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Res 03-36 Awarding the Bid for Water System ImprovementsTOWN OF WESTLAKE RESOLUTION NO. 03-36 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AWARDING THE BID FOR WATER SYSTEM IMPROVEMENTS. WHEREAS, the Town took bids on the SCADA and PRV Valve that were opened on May 15, 2003. WHEREAS, Wheco Electric, Inc. was the low bidder at $57,617.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake does hereby authorize the Town Manager to enter into a contract on behalf of the Town with Wheco Electric, Inc. for the SCADA and PRV Valve. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 14TH DAY OF JULY 2003. ATTEST: Scott Bradley, Mayor f Inge rosswy, Town S etary Trent O. Petty, T,. Manager APPROVED AS TO FORM: L. CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER SYSTEM IMPROVEMENTS SCADA SYSTEM FOR OPERATING AND MONITORING WATER SYSTEM 8" PRV VALVE, 16" CONTROL VALVE DIFICATION FOR TOWN OF WESTLAKE JOB NO. t. t4! OF Tk�ti` �• q i tai 1 t ......... .. .. ...... .. EDDIE L. CHEA?HAM +................................. d°i o1 294 , ;' s �' �,SS�ONAL �.N Prepared By: Cheatham & Associates 1601 E. hamar Blvd., Suite 200 Arlington, TX 76011 817/548-0696 - Metro 817/265-8836 CHEATHAM �-� AND ASSOCIATES ii` IMPROVEMENTSWATER SYSTEM SCADA SYSTEM FOR OPERATING AND MONITORING WATER SYSTEM ?," PRV VALVE, 16" CONTROL VALVE MODIFICATION This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. A. The Bid Opening Date has been changed from May 8, 2003 at 2:00 PM to May 15, 2003 at 2:00 PM. This completes Addendum No. 1. Eddie Cheatham, P.E. FAWORD\WESTLAKE-10 6\404\ADD#1SCADA.DOC ENGINEERS ® PLANNERS ® SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. - 1601 E. Lamar Blvd. ® Suite 200 ® Arlington, Texas 76011 817/548-0696 ® Metro 265-8836 ® Fax 8171265-8532 CHEATHAM AND ASSOCIATES WATERSYSTEM IMPROVEMENTS SCADA SYSTEM FOR OPERATING AND MONITORING WATER SYSTEM 8. ry,CONTROLMODIFICATION This Addendum forms a part of the Contract Documents and Specifications. Acknowledge receipt of the Addendum in the space provided in the Bid Form and on the outer envelope of Bid Proposal. Failure to acknowledge receipt of this Addendum may subject Bidder to disqualification. A. Construction Plans — Sheet 2 of 2 Added 12" gate valve and valve box to be installed on existing 12" water line. This completes Addendum No. 2. Bill Lohrke, Project Manager F:\WORD\WESTLAKE - 1056\404\ADD#2SCADA.DOC ENGINEERS ® PLANNERS ® SURVEYORS A Subsidiary Firm of Southwest Planning and Design, Inc. 1601 E. Lamar Blvd.. Suite 200 ® Arlington, Texas 76011 817/548-0696 ® Metro 265-8836 ® Fax 817/265-8532 1. Advertisement for Bid 2. Notice for Bidders 3. Proposal 4. Maintenance Bond 5. Performance Bond 6. Payment Bond 7. Standard Form of Agreement 8. Certificate of Insurance 9. Wage Rates 10, Specifications 11. Special Conditions 12. General Conditions I" Advertisement: April 20, 2003 2"d Advertisement: April 27, 2003 1056-404 Project Number: Town of Westlake Owner Separate sealed bids for Water System Improvements — SCADA System for Operating and Monitoring Water System, 8" PR Valve, 16" Control Valve Modification will be received by the Town of Westlake addressed to the City Secretary at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262, until 2:00 P.M. Local Time, May 8, 2003, and then publicly opened and read aloud at the City Council Chambers located at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262. The Plans, Contract Documents and Specifications may be examined at the following: Cheatham & Associates 1601 E Lamar Blvd., Suite 200 Arlington, Texas 76011 Copies may be obtained at the office of Cheatham & Associates, 1601 E. Lamar Blvd., #200, Arlington, Texas upon payment of $35.00 for each set. This payment is non-refundable. The Owner reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information of Bidders. The successful bidder must (when called upon) demonstrate adequate and substantial documented experience in the construction disciplines necessary for constructing the project. Appropriate instructions and bidder experience requirements are described elsewhere in the bound contractual documents. No bidder may withdraw his bid within 60 days after the actual date of opening thereof. The City of Westlake (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner addressed to the City Secretary until 2:00 P.M., Local Time, May 8, 2003, and then publicly opened and read aloud in the office of the City Secretary. The envelopes containing the bids must be sealed, addressed to the City Secretary at Town of Westlake, 3 Village Circle, Suite 207 Solana, Westlake, Texas 76262 and designated as Bid for Water System Improvements — SCADA System for Operating and Monitoring Water System, 8" PR V Valve, 16" Control Valve Modifications. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid maybe withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 60 days after actual date of the opening thereof. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. if forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. I -IT x The Owner invites the following bid(s): As noted in proposal The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The 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 contract and to complete the work contemplated herein. Accordingly, bidder participants, whether general contractor, prime contractor, joint venture contractor or sub -contractor, shall provide documented evidence ofhaving successfully completed at least five (5) projects of a similar nature to the project being bid. Also, the bidder shall perform a minimum of 30%. of the project scope with a workforce directly employed by the bidder. Bidder shall be required to submit references of previous projects for which owner to verify references. This experience documentation shall be submitted prior to, and as a special requirement for, being considered for award of the contract for the subject project. Conditional bids will not be accepted. 5. BID SECURITY Each bid must be accompanied by a certified check of the bidder, or a bid bond, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of the bid. Such checks, or bid bonds will be returned to all except the three lowest bidders within thirty days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. Bidders must agree to commence work on or before a date to be specified in a written "Notice To Proceed" of the Owner and to fully complete the project within the specified time as stated in the proposal. Bidder must agree to pay liquidated damages, as per Item 1.36.1 of the "North Central Texas Council of Governments Standard Specifications for Public Works Construction." Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. No interpretation of the meaning of plans, specifications, or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Cheatham & Associates, 1601 E. Lamar Blvd., #200, Arlington, Texas 76011 and to be given consideration, must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective address furnished for such purposes), not later than three days prior to the date fixed for opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. X01LIVATJ V• !My M!• Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. Attention is particularly called to those parts of the contract documents and specifications which deal with the following: (a) Inspection and testing of materials (b) Insurance requirements (c) Wage rates (d) Stated allowances The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner is available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. No combined or conditional bids will be accepted. At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve the bidder from any obligation in respect to his bid. Is It is understood that the quantities of work to be done at unit prices is approximate only and are intended principally to serve as a guide in evaluating bids. Any change order will be approved by the Owner prior to work being started on said change. It is further agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth except as provided for in the specifications. The Owner reserves the right to increase or decrease the amount of work to be done by any amount not to be exceeded by twenty-five percent (25%) of the original contract amount. In the event the increase pertains to items not originally bid, the Contractor shall submit a bid in writing to the Engineer for approval. It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer but not shown on the plans or required by the specifications, in accordance with the provisions of the general conditions; similarly, they may be decreased to cover deletion of work so ordered. The Owner reserves the right to reject the Contractor's bid on such extra work and secure such work to be done other than by said Contractor. W�MMURWWRAMIVR Maintenance Bonds to cover defective workmanship of materials are required for all projects in the amounts and time periods as discussed in the Special Conditions. 111Y:L To: Town of Westlake Bid Date: May 15, 2003 For: Water System Improvements Job No. 1056-404 SCADA System for Operating & Monitoring Water System, 8" PR Valve, 16" Control Valve Modification Pursuant to the foregoing "Notice for Bidders", the undersigned bidder having thoroughly examined the contract documents, including plans, specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and material, except as specified to be furnished by the City, which is necessary to fully complete all of the work as provided in the plans and contract documents and subject to the inspection and approval of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond and such other bonds, if any, as may be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sums: PROPOSALSCHEDULE ITEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURES NO. AND UNIT UNIT TOTAL 1 L.S. Furnish and install a complete SCADA System for operating and monitoring the water systems, to include all parts, equipment, labor, tools and incidentals complete in place for the sum of Thirtv Four Thousand Eikht Hundred Ninety Seven Dollars No Cents per lump sum $ 34, 897.00 $ 34 897.00 2. 