top centerline of the pipe and secured (taped/tied) at 5 intervals. Trace wire must be properly grounded as specified. Trace wire on all service laterals must terminate at an approved trace wire access box located directly above the utility, at the edge of the road right-of-way, but out of the roadway. At all mainline dead-ends, trace wire shall go to ground using an approved connection to a drive-in magnesium grounding anode rod, buried at the same depth as the trace wire. Mainline trace wire shall not be connected to existing conductive pipes. Treat as a mainline dead-end, ground using an approved waterproof connection to a grounding anode buried at the same depth as the trace wire. All service lateral trace wires shall be a single wire, connected to the mainline trace wire using a mainline to lateral lug connector, installed without cutting/splicing the mainline trace wire. In occurrences where an existing trace wire is encountered on an existing utility that is being extended or tied into, the new trace wire and existing trace wire shall be connected using approved splice connectors, and shall be properly grounded at the splice location as specified. The following products and methods shall not be allowed or acceptable Uninsulated trace wire Trace wire insulations other than HDPE Trace wires not domestically manufactured Non locking, friction fit, twist on or taped connectors Brass or copper ground rods Wire connections utilizing taping or spray-on waterproofing Looped wire or continuous wire installations, that has multiple wires laid side-byside or in close proximity to one another Trace wire wrapped around the corresponding utility City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

201 Brass fittings with trace wire connection lugs Wire terminations within the roadway, i.e. in valve boxes, cleanouts, manholes, etc. Connecting trace wire to existing conductive utilities All new trace wire installations shall be located using typical low frequency (512Hz) line tracing equipment, witnessed by the contractor, engineer, and facility owner as applicable, prior to acceptance of ownership. This verification shall be performed upon completion of rough grading and again prior to final acceptance of the project. Continuity testing in lieu of actual line tracing shall not be accepted. If the trace wire is found to be not continuous after testing, Contractor shall repair or replace the failed segment of the wire at Contractor s expense. Polyethylene Wrap for Ductile Iron Pipe All ductile iron pipe and fittings shall be wrapped in linear low-density polyethylene wrap. The wrap shall be 8 mil minimum, group 2, linear low density, flat tube, virgin polyethylene film that meets or exceeds ANSI/AWWA C105/A and NT The film shall be marked showing trademark, year of manufacture, type of resin, specification, conformance, applicable pipe sizes, and the words warning corrosion protection-repair any damage. The wrap shall be installed according to latest Ductile Iron Pipe Research Association guidelines. The following wrap color coding shall be used based on the applicable use required by the project. Color Blue Blue Purple Use Potable Water Raw/Untreated Well Water Recycled Water F. Add to Valve and Valve Boxes: "No separate payments shall be made for valve stem extensions or valve box extensions. Price as stated in Bid Proposal shall be to all depths." G. DELETE the last sentence of Subsection and replace with: Pipe locator tape and tracer wire (including all elements described in , above) shall be included in the contract unit price for the pipe. No separate measurement or payment will be made for these items. H. DELETE Subsection in its entirety and replace with the following: The contract unit price for pipe, valves, and appurtenances in all cases shall include the trenching, installation, and compacted backfilling for all depths required for this project. I. DELETE Subsection in its entirety. J. Delete the first sentence of Subsection and replace with the following: All cast iron and ductile iron fittings shall be measured and paid for at a contract unit price per pound based on actual weight of fitting of the size and type used. City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

202 K. Delete the first sentence of Subsection and replace with the following: Fitting insertion: The insertion of a fitting into an existing pipe line shall be measured and paid for at the contract unit price per pound based on the actual weight of the fitting used shall be measured and paid for at a contract unit price per pound based on actual weight of fitting of the size and type used. PART 2 PART 3 PRODUCTS Not used. EXECUTION Not used. END OF SECTION City of Rio Rancho Installation of Recycled Water 2.0MG Recycled Water Tank at Well 10A Transmission Lines

203 SECTION PORTLAND CEMENT FOR CONCRETE PAVING PART 1 GENERAL 1.1 SECTION INCLUDES A. Exterior concrete valley gutter and cutoff walls. 1.2 REFERENCES A. ACI Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International; 1991 (Reapproved 2002). B. ACI Specifications for Structural Concrete for Buildings; American Concrete Institute International; C. ACI 304R - Guide for Measuring, Mixing, Transporting, and Placing Concrete; American Concrete Institute International; D. ACI 305R - Hot Weather Concreting; American Concrete Institute International; E. ACI 306R - Cold Weather Concreting; American Concrete Institute International; 1988 (Reapproved 2002). F. ASTM C 33 - Standard Specification for Concrete Aggregates; G. ASTM C 39/C 39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens; 2004a. H. ASTM C 94/C 94M - Standard Specification for Ready-Mixed Concrete; 2004a. I. ASTM C Standard Specification for Portland Cement; 2004a. J. ASTM C 173/C 173M - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method; K. ASTM C Standard Specification for Air-Entraining Admixtures for Concrete; L. ASTM C Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete; M. ASTM C 494/C 494M - Standard Specification for Chemical Admixtures for Concrete; N. ASTM C Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete; ASTM C 685/C 685M - Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing; P. ASTM D Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (non-extruding and Resilient Bituminous Types); SUBMITTALS City of Rio Rancho Portland Cement for Concrete Paving 2.0MG Recycled Water Tank at Well 10AA

204 A. See Section for submittal procedures. B. Product Data: Provide data on joint filler, admixtures, curing compound, and removable joint cap. 1.4 QUALITY ASSURANCE A. Perform work in accordance with ACI 301. B. Obtain cementitious materials from same source throughout. C. Follow recommendations of ACI 305R when concreting during hot weather. D. Follow recommendations of ACI 306R when concreting during cold weather. 1.5 ENVIRONMENTAL REQUIREMENTS A. Do not place concrete when base surface temperature is less than 40 degrees F, or surface is wet or frozen. PART 2 PRODUCTS 2.1 FORM MATERIALS A. Form Materials: Conform to ACI 301. B. Joint Filler: Non-extruding, resilient asphalt impregnated fiberboard or felt, complying with ASTM D 1751, 1/2 inch thick and full depth of slab less 1/2 inch. 2.2 REINFORCEMENT A. Unless indicated on the drawings, reinforcement is not required for exterior paving. 2.3 CONCRETE MATERIALS A. Cement: ASTM C 150 Air Entraining Type IA or Air Entraining Type I1A Portland type, grey color. B. Fine and Coarse Mix Aggregates: ASTM C 33. C. Fly Ash: ASTM C 618, Class F. D. Calcined Pozzolan: ASTM C 618, Class N. E. Water: Clean, and not detrimental to concrete. F. Air Entrainment Admixture: ASTM C 260. G. Chemical Admixtures: ASTM C 494/C 494M, Type A - Water Reducing, Type C -Accelerating, and Type G - Water Reducing, High Range and Retarding. 2.4 ACCESSORIES A. Curing Compound: ASTM C 309, Type Design Professional, Class A. B. Sealant at Joint Filler: Type ES-2 as specified in Section City of Rio Rancho Portland Cement for Concrete Paving 2.0MG Recycled Water Tank at Well 10AA

205 C. Removable Joint Cap: Extruded plastic, 10 ft. lengths; size to match width of joint filler. 1. Product and Manufacturer: Sealtight Snap-Cap, W.R. Meadows: or equal. 2.5 CONCRETE MIX DESIGN A. Proportioning Normal Weight Concrete: Comply with ACI recommendations. B. Concrete Strength: Establish required average strength for each type of concrete on the basis of field experience or trial mixtures, as specified in ACI For trial mixtures method, employ independent testing agency acceptable to Architect for preparing and reporting proposed mix designs. C. Admixtures: Add acceptable admixtures as recommended in ACI and at rates recommended by manufacturer. D. Concrete Properties: 1. Compressive Strength, when tested in accordance with ASTM C 39/C 39M at 28 days: 4,000 psi. 2. Fly Ash Content: Maximum percent of cementitious materials by weight. 3. Calcined Pozzolan Content: Maximum 10 percent of cementitious materials by weight. 4. Silica Fume Content: Maximum 5 percent of cementitious materials by weight. 5. Cement Content: Minimum 429 lb per cubic yard. 6. Water-Cementitious Ratio: Maximum 45 percent by weight. 7. Total Air Content: 6 percent (+/- one percent), determined in accordance with ASTM C 173/C 173M. 8. Maximum Aggregate Size: 1 inch. 2.6 MIXING A. On Project Site: Mix in drum type batch mixer, complying with ASTM C 685. Mix each batch not less than 1-1/2 minutes and not more than 5 minutes. B. Transit Mixers: Comply with ASTM C 94/C 94M. PART 3 EXECUTION 3.1 EXAMINATION A. Verify compacted subgrade is acceptable and ready to support paving and imposed loads. B. Verify gradients and elevations of base are correct. 3.2 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. City of Rio Rancho Portland Cement for Concrete Paving 2.0MG Recycled Water Tank at Well 10AA

206 3.3 FORMING A. Place and secure forms to correct location, dimension, profile, and gradient. B. Assemble formwork to permit easy stripping and dismantling without damaging concrete. C. Place joint filler vertical in position, in straight lines. Secure to formwork during concrete placement. 3.4 PLACING CONCRETE A. Place concrete in accordance with ACI 304R. B. Ensure inserts, embedded parts, formed joints are not disturbed during concrete placement. C. Place concrete continuously over the full width of the panel and between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur. 3.5 JOINTS A. Place 1/2 inch wide expansion joints at the following locations: 1. To separate paving from vertical surfaces and other components 2. At other locations indicated on the drawings. a. If other locations are not indicated, locate at maximum 20 foot intervals. 3. Form joints with joint filler extending from bottom of pavement to within 1/2 inch of finished surface. 4. Secure to resist movement by wet concrete. 5. Install joint filler with removable joint caps. Set top of removable joint cap flush with finished paving surface. Extend joint filler to bottom of paving. 6. Remove joint caps when paving is cured in accordance with manufacturer's recommendations. B. Provide scored joints: 1. At locations identified as control joints. 2. If locations are not indicated, locate at 5 feet intervals. 3.6 FINISHING A. All paving unless noted otherwise: Light broom, texture perpendicular to pavement direction. B. Place curing compound on exposed concrete surfaces immediately after finishing. Apply in accordance with manufacturer's instructions. 3.7 JOINT SEALING A. See Section for joint sealer requirements. City of Rio Rancho Portland Cement for Concrete Paving 2.0MG Recycled Water Tank at Well 10AA

207 3.8 TOLERANCES A. Maximum Variation of Surface Flatness: 1/4 inch in 10 ft. B. Maximum Variation From True Position: 1/4 inch. 3.9 FIELD QUALITY CONTROL A. An independent testing agency will perform field quality control tests, as specified in Section Provide free access to concrete operations at project site and cooperate with appointed firm. 2. Submit proposed mix design of each class of concrete to inspection and testing firm for review prior to commencement of concrete operations. 3. Tests of concrete and concrete materials may be performed at any time to ensure conformance with specified requirements. B. Compressive Strength Tests: ASTM C 39/C 39M. For each test, mold and cure three concrete test cylinders. Obtain test samples for every 50 cu yd or less of concrete placed. 1. Take one additional test cylinder during cold weather concreting, cured on job site under same conditions as concrete it represents. C. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, and mechanical injury. END OF SECTION City of Rio Rancho Portland Cement for Concrete Paving 2.0MG Recycled Water Tank at Well 10AA

208 SECTION CHAIN LINK FENCE AND GATES PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals necessary and install the chain link fence and gates as shown on the Drawings and as specified herein RELATED WORK A. Site Grading in accordance with Sections 02211, and SUBMITTALS A. Submit, in accordance with Section 01300, shop drawings showing layout and details of construction and erection of fence and accessories required REFERENCE STANDARDS A. American. Society for Testing and Materials (ASTM) 1. ASTM A53 - Standard Specifications for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless. 2. ASTM A121 - Standard Specifications for Metallic-Coated (Carbon) Steel Barbed Wire. 3. ASTM A123 - Standard Specifications for Zinc (Hot-Dip) on Iron and Steel Hardware. 4. ASTM A392 - Standard Specification for Zinc-Coated Steel Chain-Link Fence Fabric. 5. ASTM A641 - Standard Specification for Zinc-Coated (Galvanized) Carbon Steel Wire. B. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. PART 2 PRODUCTS 2.01 MATERIALS A. General B. Fabric 1. All components shall be coated with polyvinyl chloride (PVC). Color shall be black. 1. The chin-link fabric shall be PVC coated over zinc-coated steel. The fabric shall be 9-gauge core wire, woven in a 1-in bottom salvage mesh and be hot-dipped galvanized all conforming to ASTM A641, woven after PVC coating in a 1-in mesh. The height of fabric wire shall be 72-inches. Fabric shall be fastened to intermediate posts with No. 6 aluminum fabric wire spaced approximately 15-in apart and to top rail with 9-gauge wires spaced approximately 18-in part. The fabric shall be securely fastened to all terminal and gateposts with 1/4-in by 3/I-in stretcher bars with 11-gauge pressed steel bands spaced approximately 12-in apart. City of Rio Rancho Chain Link Fence and Gates 2.0MG Recycled Water Tank at Well 10A

209 C. Posts, Rails and Braces 1. Posts, rails and braces shall be fabricated of Class I (round steel sections) Grade A (hot-dipped galvanized), seamless steel pipe, in accordance with ASTM A53 (Schedule 40), and be of the following sizes: a. Corner and Terminal Posts: in o.d. b. Line Posts: 1.90-in o.d. c. Gate Posts: SP7 (4.0-in. o.d.) d. Rails and Braces: 1.66-in o.d. e. Spacing of posts shall not exceed 10-ft. D. Gates (When Called For In The Plans) 1. Gates shall be constructed of Class I, Grade A seamless steel pipe, size SP1, plus additional intermediate members when required. Gate frames shall be of welded construction or shall be assembled using fittings. When fittings are used as the construction method for gate frames, the frames shall be fitted with 3/8-in. minimum diameter adjustable length truss rods. When frames are welded, all welding shall be done prior to galvanizing and application of PVC coating. Gate fabric shall be of the type, mesh, gauge, color and salvage as that specified above for fabric. Install fabric with stretcher bars at vertical edges and tie wires at top and bottom edges. Attach stretcher bars to gate frames at not more than 12-in. o.c. On gates with barbed wire, extend end members, 1-ft. above the top horizontal member of the gate frame. Attach three strands of barbed wire, uniformly spaced, to end members with bands, clips, or eyebolts. 2. Gate Hardware E. Accessories a. Hinges, latches, stops, and keepers shall be hot-dipped galvanized in accordance with ASTM A153 and be PVC coated to match fabric. b. Hinges shall be pressed steel or malleable iron, sized to suit gate, no-lift-off type and offset to permit 180 degree gate opening. Provide one pair of hinges for each leaf (up to 12-ft high). c. Latches shall be forked type to permit operation from either side of gate. Provide padlock eye as integral part of latch. d. Keeper shall automatically engage the gate leaf and hold it in the open position until manually released. e. Stop, consisting of drop rod, shall be provided to hold the inactive leaf Steel sleeves shall be provided to engage the drop rod. Provided locking device and padlock eyes as an integral part of latch. Requiring one padlock for locking both gate leaves. 1. Accessories shall be hot-dipped galvanized in accordance with ASTM A123 or A153. In addition to wire ties and clips, brace bands, tension bands and bars, tension wire and truss rods (all of which are described herein). Accessories shall include the following: a. Caps for all exposed end of posts. City of Rio Rancho Chain Link Fence and Gates 2.0MG Recycled Water Tank at Well 10A

210 2.02 VINYL COATING b Top rail and brace ends or other suitable means of connection. c. Top rail sleeves to allow for expansion and contraction of the top rail. d. Bottom tension wire shall be 7-gauge galvanized steel wire. Fabric shall be attached to tension wire with 11-gauge galvanized steel hog rings spaced no more than 24-in. o.c. e. Barbed wire, conforming to ASTM A121, shall consist of two 12 V2-gauge twisted line wires with 14-gauge round aluminum wire barbs, having 4 points and spaced 5-in. on center. Line wire shall have a PVC coating of at least in thick, with color to match fabric. f. Barbed wire support arms shall be single arm, for three strands of barbed wire and be at an angle of 45-degrees, with the top strand of barbed wire being 12-in. and 12-in. out from the fence line. A. Coating for chain link fabric shall be Class 2a or 2b PVC as defined by ASTM F668. Meet all requirements therein for thickness. Physical properties, testing and other applicable provisions for the coating. B. Posts, rails and appurtenances shall be PVC coated 10- to 14 mils by factory heating adhesive coated steel and melting powdered PVC to surfaces. C. Bolts and nuts shall be cleaned as required and field coated after installation with two coats minimum of an approved liquid PVC patching compound compatible with and of same quality as all other PVC coatings. D. All PVC color shall match as approved. PART 3 EXECUTION 3.01 INSTALLATION A. Set all posts to depth shown on the Drawings. After setting and plumbing posts, fill holes with 2,500 psi concrete. Crown top surface of concrete to shed water. Brace all terminal posts horizontally with sections used for top rail. The top rail shall extend through all line posts to form a continuous brace from end to end of each stretch of fence, be securely fastened at the end of each run and have joints made with expansion sleeve couplings not less than 6-in. long. B. All PVC coated surfaces which are damaged shall be repaired as approved using the PVC patching compound specified above. Remove damaged material back to sound coating. Clean substrate as approved. Touch up with three coats of patching compound in accordance with manufacturer's instructions. END OF SECTION City of Rio Rancho Chain Link Fence and Gates 2.0MG Recycled Water Tank at Well 10A

