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R2002-0060 04-08-02 RESOLUTION NO. R2002-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MCHARD ROAD WATER MAIN PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the McHard Road water main project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Calco Contractin.q, Inc., in the amount of $148,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract with Calco Contracting, Inc., for conStruction services associated with the McHard Road water main project. PASSED, APPROVED and ADOPTED this the 8 day of Apr'i 1 , A.D., 2002. ATTEST: Y/O~U N G~F~ ~ / IY 8~CRETAR~ APPROVED AS TO FORM: D~,RRIN M. COKER CITY ATTORNEY TOM REID MAYOR Bid Bond Surety Department KNOW ALL MEN BY TItESE PRESENTS, Bond No.n/a That we, Calco Contracting, Inc. as PrinciPal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford, Connecticut , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pentland, Texas as Obligee, hereinafter called the Obligee, in the sum of five percent (5%) of greatest amount bid Dollars ( $ 5% G.A.B. ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for McHard Road'Water Line from State Highway 35 to Old Alvin Road NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of March A.D. 20 02. Witness (If Individual) By Attest Michael Cole - Witness (Approved by the American Institute of Architects, A.I.A. Document No. A-310, 1970 Edition) Form S-3266-4 Printed in U.S.A. 12-70 CalCo Contracting, Inc. ~/ (Principal) Hartford Fire Insurance Company Bye) ( ltoustoun, Woodard, Eason, Gentle, Tornforde, and Anderson, Inc. dba Insurance p. Illance 1776 Yorktown, Suite 200 Itouston, Texas 77056-4114 TDI License//1381 FEL'q g/60362043 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and ha~ng in the City of Ha,,"tford, County of Ha~ord, State of Connecticut, dc.~.s hereby make, constitute -*nd appoint Donald E. Woodard, Jr., Harlan J. Berger, Andrew Y. Janda, C. W. Adams, Sue Kohler, LeIand L. Rauch, Sharon Cavanaugh, Cynthia A. Harris, Che~lyl R. Colson, Michael Cole of , Houston, TX ~1 Attomey(s}-in-Fact, with full power and authority to each of said Attomey(s}-in-Fact, in their separate capac~y if more than one is named above, to sign, execute .~ any and all bonds and undertakincs and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity, of 31aces of public or pdvate trust; guaranteeing the performance of ~n~acts other than insurance policies; guaranteeing the performance of insurance contracts where accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed. TFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligetor7 in the nature thereof n Executive Officer of HARTFORD FiRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms ail that its n-Fact may do in pursuance hereof. :omey is granted under and by authorib' of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company') as amended by the Board of Ditchers at a ed and held on May 13~. 1999. es follows: ARTICLE IV ON 7. The President or any Vice Presi...ent or Assistant Vice Presi-"-'ent, acting with any Secret~ry or Assistant Secretary shall have power and authority to sign and ~ch '~he seal 'of t~e Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such gned and executed, with or without the common seal, shal~ be valid and binding upon the Company, ON ,8.. The President er any Vice President or any Assistant Vice President acting with any Sacret~ry or Assistant Secretary. shah have power and authority to oses 0nly of executing and attesting bonds and unded',akings and other writings obligatory in '.he nature thereof, one or more resident Vice Presidents, resident ~des and A~omeys-ln-Fa~ and al any time to remove any such resident Vice President, resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and : him. ,ed, that the signatures of such Officers and the seal of the Company may be affixed to any suc~-, power of a~omey or to any certificate re!ating thereto by facsimile. war of attorney or certificate beadng such faceimiie signatures or facsimile seal shall be va[id a.~ binding upon the Company and any such power so executed and :nile signatures and facsimile seal sh-*',l be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. :ness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be ~ly attested by its Assistant Secretary, this 14th day of May, 1999. ~1 A. Bergenholtz, Assistant Secretary HARTFORD FIRE INSURANCE COMPANY Robert L. Post, Assistant Vice President ~ONNECTICUT ~- s~ H~rfford : HARTFORD y of May, A.D. 1999, before me personally came Robert L. Post, to me knowm who being by me duly sworn, did depose and say: that he resides in the County of of Connecticut; that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above he knows the seal of the said corpora~on; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of and that he signed his name thereto by like order. CERTIFICATE My Commissio~ E, xpire~ June 30, 20~ ~ed. Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached TTORNEY remains in full force and has net been revoked; and fur~ermore, that Article IV, SecSons 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE t for~ in the Power of Attorney, are now in force. lied at the City of Hartford. Dated the 2 7th day of March 200 2 O. Dennis Lane, A_~istant Vi~e President .McHarct Road Waterlina 'from 8t~-t~ Highway 3:5 to Old Alvin Road City of Pentland ,Klotz Assocl~.t.~ P_~_o!ect No. 218 BID FORM Sectton 00410 BID FORM PROJECT IDENTIFICATION: McHard Road Waterline 'from State Highway 35 [o Old Alvin Road }'or 'tho City of Pear]and CITY PROJECT NUMBER: B2001-081 THIS BID IS SUBMITTED TO: Ci~J of Pentland A~n:Gordon Island, Purchasing Officer 3Si 9 tib~rty Drive Pea~'land, Texa~ 77~81 (MreinaFcer called OWNER) The undersigned Bidder proposes a~d agrees, i~&is Bid Is aesop:ed, :o onmr into an Ag~m~nt with OWNER in 'the form includ~ In 't~e Co'n~ract Documcnu to perform and furnish all Work ss specified or Indicated In thc: Carr~,.ct Documents fat the Bid. Prlce and within tho Bid Times indlca~d la this Bid end in accordance with tho other terms and conditions of Ibc Contract Documents. Bidder accepts all ortho terms and condtdom of'the Official Notice to Bidders and Instructions to Bidders, including without llmha'tio~ {hoso d¢~l[~g with ~o disposition of Bid Sooth¥. This Bid will r~maln open for the period oftime styucifiod in the Offici~l Nozi~ to Bidder~ after the day at'Bid op~nlng. Bldd:r will sign and deliver the mqulru-'d number ofco'Ji'~erp~ls of Lbo Adr~m~nt w[th the Bonds, ovidonce of imumnce covomge, ~ other docm~na roquircd by thc Bidding Rcqulrem~nls wkhin l:~ days al'let the d~ts of OWN£R'S Noliee of Awed, In submi~ing this Bid, Bidder re'presents, as marc MI¥ se~ fort~ in the Agreement, that: Bidder has examin~ and c~re't~lly studied all ~ho Bidding Documents and the following Addenda Numbor Bidder has vislt~d tho sita aM become fmllia~ with md satisfied itself as to tho general, local, and silo coz~dltlons tha may affaet cost, progress, per~ormmeo a~d ~umlshing ot'th~ Work; KIotz Assoc 'lares Std, 06101 Addendum No. [ 03/25/02 Mci-lard Rot~d W~terline fi.om State Highway 35 m Old Alvin Road Klo'm A~s.o$:,iates ProJect @eetion 00410 BID FORM Page Bidder is 'Familiar with and has ~ti~ficd ~elfas to all 'federal, state, and local laws and r~gulattons that may affect cost, progress, performance, and finishing of the Work. Bi,er has carffuliy ~tudied all repom of exploration~ and t~.~ts o1' subsur~hce conditions at or contiguous to '/he site ~d all drawings of physical conditiont In or relating m exi.qlng sttrl'ace or .subsurface structures at or contiguous tn the site (except Underground Facilities) which have been td~ntiS~d in the Sup'plementaty Conditions as provided in Paragraph 4.:2.1 ofth~ t3eneml Ctmdltlon.~. Bidder acoe~ts the determination ~t forth in Paragraph ~C..4.2 of'the Supplernontary t~onditions of 'the extent of tho "tec'hnic~l data" contahned In such reports smd drawings upon which Biddor Is ontlflod ~o r~ly as provided in Paragraph 4.2 of thc Oene~ CoMifions. Bidder acknowledges that such and drawings are not ¢on'trac't Document~ and may not b~ compile for Bidder's p~o.~es. Bid&r ae~owledges ~at O~ER and ENOINEE~ do not ~ssume ~gonslblli~ f~ the accuracy or eomplotoness o~ ~foemalion and daJe ~hown ce indlea~ in ~he Bidding D~umen~ wI~ rosp~ to Underground F~llltles at or eontl~ous to lhe ~ito, Bidder h~ obtained ~d eate~lly ~'/udJed (or assumc~ re~n~ibiliw for h~ving done so) all such additional or ~uppl~ment~ enamlnatlon~, Inve~figafion~, explorations, Io~s, studie~ ~nd dam eo~eming eondRions (surfaco, subsur~, and Underground Facilities) at or ean'figuOus to tl~e site or o~M~ise which racy affe~ eo~, progress. peffo~ce or furnishing of ~ Work or which relate to any aspect o? ~o means, m~h~a, t~e~iqu~, e~quenees and peoeod~ of commotion to ~ employed by Bidder ~d ~d pr~m~ 'incident ~eeeto. Bi.er does ~t consider tha~ ~ny additional examinations, Investigations. explor~tlm~s, tests, sludles or data ~e neeessa~ for the determh~atlon of'thi~ Bid for performance ~d f~mishlng of tM Work in accordance with tho tlmo. price, and o~h.r term~ and conditio~ o~ Can.t ~eumenm, Bidder is aware of the general nature o~' Work ~o be pert'ormed by OWNER end o'.h~r~ ~t the ~ite that relates to Work for which'this 8id is submitted I~a h~dlc,'~ted Ln the Contract Docun~ents. Bidder h~s correlated 'th~ information known to Bidder fi'om information and ob~etv~tlon obtained from visits to the site, re~rts, and drawings Identified in the Contract Documents and all addklonal examinations, Investigations, explorations, tests, ~tudie.s, and da~ wlth th~ Contract Dooaments. Bidder has given ENOINEER written notle~ of all conflicts,, errors, amblgultie~, or digrepan¢ies that Bidder has discovered in the Contra¢~ Documents ~d the written resolution thereof by ENOINEI~R is acceptable to Bidder, and the Contract Documents am g0nerally sufficient to indicate ~nd convey under,.coding of all t~rms and conditions for ped'ormlng and furntshlng the Work for which the Bid is submitted. This Bid ia genuine and not made in thu interest or on bel, air of any undi~clos~-d person, dina or corporation ~md is ~oi subml~ed In ~ormi~ wi'~h' nny ~eoment or ruloa oF~y ~mp, ~ootatJon. ~g~flon ~ cor~mtlo~g Bidder bt~ not directly or indirectly induc~ or ~olie}ted ~ny o~er Bidder to ~bmk ~ r~se ~ ~ham Bid; Bidder has not solicited or tnfluced m~y person, tim or a corporation ~o ro~e~ t~Om bidding; m~d Bidder hes not ~ou~ by collusion to obtaln f~ i[setf any ~v~tago over any o~or Bidder or over OWNER. 4. Bidder will complete the Work in accordance wi'th the Contract Do~mon'e~ '~'or the following prices: Klotz Assoeiates Std, 06/01 Addendum No. 1 03/25/02 Mcl-[~d Road Waterline from State Highway 35 to Old Alvto Road City. of l:?earland KLojz~sso~.lat~s eroj e_~.ct .218 ~ 2 Section 00410 BID FORM UNIT PRICE SCHEDULE As provided in Para,apb 11,9 of tho Oaneral Conditiora ,~sfimat.~{ qum~tltles are not guamnteecl, and delerrnin~tions of actual quantitiv3 mud classifioation are to be made by ENOINEER us provided in Paragraph 9.10 o~' the Oerieral Cortdltlons. Bidder has computed unit prices as p~ovlded in Pamg~ph 11.0~ t,f'th~ General Conditions. ltem No. Quantity unit I Item l~erlption at~ Unit Total Written Unit Price ._ Price Amount I I { LS O~.oral Requict~ments f~ cents per lump sum. $ ,ff.¢o~, - ~..~. ~ 2 2,993 LF T'r~ch S~fety System for ~ n e, dollas 3 285 LF 12-inch Waterline Using Open Cut GonsU~,efion For conu ~r line~ foot. $ ~/ ~ ~ 2,493 LF t ~lneh .Wateelino Using Open Cut Co~tlon for 5 } EA ~nch x.12-i~h Wg~rlhe Tee for 6 I EA 1 fi.inch x 12-iBch W~erlj~e Tge for 7 6 EA l~nch ~ ~inch W~line T~ for 9 1 EA 8-1~h x S.i~h W~efllne Tapp~g Sl~ve Klotz Associates $td, 06/01 Addendum No, I 03~$/02 Mallard Road Watorline from State Highway 351:o Old Alvin Road S~Uon 00410 City of Peatlartd BID FORM K I~tr, ,~,~.~oelates lh'oJeet lqo. 2LB't2 ' Page 4 No. Quantity Unit Item Descrlptl'on and Unit Toiml Written Unk Pric, Prlco Amount 9 1 EA l:~lnch x, 90 Degree t~aterlln~ Rend m~d ~,~o... cents each, 0 1 EA 12-inch x 12-inch 22 ½ Dogree Wat~ine da. do lars and ~...f. I 1 E^ ~t2. inch x 10-inoh Water, Jltne Reducer for and c~-nts each. .$ Z.-.~. '~' 12 I EA ~,~[nch x~8-1nch ~Nate~n)t Reducer for 13 6 EA 64inch (3ato Valves for and . cents ~h. ~. 4 1 EA I0~nch O~e V~lv~ for $ 2 EA 12-inch cen~ ~h, 6 5 EA 16-~eh Gate Valves~r 7 6 EA F~o Hydrant~ ~or . dollm Klot. z A~soeia~es 8td,. 06/01 Addendum No. 1 03/25/02 Mo/-l~d RoM Watcrlin,:. from Sate Highway 33 to Old AMa ROad CiW of Pearland Section 00410 .Kl.o~.,.,~As,s.~ciat~,s, Pro [eel N o. ~ 18 ] 2 n[D FO~ Item No. } Quanthy Unit tern/~ripfion ~md Unit To~l Wrlt~gn Unit Palco ~ L$ R~mov~ Ex/aing 16-'in2h Plug & Clamp, Connec~ Pto~o~d 16-tn~h 19 I LS Remove Existing Tee and Con,ct f 12-1nc~Watelin~ for and _ ~,~ ... cents ~ lum~ sum. 20 32 LF 8-inch Waterline wi~ M~¢hnnlc~J Joint ges~lnu loc · ' ', ~ ~ and .. 2'{ 25 LF 12-inch Waterline with Mechanical Joint ~est~ints ~nd... .~ ,.. ~n~ per linear foot. 22 l S8 LF ]6-inch WaterlL~e wl~ Mechanical Jo~t ~ ~-',~,-~V dollars =d_ ~ ~4 ._ 23 .I 8 LF Remove ~d Replace 4-~h For~¢ Main with 4-inch For¢~ Main C~nt,r,d Over Pro~}6.Mch Wat~rlin~ ,~ ,., doll.s and ......... ~ ~ 24 18 LF Remove ~d R~pIac¢ 8-Inch Seworwi~ ~{n~h Sa~ Sewer Center~ Over ~oposed 12qnch W~e[J~u for Klot.z Associates SM, '06/01 Addendum No. ]{ O3/25/02 Mcl-Iard Road Wacerliao 'from Ilea'to t-{ighw~y 35 {:o Old Alvin Road Scm:ion 00410 C[W of Pe~land BID FORM Item No. Quantity 'Doit Item Deseriprdon and Unit Total Wtltton Unit Price Pdcc Amotmt · 25 3 SY Remov, ~d Replae~ A~halt P~vement oenm p~r ~u~m yflrd. 26 5,000 SY Hydromuloh /~ dollars Total Bid For Item No. I ~rnugh Item No. 26 Bidder agreo~ that tho Work will be substantially completed :,nd completed and r~dy for final I:*'yment in accordance wi'th Paragraph 14.13 et'the Oc-neraI Conditions on or I:afoto tho dates or within tho number of'calendar days indicated In the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event offal{ute to complete tho Work wl'thtn the times specified la the Agreement. Tho following documents are attached to and made a condition of this Bid: a. Reqillred Bid Security iii the form of.. ('~ }'e ~. ~ b. Required Bidder's Qualification Statement with supporting data. Communications concerning this Bid shal( be addressed to tM Bidder as indicated below: Address: t/'~, ¢0 /~ _r'l? ,/"~./..S" 4 8, The terms used In this Bid whlch are defined in ho Oenoral Conditions of thc Comtruction Contract included as poi1 ofth~ Contract: Doc'umenls h~ve the me,sings assigned to thom it~ tl~e General Condi:io~ and ~erms defined In the Instructions to Bidders are used with the ,am~, mcanlng In this Bid. I hereby certify that as Bidder I/we have examined and carefully prepar,rA this Bid from the Bidding Doeumom and h~ve checked the sane in detail before submitting this Bid, and thet all statements herein are made on behalf of: Klotz Associates Rid, Off/01 Addendum No. 1 03/2~/02 M¢l-I~d Road W~¢rlin~ from Stm Highway 35 ~o Old Alvin CiW o~ P~lund Kl_~=&~.~ia~s.P roJm No. 21S 12 S"~tion 00410 BID 'I~ORIVl .Psge 7 An lnffi'Wdual; By LW._r~,~n~ (Ty~d) (lndlvidtr.,l's Nm, ne) doing busin.~ss as ....... Buslness nddress: Phono No.: By O:irm Num.~ Business address: Pbono No.: A Corporation: Phon~ No,: /Addre~s~ (EachJok, t venturer must sign. The manner of signing for each individual, partnership, and ccuporation that is a pat~y to th~ joirrt wntur~ should b.e in the manner indi~atod abow), Klotz A.~o~lates Std~ 06/01 Addendum No. 1 03/25/02 MOH~rd ROM Waterline From Stat~ Highway 35 to Old Alvin Road City of Pearlm~d Klotr., As~lat~s Proje~ No, 21 Section 00410 BID FORM ff.2S~orn and subscribed lo befor~ m~ this (' '-'--~ 1'~ '( --, L~ NotmT or o[h~} officer au~oriz~d to admiuis~r o~ths (Bidders slufll not add ~ny ~ondiflo'as or eltmlifylng statements to this Bkl ~ othe~lse ~e Bid may be &timed irmgul~ as being not respoasiva to the Mveal~ement. BIDDERS SHALL USE THIS BID FORM ~ SUBMI'~ING THEIR BIDS.) Klotz Associates ~cl, 06/01 Addendum No. 1 03/2~/02 Contract is located with original resolution. Resolution No R2002-60 PROJECT MANUAL FOR McHARD ROAD WATERLINE FROM STATE HIGHWAY 35 TO OLD ALVIN ROAD FOR THE CITY OF PEARLAND, TEXAS CITY JOB NO. B2001-081 MARCH 2002 APPROVED FOR CONSTRUCTION ADDENDA POSTED Prepared by Klotz Associates, Inc. 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Klotz Associates Project No. 21812 ..n•• PROJECT MANUAL FOR MCHARD ROAD WATERLINE FROM STATE HIGHWAY 35 TO OLD ALVIN ROAD FOR THE CITY OF PEARLAND, TEXAS CITY JOB NO. B2001-081 MARCH 2002 YS5V-41°F • „ex, ALFRED JOSEPH 79312 r C , , 4 � croi MI1TLP4 :at Klotz Associates, Inc. 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Klotz Associates Project No. 21812 Klotz Associates Std, 06/01 03/04/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 OFFICIAL NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS BID FORM BID BOND FORM WAGE RATE REQUIREMENTS AGREEMENT PERFORMANCE BOND FORM PAYMENT BOND FORM GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS ADDENDUM NO. 1 SPECIFICATIONS DIVISION 1 — GENERAL REQUIREMENTS Summary of Work Measurement and Payment Submittals Protection of Environment Testing Laboratory Services Testing Pressure Piping Systems Temporary Construction Facilities and Utilities Traffic Control and Regulation Trench Safety System Control of Ground Water and Surface Water Material and Equipment Operations and Maintenance Data Record Documents DIVISION 2 — SITE WORK PVC Pipe for Buried Services Ductile Iron Pipe for Buried Services Site Preparation Trenching, Backfilling & Compacting Cement Stabilized Sand Section 00010 TABLE OF CONTENTS Page 1 00100 00200 00410 00431 00432 00520 00611 00612 00700 00800 00911 01100 01270 01330 01410 01450 01451 01500 01555 01560 01578 01600 01730 01780 02081 02083 02200 02315 02341 Addendum No. 1 04/10/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00010 TABLE OF CONTENTS Page 2 DIVISION 2 — SITE WORK Water Mains Disinfection of Water Mains Valves for Water Mains Fire Hydrants Water Main Accessories Sanitary Sewers Acceptance Testing for Sanitary Sewers Sanitary Force Mains Hydromulch Seeding DIVISION 3 — 16 Not Used APPENDICES A B C D E Request for Information Worker's Compensation Notice Change Order Form Request for Payment Partial/Final Waiver of Lien 02510 02511 02512 02513 02514 02530 02533 02532 02921 A-1 B-1 C-1 D-1 E-1 Addendum No. 1 04/10/02 OFFICIAL NOTICE TO BIDDERS McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00100 OFFICIAL NOTICE TO BIDDERS Page 1 The City of Pearland hereby gives notice that sealed unit price Bids number 2001-081 will be received for the construction of: Bid 2001-081, McHard Road Waterline from State Highway 35 to Old Alvin Road. TIME AND PLACE OF BID OPENING: Sealed Bids, in duplicate, will be received until 10.00 a.m., Local Time on the 27 day of March, 2002 in the office of Mr. Gordon Island Put chasing Officer, the City of Pearland, City Hall, Suite 201, 3519 Liberty Drive, Pearland, Texas, 77581. Bids will be opened immediately thereafter. BIDDING DOCUMENTS: The Bidding Documents are on file for inspection at the office of the ENGINEER, Klotz Associates, Inc., 1160 Dairy Ashford, Suite 500, Houston, Texas 77079 and at the following locations: Associated General Contractors of America, Inc. 3825 Dacoma Street Houston, Texas 77092-8717 Associated General Contractors of Texas 2400 Augusta Drive Houston, Texas 77057 F.W. Dodge 4101 Greenbriar Drive, Suite 320 Houston, Texas 77098 A $75.00 non-refundable deposit is required for each set of Bidding Documents. The drawings included in the Bidding Documents are full size. Copies of the Bidding Documents and or questions are to be directed to Alfred J. Mittl, P.E. Klotz Associates, Inc., 1160 Dairy Ashford, Suite 500, Houston, Texas 77079, 281/589-7257. SUBSURFACE INVESTIGATION DATA: Subsurface Investigation Data is on file for inspection at all offices listed for inspecting Bidding Documents. Copies are available at no cost and may be obtained when requesting Bidding Documents. PRE -BID CONFERENCE: Anon -mandatory pre -bid conference will be held prior to the Bid opening on March 20, 2002 at 10:00 a m. at the City of Pearland, City Hall, 1st floor conference loom 3519 Liberty Drive, Pearland, Texas, 77581 to familiarize the Bidders with the goals for this project. BID SECURITY: Bid Security in the amount of not less than 5% of the Bid amount shall accompany each Bid in accordance with the Instructions to Bidders. CONTRACT SECURITY: The Bidder to whom a Contract is awarded shall furnish a Performance Bond and a Payment Bond each in an amount equal to the Contract Price. BID REJECTION/ACCEPTANCE: OWNER reserves the right to reject any and all Bids, waive informalities in bidding or to accept the Bid or Bids, which best serve the interests of OWNER. BID WITHDRAWAL: No Bid shall be withdrawn for a period of 60 days after the opening of the Bids without the consent of OWNER. Mr. Gordon Island, Purchasing Officer Klotz Associates Std, 06/01 03/04/02 INSTRUCTIONS TO BIDDERS McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 1 TABLE OF CONTENTS ARTICLE PAGE NO. 1 DEFINED TERMS 2 2 COPIES OF BIDDING DOCUMENTS 2 3 QUALIFICATIONS OF BIDDERS 2 4 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3 5 AVAILABILITY OF LANDS FOR WORK, ETC. 5 6 INTERPRETATIONS AND ADDENDA 5 7 BID SECURITY 5 8 CONTRACT TIME 6 9 LIQUIDATED DAMAGES 6 10 SUBSTITUTE OR "OR EQUAL" ITEMS 6 11 BASIS OF DESIGN AND MAJOR EQUIPMENT ITEMS 6 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS 6 13 BID FORM 6 14 SUBMISSION OF BIDS 7 15 MODIFICATION AND WITHDRAWAL OF BID 8 16 AWARD OF CONTRACT 8 17 CONTRACT SECURITY 9 18 SIGNING OF AGREEMENT 9 19 WAGE RATES 9 20 SALES TAX 9 21 PRE -BID CONFERENCE 9 Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 2 ARTICLE 1 - DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the "Standard General Conditions of the Construction Contract", (EJCDC No. 1910-8, 1996 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both singular and plural thereof. 1.1 Bidder: One who submits a Bid directly to OWNER, as distinct from a sub -bidder, who submits a bid to Bidder. 1.2 Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 Successful Bidder: The lowest responsive and responsible Bidder to whom OWNER (on the basis of OWNER'S evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents shall be used m preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors, omissions, or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2 2 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.1. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.2. Before a contract is awarded, the Bidder to whom an award is contemplated may be required to submit the following information to OWNER for consideration: 3 2 1 The address and description of the Bidder's place of business. 3.2.2. The number of years engaged in the contracting business under the present firm name, and the name of the state where incorporated. 3 2 3 A list of the property and equipment available to the Bidder to evaluate if the Bidder can complete the Work in accordance with the Bidding Documents. 3.2.4. A financial statement of the Bidder showing that the Bidder has the financial resources to meet all obligations incidental to the Work. 3 2 5 The Bidder's performance record giving the description, location, and telephone numbers of similar projects constructed in a satisfactory manner by the Bidder. 3.2.6. A list of projects presently under contract, the approximate contract amount, and percent of completion of each. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 3 3.2.7. A list of contracts which resulted in law suits. 3.2.8. A list of contracts defaulted. 3.2.9. A statement of the Bidder indicating whether or not the Bidder has ever filed bankruptcy while performing Work of like nature or magnitude 3.2.10. A list of officers of the firm who, while in the employ of the firm or the employ of previous firms, were associated with contracts which resulted in lawsuits, contracts defaulted or filed for bankruptcy. 3.2 11. The technical experience of personnel guaranteed to be employed in the responsible charge of the Work stating whether the personnel have or have not performed satisfactorily on other contracts of like nature and magnitude or comparable difficulty at similar rate of progress. 3.2.12. Such additional information as will assist OWNER in determining whether the Bidder is adequately prepared to fulfill the contract. 3.3. The object of the request for the qualification of Bidder is not to discourage bidding or make it difficult for qualified Bidders to file Bids. Neither is it intended to discourage beginning contractors. It is intended to make it possible for OWNER to have more exact information on financial ability, equipment, and experience in order to reduce the hazards involved in awarding contracts to parties who may not be qualified to perform the Work as specified. 3.4. OWNER'S decision as to qualification of the Bidders shall be final. ARTICLE 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder before submitting a Bid: 4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below) 4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local, and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and 4.1.5. To promptly notify ENGINEER of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2. Reference is made to the Supplementary Conditions for identification of: 4 2 1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. Bidder may rely upon the general accuiacy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 4 Those reports are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions has been identified and established in Paragraph SC 4.2. of the Supplementary Conditions Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information. 4 3 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions 4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions 4.5. Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests studies and data concerning conditions (surface subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto as Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.6 On request, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former conditions upon completion of such explorations investigations tests, and studies. 4.7. Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by OWNER or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for exammation access to or copies of Contract Documents (other than portions thereof related to price) for such work 4.8. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given ENGINEER written notice of all conflicts errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and written resolutions thereof by ENGINEER is acceptable to Bidder and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9. The provisions of IB-4 1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.5 of the General Conditions Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 5 ARTICLE 5 - AVAILABILITY OF LANDS FOR WORK, ETC. 5.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. ARTICLE 6 - INTERPRETATIONS AND ADDENDA 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER in writing not less than 7 days prior to the date for opening of Bids. No response will be provided to a Bidder's oral question if the question involves an interpretation of the intent or meanmg of the Contract Documents, or the equality or use of products or methods other than those designated or described on the Drawings or in the Specifications Any information provided to Bidders other than by means of the Contract Documents including Addenda as described below, is given informally for information and the convenience of the Bidder only and is not guaranteed. The Bidder agrees that such information shall not be used as the basis of nor shall the giving of any such information entitle the Bidder to assert any claim or demand against OWNER or ENGINEER on account thereof. 