1 L.S. Furnish and install, to include all equipment, tools, labor, wiring and incidentals required to convert the method of operation for the high service pumps at the existing booster pump station at Hwy. 377 from a hydro pneumatic system to a system that operates the booster pumps via SCADA System based on preset levels (pressure differential cells) of water within the new elevated storage tank, complete in place for the sum of Eight Hundred Twenty Four Dollars No Cents per lump sum S 824.00 $ 824.00 3. 1 L.S. Furnish and install an 8" pressure reducing valve, concrete valve vault, bypass piping, valves, fittings, taps and appurtenances to be installed on a 12" water line on Dove Road, south of Precinct Line Road, to include all labor, tools, equipment, parts and incidentals, complete in place for the sum of Twenty One Thousand Six Hundred Ninety Six Dollars No Cents per lump sum S 21 696.00 S 21 696.00 P-1 FTEM QUANTITY DESCRIPTION & PRICE IN WORDS PRICE IN FIGURVIM, NO. I UNIT UNIT TOTAL 4. 1 L.S. I_117itYY��/�f_�NY�1:7►/��I�1 Erosion control and implementation systems, complete in place for the sum of Two Hundred Dollars No Cents per lump sum $ 200.00 $ 200.00 TOTAL AMOUNT BASE DID $ 57,617.00 (Sum of Item Nos. 1 - 4) 5. 1 L.S. Furnish and install a V -port throttling plug to be retrofitted on the 16" Bermad electronic positioning supply line control valve (Booster Pump Station, Hwy. 377), to include the lifting -off of the valve vault concrete lid and the repositioning of said lid after retrofitting the valve. Additionally, this work will include installing and connection of a 1" PVC Sch. 80 potable water high-pressure supply line that will be connected to the valve's hydraulic ports in order to properly operate the valve, the 1 " water supply will require the saw cutting and replacing of the entrance drive, all piping, valves and incidentals is required complete in place for the sum of Five Thousand One Hundred Ninety Eight Dollars No Cents per lump sum $ 5,198.00 $ 5,198.00 T®TAI., AMOUNT ALTERNATE BID (Sum of Item Nos. 1 - 5) ' I1 ��TATEMENT OF MATERIALS AND OTHER CHARGES :,_ 1, ALL OTHER CHARGES: `This total must agree with the total amount bid. 38.290.00 $ 19.327.00 For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no more than the invoice price for such material to the Contractor. ALTERNATEBID MATERIALS INCORPORATED INTO THE PROJECT ALL OTHER CHARGES: *This total must agree with the total amount bid. S 3,118.80 8 2,079.20 For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material Incorporated into the project in excess of the estimated quantity provided for herein will be no more than the invoice price for such material to the Contractor. �3 PART B - PROPOSAL (Continued) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the Owner in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within 10 calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within 125 calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 May 1, 2003 (SEAL) if bidder Corporation Addendum No. 2 May 9, 2003 Addendum No. 3 Respectfully submitted Tit e 3200 Joyce Drive Address Ft. Worth TX 76116 City, State, Zip 8171244-6660 Phone 8171560-3263 ax I TWO YEAR/TWENT• , RCENTTOWN OF MAINTENANCE Bond No. 103933593 STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That Wheco Electric Inc. (NAME OF CONTRACTOR) AS PRINCIPAL, AND Farmington Casualty Company (NAME OF SURETY) a corporation organized under the laws of the State of Connecticut and authorized to do business in the State of Texas, as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the Town of Westlake (NAME OF OWNER) a municipal corporation, the sum of Eleven Thousand Five Hundred Twenty Three and 40/100 (AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE) Dollars ($ 11, 523.40 ) for the payment of which sum will and truly to be made unto said Town of Westlake (NAME OF OWNER) and its successors, said principal and sureties do hereby bind themselves their assigns, and successors jointly and severally. This obligation is conditioned, however, that, whereas said Wheco Electric Inc. (NAME OF CONTRACTOR) has this day entered into a written contract with said Town of Westlake (NAME OF OWNER) to build and construct the SCA DA System for Operating & Monitoring Water .System 8" PR Valve 16" Control Valve Modification (DESCRIPTION OF PROJECT AS IT APPEARS ON COVER OF CONTRACT DOCUMENTS) which contract and the plans and specifications therein mentioned and adopted by the Town of Westlake (NAME OF OWNER) are hereby expressly made a part thereof as though the same were written and embodied herein. MBS -1 WHEREAS, under the specifications and contract, it is provided that the Contractor shall maintain and keep in good repair the work constructed and/or equipment furnished by him as contemplated by the plans, specifications, drawings, etc., and perform for a period of Two 2 year(s). The period shall be two (2) years from the date of acceptance as shown on the "Certificate of Completion" as issued by the Engineer, or the date of final payment by the Owner, whichever bears the later date, all necessary repairs, reconstruction and renewal of any part of said construction, and to furnish the labor and materials to make good and to repair any defective condition growing out of or on account of the breakage or failure of any substance or the improper function of any part of the construction work. The Contractor shall reimburse the Owner for the costs of all Engineering and special services required to be furnished by the Owner which are directly attributable to the restoration of the constructed work. Said maintenance contemplates the complete restoration of the constructed work to a functional use during the said period as set forth above. It is being understood that the purpose of this section is to require the correction of all defective conditions resulting from materials furnished or work and labor performed by the said Contractor under the conditions prescribed by the plans and specifications; and in case the said Contractor shall fail or refuse to perform as provided within ten (10) days after proper written notifications have been furnished to him by the Owner, it is agreed that the Owner may do said work and supply such materials and the said Contractor and Sureties herein shall be subject to the liquidated damages mentioned in said Contract for each calendar day's failure on its part to comply with the terms of the said provision of said Contract of this Maintenance Bond. NOW THEREFORE, if the said Contractor shall keep and perform its said agreement to maintain said work and keep the same in good repair for the said maintenance period as provided above, then these presents shall be null and void and have no further effect, but if default shall be made by the said Contractor in the performance of its contract to do so maintain and repair damages in the premises, as provided, and it is further understood and agreed that this obligation shall be a continuing one against the principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any mamler affected from any clause during said time. IN WITNESS WHEREOF, the said neco Electric Inc. (NAME OF CONTRACTOR) has caused these presents to be executed by President, Kent A. Meyer°hoe ffer (NAME OF CONTRACTOR'S AUTHORIZED SIGNER) and the said Farmington Casualty Company (NAME OF SURETY) has caused these presents to be executed by its Attorney -in -Fact, Sheryl A. Klutts and the said Sheryl A. Klutts (ATTORNEY-IN-FACT) (ATTORNEY-IN-FACT) has hereto set his hand this the 1st day of August 1 2003 . SURETY Farmin t n .fasualt; Company By: Sheryl A. Mutts, Attorney -in -Fact AMS'n WITNESS AS TO SURETY: By:d �c o . er Wheco tric I Kent A. yerhoef er re dent NOTE: Date of Maintenance Bond must not be prior to date of contract. Power of Attorney must be attached. Travelers 'ITT On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage f certain losses caused by international acts of terrorism as define in the Act. The Act further provides that the Federal Governme will pay a share of such losses. Specifically, the Feder Government will pay 90% of the amount of covered losses cause by certain acts of terrorism which is in excess of Traveler statutorily established deductible for that year. The Act also cap the amount of te rrorism- related losses for which the Feder Government or an insurer can be responsible $100,000,000,000.00, provided that the insurer has met i deductible. Please note that passage of the Act does not result in any changi in coverage under the attached policy or bond (or the policy• bond being quoted). Please also note that no separate addition premium charge has been made for the terrorism coverag• required by the Act. The premium charge that is allocable to suc coverage is inseparable from and imbedded in your over premium, and is no more than one percent of your premium. TAAVELERS CASUALTY AND SURETY COMPANY1' TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY C • ,+ Connectkut 061&3-9%2. , TRAVELERS COMPANY OF ILLINOIS Naperville, Minols .i . � � :'. ,. . .:, .�. � it ` ' . .� • .. t: , + i,, ,� • !,. a •• f - • • t: .!f' .. t; � i' is • as .••1 • • l.:1 :il a- ':!- .• !- • 1 1• . • t, t• a ii. •s� - �- • .•-. _ • 1 • >f '.•- - • e• - f."• _ t'n:l.1 •: . • !e.•- a! -a :•c ,••• -• • •• 1 f- - r - - - • if .f••' 1t1 t. ( tt F. -••... '• " - "• • 1" • is ! .1- f -F. -• [ • 1 1'. - :-.. !- -.•- 7Jt. ,.••. t t - i:' 'J/:: .!:• !•; fi t• '. iJt •1 f 1•` f •:.f i• •• t 1 1 / 1 i i i L':t / 1 1 •. ':1 .. '1 is t t " 7 tl • :•: t ?.: ! :'.. � ii •. '• '.'J1 t f `- i 1. :"". 'F i /, f •.,• 1 i i.N ! .. • f • ':!f . f ; Ili ' ..:. • • .'. a • -' ! f • a ' .. 1'. • ' " ' f f • '::.. t • !tl • , • 1 " 1 a f [ ; .. Et i : : 1 ., •w /: i :� :• c - •-• t -• ♦ - i_ :1 - _, as r • , • s ♦ • ! ...; / : • _i ♦' a. T : i :1 i. 11 : U. - C • • • i p:- 1 f • • ,. • t 9 A: • : -' • i. ♦ : • '•::- ♦ +1:: i ♦:•..i :1.1:1•' • :. ..: - •,•i •:/ "-w: •-•!•- -..17• -' •tY:: •: a' •.•.. f...•.•a '.. /• ♦:• !:•.. - •" ••1• ••J• ;: 1 - ♦- i•• •1: ♦.- : i♦.` 1• • • •:: t1 G • • i•: • • I� :. !