211 SECTION CONCRETE FORMS AND ACCESSORIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Formwork for cast-in place concrete, with shoring, bracing and anchorage. B. Openings for other work. C. Form accessories. D. Form stripping RELATED SECTIONS A. Section Concrete Reinforcement. B. Section Cast-in-Place Concrete REFERENCES A. ACI Specifications for Structural Concrete for Buildings; American Concrete Institute International; B. ACI Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International; C. ACI Guide to Formwork for Concrete; American Concrete Institute International; DESIGN REQUIREMENTS A. Design, engineer and construct formwork, shoring and bracing to conform to design and code requirements; resultant concrete to conform to required shape, line and dimension SUBMITTALS A. See Section Administrative Requirements for submittal procedures. B. Product Data: Provide data on void form materials and installation requirements QUALITY ASSURANCE A. Perform work of this section in accordance with AC1301 and ACI REGULATORY REQUIREMENTS A. Conform to applicable code for design, fabrication, erection and removal of formwork. PART 2 PRODUCTS 2.01 WOOD FORM MATERIALS City of Rio Rancho Concrete Forms and Accessories 2.0MG Recycled Water Tank at Well 10A

212 A. Form Materials: At the discretion of the Contractor FORMWORK ACCESSORIES A. Form Release Agent: Colorless mineral oil that will not stain concrete. B. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing concrete. C. Waterstops: Preformed mineral colloid strips, 3/8 inch (9 mm) thick, moisture expanding. PART 3 EXECUTION 3.01 EXAMINATION A. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with drawings EARTH FORMS A. Except where indicated, earth forms are not permitted. B. Hand trim sides and bottom of earth forms. Remove loose soil prior to placing concrete ERECTION - FORMWORK A. Erect formwork, shoring and bracing to achieve design requirements, in accordance with requirements of ACI 301. B. Provide bracing to ensure stability of formwork. Shore or strengthen formwork subject to overstressing by construction loads. C. Arrange and assemble formwork to permit dismantling and stripping. Do not damage concrete during stripping. Permit removal of remaining principal shores. D. Align joints and make watertight. Keep form joints to a minimum. E. Obtain approval before framing openings in structural members that are not indicated on drawings. F. Provide fillet strips on external corners of beams, joists, and columns. G. Install void forms in accordance with manufacturer's recommendations. Protect forms from moisture or crushing. H. Coordinate this section with other sections of work that require attachment of components to formwork. I. If formwork is placed after reinforcement, resulting in insufficient concrete cover over reinforcement, request instructions from Engineer before proceeding APPLICATION - FORM RELEASE AGENT A. Apply form release agent on formwork in accordance with manufacturer's recommendations. B. Apply prior to placement of reinforcing steel, anchoring devices, and embedded items. City of Rio Rancho Concrete Forms and Accessories 2.0MG Recycled Water Tank at Well 10A

213 C. Do not apply form release agent where concrete surfaces will receive special finishes or applied coverings that are affected by agent. Soak inside surfaces of untreated forms with clean water. Keep surfaces coated prior to placement of concrete INSERTS, EMBEDDED PARTS, AND OPENINGS A. Provide formed openings where required for items to be embedded in passing through concrete work. B. Locate and set in place items that will be cast directly into concrete. C. Coordinate with work of other sections in forming and placing openings, slots, reglets, recesses, sleeves, bolts, anchors, other inserts, and components of other work. D. Install accessories in accordance with manufacturer's instructions, so they are straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Install waterstops in accordance with manufacturer's instructions, so they are continuous without displacing reinforcement. Heat seal joints so they are watertight. F. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain FORM CLEANING A. Clean forms as erection proceeds, to remove foreign matter within forms. B. Clean formed cavities of debris prior to placing concrete FORMWORK TOLERANCES A. Construct formwork to maintain tolerances required by ACI FORM REMOVAL A. Do not remove forms or bracing until concrete has gained sufficient strength to carry its own weight and imposed loads. B. Loosen forms carefully. Do not wedge pry bars, hammers, or tools against finish concrete surfaces scheduled for exposure to view. C. Store removed forms to prevent damage to form materials or to fresh concrete. Discard damaged forms. END OF SECTION City of Rio Rancho Concrete Forms and Accessories 2.0MG Recycled Water Tank at Well 10A

214 SECTION CONCRETE REINFORCEMENT PART 1 GENERAL 1.1 SECTION INCLUDES A. Reinforcing steel for cast-in-place concrete. B. Supports and accessories for steel reinforcement. 1.2 RELATED SECTIONS A. Section Concrete Forms and Accessories. B. Section Cast-In-Place Concrete. 1.3 REFERENCES A. ACI Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International; B. ACI SP-66 - ACI Detailing Manual; American Concrete Institute International; C. ASTM A 615/A 615M - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement; 2004b. D. CRSI (DA4) - Manual of Standard Practice; Concrete Reinforcing Steel Institute; E. CRSI (P1) - Placing Reinforcing Bars; Concrete Reinforcing Steel Institute; SUBMITTALS A. See Section for submittal procedures. B. Shop Drawings: Comply with requirements of ACI SP-66. Include bar schedules, shapes of bent bars, spacing of bars, and location of splices. C. Manufacturer's Certificate: Certify that reinforcing steel and accessories supplied for this project meet or exceed specified requirements. 1.5 QUALITY ASSURANCE A. Perform work in accordance with referenced ACI Publications, ASTM Standards, AWS Code, and CRSI Publications except as modified by this Section. PART 2 PRODUCTS 2.1 REINFORCEMENT A. Reinforcing Steel: ASTM A 615/A 615M Grade 60 (420). B. Deformed billet-steel bars. City of Rio Rancho Concrete Reinforcement 2.0MG Recycled Water Tank at Well 10A

215 1. Unfinished. C. Reinforcement Accessories: 1. Tie Wire: Annealed, minimum 16 gage. 2. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for adequate support of reinforcement during concrete placement. 3. Provide galvanized components for placement within 1-1/2 inches of weathering surfaces. 2.2 FABRICATION A. Fabricate concrete reinforcing in accordance with CRSI (DA4) - Manual of Standard Practice. B. Welding of reinforcement is not permitted. C. Locate reinforcing splices not indicated on drawings at point of minimum stress. 1. Indicate locations on Shop Drawings. 2. Review locations of splices with Engineer. PART 3 EXECUTION 3.1 PLACEMENT A. Place, support and secure reinforcement against displacement. Do not deviate from required position. B. Accommodate placement of formed openings. C. Maintain concrete cover around reinforcing as specified in ACI 318. D. Where lap splices lengths are not shown on the drawings, provide Class B splice lengths as specified in ACI 318. Stagger adjacent splices one lap length minimum. Submit for approval proposed splices not shown on the drawings. E. Arrange, space, and securely tie bars and bar supports together with tie wire to hold reinforcement accurately in position during concrete placement operations. F. Set wire ties so that twisted ends are directed away from exposed concrete surfaces. G. Do not secure reinforcement to forms with wire, nails, or other ferrous metal. END OF SECTION City of Rio Rancho Concrete Reinforcement 2.0MG Recycled Water Tank at Well 10A

216 SECTION CAST-IN-PLACE CONCRETE PART 1 GENERAL 1.1 SUMMARY A. Concrete formwork. B. Floors and slabs on grade. C. Concrete footings and foundations D. Joint devices associated with concrete work. E. Concrete curing. 1.2 RELATED SECTIONS A. Section Concrete Forms and Accessories: Forms and accessories for formwork. B. Section Concrete Reinforcement. C Section Wire or Strand Wound Prestressed Concrete Tank 1.3 REFERENCES A. ACI Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International; 1991 (Reapproved 2002). B. ACI Specifications for Structural Concrete for Buildings; American Concrete Institute International; C. ACI 302.1R - Guide for Concrete Floor and Slab Construction; American Concrete Institute International; D. ACI 304R - Guide for Measuring, Mixing, Transporting, and Placing Concrete; American Concrete Institute International; E. ACI 305R - Hot Weather Concreting; American Concrete Institute International; F. ACI 306R - Cold Weather Concreting; American Concrete Institute International; G. ACI Standard Practice for Curing Concrete; American Concrete Institute International; H. ACI Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International; I. ASTM C 33 - Standard Specification for Concrete Aggregates; J. ASTM C 39/C 39M - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens; 2004a. K. ASTM C 94/C 94M - Standard Specification for Ready-Mixed Concrete; 2004a. City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

217 L. ASTM C Standard Specification for Sheet Materials for Curing Concrete; M. ASTM C 173/C 173M - Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method; N. ASTM C Standard Specification for Air-Entraining Admixtures for Concrete; ASTM C Standard Specification for Liquid Membrane-Forming Compounds for Curing Concrete; P. ASTM C 494/C 494M - Standard Specification for Chemical Admixtures for Concrete; Q. ASTM C Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete; R. ASTM C 685/C 685M - Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing; S. ASTM C Standard Specification for Latex Agents for Bonding Fresh to Hardened Concrete; T. ASTM D Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types); SUBMITTALS A. See Section for submittal procedures. 13. Product Data: Submit manufacturers' data on manufactured products showing compliance with specified requirements. C. Laboratory Test Reports: Submit test reports for concrete materials, mix design tests, and field testing. 1.5 QUALITY ASSURANCE A. Perform work of this section in accordance with ACI 301 and ACI 318. B. Acquire cement from same source and aggregate from same source for entire project. C. Follow recommendations of ACI 305R when concreting during hot weather. D. Follow recommendations of ACI 306R when concreting during cold weather. E. Notify owner or engineer according to notification procedures before concrete placement to allow owner or owner's representative to perform special inspection as required by Section 1704 of the 2003 International Building Code. PART 2 PRODUCTS 2.1 FORMWORK A. Comply with requirements of Section REINFORCEMENT City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

218 A. Reinforcing Steel: Comply with requirements of Section CONCRETE MATERIALS A. Cement: ASTM C 150, Type I - Normal or Type II - Moderate Portland type. B. Fine and Coarse Aggregates: ASTM C 33. C. Fly Ash: ASTM C 618, Class F. D. Calcined Pozzolan: ASTM C 618, Class N. E. Silica Fume: ACI F. Water: Clean and not detrimental to concrete. 2.4 ADMIXTURES A. Air Entrainment Admixture: ASTM C 260. B. Chemical Admixtures: ASTM C 494/C 494M, Type A - Water Reducing and Type F Water Reducing, High Range. 1. Do not use chemicals that will result in soluble chloride ions in excess of 0.1 percent by weight of cement. 2.5 CONCRETE ACCESSORIES A. Bonding Agent: ASTM C 1059, Type II acrylic non-redispersable type. B. Moisture-Retaining Cover: ASTM C 171; white polyethylene. C. Liquid Curing Compound: ASTM C 309, Type 2, white pigmented. 2.6 JOINT DEVICES AND MATERIALS A. Joint Filler: Nonextruding, resilient asphalt impregnated fiberboard or felt, complying with ASTM D 1751, 1/2 inch and full depth of slab less 1/2 inch. B. Construction Joint Devices: Integral galvanized steel; inch thick, formed to tongue and groove profile, with removable top strip exposing sealant trough, knockout holes spaced at 24 inches, ribbed steel spikes with tongue to fit top screed edge. 2.7 COMPOUNDS - HARDENERS AND SEALERS A. Cure/Sealer: Clear, water-based, acrylic cure, sealer, and dustproofer. 1. Product and Manufacturer: Provide one of the following: a. Dress & Seal WB 30, L & M Construction Chemicals, Inc. or equal. 2.8 CONCRETE MIX DESIGN A. Proportioning Normal Weight Concrete: Comply with ACI recommendations. City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

219 B. Concrete Strength: Establish required average strength for each type of concrete on the basis of field experience or trial mixtures, as specified in AC For trial mixtures method, employ independent testing agency acceptable to Engineer for preparing and reporting proposed mix designs. C. Admixtures: Add acceptable admixtures as recommended in ACI and at rates recommended by manufacturer. D. Normal Weight Concrete: 1. Compressive Strength, when tested in accordance with ASTM C 39/C 39M at 28 days: 4000 psi. 2. Fly Ash Content: percent of cementitious materials by weight. 3. Calcined Pozzolan Content: Maximum 10 percent of cementitious materials by weight. 4. Silica Fume Content: Maximum 5 percent of cementitious materials by weight. 5. Cement Content: Minimum 564 lb per cubic yard. 6. Water-Cementitious Ratio: Maximum 45 percent by weight. Moisture in aggregates must be included in ratio calculation. 7. Total Air Content: 6 percent (+1- one percent), per ASTM C Maximum slump: 4 inches. 9. Maximum Aggregate Size: 1-inch. 2.9 MIXING A. On Project Site: Mix in drum type batch mixer, complying with ASTM C 685. Mix each batch not less than 1-1/2 minutes and not more than 5 minutes. B. Transit Mixers: Comply with ASTM C 94/C 94M. PART 3 EXECUTION 3.1 EXAMINATION A. Verify lines, levels, and dimensions before proceeding with work of this section. 3.2 PREPARATION A. Formwork: Comply with requirements of Section B. Verify that forms are clean and free of rust before applying release agent. C. Coordinate placement of joint devices with erection of concrete formwork and placement of form accessories. D. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

220 3.3 INSTALLING REINFORCEMENT A. Comply with requirements of Section PLACING CONCRETE A. Place concrete in accordance with ACI 304R. B. Place concrete for floor slabs in accordance with ACI L C. Notify Engineer not less than 48 hours prior to commencement of placement operations. D. Ensure reinforcement, inserts, embedded parts, and formed construction joint devices will not be disturbed during concrete placement. E. Separate slabs on grade from vertical surfaces with joint filler. F. Place joint filler in floor slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. G. Extend joint filler from bottom of slab to within 3/8 inch of finished slab surface. H. Install joint devices in accordance with manufacturer's instructions. I. Install construction joint devices in coordination with floor slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet concrete. J. Maintain records of concrete placement. Record date, location, quantity, air temperature, and test samples taken. K. Place concrete continuously between predetermined expansion, control, and construction joints. L. Do not interrupt successive placement; do not permit cold joints to occur. M. Place floor slabs in saw cut pattern indicated. N. Saw cut joints within 18 hours after placing. 0. Screed slabs on grade level, maintaining surface flatness of maximum 3/16 inch in 10 ft. 3.5 CONCRETE FINISHING A. Repair surface defects, including tie holes, immediately after removing formwork. B. Unexposed Form Finish: Rub down or chip off fins or other raised areas 1/4 inch or more in height. C. Exposed Form Finish: Rub down or chip off and smooth fins or other raised areas 114 inch or more in height. D. Concrete Slabs: Finish to requirements of ACI 302.1R. E. In areas with floor drains, maintain floor elevation at walls; pitch surfaces uniformly to drains asindicated on drawings. F. Apply sealer to floor surfaces in accordance with manufacturer's instructions. City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

221 3.6 CURING AND PROTECTION A. Comply with requirements of ACI 308. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Maintain concrete with minimal moisture loss at relatively constant temperature for period necessary for hydration of cement and hardening of concrete. 1. Normal concrete: Not less than 7 days. 2. High early strength concrete: Not less than 4 days. C. Formed Surfaces: Cure by moist curing with forms in place for full curing period. 3.7 FIELD QUALITY CONTROL A. Provide free access to concrete operations at project site and cooperate with appointed firm. B. Coordinate schedule for concrete placement with testing agency. Notify agency 24 hours prior to placement. C. Submit proposed mix design of each class of concrete to testing firm for review prior to commencement of concrete operations. D. Tests of concrete and concrete materials may be performed at any time to ensure conformance with specified requirements. E. Sampling and Test Methods for Compressive Strength; Yield, Weight per Cubic Foot; Air Content; and Slump: Perform in accordance with ASTM C 941 C 94M. 1. Sampling and Test Methods: Perform test of each mix design placed in any one day. For each test, mold and cure 3 concrete test cylinders. Obtain test samples for every 50 cubic yards or less of concrete placed. a. Test one specimen at 7 days and one specimen at 28 days. F. Take one additional test cylinder during cold weather concreting, cured on job site under same conditions as concrete it represents. G. Perform one slump test for each 20 yards. 3.8 DEFECTIVE CONCRETE A. Test Results: The testing agency shall report test results in writing to Engineer and Contractorwithin 24 hours of test. B. Defective Concrete: Concrete not conforming to required lines, details, dimensions, tolerances or specified requirements. C. Repair or replacement of defective concrete will be determined by the Engineer. The cost of additional testing, engineering & analysis shall be borne by Contractor when defective concrete is identified. D. Do not patch, fill, touch-up, repair, or replace exposed concrete except upon express direction of Engineer for each individual area. City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