6.1.1. Replies will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. 6.2. ENGINEER will neither approve nor disapprove materials or equipment prior to the opening of Bids 6.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 6.4. Each Bidder shall ascertain prior to submitting a Bid that Bidder has received all Addenda issued, and each Bidder shall acknowledge receipt on the Bid Foun ARTICLE 7 - BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to OWNER in amount of not less than 5% of the Bidder's maximum Bid price and in the form of a certified check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice to Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the 7th day after the Effective Date of the Agreement or the 36th day after the Bid Opening, whichever is earlier, where upon the Bid security furnished by such Bidders will be returned. Bid security of the other Bidders who furnished certified checks will have checks returned within 7 days after the bid opening Bond Forms will be returned upon request. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 6 ARTICLE 8 - CONTRACT TIME 8.1. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in Paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form) ARTICLE 9 - LIQUIDATED DAMAGES 9.1. Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 - SUBSTITUTES AND "OR EQUAL" ITEMS 10.1. Materials and equipment described in the Contract Documents by using the name of a proprietary item or name of a particular supplier is intended to establish type, function, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or 'or equal" item or no substitution is permitted, a substitute or 'or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER. Application for acceptance of substitutes and "or equal" items will not be considered by ENGINEER until after the Effective Date of the Agreement The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 6 7 1, 6.7.2, and 6.7.3 of the General Conditions and may be supplemented in the Supplementary Conditions or General Requirements. ARTICLE 11 - BASIS OF DESIGN AND MAJOR EQUIPMENT ITEMS 11.1. Basis of Design. Unless otherwise indicated, design of this Project is based upon the material or Supplier's equipment named first in the list of manufacturers in a Specification section. ENGINEER has performed an evaluation of other listed manufacturers for compliance with the requirements of the Contract Documents. When other manufacturers are listed, CONTRACTOR may be required to make modifications or adjustments, at CONTRACTOR'S expense, to coordinate the installation of the furnished equipment with associated elements of Work, such as piping and electrical connections, or support and mounting provisions. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.1. The apparent successful bidder, or any other Bidder so requested, shall submit to the office of ENGINEER within 5 days after the receipt of Bids, the following information: 12.1.1. The designation of the Work to be performed by CONTRACTOR with their own forces. 12.1.2. A list of the names of CONTRACTOR'S proposed principal Subcontractors having a direct contract with CONTRACTOR. ARTICLE 13 - BID FORM 13.1. Only the Bid Form included with the Bidding Documents shall be used; additional copies may be obtained from ENGINEER (or Issuing Office). 13.1.1. Bids must be priced on a lump sum basis for the base contract and include a separate price for each alternate described in the Specifications as provided for in the Bid Form. The price of the Bid for each alternate will be the amount to be added to or deducted from the price of the base Bid if OWNER selects the alternate. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 13 1.2. On unit price work, the Bid price shall be the total of unit prices forth in the Bid. Section 00200 INSTRUCTIONS TO BIDDERS Page 7 extended by the estimated number of units set 13.1.3. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances named in the Contract Documents as provided in Paragraph 11.8 of the General Conditions. 13.1.4. Bidder is required to fill in unit or supplemental prices for each item as called for on Bid Form. 13 1 5 All blanks on the Bid Form shall be completed in ink or by typewriter. 13.2. The Bidder, when signing the Bid(s) shall meet the following requirements: 13.2.1. The full name, telephone number, and business address of each Bidder for communications regarding the Bid must be entered on the Bid submitted. The Bid shall be signed in the space provided therefore by written signature of the person or persons properly authorized to sign it. All names must be typed or printed below the signature. 13.2.2. A Bid submitted by an individual shall be signed by the Bidder or by an authorized agent. 13 2 3 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.2.4. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authonty to sign). The corporate address and state of incorporation shall be shown below the signature. Such corporation must be licensed to do business in the state in which the Project is located before a Contract to do the Work embraced in the Bid can be signed. If a foreign corporation, the state under which it is incorporated must be named. 13.2.5 Bids which are signed by an attorney -in -fact for individuals, firms, partnerships or joint ventures shall have attached thereto a power -of -attorney evidencing authority to sign the Bid. 13.3. The Bid shall contain an acknowledgment of receipt of Addenda, the numbers and dates of which shall be filled in on the Bid Form. 13.4. It is the responsibility of the Bidder to submit a neat, accurate, and complete Bid. ARTICLE 14 - SUBMISSION OF BIDS 14.1. Bids shall be submitted at the time and place indicated in the Official Notice to Bidders and shall be enclosed in an opaque sealed envelope, marked with the Pioject title (and, if applicable, the designated portion of the Project for which the Bid is submitted), name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. No oral facsimile, or telephone bids will be accepted. 14.2. Each prospective Bidder is furnished copies of the Bidding Documents as were requested with one separate unbound copy each of the Bid Form and the Bid Bond The Bidding Documents may be retained by the Bidder. The unbound copy of the Bid Form is to be completed and submitted with the Bid security. 14.3. Bids received after the official Bid closure time will be returned to the Bidder unopened. ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00200 INSTRUCTIONS TO BIDDERS Page 8 15.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids 15.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.3. Bid security shall be in an amount sufficient for the Bid as modified or resubmitted. ARTICLE 16 - AWARD OF CONTRACT 16.1. OWNER reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work Discrepancies between the multiplication of umts of Work and unit prices will be resolved in favor of the unit prices. An extension may not be divided by the number of units specified to determine a unit cost, if such is omitted by the Bidder. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 16 2 In evaluating Bids, OWNER will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements and such alternates, unit prices, supplemental prices and other data as may be requested in the Bid Form or prior to the Notice of Award 16.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. 16.5. OWNER shall have the right to reject any unit prices for additions to or deductions from the Work as given in the Bid, if the prices are considered excessive or unreasonable, or to accept any unit prices which may be considered fair and reasonable. 16.6. OWNER shall have the right to accept alternates in any order or combination or to not accept any, unless specifically otherwise provided. 16.7. A Bid which does not contain a unit price which is both adequate and reasonable for each item named in the Bid may be considered irregular and subject to rejection. 16.8. If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder(s). 16.9. If the contract is to be awarded, OWNER will give Successful Bidder notification within a reasonable time. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 00200 City of Pearland INSTRUCTIONS TO BIDDERS Klotz Associates Project No. 21812 Page 9 ARTICLE 17 - CONTRACT SECURITY 17.1. Paragraphs 5.1 and 5.2 of the General Conditions and the Supplementary Conditions set forth OWNER'S requirements as to performance, and payment bonds. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by the required performance and payment bonds ARTICLE 18 - SIGNING OF AGREEMENT 18.1. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required bonds and certificates or pohcies of insurance as required by the Supplementary Conditions. Within 10 days thereafter OWNER will deliver one fully signed counterpart to CONTRACTOR and ENGINEER. ARTICLE 19 - WAGE RATES 19.1. Each CONTRACTOR or Subcontractor performing Work on this Project shall comply in all respects with all laws governing the employment of labor, Social Security, and Unemployment Insurance of both the state and federal government. There shall be paid each employee engaged in Work under this Contract at the site of the Project the minimum wage for the classifications of labor employed. CONTRACTOR shall make their own investigation locally and satisfy themselves as to availability of labor. ARTICLE 20 - SALES TAX 20.1 Bidder will be required to comply with the Limited Sales, Excise, and Use Tax requirements of House Bill 11 of the 73rd Texas Legislature now codified in Vernon's Civil Statutes, Chapter 151. Contract requirements based on referenced statute are specified on the Supplemental Conditions, Article 6 - Contractor's Responsibilities. ARTICLE 21 - PRE -BID CONFERENCE 21.1. Bidders, Subcontractors, and Suppliers are encouraged to attend and participate in a non -mandatory Pre -Bid Conference as scheduled in the Official Notice to Bidders Representatives of OWNER and ENGINEER will be present to discuss the Project. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference Oral statements may not be relied upon and will not be binding or legally effective. * * * END OF INSTRUCTIONS TO BIDDERS * * * Klotz Associates Std, 06/01 02/28/02 BID FORM McHard Road Waterline from State Highway 35 to Old Alvin Road C'ty of Pearland Klotz Associates Project No. 2181,2 BID FORM PROJECT IDENTIFICATION: McHard Road Waterline from State Highway 35 to Old Alvin Road for the City of Pearland CITY PROJECT NUMBER: B2001.081 THIS BID IS SUBMITTED TO: City of Pearland Attn:Gordon Island, Purchasing OMcer 3519 Liberty Drive Pearland, Texas 77581 Section 00410 BID FORM Page 1 (hereinafter called OWNER) 1, The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated In the Contact Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents 2, Bidder accepts all of the terms and conditions of the Official Notice to Bidders and Instructions to Bidders, including without Limitation those dealing with the disposition of Bid Security. This Bld will remain open for the period of time specified in the Official Notice to Bidders after the day of Bid opening, Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds, evidence of insurance coverage and other documents required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award, 3, In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: Bidder has examined and carefttlly studied all the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: Addendum Addendum Date Number Sifrnaturc �r Bidder has visited the site and become familiar with and satisfied itself as to the general, local, and site conditions that may affect cost, progress, performance and famishing of the Work; Klotz Associates Std, 06101 Addendum No. I 03/25/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland fates Protect Nn, 218a2 Section 00410 BID FORM c, Bidder is familiar with and has satisfied itself as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and finishing of the Work. d. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical condirons In or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4,2.1 of this General Conditions, Bidder accepts the determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the ' technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Paragraph 4.2 of the General Conditions, Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes, Bidder acknowledges that OWNER and ENGINEER do no` assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress performance or furnishing of the Work or which relate to any aspect of thu means, methods techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the time, price. and other terms and conditions of the Contract Documents. Bidder is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated In the Contract Documents, Bidder has correlated the Information known to Bidder from information and observation obtained from visits to the site reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. • Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to Blddcr, and the Contract Documents area generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which the Bid is submitted. h. This Bid is genuine and not made in thu interest or on behalf of any undisclosed person, firm or corporation end is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder er over OWNER. 4, Bidder will complete the Work in accordance with the Contract Documents for the following prices: Klotz Associates Std, 06/01 Addendum No, 1 03/25/02 Mcflard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland ociates Proiect Na. 21812 UNIT PRICE SCHEDULE Section 00410 BID FORM As provided in Paragraph 11,9 of tho General Conditions ustimated quantities are net guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided In Paragraph 9.10 of the General Conditions. Bidder has computed unit prices as provided in Paragraph 11 03 of the General Conditions, Item No. Quantity Unit Item Description and Unit price Amount Total Written Unit Price I 1 LS General r:,ti E Reatii9ements —lavy, re fo ir dollars and !I'o certs lump sum. $ •Co-00' 44. $- Cam ce- per 2 2,993 Liz Trench Safety PS System n e for dollars and sal n, o, cents linear foot. $ 2 5'5 3 per 3 285 LF 12-inch Constr ction Waterline for Using Open Cut ..4-t _ "_r-t dollars and N6 ce cants linear foot. $ 31. 8,3C: ". per 4 2,493 LF 16-inch Constru Waterline tion for Using Open Cut 4t .p,. i.l - 7;1 Li- dollars and nr 4°Leg linear foot $ e.g - +5/• '° cents per 5 1 EA 12 finch x I2-inch W erline Tee for elf dollars a litkpitta -4 ,_, ,rirt and 6 _/i lit each. $(73Z. $734.- cents 6 i EA 16-in h x 12-it chFWW {u rise Teti for dollars % r and roc . c_ cents each. $ $ gle a. _Alla 7 6 EA 16 Jnch ri 6-inch Waterline Tee for f firs. (4p I,M.re$' dollars and o e cents each, $ (to. °t' $ 31z n . °' 8 1 EA 8-inch an.4 0.9i.ltTe;,,*, Valve x 8-inch for Waterline Tapping Sleeve and ,L12,22jdollars niQ each, $ Z$ a. $2•S.60,s cents Klotz Associates Std, 06/01 Addendum No, 1 03 /25/02 McHard Road Waterline from Suite Highway 35 to Old Alvin Road City of Pearland K Intz As, ociatos Project No. 2,1812 Section 00410 BID FORM Paee 4 Quantity Unit Total Rem Description Written Unit and Price Unit Price Amount (tern No. 9 1 EA 1 qnch x 90 De reeWaterline Bend for kt 4 17Ex.frAt / tati..3,..k4. dollars and cents each, ,fie $ 3Za . �= 5 3z0, =' 10 1 EA 12-inch Bend (3W, x for/ Ljaac1.L( 12-inch 22'A Arki Degree Waterline dollars 5/!/d." $/fcl.e' and "hi cents each. 1 I 1 EA ` 121inch lit k x Lail 10-inch veird Waterline /C76)91 Reducer dollars for $ Z.Sa . "'"' $ Z $ a s t. and cents each. 12 I EA :1 _6.-Inch x ineh ate nn v Reducer tar S 2.S'6 • `' P /� l ( dollars and mr1 cents each. $ ?5�- a.= 13 6 EA 6inch % G Kitted/fa to VAaly s for _Sok.Ct dollars $ Zl/ d. a and jet A cents each, 14 1 EA 10- nch ate Valves Y for ,� �, a dollars S Ra'74It' $ gar7, it" and rr1 ri cents each. IS 2 EA 12-inch Gate '7`°�,ch.ct. 'Valves for Sit" - t� (1\2-1 dollars and �, . $/ico • cents each. 16 5 EA 16- ch Gate Valves cor $ 244 eo. "' /4 4-1 - Cy. �, iL,.A.Q dollars At. and ' 1.s-6 cents each, $ gr. 17 6 EA Fire Hydrants,f�or $ I,'s i . °= radii e e Attain( it dollars and Lid cents each. s a Klotz Associates Std, 06/01 Addendum No. 1 03/25/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland K loticAs odates Project No. 21812 Section 00410 Sip FORM ,Page 5 Item No. Quantity tlnit Total item Description Written and Unit Price Unit Price Amount 18 1 LS Remove Clamp, W cane ,.s Connect /�s4..•.,Q�iit, Existing for Proposed 16-inch ^ is Plug 16-inch rd 6tis-ldollars & qZf. ` $ TZY, and cents •= per lump sum. 19 I LS Remove Pro_ , sed ,, Existing 12.lnchi Tee ti Waterline ce and Connect for dollars $ fins c $ Pm and cents 1.ri5 per lump sum. ' 20 32 LF 8-inch Restraints Waterline ,61‘ for with Nit Mechanical dollars Joint "" �� $ ZSrD• and cents (. inn\ per linear foot. _�„ 21 25 LF • 12-inch Restraints Waterline for $j*L with „a.2 Mechanical dollars Joint $ Me• $ erect and cents i.,.u, per linear foot, - 22 158 LF 16-inch Restras Waterline for , tit , with Mechanical dollars Joint $ ' $ g 11/a t • and cents t n.td per linear fort. 71 23 18 LF Remove with Propos 4-inch r and d rii 16-inch Force Replace Main Waterline 4-inch Centered Force for Over dollars Main ?oil.cents and tni per linear foot Y 24 16 LF Remove Sewer Centered Wate 1i9e < with for 8-Inch ,�4i Replace Proposed 8-inch Sanitary 12-Inch Sewer Sanitary dollars • 6' $ /26d,' � and ,it Over and cents $,761 per .. .�..4 linear foot. Klotz Associates Std, 06101 Addendum No. 1 03/25/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 2 L$.i2 Section 00410 BID FORM Pne6 Item No. Quantity Unit Total Item Description Written and Unit Price Unit Price Amount 25 3 SY Remove and for Replace Asphalt Pavement dollars .$ 2/262 air and cents , rM per square yard, 26 5,000 SY Hydromulch Seeding mild for dollars S 1 Yd siictil, r and cents 6 rill per square yard, Total Bid For Item No, 1 Item No. 26 Through S%rirt�vr. 5, Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The fo'lowing documents are attached to and made a condition of this Bid: a. Required Bid Security in the form of Pj te� � Q\rlt (Certified Chock or Bid Bond) in the amount of (Ppl w or Percent) b. Required Bidder's Qualification Statement with supporting data. Communications concerning JJthis Bid shall be addressed to the Bidder as indicated below: Name: , W/e, .Yy _ • Al2(641 Address: GAD . nes- State: Telephone No.: 6.1A t 'V9J - Z o • 8. file terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions and terms defined In the Instructions to Bidders are used with the same meaning In thls Bid, 1 hereby certify that as Bidder llwe have examined and carefully prepared this Bid from the Bidding Documents and have checked the same in detail before submitting this Bid, and that all statements herein are made on behalf of: Klotz Associates Std, 06/01 Addendum No. 1 03/25/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of ?carload Klotz Assaclates project No. 21$12 An Individual: By (Written) (T)ped) doing business as Business address: Section 00410 BID FORM Page 7 (Individrral's Nome) (Firm Nome) Phone No.: A Partnership: By By (Wdttcn) (Typed) Business address: (Firm Numej (Ctcneril Partner) Phone No.: A Corporation: By By (Wntton) �.% KiJiite2 ritstieleteL irate) r J`r Gt TA ail re. / . Attest [written) �ti r� r, \� i 7 .Ct ! r1 (Typed) V� `�} ,t (a i' t, rJ (Secretary) Businessaddress: tgcl'OA ,E/tWYe (Comor:ttbn Name) (State of 1ner munition) (Name of Person Authotteed to Sign) (Comornte Seal) ?honeNo.: 7 lit / -_ ��e) A Julnt Venture: By (Wr'tten) (Typed) By (Ptut�:n) (1Yper Phone number and address for receipt of official communications: (Name) (Address) (Name) (Address) (Each Joint venturer must sign. The manna: of signing for each individual, partnership, treed corporation that is a party to the joint venture should be in the manner indicated above). Klotz Associates Std, 06/01 Addendum No. 1 03/25/02 MOHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz, Associates Project No, 21812 Section 00410 BID FORM Page R Sworn and subscribed tq before ma this r13-1 day ofy)7VI) 1i-en 206 eL Notary or other officer authorized to administer oaths My commisston expires: f?' ! -. , 1 - O (Bidders shall not add any conditions or qualifying statements to this Bid as otherwise the laid may be declared irregular as being not responsive to the advertisement. BIDDERS SHALL USE THIS BID FORM IN SUBMITTING THEIR BIDS.) JUDY DEA7n• MY COMMissf01 • July31. Klotz Associates Std, 06/01 Addendum No. 1 03/25/02 BID BOND FORM ITT HARTFORD ;id Bond surety Department Bond No.n/a (NOW ALL MEN BY THESE PRESENTS, That we, Calco Contracting, Inc. s Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford, Connecticut , as uiety, hereinafter called the Surety, are held and firmly bound unto City of Pearland Texas as Obligee, hereinafter called the Obligee, in the sum of five percent (5%) of greatest amount bid Dollars $ 5% G.A.B. ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, And ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for McHard Road Water Line from State Highway 35 to Old Alvin Road 1OW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such ontract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the 7bligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger mount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. signed and sealed this 27th day of March A.D. 20 02. Vitness Individual) By ,ttest (If Corporation) By Michael Cole - Witness (Approved by the American Institute of Architects, ..I.A. Document No. A-310, 1970 Edition) orm S-3266-4 Printed in U.S.A. 12-70 Calco Contracting, Inc. Veto (Principal) L/T:� Weir n` s) e C ssbe. awl Hartford Fire Insurance Company Attorney-in-Fact(Title) 1 Houstoun, Woodard, Eason, Gentle, Tomforde, and Anderson, Inc. dba Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) r r HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint Donald E. Woodard, Jr., Harlan J. Berger, Andrew J. Janda, C. W. Adams, Sue Kohler, Leland L Rauch, Sharon Cavanaugh, Cynthia A. Hartis, Choy! R. Colson, Michael Cole of Houston, TX its true and lawful Attorneys) -in -Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attomey is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a meeting duly called and held on May 131", 1999, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal 'of the Company to bonds and undertakings, recogrizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such resident Vice President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures 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. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. attest: at Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD Ss. Hartford HARTFORD FIRE INSURANCE COMPANY Robert L. Post, Assistant Vice President On this 14th day of May, A D 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 2 7th day of March 200 2 Form S-4054-2 Printed in U.S.A. J. Dennis Lane, Assistant Vice President ITT HARTFORD ;id Bond Surety Department CNOW ALL MEN BY THESE PRESENTS, That we, Bond No.n/a Calco Contracting, Inc. s Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford, Connecticut , as >urety, hereinafter called the Surety, are held and firmly bound unto City of Pearland, Texas as Obligee, hereinafter called the Obligee, in the sum of five percent (5%) of greatest amount bid Dollars $ 5% G.A.B. ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, oind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for McHard Road Water Line from State Highway 35 to Old Alvin Road JOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be pecified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the )bligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger _mount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Jigned and sealed this 27th day of March A.D. 20 02. Witness ,f Individual) r-- kttest If Corporation) kttest Calco Contracting, Inc. (Principal) (SEAL) By y v190 1-0 -- Se.c✓L‘e1-Pr2� Michael Cole - Witness Approved by the American Institute of Architects, Q.I.A. Document No. A-310, 1970 Edition) ?orm S-3266-4 Printed in U.S.A 12-70 By Hartford Fire Insurance Company torney-m-Fact(Title) Houstoun, Woodard, Eason, Gentle, Tomforde, and Anderson, Inc. dba Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 (SEAL) (SEAL) (SEAL) (SEAL) HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint Donald E. Woodard, Jr., Harlan J. Berger, Andrew J. Janda, C. W. Adams, Sue Kohler, Leland L Rauch, Sharon Cavanaugh, Cynthza A. Hartis, Chefyl R. Colson, Michael Cole of Houston, TX its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attomey is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a meeting duly called and held on May 13`", 1999, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal 'of the Company to bonds and undertakings, recogrzances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice President, resident Assistant Secretary, or Attomey-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures 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. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. Attest: Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD Ss. Hartford HARTFORD FIRE INSURANCE COMPANY Robert L. Post, Assistant Vice President On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE Ge--i(/ j (4 7 Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attomey, are now in force. Signed and sealed at the City of Hartford. Dated the 27th day of March 2002 Form S-4054•2 Printed in U.S.A. J. Dennis Lane, Assistant Vice President McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00431 BID BOND FORM Page 1 BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title (Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. EJCDCNO. 1910-8 (1996 Edition) Klotz Associates Std, 06/01 10/09/01 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00431 BID BOND FORM Page 2 I. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors administrators, successors and assigns to pay Owner upon default of Bidder the penal sum set forth on the face of this Bond 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and Contract Documents, or 3.2 All bids are rejected by Owner, or 3.3 Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable u pon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default fiom Owner which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue n otice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of the award including extensions shall not in the aggregate e xceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the patty concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authoi ity of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirements of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid' as used herein includes a bid, offer of proposal as applicable. EJCDC NO. 1910-8 (1996 Edition) Klotz Associates Std, 06/01 10/09/01 WAGE RATES McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00432 WAGE RATES Page 1 WAGE RATES COUNTY NAME: BRAZORIA Article 5159a, Texas Civil Statutes, as amended by H.B. 560, Ch. 606, Acts, 73`d Legislature, Regular Session (1993) requires state agencies, cities, counties, independent school districts, and all other political subdivisions that engage in construction projects using public funds to include prevailing wage rates in the project bid documents and the construction contract. Pursuant to the requirements of this statute, the General Services Commission, Facilities Construction, has ascertained the following rates of wages are paid to various classifications of workers in the locality of this project. Pay building construction wage rates to all workers except those workers engaged in site work and construction beyond five feet of buildings. Pay heavy construction wage rates to those engaged in work located more than five feet from a building Pay at least the wage rates shown in the attached schedules. Pay at least the "laborer" wage for classifications not listed in the schedules. The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 & 'h) times the base hourly rate. The rates specified are journeyman rate. Apprentices may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the expe►ience and skill of the worker but not at a rate not less than 60% of the journeyman's wage as shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices shall be under the direct supervision of a journeyman working as a crew. Welders shall receive the rate prescribed for the craft performing the operation to which the welding is incidental. Klotz Associates Std, 06/01 10/09/01 GENERAL DECISION TX010082 03/02/2001 TX82 Date: March 2, 2001 General Decision Number TX010082 Superseded General Decision No. TX000082 State: TEXAS Construction Type: HEAVY County(ies): BRAZORIA FORT BEND GALVESTON HARRIS MATAGORDA MONTGOMERY WALLER WHARTON FLOOD CONTROL AND WATER AND SEWER LINES, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects, Irrigation Projects, Jetties, Land Drainage (not incidental to other construction), Land Leveling (not incidental to other construction), Land Reclamation, Levees, P ipelines, Ponds, Pumping Stations (prefabricated drop - in not building), Revetments, Sewage Collection and Disposal L ines, Sewers (Sanitary, Storm, etc.), Shoreline Maintenance Water Mains and Water Supply Lines (not incidental to building). Modification Number Publication Date 0 03/02/2001 COUNTY(ies): BRAZORIA FORT BEND GALVESTON HARRIS MATAGORDA MONTGOMERY SUTX2045A 03/26/1998 ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER -STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER(STRUCTURES) FORM LINER -PAVING & CURB FORSETTER (PAVING/CURB) FORM SETTER -STRUCTURES LABORER -COMMON LABORER -UTILITY L INEPERSON MANHOLE BUILDER (Brick) MECHANIC O ILER SERVICER PAINTER -STRUCTURES P ILEDRIVER P IPE LAYER WALLER WHARTON Rates 8.28 7.45 11.11 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 7.45 8.53 7.50 8.49 11.38 9 56 9 51 14.00 10.96 8.49 Fringes ASPHALT DISTRIBUTOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE JOINT SEALER CONCRETE PAVING FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER S LIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, D'LINE, SHOVEL CRUSHER/SCREENING PLANT FOUNDATION DRILL OPERATOR, MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR MIXER MOTOR GRADER (FINE GRADE) DERRICK, CRAWLER MOTOR GRADER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF PROPELLED S CRAPER - TRACTOR -CRAWLER TYPE TRACTOR -PNEUMATIC TRAVELING MIXER TRENCHING MACHINE -LIGHT TRENCHING MACHINE -HEAVY WAGON -DRILL, BORING MACHINE REINFORCING STEEL SETTER (PLAVING) REINFORCING STEEL SETTER STRUCTURES S TEEL WORKER -STRUCTURAL S IGN ERECTOR S PREADER BOX OPERATOR WORK ZONE BARRICADE S IGN INSTALLER TRUCK DRIVER -SINGLE AXLE LIGHT TRUCK DRIVER -SINGLE AXLE HEAVY TRUCK DRIVER -TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT WELDER 9.47 10.05 8.01 9.91 8.80 11.79 10.50 9.30 10.01 9.32 9.20 11.35 11.00 12.59 12.73 9.29 10.43 7.94 11.11 10.67 7.45 9.25 7.61 7.96 8.69 10.12 8.99 9.35 10.50 13.56 10.15 12.50 12.47 10.35 10.06 9.08 7.45 7.45 8.15 8.76 8.00 11.29 10.43 S nlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)). In the listing above, the "SU' designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can * be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U .S. Department of Labor 200 Constitution Avenue, N. W. W ashington, D. C. 20210 The request should be accompanied by a full statement of the interested party s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U . S. Department of Labor 200 Constitution Avenue, N. W. W ashington, D. C 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION AGREEMENT McHard Road Waterline from State Highway 35 to Old Alvin Road Section 00520 City of Pearland AGREEMENT Klotz Associates Project No. 21812 Page 1 THIS AGREEMENT is dated as of the day of ' �' 1 t in the year 20 l� / by and between the City ,� (hereinafter called OWNER) and �t C✓o o /j TeflC l� ,0u �J(, (hereinafter called of Pearland 9� CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.1. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of 16-inch waterline from State Highway 35 to Old Alvin Road within proposed McHard Road right-of-way and 12-inch waterline within utility easement from proposed McHard Road to Alice Street. 1.2. The Project for which the Work under the Contract Documents may be the whole or only a part of is generally described as follows: McHard Road Waterline from State Highway 35 to Old Alvin Road for the City of Pearland ARTICLE 2 - ENGINEER 2.1. The Project has been designed by Klotz Associates, Inc. who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.1. The Work will be substantially completed within 130 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.13. of the General Conditions within 160 calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus anyextension thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00, plusengineering costs as set additional et forth in Paragraph 14.16 of the Supplementary Conditions, for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete. 3.3. Permitting CONTRACTOR or Surety to continue and finish the Work or any part of the Work after the times specified for completion, or after the date to which the times for completion may have been extended, shall in no way operate as a waiver on the part of OWNER of its rights under the Contract. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 00520 City of Pearland AGREEMENT Klotz Associates Project No. 21812 Page 2 ARTICLE 4 - CONTRACT PRICE OWNER shall pay CONTRACTOR for the completion of the Work in accordance with the Contract Documents in current funds as shown m the Unit Price Schedule as completed in the Bid Form, hereto attached as Exhibit "A" as accepted by OWNER. ARTICLE 5 - PAYMENT PROCEDURES 5.1. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Progress Payments: 5 2 OWNER will make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER each month during construction as provided below. All progress payments will be on the basis of the progress of Work measured by the schedule of values established in Paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Retainage: 5 2 1 After each Application for Payment has been found acceptable by OWNER, OWNER will pay 95% of the estimated value less any previous payments to CONTRACTOR until Substantial Completion 5.2.2. Upon Substantial Completion of the Work, the amount retained may be reduced. When the Work has been Substantially Completed except for Work which cannot be completed because of weather conditions, lack of materials or other reasons which, in the judgment of OWNER are valid reasons for noncompletion, OWNER may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or corrected. Final Payment: 5.3 Upon final completion and acceptance of the Work in accordance with Paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6 - INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and caiefully studied the Contract Documents (including the Addenda listed in Article 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance and furnishing of the Work. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 00520 C'ty of Pearland AGREEMENT Klotz Associates Project No. 21812 Page 3 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.2 of the General Conditions CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations investigations explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACI OR has correlated the information known to CONTRACI OR, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the following• 8.1. This Agreement. 8.2. Exhibits to this Agreement. 8.3. Bid Form. 8.4. Performance, Payment and other Bonds. 8.5. Notice to Proceed, not attached hereto. 8.6. Supplementary Conditions (Pages SC-1 to SC-14, inclusive.) Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 00520 City of Pearland AGREEMENT Klotz Associates Project No. 21812 Page 4 8.7. Specifications bearing the title "McHard Road Waterline from State Highway 35 to Old Alvin Road" and consisting of divisions and pages listed m the General Table of Contents. 8.8. Drawings, consisting of a cover sheet and sheets numbered 1 through 8, inclusive with each sheet bearing the following general title: "McHard Road Waterline from State Highway 35 to Old Alvin Road , not attached hereto. 8.9. Wage Rates. 8.10. Addenda numbers 1 to , inclusive. 8.11. Unit Price Schedule as completed in CONTRACTOR's Bid, Exhibit "A". 8.12. Documentation submitted by CONTRACTOR prior to Notice of Award (Pages NM to OA , inclusive.) 8.13. Appendix Forms and Drawings. 8.14. Federal, State, and Local Forms. 8.15. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraphs 3.5 and 3.6 of the General Conditions The documents listed in Paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above.) There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.5 and 3.6 of the General Conditions ARTICLE 9 - MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00520 AGREEMENT Page 5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. e n 20 %�(which is the effective Date of the Agreement). This Agreement will be effectiv o , Attest. LC 0 0 Cet n) C , (CO RA OR) (Sign : tur: v\ ()i le t (CUM ci Address for giving notices: al vie 119fri3 4oe:DO 6I� A) p ]flt, Q5' % (If CONTRACTOR is a corporation, attach evidence of authority to sign.) \ AWeLUce afte)DeA) (Typed ed Name and Title) CONTRA“ 'S License No. (If required by state or municipal law) e%`«iJ\BLA%"/,, .a' O ee •• '� GIs .w : 4 ~1 • a 1 • : Ors 600® '�••0000©• �e et o' ffilietsi& . Address for giving otices: 93101 (,"og\, Whit NA( VA.A arYi AI 1 5S1 (1/ as to form and execution this �� day of , 2 Approveds 's („4,14) Gt��'1 Li Ay (Signature) // haw, (Teed Name and Title) (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Attorney for OWNER) Klotz Associates Std, 06/01 02/28/02 RESOLUTION OF CORPORATION • RESOLUTION OF CORPORATION • I hereby certify that it was RESOLVED by a quorum of the directors of CALCO CONTRACTING, INC. /)) me of Corporation / Contractor) onthe ioC day of ljtVL�I XII,that HENRY J. HAPPEL, VICE PRESIDENT [Corporate Representative] be, and hereby is, authorized to act on behalf of the Corporation, as its representative, in all business transactions conducted in the State of Texas, and That the above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full force and effect; and In entication of the adoption of this resolution, I subscribe my name on this/ day of Pa 11 PrxX - ;scan sect istan Secretary dy Deaton END OF DOCUMENT PERFORMANCE AND PAYMENT BOND FORMS McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 STATE OF TEXAS COUNTY OF BRAZORIA Bond No. 61BCSAV9344 Section 00611 PERFORMANCE BOND Page 1 KNOW ALL PERSONS BY THESE PRESENTS: That CALCO CONTRACTING, INC. of the City of HOUSTON County of HARRIS , and State of TEXAS as Principal, and HARTFORD FIRE INSURANCE COMPANY authorized under the Laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF PEARLAND, TEXAS (Owner), in the penal sum of ONE HUNDRED FORTY-EIGHT THOUSAND AND NO/100-- Dollars ($ 148., 000 . 00) 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: (McHARD ROAD WATERLINE FROM STATE HIGHWAY 35 TO OLD ALVIN ROAD FOR THE CITY OF PEARLAND, TEXAS) Principal has entered into a certain written contract with the Owner, dated the day of 120 Ot , to 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 covendnted.b the Principal/6bd''otiserved and performed, and according to the true intent and meaning of said Contract and the Plahs'afidS ieCifieations 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 as amended and all liabilities on this bond shall be determined in accordance with the provisions of said statute 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 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 the work to be performed thereunder. *Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270. Klotz Associates Std, 06/01 10/09/01 1 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00611 PERFORMANCE BOND Page 2 IN WIN NESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20O9 . CALCO CONTRACTING, INC. Principal BY: \Ake. !NJ HARTFORD FIRE INSURANCE COMPANY Surety BY: et,- inte,cz A) Cynt ADDRESS: P.O. Box 10156 Houston, Texas 77206 The name and address of the Resident Agent of Surety is: ADDRESS: ADDRESS: A. Hartis Attorney -in -Fact P.O.. Box 4611 Houston, Texas 77210-4611 HOUSTOUN, WOODARD, EASON, GENTLE, TOMFORDE, AND ANDERSON, INC. dba Insurance Alliance 1776 Yorktown, Suite 200 Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 E Klotz Associates Std, 06/01 1 0/09/0 1 Bond No. 61BCSAV9344 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00612 PAYMENT BOND Page 1 STATE OF TEXAS COUNTY OF BRAZORIA KNOW ALL PERSONS BY THESE PRESENTS. That CALCO CONTRACTING, INC. of the City of HOUSTON, County of HARRIS , and State of TEXAS , as Principal, and HARTFORD FIRE INSURANCE COMPANY authorized under the Laws of the State of Texas to act as surety on bonds for principals, are held and firmly. bound unto CITY OF PEARLAND, TEXAS (Owner), in the penal sum of ONE HUNDRED FORTY -•EIGHT THOUSAND AND NO/100 Dollars ($ 148 , 000.00 ) 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* (McHARD ROAD WATERLINE FROM STATE HIGHWAY 35 TO OLD ALVIN ROAD FOR THE CITY OF PEARLAND, TEXAS) WHEREAS the Principal has entered into a certain written contract with the Owner, dated the 27 day of f1� the sarrie 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 con- tract, then, this obligation shall be void; othenvise 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 statute 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 effect 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. , 20 ( , to which contract is hereby referred to and made a part hereof as fully and to Klotz Associates Std, 06/01 10/09/01 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00612 PAYMENT BOND Page 2 IN ITNESS EREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 0 . CALCO CONTRACTING, INC. HARTFORD FIRE INSURANCE COMPANY Principal Surety • BY: V\%eol€D e4) ADDRESS: P.O. Box 10156 e B Re6‘16€47-4 Houston, Texas 77206 The name and address of the Resident Agent of Surety is: ADDRESS: Cis is Hartis attorney in -Fact ADDRESS: P.O. Box 4611 Houston, Texas 77210-4611 HOUSTOUN, WOODARD, EASON, GENTLE, TOMFCRDE, AND ANDERSON, INC. dba Insurance Alliance 1776 Yorktown, Suite 200 • Houston, Texas 77056-4114 TDI License #1381 FEIN #760362043 Klotz Associates Std, 06/01 I0/09/01 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of "riartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint Donald E. Woodard, Jr., Harlan J. Berger, Andrew J. Janda, C. W.:Adams, Sue Kohler, Leland L Rauch, Sharon Cavanaugh, Cynthia A. Hartis, Cheiyl R. Colson, Michael Cole of Houston, TX its true and lawful Attorneys) in -Fact, with full power and authority to each of said Attomey(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a meeting duly called and held on May 131", 1999, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal gof the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice President, resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures 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. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. ttest: Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD Ss. Hartford HARTFORD FIRE INSURANCE COMPANY Robert L. Post, Assistant Vice President On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached DOWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attomey, are now in force. Signed and sealed at the City of Hartford. Dated the day of 20 orm S-4054-2 Printed in U.S.A. J. Dennis Lane, Assistant Vice President r1Ht HARTFORD Inquiries Regarding Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number Fax - Claims E-mail • • • • • • Mailing Address : 888-266-3488 860-757-5835 or 860-547 8265 claims@lstepsurety.com The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 Acorn), CERTIFICATE OF LIABILITY INSURANCc oPID BII DATE(MMIDD/YY) ALCO-1 04/15/02 (PRODUCER -assurance Alliance 776 Yorktown, #200 ..ouston TX 77056 Phone:713-966-1776 Fax:713-966-1700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE SURED Calco Contracting Inc 8000 Berwyn Houston TX 77037 INSURER A: Scottsdale Insurance Company INSURER B: INSURER C: Trinity Universal Insurance Texas Mutual Ins Co INSURER D: INSURER E: I.UV CRAW CO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE ISSUED OR OTHER DOCUMENT WITH RESPECT REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ANY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES. AGGREGATE LIMITS INSRT TYPE OF INSURANCE POLICY NUMBER POLICY ATE (MMIDD Y) E DATE (MMIDD/YTION Y) LIMITS LIABILITY EACH OCCURRENCE $ 1000000 GENERAL COMMERCIAL GENERAL LIABILITY BCS0002595 12/31/01 12/31/02 FIREDAMAGE(Anyonefire) $ 50000 X CLAIMS MADE X J OCCUR MED EXP (Any one person) $ 5000 PERSONAL RADVINJURY $ 1000000 GENERAL AGGREGATE $ 2000000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 GEN'L POLICY PRO-LOC JECT AUTOMOBILELIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1000000 3 AUTO TCA804339805 12/31/01 12/31/02 X ANY ALL OWNED AUTOS BODILY INJURY (Per $ person) AUTOS SCHEDULED HIRED AUTOS BODILY INJURY (Per accident) $ NON AUTOS -OWNED PROPERTY DAMAGE $ (Per accident) LIABILITY AUTO ONLY - EA ACCIDENT $ GARAGE EA ACC $ OTHER THAN ANY AUTO AUTO ONLY: AGG $ LIABILITY EACH OCCURRENCE $ 5000000 EXCESS CLAIMS MADE UMS0010201 12/31/01 12/31/02 AGGREGATE $ 5000000 A OCCUR $ DEDUCTIBLE $ X RETENTION $ 10000 $ COMPENSATION AND X WC ORYILIMTS l ER WORKERS EMPLOYERS' LIABILITY SBP0001051939 12/31/01 12/31/02 E.L.EACHACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER nESCRIPTION 'roject OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS McHard Road Waterline ADDED BY ENDORSEMENT/SPECIAL PROVISIONS from State Highway 35 to Old Alvin #B2001-081, WC) Waiver of Rd Additional Insured applicable to all policies (Except a Subrogation applicable to all policies in favor of The City of Pearland & ;ngineer. CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: PEARLO1 CITY OF PEARLAND GORDON ISLAND 3519 LIBERTY DR. PEARLAND TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPR SENTATIVES, AU I_ D R%, SENTATIV es QACORD CORPORATION 1988 CORD 25-S (7/97) GENERAL CONDITIONS AMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS 'This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of Professional Engineers Professional Engineers In Private Practice AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General AMERICAN SOCIETY OF CIVIL ENGINEERS Contractors of America Construction Specifications Institute Cr Advancement CenstruCtion T chr~ ents . 1910-8-AA or These General Conditions have been prepared f ointerrelat iuse with nterrelated and e Owner-Contractor changenin one mayr neessitateoa in the other.0- 1910- 8-A-2) (1996 Editions) Their provisions arechange guidance in the preparation concerning their uy CSe are onditions,lsee Guideed in the to the Preparation of Supplementary Conditions o. 1910-17) preparation of Supplementary (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Copyright *1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 1.02 Terminology ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds 2.02 Copies of Documents 2.03 Commencemera of Contract Times; Notice to Proceed 2.04 Starting the Work 2.05 Before Starting Construction 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent , 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies 3.04 Amending and Supplementing Contract Documents 3.05 Reuse of Documents ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 00700 - 11 REFERENCE POINTS 00700 - 11 4.01 Availability of Lands 00700 - 12 4.02 Subsurface and Physical Conditions 00700 - 12 4.03 Differing Subsurface or Physical Conditions 00700 - 13 4.04 Underground Facilities 00700 - 13 4.05 Reference Points 00700 - 13 4.06 Hazardous Environmental Condition at Site 00700 - 15 ARTICLE 5 - BONDS AND INSURANCE 00700 - 15 5.01 Performance, Payment, and Other Bonds 00700 - 15 5.02 Licensed Sureties and Insurers 00700 - 15 5.03 Certificates of Insurance 5.04 CONTRACTOR'S Liability Insurance 00700 - 15 00700 - 15 5.05 OWNER'S Liability Insurance 00700 - 16 5.06 Property Insurance 5.07 Waiver of Rights 00700 - 16 00700 - 18 5.08 Receipt and Application of Insurance Proceeds 00700 - 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 00700 - 18 6.01 Supervision and Supenntendence 00700 - 18 6.02 Labor; Working Hours 00700 - 19 6.03 Services, Materials, and Equipment 00700 - 19 6.04 Progress Schedule 00700 - 19 6.05 Substitutes and "Or -Equals" 00700 - 29 6.06 Concerning Subcontractors, Suppliers, and Others 00700 - 21 6.07 Patent Fees and Royalties 00700 - 21 6.08 Permits 00700 IS 22 6.09 Laws and Regulations 00700 - 22 6.10 Taxes 00700 - 22 6.11 Use of Site and Other Areas 00700 - 22 6.12 Record Documents 00700 - 22 6.13 Safety and Protection 00700 - 23 6.14 Safety Representative 00700 - 23 6.15 Hazard Communication Programs 00700 - 6 00700 - 6 00700 - 8 00700 - 9 00700 - 9 00700 - 9 00700 - 9 00700-9 00700 - 9 00700 - 10 00700 - 10 00700 - 10 00700 - 10 00700 - 10 00700 - 11 00700 - 11 00700 - 11 00700 - 3 6.16 Emergencies 6.17 Shop Drawings and Samples 6.18 Continuing the Work 6.19 CONTRACTOR's General Warranty and Guarantee 6.20 Indemnification ARTICLE 7 - OTHER WORK 7.01 Related Work at Site 7.02 Coordination ARTICLE 8 - OWNER S RESPONSIBILITIES 8.01 Communications to Contractor 8.02 Replacement of ENGINEER 8.03 Furnish Data 8.04 Pay Promptly When Due 8.05 Lands and Easements; Reports and Tests 8.06 Insurance 8.07 Change Orders 8.08 Inspections, Tests, and Approvals 8.09 Limitations on OWNER's Responsibilities 8.10 Undisclosed Hazardous Environmental Condition 8.11 Evidence of Financial Arrangements ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative 9.02 Visits to Site 9.03 Project Representative 9.04 Clarifications and Interpretations 9.05 Authorized Variations in Work 9.06 Rejecting Defective Work 9.07 Shop Drawings, Change Orders and Payments 9.08 Determinations for Unit Price Work 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 9.10 Limitations on ENGINEER s Authority and Responsibilities ARTICLE 10 - CHANGES IN THE WORK CLAIMS 10.01 Authorized Changes in the Work 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders 10.04 Notification to Surety 10.05 Claims and Disputes ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work 11.02 Cash Allowances 11.03 Unit Price Work ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price 12.02 Change of Contract Times 12.03 Delays Beyond CONTRACTOR's Control 12.04 Delays Within CONTRACTOR's Control 12.05 Delays Beyond OWNER's and CONTRACTOR's Control 12.06 Delay Damages ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects 13.02 Access to Work 13.03 Tests and Inspections 13.04 Uncovering Work 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work 00700 - 23 00700 - 23 00700 - 24 00700 - 25 00700 - 25 00700 26 00700 - 26 00700 - 26 00700 - 26 00700 - 26 00700 - 26 00700 - 26 00700 - 26 00700 - 26 00700 - 27 00700 - 27 00700- 27 00700 - 27 00700 - 27 00700 - 27 •00700 - 27 00700 - 27 00700 - 27 00700 - 27 00700 - 28 00700 - 28 00700 - 28 00700 - 28 00700 - 28 00700 - 28 00700 - 28 00700 - 29 00700 - 29 00700 - 29 00700 - 29 00700 - 29 00700 - 30 00700 - 30 00700 - 30 00700 - 32 00700 - 32 00700 - 33 00700 - 33 00700 - 33 00700 - 33 00700- 34 00700 - 34 00700 - 34 00700 - 34 00700 - 34 00700 - 34 00700 - 34 00700 - 35 00700 - 35 00700 - 35 00700-4 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14 01 Schedule of Values 14 02 Progress Payments 14 03 CONTRACTOR': Warranty of Title 14 04 Substantial Completion 14.05 Partial Utilization 14 06 Final Inspection 14.07 Final Payment 14.08 Final Completion Delayed 14 09 Waiver of Claims ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15 01 OWNER May Suspend Work 15 02 OWNER May Terminate for Cause 15.03 OWNER May Terminate For Convenience 15.04 CONTRACTOR May Stop Work or Terminate ARTICLE 16 - DISPUTE RESOLUTION 16 01 Methods and Procedures ARTICLE 17 - MISCELLANEOUS 17.01 17 02 17.03 17.04 17.05 00700 - 35 00700 - 36 00700 - 36 00700-36 00700 - 36 00700 - 37 00700 - 38 00700 - 38 00700 - 39 00700 - 39 00700 - 39 00700 - 40 00700 - 40 00700 - 40 00700 - 40 00700 - 40 00700-41 00700 - 41 00700 - 41 00700 - 41 00700 - 42 Giving Notice 00700 - 42 Computation of Times 00700- 42 Cumulative Remedies 00700 - 42 Survival of Obligations 00700 - 42 00700 - 42 Controlling Law GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used m the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers intothe air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds —Performance and payment bonds and other instruments of security. 9 Change Order --A document recommended by ENGINEER wluch is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral 12. Contract Documents --The Contract Documents establish the rights and obligations of the' parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents Only printed or hard copies of the items listed in this paragraph are Contract Documents Files in electronic media format of text, data, graphics and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times- The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER'S written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.O1.A for definition. 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on. which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement 20. ENGINEER s Consultant —An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's mdependent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 21. Field Order --A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times 22. General Requirements --Sections of Division 1 of the Specifications The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents 30. OWNER -The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material- Source, special nuclear, or byproduct material as defined by the Atomic Energy from ct of 1954 (42 USC Section 2011 et se ) as amended time to time 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39 Shop Drawings --All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of ' the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory " or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The 00700 - 8 use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard test, or approval referred to in the Contract Documents or has been damaged prior to ENGINEER'S recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition 2. The word "install," when used in connection with services, materials or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment shall mean to furnish and install said services, materials o r equipment complete and ready for intended use 4. When "furnish," "install," "perform," or "pro- ✓ ide' is not used in connection with services, materials, or equipment in a context clearly requiring an obligation o f CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER anyconflict, error ambiguity, or discrepancy which CONTRACTOROor my discover and shall obtain a written interpr etation clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEERforfailure to en act y conflict, error, ambiguity discrepancy Documents unless CONTRACTOR knew or reasonably should have known thereof B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to .each additional insured identified m the Supplementary Conditions certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required td purchase and maintain in accordance with Article 5 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropnate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05 B, procedures for handling Shop Drawings and other submittals processing Applications for Payment, and maintaining required records 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submttals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: "INTENT, AMENDING, REUSE 3.01 Intent A The Contract Documents are complementary, what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), 00700 - 10 except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGEER,orr ny of their subcontractors, consultants, agents,employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER ENGINEER, or any of ENGINEER'S Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER s approval of a Shop Drawing or Sample; or (tii) ENGINEER'S written interpretation or clarification. A. Reporting Discrepancies 1 If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents any between or o the Contract Documents and any provision r Regulation applicable to the performance of the Work or of any standard, specification, manual or code or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership nghts in any of the Drawings Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER'S Consultant including electronic media editions; and (ti) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. ng copies o Noerein shall preclude thing the Contract Documents CONTRACTOR d from retaining p purposes. ARTICLE 4 - AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Avazlability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price orW�Rct Times, or both, as a result of any delay in O furnishing the Site CONTRACTOR may make a Claim therefor as provided in paragraph 10 05. 