� : •fl- U :- :111• - :1 :•,., �,. moi•: .. , .. .1 f• _. '7 :1 1. • ♦ t:-, V : That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed. in the office of the Secretary. VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond,. recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President; any, Vice Chairman, any Executive Vice President, _ any Senior Vice President Wany Vice President; any Second Vice President, the Treasurer:, any Assistant Treasurer, the Corporate ,Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by. a Secretary. or Assistant Secretary, or (b). duly executed' (under seal, if required) by one or more Attorneys -in -Fact. and Agents pursuant to the power prescribed in his or her certificateor their certificates of authority .or byon :or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and seemed by fac ° e der' and by authority of the following Standing Resolution voted by the. Boards of Directors of TRAVELERS CASUALTY- SURETY C .,OF AMERICA, LE CASUALTY SURETY COWANY9 FARMINGTON CASUALTY COMPANY and TRAVELERSCASUALTY AND SURETY COWANY OF ILLINOIS, which Resolution is now in full force and effect; VOTED: That the signature of each of the following officers: President, any Executive Vice; President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant' Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature' or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Travelersi 1 1 1►1 11511111911 . 1 1' You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Compay, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267)675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Wheco Electric. Inc. of the City of Fort Worth , County of Tarrant , and State of Texas , as principal, and Farmington Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto Town of Westlake (Owner), in the penal sum of Fifty Seven Thousand, Six Hundred Seventeen and 00/100 Dollars ($ 57,617. QQfor the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 1st day of August 2003 , to SCADA System. for Operating & Monitoring Water System, 8" PR Valve, 16" Control Valve Modification which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. * Not applicable for federal work. See "The Miller Act," 40 U.S.C. 5270. EM IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1st day of August 2003 YVheco Ekstric, Inc Principal r, rK / By: Kent A. Meyerhoe fer Title: President Address: 3200 Joyce Dr. Fort Worth, TX 76116 Farmington C, sualty Company Surety, By: a 4eryl Klutts Title: Attorney -i n- Fact Address: Hartford, CT 60563-8458 The name and address of the Resident Agent of Surety is: John A. Miller & Associates, Inc. P. 0. Box 7214, 234 Emma Street, Fort Worth, TX 76111 PAYMENTBOND Bond No. 103933593 STATE OF TEXAS § CiLilil►�riLi�����:i:7�j1��:] KNOW ALL MEN BY THESE PRESENTS: That Wheco Electric, Inc. of the City of Fort Worth , County of Tarrant , and State of Texas , as principal, and Farmington Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto Town of Westlake (Owner), in the penal sum of Fifty Seven Thousand, Six Hundred Seventeen and 00/100 Dollars (S 57, 617.00 J for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the I st day of August 2003 , to SCADA System for Operating & Monitoring Water System, 8" PR Valve, 16" Control Valve Modification which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this is day of August , 2003 Address: 3200 Joyce Dr. Fort Worth, TX 76116 Farmington ;Casualty Company surety By: Sher° A. K1utts Title: Attorney -i.0 -Fact Address: Hartford, CT 06183-9062 The name and address of the Resident Agent of Surety is: John A. Miller & Associates, Inc. P. 0. Box 7214, 234 Emma St., Fort Worth, TX 76111 STATE OF TEXAS THIS AGREEMENT, made and entered into this 1st day of August , 2003 by and between the Town of Westlake of the County of Tarrant and State of Texas, acting through Honorable Mayor and the Town Board o"dermen thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and Wheco Electric Inc. of the City of Fort Worth , County of Tarrant and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: SCADA System for Operating & Monitoring Water System, 8" PR Valve, 16" Control Valve Modification and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date, written notice to do so shall have been given to him, and to substantially complete the same within 125 calendar days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. SF -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Town of Westlake Party of the First Part (OWNER) By: B ATTEST: A SF -2 Wheco Electric. Inc. ACOHP,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 1 07/22/2003 PRODUCER Serial # 100301 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN A. MILLER & ASSOCIATES, INC. P. O. BOX 7214 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. FORT WORTH, TX 76111-0214 PHONE: (817) 834-7111 FAX: (817) 834-7115 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: BITUMINOUS CASUALTY CORPORATION 19356 WHECO ELECTRIC, INC, ET AL INSURER B: CLARENDON NATIONAL INSURANCE CO. 20532 3200 JOYCE DRIVE INSURER C: FORT WORTH, TX 76116 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,_000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR _ PREMMAGE OER occu ante $ Y m 100,000 MED EXP (Anyone person) $ 10,000 A X X $1,000 P. D. DEDUC- CLP 3148508 08/30/2002 08/30/2003 PERSONAL &ADV INJURY $ 1,000,000 TIBLE PER OCCUR. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JEC - ECT LOC AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ A X ALL OWNED AUTOS SCHEDULED AUTOS CAP 3148509 08/30/2002 08/30/2003 BODILY INJURY $ (Per accident) X HIRED AUTOS XNON-OWNEDAUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ® CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY ANY ECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 101000000656102 08/30/2002 08/30/2003 X TORY LIMITS OER EL EACH ACCIDENT $ 500,000 EL DISEASE - EA EMPLOYEE $ 500,000 EL DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: SCADA SYSTEM FOR OPERATING & MONITORING WATER SYSTEM, 8" PRV VALVE, 16" CONTROL VALVE MOD. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT WORKER'S COMPENSATION). A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER IS INCLUDED ON ALL POLICIES. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN TOWN OF WESTLAKE 3 VILLAGE CIRCLE, SUITE 207 WESTLAKE, TX 76262 NOTICE TO THE CERTIFICATE HOLD �RAnn D TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATI O LIABILITY OF ANY KIND UF3ON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES T VE OF I PENDENT INSU a ACORD 25 (2001/08) _ M015RD CORPORATION 1988 C:\FMPRO\CERTPROS.FP5 All construction shall be subject to the inspection and approval of the Engineer, and/or Inspectors of the Town of Westlake. The Standard Specifications for Public Works Construction byNorth Central Texas Council of Governments (NCTCOG) and the Standard Specifications of the City of Fort Worth Water Department shall govern the construction of this project, unless otherwise noted in these specifications, or on the construction plans. In the event of a conflict of the specifications, the Engineer shall determine which specification shall govem for a particular circumstance. References are made to such specifications as if they were embodied and bound into this Contract Document/Specification Book. Torun of Westlake, Water System improvements Section 16920 Cheatham No. 1056-404 Radio Systems April, 2003 Page 1 of 3 PART i - GENERAL 1.01 SCOPE A. This section covers radio systems, antenna, antenna poles and antenna cable. Furnish and install all equipment and materials as shown on the drawings and specified herein. Work shall include all necessary materials, equipment, labor, and services. B. Auxiliary and accessory devices necessary for system operation or performance, such as relays din connectors, or terminals to interface with other Sections of these Specifications, shall be included. 1.02 QUALITY ASSURANCE A. Comply with Section 16910, Part 1.02 1.03 RELATED WORK Section 16910, Instrumentation 1.04 SUBMITTALS AND SHOP DRAWINGS A. Process catalog submittals, and equipment data for the following: 1. Radios 2. Antenna 3. Antenna cable 4. Surge protectors 5. Antenna towers B. Submit shop drawings for: 1. Wiring diagrams for pin -out connections 2. Antenna towers PART 2 - PRODUCTS 2.01 RADIOS A. Radios shall be unlicensed spread spectrum radios suitable for use on a multiple address system (MAS). The radios shall use the "frequency hopping method" of spread spectrum technique and shall have a maximum transmitter power of one watt. B. Radios shall operate at a data rate of 19,200 bps. Radio system shall be installed within the limitations of FCC Part 15 for unlicensed operations. C. All radios shall be mounted in SCADA enclosures and powered off of the 24VDC power supply. All cables, connectors, etc. required for operation shall be furnished. Submit detailed Town of Westlake, Water System Improvements Section 16920 Cheatham No. 1056-404 Radio Systems April, 2003 Page 2 of 3 wiring diagrams of RS232C pinout connections to RS485 converters, isolators, computers and RTU's with shop drawings. D. Furnish Microwave Data Systems (MDS) model 9810. Furnish one spare radio for the master' RTU site location. 2.02 DIRECTIONAL ANTENNAS A. Directional antennas shall be Yaggi type and shall have a 6 dB gain. Furnish Samco Antennas model SAM -936 antennas. Directional antennas shall be used at all remote sites unless otherwise noted. B. Yaggi antennas shall be configured for vertical polarization and shall be mounted at least 18" below top tip of tower. 2.03 ANTENNA CABLE AND ACCESSORIES A. Antenna cable for the remote sites shall be 1/2" Andrew Heliax #LDF4-50A coaxial cable. B. Antenna cable for the omnidirectional antennas shall be 7/8" Andrew Heiliax. C. Each antenna cable shall be grounded at the base to the tower with a Decibel Products #DB 11600 series grounding strap kit. D. Each antenna cable shall have a Poiyphasor model IS- 50NX-C2 grounded surge arrestor at the bottom of the RTU or radio enclosure. E. Connectors shall be N type, Andrew 7/16 DIN. F. Furnish 1/2" foam superflex, Andrew #FS34-50A for final connections to antenna and radio and where indicated on the drawings. Superflex shall have factory installed connectors. 