222 END OF SECTION City of Rio Rancho Cast-In-Place Concrete 2.0MG Recycled Water Tank at Well 10A

223 PART 1 GENERAL 1.01 DESCRIPTION SECTION WIRE OR STRAND WOUND, PRESTRESSSED CONCRETE TANK A. Work Included 1. This section specifies the design and construction of the wire or strand wound, prestressed, concrete circular tank; including all site work, excavation, reinforcing, concrete work, appurtenances, disinfection, testing, and backfill directly related to the tank unless otherwise specified. 2. The Contractor shall furnish all labor, materials, tools, and equipment necessary to construct, disinfect and test the wire or strand wound, prestressed concrete tank and appurtenances as indicated on the drawings, and as specified. B. Description of System The tank shall consist of a cast-in-place reinforced concrete floor, a wire or strand wound prestressed concrete wall and a precast or cast-in-place prestressed clear span concrete dome or a column supported flat slab roof QUALITY ASSURANCE A. Qualifications and Experience 1. Singular Responsibility: It is the intent of this specification to require single party responsibility for the design and construction of the tank. The tank design and construction shall be performed by an established manufacturer of recognized ability, having at least ten (10) years of experience in the design and construction of AWWA D110 Type III wire-wrapped prestressed concrete tanks as specified herein. The design and construction of all aspects of the floor slab, walls, prestressing, shotcrete and the dome roof of the wire-wound circular prestressed tank shall be performed by the tank manufacturer. The tank manufacturer may subcontract labor for reinforcing steel installation and for concrete slab placement under the tank contractor s direct supervision. 2. All tank work shall be performed by a company that specializes in the design and construction of wire or strand wound prestressed concrete tanks using the method of circumferential prestress reinforcing and with proven capability of meeting all the requirements of these specifications. No company is considered qualified unless it has designed and built in its own name at least twenty prestressed concrete tanks conforming to AWWA D110, Type III or Type I in the last ten years. The company shall have designed and built in its own name at least five AWWA D110, Type III or tanks that are located within seismic zone 2B or higher and have been in successful service for at least five years. Experience in the design and construction of Type II and IV tanks in seismic zone 2B or higher is not acceptable. 3. The tank contractor shall have in its employ a design engineer registered in the state the tank is to be constructed with a minimum of ten years experience in the design of AWWA D110 Type III tanks. The design engineer shall have been the engineer of record for a City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

224 minimum of ten AWWA D110 Type III tanks, with at least two of the tanks designed shall have been located in a seismic zone 2B or higher. 4. The tank contractor shall have in its employ for this project a team consisting of a tank superintendent, project manager, shotcrete foreman, wire-winding foreman, and precast erection foreman, each of whom shall have constructed a minimum of five (5) AWWA D110 Type III tanks having a capacity of 2.0 MG or greater. 5. Experience in the design and construction of AWWA D110 Type II or Type IV tanks is not acceptable. 6. The plans and specifications included in the contract documents are typical of an AWWA D110, Type III wire wound, prestressed concrete tank. C. Codes & Standards 1. ACI 301 Specifications for Structural Concrete 2. ACI 305 Hot Weather Concreting 3. ACI 306 Cold Weather Concreting 4. ACI 309R Guide for Consolidation of Concrete 5. ACI 318 Building Code Requirements for Reinforced Concrete and Commentary 6. ACI 350 Code Requirements for Environmental Engineering Concrete Structures and Commentary 7. ACI Seismic Design of Liquid Containing Concrete Structures and Commentary 8. ACI 372R Design and Construction of Circular Wire- and Strand Wrapped Prestressed Concrete Structures 9. ACI 506R Guide to Shotcrete 10. ASTM A185 Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete 11. ASTM A416 Standard Specification for Steel Strand, Uncoated Seven-Wire for Prestressed Concrete 12. ASTM A475 Standard Specification for Zinc-Coated Steel Wire Strand 13. ASTM A615/A615M Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 14. ASTM A821 Standard Specification for Steel Wire, Hard Drawn for Prestressing Concrete Tanks 15. ASTM A1008/A1008M Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, Solution Hardened, and Bake Hardenable City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

225 16. ASTM C31 Standard Practice for Making and Curing Concrete Test Specimens in the Field 17. ASTM C33 Standard Specification for Concrete Aggregates 18. ASTM C39 Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens 19. ASTM C618, Type F Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete 20. ASTM C920 Specification for Elastomeric Joint Sealants 21. ASTM D1056 Standard Specification for Flexible Cellular Materials Sponge or Expanded Rubber 22. ASTM D1556 Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method 23. ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 Ft. lbf/ft 3 ) 2700 KN-M/M 3 ) 24. ASTM D2000 Classification System for Rubber Products in Automotive Applications 25. ASCE Standard 7-05 Minimum Design Loads for Buildings and Other Structures 26. AWWA C652 Standard for Disinfection of Water-Storage Facilities 27. AWWA D Wire and Strand Wound, Circular, Prestressed Concrete Water Tanks, Type III or Type I 28. US Army Corps of Engineers Specification CRD-C-572, Specification for PVC Waterstop C. Design Criteria 1. The prestressed concrete tank shall be designed and constructed in accordance with the provisions of AWWA D110 Standard for Wire or Strand Wound Circular Prestressed- Concrete Water Tanks, Type III or Type I. 2. Horizontal prestressing shall be continuous. Discontinuous prestressing tendons or strands will not be allowed. 3. The Contractor shall use the following loadings and requirements in the design calculation: a. Capacity: 2.0 million gallons. b. Dimensions: 113-ft inside diameter x ft water depth. c. Dead Load: shall be the estimated weight of all permanent imposed loads. Unit weight of concrete 150 pounds per cubic foot; steel 490 pounds per cubic foot. d. Live Load: shall be the weight of all the liquid when the reservoir is filled to overflowing. Unit weight of liquid 62.4 pounds per cubic foot. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

226 e. Total Roof Live Load: ASCE 7-05 f. Backfill Pressure: earth loads shall be determined by rational methods of soil mechanics. Backfill pressure shall not be used to reduce the amount of required prestressing. g. Foundation Loads: the tank foundation shall be proportioned so that soil pressure shall be less than the soil bearing capacity. The allowable soil bearing capacity is as indicated in the site specific geotechnical report. h. Seismic Criteria: i. AWWA D110 Seismic Zone 2B ii. IBC Site Class C i. Wind Loads: shall be as required by ASCE 7-05 j. Vent Capacity Requirements: i. Maximum fill rate = 280 cfm. ii. Maximum draw down rate = 140 cfm. k. Overflow Design Capacity: = 2.0 MGD. 4. The precast, wire-wound prestressed tank wall shall be designed as a composite concrete wall with an embedded mechanically bonded steel diaphragm in combination with vertical mild steel reinforcement. a. The prestressed tank wall shall be considered as a cylindrical shell with partial edge restraint. b. The prestressed tank wall shall be reinforced vertically by deformed steel reinforcing rods. The continuous mechanically bonded steel diaphragm can be taken as effective vertical reinforcing. c. The prestressed tank wall shall be of precast or cast-in-place concrete construction. Shotcrete core walls are not permitted. d. A stress plate shall be required at all above grade locations where prestress wires are displaced 24 inches or greater. The stress plate shall be designed to transfer stress across the opening. e. Minimum precast wall thickness shall be four inches. f. No reduction in ring compression or tension in the wall will be taken due to restraint at the bottom. 5. The floor slab shall be designed as a membrane floor not less than four inches thick and shall be placed monolithically. No construction joints will be allowed unless otherwise approved by the engineer. Minimum ratio of floor reinforcement area to concrete area shall be 0.5 percent for tanks with diameters less than 100 feet, 0.6 percent for tanks with diameters 100 City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

227 to 150 feet, and 0.8 percent for tanks with diameters over 150 feet. Wall footings may be above or below floor grade, but shall be placed monolithically with the floor. 6. The dome roof shall have a rise to span ratio within the range of 1:8 to 1:14. Minimum dome thickness shall be four inches. The dome shall be fixed to the tank wall. Columns or interior supports will not be allowed. Dome design shall be based on elastic spherical shell analysis SUBMITTALS Documentation to satisfy the Qualifications and Experience requirements stated in Section 1.02.A shall be submitted with the Contractor s bid. Bids submitted without requested documentation will be considered unresponsive. The following items shall be submitted with the bid to document tank builder experience: 1. A complete record of experience for tank builder, of tanks they have designed and built in their own name located in Seismic Zone 2B or Higher. The record shall include the contractor s experience in the design and construction of wire or strand wound, prestressed concrete tanks conforming to AWWA D110, Type III. The record shall also indicate the size of the tank, seismic zone, the name and address of the Owner, the year of construction, and the name of the Engineer for each project. 2. Name of the tank designer, currently in tank builder s employ, and his/her experience as the designer of record for AWWA D110 Type III tanks meeting the requirements of Section A.3., including the size of the tank, seismic zone, the name and address of the owner the year of construction and the name of the engineer. 3. Resumes for each member of the project team including the tank superintendent, project manager, shotcrete foreman, wire-winding foreman, and precast erection foreman that will be used for this project, meeting the requirements of Section A Experience in the design and construction of AWWA D110 Type I, Type II, or Type IV tanks is not acceptable. A. Design Submittal after Execution of Contract 1. Design calculations and shop drawings in quadruplicate, showing details and procedures of construction, shall be submitted to the Engineer for approval after execution of the Contract. After approval by the Engineer, one set of the drawings and calculations will be returned to the Contractor, and any changes found necessary by the Engineer shall be made by the Contractor. 2. Approval by the Engineer of the drawings and calculations submitted by the Contractor will not in any way relieve the Contractor of full responsibility for the accuracy and completeness of the drawings and calculations. 3. Design calculations and shop drawings shall be stamped by a Professional Engineer experienced in the design of AWWA D110, Type III wire or strand wound, prestressed concrete tanks and registered in the state of New Mexico. B. Construction Submittals for Review Prior to Use 1. Design proportions for all concrete and shotcrete. Concrete strengths of trial mixes. 2. Admixtures to be used in the concrete or shotcrete and their purpose. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

228 3. Reinforcing steel shop drawings showing fabrication and placement. 4. Catalog cuts or shop drawings of all appurtenances, i.e. hatch, vent, ladders, waterstops GUARANTEE The Contractor shall guarantee the structure against defective materials or workmanship for a period of one year from the date of completion. If any materials or workmanship prove to be defective within one year, they shall be replaced or repaired by the Contractor at the Contractor s expense. PART 2 MATERIAL 2.01 CONCRETE A. Concrete shall conform to ACI 301. B. Cement shall be Portland cement Type I or Type II. C. Admixtures, other than air-entraining and water reducing admixtures, will not be permitted unless approved by the Engineer. D. Concrete for tank wall and dome construction shall have a minimum compressive strength of 4,000 psi at 28 days. All precast wall and dome concrete shall be airentrained. E. Concrete for the tank floor, footings, pipe encasement, and all other work shall have a minimum compressive strength of 3,500 psi at 28 days and shall not be air-entrained. The coarse and fine aggregate shall meet the requirements of ASTM C33. Coarse aggregate shall be No. 467 with 100 percent passing the 1½ inch sieve. Superplasticizer and water-reducing admixtures shall be incorporated into the floor concrete. Fibers shall be Microfiber by Grace, Fibermesh 150 by Propex, or equal. Fiber lengths shall be a maximum of ¾ inches. The amount of polypropylene fibers added to the concrete mix shall conform to the manufacturer s recommendations. F. Proportioning for concrete shall be in accordance with ACI 301. G. Concrete in contact with prestressing steel shall have a maximum water soluble chloride ion concentration of 0.06 percent by weight of cement SHOTCRETE A. Shotcrete shall conform to ACI Standard 506, except as modified herein. B. The wet mix process shall be employed for shotcreting. C. Shotcrete used for covering prestressed wire shall consist of not more than three parts sand to one part Portland cement by weight. Additional coats of shotcrete shall consist of not more than four parts sand to one part Portland cement by weight. Polypropylene fibers shall be included in the shotcrete used for the finish covercoat. Fibers shall be Fibercast 500 by Propex, or equal. Fiber length shall be ¼. The amount of the fibers added to the shotcrete used for the finish covercoat shall conform to the manufacturer s recommendations. Fly ash may be incorporated into the finish covercoat. Fly ash shall City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

229 conform to ASTM C618, Type F. Shotcrete shall have a minimum strength of 4,500 psi at 28 days. D. Shotcrete in contact with prestressing steel shall have a maximum water soluble chloride ion concentration of 0.06 percent by weight of cement MORTAR FILL AND NON-SHRINK GROUT Mortar fill and non-shrink grout shall have a minimum compressive strength of 4,000 psi at 28 days REINFORCING STEEL A. Reinforcing steel shall be new billet steel Grade 60, as shown on the Drawings, meeting the requirements of ASTM A615. Welded wire fabric shall conform to ASTM A185. B. Reinforcing steel shall be accurately fabricated and shall be free from loose rust, scale, and contaminants, which reduce bond. C. Reinforcing steel shall be accurately positioned on supports, spacers, hangers, or other reinforcements and shall be secured in place with wire ties or suitable clips. Rebar chair supports may be either steel or plastic. D. When required by design, the tank designer shall use base restraint cables to resist earthquake loads. Seismic base restraint cables shall be hot-dipped galvanized sevenwire strand and shall be manufactured in accordance with ASTM A416 prior to galvanizing, and ASTM A475 after galvanizing STEEL DIAPHRAGM A. The steel diaphragm shall conform to ASTM A1008 and shall be a minimum thickness of inches. It shall be vertically ribbed with reentrant angles. The back of the channels shall be wider than the front, providing a mechanical keyway anchorage with the concrete and shotcrete encasement. B. The steel diaphragm shall extend to within one inch of the full height of the wall panel with no horizontal joints. Vertical joints within a wall panel shall be roll seamed or otherwise fastened in a fashion that results in a firm mechanical lock. Joints between wall panels that are not roll seamed shall be edge sealed with polysulfide or polyurethane sealant. C. No punctures will be permitted in the diaphragm except those required for pipe sleeves, temporary construction openings, or special appurtenances. The Engineer shall approve details of the openings. All openings shall be completely edge sealed with polysulfide or polyurethane sealant. D. Diaphragm steel may be considered as contributing to the vertical reinforcement of the wall PRESTRESSING STEEL A. Steel for prestressing shall be cold drawn, high carbon wire meeting the requirements of ASTM A821, having a minimum ultimate tensile strength of 210,000 psi. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

230 B. Splices for horizontal prestressed reinforcement shall be ferrous material compatible with the reinforcement and shall develop the full strength of the wire. Wire splice and anchorage accessories shall not nick or otherwise damage the prestressing ELASTOMERIC MATERIALS A. Nine inch minimum waterstop with centerbulb shall be polyvinyl chloride meeting the requirements of the Corps of Engineers Specification CRD-C 572. Splices shall be made in accordance with the manufacturer s recommendations subject to the approval of the Engineer. Waterstop shall be manufactured by Greenstreak Plastic Products Company, Inc., or equal. B. Bearing pads shall be natural rubber or neoprene. 1. Natural rubber bearing pads shall contain only virgin natural polyisoprene as the raw polymer and the physical properties shall comply with ASTM D2000 Line Call-Out M 4 AA 414 A Neoprene bearing pads shall have a hardness of 40 to 50 durometer, a minimum tensile strength of 1,500 psi, a minimum elongation of 500 percent, and a maximum compressive set of 50 percent. Pads shall meet the requirements of ASTM D2000 Line Call-Out M 2 BC 410 A1 4 B14 for 40 durometer material. C. Sponge filler shall be closed-cell neoprene or rubber conforming to ASTM D1056, Type 2, Class A, and Grade 1. Compression deflection limited to 25 percent at two to five psi. D. Polysulfide or polyurethane sealant will be a two or three component elastomeric compound meeting the requirements of ASTM C920. Sealants must have permanent characteristics of bond to metal surfaces, flexibility, and resistance to extrusion due to hydrostatic pressure. Air cured sealants shall not be used DECORATIVE COATING A. Decorative coating shall be applied to the exterior dome surface using one coat of a cementitious based damp-proofing product such as Tamoseal or equal, and one coat of a non-cementitious, high build, 100 percent acrylic resin polymer such as Tammscoat Smooth textured protective coating or equal. A decorative coating shall be applied to the exterior wall surfaces using two coats of a non-cementitious, high build, 100 percent acrylic resin polymer such as Tammscoat Smooth textured protective coating or equal APPURTENANCES A. The Contractor shall provide and install all appurtenances as shown on the drawings. Appurtenances shall include the following: 1. Inlet-Outlet Piping. 2. Overflow Piping and Weir. 3. Roof Hatch: A 42 minimum square aluminum hatch with lockable, hinged cover and curb frame. The hatch shall have a lift handle, padlock tab, padlock and a cover hold open mechanism. All hardware shall be aluminum or stainless steel. Locate hatch as shown on drawings. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