00700 - 11 B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's mterest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1 those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments, and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A) notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so B ENGINEER's Review: After receipt of wntten notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR'S cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03 00700 - 12 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER during construction, and d the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of' any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of. or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700 - 13 monuments, and shall make no changes of relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER s Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing) OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 00700 - 14 in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants and the officers directors, partners, employees, agents, them from consultants, and subcontractors of each and any of and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR toindemnify any individual or entity from and against the consequences of that individual's_or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published uliService, CSircular ety 570 (amended) by the Financial Management Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements 00700 - 15 of paragraph 5.O1.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5 O1.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each hadditional ioncerl insured d identified in the Supplementary Conditions f insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR'S Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance of the Work and CONTRACTOR'S other obligations under the Contract by Documents, whether it is to beperformed CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any wh ofe acts them a to o perform any of the Work, or by anyone foof them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of obodily injury, innju ofr death occupational sickness or disease, CONTRACTOR'S employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom, and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04 A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR s indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5 03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at fmal payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk 'all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 00700 - 16 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07 D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property Insurance policies provided under paragraph 5.06 OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5 06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and the officers, directors partners, employees agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption loss of use, or other consequential loss extending beyond direct hphe physical Work loss or damage to OWNER's property caused by arising out of or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or o thereof caused by, arising out of, or resulting from other insured peril or cause of loss covered by any property insurance maintained on the coampletu d Projector part thereof by OWNER during p lotion pursuant to paragraph 14.05, after Substantial Comp 00700 - 17 pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14 07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors ENGINEER, or ENGINEER s Consultants and the officers directors, partners, employees, agents and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds as their interests may appear subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in wntmg within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05 no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated m and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR 00700 - 18 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all tunes maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor transportation, construction equipment and machinery, tools appliances, fuel, power, light, heat, telephone, water sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected erected, protected, used cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones) Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under. the circum- stances described below. 1. "Or -Equal" Items: If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may in ENGINEER'S sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that (i) it is at least equal in quality durability, appearance, strength, and design characteristics (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (1) there is no increase in cost to the OWNER; and (li) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR N TRACTOR does not qualify as an"or-equal" 00700 - 19 paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER will be as set forth in paragraph 6.05 A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of' the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item B Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.0S.A.2. C. Engineer's Evaluation. ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability No "or -equal" or substitute will be ordered installed or utilized until ENGINEER s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal " ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or m the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06 B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 00700 - 20 entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcon- tractor, Supplier or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers directors, partners employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Pennits A. Unless otherwise provided in the Supplementary Conditions CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700-21 and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR s compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03 C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees .and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 00700 - 22 Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. • 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection removal, relocation and replacement of their property All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A 3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'S Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable and not attributable, directly or indirectly in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR'S duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER' and CONTRACTOR in accordance with paragraph 14 07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion) 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other bastard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations 6.16 Emergencies • A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes m the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordancde Sample e acceptable schedule of Shop Drawings 00700 - 23 submittals. Each Sample will be identified clearly as to matenal Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07 any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop • Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR .from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 00700 - 24 as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER s Consultants that all Work will be in accordance with the Contract Documents and will not be defective CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by* 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR'S obligation to complete the Work in accordance with Documents shall be absolute. None of the constitute an acceptance of Work that is not with the Contract Documents or a CONTRACTOR'S obligation to perform accordance with the Contract Documents: 1. observations by ENGINEER; perform and the Contract following will in accordance release of the Work in 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER: 4 use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants and the officers, directors partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants agents officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER'S Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700 - 25 ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CON- TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of' others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The dunes and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3 the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth m paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 00700 - 26 and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER'S responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR'S executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER'S visits and observations are subject to all the limmitations on ENGINEER s authority and responsibility set forth in paragraph 9.10, and particularly but without limitation, during or as a result of ENGINEER'S visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 00700 - 27 representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10 11, and 12. C. In connection with ENGINEER'S authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- sibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority 00700 - 28 or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR s failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER s review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3 04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04 B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.O1.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - 29 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision • ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall mclude only the following items, and shall not include any of the costs itemized in paragraph 11.O1.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 00700 - 30 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor s Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site and hand tools not owned by the workers which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation loading unloading, assembly, dismantling, and removal thereof All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR'S fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes m the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items. 1 Payroll costs and other compensation of CONTRACTOR'S officers executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4 all of which are to be 00700-31 considered administrative costs covered by the CONTRACTOR'S fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of niaterials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.O1.A and 11.O1.B. C. CONTRACTOR's Fee When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.O1.A and 11.O1.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead profit, and other expenses contemplated for the allow- ances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12 01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR'S fee for overhead and profit (deter- mined as provided in paragraph 12.O1.C). C. CONTRACTOR'S Fee: The CONTRACTOR'S fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR'S fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR'S fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11 01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease m cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR'S fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2 a through 12.01.C.2.e, inclu- sive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party makmg the claim to the ENGINEER and the 'other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within thehe •tContrcact Tunes (or Milestones) due to delay bey ol of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Decays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by • 00700 - 33 Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR s sole and exclusive remedy for such delay. 12.06 Delay Damages A In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from. 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12 06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests or approvals required by the Contract Documents except: 1. for inspections tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13 04.B, and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER'S and ENGINEER s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. 00700 - 34 E. If any Work (or the work of others) that is to be inspected tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR'S expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10 05 If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attribut- able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR'S use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions• (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that 00700-35 item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional penod of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER s recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all Claims, costs, losses, and damages (includmg but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto ' take possession of CONTRACTOR's tools appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER s representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions m the Contract Documents with respect to the Work and OWNER shall be entitled to an appropriate decrease in the Contract Pnce If the parties are unable to agree as to the amount of the adjustment OWNER may make a Claim therefor as provided m paragraph 10 05. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07 A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER Progress payments on account of Unit Price Work will be based on the number of units completed. 00700 - 36 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR'S legitimate obligations associated with prior Applications for Payment 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER s review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and beltef: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for m the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER'S review of CONTRACTOR'S Work for the purposes of recom- mending payments nor ENGINEER'S recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR'S performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER'S opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.B h ENGINEER may also refuse to recommend any payment or, because of subsequently discoveredor tests evidence or the results of subsequent inspections 00700 - 37 revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: a the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount, recommended will (subject to the provisions of paragraph 14 02.D) become due and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any arnount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the arnount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14 02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after considering such objections, ENGINEER concludes that the Work is not substantially complete ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor If, after consideration of OWNER's objections ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- 00700 - 38 ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER m writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following conditions 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 00700 - 39 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER s recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S fmal Application for Payment and recommendation of ENGINEER, and without terminating the Agreement make payment of' the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retamage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2 07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR'S disregard of the authority of ENGINEER; or 4. CONTRACTOR'S violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 00700-40 the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR'S services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other rig it or remedy of OWNER elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items). 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700-41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if 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 or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable junsdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement.. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - 42 SUPPLEMENTARY CONDITIONS McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 1 TABLE OF CONTENTS ARTICLE PAGE NO. GENERAL 2 1 Definitions and Terminology 2 2 Preliminary Matters 2 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points 4 5 Bonds and Insurance 4 6 Contractor's Responsibilities 8 8 Owner's Responsibilities 10 9 Engineer's Status During Construction 10 10 Changes in the Work; Claims 11 11 Cost of the Work; Cash Allowances; Unit Price Work 11 12 Change of Contract Price; Change of Contract Times 12 13 Tests and Inspections; Correction, Removal or Acceptance 12 of Defective Work 14 Payments to Contractor and Completion 13 15 Suspension of Work and Termination 13 17 Miscellaneous 14 Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Protect No. 21812 GENERAL Section 00800 SUPPLEMENTARY CONDITIONS Page 2 The Supplementary Conditions amend or supplement the ' Standard General Conditions of the Construction Contract" (EJCDC No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC 1.20. Add a new paragraph immediately after Paragraph 1.18. of the General Conditions which is to read as follows: 1 20 A ENGINEER's consultants are defined as: 1 20 A l C L Davis & Company 1.20.A.2. Geotest Engineering, Inc. ARTICLE 2 - PRELIMINARY MATTERS SC 2.02. Amend the first sentence of Paragraph 2.02. of the General Conditions to indicate the number of copies of Contract Documents as follows: 4 copies of reduced scale Drawings, and 4 copies of full scale Drawings shall be furnished with 4 copies of the Project Manual. SC 2.05.A. Add the following sentence at the end of Paragraph 2.05.A. of the General Conditions• A request for written interpretation or clarification of the Contract documents shall be submitted on the Written Clarification/Interpretation Request form provided in Appendix A of this Project Manual. SC 2.05.B. Amend the first sentence of Paragraph 2.05.B.3. of the General Conditions by inserting the words "Except for Unit Price Work," at the beginning of the sentence. SC 2.05.C. Delete Paragraph 2.05.C. of the General Conditions in its entirety and replace with the following: Evidence of insurance: Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 3 2.05.C. When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver tp OWNER, with a copy to each additional insured, identified certificates of insurance (and other evidence of insurance which OWNER or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. Before any Work at the site is started, OWNER will deliver to CONTRACTOR certificates of insurance (and other evidence of insurance which CONTRACTOR or any additional insured may reasonably request) which OWNER is required to purchase and maintain in accordance with Article 5. SC 2.06. Add new paragraphs immediately after Paragraph 2.8. of the General Conditions which are to read as follows: 2.06.B. The conference will be held at a location selected by OWNER The conference shall be attended by: 2.06.B.1. CONTRACTOR'S Office Representative. 2 06 B 2 CONTRACTOR's Resident Superintendent. 2.06.B.3. CONTRACTOR'S Safety Representative. 2.06.B.4. Any Subcontractors' or Suppliers' representatives whom CONTRAUI OR may desire to invite or ENGINEER may request. 2.06.B.5. OWNER's Representatives. 2 06 B 6 ENGINEER's Representatives and any ENGINEER'S Consultants ENGINEER may invite. 2.06.B.7. Local Utilities Representatives. 2.06.C. A suggested format would include, but not be limited to, the following subjects: 2.06.C.1. Presentation of the preliminary progress schedule in accordance with Section 01330. 2.06.C.2. Liquidated damages. 2.06.C.3. Procedures for handling submittals such as Shop Drawings and other submittals. 2.06.C.4. Direction of correspondence, and coordinating responsibility between CONTRACTORS. 2.06.C.5. Project meetings. 2.06.C.6. Equal opportunity requirements. 2.06.C.7. Laboratory testing of material requirements. 2.06.C.8. Procedures for inventory of material and equipment stored on -site or off -site if off -site storage is authorized 2.06.C.9. Review schedule of values, application for progress payment, and progress payment procedures. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 4 2.06.C.10. Change Order procedures. 2.06.C.11. Posting of OWNER's sign. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS SC 4.02. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants have relied upon: 4.02.A. The following reports of explorations and tests of subsurface conditions at the site of the Work: 4.02.A.1. Report dated July 12, 2001, prepared by Geotest Engineering Inc , Houston, Texas, entitled: Geotechnical Investigation, McHard Road Waterline Highway 35 to Old Alvin Road Pearland, Texas. Copies of these reports that are not included with Bidding Documents may be examined or obtained as described in the Official Notice to Bidders These reports are not part of the Contract Documents, but the technical data contained therein upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02.A.2. of the General Conditions are incorporated therein by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER's Consultants in the preparation of Drawings and Specifications. ARTICLE 5 - BONDS AND INSURANCE SC 5.O1.A. 5.01.A.1. The person executing a payment and performance bond must be licensed as a Texas Local Recording Agent through the State Board of Insurance as required by the laws of the State of Texas. 5.01.A.2. The person executing the payment and performance bonds must hold an appointment from the surety company to execute payment and performance bonds and bind such surety, and such appointment must be recorded in the office of the State Board of Insurance. SC 5.01.C. Add the following language at the end of Paragraph 5.01.C. of the General Conditions: In addition, no further progress payments under the Agreement will be made by OWNER until CONTRACI OR complies with the provisions of this paragraph. SC 5.02.A. Add the following language at the end of Paragraph 5.02.A. of the General Conditions: Surety or insurance company shall be a "B" Rated Company. SC 5.03.A. Delete Paragraph 5.03.A. of the General Conditions in it's entirety and insert the following in its place: Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Protect No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 5 5 03.A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with Paragraphs 5 04. and 5.06. hereof. CONTRACTOR'S LIABILITY INSURANCE SC 5.04. The limits of liability for the insurance required by Paragraph 5.04. of the General Conditions shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations: 5.04.A.1. and 5.04.A.2. Worker's Compensation, etc., under Paragraphs 5.04.A.1. and 5.04.A.2. of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's): Statutory 5.04.A.3., 5.04.A.4., and 5.04.A.5. Contractor's General Liability under Paragraphs 5.04.A.3. through 5.04.A.5. of the General Conditions which shall include completed operations and product liability coverages: (1) Bodily Injury (Each Occurrence): $ 500,000 (2) Property Damage (3) Personal Injury Liability coverage will include claims arising out of employment. (4) Property Damage Liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. (5) $ 100,000 Excess Liability (Each Occurrence): $ 1,000,000 5.04.A.6. Automobile Liability: (1) Bodily Injury Each Person: Each Accident: $ 500,000 $ 500,000 Property Damage (1) Each Accident: $ 500,000 Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 6 Add the following new paragraph after 5 04 B 7 of the General Conditions for all Texas projects: 5.04 B 8 Workers' Compensation Insurance Coverage A. Definitions. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission (the "TWCC"), or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section §406.096 of the Texas Labor Code) - includes all person or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, which meets the statutory requirements of Texas Labor Code, §401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the Owner, showing that the coverage has been extended. E. The Contractor shall obtain from each person providing services on the project, and provide to the Owner: (1) A certificate of coverage, prior to that person beginning work on the project, so that the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project. (2) No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage on file for the duration of the project and for one year thereafter. G. The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the piovision of coverage of any person providing services on the project. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C'ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 7 H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the TWCC, informing all persons providing services on the project that they are required to be covered and stating how a person may verify current coverage and report failure to provide coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filmg of any coverage agreements, which meets the statutory requirements of Texas Labor Code §440.001(44) for all its employees providing services on the project, for the duration of the project. (2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. (3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) Obtain from each other person with whom it contracts, and provide to the Contractor: a) A certificate of coverage, prior to the other person beginning work on the project. b) A new certificate of coverage showing extension of the coverage period, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) Notify the Owner in writing by certified mail or personal delivery within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Contractually require each other person with whom it contracts to perform as required by paragraphs 1 through 7, with the certificate of coverage to be provided to the persons for whom they are providing services. (7) J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner that all employees of the Contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance cartier or in the case of a self -insured, with the TWCC's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the Owner. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 8 Attached in Appendix B is the form of notice of workers' compensation coverage prescribed by the TWCC. Pursuant to Section § 110.110(d)(7), this notice must be printed with a title in at least 30-pomt bold type, and text in at least 19- point normal type, and shall be in both English and Spanish and any other language common to the worker population. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC 6.05.A. Delete subparagraph 6.05.A.1. of the General Conditions in its entirety and replace with the following: 6.05 A.1. "Or Equal": If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named equal in material and constructed quality, and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. SC 6.06. Delete the words "Supplementary Conditions" in two places and replace with the words "Instructions to Bidders" in Paragraph 6 06 B of the General Conditions. SC 6.08. Delete the last sentence in Paragraph 6.08. of the General Conditions and replace with the following: Unless otherwise specified m the General Requirements or Specifications, CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. SC 6.10. Delete paragraph A. Add the following new paragraphs after Paragraph 6.10. of the General Conditions: 6.10.A. Contractor must obtain a Texas sales tax permit. 6 10 B All Subcontractors and Sub -subcontractors must obtain a Texas sales tax permit. 6.10.C. Contractor must comply with the Limited Sales, Excise, and Use Tax requirements of House Bill 11 of the 73rd Texas Legislature, now codified in Vernon's Civil Statutes, Chapter 151. The requirements specified in 6.10.D. are based on the referenced statute. 6 10 D Incorporated material shall be exempt from sales and use tax in that the Work is being performed for the OWNER, a tax exempt governmental entity. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 9 Without prior written approval of OWNER to the contrary, CONTRACTOR shall separate: (a) the part of the billing attributable to incorporated material (i.e materials to be incorporated into the Work), which billing shall not exceed the actual costs of such materials to the CONTRACT OR, or any Subcontractor, as the case may be, (b) the part of the billing attributable to non -Incorporated material, and (c) the part of billing attributable to their costs and fees. By virtue of the tax-exempt status of the Work, CONTRACTOR shall neither (i) collect sales or use tax from OWNER or (ii) pay sales tax to any Subcontractor or materialman with respect to Incorporated Material (CONTRACTOR will execute and deliver a resale certificate for such incorporated material to the Subcontractor or materialman who supplied CONTRACTOR with the Incorporated Material) When CONTRACTOR purchases, rents, or leases non -incorporated material, CONTRACTOR or Subcontractor must pay sales or use tax at the time or purchase, rental, or lease of such non - incorporated material. All Subcontracts shall provide the Subcontractor must comply with the provisions of this paragraph. For purposes of this section, the term Subcontractor shall mclude a Sub -subcontractor and materialman as appropriate in context. All Sub -subcontractors shall be subject to the same separated contract provisions that are applicable to CONTRACTOR. Without prior written approval of OWNER to the contrary: (a) all Subcontracts entered into by and between CONTRACTOR and any Subcontractor, and (b) all Subcontracts entered mto by and between the Subcontractor and Sub - subcontractors relatmg to the Work shall be separated contracts and final billings by the Subcontractors or Sub - subcontractors as applicable shall separate (i) the part of the billing attributable to incorporated material (which billing shall not exceed the actual cost of such materials to the Subcontractor or Sub -subcontractor, as the case may be); (ri) the part of the billing attributable to non -incorporated material and (iii) the part of billing attributable to other costs and fees. All Subcontracts shall provide that when the Subcontractor purchases incorporated material, such Subcontractor will execute and deliver a resale certificate for such incorporated material to the Sub -subcontractor or materialman who supplied Subcontractor with the incorporated material. As a result, Subcontractor will not have to pay sales or use tax on such incorporated material at the time purchase. When Subcontractor invoices CONTRACTOR for the cost of incorporated material, CONTRACTOR will execute and deliver a resale certificate for such Incorporated Material to Subcontractor, and Subcontractor shall not collect sales or use tax on the cost of such incorporated material. When any Subcontractor purchases, rents, or leases non-mcorporated material, such Subcontractor must pay sales or use tax at the time of purchase, rental or lease of such non -incorporated material. All Sub -subcontracts between a Subcontractor and a Sub -subcontractor shall be subject to the same separated contract provisions that are applicable to Subcontracts between CONTRACTOR and Subcontractor. SC 6.16. Add a new paragraph immediately after Paragraph 6.16.A. of the General Conditions which is to read as follows: 6.16.B. In emergencies affecting the safety or protection of persons or property or maintenance of temporary construction at the site or adjacent thereto, and CONTRACTOR cannot be reached, OWNER may act to attempt to prevent threatened damage, injury, or loss. OWNER will give CONTRACTOR and ENGINEER prompt written notice of such action and the cost of the correction or remedy shall be charged against CONTRACTOR. A Change Order will be issued to document the change in Contract Price. SC 6.17.E.3. Add a new subparagraph immediately after Paragraph 6.17.E.3. of the General Conditions which shall read as follows: Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C'ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 10 6.17.E.4. After ENGINEER has reviewed and approved a Shop Drawing or Sample CONTRACTOR shall provide the material or equipment approved. ENGINEER will not review subsequent submittals of a different manufacturer or Supplier unless CONTRACTOR provides sufficient information to ENGINEER that the approved material or equipment is unavailable, time of delivery will delay the construction progress or OWNER requests a different manufacturer or Supplier. SC 6.20.C. Delete Paragraph 6.20.C. of the General Conditions in its entirety. ARTICLE 8 - OWNER'S RESPONSIBILITIES SC 8.12. Add a new paragraph immediately after Paragraph 8.11 of the General Conditions which is to read as follows: 8.12. OWNER will furnish a Site Representative, assistants, and other field staff to observe performance of the Work. The duties and responsibilities of OWNER'S Site Representative are described as follows: 8.12.A. Become familiar with the Contract Documents to observe the progress and quality of the executed Work, and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 8 12 B Promptly forward to ENGINEER, reports from CONTRACTOR indicating conflict, error or discrepancy in the Contract Documents to enable ENGINEER to issue a written clarification or interpretation as provided for in Paragraph 9.04. of the General Conditions 8.12.C. Provide ENGINEER with copy of Site Representatives' daily log. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC 9.03. Delete Paragraph 9.03. of the General Conditions in its entirety and insert the following: 9.03. OWNER will provide a Site Representative whose responsibilities and duties are described in SC 8.12. SC 9.08. Delete Paragraph 9.08. of the General. Conditions in its entirety and insert the following in its place: 9.08. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR, and not subject to appeal (except as modified by ENGINEER to reflect changed factual conditions ) Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 SC 9.10. Section 00800 SUPPLEMENTARY CONDITIONS Page 11 Add a new paragraph immediately after Paragraph 9.10.E. of the General Conditions: 9.10.F. When ENGINEER is on the Project site to perform the duties and responsibilities as set forth in the Contract Documents, ENGINEER will comply with CONTRACTOR'S safety plans, programs, and procedures In the event ENGINEER determines that CONTRACTOR s safety plans, programs, and procedures do not provide adequate protection for ENGINEER, ENGINEER may direct its employees to leave the Project site or implement additional safeguards for ENGINEER's protection If taken, these actions will be in furtherance of ENGINEER's responsibility to its own employees only, and ENGINEER will not assume any responsibility for protection of any other persons affected by the Work. In the event ENGINEER observes situations which appear to have potential for immediate and serious injury to persons, ENGINEER may warn the persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and ENGINEER will not, by the issuance of any such warning, assume any responsibility to issue future warnings or any general responsibility for protection of persons affected by the Work. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC 10.01.B. Add the following sentence at the end of 10.05.A. of the General Conditions: Notice of the amount or extent of the claim shall include the following certification: CONTRACTOR certifies that this claim is made in good faith, that the supporting data are accurate and complete to the best of CONTRACTOR'S knowledge and belief, and that the amount or time requested accurately reflects the Contract adjustment for which CONTRACTOR believes OWNER is liable. SC 10.03. Add a new paragraph after 10.03.A.3. of the General Conditions which is to read as follows: Change Orders will be prepared on the form included in Appendix C of this Project Manual. SC 10.05. Amend Paragraph 10.05.A. of the General Conditions by deleting the words "thirty days" in the 4th line and inserting the words "ten days" in their place, and deleting the words "sixty days" in the 8th line and inserting the words "thirty days" in their place. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC 11.03. Delete Paragraph 11.03.C. of the General Conditions in its entirety and insert the following in its place. 11.03.C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjust! lent under the following conditions: Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 Section 00800 SUPPLEMENTARY CONDITIONS Page 12 11.03.C.1. If the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25% from the estimated quantity of such item indicated in the Agreement; 11.03.C.2. If there is no corresponding adjustment with respect to any other item of Work; and 11.03.C.3. If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC 12.01.B.2. Delete Paragraph 12.01.B.2. of the General Conditions in its entirety and insert the following in its place: 12.01.B.2. where the Work involved is not covered by unit prices contained in the Contract Documents by a mutually agreed lump sum which includes an allowance for overhead and profit in accordance with Paragraph 11 03 B SC 12.03. Add a new paragraph immediately after Paragraph 12.04.A. of the General Conditions 12.03.B. Except as provided for in Paragraph 15.01., CONTRACTOR shall make no claim for damages for delay in the performance of the Work occasioned by acts or neglect by OWNER or any of its representatives, including ENGINEER or ENGINEER's Consultant, or because of any injunction which may be brought agamst OWNER or its representative, including ENGINEER or ENGINEER s Consultant, and agrees that any such claim shall be fully compensated for by an extension of time in an amount equal to the time lost due to such delay, and that such time extension shall be CONTRACTOR'S sole and exclusive remedy for such delay. SC 12.07. Add a new paragraph immediately after Paragraph 12.06. of the General Conditions: 12.07. Time extensions provided under Paragraphs 12.03. through 12.06. of the General Conditions will be only allowed for controlling items of Work (critical path). ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC 13.03 D. Add a new sentence at the end of Paragraph 13.03.D. of the General Conditions which is to read as follows: It is not the intent of this paragraph to require CONTRACTOR to be responsible for the cost of OWNER or ENGINEER to witness inspections or tests unless otherwise set forth in the Specifications. Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC 14.02.A.1. Section 00800 SUPPLEMENTARY CONDITIONS Page 13 Delete Paragraph 14.02.A.1. of the General Conditions in its entirety and insert the following in its place: 14.02.A.1. On or before the lst 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 Close of Business being the 25t' of the 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 approved estimate by the ENGINEER will be turned into the OWNER, and payment to the CONTRACTOR will be made by the loth day of the following month. SC 14.04. Add new paragraphs immediately after Paragraph 14.04. of the General Conditions which are to read as follows: 14.04.A. CONTRACTOR's request for issuance of a Certificate of Substantial Completion shall include schedules, guarantees, maintenance and operations instructions, Bonds certificates or other evidence of insurance required by Paragraph 5.04., certificates of inspection, affidavit of wage rate compliance marked -up record documents (as provided in Paragraph GC 6.12) and other documents ENGINEER will not prepare a tentative certificate of Substantial Completion until all operation and maintenance data has been submitted. 14 04 B The Work will be considered substantially complete when the water line is in satisfactory service. SC 14.07.A. Amend the first sentence of Paragraph 14 07.A. of the General Conditions by striking out the following words: "and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, marked up record documents (as provided in Paragraph 6.12), and other documents." SC 14.10. Add a new paragraph immediately after Paragraph 14.09.A.2. of the General Conditions which is to read as follows: Additional Engineering Costs: 14 09 B In addition to the liquidated damages set forth in the Agreement, CONTRACTOR shall be liable for all additional costs for ENGINEER's services beyond Substantial and Final Completion dates. OWNER will deduct these costs from any monies due or that may become due CONTRACTOR or Surety and pay ENGINEER for said services. ARTICLE 15 - SUSPENSION OF WORK SC 15.04. Amend Paragraph 15.04. of the General Conditions by striking out the words "thirty days" in four places and inserting the following words in their place, "sixty days", and by striking out the words "seven days" in two places and inserting the following words in their place, "ten days." Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C ty of Pearland Klotz Associates Project No. 21812 ARTICLE 17 - MISCELLANEOUS SC 17.01. Section 00800 SUPPLEMENTARY CONDITIONS Page 14 Delete Paragraph 17.01. of the General Conditions and insert the following in its place: 17.01. Whenever any provision of the Contract Documents requires the giving of a written notice or the delivery of any Bond, Agreement, Certificate of Insurance or any other item, it shall be deemed to have been validly delivered if given in person to the individual, to a member of the firm or to an officer of the corporation for whom it is intended, or if given at or sent by registered or certified mail (return receipt), postage prepaid, to the last business address known to the deliverer of the article SC 17.06. Add a new paragraph immediately after Paragraph 17.05 of the General Conditions which is to read as follows: 17.06. Lien Waivers: OWNER may at any time require CONTRACTOR to furnish lien waivers for labor and materials covered by specified Applications for Payment. * * * END OF SUPPLEMENTARY CONDITIONS * * * Klotz Associates Std, 06/01 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 00911 ADDENDUM NO. 1 Page 1 ANSWERS ARE PROVIDED BELOW FOR QUESTIONS RAISED AT THE PRE -BID MEETING ON MARCH 20, 2002. 1. Tapping sleeves must be full circle type. Split sleeves are not acceptable. 2. The CONTRACTOR may use City of Pearland water at no cost for construction and for disinfection. CONTRACTOR must first obtain a water meter from the City of Pearland. The City of Pearland requires a $750 refundable deposit on 2" fire hydrant meter. 3. The CONTRACTOR is required to obtain a permit in accordance with City of Pearland Ordinance 817 for any onsite disposal of soils. 4. AWWA C909 PVC pipe is not acceptable for the 16" portion of this waterline job. AWWA C905 PVC pipe is required for the 16" waterline. 5. Pipe joints shall be in accordance with Section 02081 — PVC Pipe for Buried Service, Part 2, 2.01, paragraph C. J Provide mechanical joint restraints for PVC as shown on the Drawings and as specified in Section 02514 - Water Main Accessories. 6. The City of Pearland will perform the required bacteriological testing during disinfection of the water mains. CONTRACTOR'S use of high test calcium hypochlorite or tablet method of disinfection shall be as approved by ENGINEER and in accordance with AWWA procedures. 7. Cement stabilized sand is required for backfill and pipe embedment zone under pavement. Refer to drawings and specifications for suitable materials to be used in unpaved areas. 8. Bid Item No. 12 has been changed. Use attached revised Section 00410- Bid Form when submitting bids. ***END OF ADDENDUM*** 4)0 � E O i iC ,';�t j �.a• •.• �1 �� . ." jam.= - .. deter .� . • .. • i.0.,r4ao....• 000000 . 4o .2 SALFFlED JOS~ TI l r i7 i ( ' tellno+,.11.s••.•..o..{{eoo{.J{o ••. el S. 70312 : t - ' ,, coo �+, o ;'Pe : 4<, f'N •••;, Ave% %Tv_ c-•° *eviA °••• o • r•• .. Jr • • 03/25/02 SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01100 SUMMARY OF WORK Page 1 PART 1 GENERAL 1.01 PROJECT DESCRIPTION A. Work of this Contract comprises construction of approximately 32 feet of 8-inch waterline, 310 feet of 12- inch waterline and 2,651 feet of 16-inch waterline m Pearland, Texas B. The 16-inch waterline is located within a 15-foot wide easement and the right-of-way of proposed McHard Road from Highway 35 to Old Alvin Road. The 12-inch waterline is located within a 25-foot wide easement from proposed McHard Road to Alice Street 1.02 FORM OF SPECIFICATIONS A. These Specifications are written in imperative and abbreviated form. Imperative language of Specification sections is directed at CONTRACTOR, unless specifically noted otherwise. Incomplete sentences in Specifications shall be completed by inserting "shall," "CONTRACTOR shall," "shall be," and similar mandatory phrases by inference in same manner as they are applied to notes on Drawings Words "shall be" shall be supplied by inference where colon (:) used within sentences or phrases. Except as worded to contrary, fulfill (perform) indicated requirements whether stated imperatively or otherwise. B. Items of Work are specified by section Specifications or requirements of one or more sections may apply or be referenced in other sections. C. Provide Work described and comply with requirements stated in each Specification section and Drawings unless specifically assigned to other Contractors or OWNER D. Term "provide" or "provided" shall mean "furnish (ed) and install (ed) by CONTRACTOR." 1.03 CONTRACTS A. Perform Work under single lump sum Contract with OWNER. 1.04 WORK BY OTHERS A. A new water line will be constructed east of this line in this project. Therefore, other utility companies may be working in the area at the same time this project is in progress. 1.05 MILESTONES (WORK SEQUENCE) A. Schedule work so that each section of new waterline can be placed in service as that section is completed. 1.06 CONTRACTOR'S USE OF PREMISES A. CONTRACTOR will have complete and exclusive use of premises for execution of Work. 1.07 LICENSES AND PERMITS A. The Owner has applied for a TXDOT permit to tie in to the water line in TXDOT right-of-way on Highway 35. A copy will be furnished to the Contractor and the Contractor will be responsible for complying with the requirements of that permit. Contractor shall prepare and submit a traffic control plan to ENGINEER for approval by TXDOT at least 10 days prior to onsite mobilization. Klotz Associates Std, 10/01 Printed 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01100 SUMMARY OF WORK Page 2 1.08 STAKING A. The ENGINEER has set temporary benchmarks and has staked baselines for the project. B. It is the CONTRACTOR'S responsibility to protect and maintain the benchmarks and baselines set by the ENGINEER. Restaking will be at the CONTRACTOR S expense C. Construction staking is the responsibility of the CONTRACTOR. D. Use the surveying controls set by the ENGINEER in setting construction staking. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * * END OF SECTION * * * Klotz Associates Std, 10/01 Printed 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 1 PART 1 GENERAL 1.01 SUMMARY A. This section describes the work included in each bid item and the method of measurement applicable to each bid item. 1.02 DESCRIPTION OF BID ITEMS A. Bid Item No. 1: General Requirements. 1. Work and services as described below. a. Section 01330: Submittals b. Section 01410: Protection of Environment. c. Section 01450 Testing Laboratory Services d. Section 01500: Temporary Construction Facilities and Utilities e. Section 01555: Traffic Control and Regulation f. Section 01578: Control of Ground Water and Surface Water g. Section 01730: Operation and Maintenance Data h. Section 01780: Record Documents i. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Mobilization and demobilization. b. Performance and Payment Bonds. c. Insurance Premiums. d. General requirements of sections listed. 3. Measurement for Payment: a. Measure in lump sum. B. Bid Item No. 2: Trench Safety System. 1. Work and services as described below. a. Section 01560: Trench Safety System b. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Include all costs of compliance with OSHA and State regulations. 3. Measurement for Payment: a. Measure in linear feet. C. Bid Item No. 3: 12-inch Waterline Using Open Cut Construction. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 2 d. Section 02341 — Cement Stabilized Sand e . Section 02510: Water Mains f. Section 02511: Dismfection of Water Mains g. Section 02514: Water Main Accessories h. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing and disinfection of waterline. e . Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure in linear feet. D. Bid Item No. 4: 16-inch Waterline Using Open Cut Construction. 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting d. Section 02341— Cement Stabilized Sand e . Section 02510: Water Mains f. Section 02511: Disinfection of Water Mains g. Section 02514: Water Main Accessories h. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing, and disinfection of waterline. e . Other appurtenant and incidental Work. f. General requirements of sections listed. Measurement for Payment: a. Measure in linear feet. E. Bid Item No. 5 through 12: Waterline Fittings. 1. Work and services as described below. a. Section 02081: PVC Pipe for Buried Service b. Section 02315: Trenching, Backfilling & Compacting c. Section 02510: Water Mains d. Section 02511: Disinfection of Water Mains e . Section 02514: Water Main Accessories f. Other sections containing appurtenant and incidental Work. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 3 2. Include cost of: a. Site preparation. b. Pipe materials and accessories. c. Excavation, bedding, concrete blocking, backfill and compaction. d. Installation, testing, and disinfection of waterline fittings. e. Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure each. F. Bid Item No. 13 through 16: Gate Valves. 1. Work and services as described below. a. Section 02315: Trenching, Backfilling & Compacting b. Section 02510: Water Mains c. Section 02511: Disinfection of Water Mains d. Section 02512: Valves for Water Mains e. Section 02514: Water Main Accessories f. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation. b. Pipe materials and accessories. c. Excavation, bedding, concrete blocking, backfill and compaction. d. Installation, testing and disinfection of waterline gate valves. e. Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure each. G. Bid Item No. 17: Fire Hydrants 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02511: Disinfection of Water Mains c. Section 02513: Fire Hydrants d. Section 02514: Water Main Accessories e. Details on Drawings. f. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Each fire hydrant complete in place. c. Shutoff valve, fittings, and tees d. Concrete blocking or restraining hardware e. Excavation, bedding, backfill and compaction. f. Installation, testing and disinfection of fire hydrants. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 4 g• h Other appurtenant and incidental Work. General requirements of sections listed. 3. Measurement for Payment: a. Measure each. H. Bid Item No. 18: Remove Existing 16-inch Plug & Clamp, Connect Proposed 16-inch Waterline 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting d. Section 02510: Water Mains e . Section 02511: Disinfection of Water Mains f. Section 02514: Water Main Accessories g. Other sections containing appurtenant and incidental Work. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing, and disinfection of waterline. e . Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure as lump sum. I. Bid Item No. 19: Remove Existing Tee and Connect Proposed 12-inch Waterline 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting d. Section 02510: Water Mains e . Section 02511: Disinfection of Water Mains f Section 02514: Water Main Accessories g. Other sections containing appurtenant and incidental Work. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing and disinfection of waterline. e . Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure as lump sum. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 J. Bid Item No. 1. Work a. b. c. d. e. f. g• h. 20: 8-inch Waterline with Mechanical Joint Restraints. Section 01270 MEASUREMENT AND PAYMENT Page 5 and services as described below. Section 01451: Testing Pressure Piping Systems Section 02081: PVC Pipe for Buried Service Section 02315: Trenching, Backfilling & Compacting Section 02341 — Cement Stabilized Sand Section 02510: Water Mains Section 02511: Disinfection of Water Mains Section 02514: Water Main Accessories Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing and disinfection of waterline. e. Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure in linear feet. K. Bid Item No. 21: 12-inch Waterline with Mechanical Joint Restraints. 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting d. Section 02341 — Cement Stabilized Sand e. Section 02510: Water Mams f. Section 02511: Disinfection of Water Mains g. Section 02514: Water Main Accessories h. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing and disinfection of waterline. e. Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure in linear feet. L. Bid Item No. 22: 16-inch Waterline with Mechanical Joint Restraints. 1. Work and services as described below. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 6 a. Section 01451: Testing Pressure Piping Systems b. Section 02081: PVC Pipe for Buried Service c. Section 02315: Trenching, Backfilling & Compacting d. Section 02341 — Cement Stabilized Sand e . Section 02510: Water Mains f. Section 02511: Disinfection of Water Mains g. Section 02514: Water Main Accessories h Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation, including maintaining fences as shown on the drawings. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation, testing and disinfection of waterline. e . Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure in linear feet. M. Bid Item No. 23: Remove and Replace 4-inch Force Main with 4-inch Force Main Centered Over Proposed 16-inch Waterline. 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02083: Ductile Iron Pipe for Buried Services c. Section 02315: Trenching, Backfilling & Compacting d. Section 02532: Sanitary Force Mains e . Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation and testing of force main. e . Other appurtenant and incidental Work. f. General requirements of sections listed. 3. Measurement for Payment: a. Measure in linear feet. N. Bid Item No. 24: Remove and Replace 8-inch Sanitary Sewer with 8-inch Sanitary Sewer Centered Over Proposed 12-inch Waterline 1. Work and services as described below. a. Section 01451: Testing Pressure Piping Systems b. Section 02083: Ductile Iron Pipe for Buried Services c. Section 02315: Trenching, Backfilling & Compacting d. Section 02530: Sanitary Sewers 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 7 e. Section 02533: Acceptance Testing for Sanitary Sewers f. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Site preparation. b. Pipe materials and accessories. c. Excavation, bedding, backfill and compaction. d. Installation and testing of sanitary sewer. e. Other appurtenant and incidental Work. £ General requirements of sections listed. Measurement for Payment: a. Measure in linear feet. O. Bid Item No. 25: Remove and Replace Asphalt Pavement. 1. Work and services as described below. a. As shown on drawings. b. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Asphalt pavement removal and disposal. b. Replacement of Asphalt Pavement c. Other appurtenant and incidental Work. 3. Measurement for Payment: a. Measure per square yard. P. Bid Item No. 26: Hydromulch Seeding 1. Materials and installation as described below: a. Section 02921 — Hydromulch Seeding b. Other sections containing appurtenant and incidental Work. 2. Include cost of: a. Restoration of surfaces above waterline. b. Other appurtenant and incidental Work. 3. Measurement for Payment: a. Measure per square yard. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01270 MEASUREMENT AND PAYMENT Page 8 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) * * * END OF SECTION * * * 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01330 City of Pearland SUBMITTALS Klotz Associates Project No. 21812 Page 1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Procedural requirements for Work -related submittals including Construction Progress Schedules, Shop Drawings, product data, samples, operation and maintenance (O&M) data construction photographs, schedule of values and other miscellaneous Work -related submittals. B. Measurement and Payment: 1. Comply with Section 01270 — Measurement and Payments. 1.02 DEFINITIONS A. Submittal for Review: 1. Submittal for ENGINEER'S review in accordance with requirements of Contract Documents. Submittal for Record: 1. Submittal for inclusion into OWNER'S records prior to Substantial Completion. Submittal will not be reviewed by ENGINEER. 1.03 CONSTRUCTION PROGRESS SCHEDULES A. Prepare and submit Construction Progress Schedule to ENGINEER for review, within 30 days after effective date of Contract. B. No Woik shall be done between 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays without written permission of OWNER. Emergency work may be done without prior permission. C. Night work may be established by CONTRACTOR as regular procedure with written permission of OWNER. Such permission may be revoked at any time by OWNER. D. Prepare schedules in form of horizontal bar chart. 1. Provide separate horizontal bar for each operation. 2. Hot izontal Time Scale: Identify first Woik day of each week. 3. Scale and spacings to allow space for notations and future revisions. 4. Arrange listings in order of start of each item of Work. Construction Progress Schedule: . Show complete sequence of construction by activity. 2. Show dates for beginning and completion of each major element of construction and installation dates fot major items. Elements shall include, but not be limited to, following. a. Shop Drawing receipt from supplier, submittal to ENGINEER review and return to supplier b. Material and equipment order, manufacturer, delivery. c. Performance tests and supervisory services activity. d. Site preparation work. e. Site work including grading, paving, seeding, etc. f. Final cleanup. g. Miscellaneous items. h. Allowance for inclement weather. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01330 City of Pearland SUBMITTALS Klotz Associates Project No. 21812 Page 2 Show projected percentage of completion for each item as of first day of each month. F. Schedule Revisions: 1. Every 30 days to reflect changes in progress of Work. 2. Indicate progress of each activity at date of submittal. 3. Show changes occurring since previous submittal of schedule. a. Major changes in scope. b. Activities modified since previous submittal. c. Revised projections of progress and completion. d. Other identifiable changes. 4. Provide narrative report as needed to define following. a. Problem areas, anticipated delays, and impact on schedule. b. Coirective action recommended and its effect. c. Effect of changes on schedules of other Contractors. 1.04 SHOP DRAWINGS AND PRODUCT DATA A. Scheduling: 1. Provide submittal schedule for items of materials and equipment for which submittals are required by Specifications in accordance with Subparagraphs 2.6 2 and 2.9 of General Conditions indicating time requirements for coordination of submittals with performance of Work. Adjust submission schedule to reflect revisions to Constiuction Progress Schedule and submit to ENGINEER. 2. Prepaie and transmit each submittal sufficiently in advance of scheduled performance of Work and other applicable activities. B. CONTRACTOR'S Responsibilities: 1. Review Shop Drawings and product data prior to submittal. 2. Determine and verify following. a. Field measurements. b. Field construction criteria. c. Catalog numbers and similar data. d. Conformance with Specifications. 3. Coordinate each submittal with requirements of Work and Contract Documents. 4. Notify ENGINEER in writing, at time of submittal, of deviations in submittals from requirements of Contract Documents. 5. Begin no fabrication or Work requiring submittals until return of submittals with ENGINEER approval. 6. Designate in Consti uction Progress Schedule, dates for submittal and receipt of reviewed shop drawings and samples 7. Submittals received but not requested in Specifications shall be returned without review. C. Submittals shall contain: 1. Date of submittal and dates of previous submittals. 2. Project title and number. 3. Contract identification. 4. Names of: a CONTRACTOR. b. Supplier. c. Manufacturer. 5. Identification of product, with identification numbers, and Drawing and Specification section numbers. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01330 City of Pearland SUBMITTALS Klotz Associates Project No. 21812 Page 3 6. Field dimensions, clearly identified. 7. Identify details required on Diawings and in Specifications. 8. Show manufacturer and model number, give dimensions, and provide clearances. 9. Relation to adjacent or critical features of Work or materials 10. Applicable standards, such as ASTM or Federal Specification numbers. Identification of deviations from Contract Documents. 11. Identification of revisions on resubmittals. 12. 8-in. by 3-in. blank space for CONTRACTOR and ENGINEER stamps. 13. CONTRACTOR'S stamp, signed, certifying to review of submittal, verification of products field measurement, field construction criteria, and coordination of information within submittal with requirements of Work and Contract Documents. D. Resubmittal Requirements: 1. Comply with submittal requirements. 2. Make corrections or changes in submittals required by ENGINEER. Resubmittals required until approved. 3. Identify on transmittal form submittal is resubmission. 4. Shop Drawings and Product Data: a. Revise initial drawings or data and resubmit as specified for initial submittal. b. Indicate changes made other than those requested by ENGINEER 5. ENGINEER will review up to 2 resubmittals. If more are required, ENGINEER's review will be at CONTRACTOR's expense. E. Distribute reproductions of Shop Drawings and copies of product data which carry ENGINEER'S stamp of approval to following: 1 Job site file 2 Record documents file. 3 Other affected Contractors. 4 Subcontractors. 5 Supplier or fabricator. F. ENGINEER'S Duties: 1. Review submittals in accordance with schedule. 2. Affix stamp and signature, and indicate requirements for resubmittal or approval of submittal. 3. Return submittals to CONTRACTOR for distribution or for resubmittal. 1.05 TEST RESULTS AND CERTIFICATIONS A. Submit test results and certifications required in Specification sections. B. Submit test results upon completion of test or submittal of results from testing laboratory. C. Test results and certifications are submitted for review of conformance with specified requirements and information. 1.06 GUARANTEE WARRANTIES, MAINTENANCE AGREEMENTS, AND WORKMANSHIP BONDS A. Refer to Specification sections for requirements. Submittal considered final when submittal is returned by ENGINEER, marked "Approved" or "Approved as Noted." Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01330 City of Pearland SUBMITTALS Klotz Associates Project No. 21812 Page 4 B. In addition to copies desired for CONTRACTOR'S use, furnish 2 executed copies. Provide 2 additional copies where required for maintenance data. 1.07 OPERATION AND MAINTENANCE (O&M) DATA A. Submit O&M data in accordance with Section 01730. 1.08 ACTION ON SUBMITTALS A. ENGINEER'S Action: 1. General: a. Except for submittals for record and similar purposes, where action and return on submittals required or requested, ENGINEER will review each submittal, mark with appropriate action and return. Where submittal must be held for coordination, ENGINEER will so advise CONTRACTOR without delay. b. ENGINEER will stamp each submittal with action stamp, appropriately marked with submittal action 2. Notification of Insufficient Information: a If information submitted is not sufficient to complete review of submittal, ENGINEER will send transmittal to CONTRACTOR notifying CONTRACTOR that additional information is required. b. Submittal will not be returned. Submittal will be placed in an "on hold" status until CONTRACTOR provides additional information. B. Action Stamp: 1. Marking: Approved. a. Final Unrestricted Release: Where submittals are marked as "Approved,' Work covered by submittal may proceed provided it complies with Contract Documents. Acceptance of Work depends on that compliance. 2. Marking: Approved as Noted. a. Final -But -Restricted Release: When submittals are marked as "Approved as Noted," Work covered by submittal may proceed provided it complies with ENGINEER'S notations or corrections on submittal and with Contract Documents. Acceptance of Work depends on that compliance. Resubmittal not required. Marking: Revise and Resubmit a. Returned for Resubmittal: When submittals are marked as "Revise and Resubmit," do not proceed with Work covered by submittal. Do not permit Work covered by submittals to be used at Project site or elsewhere where Work is in progress b. Revise submittal of prepare new submittal in accordance with ENGINEER'S notations. Resubmit without delay. Repeat if required to obtain different action masking. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 SUBMITTAL REQUIREMENTS Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01330 SUBMITTALS Page 5 Provide complete copies of required submittals as follows. 1. Construction Progress Schedule: a. 2 copies of initial schedule. b. 2 copies of each revision 2. Shop Drawings and Product Data: 6 copies. (Two of these will be returned to CONTRACTOR. Add additional copies if necessary.) 3. Test Results: 3 copies. 4. Other Required Submittals: a. 6 copies if required for review. b. 3 copies if required for record. Send submittals via air express to Klotz Associates, Inc., 1160 Dairy Ashford, Suite 500, Houston, Texas 77079. ***END OF SECTION*** Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY Section 01410 PROTECTION OF ENVIRONMENT Page 1 A. CONTRACTOR, in executing Work, shall maintain Work areas on- and off -site free from environmental pollution that would be in violation of federal, state or local regulations 1.02 PROTECTION OF STORM SEWERS A. Prevent construction material, pavement, concrete, earth or other debris from entering existing storm sewer or sewer structure. 1.03 PROTECTION OF WATERWAYS A. Observe rules and regulations of State of Texas and agencies of U.S. government prohibiting pollution of lakes, streams, rivers or wetlands by dumping of refuse, rubbish, dredge material or debris. B Provide holding ponds or approved method which will divert flows, including storm flows and flows created by construction activity, to prevent excessive silting of waterways or flooding damage to property. C. Comply with procedures outlined in U.S. EPA manuals entitled, "Guidelines for Erosion and Sedimentation Control Planning and Implementation,' Manual EPA-72-015 and "Processes, Procedures, and Methods to Control Pollution Resulting from All Construction Activity,' Manual EPA 43019-73-007. 1.04 DISPOSAL OF EXCESS EXCAVATED SOIL AND OTHER WASTE MATERIALS A. Excess excavated soil not required or suitable not for backfill and other waste material shall be disposed of in accordance with local regulatory requirements B. Provide watertight conveyance for liquid, semi -liquid or saturated solids which tend to bleed during transport. Liquid loss from transported materials is not permitted, whethei being delivered to construction site or hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at selected disposal site. 1.05 PROTECTION OF AIR QUALITY A. Minimize air pollution by requiring use of properly operating combustion emission control devices on construction vehicles and equipment and encourage shutdown of motorized equipment not in use. B. Do not burn trash on construction site. C. If temporary heating devices are necessary for protection of Work, they shall not cause air pollution. 1.06 USE OF CHEMICALS A. Chemicals used during project construction or furnished for project operation, whethei herbicide, pesticide disinfectant, polymer, reactant or of other classification, shall be approved by U.S. EPA or U.S. Department of Agriculture or any other applicable regulatory agency. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01410 PROTECTION OF ENVIRONMENT Page 2 B. Use and disposal of chemicals and residues shall comply manufacturer's instructions. C. Comply with the requirements of the TWDB SRF Special Contract Conditions relative to the use of hazardous chemicals. 1.07 NOISE CONTROL A. Conduct operations to cause least annoyance to residents in vicinity of Work, and comply with applicable local ordinances. B. Equip compressors, hoists, and other apparatus with mechanical devices necessary to minimize noise and dust. Equip compressors with silencers on intake lines. C. Equip gasoline or oil -operated equipment with silencers or mufflers on intake and exhaust lines. D. Line storage bins and hoppers with material that will deaden sounds. E. Conduct operation of dumping rock and of carrying rock away in trucks so as to cause minimum of noise and dust. Route vehicles carrying rock, concrete or other material over such streets as will cause least annoyance to public and do not operate on public streets between hours of 6:00 p.m. and 7.00 a.m., or on Saturdays, Sundays or legal holidays unless approved by OWNER 1.08 DUST CONTROL A. Due to close geographic location of Project to other off -site facilities take special care in providing and maintaining temporary site roadways OWNER'S existing roads, and public roads used during construction operations in clean, dust free condition. Comply with local environmental regulations for dust control. If CONTRACTOR'S dust control measures are considered inadequate by ENGINEER, ENGINEER may require CONTRACTOR to take additional dust control measures. 1.09 FUELS AND LUBRICANTS A. Comply with local, state and federal regulations concerning transportation and storage of fuels and lubricants. Fuel storage area and fuel equipment shall be approved by OWNER prior to installation. Submit containment provisions to OWNER for approval C. Report spills or leaks from fueling equipment or construction equipment to OWNER and cleanup as required OWNER may require CONTRACTOR to remove damaged or leaking equipment from Project site. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) ***END OF SECTION*** Section 01410 PROTECTION OF ENVIRONMENT Page 3 Klotz Associates Std, 10/01 01/29/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01450 TESTING LABORATORY SERVICES Page 1 PART 1 GENERAL 1.01 PERFORMANCE REQUIREMENTS A. OWNER will employ an independent testing laboratory to perform testing for work specified in following sections: 1. Section 02315 - Trenching, Backfilling, and Compacting B. Employment of laboratory shall, in no way, relieve CONTRACTOR of obligations to perform work. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM): 1. E329-90 - Standard Practice for Use in the Evaluation of Testing and Inspection Agencies as Used in Construction. 1.03 QUALIFICATIONS OF LABORATORY A. Meet basic requirements of ASTM E329. B. Authorized to operate in state in which Project is located. C. Testing Equipment 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards. b. Accepted values of natural physical constants. 1.04 LABORATORY DUTIES A. Coopeiate with ENGINEER and CONTRACTOR; provide qualified personnel to perform Work after due Notice to Proceed. B. Perform specified inspections, secure samples, and test materials. 1. Comply with specified standards. 2. Ascertain compliance of materials with Contract Documents. C. Promptly notify CONTRACTOR and OWNER of observed irregularities or deficiencies of Work, equipment or material. D. Promptly submit written report of each test and inspection; one copy each to ENGINEER, OWNER, material supplier, and CONTRACTOR, and one copy to record document file. Each report shall include following' 1. Date issued. 2. Project title and number. 3. Testing laboratory name, address, and telephone number. 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection. 6. Record of temperature and weather conditions if test performed in field. Klotz Associates Std, 10/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01450 TESTING LABORATORY SERVICES Page 2 7. Date of test. 8. Identification of product and Specification section. 9. Location of sample or test in Project. 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents. 12. Interpretation of test results, when requested by ENGINEER. E. Perform additional tests as required by ENGINEER. 1.05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents. 2. Approve or accept any portion of Work. 3. Per form duties of CONTRACTOR. 1.06 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel and provide access to Work. B. Provide to laboratory preliminary design mix proposed to be used for concrete and other material mixes which require control by testing laboratory. Furnish copies of product test reports. D. Furnish incidental labor and facilities. 1. Provide access to Work to be tested. 2. Obtain and handle samples at Project site or at source of product to be tested. 3. Facilitate inspections and tests. 4. Store and cure test samples. Notify laboratory and ENGINEER sufficiently in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. 1. When tests or inspections cannot be performed after such notice, reimburse OWNER for laboratory personnel and travel expenses incurred due to CONTRACTOR S negligence. F. Make arrangements with laboratory and pay for additional samples and tests required for CONTRACTOR'S convenience. G. Pay for services of testing laboratory to perform additional inspections, sampling, and testing required when initial tests indicate Work does not comply with Contract Documents. PART2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) ***END OF SECTION*** Klotz Associates Std, 10/01 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY Section 01451 TESTING PRESSURE PIPING SYSTEMS Page 1 A. Section includes detailed requirements for hydrostatic pressure testing and high pressure air testing of new piping systems. Other sections identify new piping systems to be tested, identify type of test to be performed, specify test pressure, and reference this section for detailed testing requirements. 1.02 REFERENCES A. Texas Administrative Code (TAC): 1. 30 TAC Chapter 290 — Rules and Regulations for Public Water Supply. 2. 30 TAC Chapter 317 — Design Criteria for Sewage Systems. 1.03 SUBMITTALS A. Test report for each piping system tested. B. Submit in accordance with Section 01330- Submittals. PART2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 GENERAL A. Pressure test in presence of ENGINEER. B. Furnish water required for testing and provide necessary piping connections between section of piping being tested and nearest available source of water or air supply, together with test pressure equipment, meters, pressure gauge, and other equipment, materials, and facilities necessary to perform specified tests. C. Provide bulkheads, flanges, valves, bracing, blocking or other temporary sectionalizing devices that may be required. D. Remove temporary sectionalizing device after tests complete. E. Perform tests on exposed piping after piping completely installed, including supports, hangers, and anchors. F. Perform tests on piping before insulation installed. G. Perform tests on piping that is clean and free of dirt, sand or other foreign material. Klotz Associates Std, 06/01 02/13/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01451 TESTING PRESSURE PIPING SYSTEMS Page 2 H. Plug pipe outlets with test plugs. Brace each plug securely to prevent blowouts. I. Add test fluid slowly. J. Include regulator set to avoid overpressurizing and damaging piping. K. Perform pressure testing in accordance with local, state, and federal requirements. L. Cost of testing including water, personnel, equipment, and materials shall be CONTRACTOR'S responsibility. M. Correct leaks or defects and retest at no additional cost to OWNER. 3.02 HYDROSTATIC PRESSURE TESTING A. Perform hydrostatic pressure testing for piping systems identified in other sections to be hydrostatically pressure tested. Test pressure shall be as specified in other sections. B. Open vents at high points to purge air pockets while piping system is filling. Venting may also be provided by loosening flanges or with equipment vents C. Testing: 1. After section of piping to be tested has been filled with water, apply test piessure by means of force pump of such design and capacity that required pressure can be applied and maintained without inters option for duration of test. 2. Measure test pressure by means of tested and properly calibrated pressure gauge acceptable to ENGINEER. 3. Maintain test pressure for sufficient length of time to permit ENGINEER to observe piping under test but not less than 8 hrs. 4. If repairs required, repeat pressure test until pipe installation conforms to specified requirements and is acceptable to ENGINEER. D. With exception of buried piping with mechanical joints or push -on joints, piping systems shall show no visual evidence of weeping or leaking. Newly laid pipe or any valved section of piping shall be subjected for 8 hours to a hydrostatic pressure test of 125 pounds per square inch. Maximum allowable leakage for buried piping with mechanical joints or push -on joints is as follows. L- 0.003022ND Where: L = Leakage, gallons per hr N = Number of joints under test D = Nominal diameter of piping, in. No pipe installation will be accepted until the leakage is less than a rate equal to twenty-five (25) gallons per inch of nominal diameter of pipe line per mile over a twenty-four (24) hour period. Klotz Associates Std, 06/01 02/13/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 3.03 HIGH PRESSURE AIR TESTING Section 01451 TESTING PRESSURE PIPING SYSTEMS Page 3 A. Perform high pressure air testing for piping systems as specified in other sections. Test pressure shall be as specified in other sections. B. Perform pieliminary test at not greater than 25 psig Examine for leakage at joints with soap solution and visual detection of soap bubbles. Correct visible leaks. C. Perform final test at test pressure. Pressure in system shall be gradually increased and in small increments until test pressure reached. Test pressure shall be maintained for minimum of 10 min and additional time necessary to conduct soap bubble examination of each joint for leakage D. Piping system shall show no evidence of leakage. 3.04 TEST REPORT A. Prepare and submit test report for each piping system tested. Include following information in test report. 1. Date of test. 2. Description and identification of piping system tested. 3. Type of test performed. 4. Test fluid. 5. Test pressure. 6. Type and location of leaks detected. 7. Corrective action taken to repair leaks. 8. Results of retesting. ***END OF SECTION*** Klotz Associates Std, 06/01 02/13/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01500 City of Pearland TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES Klotz Associates Project No. 21812 Page 1 PART 1 GENERAL 1.01 QUALITY ASSURANCE A. Items provided under this section shall be listed and labeled by UL or other Nationally Recognized Testing Laboratory (NRTL). 1. Term "NRTL' shall be as defined in OSHA Regulation 1910.7. 2. Terms 'listed' and 'labeled" shall be as defined in National Electrical Code, Article 100. B. Regulatory Requirements: 1. National Electrical Code: Components and installation shall comply with NFPA 70. C. Comply with federal, state, and local codes and regulations, and with utility company requirements. PART 2 PRODUCTS 2.01 TEMPORARY ELECTRICITY AND LIGHTING A. General: 1. Temporary lighting shall be sufficient to enable CONTRACTOR and Subcontractors to complete Work and enable ENGINEER to observe Work as it is being performed. Illumination shall meet or exceed state code requirements. B. Responsibilities: 1. Provide, maintain, and remove temporary electric service facilities. 2. Facilities exposed to weather shall be weatherproof type and electrical equipment enclosure locked to prevent access by unauthorized personnel 3. Pay for installation of temporary services including poles, transformer charges, and metering. 4. Arrange with local electric utility for temporary Seen is service subject to their requirements and approval. 5. Register temporary meter in CONTRACTOR'S name. 6. Provide and maintain lamps, wiring, switches, sockets, and similar equipment required for temporary lighting and small power tools. 7. Pay for electrical energy consumed for construction purposes including operation of ventilating equipment for heating of buildings, and for testing and operating of equipment after permanent wiring has been installed, until final acceptance by ENGINEER or until occupancy by OWNER 8. Provide and pay for service to temporary offices. 2.02 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone company to provide telephone service throughout duration of Work. B. Locate telephone in Project construction office for local calls. 