2.04 REMOTE ANTENNA TOWERS A. Unless otherwise indicated on the drawings, antenna towers shall be constructed of triangular type welded steel members and shall be hot dipped galvanized after fabrication. Towers shall be as detailed on the drawings with height as scheduled. B. Towers shall be furnished with 10' anti -climbing section at the bottom C. Poles shall be as manufactured by Rohn, or equal. 2.05 . ANTENNA WALL MOUNT BRACKETS A. Wali mount brackets for mounting antennas to buildings shall be stand off type with 1-1/2" pipe for mounting antenna. B. Wall mount brackets shall be Rohn or approved equal. Town of Westlake, Water System Improvements Section 16920 Cheatham No. 1056-404 Radio Systems April, 2003 Page 3 of 3 3.01 ANTENNA TOWER INSTALLATION A. Antenna height as noted on the drawings shall be the distance from the base of the pole to the centerline of the Yagi antenna. Tower erection shall be in accordance with manufacturer's instructions and shall be performed by qualified and experienced personnel. B. All towers and antennas shall be grounded as indicated on the drawings and as required by local and national codes. 3.02 ANTENNA AND CABLE INSTALLATION A. Weatherproof all outdoor connectors with shrink tubing, Decibel Products VB -8 Vapor -bloc. Carefully inspect installed cable for nicks and kinks. B. Check VSWR (voltage standing wave ratio) at each site after installation and submit test results to engineer for review. 3.03 RADIO INSTALLATION AND CONFIGURATION A. Radio configuration. Configure radios as simplex mode per manufacturer's instructions and record and submit for record all final programmed settings and operating parameters. B. Run poll test, link test and sync test with manufacturer's diagnostic software and submit results to Engineer for -review. Mask out channels that experience consistent interference from the hop pattern. END OF SECTION Town of Westlake, Water System Improvements Cheatham No. 1056-404 April, 2003 Section ,t, SCADA EW ment A. This section covers remote telemetry units. Furnish and install all equipment and materials as shown on the drawings and specified herein. Work shall include all necessary materials, equipment, labor, and services. B. Auxiliary and accessory devices necessary for system operation or performance, such as relays din connectors, or terminals to interface with other Sections of these Specifications, shall be included. C. All specifications in this section shall apply to Town of Westlake SCADA equipment. The SCADA System would interface and be compatible with any and all similar equipment now in use. A. Comply with Section 16910, Part 1.02. B. In addition, programmer of RTU system and HMI System shall have at least three (3) radio based SCADA installations of similar scope using the approved RTU, at least four of which have had Fix Dynamics, or Wonderware Intouch as the HMI. The company providing the SCADA system programming shall have a service facility within a 100 -mile radius of the Town of Westlake. The service facility shall have been in operation within the area specified for at least four years. A. Section 16910, Instrumentation B. Section 16920, Radio Systems C. Section 16940, Computers and HMI Systems A. Process catalog submittals, and equipment data for the following: 1. RTU's 2. Input/output modules 3. Input/output racks 4. Power supplies 5. Batteries B. Submit shop drawings for U® connection wiring. Wiring shall comply with Item 16910. Town of Westlake, Fater System Improvements Section 16930 Cheatham No. 1056-404 SCADA Equipment April, 2003 Page 2 of 5 A. RTU's shall be installed at all sites except those that are existing as indicated on the drawings. RTU's shall have the number of communications ports as indicated on the drawings. Four corn port RTU's shall have a minimum of 512K or memory. The RTU processor shall be a 16 bit, 25 mhz, or higher performance processor. B. RTU's shall have 110 modules as required to accommodate the 110 scheduled on the drawings. C. RTU shall be as manufactured by Control Microsystems. A. Furnish mixed UO modules where UO count is low. Mixed 1/0 modules shall have a minimum of 8 digital inputs, four relay outputs, and two analog inputs and may be built into the main CPU module. Inputs shall be optically isolated. B. Digital Input modules shall have 16 digital inputs and shall handle inputs from 10 to 28vdc. Digital input modules shall have optically isolated inputs. C. Digital Output modules shall have 16 digital outputs. Outputs shall be dry contact type, rated 1 amp at 120 vac. Relays shall be electrically held. D. Analog input modules shall have 8 isolated 4-20mA inputs. Inputs shall be optically isolated. E. Analog output modules shall have 8 isolated 4-20mA outputs. Outputs shall be optically isolated. F. Provide 1/0 modules as indicated on the panel layout drawings and/or as required to accommodate the UO indicated on the Schedules. A minimum of 15 % spare inputs and outputs of each type at the Nater Treatment Plant and Pump Station RTUs. Spares shall be installed spares. Furnish larger rack and/or more UO modules as required to accomplish 15 % spare 1/0. All spare points shall be wired to terminal strips. A. Each RTU shall be supplied with a 24 -volt DC power supply and UPS as specified in Item 16910. Furnish redundant 24 volt, 2 amp DC power supplies at the all RTU locations. 11101 U 041XV 103514 ley V 01. . A. Furnish an operator interface panel for RTU's where indicated on the drawings. B. Operator interface panel shall be used to display alarms, RTU 110 schedule ands status for the Pump Station RTU. In addition it shall display all tank levels. Displayed data shall be accessed by menu and scrolling. C. Operator interface panel shall be 5.7" color graphic touchscreen. Furnish Maple model HMI520. Furnish licensed copy of Windows based programming software to Owner. Mount in door of Town of Westlake, Water System Improvements Section 1.6930 Cheatham No. 1056-404 SCADA Equipment April, 2003 Page 3 of 5 RTU enclosure, and wire into comport. A. Autodialer shall be wired to the RTU 1/0 for the main office and shall be used to alarm the following: 1. Computer malfunction, crash or failure at Main Office. 2. Loss of communication with any remote site. 3. Failure of Main Office RTU. B. Autodialer shall be Sensaphone model 1104. A. RTU shall consist of Modicon Micro PLC with MDS spread spectrum radio, and components as specified herein: I. Enclosure. NEMA 4X constructed of 304 stainless steel with sub panel. Ho man model A 30H2412SSLP, with A -30P24 sub panel. 2. PLC. Modicon Micro PLC with battery. Modicon model 1 IOCPU612100. 3. Radio. Microwave Data Systems model 9710B. 4. Control Relays. Quantity 3, SPDT, 120 vac, IDEC model RH1B-U-120 VAC. 5. Relay socket. Quantity 3, SPDT, 120 vac, IDEC model SH1B05. 6. Power supply, 12VDC, 1.7 amps. Power One model HC12-1.7A. 7. Power supply, 24VDC, 1.2 amps. Power One model HC24-1.2A. 8. Single point strip chart recorder. Chessell series 392. 9. Current Isolator for supply meter flow and tank level signal to City of Fort Worth. 10. Analog line protector. Joslyn model 1820.28. 11. Duplex receptacle. General Electric model GF5242-7, with Appleton model 4CSL-1/2, with Appleton receptacle cover. 12. Terminal strip assembly. Quantity 21 regular terminals and 7 fused terminals. Entrelec model 115 116.07 regular terminal blocks, model 115 657.25 fused terminal blocks, with model 103 002.26 end stops, model 173 523.11 comb type jumper, and model 173 220.05 ,4 mounting rail. 13\\ Un-interruptable Power Supply (UPS). 120 vac, 250 va rating. Best Power model °. ..M. ' SPI250B. 14. Antenna cable surge arrestor. N -female to N- female, panel mount. Polyphaser model IS50NX-C2. 11. Antenna, Yagi, 10 dB, 902-928 MHZ. Scala Model TY -900. 12. Antenna cable grounding kit. Andrews model 204989-1. 13. Coax jumper. Times Microwave model LMR -400, 3 foot, N -male to N -male. 14. Connectors. Quantity 4, Times Microwave model TC -500 -NMC. B. RTU shall be furnished and installed by contractor. The RTU shall be programmed and coordinated as per requirements of the owner. Town of Westlake, Water System Improvements Section 16930 Cheatham No. 1056-404 SCADA Equipment April, 2003 Page 4 of 5 A. The RTU at the Town of Westlake shall be configured to be the Master RTU and shall be programmed to pole each remote site for data. Program all RTUs to perform logic functions as described on the drawings and to perform data and alarm gathering for computer system and HMI (Human Machine Interface). B. Configure software disagreement alarms to operate when a pump is called for and does not report back, or if a valve open or close command is issued and the valve does not respond after a time delay. C. In the event of computer failure, the RTU's shall continue to run and control the system at the current setpoint settings. D. All flow totalization shall be calculated at the RTU level and relayed to the computer system as an instantaneous flow and total flow signal. A. Program each tank RTU to monitor the scheduled 1/0 and collect data for the RTU and the computers. B. The RTU shall continue to monitor the tank level in the event of a power failure until the UPS runs out of battery power. A. Each pump shall be programmed to be controlled manually from the Operator's console in MANUAL mode. B. In AUTOMATIC mode the RTU for the pump station shall control the pump based on the level in the main elevated tank. The setpoints shall be adjustable from the operator's console. The pumps shall alternate unless otherwise noted. The tank that the pump pumps to shall be selectable so that pumping can continue when a tank is down for repainting. Both tanks are at the same overflow elevation. C. Each pump shall have elapsed run time and number of starts per day and hour recorded. On power system failure, the pumps shall be configured for stage starting if more than one pump is called for. D. The following pumping schemes shall be programmed. These pumps shall be programmed to pump up to the Town's elevated tank. The pumps shall have start and stop setpoints based on the ET level at the tank. Monitor levels in the ground storage tank. ® Monitor and/or operate high service booster pumps. ® Monitor and record rates of flow (GPM) and total flow (GPD) for the supply meter (Fort Worth). ® Monitor and record chlorine residuals of effluent final product water. Town of Westlake, Water System Improvements Section 16930 Cheatham No. 1056404 SCALA Equipment April, 2003 Page 5 of 5 A. Spare parts shall be provided as follows: z 1. 