231 4. Roof Ventilator: Omega Vent or approved equal. 5. Interior Ladder: An aluminum ladder shall extend from the floor to the hatch. The ladder shall have a fall prevention device attached consisting of a sliding, locking mechanism and safety belt and complying with applicable OSHA standards. Location as shown on the drawings. 6. Exterior Stairway: Aluminum exterior stairway as shown in the contract drawings. 7. Access Manway: A circular 31 inch diameter Type 304 stainless steel wall manway with a hinged cover. A Type 304 stainless steel grab bar and an aluminum ladder shall be installed at the manway location. Locate access manway as shown on drawings. 8. Dome handrails: Aluminum handrails as shown on the contract documents. 9. Dome Sleeves: (2) SS dome sleeves as shown on the contract drawings. Modification shall be made to the lower dome sleeve to allow level sensor cable to exit the tank. 10. Floor Sump: A minimum of one 2-0 square x 6 deep sump shall be provided in the tank floor. The sump may be at a drain pipe, outlet pipe or separate from the floor piping. Location of the sump as shown on the drawings. 11. Level sensor: Provide level sensor with associated cable(s) perforated piping and appurtenances as shown in the plans. PART 3 CONSTRUCTION 3.01 CLEARING, GRUBBING, AND STRIPPING A. All trees, shrubs, brush, stumps, roots, and other unsuitable material shall be removed to a minimum distance of twelve feet outside the edge of the tank foundation, plus additional areas necessary for the tank construction. The limits of clearing shall be as shown on the drawings and/or as approved by the Engineer. B. No burning will be allowed unless approved by the Engineer and local authorities. All trees and vegetation shall be disposed of offsite, unless approved otherwise by the Engineer. C. All topsoil shall be stripped from the proposed construction work area and stockpiled on site EXCAVATION AND BACKFILL A. The Contractor shall excavate to such depths and widths to provide adequate room for tank construction. A minimum working area of ten feet beyond the circumference of the tank foundation at an elevation six inches below the top of the tank foundation shall be provided. Excavated material may be used as suitable backfill material and stockpiled on site as required. B. The excavation shall be dewatered, as required, during construction. The dewatering method used shall prevent disturbance of the tank foundation soils. Dewatering shall be considered incidental to the construction of the tank and no separate measurement or payment will be made. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

232 C. In the event the subgrade material is disturbed or over excavated by the Contractor during excavation, it shall be removed and replaced with compacted select fill, at the Contractor s expense. D. If, in the opinion of the Engineer, the subgrade is unsuitable for the foundation, the Engineer shall direct that it be removed by the Contractor and replaced with compacted select fill. Removal and replacement due to unsuitable soils will be considered an amendment to the contract. E. After excavation is complete, the bottom of the excavation shall be proof rolled and leveled, if directed by the Engineer, before the compacted select fill is placed. The Engineer shall inspect the subgrade for conformance with the original geotechnical report and its suitability for the tank foundation. Before any select fill is to be placed against rock surfaces, the rock shall be relatively free of all vegetation, dirt, clay, boulders, scale, excessively cracked rock, loose fragments, ice, snow, and other objectionable substances. All free water left on the surface of the rock shall be removed. F. A leveling base material consisting of a minimum six inch thick layer of compacted select fill shall be placed beneath the entire tank foundation. A non-woven geotextile fabric such as Mirafi 1100N, Propex 4545, or equal, shall be placed between the subgrade and leveling base material as shown on the drawings or directed by the tank builder. Select fill shall consist of a clean, well graded angular or subangular material having not more than 8 percent by weight passing the No. 200 sieve. The maximum size stone shall be 1½ inch. Select fill shall be placed in layers not exceeding twelve inches and compacted to a minimum density equal to 95 percent of the maximum laboratory density in accordance with ASTM D1557. Field testing for density achieved shall be in accordance with ASTM D1556 or D2922. If directed by the tank builder, a uniformly graded ¾ inch minus crushed stone shall be used as the leveling base material. The crushed stone shall be ¾ inch sieve size with 100 percent passing the one inch. If uniformly graded crushed stone is used for the leveling base material, compaction performance criteria shall be used to gauge the degree of compaction. Crushed stone shall be placed in layers not exceeding 9 inches and compacted with at least two passes in each direction with vibratory roller compaction equipment. Compaction shall be inspected and verification of compaction effort shall be documented by an approved testing laboratory. G. The surface elevation of the leveling base shall be fine graded to a tolerance of plus zero inches to minus ½ inch over the entire foundation areas. Fine grading tolerances for floor pipe encasements shall be plus zero inches to minus six inches. H. The tank shall be backfilled and rough graded to the contours shown on the drawings. Unless other material is specified by the Engineer, materials used for backfilling shall be suitable on site material. I. Frozen material shall not be used for backfill nor shall fill material be placed on snow, ice, or frozen material. Rock or concrete spoils (greater than six inches) shall not be used in backfill within two feet of the tank wall. J. Crushed stone material shall consist of clean, hard, durable, crushed particles or fragments of stone or ledge rock of uniform quality reasonably free of thin or elongated pieces. The materials shall be free from ice, snow, rubbish, sods, roots, and other City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

233 deleterious or organic materials and shall conform to the following gradation requirements meeting ASTM C 33 stone size No. 67. PERCENT PASSING SIEVE SIZE BY WEIGHT 1 inch 100% 3/4 inch 90% - 100% 3/8 inch 20% - 55% No. 4 0% - 10% No. 8 0% - 5% K. Compacted granular fill should consist of sandy gravel or gravelly sand free of ice, snow, rubbish, sods, roots and other deleterious or organic materials and should be well graded within the following limits. PERCENT FINER SIEVE SIZE BY WEIGHT 1.5 inch 100% No. 4 30% - 90% No % - 50% No % - 8% 3.03 FLOOR A. The floor and wall footings shall be constructed to the dimensions shown on the Approved Shop Drawings. B. Prior to placement of the floor reinforcing, a six mil polyethylene moisture barrier shall be placed over the leveling base material. Joints in the polyethylene shall be overlapped a minimum of six inches. C. Prior to placement of the floor concrete, all piping that penetrates the floor shall be set and encased in concrete. D. The vertical waterstop shall be placed and supported so that the bottom of the center bulb is at the elevation of the top of the footing. The waterstop shall be supported without puncturing any portion of the waterstop unless it is manufactured with holes for tying. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

234 The waterstop shall be spliced using a thermostatically controlled sealing iron and each splice shall be successfully spark tested prior to encasement in concrete. E. The floor shall have a minimum thickness of four inches and be poured monolithically. There shall be no construction joints in the floor or between the floor and footing. Floors over 30,000 sq. ft. in surface area may, at the option of the Contractor, have one or more construction joints. Such construction joints shall be approved by the Engineer prior to placement. F. The floor shall be cured by applying one coat of curing compound and/or flooding with water, and shall remain saturated for a minimum of seven days PRECAST PANEL CONSTRUCTION AND ERECTION A. The precast wall shall be constructed with a continuous waterproof steel diaphragm embedded in the exterior of the precast panel. Horizontal joints in the diaphragm will not be allowed. B. No holes for form ties, nails, or other punctures will be permitted in the wall. C. Temporary wall openings may be provided for access and removal of construction materials from the tank interior subject to the approval of the Engineer. D. Wall and dome panel beds shall be located around the periphery of the tank as required. The beds shall be constructed to provide finished panels with the proper curvature of the tank. E. Polyethylene sheeting shall be placed between successive pours to provide a high moisture environment and a long slow cure for the concrete. F. The erecting crane and lifting equipment shall be capable of lifting and placing the precast panels to their proper location without causing damage to the panel. G. The precast panels shall be erected to the correct vertical and circumferential alignment. The edges of adjoining panels shall not vary inwardly or outwardly by more than 3/8 inch and shall be placed to the tank radius within + 3/8 inch. H. Joints between precast wall panels shall be bridged with a 10 gauge steel plate edge sealed with polysulfide or polyurethane and filled with mortar as shown on the drawings. No through-wall ties will be permitted. I. Minimum dome and wall panel thickness shall be four inches CONCRETE A. All concrete shall be conveyed, placed, finished, and cured as required by pertinent ACI standards. B. Weather Limitations 1. Unless specifically authorized in writing by the Engineer, concrete shall not be placed without special protection during cold weather when the ambient temperature is below 35 degrees Fahrenheit and when the concrete is likely to be subjected to freezing temperatures before initial set has occurred and the concrete City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

235 strength has reached 500 psi. Concrete shall be protected in accordance with ACI 306. The temperature of the concrete shall be maintained in accordance with the requirements of ACI 301 and ACI 306. All methods and equipment for heating and for protecting concrete in place shall be subject to the approval of the Engineer. 2. During hot weather, concreting shall be in accordance with the requirements of ACI Placement of concrete during periods of low humidity (below 50 percent) shall be avoided when feasible and economically possible, particularly when large surface areas are to be finished. In any event, surfaces exposed to drying wind shall be covered with polyethylene sheets immediately after finishing, or flooded with water, or shall be water cured continuously from the time the concrete has taken initial set. Curing compounds may be used in conjunction with water curing, provided they are compatible with coatings that may later be applied, or they are degradable. C. Finishes The tank shall be given the following finishes: D. Curing 1. The floor slab shall receive a bull float finish or Fresno finish. 2. The interior of precast wall panels shall receive a light broom finish. 3. The exterior of precast dome panels, dome slots, and cast-in-place domes shall receive a light broom finish. 4. Exterior shotcrete shall receive a nozzle finish. Concrete shall be cured using water methods, sealing materials, or curing compounds. Curing compounds shall not be used on surfaces to which decorative coatings, mortar, or shotcrete is to be applied. Curing compounds used within the tank shall be suitable for use with potable water. E. Testing 1. For concrete placed in precast panels or wall slots, a set of three cylinders shall be made for each truck load of concrete placed. For concrete placed in the floor, dome ring, or dome slots, two sets of three cylinders for the first 50 cubic yards, and one set of three cylinders for every 100 cubic yards thereafter placed in the same day. One cylinder shall be tested at seven days, one at 28 days, and one held as a spare. 2. Slump, air content and temperature testing shall be performed on each truck where cylinders are taken. 3. All concrete testing shall be in accordance with ASTM C31 and C39, at the expense of the contractor, and shall be conducted by an independent testing agency approved by the Engineer. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

236 3.06 SHOTCRETING A. Weather Limitations 1. Shotcrete shall not be placed in freezing weather without provisions for protection against freezing. Shotcrete placement can start without special protection when the temperature is 35 degrees Fahrenheit and rising, and must be suspended when the temperature is 40 degrees Fahrenheit and falling. The surface to which the shotcrete is applied must be free from frost. Cold weather shotcreting shall be in accordance with ACI 301 and ACI Hot weather shotcreting shall be in accordance with the requirements of ACI 301 and ACI 305. B. Coating of Steel Diaphragm 1. The steel diaphragm shall be covered with a layer of shotcrete at least ½ inch thick prior to prestressing. 2. Total minimum coating over the steel diaphragm shall be 1½ inches including diaphragm cover, wire cover, and finish covercoat. C. Coating Over Prestressing Wire 1. Each prestress wire shall be individually encased in shotcrete. Wire coat thickness shall be sufficient to provide a clear cover over the wire of at least ¼ inch. 2. Finish covercoat shotcrete shall be applied as soon as practical after the last application of wire coat. The total thickness of shotcrete shall not be less than one inch over the wire. D. Placement of Shotcrete E. Curing 1. Shotcrete shall be applied with the nozzle held at a small upward angle not exceeding five degrees and constantly moving during application in a smooth motion with the nozzle pointing in a radial direction toward the center of the tank. The nozzle distance from the prestressing shall be such that shotcrete does not build up or cover the front face of the wire until the spaces behind and between the prestressing elements are filled. 2. Total covercoat thickness shall be controlled by shooting guide wires. Vertical wires shall be installed under tension and spaced no more than two feet apart to establish uniform and correct coating thickness. Monofilament line (100 lb. test) or 18 or 20 gauge high tensile strength steel wire shall be used. Guide wires shall be removed after placement of the covercoat. Shotcrete shall be cured using water curing methods or sealing materials at the option of the Contractor. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

237 F. Testing 3.07 PRESTRESSING 1. Testing of shotcrete shall be in accordance with ACI 506, except as specified herein. One test panel shall be made for each of the following operations: corewall, cove, wire cover, and covercoat. Test panels shall be made from the shotcrete as it is being placed, and shall, as nearly as possible, represent the material being applied. The method of making a test sample shall be as follows: A frame of wire fabric (one foot square, three inches in depth) shall be secured to a plywood panel and hung or placed in the location where shotcrete is being placed. This form shall be filled in layers simultaneously with the nearby application. After 24 hours, the fabric and plywood backup shall be removed and the sample slab placed in a safe location at the site. 2. The sample slab shall be moist cured in a manner identical with the regular surface application. The sample slab shall be sent to the testing laboratory. Nine three inch cubes shall be cut from the sample slab and subjected to compression tests in accordance with current ASTM Standards. Three cubes shall be tested at the age of 7 days, three shall be tested at the age of 28 days, and three shall be retained as spares. Testing shall be by an independent testing laboratory, approved by the Engineer and at the Contractor s expense. A. Prestressing wire will be placed on the wall with a wire winding machine capable of consistently producing a stress in the wire within a range of minus seven percent to plus seven percent of the stress required by the design. No circumferential movement of the wire along the tank wall will be permitted during or after stressing the wire. Stressing may be accomplished by drawing the wire through a die or by another process that results in uninterrupted elongation, thus assuring uniform stress throughout its length and over the periphery of the tank. B. Each coil of prestressing wire shall be temporarily anchored at sufficient intervals to minimize the loss of prestress in case a wire breaks during wrapping. C. Minimum clear space between prestressing wires is 5/16 inch or 1.5 wire diameters, whichever is greater. Any wires not meeting the spacing requirements shall be respaced. Prestressing shall be placed no closer than two inches from the top of the wall, edges of openings, or inserts, nor closer than three inches from the base of walls or floors where radial movement may occur. D. The band of prestressing normally required over the height of an opening shall be displaced into circumferential bands immediately above and below the opening to maintain the required prestressing force. Bundling of wires shall be prohibited. E. A stress plate shall be used at all permanent wall penetrations above grade that results in displacement of wire equal to or greater than 24 inches in height. The stress plate shall accommodate a portion of the prestressing wires normally required for the height of the opening. The remaining prestress wires normally required shall be displaced into circumferential bands immediately above and below the penetration. The effect of banded prestressing shall be taken into account in the design. F. Ends of individual coils shall be joined by suitable steel splicing devices capable of developing the full strength of the wire. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

238 G. The Contractor shall furnish a calibrated stress recording device, which can be recalibrated, to be used in determining wire stress levels on the wall during and after the prestressing process. At least one stress reading per vertical foot or one stress reading for every roll of wire, whichever is greater, shall be taken immediately after the wire has been applied on the wall. Readings shall be recorded and shall refer to the applicable height and layer of wire for which the stress is being taken. The Contractor shall keep a written record of stress readings. All stress readings shall be made on straight lengths of wire. If applied stresses fall below the design stress in the steel, additional wire will be provided to bring the force on the corewall up to the required design force. If the stress in the steel is more than seven percent over the required design stress, the wrapping operation should be discontinued, and satisfactory adjustment made to the stressing equipment before proceeding DECORATIVE COATINGS A. All exposed exterior dome surfaces shall be given a two-coat finish consisting of one coat of damp-proofing product such as Tamoseal with AKKRO-7T or equal, and one coat of Tammscoat Smooth or equal. All exterior exposed wall surfaces shall be given a twocoat finish of a non-cementitious 100 percent acrylic such as Tammscoat Smooth or equal. Work shall be performed by workmen skilled in the application of these types of products. The manufacturer s application instructions shall be submitted to the Engineer for approval. The Contractor shall confer with the manufacturer s representatives regarding application techniques and shall follow the manufacturer s instructions implicitly. B. The concrete surface to be coated must be clean, free of all laitance, dirt, grease, or other foreign materials. All defective surfaces shall be filled and/or repaired. Application shall be in full accordance with the manufacturer s instructions or as amended by the Engineer. C. The Owner shall select the color DISINFECTION A. The Contractor shall, at the completion of tank construction, thoroughly clean the interior of the tank. B. The contractor shall notify the Engineer prior to disinfecting the tank. Disinfection shall meet with the approval of the Engineer, AWWA C652, and the appropriate state agency. C. The tank floor and interior of the wall shall be disinfected by using a solution of chlorine and water per Method 3 of AWWA C652. D. Prior to placing the tank in service, a bacteriological test shall be taken, and successful results received. Testing shall be by an independent testing laboratory at the expense of the owner. City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

239 3.10 WATERTIGHTNESS TEST A. Upon completion, the tank shall be tested to determine watertightness. The tank shall be filled with potable water to the maximum level. Water will be furnished to the tank by the owner. The test shall consist of measuring the liquid level over the next five (5) days to determine if any change has occurred. If at the end of five days the average daily change has not exceeded the maximum allowance, the test shall be considered satisfactory. B. The liquid volume loss for a period of five days shall be zero measurable loss. If the liquid volume loss exceeds this amount, it shall be considered excessive, and the tank shall be repaired and retested. C. Damp spots will not be permitted at any location on the tank wall. Damp spots are defined as spots where moisture can be picked up on a dry hand. All such areas shall be repaired as necessary. D. Damp spots or standing water on the footing may occur upon tank filling and are permissible within the allowable volume loss. Measurable flow in this area is not permissible and must be corrected CLEAN-UP The premises shall be kept clean and orderly at all times during the work. Upon completion of construction, the contractor shall remove or otherwise dispose of all rubbish and other materials caused by the construction operation. The Contractor shall leave the premises in as good a condition as it was found. END OF SECTION City of Rio Rancho Wire or Strand Wound, 2.0MG Recycled Water Tank at Well 10A Prestressed Concrete Tank