2.03 WATER FOR CONSTRUCTION AND TESTING A. Install temporary water line into site until permanent water lines are constructed. B. Arrange with OWNER to have temporary water meter installed for use until project is completed. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01500 City of Pearland TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES Klotz Associates Project No. 21812 Page 2 C. Provide for backflow prevention in temporary line. E. Pay for water used. 2.04 SANITARY FACILITIES A. Provide temporary sanitary toilet facilities conforming to state and local health and sanitation regulations, in sufficient number for use of CONTRACTOR'S and Subcontractor's employees. B. Maintain in sanitary condition and properly supply with toilet paper. 2.05 TEMPORARY FIRE PROTECTION A. Provide and maintain in working order, minimum of one fire extinguisher and such other fire protective equipment and devices as would be reasonably effective in extinguishing fires during early stages by personnel at Project site. 2.06 TEMPORARY SITE AND OTHER ROADS A. Construct and maintain temporary site roadways in driveable condition necessary to carry out construction operations. B. Maintain OWNER'S existing roads and public roads used during construction free from accumulations of dirt, mud and construction debris resulting fiom construction operations. Roads shall be considered "maintained" when material has been removed by a sweeper. 2.07 SECURITY A. Security will not be provided by OWNER. B. CONTRACTOR shall be responsible for loss or injury to persons or property where Work is involved, and shall provide security and take precautionary measures to protect CONTRACTOR'S and OWNER S interests. 2.08 TEMPORARY PARKING A. Construct and maintain temporary parking facilities for Contractor's and subcontractor's use in area shown on the Drawings. 2.09 TEMPORARY FENCING A. Provide temporary fencing sufficient to prevent trespass by CONTRACTOR'S employees and suppliers onto private property and by public onto construction site. Materials shall be sufficiently durable to be effective for duration of construction period. Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 01500 City of Pearland TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES Klotz Associates Project No. 21812 Page 3 2.10 FIELD OFFICES AND BUILDINGS A. If required by CONTRACTOR, erect where designated by ENGINEER, and maintain in good condition, temporary field office, tool, and storage building(s) for CONTRACTOR'S use. 1. Tool storage building(s) shall be of ample size to provide space for tools and equipment. 2. Building(s) shall be neat and well constructed, surfaced with plywood, drop siding, masonite, or other similar material, well painted and void of advertisements. 2.11 OWNER'S USE A. Upon acceptance of Work, or portion of Work defined and certified as Substantially Completed by ENGINEER, and OWNER commences full-time successful operation of facility or portion thereof, OWNER will pay cost for utilities used for OWNER'S operation. CONTRACTOR shall continue to pay for utilities used until final acceptance of Work, except as provided herein PART 3 EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified in Divisions 15 and 16. B. Maintain and operate systems to ensure continuous service. C. Modify and extend systems as Work progress requires. 3.02 REMOVAL A. Completely remove temporary materials, equipment, signs, and structures when no longer required. B. In unfinished areas, clean and repair damage caused by temporary installations or use of temporary facilities, restore drainage, and evenly grade, seed or plant as necessary to provide appearance equal to or better than original. In finished areas, restore existing or permanent facilities used for temporary services to specified, or original condition. 3.03 DAMAGE TO EXISTING PROPERTY A. CONTRACTOR is responsible for replacing or repairing damage to existing buildings, structures, sidewalks, roads, parking lot surfacing, and other existing assets. B. CONTRACTOR shall have option of having OWNER contract for such Work and have cost deducted from Contract amount. * * * END OF SECTION * * * Klotz Associates Std, 10/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SECTION INCLUDES Section 01555 TRAFFIC CONTROL AND REGULATION Page 1 A. Requirements for signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B. Requirement for and qualifications of flagmen. 1.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Section. Include all costs in applicable bid items. B. Refer to Section 01270 — Measurement and Payment for unit price procedures. 1.03 SUBMI FI ALS A. Submit a traffic control plan responsive to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and sealed by a Registered Professional ENGINEER. B. The CONTRACTOR shall provide such information and records regarding the use of qualified flagmen to verify that the CONTRACTOR's use of peace officers as flagmen is in compliance with the Contract Documents and Texas law, including but not limited to, Article 4413 (29bb), commonly referred to as the Private Investigators and Private Security Agencies Act, and Article 2.12, Texas Code of Criminal Procedure. D. The CONTRACTOR shall provide such information and records regarding the use of qualified flagmen to verify that the CONTRACTOR s use of certified flagmen as flagmen is in compliance with the Contract Documents and applicable local ordinance. Make submittals in accordance with Section 01330 — Submittals. 1.04 FLAGMEN A. Use flagmen, qualified as described under paragraph 1.04.B, Uniformed Peace Officers, or paragraph 1.04 C, Certified Flagmen, to control, regulate, and direct the even flow or movement of vehicular or pedestrian traffic when construction operations encroach on public traffic lanes. B. Uniformed Peace Officer: A person who has full-time employment as a peace officer and who receives compensation as a flagman for private employment as an individual employee or independent contractor. Private employment may be either an employee -employer relationship or on an individual basis. A flagman may not be in the employ of another peace officer and may not be a reserve peace officer. 1. A peace officer is defined as: a. Sheriffs and their deputies; b. Constables and deputy constables; c. Marshals or police officers of an incorporated city, town or village; or d. As otherwise provided by Article 2.12 Code of Criminal Procedure, as amended. 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01555 TRAFFIC CONTROL AND REGULATION Page 2 2. A person who has full-time employment as a peace officer is one who is actively employed in a full-time capacity as a peace officer working, on average, a minimum of 32 paid hours per week, being paid at a rate of pay not less than the prevailing minimum hourly wage rate as set by the federal Wage and Hour Act and entitled to the full benefits of participation in any retirement plan, vacation, holidays and insurance benefits. A reserve peace officer does not qualify, under this definition as a peace officer. C. Certified Flagman: A person who receives compensation as a flagman and who meets the following qualifications and requirements: 1. Formally trained and certified in traffic control procedures. 2. Required to wear a distinctive uniform, bright -colored vest, and be equipped with appropriate flagging and communication devices. 3. English speaking, with Spanish as an advantageous, but not required, primary or secondary language. 4. Paid as a Certified Flagman. 5. Required to carry proof of training / certification, such as photographic identification card issued by the training institute to allow the ENGINEER to easily determine that necessary full-time traffic control is actually provided, when and where construction work encroaches upon traffic lanes PART 2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Comply with Texas State Manual on Unifouu Traffic Control Devices. B. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. PART 3 EXECUTION 3.01 PUBLIC ROADS Abide by laws and regulations of governing authorities when using public roads. If the CONTRACTOR's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and penults paid for before starting any work. Coordinate activities with the ENGINEER. B. CONTRACTOR shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan C. CONTRACTOR shall not obstruct the normal flow of traffic from 7.00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the ENGINEER. D. CONTRACTOR shall maintain local driveway access to residential and commercial properties adjacent to 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 work areas at all times. Section 01555 TRAFFIC CONTROL AND REGULATION Page 3 E. Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations 3.02 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. B. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. C. Prevent parking on or adjacent to access roads or in non -designated areas. 3.03 FLARES AND LIGHTS A. Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.04 HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.05 TRAFFIC SIGNS AND SIGNALS A. Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. Install and operate traffic control signals to direct and maintain orderly flow of traffic in areas under CONTRACTOR'S control and areas affected by CONTRACTOR's operations C. Relocate traffic signs and signals as Work progresses to maintain effective traffic control. 3.06 BRIDGING TRENCHES AND EXCAVATIONS A. Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. B. Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01555 TRAFFIC CONTROL AND REGULATION Page 4 4. When bridge is to be used for more than five consecutive days. C. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic. E. Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to featheredges of plates to minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane that produces maximum stress 3.07 REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. * * * END OF SECTION * * * 02/28/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01560 TRENCH SAFETY SYSTEM Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B. Trench safety system for structural excavations which fall under provisions of State and Federal trench safety laws. 1.02 DEFINITIONS A. A trench shall be defined as a narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. B. The trench safety system requirements will apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and these installation to dimensions equivalent of a trench as defined. C. Trench Safety Systems include but are not limited to sloping, sheeting, trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1.03 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the detail specifications set out in the provision of Excavations, Trenching, and Shoring, Federal Occupation Safety and Health Administration (OSHA) Standards, 29CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926-652. B. Legislation that has been enacted by the Texas Legislature with regard to Trench Safety Systems, is hereby incorporated by reference into these specifications. Refer to Texas Health and Safety Code Ann , 3756.021 (Vernon 1991). PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA 29CFR. B. Specially designed trench safety systems shall be installed in accordance with the trench safety drawings produced for the locations and conditions identified on the Drawings. C. A competent person, as identified in the CONTRACTOR s Trench Safety Program, shall verify that trench boxes and other premanufactured systems are certified for the actual installation conditions. Klotz Associates Std, 06/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 3.02 INSPECTION Section 01560 TRENCH SAFETY SYSTEM Page 2 A. CONTRACTOR, or CONTRACTOR's independently retained consultant, shall make daily inspections of the trench safety systems to ensure that the installed systems and operations meet OSHA 29CFR and other personnel protection regulations requirements. B. If evidence of possible cave-ins or slides is apparent CONTRACTOR shall immediately stop work in the trench and move personnel to safe locations until the necessary precautions have been taken by CONTRACTOR to safeguard personnel entering the trench. C. Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A. CONTRACTOR shall verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the project. * * * END OF SECTION * * * Klotz Associates Std, 06/01 01/29/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Dewatering, depressurizing, draining, and maintaining trenches, shaft excavations, structural excavations, and foundation beds in a stable condition and controlling ground water conditions for tunnel excavations. B. Protecting work against surface runoff and rising flood waters. C. Disposing of removed water. 1.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Section. Include all costs in applicable bid items. B. Refer to Section 01270 — Measurement and Payment for unit price procedures. 1.03 REFERENCES A. ASTM D 698 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using 5.5-lb (2.49 kg) Rammer and 12-inch (304.8 mm) Drop. B. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA). C. Federal Register 40 CFR (Vol 55, No. 222) Part 122, EPA Administered Permit Programs (NPDES), Para.122 26(b)(14) Storm Water Discharge 1.04 DEFINITIONS A. Ground water control includes both dewatering and depressurization of water -bearing soil layers. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations, or into tunnels and shafts, and disposing of removed water. The intent of dewatering is to increase stability of tunnel excavations and excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom or instability of tunnel excavations. Excavation drainage includes keeping excavations free of surface and seepage water. C. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. Equipment and instrumentation for monitoring and control of the ground water control system includes 02/ 13 /02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 2 piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. 1.05 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B. Design a ground water control system, compatible with requirements of Federal Regulations 29 CFR Part 1926 and Section 01560 - Trench Safety System to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting: a. Excavations. b. Tunnel excavation, face stability or seepage into tunnels. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. Provide ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and sui face water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work meas. F. Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of piotective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water con ol systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area o1 into the ground water control system. 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 3 J. Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.06 SUBMITTALS A. Submittals shall conform to requirements of Section 01330 - Submittals. B. Submit a Ground Water and Surface Water Control. Plan for review by the Engineer prior to start of any fieldwork. The Plan shall be signed by a Professional Engineer registered in the State of Texas. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement, location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. Design calculations demonstrating adequacy of pi oposed systems for intended applications. Define potential area of influence of ground water contiol operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C. Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. Submit the following records on a weekly basis during operations: 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 4 Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. Submit the following records at end of work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.07 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Natural Resource Conservation Commission regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C. Obtain permit from EPA under the National Pollutant Discharge Elimination System (NPDES), for storm water discharge from construction sites. D. Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing stone drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. PART 2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. Equipment and mate! ials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the Engineer through submittals required in Section 1330 - Submittals. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 5 PART 3 EXECUTION 3.01 GROUND WATER CONTROL A. Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the waterbearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (See Paragraph 1.06B 1). B. Provide labor, material, equipment, techniques and methods to lower, controland handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Woik. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primaiy energy source for dewatering system. E. Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water -bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Ground Water and Surface Water Control Plan. G. Remove ground water control installations. 1. Remove pumping system components and piping when ground water control is no longer required. 2. Remove piezometers, including piezometers installed during the design phase investigations and left for Contractoi's use, upon completion of testing, in accordance with Section 02533 - Acceptance Testing for Sanitary Sewers. 3. Remove monitoring wells when directed by the Engineer. 4. Grout abandoned well and piezometer holes. Fill piping that is not removed with cement-bentonite grout or cement -sand grout H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downwai d pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. 1. Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide gr out connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service J. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure 02/ 13 /02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 6 Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L. Compact backfill to not Less than 95 percent of the maximum dry density in accordance with ASTM D 698. 3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A. For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D. Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the ground water control plan are satisfied. E. Replace installations that produce noticeable amounts of sediments after development. F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the performance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.06B. 3.03 EXCAVATION DRAINAGE A. Contractor may use excavation drainage methods if necessary to achieve well -di ained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.04 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area or seepage into tunnel is occurring. Keep system in good condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 01578 City of Pearland CONTROL OF GROUND WATER AND SURFACE WATER Klotz Associates Project No. 21812 Page 7 D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved and twice weekly thereafter. B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B. Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. * * * END OF SECTION 02/13/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUBSTITUTIONS AND "OR EQUAL" ITEMS Section 01600 MATERIAL AND EQUIPMENT Page 1 A. General: 1. When equipment or material is specified by naming only one or more equipment manufacturers or mates sal suppliers and followed by words "no substitution permitted" or similar wording, CONTRACTOR shall piovide one of named manufacturers or suppliers. B. Substitutions: I. For material or equipment specified by naming one or more equipment manufacturers or material suppliers and not followed by words "or equal", CONTRACTOR shall submit request for substitution in accordance with Subparagraph 6.7.1.2 of General Conditions for equipment or manufacturer not specifically named. 2. CONTRACTOR'S requests for changes in equipment and materials from those required by Contract Documents are considered "requests for substitutions" and subject to CONTRACTOR'S representations and review provisions of Contract Documents when one or more of following conditions are satisfied. a. Where required equipment or material cannot be provided within Contract Time, but not as result of CONTRACTOR'S failure to pursue Work promptly or coordinate various activities properly. b. Where packaging of several items of equipment from single source will provide maintenance and coordination advantages to OWNER. c. When CONTRACTOR proposes to provide substitute equipment or material to provide OWNER with cost savings. C. Conditions which are not substitutions: 1. Requirements for substitutions do not apply to CONTRACTOR options on materials and equipment provided for in Specifications. 2. Revisions to Contract Documents, where requested by OWNER or ENGINEER, are "changes" not "substitutions." 3. CONTRACTOR'S determination of and compliance with governing regulations and orders issued by governing authorities do not constitute substitutions or basis for Change Orders, except as provided for in Contract Documents. 1.02 MANUFACTURER'S INSTRUCTIONS A. Installation of equipment and materials shall comply with manufacturer's instructions. Obtain and distribute printed copies of such instructions to par ties involved in installation, including 2 copies to ENGINEER. 1. Maintain one set of complete instructions at job site during installation and until completion of Work. B. Handle, store, install, connect, clean, condition and adjust materials and equipment in accordance with manufacturer's written instructions and in conformance with Specifications. 1. If job conditions or specified requirements conflict with manufacturer's instructions, consult ENGINEER for further instructions. 2. Do not proceed with Work without written instructions. Klotz Associates, Std 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 1.03 TRANSPORTATION AND HANDLING Section 01600 MATERIAL AND EQUIPMENT Page 2 A. Arrange deliveries of materials and equipment in accordance with Construction Progress Schedule, coordinate to avoid conflict with Work and conditions at site. 1. Deliver materials and equipment in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. 2. Protect bright machined surfaces, such as shafts and valve faces, with heavy coat of grease prior to shipment. 3. Immediately upon delivery, inspect shipments to ensure compliance with Contract Documents and approved submittals, and products have been protected and are undamaged. B. Provide equipment and personnel to handle materials and equipment by methods recommended by manufacturer to prevent soiling or damage to materials or equipment or packaging. 1.04 STORAGE, PROTECTION, AND MAINTENANCE A. OWNER assumes no responsibility for damage or loss due to storage of materials and equipment. B. Interior Storage: 1 Store with seals and labels intact and legible. 2. Store materials and equipment subject to damage by elements in weathertight enclosures. 3. Maintain temperature and humidity within ranges required by manufacturers instructions. Exterior Storage: 1. Store fabricated materials and equipment above ground, on blocking or skids, to prevent soiling or staining. Covet materials and equipment subject to deterioration with impervious sheet coverings. Provide ventilation to avoid condensation. 2. Store loose granular materials in well -drained area on solid surfaces to prevent mixing with foreign matter. 3. Store materials such as pipe, reinforcing steel, structural steel, and equipment on pallets or racks, off ground. D. Inspection and Maintenance: 1. Arrange storage to provide easy access for inspection maintenance, and inventory 2. Make periodic inspections of stored materials and equipment to ensure materials and equipment maintained under specified conditions are flee from damage or deterioration, and coverings are in -place and in condition to provide requited protection. 3. Pet form maintenance on stored material and equipment in accordance with manufacturer's written Instructions and in presence of OWNER or ENGINEER. a. Notify ENGINEER 24 hrs befoi e performance of maintenance. b. Submit report of completed maintenance and condition of coverings to ENGINEER with each Application for Payment. c. Failure to perform maintenance, to notify ENGINEER of intent to perform maintenance or to submit maintenance report may result in rejection of material or equipment. E. Assume responsibility for protection of completed construction and repair and restore damage to completed Work equal to original condition. Klotz Associates, Std 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01600 MATERIAL AND EQUIPMENT Page 3 F. Wheeling of loads over finished floors, with or without plank protection, not permitted in anything except rubber -tired wheelbarrows buggies trucks or dollies. This applies to finished floors and exposed concrete floors, as well as those covered with composition tile or other applied surfacing. G. Where structural concrete is also finished surface, avoid marking or damaging surface. 1.05 SPECIAL TOOLS AND LUBRICATING EQUIPMENT A. Furnish, in accordance with manufacturer's recommendations, special tools required for checking, testing, parts replacement and maintenance. Special tools are those specially designed or adapted for use on parts of equipment, and not customarily and routinely carried by maintenance mechanics B. Deliver to OWNER when unit is placed in operation and after operating personnel have been properly instructed in operation, repair, and maintenance of equipment. C. Tools and lubricating equipment shall be of quality compatible to equipment manufacturer has furnished. 1.06 LUBRICATION A. Where lubrication is required foi proper operation of equipment, incorporate necessary and proper provisions in equipment in accordance with manufacturer s requirements. Where possible, lubrication shall be automated and positive. B. Where oil is used, reservoir shall be of sufficient capacity to supply unit for 24-hr period. PART 2 PRODUCTS 2.01 MATERIALS A. Material and Equipment Incorporated into Work: 1. Conform to applicable specifications and standards 2. Comply with size, make type, and quality specified or as specifically approved by Submittal. Manufactured and Fabricated Materials and Equipment: 1. Design, fabi icate, and assemble in accordance with engineering and shop practices standard with industry 2. Manufacture like parts of duplicate units to standard sizes and gauges, to be interchangeable. 3. Two or more items of same kind shall be identical, by same manufacturer 4. Material and equipment shall be suitable for service conditions. 5. Equipment capabilities sizes, and dimensions shown or specified shall be adhe►ed to, unless variations are specifically approved in writing in accordance with General Conditions. 6. Equipment shall be adapted to best economy in power consumption and maintenance. Parts and components shall be proportioned for stresses occurring during continuous or intermittent operation, and for additional stresses occurring during fabrication or installation. 7 Design so working parts readily accessible for inspection and repair, easily duplicated, and replaced. C. Do not use material or equipment for purpose other than for which it is designed or specified. Klotz Associates, Std 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 3 EXECUTION Section 01600 MATERIAL AND EQUIPMENT Page 4 3.01 FIELD QUALITY CONTROL; INSTALLATION, INSTRUCTIONAL, AND POST STARTUP SERVICES A. General: 1. This article covers on -site services of Supplier's representatives provided by CONTRACTOR during construction equipment startup, and training of OWNER S personnel for equipment or plant operation as specifically required in Specification section for equipment or system. 