1/0 Modules - One of each type for every 12 modules supplied. 2. CPU Modules - One of each type used. 3. 1/0 Rack - One of each type used. 4. Power supplies and battery packs - Furnish two power supplies and one UPS for each type furnished. A. A factory acceptance test (FAT) shall be conducted for the SCADA equipment and computer system. Allow in bid to incorporate Owners comments into system. B. The Owner and Engineer shall be given 10 days prior notice of FAT test. Town of Westlake, Water System Improvements Section 16940 Cheatham No. 1056-404 Computer and. HM1 Systems April, 2003 Page 1 of 5 PARTI-GENERAL A. This section covers computer systems and HMI (human machine interface software). Fumish and install all equipment and materials as shown on the drawings and specified herein. Work shall include all necessary materials, equipment, labor, and services. B. Auxiliary and accessory devices necessary for system operation or performance, such as relays din connectors, or terminals to interface with other Sections of these Specifications, shall be included. i • ' Comply with Section 16910, Part Section 16910, Instrumentation Section 16920, Radio Equipment Section 16930, SCADA Equipment A. Process catalog submittals, and equipment data for the following: 1. Computers 2. Monitors 3. Expansion_. 4. Printers 5. Software B. Submit graphic screens in color for review. A. Desktop computer system at the Town Hall Office shall consist of one new desk top unit. Other computers shown will also be furnished and installed by the contractor. All computers running HMI software shall have Windows 2000 Professional operating system installed and configured. Desktop systems shall be as follows: Manufacturer: Dell Processor: 1 GHz Intel Pentium IV (minimum) Video Card: ATI AGP or equal with 32MB video ram Ram: 128MB Monitor: 21 ", 0.25" dot pitch Trinitron Town of Westlake, Water System Improvements Cheatham No. 1056-404 April, 2003 Section 1 Computer and TIMI Systeiaa_ Page 2 of 5 Hard Drive: Two each 40 GB or more ATA 100 IDE interface (mirrored) Floppy drive: 1.44MB std CDRW HP CD -Writer Pius 95001, 12X8X32 Aux drive: 250 MB Zip drive CDROM: 48X Modem: 3 Corn 56 kbps Multiport card Four additional corn ports for a total of 6 for the computer Network card 3Com 10/100 B. Printer shall be color inkjet. Furnish one Hewlett-Packard model 990cxi printer at each computer. Alarm printer shall be dot matrix, Epson or equal. A. Computer system software shall consist of licensed copies of HMI software package, autodialer alarm software, and office suite software all of which shall be certified suitable for use on Windows 2000 Professional operating system. Furnish either of the two following HMI Systems: 1. Wonderware HMI intouch Version 7.0 "Runtime" software, one licensed copy. 2. Intellution Fix Dynamics Version 7.0 "Runtime" software, one licensed copy. B. HMI software shall be the NT version, latest version. C. Office site software shall be Microsoft Office 2000 Professional Edition. In addition, the Main Office computer shall have an automatic dialer software package to call personnel when alarms are not acknowledged at the S.W.T.P. The autodialer software package shall be Wonderware "SCADAIarm". D. Operating system software shall be Microsoft Windows 2000 Professional with latest Service Pack. Furnish and install Service Pack on all existing and new computers. A. Furnish and install Ethernet switch, network cards, cable and software as required for the Main Office computers to be networked together for the HMI software. B. Ethernet switches shall be 5 port minimum plus up -link port, dual speed, auto -sensing 10/100Mbps. Furnish 3Com, Addtron, or equal. C. Network cards shall be PCI based, dual speed, auto -sensing, 10/100Mbps. Furnish 3Com model 3C905C-TX-M or approved equal. D. Network cable shall be plenum rated, Category 5, Belden or equal. E. Furnish RJ45 jacks, terminators, and cover plates as required. Town of Westlake, Water System Improvements Cheatham No. 1056404 April, 2003 Section 16944 Computer i HMI Systems Page of 5 A. Computer system configuration. In addition, the system shall monitor all points in the system and alarm all points indicated as alarm points. The points noted on the RTU schedules as having a "CPU" function shall be incorporated into the system, i.e. "FIR" shall be taken to mean the flow signal shall be indicated on the CRT and also recorded into the data base for trending and record. Additional HMI work shall include but not be limited to: 1. Define the data base as required to incorporate the scheduled UO at all sites. 2. Build one or more graphic screens per site to show the piping, pumps, tanks, etc and the instrumentation for the scheduled 1/0. 3. Provide storage and display of historical data. 4. Verify and test the proper operation of the SCADA HMI system. 5. Run time meters for all pumps and driven equipment. 6. Disagreement alarms for equipment that fails to operate when called for. 7. Trending, and archiving of all pressures, levels, and flows. 8. Totalization of all flowmeter signals. 8. Communication status, alarms, and failures. 9. Master graphic screen with menu driven links to two sub -master screens and individual sites. 10. A sub -master screen shall be configured for the water distribution system Pr6i n sh l 11. "Hot Links" shall be configured between master screens and sub -master screens. 12. Status screens and trending screens shall be printable and shall have a hot key to print a copy. B. Screen colors for animated objects linked to 1/0 or process: 1. Green for devices in a safe condition. Examples: Valve closed, or pump motor off. 2. Red for operating devices. Examples: Pump motor run or valve open. 3. For valves in transition between open and closed, the red and green indicators shall blink. 4. Devices that fail to activate after a control command is issued shall blink yellow. 5. Analog values which are questionable due to open or shorted loops shall blink yellow. C. Real-time and historical trending. Create graphical trend displays of real-time or historical data. The work shall include but not be limited to the following: 1. Configure approximately 5 real time historical trend groups or screens. 2. Trend displays shall be made for flow rates and pumping to determine approximate efficiency of pumping scheme at each pump station. D. Design and configure automatic report generation. The report generation shall be Microsoft Access based, DDE linked, menu driven, and custom designed for this project. Report routines shall be user definable through a menu driven system to select desired report. Hour, day, month, and year time frame and data shall be selectable. Submit report format to Owner for review. The reports shall include the following: Town of Westlake, Water System Improvements Cheatham No. 1056-404 April, 2003 Section 16940 Computer and HMI Systems Page 4 of 5 Current value, minimum value, maximum value, average value, totals, volumes, totalized flow, chemical usage, equipment run times, and historical data for each pump station and its individual pressure zone and its associated remote elevated tank, incoming meter station and associated pressure reducing or pressure point sites. Each report shall have max hour and max day flows. Each pump station shall have a combined report for the pump station and individual reports based on pressure zones for that pump station. 2. Current value, minimum value, maximum value, average value, totals, levels, equipment run times, and historical data. 3. Reports shall have the capability to be generated on an hourly, shift, daily, monthly, and annual basis. Printing shall be operator initiated. 4. Data for reports shall be written to the HMI historical database on no greater than 15 minute intervals to ensure retention of data in the event of a power loss or equipment failure. Report generation shall not require the incorporation of any other software or proprietary programming. 6. Allow in bid time to coordinate with Town of Westlake personnel for report format and desired data for approximately 4 reports. E. Alarm report generation. Alarm reports shall be automatically generated and printed on an hourly, shift, and daily basis. 3.02 FAT TEST Perform Factory Acceptance Test of computer system and HMI software. Reference Section 16930. The FAT test shall consist of hooking all RTU's together and simulating inputs and outputs through software and testing RTU and HMI systems. The primary purpose of the FAT test is to allow Owner's operators to review HMI screens before final installation in the field. Allow in bid to incorporate Owner's and Engineer's FAT Test comments into the SCADA system." A. Provide training for Owner's operators at the Owners site. The training shall be for up to six individuals on the operation and maintenance of the SCADA system including personal computer system, HMI software system, radio system maintenance, and RTU operation and maintenance. The main. focus shall be from an operations perspective, but maintenance of the system shall also be covered. B. The schedule of training shall be as follows: 1. On completion of the installation - 4 days (32 hours). 2. Six months after completion of the installation - 2 days (16 hours). 