240 SECTION ELECTRICAL PART 1 - GENERAL 1.1 SCOPE A. This section includes requirements for all electrical work. 1.2 SUBMITTALS A. Product Data: Illustrate and indicate style, material, strength, fastening provision, and finish for each type and size of electrical support component used B. Shop Drawings: 1. Descriptive information that states conformance to building codes and recognized testing and manufacturing standards. 2. Manufacturer's name and catalog data listing type, model No., catalog No., materials, styles, and finish. C. Field Test Reports: Indicate and interpret test results for compliance with performance requirements. D. Review submittals for equipment furnished under other sections prior to installation and electrical rough-in. Verify location, size, and type of connections. Coordinate details of equipment connections with supplier and installer. E. Contractor shall note any deviations from the requirements of the contract plans and specifications. 1.3 QUALITY ASSURANCE A. Electrical components, devices, and accessories shall be listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction such as Underwriters Laboratories, Inc. (UL), and marked for the intended use. B. Perform the work in accordance with the current edition of the National Electrical Code (NEC) and the National Electrical Safety Code (NESC). C. Perform the work in accordance with local ordinances, building codes, and statutes. D. Work shown and specified in these Contract Documents establishes the minimum standard of construction. Comply with any additional requirements of the building codes or local requirements. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

241 1.4 COORDINATION A. Coordinate chases, slots, inserts, sleeves, and openings with general construction work and arrange in building structure during progress of construction to facilitate the electrical installations that follow: 1. Set inserts and sleeves in poured-in-place concrete, masonry work, and other structural components as they are constructed. B. Coordinate installing electrical materials and equipment for efficient flow of the work. Coordinate installing large equipment requiring positioning before closing in the building. C. Coordinate layout and installation of raceways, boxes, enclosures, cabinets, and suspension system with other construction that penetrate ceilings or is supported by them, including luminaires, HVAC equipment, fire-protection systems, and partition assemblies. D. Coordinate location of access panels and doors for electrical items that are concealed by finished surfaces. Comply with the requirements of the NEC. E. Where electrical identification devices are applied to field-finished surfaces, coordinate installation of identification devices with completion of finished surface. 1.5 EXISTING FACILITIES AND EQUIPMENT A. Existing water operations and process equipment shall not be disturbed. B. The existing SCADA system will utilize the new devices in this project. SCADA system programming changes to incorporate the new devices is not included in the scope of this project. PART 2 - PRODUCTS 2.1 SUPPORTING DEVICES A. Continuous Slot Channel (Strut) Steel Support Systems: Comply with Metal Framing Manufacturers Association Standard MFMA-3, factory-fabricated components for field assembly. 1. Finishes: a. Hot-dip galvanized: Hot-dip galvanized after fabrication and applied according to MFMA-3. b. Electro-galvanized: Electroplated coating of zinc after fabrication and applied according to MFMA-3. c. Pre-galvanized: Hot dip galvanized prior to fabrication applied according to MFMA-3. d. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-3. e. Epoxy Coatings: Strut and fittings shall be painted with water born epoxy according to MFMA-3. f. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA Fittings and Accessories: Products of channel and angle manufacturer and designed for use with those items. 3. Fitting and Accessory Materials: Same as channels and angles, except metal items may be stainless steel. 4. Channel Dimensions: Selected for structural loading. 5. Rated Strength: Selected to suit structural loading. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

242 B. End caps. Provide end caps on all support channels. End caps shall be gray, PVC plastic, manufactured for the specific size of channel furnished. C. Structural Steel for Fabricated Supports and Restraints: ASTM A36/A36M, steel plates, shapes, and bars; black and galvanized. D. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following requirements. 1. Powder-Actuated Fasteners: Threaded-steel stud, for use in hardened Portland cement concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. 2. Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated or stainless steel as required in Part 3 of this specification, for use in hardened Portland cement concrete with tension, shear, and pullout capacities appropriate for supported loads and building materials in which used. 3. Through Bolts: Structural type, hex head, high strength. Comply with ASTM A Toggle Bolts: All-steel springhead type. 5. Hanger Rods: Threaded steel. 2.2 GROUNDING AND BONDING CONDUCTORS A. Conductors 1. For insulated conductors, comply with Division 16 Section "Conductors and Cables." 2. Material: Copper. 3. Equipment Grounding Conductors: Insulated with green-colored insulation. 4. Grounding Electrode Conductors: Stranded cable. 5. Underground Conductors: Bare stranded soft drawn copper. 6. Bare Copper Conductors: Comply with the following: a. For Solid Conductors: ASTM B 3. b. For Assembly of Stranded Conductors: ASTM B Ground Conductor and Conductor Protector for Wood Poles: a. No. 4 AWG minimum, soft-drawn copper conductor. b. Conductor protector: Wood, use pressure-treated fir, or cypress or cedar. 8. Grounding Bus: Bare, annealed copper bars of rectangular cross section, with insulators. 9. Protect exposed ground conductors in exterior locations to a height of 3'-0" minimum above grade with Schedule 40 PVC conduit or wood molding designed for the purpose. B. Grounding Connector Products 1. Comply with IEEE 837 and UL 467; listed for use for specific types, sizes, and combinations of conductors and connected items. 2. The following type of connectors may be used: a. Bolted pressure-type. b. Compression-type connectors, terminals and lugs shall be tin plated copper. c. Exothermic-welded type, in kit form, and selected per manufacturers written instructions. C. Grounding Rods 1. Ground Rods: Sectional type; copper-clad steel unless otherwise noted. a. Size: 3/4-inch diameter by 10-feet (19 by 3000 mm). 2.3 DISCONNECT SWITCHES A. Fusible and Non-Fusible Disconnect Switches, 1200 amp and smaller: Provide heavy duty Type HD conforming to NEMA KS-1 and Federal Specification W-S-865C, 600-Volts, horsepower 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

243 rated for motors as required. Provide number of poles and ampacity as noted or required by code. Switches shall be fused where indicated, or where required by UL labeling or listing of equipment served. Handle shall have provisions for padlocking in the off position and the door shall have provisions for padlocking closed. B. All disconnect switches in publicly accessible spaces shall have provisions for padlocking in the ON position or if indicated on the plans. C. Switch blades shall be visible when the switch is in the OFF position and the door is open. D. Provide factory installed neutral assembly for switches installed on circuits with a neutral. E. Provide factory installed ground lug kits. F. Disconnect switches shall have door interlock mechanisms with a tool-operated spring-loaded defeat feature that prevent the door from opening when the handle is in the ON position. Defeat mechanisms shall be accessible. G. Fusible switches 30-amp through 600-amperes shall be furnished with rejection type Class R fuse clips. Fusible switches 601-amp through 1200-amperes shall be furnished with Class L fuse clips unless otherwise indicated. H. The following factory modifications are to be included: 1. Factory installed auxiliary contacts 2. Double line and load lugs for parallel feeders 2.4 RACEWAY SYSTEMS A. Metal Conduit And Tubing 1. Rigid Metal Conduit - Steel (GRC): ANSI C Electrical Metallic Tubing (EMT) and Fittings: ANSI C80.3. a. Fittings: Compression type only. Hydraulically crimped or set screw connections are not acceptable. b. Maximum size: 3 trade. 3. Intermediate Conduit (IMC) and fittings are not acceptable. 4. Flexible Metal Conduit (Flex): Zinc-coated steel. 5. Liquid-tight Flexible Metal Conduit (LT): Flexible steel conduit with oil-proof PVC jacket. B. Nonmetallic Conduit And Tubing 1. Rigid Non-metallic Conduit (PVC): NEMA TC2, Schedule 40 and Schedule 80 PVC. 2. PVCC Fittings: NEMA TC 3; match to conduit type and material. 3. Electrical Nonmetallic Tubing (ENT) is not acceptable. C. Metal Wireway 1. Material and Construction: Sheet metal sized and shaped as indicated. Indoor enclosures shall be rated NEMA 1 and outdoor or wet location enclosures shall be rated NEMA 3R unless otherwise indicated. 2. Fittings and Accessories: Include couplings, offsets, elbows, hangers, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wire-ways as required for complete system. 3. Select features, unless otherwise indicated, as required to complete wiring system and to comply with NFPA Wire-way Covers: Screw-cover type. 5. Finish: Manufacturer's standard finish. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

244 D. Factory Finishes 1. Finish: Provide manufacturer's standard paint applied to factory-assembled surface raceways before shipping. 2.5 BOXES AND ENCLOSURES A. Enclosure ratings: NEMA Sheet Metal Outlet and Device Boxes: NEMA OS Cast-Metal Outlet and Device Boxes: NEMA FB 1, Type FD, with cover gaskets. 3. Nonmetallic Outlet and Device Boxes: Shall not be used. 4. Junction and Pull Boxes: a. Boxes less than 100 cubic inches: NEMA OS 1. b. Boxes larger than 100 cubic inches: UL 50. c. Screw covers shall be used unless otherwise indicated on drawings. 5. Outdoors, damp: a. Boxes and Enclosures: NEMA 3R/12 unless otherwise indicated. 6. Outdoors, wet: a. Boxes and Enclosures: NEMA 3R/12 unless otherwise indicated. 7. Indoors, dry: a. Boxes and Enclosures: Type 1 or 12 unless otherwise indicated. 8. Indoors, damp: a. Boxes and Enclosures: Type 12 unless otherwise indicated. 9. Indoors, wet: a. Boxes and Enclosures: Type 4 unless otherwise indicated. 10. Corrosive Locations: a. Boxes and Enclosures: NEMA 4X, Non-Metallic, or stainless steel. 11. Hazardous Locations: a. Boxes and enclosures shall be rated NEMA 7 or 9 as required by the hazard and dual rated for NEMA 3 or 4 or 4X. B. Factory Finishes 1. Finish: For raceway, enclosure, or cabinet components provide manufacturer's standard paint applied to factory-assembled surface raceways, enclosures, and cabinets before shipping. 2.6 CONDUCTORS AND CABLES A. General 1. Power and Lighting Circuits: Provide No. 12 AWG minimum conductors volt Control and Alarm Circuits: Provide No. 14 AWG minimum conductors. 3. Conductor Material: Copper complying with ICEA S /NEMA WC70, solid conductor for No. 10 AWG and smaller, stranded for No. 8 AWG and larger. 4. Service entrance, feeders, branch circuits and field wired control circuits operating at 120 volts or greater: 600 Volt THHN or THWN insulation unless otherwise indicated. 5. Cord Drops and Portable Appliance Connections: Type SO, hard service cord. 6. NM and NMC cable shall not be used Volt Interlocked Armored Cable, Type MC: Conductor insulation shall be cross-linked polyethylene or ethylene propylene rubber. Metal covering shall be interlocking armor, galvanized steel. A stranded copper ground wire shall be present in the cable interstice(s). Cable shall meet requirements of ICEA S and be UL listed as type MC. Fittings shall mechanically secure the cable against pullout or rotation and provide secure electrical contact between fitting and armor. Fittings shall be suitable for and compatible with the cable. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

245 B. Connectors And Splices 1. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. Soldered and taped connections are not acceptable. 2. Connections: For No. 10 AWG wire and smaller, provide solderless connectors, Ideal "Wire Nuts," 3M "Scotchlok," or equal. For No. 8 AWG wire and larger, provide solderless connectors, Burndy, O.Z. Gedney, Penn-Union or equal. All uninsulated joints shall be taped over with plastic tape, 3M "Scotch Brand" No. 33 Plus or equal, to provide an insulation value greater than or equal to that on the wire. C. Terminations 1. Compression type solderless lugs shall be tin plated cast copper and UL listed for the application. Terminal lugs shall have a temperature rating that is equal or greater than that of the wire and terminal equipment. D. Conductors In Vertical Conduit 1. Support for Conductors in Vertical Conduit: Provide a factory-fabricated assembly consisting of threaded body and insulating wedging plug or plugs for non-armored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Bodies shall be malleable iron. E. Signal and Control Conductors 1. Provide the necessary I/O wiring (raceway, supports, connectors, conductors, terminations, etc) and identification labeling to connect devices to the existing RTB and PLC. 2. Provide surge protection (signal protector) on each analog input. 3. Provide interposing isolation control relay on each discrete output with DO terminal strip. a. Relay: General purpose slim-line plug-in, SPDT form C, 300Vac 10A contacts, 24Vdc coil, LED pilot light, screw terminal DIN rail socket, Allen-Bradley #700- HK36Z24-4 or equal. b. Diode: Provide rectifier (diode) across each relay coil, 400V peak 280 Vrms working reverse voltage, Diodes #1N4004 or equal. c. Provide 24Vdc power supply for discrete inputs DI and discrete output DO relays. DIN rail mount, 120Vac input, 24Vdc 10A output, Sola #SDN P or equal. 4. Terminal strips a. Finger-safe single circuit high density 600Vac/dc #30-#12 AWG box terminals, with end barriers. Allen-Bradley #1492-HM1 or equal. 5. Wireway a. 3 deep x 1.5, 2, and 3 widths, light gray with snap-on cover, Thomas & Betts (T&B) #TYxx3WPG6 or equal. 6. DIN rail a. Slotted steel 35mm wide slot. Allen-Bradley #199-DR1 or equal. 7. Conductors a. Discrete I/O: 1) #14 AWG stranded tinned copper MTW 75 C 300V colored jacket. Belden #1015 or equal. b. Analog I/O: 1) #16 AWG stranded tinned copper twisted shielded pair 75 C colored jacket. Belden #8719 or equal. c. Ethernet: 1) #24 AWG solid 4-pair UTP CAT 5e TIA/EIA-568-B MHz blue jacket RJ45 terminations. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

246 8. Identification a. Nameplates 1) 1/16 thick engraved phenolic black with white core (letters). Rowmark # or equal. b. Labels 1) Machine printed heat-shrink type, #10-#18 AWG. Tyton #THS-620W or equal. 2.7 EQUIPMENT ENCLOSURES A. Do not install equipment in a more severe environment than recommended by the equipment manufacturer. When not indicated, provide enclosures suitable for the environment in which they are located in accordance with NEMA Standard No DEVICE CONNECTIONS A. Provide suitable lugs or connectors to accommodate line and load side conductors shown on the drawings. Where available device connections are inadequate for the number and/or size of conductors required, provide bus extensions, adapter plates or power distribution blocks as required. 2.9 LUMINAIRES AND COMPONENTS A. Luminaires 1. The luminaire schedule indicates the types required. Equivalent luminaires by other manufacturers may be submitted for review unless no substitutions is indicated in the schedule. The luminaires have been specified on the basis of Owner/Client requirements and review, performance, suitability for the particular application, quality of construction, materials of construction, unit cost, maintainability, technical support by the manufacturer and local representative, aesthetics, compatibility with architecture, interior design, and other luminaire types, color schemes, etc. Acceptance of proposed substitutions will be made with the same criteria. B. General 1. Comply with UL Metal Parts: Free of burrs and sharp corners and edges. 3. Sheet Metal Components: Steel, unless otherwise indicated. Formed and supported to prevent warping, sagging, and damage during installation and maintenance. 4. Doors, Frames, and Other Internal Access: Smooth operating, free of light leakage under operating conditions, and designed to facilitate lamp replacement. Designed to prevent doors, frames, lenses, diffusers, and other components from falling during service and when secured in the operating position. 5. Plastic Diffusers, Covers, and Globes: 6. Acrylic Lighting Diffusers: 100 percent virgin acrylic plastic. High-resistance to yellowing and other changes due to aging, exposure to heat, and ultraviolet radiation. Styrene is not acceptable. 7. Lens Thickness: At least inch minimum unless less thickness is indicated. 8. Lens: All fixtures using metal halide or quartz halogen lamps shall have a lens which will contain all fragments from a lamp failure. C. Ballasts For Fluorescent Lamps 1. Ballasts shall be CBM/ETL tested and listed whenever CBM/ETL has a listing procedure for the particular ballast, high power factor, with sound rating the best available for the particular ballast, electronic high-frequency, less than 10% total harmonic distortion. Nondimming ballasts shall be programmed rapid start type. Ballasts for compact fluorescent 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

247 lamps shall comply with ANSI C Ballasts shall be manufactured by Advance, GE, Triad, Universal, or equal. E. Lamps 1. Provide lamps for each luminaire. 2. Low-Mercury Fluorescent Lamps: Comply with EPA's toxicity characteristic leaching procedure test; shall yield less than 0.2 mg of mercury per liter when tested in accordance with NEMA LL Incandescent, fluorescent and high intensity discharge lamps shall be GE, Phillips, or Sylvania as given in the luminaire schedule TOUCH-UP PAINT A. For Equipment: Equipment manufacturer's paint selected to match installed equipment finish. B. Galvanized Surfaces: Zinc-rich paint recommended by item manufacturer FIRE STOPPING A. Fire stopping materials shall meet the requirements of Division 7 Fire Stopping CONCRETE BASES AND HOUSEKEEPING PADS A. Concrete Forms and Reinforcement Materials: As specified in Division 3 Section "Cast-in-Place Concrete." B. Concrete: Minimum of 3000-psi (20.7-MPa), 28-day compressive strength or as specified in Division 3 Section "Cast-in-Place Concrete." PART 3 - EXECUTION 3.1 ELECTRICAL EQUIPMENT INSTALLATION A. Headroom Maintenance: If mounting heights or other location criteria are not indicated, arrange and install components and equipment to provide the maximum possible headroom. B. Materials and Components: Install level, plumb, and parallel and perpendicular to other building systems and components, unless otherwise indicated. C. Equipment: Install to facilitate service, maintenance, and repair or replacement of components. Connect for ease of disconnecting, with minimum interference with other installations. D. Working clearance. Provide working clearance as required by NEC Article 110. E. Dedicated space. Provide dedicated space for electrical equipment as required by NEC Article UTILITY COMPANY ELECTRICAL METERING EQUIPMENT A. Install equipment according to PNM's written requirements. Provide grounding and empty conduits as required by PNM. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

248 3.3 GROUNDING A. Application 1. Use only copper conductors. 2. In raceways, use insulated equipment grounding conductors. 3. Direct Buried and Underground Connections: Use exothermic-welded connections, except those at ground wells. 4. Connections to Structural Steel: Use exothermic-welded connections or bolted pressure connections. 5. Equipment Grounding Conductor Terminations: Use bolted pressure clamps. 6. Ground Rod Clamps at Ground Wells: Use bolted pressure clamps with at least two bolts. B. Equipment Grounding Conductors 1. Comply with NFPA 70, Article 250, for types, sizes, and quantities of equipment grounding conductors, unless specific types, larger sizes, or more conductors than required by NFPA 70 are indicated. 2. Install equipment grounding conductors in all feeders and circuits. 3. Metal Poles Supporting Outdoor Lighting Fixtures: Provide a grounding rod in addition to installing a separate equipment grounding conductor with supply branch-circuit conductors. 4. Common Ground Bonding with Lightning Protection System: Bond electrical power system ground directly to lightning protection system grounding conductor at closest point to electrical service grounding electrode. Use bonding conductor sized same as system grounding electrode conductor. C. Signal And Communication Systems 1. For telephone, communication, security, and other signal systems provide No. 6 AWG minimum insulated grounding conductor from the grounding electrode system to each service equipment location, terminal cabinet, wiring closet, and central equipment location. D. Installation 1. Ground Rods: At exterior locations drive ground rods until tops are 12 inches (300 mm) below final grade, unless otherwise indicated. Where multiple ground rods are required to meet resistance requirements, install ground rods a minimum of 20 feet apart. Interconnect ground rods with grounding electrode conductors. 2. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. 3. Bonding Straps and Jumpers: Install so vibration by equipment mounted on vibration isolation hangers and supports is not transmitted to rigidly mounted equipment. Use exothermic-welded connectors for outdoor locations, unless a disconnect-type connection is required; then, use a bolted clamp. Bond straps directly to the basic structure taking care not to penetrate any adjacent parts. Install straps only in locations accessible for maintenance. 4. Metal Water Service Pipe: Provide grounding electrode conductor from the building's grounded service conductor at the main electric service equipment to the buildings main metal water service entrance. Connect grounding electrode conductors to main metal water service pipe with grounding clamp connectors. Where a dielectric main water fitting is installed, do not connect grounding electrode conductor to the street side of the water service pipe. Bond interior metal water piping system as required by the NEC. 5. Water Meter Piping: Use braided-type bonding jumpers to electrically bypass water meters. Connect to pipe with grounding clamp connectors. 6. When grounding conductors are run in metal conduit bond conduit at each end to the grounding conductor. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

249 7. Bond interior metal piping systems, including above ground gas piping system as required by the NEC. E. Connections 1. General: Make connections so galvanic action or electrolysis possibility is minimized. Select connectors, connection hardware, conductors, and connection methods so metals in direct contact will be galvanically compatible. 2. Use electroplated or tinned materials. 3. Make connections with clean, bare metal at points of contact. 4. Coat and seal connections having dissimilar metals with silicone mastic or similar waterproofing material to prevent future penetration of moisture to contact surfaces. 5. Exothermic-Welded Connections: Comply with manufacturers written instructions. Welds that are puffed up or that show convex surfaces indicating improper cleaning are not acceptable. Pull conductor and tap connection with a hammer to confirm a good weld. Molds shall be designed for the connection being made. 6. Equipment Grounding Conductor Terminations: For No. 8 AWG and larger, use pressuretype grounding lugs. No. 10 AWG and smaller grounding conductors may be terminated with winged pressure-type connectors. 7. If metallic raceways terminate at metal housings without an electrical connection to housing, terminate each conduit with a grounding bushing. Connect grounding bushings with a bare grounding conductor to grounding bus or terminal in housing. Bond electrically noncontinuous conduits at entrances and exits with grounding bushings and bare grounding conductors, unless otherwise indicated. 8. Tighten screws and bolts for grounding and bonding connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A. 9. Compression-Type Connections: Use hydraulic compression tools to provide correct circumferential pressure for compression connectors. Use tools and dies recommended by connector manufacturer. Provide embossing die code or other standard method to make a visible indication that a connector has been adequately compressed on grounding conductor. 10. Moisture Protection: If insulated grounding conductors are connected to ground rods or grounding buses, insulate entire area of connection and seal against moisture penetration of insulation and cable. 11. Underground connections shall be UL listed for underground use. 12. Twisting ground wires together as the only mechanical means of connection is not acceptable. F. Field Quality Control 1. Testing: Perform the following field quality control testing: a. After installing grounding system but before permanent electrical circuitry has been energized, test for compliance with requirements. b. Maximum ground resistance shall be as follows: 1) Equipment Rated 500 kva and less: 10 ohms. c. Excessive Ground Resistance: When the required ground resistance is not met, additional electrodes shall be provided to achieve the specified ground resistance. The additional electrodes shall be a minimum of 20 feet apart and meet the requirements of this specification. 3.4 DISCONNECT SWITCHES A. Provide each motor with a disconnecting means as permitted by the NEC. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

250 B. Enclosures 1. Provide enclosures rated for environmental conditions at their installed location. a. Outdoors, damp or wet: NEMA 250, Type 3R/12. b. Indoors, dry: NEMA 250, Type 1. c. Indoors, damp or wet: NEMA 250, Type 3R/12. C. Mount plumb and rigid without distortion of enclosure. D. Identification 1. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs as specified in Section "Identification for Electrical Systems. 2. Enclosure Nameplates: Label each enclosure with engraved metal or laminated-plastic nameplate as specified in Section "Identification for Electrical Systems. E. Cleaning 1. On completion of installation, vacuum dirt and debris from interiors. 2. Inspect exposed surfaces and repair damaged finishes. 3.5 RACEWAY A. Application 1. Keep raceways at least 8 inches (200 mm) away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. 2. Complete raceway installation before starting conductor installation. 3. Install temporary closures to prevent foreign matter from entering raceways. 4. Protect stub-ups from damage where conduits rise through floor slabs. Arrange so curved portions of bends are not visible above the finished slab. 5. Make bends and offsets so the inside diameter is not reduced. Keep legs of bends in the same plane and keep straight legs of offsets parallel, unless otherwise indicated. 6. Conceal conduit within finished walls, ceilings, and floors, unless otherwise indicated. a. Install concealed raceways with a minimum of bends in the shortest practical distance, considering type of building construction and obstructions, unless otherwise indicated. b. Conduits in unfinished areas associated with exposed equipment, and raceways on open ceiling construction, may be installed exposed. 7. Provide surface raceway systems for surface wiring in finished areas and in existing construction areas where indicated. 8. GRC: Support and securely fasten in place at intervals not to exceed 10'-0". 9. EMT: Support and securely fasten in place at intervals not to exceed 5'-0". 10. PVC Coated Conduit: Conduit system shall be installed in accordance with manufacturer's recommendations and care shall be used to prevent damage to the coatings. Any damage to interior or exterior coatings shall be repaired with manufacturer-approved materials. 11. Install exposed raceways parallel or at right angles to nearby surfaces or structural members and follow surface contours as much as possible. a. Run parallel or banked raceways together on common supports. b. When bending parallel conduits, all conduit bends shall have the same radius or concentric bends. c. Raceway installation shall not obstruct light fixtures, electrical equipment and mechanical assemblies. 12. Join raceways with fittings designed and approved for that purpose and make joints tight. a. Use insulated throat bushings at all communication conduit stub-outs above accessible ceilings. 13. Terminations: 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

251 a. Where raceways are terminated with locknuts and bushings, align raceways to enter squarely and install locknuts with dished part against box. Use two locknuts, one inside and one outside box. b. Where raceways are terminated with threaded hubs, screw raceways or fittings tightly into hub so end bears against wire protection shoulder. Where chase nipples are used, align raceways so coupling is square to box; tighten chase nipple so no threads are exposed. 14. Install pull lines in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at least 24 inches (600 mm) of slack at each end of pull line and tie to a support so that the line cannot slip into conduit. Provide labels with unique identifiers that match at each end of the conduit for all empty raceways. 15. Telephone and Signal System Raceways, 2-Inch Trade Size (DN 53) and Smaller: In addition to above requirements, install indoor raceways in maximum lengths of 150 feet (45 m) and with a maximum of two 90-degree bends or equivalent. Separate lengths with pull or junction boxes where necessary to comply with these requirements. 16. Install raceway-sealing seal off fittings at suitable, approved, and accessible locations and fill them with UL listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway-sealing fittings at the following points: a. Where conduits pass from warm to cold locations, outside thermal insulation of refrigerated spaces. b. Outside all classified (hazardous) locations. c. Where otherwise required by the NEC. 17. Stub-up connections: Stub-up conduits a minimum of 2 above floor or equipment pad of free standing equipment. Provide bushings on metallic conduit, and provide caps for spare conduits. 18. Flush Stub-up Connections: Where indicated as a flush stub up, extend conduits through concrete floor. Install with an adjustable top or threaded coupling set flush with finished floor. Provide screwdriver-operated threaded plugs flush with floor finish for future conduit connection. 19. All conduit stub-outs and sleeves for wiring not installed in raceways shall have bushings installed on the end of each conduit not connected to a box or fitting. Bushings shall be securely fastened to the conduit and shall be threaded or hammer-on type. 20. Flexible Connections: Use maximum of 72 inches (1830 mm) of Flexible conduit for recessed and semi-recessed lighting fixtures. 21. Install hinged-cover enclosures and cabinets plumb. Support at each corner. 22. Fire Rated Penetrations: Where conductor raceways or cable trays penetrate fire rated wall or floor assemblies, openings shall be fire-stopped with UL listed sealants, barriers, or other devices specifically listed for the purpose. 23. Temperature: a. Conduits exposed to changes in temperature or attached to structures that may expand or contract shall be provided with expansion fittings. b. Nonmetallic or PVC coated conduits shall not be installed in areas where the temperature may exceed 122 F for extended periods of time. 24. Provide raceway expansion joints where raceways cross building and structural expansion joints. B. Penetration Sleeves 1. Sleeves: Furnish sleeves for conduit passing through concrete walls, partitions, beams, floors and roof while same are under construction. A conduit sleeve shall be one size larger than the size of conduit which it serves except where sealing bushings are used in sleeves through walls below grade. Sleeves are not required for conduits installed before the wall, partition, floor, or roof is constructed. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

252 2. Sleeves Set in Concrete Floor: Sleeves shall be 18-gauge galvanized steel or PVC. Sleeves shall extend 2 inches above the finished floor. Conduit passing through concrete or masonry walls shall have Schedule 40 galvanized steel sleeves. Sleeves shall be set flush with finished wall. If holes and sleeves are not properly installed and cutting and patching become necessary, it shall be done at no expense to Owner. Undertake no cutting or patching without first securing approval. Where penetrations must be waterproofed, properly caulk with oakum and run full of asphalt mastic or silicone rubber caulking. 3. Sleeves Penetrating Walls Below Grade: Sleeves shall be Schedule 40 black steel pipe with 1/4-inch thick steel plate secured to the pipe with continuous fillet weld or a factory made sealing fitting employing pressure rings and sealing grommet. The plate shall be located in the middle of the wall and shall be 1/4-inch wider all around than the sleeve which it encircles. The entire assembly shall be hot-dipped galvanized after fabrication. C. Protection 1. Provide final protection and maintain conditions that ensure coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion. a. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. b. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer. D. Cleaning 1. After completing installation of exposed factory-finished raceways, inspect exposed finishes and repair damaged finishes. Match factory finish with same material and color. 3.6 OUTLETS A. Exact location of outlets and equipment shall be governed by structural conditions, obstructions, finishes, trim, and other equipment items. When necessary, relocate outlets so that when fixtures or other devices are installed, they will be symmetrically located according to the room layout and will not interfere with other work or equipment. Verify final location for all outlets, panels, equipment, etc. with the Architect/Engineer. The Architect/Engineer reserves the right to relocate equipment and outlets prior to installation, without additional cost, if such relocation does not require significant additional materials. Coordinate location of all outlets and equipment with the work of other trades, and so as to allow proper access and clearances for all equipment. B. Where luminaires are mounted on or in an accessible type ceiling, provide a junction box and extend flexible metal conduit to each luminaire. Outlet boxes in finished ceilings or walls shall be fitted with appropriate covers set flush with the finished surface. Back-to-back outlets in the same wall, or "through-wall" type boxes, are not permitted. Provide 6-1/2" (minimum) long nipple to offset all outlets shown on opposite sides of a common wall to minimize sound transmission. C. Surface mounted boxes in finished areas shall not have knock-outs visible on top, bottom, or sides of box. D. Locate outlets as follows, unless specifically indicated otherwise on the drawings. Where mounting height notations indicated on drawings vary with those below, height indicated on drawings shall govern. Mounting heights listed are from finished floor to horizontal centerline of outlet box. Adjust the height of any outlets in masonry walls from any height indicated on the drawings so that the outlet box will be at the bottom or top edge of block or brick. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

253 Device Height AFF Convenience, cleaning, or water cooler receptacle: 1'-6 (+18) Telephone/network outlet: 1'-6 (+18) Receptacle or telephone/network outlet over base cabinets: 3'-8 (+44) Refrigerator, vending machine, laundry receptacle: 3-8 (+44) Receptacle in mechanical, equipment, shop, janitor, or shell area: 3'-8 (+44) Light switch: 3'-8 (+44) E. Install enclosures and cabinets plumb. Support at each corner. 3.7 CONDUCTORS A. Derating 1. Conductors shown on the drawings are based on no more than three current carrying conductors in a raceway. If the contractor chooses to combine homeruns resulting in more than three current carrying conductors in a raceway then the contractor shall apply the NEC derating factors for more than three current carrying conductors in a raceway B. Installation 1. Conceal cables in finished walls, ceilings, and floors unless otherwise indicated. 2. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. Monitor pulling tension on cables sized 250 MCM and larger on pulls over 300 feet. 3. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips that will not damage cables or raceway. C. Connections 1. Tighten electrical connectors and terminals according to manufacturer's published torquetightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A and UL 486B. 2. Terminations: Terminate stranded wire at screw terminals with compression type lugs. Terminations made by looping stranded wire around a terminal screw are not acceptable. 3. Make splices and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. D. Tests 1. General: Test all conductors of each feeder or circuit rated 200 amperes and more by applying 500 volts direct-current to the conductor with a megohm meter (megger). Conduct test after conductor is pulled and spliced, but prior to connection to any transformers, switchgear, switchboards, motor control centers, starters, capacitors, surge arresters, motors or any other equipment. 2. Procedure: Test in accordance with the megohm meter manufacturer's instructions. 3. Test Equipment: Provide megohm meter, test personnel, and all other equipment required to perform the tests. Resident Project Representative and/or Owner shall witness each test. 4. Damage during testing: Conduct test in accordance with test equipment manufacturer's instructions. Replace any conductor, materials, or equipment damaged during testing. 5. Test Results: Provide test results that include the following information as a minimum: a. Date of test b. Names of testing personnel c. Temperature at time of test d. Brand, model number, and serial number of test equipment e. Meter calibration report indicating valid and current NIST certification f. Test procedures used 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

254 g. Conductor designation including circuit and phase h. Conductor description i. Megohm meter reading j. Signature of lead testing personnel k. Signature of witness 6. Review of Test Results: Architect/Engineer shall review all test results. Megohm values of less than 20 megohms are not acceptable. Replace any unacceptable conductors or splices and test the conductor when repairs are complete. E. Conductors In Vertical Conduit 1. Provide support for conductors in vertical conduit where required by Article 300 of the NEC. 3.8 CALIBRATION A. Scale, calibrate, and verify all analog I/Os to and from the PLC. 3.9 LUMINAIRES A. General 1. Luminaires: Set level, plumb, and square with ceilings and walls or roadways and surface pavement. 2. Coordinate support for luminaires in suspended grid-type ceilings with the ceiling installer. 3. Provide listed (UL) clips for all luminaires installed in grid (tee bar) type suspended ceilings to conform to NEC Clips must be compatible with the luminaires and ceiling supports. Provide luminaire supports to structure independent of grid type suspended ceilings where required by building officials. Mount all luminaire outlets at position and height to clear ductwork, piping, etc. Surface mounted luminaires containing ballasts shall be mounted with a minimum 1+1/2-inch spacer where mounted on a combustible material unless the luminaire is UL labeled for the application. 4. Suspended Luminaire Support: a. Pendants and Rods: Where longer than 48 inches (1200 mm), brace each to restrict swaying. b. Provide seismic bracing for pendants of all lengths as required. 5. Adjust aim of luminaires to provide the required illuminance. B. Field Quality Control 1. Install all fluorescent lamps aligned for proper lamp contact. Verify proper lamp/ballast operation and multi-level switching. Verify trim, shielding, and gasket fit and enclosure tightness. Remove luminaire dust bags and clean all luminaires just prior to project substantial completion. Replace all scratched, dented, broken, paint spattered, or stained louvers or diffusers. Re-protect louvers and diffusers during any punch-list item work involving wall board cutting, texturing, sanding, painting, or exposure to the building exterior FIRE STOPPING A. Apply UL listed fire stopping materials to cable and raceway penetrations of fire-rated floor and wall assemblies to achieve fire-resistance rating of the assembly. See architectural drawings for locations of fire rated floors, walls, ceilings and partitions. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