3. One year after substantial completion - 1 day (8 hours). Town of Westlake, Water System Improvements Section 16940 Cheatham No. 1056-404 Computer and HMI Systems April, 2003 Page 5 of 5 RK111 A. The final software configuration shall be fully documented and annotated. This documentation shall include the RTU programming and radio system settings. Furnish printouts in 0 & M manuals. B. The final software configuration shall be burned onto a CD and delivered to the Owner for backup purposes. The backup files shall be for each computer, each RTU, and radio. END OF SECTION 1. Owner: 1) The Owner as referred to in these documents (also known as the City) is Town of Westlake 3 Village Circle, Suite 207 Solana Westlake, Texas 76262 THE OWNER may elect to use any combination of bid items in this proposal. The Standard Specifications for Public Works Construction as published by the North Central Texas Council of Governments will be a part of these specifications as if they were bound within. The Contractor will be required to be familiar with these specifications that may be purchased through: North Central Texas Council of Governments, P.O. Drawer COG, Arlington, Texas 76005-3300, Phone (817) 461-3300. THE CONTRACTOR will then have full responsibility for proper construction as required to obtain final Certificate of Acceptance from the City Engineer. The successful bidder shall enter into a contract with the Owner to perform the specified work. 11. The Engineer: Cheatham and Associates, 1601 E. Lamar Blvd., Suite 200, Arlington, Texas 76011, has been retained by the City to prepare the Specifications, and Contract Documents for Water S sty em I �rovements — SCADA S sy tem for Qperating and Monitoring Water System, 8 " PRV Valve, 16" Control Valve Modi •cations. They are responsible also for staking the work, final measurements, approving final and partial pay estimates, and for the general administration of the project during the construction. They are the "Engineer" referred to in the "General Conditions of Agreement" contained in these Contract Documents. However, they are not responsible for on-site inspections and laboratory testing, which are provided for elsewhere by the Owner. All work shall be subject to approval by the City Inspector. The City Inspector has the authority to inspect and perform any tests he deems necessary. The Contractor shall notify the City Inspector 24 hours prior to beginning construction. The Contractor shall notify the City Inspector 72 hours prior to any construction on weekends or holidays. All overtime work, which includes weekends and any work done over 40 hours per week, will be billed to the Contractor at a rate of $30.00 per hour. IV. Insurance: The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against damage claims which may arise from operations under this Contract in compliance with the following: SC -1 Contractors Insurance: Without limiting any of the other obligations or liabilities of the Contractor, during the term of the contract, the Contractor and each subcontractor, at their own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the Owner. Certificates of each policy shall be delivered to the Owner before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled, non -renewed or materially changed without 30 days advance written notice being given to the Owner, except when the policy is being canceled for nonpayment of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation, Contractor must deliver to the Owner a replacement certificate of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated herein. Coverage shall be of the following types and not less than the specified amounts: (a) workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the Owner; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease --each employee, $500,000 disease -policy limit. (b) commercial general liability insurance, including independent contractor's liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification provisions of this contract, fully insuring Contractor's (or subcontractor's) liability for injury to or death of Owner's employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: General Aggregate $1,000,000 Products --Components/ Operations Aggregate $1,000,000 Personal and Advertising Injury $600,000 Each Occurrence $600,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and XCU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same filed with owner. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non -owned vehicles, with a combined bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 bodily injury (per accident) and $100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. SC -2 Owner's protective Liability Insurance: Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's protective liability insurance policy naming the Owner and the Engineer as insured for property damage and bodily injury, which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. "Umbrella" Liability Insurance: The Contractor shall obtain, pay for and maintain umbrella liability insurance during the contract term, insuring Contractor for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the primary liability coverages required herein above. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. Owner and Engineer shall be named as additional insured. (a) Each insurance policy to be furnished by Contractor shall include the following conditions by endorsement to the policy: (1) name the Owner and the Engineer as an additional insured as to all applicable coverage; (2) each policy shall require that 30 days prior to the cancellation, non -renewal or any material change in coverage, a notice thereof shall be given to Owner by certified mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to Owner is required; (3) the term Owner" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the Owner and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the Owner; (4) the policy phrase "other insurance" shall not apply to the Owner where the Owner is an additional insured on the policy; and (5) all provisions of the contract concerning liability, duty and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the Contractor shall be in accordance with the following requirements: MaN (1) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State of Texas; and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. (c) Contractor agrees to the following: (1) Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Owner, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and Contractor shall have no recourse against the Owner for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; (3) approval, disapproval or failure to act by the Owner regarding any insurance supplied by the Contractor (or any subcontractors) shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability; and (4) no special payments shall be made for any insurance that the Contractor and subcontractors are required to carry; all are included in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. The Contractor shall furnish the Owner with satisfactory proof that he has provided adequate insurance coverage in amounts and by approved carriers as required by these contract documents. MOM For the consideration included in the bid price, Contractor and his subcontractors shall pay to indemnify and save harmless the City, its agents, guests, consultants (including the Engineer), invitees, and employees, from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgements of every kind and description to which the City, its agents, guests consultants, invitees, or employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission, omission, negligence or fault of the Contractor and his subcontractors, their agents or employees, committed in connection with this contract, Contractor's performance hereof, or any work performed hereunder. Contractor and his subcontractors shall indemnify and save harmless the City, its agents, or employees and consultants (including the Engineer), from and against all claims, demands, actions, suits, damages, losses, expenses, costs including attorney's fees, and judgements of every kind and description arising from, based upon, or growing out of the violation of any federal, state, county, or city law, bylaw, ordinance or regulation by the Contractor, its agents, trainees, invitees, servants, and employees. VI. Waiver of Subrogation: The Contractor and his subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City, it commissioners, partners, officials, directors, officers, agents, and employees. VII. Payment: Payment will be made to the Contractor on the basis of approved monthly estimates of work completed during the preceding month. The Contractor will submit to the Engineer his estimate of the total value of the work done by him to date, less 10% retained, and less all previous payments received by him. The Engineer may either approve the Contractor's estimate, or prepare a statement of the total value of the work done by the Contractor, less 10% retained on projects under $400,000 and 5% on projects ---d er $400,000, and less all previous payments and such other sums that maybe retained by the Owner under the terms of this agreement. The estimate as approved or the statement prepared by the Owner's Engineer will be sent to the Owner for payment. Upon satisfactory completion of the work, and the furnishing by the Contractor to the Owner, an affidavit stating that all bills related to any work, labor, equipment or supplies have been paid and that there are no outstanding claims or bills remaining, the Engineer will issue a CERTIFICATE OF COMPLETION. The Contractor shall prepare his final statement of the value of all the work performed, showing the balance due under the terms of this agreement. The Owner's Engineer shall verify and approve or request revisions before certifying same to Owner as provided in Section 5.06 of the General Conditions. The Certificate of Completion and the final statement of the amount due to Contractor, will be sent to the Owner for payment. IX. State Sales Tax: On a contract awarded by municipality for the construction of a publicly -owned improvement in a street right-of-way or other easement which has been dedicated to the Public and to the City, an Organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, the Contractor can probably be exempted in the following manner: MW The Contractor may buy tax-free any materials incorporated into the proj ect by issuing a resale certificate in lieu of paying the sales tax at the time of purchase. The Contractor may then accept an exemption certificate from the City for the materials. Even with a separated contract, the rental of equipment and the purchase of items which do not ultimately become part of the physical structure will still be subject to state.and local sales taxes. Should the Contractor fail to complete the work covered by these Contract Documents within the time stipulated in the proposal, plus any additional time allowed, there shall be deducted from any amounts due or which may become due him, (not as penalty, but as ascertained and liquidated damages). The amounts established by Item 1.36.1 of the "North Central Texas Council of Governments Standard Specifications for Public Works Construction". Note: The maximum time to install the V -port within the 16" control valve is S hours. The time for conducting this work must be coordinated with the Town of Westlake. Construction Stakes: Stakes with offset control and grades (cuts -fills) will be set by the Owner's Engineer for the paving, drainage, water, and sewer improvements where applicable which will be installed as shown on the plans. Z. Displaced, Damaged or Destroyed Stakes: The replacement of any stakes which have been displaced, damaged or destroyed durirt �­ construction operations will be done by the Owner's Engineer at the Contractor's expense. Payment will be deducted from the approved Contractor's statement. XII. Safe : The Contractor must use methods of construction that meet or exceed Occupational Safety and Health Administration Standards and any other local, state or federal regulations for safety that are in effect. The contractor will have a trench safety plan prepared and sealed by a registered professional engineer. The maintenance bond amount for this project shall be one hundred percent (100%) of the total amount bid and the bond period shall be two years from date of final acceptance. SC -6 The following procedures shall be followed for work near high voltage lines on this contract. A. A warning sign not less than five (5) inches by seven (7) inches, painted yellow with black letters that are legible at twelve (12) feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "Warning -Unlawful to Operate This Equipment Within Six Feet of High Voltage Lines". B. Equipment that may be operated with ten (10) feet of high voltage lines shall have an insulating cage guard around the boom or arm (except backhoes or dippers), and insulator links on the lift hook connections. C. When necessary to work within six (6) feet of high voltage electrical lines, notify the power company. The electric company will erect temporary mechanical barriers, de -energize the line, or raise or lower the line. All such work done by the power company shall be at the expense of the contractor. The contractor shall maintain an accurate log of all such calls to the electric company. D. No person shall work within six (6) feet of high voltage lines without protection measures having been taken as outlined in Paragraph C. SC -7 FT# -T,,1 TC -1 f 1. Definition of Terms 7 Page 1.01 Owner, Contractor and Engineer ............................................. G-1 1.02 Contract Documents 1.03 ....................................................... Subcontractor G-1 1.04 ............................................................ Written Notice G-1 1.05 ........................................................... Work G-1 1.06 .................................................................. Extra Work G-1 1.07 .............................................................. Working Day G-1 1.08 ............................................................ Calendar Day G-1 im ............. ............................................... Substantially Completed G-1 ................................................... G-1 2® Responsibilities of the Engineer and the Contractor 2.01 Owner®Engineer Relationship ............................................... G-2 2.02 Professional Inspection by Engineer 2.03 .......................................... Payments for Work G-2 2.04 .......................................... Initial Determination G-2 2.05 ........................................G-2 Objections 2.06 .............................................................. Lines and Grades G-2 2.07 .......................................................... Contractor's Duty and Superintendence ........................................ G-2 G-2 2.08 Contractor's Understanding ............................... : G-3 2.09 ................... Character of Workmen ..................................................... G-3 2.10 Contractor's Buildings ..................................................... G-3 2.11 Sanitation 2.12 : * .... - * .... *,*,****,*,* ... * ... **,,*,*,**** ... *,,****** ...... Shop Drawings G-3 2.13, ........................................................... Preliminary Approval ...................................................... G-4 G-4 2.14 Defects and Their Remedies 2.15 ................................................ Changes and Alterations G-4 ................................................... G-4 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible ................................. G-5 3.02 Ownership of Drawings .................................................... G-5 3.03 Adequacy of Design ....................................................... G-5 3.04 Right of Entry ............................................................ G-5 3.05 Collateral Contracts G-5 3.06 ....................................................... Discrepancies and Omissions ................................................ G-5 3.07 Equipment, Materials and Construction Plant ................................... G-5 3.08 Damages . * * * * ... **''*'**'**'*'* ....... G-5 3.09 Protection Against to i�* Employees and the Public ......................... G-6 3.10 Performance and Payment Bonds ............................................ G-6 3.11 Loss from Natural Causes .................................................. G-6 3.12 Protection of Adjoining Property ............................................. G-6 TC -1 f 3.13 Protection Against Claims of Subcontractors, Etc . ............................... G-6 3.14 Protection Against Royalties or Patented Invention .............................. G-7 3.15 Laws and Ordinances...................................................... G-7 3.16 Assignment and Subletting ................................................. G-7 3.17 Indemnification .......................................................... G-7 3.18 Insurance............................................................... G-8 4. Prosecution and Progress 4.01 Time and Order of Completion .............................................. G-8 4.02 Extension of Time ........................................................ G-8 4.03 Hindrances and Delays ..................................................... G-8 5.01 Quantities and Measurements ............................................... G-9 5.02 Estimated Quantities....................................................... G-9 5.03 Price of Work............................................................ G-9 5.04 Partial Payment.......................................................... G-9 5.05 Use of Completed Portions ................................................. G-1 5.06 Final Completion and Acceptance ............................................. G-1 5.07 Final Payment........................................................ G-1 5.08 Payments Withheld ..............................G-1 5.09 Delayed Payments........................................................ G-1 6. Extra Fork and Claims 6.01 Change Orders............................4........ ................... G-11 6.02 Minor Changes........................................................... G-11 6.03 Extra Work ............................ ..................................G -I1 6.04 Time of Filing Claims . . . . . . . . . . . . . b . . . . . . . . . . . . . . . G-12 7. Abandonment of Contract 7.01 Abandonment by Contractor ................................................ G-12 7.02 Abandonment by Owner ................................................... G-13 TC -2 0 0 0 6.01 Change Orders............................4........ ................... G-11 6.02 Minor Changes........................................................... G-11 6.03 Extra Work ............................ ..................................G -I1 6.04 Time of Filing Claims . . . . . . . . . . . . . b . . . . . . . . . . . . . . . G-12 7. Abandonment of Contract 7.01 Abandonment by Contractor ................................................ G-12 7.02 Abandonment by Owner ................................................... G-13 TC -2 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of Agreement, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the agreement I The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order. Signed Agreement, Performance and payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement 1.03 SUBCONTRACTOR. The term Subcontractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not go worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, aWgnaterials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR*-ff1l, if required, fumish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTORS proposal, exceptas provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 am. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. G-1 MIS 2.01 OWNER-ENGINEERREIATIONSHIP. The ENGINEERwill be the OWNERS representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNERS representative during construction are set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER, and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNERS instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTORS or subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 PAYMENT'S FOR WORK The ENGINEER shall review CONTRACTORS applications forpayment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRACTOR constitutes a representation to the OWNER of ENGINEERS professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEERS decision shall be rendered in writing within a reasonable time. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent ofthis contract, either parry may file with the ENGINEER within thirty days his written objection to the decision. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTORS expense. i 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. . The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this.contract, with full power and authority to select the means; method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the G-2 OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, eitherto person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar terms or devices used by him during construction. Any review ofwork in process, or any visit or observation during construction, or any clarification of plans and specifications, by the ENGINEER, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so. that the completed construction work will conform thereto, and shall in no way relieve the- CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRACTOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said pians and specifications. 2.08 CONTRACTOWS UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the.; conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any offieen agent or employee of the O WNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMAN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.12 SHOT' DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall G3 pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 113 PRELIMINARY APPROVThe ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination, by the ENGINEER, priorto final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior. inspection or approval, he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or notin conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials, for the work herein contemplated, or any part thereof, either before or after the beginning-oftheconstruction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute -the basis for a -claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment", otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. =I 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception ofthe signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. It is under -stood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency ofthe Contract Documents, the safety ofthe structure and the practicability ofthe operations ofthe completed project; provided the CONTRACTOR has complied with the requirements ofthe said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the, works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the.purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to ti-mmeaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsible for the me, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any -and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, neglect, omission, mistake or default ofthe OWNER, or ofthe ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work, thereby causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TOEMPLOYEES, AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable.prtcautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety- laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.11 LOSS FROM NATURAL CAUSES. Unless otherwise specified, all loss or damages to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to frilly protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees thathe will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall fumish satisfactory evidence that all obligations of the. nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails so to do, then the OWNER may at the option ofthe CONTRACTOR either pay directly any unpaid bills, ofwhich the OWNERhas written notice, or withhold from the CONTRACTOR!S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is fumished that all liabilities have been fully discharged whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. 3.1* PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTORshall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suitsand claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER, provided however, if choice of M alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulation, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 SIG NT AND SUBLETTING. The CONTRACTOR farther agrees that he will retain personal control and will give his personal attention to the falfillnient of this contract and that he'will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER- The CONTRACTOR farther agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand,.suit, judgement, cost or expense: (1) Is attributable to bodily injury, sickness, disease, or death to injury to or destruction of tangible property (other than the work itself including the loss of use resulting therefrom; and, (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. (1) Workman's compensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damages because of body injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; G-7 (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual bodily injury liability coverages; and (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR shall file with the OWNERvalid Certificates of Insurance acceptable to the OWNER and the ENGINEER- Such Certificates shall contain a provision that coverages afforded under the policies will not be canceled until at least fifteen days` prior written notice has been given to the OWNER - The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub- contractors. 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall, be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTORshall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts.. 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays of common carriers or unavoidable cause or causes beyond the CONTRACTORS control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to comperwae for the delay, the amount of the extension to be determined by the ENGINEER, provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of such delay. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgement of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR - 1: 1111p 3 WW,T1yZW1JWR 11 13151Z 0- 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under W -i this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to.a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) percent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 PRICE OF WORK In consideration ofthe furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expenses incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. 5.04 PARTIAL PAYMENTS. On or before the 5th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 25th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and finther less all previous paymentmand all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and -some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. if such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTORS opinion, the contract is °substantially completed" and when so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. G-9 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the O WNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGINEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR- Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole -or part of any certificate to such extent as may ben to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. (d) , Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any partial or final statement, when payment is due, then the OWNER shall pay the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six (6) percent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments", to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided -under "Abandonment of Contract", unless such payments are withheld in accordance with the provisions of "Payments Withheld". 6.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR.. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEERmay in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTORmay make claim against the OWNER for Extra Work involved therein, as hereinafter provided. G-10 6.02 NOR CHANGES. The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER involves Extra Work and entities him to an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extm Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workman, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen!s Compensation, and all other insurance as may be required by any law a or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER- The ENGINEER or OWNER may at-"- pecify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Uniess otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent- unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable, the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) percent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost". No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). 6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, the Contractor may file with the owner his objection. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail to refuse to resume work within ten (10) days after written notification for the OWNER, or the ENGINEER, of if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR - After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract from the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion herein before provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notim-published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited therewith. When the work shall have been substantially completed, the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER, as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials, or supplies 'left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. -Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this G-12 condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the new sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said inial statement as due the CONTRACTOR, under the terms of this Agreement. G13