255 3.11 DEMOLITION A. Protect existing electrical equipment and installations indicated to remain. If damaged or disturbed in the course of the work, remove damaged portions and install new products of equal capacity, quality, and functionality. B. Accessible Work: Remove exposed electrical equipment and installations, indicated to be demolished, in their entirety. C. Abandoned Work: Remove all abandoned wiring. In exposed locations, cut and remove buried raceway 2 inches (50 mm) below the surface of adjacent construction. Cap raceways and patch surface to match existing finish. In concealed locations, cut raceways flush with surface. Plug or cap raceways. D. Remove, store, clean, reinstall, reconnect, and make operational components indicated for relocation EXISTING ELECTRICAL WORK A. Verify that abandoned wiring and equipment serve only abandoned facilities. B. Disconnect existing electrical systems in walls, floors, and ceilings indicated for removal. C. Existing Receptacle and Lighting circuits and devices which are not scheduled for demolition, but which are inadvertently affected by demolition activities, shall be restored to full function. D. Coordinate utility service outages and reconnections with PNM and the Owner s representative. E. Provide temporary wiring and connections to maintain existing systems in service during construction. 1. Existing Electrical Service: Maintain the existing service equipment until the new service equipment is complete. 2. Existing Electrical Feeders and Branch Circuits: Maintain feeders and branch circuits in service until replacement circuits are installed and ready to connect. 3. Existing Fire Alarm System: Maintain existing system in service until the new system is operational, tested, and accepted by the fire marshal s office. 4. Existing Telephone System: Maintain existing system in service until the new system is complete and ready for service. F. Remove, relocate, and repair existing installations to accommodate new construction. 1. Remove abandoned wiring to the source of supply. 2. Remove exposed abandoned conduit and boxes including abandoned conduit above accessible ceilings. 3. Disconnect abandoned outlets and remove devices. 4. Provide blank covers for abandoned outlets which are not removed. 5. Disconnect and remove abandoned panelboards and distribution equipment. 6. Disconnect and remove electrical devices and equipment serving utilization equipment that has been removed. 7. Disconnect and remove abandoned luminaires, brackets, stems, hangers, and other accessories. G. Repair adjacent construction and finishes damaged during removal of existing electrical work. H. Maintain access to existing active electrical installations. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

256 I. Clean and repair existing materials and equipment which remain or are to be reused. 1. Panel boards: Clean and check tightness of electrical connections. Replace damaged circuit breakers and provide closure plates for vacant positions. Replace circuit number labels. Revise and reprint circuit directories. 2. Luminaires: Clean exterior and interior surfaces. Replace lamps and damaged electrical parts. J. Extend existing installations using materials and methods compatible with existing electrical installations, and as specified CUTTING AND PATCHING A. Cut, channel, chase, and drill floors, walls, partitions, ceilings, and other surfaces required to permit electrical installations. Perform cutting by skilled mechanics of trades involved. B. Repair and refinish disturbed finish materials and other surfaces to match adjacent undisturbed surfaces. Install new fireproofing where existing firestop has been disturbed. Repair and refinish materials and other surfaces by skilled mechanics of trades involved REFINISHING AND TOUCH-UP PAINTING A. Clean damaged and disturbed areas and apply primer, intermediate, and finish coats to suit the degree of damage at each location. B. Follow paint manufacturer's written instructions for surface preparation and for timing and application of successive coats. C. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. D. Repair damage to PVC or paint finishes with matching touchup coating recommended by manufacturer CLEANING AND PROTECTION A. On completion of installation, inspect and clean all electrical equipment and enclosures including pane board, switchboard, transformer, motor control center, control panel, and electrical enclosure interiors, light fixtures and lenses, outlet boxes, floor mounted devices, fittings, and wiring devices. Remove burrs, dirt, paint spots, and construction debris. B. Protect equipment and installations and maintain conditions to ensure that coatings, finishes, and cabinets are without damage or deterioration at time of Substantial Completion ELECTRICAL SUPPORTING DEVICE APPLICATION A. Damp or Wet Locations and Outdoors: Provide hot dip galvanized steel slotted, aluminum, or stainless steel (Type 304 or 316) channel. Provide stainless steel anchor bolts. B. Indoor, Dry Locations: Provide pre-galvanized or electro-galvanized steel slotted channel. C. Corrosive Locations: Provide aluminum or stainless steel (Type 304 or 316) slotted channel, or epoxy or non-metallic coated steel slotted channel. Provide stainless steel anchor bolts. D. Manholes: Provide nonmetallic slotted channel. Provide galvanized concrete insert type or stainless steel anchor bolts. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

257 E. Do not attach aluminum channel directly to concrete. Provide plastic spacers or coat surfaces in contact with concrete with epoxy paint. F. For channel attached to aluminum handrails or other aluminum structures, provide aluminum or stainless steel channels with stainless steel hardware. G. Provide stainless steel anchor bolts for stainless steel, aluminum, or epoxy coated steel channels in damp, wet, or outdoor locations. H. Field Cuts: Grind all edges smooth. Make cuts square unless angles are required for installation. Paint field cuts of galvanized steel channel with a galvanizing solution or zinc rich paint. Apply epoxy coating to field cuts of epoxy coated steel channel. Apply PVC coating to field cuts of PVC coated steel channel. Install end caps on all exposed channel ends SUPPORT INSTALLATION A. Install support devices necessary to securely and permanently fasten and support electrical components. 1. Do not fasten supports to piping, ceiling support wires, ductwork, mechanical equipment, conduit, or cable tray. 2. Install surface-mounted cabinets and panel boards with a minimum of four anchors. 3. Provide metal channel supports to stand cabinets and conduit one inch off walls in wet locations. 4. Bridge studs top and bottom with channels to support flush-mounted cabinets and panel boards at stud walls. B. Install individual and multiple raceway hangers and riser clamps to support raceways. Provide U- bolts, clamps, attachments, and other hardware necessary for hanger assemblies and for securing hanger rods and conduits. C. Support parallel runs of horizontal raceways together on trapeze- or bracket-type hangers. D. Size supports for multiple raceway installations so capacity can be increased by a 25 percent minimum in the future. E. Support individual horizontal raceways with separate malleable-iron pipe hangers or clamps. F. Install 1/4-inch (6-mm) diameter or larger threaded steel hanger rods, unless otherwise indicated. G. Spring-steel fasteners specifically designed for supporting single conduits or tubing may be used instead of malleable-iron hangers for 1-1/2-inch (38-mm) and smaller raceways serving lighting and receptacle branch circuits above suspended ceilings and for fastening raceways to slotted channel and angle supports. Do not use spring steel fasteners in damp, wet, or corrosive locations. H. Arrange supports in vertical runs so the weight of raceways and enclosed conductors is carried entirely by raceway supports, with no weight load on raceway terminals. I. Simultaneously install vertical conductor supports with conductors. J. Separately support cast boxes that are threaded to raceways and used for fixture support. Support sheet-metal boxes directly from the building structure or by bar hangers. If bar hangers are used, attach bar to raceways on opposite sides of the box and support the raceway with an approved fastener not more than 24 inches (610 mm) from the box. 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

258 K. Install metal channel racks for mounting cabinets, panel boards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices unless components are mounted directly to structural elements of adequate strength. L. Install sleeves for cable and raceway penetrations of concrete slabs and walls unless core-drilled holes are used. Install sleeves for cable and raceway penetrations of masonry and fire-rated gypsum walls and of all other fire-rated floor and wall assemblies. Install sleeves during erection of concrete and masonry walls. M. Securely fasten electrical items and their supports to the building structure per the following requirements, unless otherwise indicated. Perform fastening according to the following requirements unless other fastening methods are indicated. Verify with manufacturer the suitability of fasteners in subparagraphs below for use in lightweight concrete or concrete slabs less than 4 inches (100 mm) thick. Fasteners which fracture or damage surfaces are not acceptable. 1. Wood: Fasten with wood screws or screw-type nails. 2. Masonry: Toggle bolts on hollow masonry units and expansion bolts on solid masonry units. 3. New Concrete: Concrete inserts with machine screws and bolts. 4. Existing Concrete: Expansion bolts. 5. Instead of expansion bolts, threaded studs driven by a powder charge and provided with lock washers may be used. 6. Steel: Welded threaded studs or spring-tension clamps on steel. 7. Welding to steel structure may be used only for threaded studs, not for conduits, pipe straps, or other items. 8. Light Steel: Sheet-metal screws. 9. Fasteners: Select so the load applied to each fastener does not exceed 25 percent of its proof-test load CONCRETE HOUSEKEEPING PADS A. Install all freestanding electrical and control equipment on 4-inch high reinforced concrete pads (top of pads shall be 4 inches above finished floor) with smooth finish. Arrange components in the electrical equipment so that any switch operating handle is not more than 6 feet 7 inches above the surrounding floor to comply with NEC Article B. Construct concrete housekeeping pads necessary for the footprint of the equipment furnished but not less than 3 inches (100 mm) larger than the equipment footprint and so that anchor bolt inserts will be a minimum of 10 bolt diameters from any edge of the pad. Chamfer exposed edges. END OF SECTION 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

259 ELECTRICAL SUBMITTAL SCHEDULE PARA SECTION TITLE SUBMITTAL DESCRIPTION TYPE 2.1 Supports Channel strut and fittings Catalog data 2.2 Grounding Exothermic welds and compression connections Catalog data 2.3 Equipment Wiring, Disconnect Safety switches Catalog data Fuses Fuses Catalog data 2.4 Raceway Rigid non-metallic conduit Catalog data Raceway Wireway Catalog data Raceway Liquid-tight metal flex Catalog data Raceway Liquid-tight non-metal flex Catalog data 2.5 Outlets Outlet boxes Catalog data Wiring Devices and Plates Convenience receptacles Catalog data Wiring Devices and Plates Wall switches Catalog data Wiring Devices and Plates Device plates Catalog data 2.5 Boxes and Enclosures Boxes, enclosures, and vaults Catalog data 2.6 Wire and Cables Conductors Catalog data 2.6 Enclosures Enclosures Catalog data 2.9 Lighting Equipment Luminaires Catalog data Lighting Equipment Lamps Catalog data Lighting Equipment Ballasts and drivers Catalog data 2.9 Lighting Poles Poles Catalog data 3MG Recycled Water Tank at Well 10A ELECTRICAL 19 October 2015 AEA PC

260

261 Appendix A Geotechnical Engineering Report Well 10A Reuse Tank June 3, 2015 Prepared By: Terracon Consultants, Inc.

262 Geotechnical Engineering Report Well 10A Reuse Tank Northern Avenue and 37 th Street NE Rio Rancho, New Mexico June 3, 2015 Terracon Project No Prepared for: Huitt-Zollars, Inc. Rio Rancho, New Mexico Prepared by: Terracon Consultants, Inc. Albuquerque, New Mexico

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264 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No TABLE OF CONTENTS Page EXECUTIVE SUMMARY... i 1.0 INTRODUCTION PROJECT INFORMATION Project Description Site Location and Description SUBSURFACE CONDITIONS Typical Subsurface Profile Groundwater RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION Geotechnical Considerations Earthwork Site Preparation Excavation Subgrade Preparation Fill Materials and Placement Compaction Requirements Grading and Drainage Slopes Corrosion Potential Foundation Recommendations Design Recommendations Construction Considerations Global Stability Seismic Considerations Tank Floor Design Recommendations Construction Considerations Lateral Earth Pressures Design Recommendations GENERAL COMMENTS...13 Responsive Resourceful Reliable

265 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No TABLE OF CONTENTS continued Exhibit No. Appendix A Field Exploration Field Exploration Description... A1 Site Location Map... A2 Boring Location Plan... A3 Boring Logs... A4 thru A8 General Notes... A9 Unified Soil Classification System... A10 Appendix B Laboratory Testing Laboratory Test Description... B1 Grain Size Distribution... B2 Consolidation Test Results... B3 thru B6 Summary of Laboratory Results... B7 Chemical Test Results Appendix C Slope Stability Slope Stability Analysis... C1 and C2 Responsive Resourceful Reliable

266 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No EXECUTIVE SUMMARY This geotechnical executive summary should be used in conjunction with the entire report for design and/or construction purposes. It should be recognized that specific details were not included or fully developed in this section, and the report must be read in its entirety for a comprehensive understanding of the items contained herein. The section titled General Comments should be read for an understanding of the report limitations. A geotechnical exploration has been performed for the proposed Well 10A Reuse Tank to be located near the intersection of Northern Boulevard and 37 th Street NE in Rio Rancho, New Mexico. Terracon s geotechnical scope of work included the advancement of five (5) test borings to approximate depths of 36 to 66-½ feet below existing site grades. Based on the information obtained from our subsurface exploration, the site is suitable for development of the proposed project. The following geotechnical considerations were identified: Site Soils: The site soils generally consisted of sand with varying amounts of clay, silt and gravel. Groundwater was not encountered in the test borings at the time of drilling. On-site soils are suitable for use as engineered fill beneath foundations and the tank floor. Foundations: The proposed tank at the site may be supported by a concrete slab with thickened edges or concrete ring beam foundation bearing on dense to very dense undisturbed native soils or engineered fill. A minimum 6-inch thick layer of gravel should be placed between the tank slab and the existing subgrade. Loose soils (if encountered) will require recompaction. Earthwork: Based upon the proposed tank floor elevation, maximum cut depths of about 35 feet are anticipated to bring the site to construction grade. Therefore, differential bearing conditions will need to be considered in the design and construction of the tank. In addition, very dense soils were encountered that may require the use of heavy duty excavation equipment. Earthwork on the project should be observed and evaluated by Terracon. The evaluation of earthwork should include observation and testing of engineered fill, subgrade preparation, foundation bearing soils, and other geotechnical conditions exposed during construction Responsive Resourceful Reliable

267 GEOTECHNICAL ENGINEERING REPORT WELL 10A REUSE TANK NORTHERN BOULEVARD AND 37 TH STREET NE ALBUQUERQUE, NEW MEXICO Terracon Project No June 3, INTRODUCTION This report presents the results of our geotechnical engineering services performed for the proposed Well 10A Reuse Tank to be located near the intersection of Northern Boulevard and 37 Street NE in Rio Rancho, New Mexico. The report addresses the following: subsurface soil conditions groundwater conditions earthwork foundation design and construction seismic considerations tank floor slab-on-grade design and construction lateral earth pressures Our geotechnical engineering scope of work for this project included the advancement of five (5) test borings to depths ranging from approximately 36 to 66-½ feet below existing site grades. Logs of the borings along with a Site Location Map and Boring Location Plan are included in Appendix A of this report. The results of the laboratory testing performed on soil samples obtained from the site during the field exploration are included in Appendix B of this report. Descriptions of the field exploration and laboratory testing are included in their respective appendices. 2.0 PROJECT INFORMATION 2.1 Project Description Site layout Structure ITEM DESCRIPTION Refer to the Site Location Map and Boring Location Plan (Exhibits A1 and A2 in Appendix A) The project will include the construction/installation of approximate three (3) Million Gallon (MG) storage tank. The diameter and height of the tank will be on the order of about 135 to 180 feet and 32 to 46 feet, respectively. The tank will be partially buried and constructed into an existing slope. Responsive Resourceful Reliable

268 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No ITEM Tank construction Proposed foundation Finished tank floor elevation Maximum loads Maximum allowable settlement Final Grading DESCRIPTION Pre-stressed, post-tensioned concrete with a flat or dome roof Concrete slab with thickened edges Up to approximately 35 feet below existing site grades Tank Interior 2,000 to 2,900 pounds per square foot (psf) Tank Exterior 4,500 to 6,500 psf (assumed) Center of tank: 1 to 1 ½ inches Perimeter of tank: 1 inch Maximum differential: ½ to ¾ inch Up to approximately 35 feet below existing site grades 3:1 cut slope along the north side of the proposed tank 2.2 Site Location and Description Location ITEM Existing site features (site interior) Surrounding developments Current ground cover Existing topography DESCRIPTION South of the intersection of Northern Boulevard and 37 th Street NE in Rio Rancho, New Mexico. Site is located at south side of existing water treatment plant. Site is vacant. A existing utilities were observed within the site. North: Existing water treatment plant East: Undeveloped land West: Undeveloped land South: Existing utilities and undeveloped land Soil and/or vegetation. Relatively level at south side of proposed tank to moderately sloping downward to the center and west, east and north sides of proposed tank. Approximately 35 feet of elevation differential exists across the tank footprint. 3.0 SUBSURFACE CONDITIONS 3.1 Typical Subsurface Profile Specific conditions encountered at each boring location are indicated on the individual boring logs. Stratification boundaries on the boring logs represent the approximate location of changes in soil types; in-situ, the transition between materials may be gradual. Details for each of the borings can Responsive Resourceful Reliable 2

269 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No be found on the boring logs included in Appendix A of this report. Based on the results of the borings, subsurface conditions on the project site can be generalized as follows: Description Approximate Depth to Bottom of Stratum (feet) Material Encountered* Stratum 1 10 to 20 Sand with varying amounts of clay, silt and gravel Stratum 2 36 to 66-½ Sand with varying amounts of clay, silt and gravel *Sandy silt and sandy lean clay encountered in Boring Nos. B-01 and B-05, respectively. Consistency/Density Medium Dense Dense to Very Dense The sand soils ranged from non-plastic to low in plasticity. The clay and silt soils were nonplastic to low in plasticity. Laboratory tests were conducted on selected soil samples and the test results are presented in Appendix B. Laboratory test results indicate that the surface and near surface soils exhibit low compressibility potential at in-situ moisture contents. The near surface soils typically have a low to moderate tendency for hydro-compaction (collapse) when wetted under foundation loads. When water is added to samples of laboratory compacted near-surface soils, we anticipate that the compacted soils will exhibit low collapse potential and non- to low expansive potential when subjected to loading conditions such as those imposed by the tank floor. It is our opinion that due to the relatively high field penetration test results, low moisture content, and granular nature of the subsurface soils, the results of the testing reflects sample disturbance. Laboratory test results indicate that on-site soils exhibit resistivity values of 807 to 1,960 ohmcentimeters, ph values of , and soluble sulfate concentrations of 43 to 130 mg/kg. 3.2 Groundwater Groundwater was not observed in the test borings at the time of field exploration, nor when checked upon completion of drilling. These observations represent groundwater conditions at the time of the field exploration and may not be indicative of other times, or at other locations. Groundwater conditions can change with varying seasonal and weather conditions, and other factors. Regional groundwater is anticipated to be encountered at least 50 feet below tank floor bearing elevation. Fluctuations in groundwater levels can best be determined by implementation of a groundwater monitoring plan. Such a plan would include installation of groundwater monitoring wells, and periodic measurement of groundwater levels over a sufficient period of time. Responsive Resourceful Reliable 3

270 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION 4.1 Geotechnical Considerations The site appears suitable for the proposed construction based upon geotechnical conditions encountered in the test borings. Based upon the existing site grades, cut depths of up to 35 feet may be required to bring the tank floor to construction grade. Therefore, differential bearing conditions will need to be considered in the design and construction of the tank. Based on the geotechnical engineering analyses, subsurface exploration and laboratory test results, the proposed tank can be supported on a concrete slab with thickened edges foundation system. The concrete slab can bear on undisturbed native soils and/or newly placed engineered fill required to raise the site to construction grade. In addition, a minimum 6-inch thick layer of gravel should be placed between the tank slab and existing subgrade. Any loose soils encountered at tank floor and foundation bearing elevation should be recompacted. On-site soils should be suitable for use as engineered fill (if required) beneath the tank foundation system and tank floor. Design and construction of the tank should be performed in accordance with American Water Works Association (AWWA) Specifications. Geotechnical engineering recommendations for foundation systems and other earth connected phases of the project are outlined below. The recommendations contained in this report are based upon the results of field and laboratory testing (which are presented in Appendices A and B), engineering analyses, and our current understanding of the proposed project. 4.2 Earthwork The following presents recommendations for site preparation, excavation, subgrade preparation and placement of engineered fills on the project. The recommendations presented for design and construction of earth supported elements including foundations and slabs are contingent upon following the recommendations outlined in this section. Earthwork on the project should be observed and evaluated by Terracon. The evaluation of earthwork should include observation and testing of engineered fill, subgrade preparation, foundation bearing soils, and other geotechnical conditions exposed during the construction of the project. Responsive Resourceful Reliable 4

271 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Site Preparation Strip and remove existing vegetation (if applicable), debris, and other deleterious materials from the proposed structure area. Exposed surfaces should be free of mounds and depressions which could prevent uniform compaction. The site should be initially graded to create a relatively level surface to receive fill, and to provide for a relatively uniform thickness of fill beneath the proposed structure. If fill is placed in areas of the site where existing slopes are steeper than 5:1 (horizontal: vertical), the area should be benched to reduce the potential for slippage between existing slopes and fills. Benches should be wide enough to accommodate compaction and earth moving equipment, and to allow placement of horizontal lifts of fill. Evidence of underground facilities and utilities were observed adjacent to the site during the site reconnaissance. Therefore, such features may be encountered during construction. If unexpected fills or underground facilities are encountered, such features should be removed and the excavation thoroughly cleaned prior to backfill placement and/or construction Excavation It is anticipated that shallow excavations for the proposed construction can be accomplished with conventional earthmoving equipment. However, due to the very dense soils, heavy duty excavation equipment may be required for deep excavations. Based on the results from the soil borings, we do not anticipate groundwater control measures will be necessary in excavations up to about 66-½ feet below existing site grades. However, depending upon depth of excavation and seasonal conditions, groundwater may be encountered in excavations on the site. Pumping from sumps may be utilized to control water within excavations. On-site soils may pump or become unstable or unworkable at high water contents. Workability may be improved by scarifying and drying. Overexcavation of wet zones and replacement with granular materials may be necessary. Lightweight excavation equipment may be required to reduce subgrade pumping. Use of lime, fly ash, kiln dust, cement or geotextiles could also be considered as a stabilization technique. Laboratory evaluation is recommended to determine the effect of chemical stabilization on subgrade soils prior to construction. Responsive Resourceful Reliable 5

272 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Subgrade Preparation Exposed areas which will receive fill (if applicable), once properly cleared and benched (as previously outlined), should be scarified to a minimum depth of 10 inches, conditioned to near optimum moisture content, and compacted. Areas of loose soils may be encountered at foundation and tank floor bearing depth after excavation is completed for the tank foundation. When such conditions exist beneath the planned tank area, the subgrade soils should be surficially compacted prior to placement of the foundation system. If sufficient compaction cannot be achieved in-place, the loose soils should be removed and replaced as engineered fill. For placement of engineered fill below the tank, the excavation should be widened laterally, at least eight (8) inches for each foot of fill placed below footing base elevations. Subgrade soils beneath exterior slabs should be scarified, moisture conditioned and compacted to a minimum depth of 10 inches. The moisture content and compaction of subgrade soils should be maintained until slab or pavement construction. A minimum setback of 5 feet is recommended between the tank foundation and the slope face Fill Materials and Placement All fill materials should be inorganic soils free of vegetation, debris, and fragments larger than six inches in size. Pea gravel or other similar non-cementitious, poorly-graded materials should not be used as fill or backfill without the prior approval of the geotechnical engineer. Clean on-site soils or approved imported materials meeting the specification contained herein may be used as fill material for the following: general site grading exterior slab areas foundation areas foundation backfill tank floor areas On-site or imported soils for use as fill material within proposed tank area should conform to low volume change materials as indicated in the following specifications: Percent Finer by Weight Gradation (ASTM C 136) 6" No. 4 Sieve No. 200 Sieve... 35(max) Responsive Resourceful Reliable 6

273 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Liquid Limit (max) Plasticity Index (max) Maximum expansive potential (%)* *Measured on a sample compacted to approximately 95 percent of the ASTM D698 maximum dry density at about 3 percent below optimum water content. The sample is confined under a 100 psf surcharge and submerged/inundated. Imported soils for use as a free-draining gravel base material between the tank slab and subgrade should conform to the following specifications: Percent Finer by Weight Gradation (ASTM C 136) 1" ¾ No. 4 Sieve No. 10 Sieve No. 200 Sieve Liquid Limit... NP (max) Plasticity Index... NP (max) Engineered fill should be placed and compacted in horizontal lifts, using equipment and procedures that will produce recommended moisture contents and densities throughout the lift. Fill lifts should not exceed 10 inches loose thickness Compaction Requirements Recommended compaction and moisture content criteria for engineered fill materials are as follows: Material Type and Location Per the Standard Proctor Test (ASTM D 1557) Minimum Compaction Requirement (%) Range of Moisture Contents for Compaction Minimum Maximum On-site sand or approved imported fill soils: Beneath foundations: 95-3% +3% Beneath tank slab: 95-3% +3% Aggregate base 95-3% +3% Responsive Resourceful Reliable 7

274 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Material Type and Location Per the Standard Proctor Test (ASTM D 1557) Minimum Compaction Requirement (%) Range of Moisture Contents for Compaction Minimum Maximum Miscellaneous backfill 90-3% +3% Grading and Drainage Positive drainage should be provided during construction and maintained throughout the life of the structure. Infiltration of water into utility trenches or foundation excavations should be prevented during construction. Planters and other surface features which could retain water in areas adjacent to the tank should be sealed or eliminated. In areas where sidewalks or paving do not immediately adjoin the tank, we recommend that protective slopes be provided with a minimum grade of approximately 5 percent for at least 5 feet from the perimeter of the structure. Backfill against footings, exterior walls, and in utility line trenches should be well compacted and free of all construction debris to reduce the possibility of moisture infiltration. Since this will be a partially buried tank, consideration should be given to the installation of a drain system along the base of the tank wall that will retain earth Slopes For permanent stable slopes in compacted cut areas, recommended maximum configurations for on-site materials are as follows: Maximum Slope Configuration Soil Type Poorly Graded to Silty Sand Horizontal: Vertical (H:V) 3H:1V Temporary construction slopes in sand may have a maximum slope configuration of 1H:1V. The face of all slopes should be compacted to the minimum specification for fill embankments. Alternately, fill slopes can be over-built and trimmed to compacted material. As previously outlined, existing slopes steeper than 5:1 (H:V) should be benched prior to fill placement to create a relatively level surface to receive fill. A minimum setback of 5 feet is recommended between the tank foundation and the slope face Corrosion Potential Results of soluble sulfate testing indicate concentrations of 43 to 130 mg/kg. Based upon the test results, ASTM Type I or I-II Portland cement is suitable for all concrete on and below grade. Responsive Resourceful Reliable 8

275 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Foundation concrete should be designed in accordance with the provisions of the ACI Design Manual, Section 318, Chapter 4. Laboratory test results indicate that the soil sample exhibits resistivity values of 807 to 1,960 ohm-centimeters, and ph values of about 8.2 to 9.0. These values should be used to determine potential corrosive characteristics of the on-site soils with respect to contact with the various underground materials which will be used for project construction. 4.3 Foundation Recommendations The water storage tank can be supported by a concrete slab with thickened edges foundation system bearing on undisturbed native soils or engineered fill. Design recommendations for foundations for the proposed structure and related structural elements are presented in the following paragraphs Design Recommendations Foundation Type DESCRIPTION VALUE Concrete slab with thickened edges Structure Bearing Material Allowable Bearing Pressure Minimum Dimensions Minimum Embedment Depth Below Finished Grade Total Estimated Movement Estimated Differential Settlement Water storage tank Existing native soils and/or newly placed engineered fill required to raise the site to construction grade Minimum 6-inch thick layer of gravel between tank floor/thickened edges and subgrade Thickened slab: 4,500 psf Thickened edge: 24 inches* Exterior - 24 inches Foundation:1 inch Tank floor: 1 to 1 ½ inches ¾ inch or less *Dimension and reinforcing steel to be specified by structural engineer to eliminate punching failure Finished grade is defined as the lowest adjacent grade within five feet of the foundation for perimeter (or exterior) footings. The allowable foundation bearing pressure applies to dead loads plus design live load conditions. The design bearing pressure may be increased by onethird when considering total loads that include wind or seismic conditions. The weight of the foundation concrete below grade may be neglected in dead load computations. Foundations should be proportioned to reduce differential foundation movement. Proportioning on the basis of equal total settlement is recommended; however, proportioning to relative Responsive Resourceful Reliable 9

276 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No constant dead-load pressure will also reduce differential settlement between the center and perimeter of the tank. Additional foundation movements could occur if water from any source infiltrates the foundation soils; therefore, proper drainage should be provided in the final design and during construction. Foundations should be reinforced as necessary to reduce the potential for distress caused by differential foundation movement Foundation excavations and engineered fill placement should be observed by the geotechnical engineer. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required Construction Considerations Areas of loose soils may be encountered at foundation and tank floor bearing depth after excavation is completed for the foundation/tank. When such conditions exist beneath the planned foundation area, the subgrade soils should be surficially compacted prior to placement of the foundation system. If sufficient compaction cannot be achieved in-place, the loose soils should be removed and replaced as engineered fill. The overexcavation and backfill procedure is described in the figure below. Side walls should be sloped or braced for stability as required by OSHA Global Stability Global stability of the slope was performed as part of this analysis. The computer program Slide by RocScience was used to model the critical failure surfaces using Modified Bishop s approach for circular failure geometry. Soil strength data used in our analysis was based upon the results of the field and laboratory testing programs and is presented on the individual slope stability profile. The soil information, slope stability profiles, and cross sections are included in Appendix C. Responsive Resourceful Reliable 10

277 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Based on the cross sections provided and soil parameters developed, results of the End-Of- Construction global slope stability analysis are as follows: END-OF-CONSTRUCTION CONDITION FACTOR OF SAFETY (FOS) Static Seismic 3H:1V The stability analysis indicates that the soil profiles meet the minimum factor of safety. 4.4 Seismic Considerations DESCRIPTION VALUE 2012 International Building Code Site Classification (IBC) 1 C 2 Site Latitude N Site Longitude W S s Spectral Acceleration for a Short Period 0.482g S 1 Spectral Acceleration for a 1-Second Period 0.145g S Ms Spectral Acceleration for a Short Period 0.578g S M1 Spectral Acceleration for a 1-Second Period 0.240g S Ds Spectral Acceleration for a Short Period 0.385g S D1 Spectral Acceleration for a 1-Second Period 0.160g Estimated Peak Ground Acceleration 0.140g F a Site Coefficient for a Short Period F v Site Coefficient for a 1-Second Period Note: In general accordance with the 2012 International Building Code, Table IBC Site Class is based on the average characteristics of the upper 100 feet of the subsurface profile. 2 Note: The 2012 International Building Code (IBC) requires a site soil profile determination extending to a depth of 100 feet for seismic site classification. The current scope does not include the required 100 foot soil profile determination. Borings extended to a maximum depth of 66-½ feet, and this seismic site class definition considers that very dense/hard soil continues below the maximum depth of the subsurface exploration. Additional exploration to deeper depths would be required to confirm the conditions below the current depth of exploration. Responsive Resourceful Reliable 11

278 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No Tank Floor Design Recommendations DESCRIPTION Tank floor system Tank floor slab support Subbase Modulus of subgrade reaction Slab-on-grade concrete. VALUE Existing native soils and/or newly placed engineered fill required to raise the site to construction grade Compacted subgrade/engineered fill 250 pounds per square inch per inch (psi/in) (The modulus was obtained based on our experience with similar subgrade conditions, and estimates obtained from ACI design charts.) Construction of the tank slab on native soils or engineered fills composed of on-site soils is considered acceptable for the project. In addition, we recommend that a minimum 6-inch thick layer of gravel be placed as a levelling course between the tank slab and existing subgrade. Additional slab movements could occur if water infiltrates the soils; therefore, proper drainage must be provided in the final design. To reduce potential slab movements, the subgrade soils should be prepared as outlined in the earthwork section of this report Construction Considerations Some differential movement of the tank floor slab is possible should the subgrade soils become elevated in moisture content. Such movements are anticipated to be within general tolerance for normal slab-on-grade construction. The engineered fill and subgrade soils should be placed as outlined in the Earthwork section of this report. 4.6 Lateral Earth Pressures Design Recommendations For soils above any free water surface, recommended equivalent fluid pressures for unrestrained foundation elements when using on-site soils as backfill are: ITEM SOIL TYPE VALUE Active Case On-site sand soils 35 psf/ft Passive Case On-site sand soils 400psf/ft At-Rest Case On-site sand soils 55 psf/ft Coefficient of Base Friction On-site sand soils Gravel layer (min. 6 ) Note: The coefficient of base friction should be reduced by 15 percent when used in conjunction with passive pressure and a minimum factor of safety of 1.5 should be used against sliding. Responsive Resourceful Reliable 12

279 Geotechnical Engineering Report Well 10A Reuse Tank Rio Rancho, New Mexico June 3, 2015 Terracon Project No The lateral earth pressures herein do not include any factor of safety and are not applicable for submerged soils/hydrostatic loading. Additional recommendations may be necessary if such conditions are to be included in the design. Fill against foundations (if applicable) should be compacted to densities specified in the Earthwork section of this report. Compaction of each lift adjacent to walls should be accomplished with hand-operated tampers or other lightweight compactors. 5.0 GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide observation and testing services during grading, excavation, foundation construction and other earth-related construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations that may occur between borings, across the site, or due to the modifying effects of construction or weather. The nature and extent of such variations may not become evident until during or after construction. If variations appear, we should be immediately notified so that further evaluation and supplemental recommendations can be provided. The scope of services for this project does not include either specifically or by implication any environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the potential for such contamination or pollution, other studies should be undertaken. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this report in writing. Responsive Resourceful Reliable 13

280 APPENDIX A FIELD EXPLORATION

281 APPROXIMATE SITE LOCATION Source: USGS 7.5-Minute Topographic Maps Editions Loma Machete, New Mexico, United States, dated Project Mngr: MJD Drawn By: N/A Checked By: MEA Approved By: MEA Project No Scale As Shown File No. Date: 5/ Hawkins, NE Albuquerque, New Mexico Fax: SITE LOCATION MAP Well 10A Reuse Tank 37 th St. NE and Northern Blvd. NE Rio Rancho, New Mexico FIG No. A1