2. Include and pay costs for Supplier's services, including, but not limited to, those specified. 3. Work day is defined as an 8-hour period during a calendar day. Work day for purposes of this section does not include travel to or from the Project site. B. Installation Services: 1. Where installation services are called for in Specifications, provide competent and experienced technical representatives of manufacturers of equipment and systems to resolve assembly or installation procedures attributable to, or associated with, equipment furnished. 2. After equipment is installed, representatives shall perform initial equipment and system adjustment and calibration to conform to Specifications and manufacturer's requirements and instructions. 3. Provide "Certificate of Installation Services" stating proper adjustments have been made to equipment or system and equipment or system is ready for startup and system demonstration. Use form in Appendix and furnish 2 copies to ENGINEER. Post Startup Services: 1. Aftei equipment/system has been in operation for at least 6 months, but no longer than 11 months, each equipment manufacturer or authorized equipment representative shall make final inspection where so required in Specifications. Final inspection will provide assistance to OWNER'S operating personnel in making adjustments or calibrations required to ensure equipment or system is operating in conformance with design, manufacturer, and Specifications. 2. Provide "Certificate of Post Startup Services," cosigned by OWNER and equipment representative verifying this service has been performed. Use form in Appendix and furnish 2 copies to ENGINEER. ***END OF SECTION*** Klotz Associates, Std 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01730 OPERATIONS AND MAINTENANCE DATA Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittal requirements for equipment and facility operating and maintenance manuals 1.02 MEASUREMENT AND PAYMENT A. Stipulated Price (Lump Sum). If the Contract is a Stipulated Price Contract, payment for work in this Section is included in the total Stipulated Price. 1.03 SUBMITTALS A. Along with the schedule for other submittals as required in Section 01330 - Submittal Procedures, submit a list of operation and maintenance manuals and parts manuals to be provided. Submit documents, bound in 8-1/2x11-inch text pages, 3-ring/D binders with durable plastic covers. C. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. D. Internally subdivide the binder contents with permanent page dividers, logically organized as described below; with tab titling clearly printed under reinforced laminated plastic tabs. E. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified. 1. Part 1: Directory, listing names, addresses, and telephone numbers of ENGINEER, CONTRACTOR, Subcontractors, and major equipment suppliers 2. Part 2: Operation and maintenance instructions, arranged by system For each category identify names, addresses and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant Design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions e. Maintenance instructions for equipment and systems. f. Maintenance instructions for special finishes, including recommended cleaning methods and materials and special precautions identifying detrimental agents. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data b. Air and water balance reports. c. Certificates. d. Photocopies of warranties. F. Within one month prior to placing the equipment or facility in service, submit two copies of operation and maintenance manual and parts manual for review. G. Submit one copy of completed volumes in final form 10 days prior to final inspection. This copy will be returned after final inspection, with ENGINEER comments. Revise content of documents as required prior to final submittal. 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 01730 OPERATIONS AND MAINTENANCE DATA Page 2 H. Revise and resubmit final volumes within 10 days after final inspection. 1.04 EQUIPMENT OPERATION AND MAINTENANCE DATA A. Furnish operation and maintenance manuals for all equipment. Operation and maintenance manual must contain all information required for OWNER to operate maintain, and repair equipment. The manual must be prepared by equipment manufacturer, furnished to the ENGINEER by CONTRACTOR and, as a minimum, contain the following 1. Equipment functions, normal operating characteristics, and limiting conditions. 2. Assembly, installation, alignment, adjustment, and checking instruction. 3. Operating instructions for start-up, normal operation, regulation and control, normal shutdown, and emergency shutdown. 4. Lubrication and detailed maintenance instructions. The maintenance instructions are to include detailed drawings giving the location of each maintainable part and lubrication point and detailed instructions on disassembly and reassembly of the equipment. 5. Troubleshooting guide. 6. Complete spare parts list with predicted life of parts subject to wear, lists of spare parts recommended on hand foi both initial start-up and for normal operating inventory, and local or nearest source of spate parts availability. 7. Outline, cross-section, and assembly drawings; engineering data; wiring diagram. 8. Test data and performance curves. B. Furnish parts manuals for all equipment. The manual must be prepared by equipment manufacturers, furnished to ENGINEER by CONTRACTOR, and, as a minimum contain the following. 1. Detailed drawings giving the location of each maintainable part. 2. Complete spare parts list with predicted life of parts subject to wear, lists of spare parts recommended on hand foi both initial start-up and for normal operating inventory, and local or nearest source of spare parts availability. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY A. Maintain at site one record copy of: 1. Drawings. 2. Project Manual. 3. Addenda. 4. Change orders and other modifications to Contract. 5. ENGINEER field orders, written instructions or clarifications. 6. Approved submittals. 7. Field test records 8. Construction photographs. 9. Associated permits. 1.02 SUBMITTALS A. At Substantial Completion: 1. Deliver one marked up set of record documents to OWNER. SECTION 01780 RECORD DOCUMENTS Page 1 B. Accompany submittals with transmittal letter in duplicate, containing following. 1. Date. 2. Project title and number. 3. CONTRACTOR'S name and address. 4. Title of record document. 5. Signature of CONTRACTOR or authorized representative. 1.03 QUALITY ASSURANCE A. Comply with the requirements of the TWDB SRF Special Contract Conditions with respect to As -Built Dimensions and Drawings. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in CONTRACTOR'S field office apart from documents used for construction 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available at all times for inspection by ENGINEER or OWNER. Klotz Associates Std, 06/01 01/29/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 SECTION 01780 RECORD DOCUMENTS Page 2 D. Failure to properly maintain record documents may be reason to delay a portion of progress payments until records comply with Contract Documents. 3.02 RECORD DOCUMENTS A. Label each document "PROJECT RECORD" in neat, large printed letters. B. Maintain record set of Drawings and Specifications legibly annotated to show all changes are made during construction. 1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or schedules. 2. Make changes on each sheet affected by changes. C. Record information concurrently with construction progress. 1. Do not conceal Work until required information is recorded. 2. Record changes made by Written Amendment, Field Order Change Order or Work Directive Change. Drawings: 1. General: a. Depths of various elements of foundation in relation to finish first floor datum. b. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of structure. d. Field changes. e. Details not on original Drawings. f. Location and identification of exposed interior piping, including those shown schematically on Drawings. g. Size of equipment and location including connections. Electrical and Instrumentation: a. Horizontal and vertical locations and size of underground cable, conduit, and duct runs dimensioned from established building Imes. b. Plan location and size of inter for concealed and exposed feeders. c. Size and location of access panels. d. Departures from original Diawings and electrical work revisions. ***END OF SECTION*** Klotz Associates Std, 06/01 01/29/02 DIVISION 2 SITEWORK McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02081 PVC PIPE FOR BURIED SERVICES Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Polyvinyl chloride pressure pipe for water distribution and sanitary force mains in nominal diameters 4 inches through 24 inches. B. Polyvinyl chloride sewer pipe for sanitary sewers in nominal diameters 4 inches through 48 inches. 1.02 SUBMITTALS A. Submit product data sheets. B. Submit certification of compliance with referenced standards. 1.03 QUALITY ASSURANCE A. PVC pipe to be used for potable water service must be certified by National Sanitation Foundation (NSF). 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handle and store pipe in accordance with the manufacturer's recommendations. B. Keep mud and debris out of pipe. B. Handle and transport pipe and fittings so as to prevent damage to pipe , lining and coating. Do not drop pipe. PART2 PRODUCTS 2.01 WATER SERVICE PIPE A. Pipe 4-inch through 12-inch: AWWA C900, 200 pressure class, nominal 20-foot lengths; cast iron equivalent outside diameters. B. Pipe 16-inch through 30-inch: AWWA C905; 235 pressure class; nominal 20-foot lengths; cast iron equivalent outside diameter. C. Pipe Joints: ASTM D3139; push -on type joints with integral bells. Gaskets and seals: ASTM F477; elastomeric; factory installed and glued in place. Do not use socket type or solvent weld type joints. Bends and Fittings: 1. Ductile iron with mechanical or push -on joints and a minimum pressure rating of 250 psi. Bends rind fittings shall conform to AWWA C- 110 for regular bends and fittings or AWWA C-153 for compact bends and fittings. 2. If available, PVC fittings conforming to the referenced standards specified above for pipe materials may be used. 3. Conform to specific requirements called on Drawings as to material or joint types. 4. For ductile iron bends and fittings, use cement lining conforming to AWWA C-104 for potable water service. 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 2.02 SANITARY SEWER FORCE MAIN PIPE Section 02081 PVC PIPE FOR BURIED SERVICES Page 2 A. Force Mains 16" and Larger: AWWA C905, 200 pressure class, nominal 20-foot lengths, cast iron equivalent outside diameters. Force Mains 12" and Smaller: AWWA C900, 235 psi pressure class, nominal 20-foot lengths, cast iron equivalent outside diameters. 2.03 GRAVITY SANITARY SEWER PIPE A. Provide one of the following types/brands of pipe: MANUFACTURER ASTM SDR/STIFFNESS (MINIMUM) DIAMETER SIZE RANGE DESIGNATION J-M Pipe D3034 SDR 26/PS 115 6" to 10" Certainteed Can -Tex Carlon Diamond D3034 SDR 35/PS 46 12" & 15" J-M Pipe F679 SDR 35/PS 46 18" to 27" AWWA C900 AWWA C705 DR 18/PS 364 4" to 12" 14" to 36" Certainteed Can -Tex Carlon Diamond B. Joints: Spigot and integral wall section bell with solid cross section elastrometric or tubber ring gasket conforming to requirements of ASTM D3212, factory -assembled and securely locked o1 glued in place to prevent displacement. Fittings: Provide PVC gravity sewer sanitary bends, tee or wye fittings for new sanitary sewer construction. PVC pipe fittings shall be full-bodied, either injection molded or factory fabricated. Saddle -type wye fittings are not acceptable. PART 3 EXECUTION 3.01 INSTALLATION A. General: 1. Install pipe in accordance with the pipe manufacturers installation instructions. 2. Also comply with the requitements of ASTM F 1668 — Guide for Construction Procedures for Buried Plastic Pipe. B. Water Mains: Conform to requirements of Section 02510 - Water Mains. C. Sanitary Sewers: Conform to requirements of Section 02530 - Sanitary Sewers 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02081 PVC PIPE FOR BURIED SERVICES Page 3 D. Sanitary Force Mains: Conform to requirements of Section 02532 - Sanitary Force Mains. 3.02 FIELD QUALITY CONTROL A. Conform to requirements of Section 02510 - Water Mains, Section 02530 - Sanitary Sewers, and Section 02532 - Sanitary Force Mains. * * * END OF SECTION * * * 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02083 City of Pearland DUCTILE IRON PIPE FOR BURIED SERVICES Klotz Associates Project No. 21812 Page 1 PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Detailed requirements for various ductile iron piping products. Some products specified in this Section may not be required for this Contract. Refer to piping system specification section(s) and Drawings to determine particular ductile iron piping products to be provided under this Contract. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM): 1. ASTM A307-90 - Standard Specification for Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength. 2. ASTM C283-54 Standard Test Method for Resistance of Porcelain Enameled Utensils to Boiling Acid. 3. ASTM D1248-84 - Standard Specification for Polyethylene Plastics Molding and Extrusion Materials. B. American Water Works Association (AWWA): 1. AWWA C104 - Cement -Mortar Lining for Ductile Iron Pipe and Fittings for Water. 2. AWWA C110 - Ductile -Iron and Gray -Iron Fittings, 3 in. Through 48 in., for Water and other Liquids. 3. AWWA C105 - Polyethylene Encasement for Ductile Iron Piping for Water and Other Liquids. 4. AWWA C111 - Rubber -Gasket Joints for Ductile -Iron and Giay-Iron Pressure Pipe and Fittings. 5. AWWA C115 - Flanged Ductile -Iron Pipe with Threaded Flanges. 6. AWWA C151 - Ductile-Iion Pipe Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids. 7. AWWA C153 - Ductile Iron Compact Fittings. 8. AWWA C606 - Grooved and Shouldered Joints. C. American National Standards Institute (ANSI): 1. ANSI A21.14 - Ductile Iron Fittings 3-in. Through 24-in., for Gas. 2. ANSI A21.52 - Ductile Iron Pipe, Centrifugally Cast, In Metal Molds or Sand Lined Molds for Gas. 3. ANSI B18.2.1 - Square and Hex Bolts and Screws Inch Series. 4. ANSI B18 2 2 - Square and Hex Nuts. D. American Welding Society (AWS): 1. AWS A5.6 - Specification for Covered Copper and Copper Alloy Arc Welding Electrodes. 2. AWS A5.15 - Specification for Welding Electrodes and Rods for Cast Iron. 1.03 SUBMITTALS A. Product Data: 1. Manufacturer's specifications, catalog cuts, and literature: a. Pipe b. Inside linings. c. Mechanical and push -on joints. Klotz Associates Std, 06/01 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02083 City of Pearland DUCTILE IRON PIPE FOR BURIED SERVICES Klotz Associates Project No. 21812 Page 1 d. Flanged joints. e. Grooved Joints. f. Standard fittings. g. Special fittings. h. Polyethylene encasement. B. Submit all product data and coating system information specified above in one complete submittal. C. Submit in accordance with Section 01330. D. Shop drawings showing layout for ductile iron piping systems shall be submitted in accordance with and transmitted under appropriate piping system specification section. PART 2 PRODUCTS 2.01 PIPE A. Liquid and air service pipe: AWWA C151, ductile iron. B. Gas service pipe: ANSI A21.52, ductile iron. In addition to pipe marking required by ANSI A21 52, conspicuously stamp each pipe with words "AIR TESTED". C. Pressure Rating: 1. 250 psi unless otherwise specified or shown on drawings. 2.02 INSIDE LINING A. Water Mains: ANSI A21.4, cement lines with seal coat. B. Sanitary Sewers and Force Mains: 1. Polyurethane or ceramic epoxy. 2. Manufacturer's: a. American Cast Iron Pipe Company. b. U.S. Pipe and Foundry Company. c. Or equal. 3. Virgin polyethylene: ASTM D1248. 4. Thickness. 40 mils nominal 30 mils minimum. 5. Heat fused. 2.03 JOINTS A. Joint Type: 1. Unless otherwise shown on the Drawings, provide the types of Joints specified below. a. Liquid and Air Services: Mechanical or push -on Joint. Klotz Associates Std, 06/01 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02083 City of Pearland DUCTILE IRON PIPE FOR BURIED SERVICES Klotz Associates Project No. 21812 Page 1 B. Mechanical and Push -on Joints: 1 AWWA C111. 2. Gasket material: a. Suitable for service and maximum operating temperature of piping system as specified in piping system specification section. b. Selected by pipe manufacturer. 3. Restrained Joints: a. Manufacturers: 1) American Cast Iron Pipe Company, Flex -Ring, and Lok-Ring. 2) U.S. Pipe and Foundry Company, TR-Flex. 3) Or equal. b. Provide restrained joints for buried piping systems specifically identified to have restrained joints and for buried piping systems where use of concrete thrust blocks is not practical. c. Mechanical locking type to provide positive restraint from joint separation without use of restraining rods, straps clamps, or setscrew retainer glands. d. Minimum pressure rating 250 psi. C. Flanged Joints: 1. Flanged pipe for liquid and air service shall be in accordance with AWWA C115 2. Flanged pipe for gas service shall be in accordance with AWWA CI 15 and ANSI A21.52. In addition to pipe marking specified in AWWA C115 and ANSI A21.52, conspicuously stamp each flanged pipe with woids "AIR TESTED". 3. Fabrication of flanged pipe, including assembly of flange on pipe shall be performed by pipe manufacturer in accordance with AWWA C115. Assembly of flange on pipe outside of manufacturer's shop is unacceptable 4. Flange material for flanged pipe shall be ductile iron. Flanged pipe with gray iron flanges is not acceptable. 5. Gasket material shall be suitable for service and maximum operating temperature of piping system as specified in piping system specification section. Torque requitement of gaskets shall be less than torque rating of flange, bolt, and nuts. 6. Gaskets shall be ring or full face, 1/8-in thick, and conform to dimensions shown in Appendices to AWWA C110and AVvWAC115. 7. Bolts: a. Size, length, and number as shown in AWWA CI 10 and AWWA C115. b. Matei ial: Carbon steel, ASTM A307, Grade B. c. Dimensions: ANSI B18.2.1, heavy hex. 8. Nuts: a. Size, length, and number as shown in AWWA CI 10 and AWWA CI 15. b. Material: Carbon steel, ASTM A307, Grade B. c. Dimensions: ANSI B 18 2 2, heavy hex. D. Grooved Joints: 1. AWWA C606. 2. Rigid Joint. Pipe ends radius cut grooved to rigid groove specifications. 3. Grooved couplings shall be Victaulic Style 31, of equal. 4. Grooved Joint adapter flanges shall be Victaulic Styles 341 or 342, or equal. 5. Gasket material: Klotz Associates Std, 06/01 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02083 City of Pearland DUCTILE IRON PIPE FOR BURIED SERVICES Klotz Associates Project No. 21812 Page 1 a. Suitable for service and maximum operating temperature of piping system as specified in piping system specification section. b. Selected by grooved coupling manufacturer. 6. Coatings for grooved couplings and adapter flanges shall be same product as coatings for pipe. 2.04 FITTINGS A. Pressure rating shall be 250 psi, minimum. B. Standard fittings for liquid and air service: 1 Mechanical and push -on joint fittings: a. Ductile iron. b. AWWA C110 or AWWA C153. 2. Flanged joint fittings: a. Ductile iron. b. AWWA C110. c. Flange dimensions in accordance with AWWA C115. 3. Grooved joint fittings: a. Ductile iron b. AWWA C110 except end preparation and wall thickness. c. End preparation in accordance with AWWA C606, rigid radius groove. d. Minimum wall thickness in accordance with AWWA C153. Special fittings for liquid and air service, not included in AWWA standards, shall be manufacturer's standard, based on AWWA design principles, and in compliance with applicable requirements of AWWA standards. D. Standard fittings for gas service: 1 Mechanical joint fittings: ANSI A21.14, ductile iron. 2 Flanged joint: a. ANSI A21.14, ductile iron. b. Flange dimensions in accordance with AWWA C 115. E. Special fittings for gas service, not included in ANSI standard, shall be manufacturer's standard, based on ANSI design principles, and in accordance with applicable requirements of ANSI standard. F. Miscellaneous Fittings* I. Provide miscellaneous fittings such as cutting in sleeves, tapping sleeves, caps, plugs, and other fittings, as required for a complete system. 2. Manufacturer of miscellaneous fittings shall be same manufacturer as pipe. 3. Miscellaneous fittings shall be suitable for service. G. Inside Lining: Use same lining as that specified for pipe. 2.05 OUTSIDE COATING A. Provide buried piping with asphaltic coating in accordance with applicable AWWA and ANSI standards. Klotz Associates Std, 06/01 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02083 City of Pearland DUCTILE IRON PIPE FOR BURIED SERVICES Klotz Associates Project No. 21812 Page 1 B. Finish color for interior and exterior piping shall be as specified in piping system Specification section. C. Coating for piping embedded in concrete is not required. 2.06 POLYETHYLENE ENCASEMENT A. Provide polyethylene encasement for buried piping in accordance with AWWA C105. PART 3 EXECUTION 3.01 INSTALLATION A. Install In accordance with piping system specification Section 02530-Sanitary Sewers and Section 02532-Sanitary Foirce Mains. 3.02 JOINT ASSEMBLY A. Push -on, mechanical, and grooved joint in accordance with manufacturer's written instructions. B. Flanged joint in accordance with piping system specification section, flanged pipe manufacturer's written instructions, and gasket manufacturer s written instructions 3.03 POLYETHYLENE ENCASEMENT A. Install in accordance with AWWA C105. 3.04 TAPPING A. Do not tap polyethylene -lined and glass -lined pipe. B. Taps for ductile iron pipe shall be in accordance with pipe manufacturer's instructions. C. Provide service saddles for tap sizes greater than 1-in. Service saddles are not required for tap sizes I -in. and smaller. * * * END OF SECTION * * * Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Cleai ing and grubbing. 2. Stripping and storing topsoil. 1.02 DEFINITIONS Section 02200 SITE PREPARATION Page 1 A. Structures and Surface Features: Existing structures and surface features including buildings, pavements, curb and gutter, signs, posts, fences, trees, shrubs, landscaped surface features, and other miscellaneous items. B. Utilities: Existing gas mains, water mains, steam lines, electric lines and conduits, telephone and other communication lines and conduits, sewer pipe, cable television, other utilities, and appurtenances. C. Clearing and Grubbing: Cutting and disposing of trees, brush, windfalls, logs, and other vegetation, and removing and disposing of roots, stumps, stubs, grubs, logs, and other timber. D. Salvaged Topsoil: Natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus -bearing soils available from overlying portions of areas to be excavated for construction. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 PREPARATION A. Provide 3 working days notice, prior to beginning construction, to owners of existing utilities, and to OWNER. B. Provide protection and support during construction for existing utilities, structures, and surface features. 3.02 CLEARING AND GRUBBING A. Remove trees that are specified for removal on the contract drawings. B. Clear and grub areas specified on the Drawings. C. Remove shrubs, trees, stumps, vegetation, rubbish, and other perishable or objectionable matter during clearing and grubbing operations. D. Grub to depth of not less than 12 in. below original ground surface or subgrade. E. Dispose of materials removed by clearing and grubbing in accordance with applicable regulations. 02/05/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02200 SITE PREPARATION Page 2 3.03 STRIPPING TOPSOIL A. Cut or mow and remove grass, weeds, and other vegetation before stripping topsoil. B. Remove topsoil to entire depth in areas where grade is to be raised and in areas to be covered by structure, walk or paving. C. Stripped topsoil shall be free from clay, stones, vegetation, and debris. 3.04 STORAGE OF TOPSOIL A. Strip vegetation from stockpile area prior to stockpiling. B. Stockpile where indicated on the Drawings or designated by ENGINEER. C. Shape stockpile so that it will drain. * * * END OF SECTION * * * 02/05/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02315 City of Pearland TRENCHING, BACKFILLING & COMPACTING Klotz Associates Project No. 21812 Page 1 PART 1 GENERAL 1.01 REFERENCES A. ASTM D698 - Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures, Using 5.5-Ib (2.49-kg) Rammer and 12-in. (304.8-mm) Drop. B. ASTM D1556 - Test Method for Density in Place by the Sand -Cone Method. C. ASTM D2487 - Classification of Soils for Engineering Purposes. D. ASTM D2922 - Test Method for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth). E. ASTM D3017 - Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). F. ASTM D4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. G. TxDOT Tex-101-E - Preparation of Soil and Flexible Base Materials for Testing. H. TxDOT Tex-110-E - Determination of Particle Size Analysis of Soils. I. Federal Regulations, 29 CFR Part 1926, Standards -Excavation, Occupational Safety and Health Administration (OSHA) 1.02 SUBMITTALS A. Submit project record documents under provisions of Section 01780 - Project Record Documents. B. Record location of utilities as installed referenced to survey benchmarks. Include location of utilities encountered or rerouted. Give stations, horizontal dimensions, elevations, inverts and gradients. 1.03 QUALITY ASSURANCE A. Sample and analyze soil materials for soil classification and compaction in accordance with provisions of Section 01450 - Testing Laboratory Services. PART 2 PRODUCTS 2.01 EQUIPMENT A. Perform excavation with hydraulic excavator or other equipment suitable for achieving the requirements of this Specification. Excavation by hand is permitted, but no extra payment will be made for hand excavation without prior written app►oval by ENGINEER Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02315 City of Pearland TRENCHING, BACKFILLING & COMPACTING Klotz Associates Project No. 21812 Page 2 C. Use equipment which will produce the degree of compaction specified. Until a minimum cover of 12 inches is obtained over pipes, conduits, and ducts, use only hand -operated tamping equipment. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. 2.02 MATERIAL CLASSIFICATIONS A. Fill and backlit' material shall conform to the following classifications. The classifications follow Unified Soil Classification Symbols as defined in ASTM D2487. 1. Class I: Well graded sands and gravels, gravel -sand mixtures, crushed well graded rock, little or no fines (GW, SW) 1. Plasticity Index - Nonplastic a. Gradation: D60/D10 greater than 4 percent. Amount passing No. 200 sieve not to exceed 5 percent. Maximum size not to exceed that recommended by pipe manufacturer or'/z", whichever is less. Class II: Poorly graded gravels and sands, silty sands and gravels, little to moderate fines (GM, GP, SP SM) 1 Plasticity Index: Nonplastic to 4 percent 2 Gradation: percent passing No. 200 Sieve - less than 5 percent (GP, SP) 3 Gradation: percent passing No. 200 Sieve - between 12 percent and 50 percent (GM, SM) 3. Class III Clayey gravels and sands, poorly graded mixtures of sand, gravel, and clay (GC, SC) 1. Plasticity Index• greater than 7 2. Gradation percent passing No. 200 Sieve between 12 percent and 50 percent Soils with dual designation according to ASTM D2487 shall be used according to the least rests ictive class. Cement Stabilized Sand: Conform to requirements of Section 02341 Cement Stabilized Sand. Crushed Stone. Crushed stone produced from oversize quarried aggi egate, sized by crushing and produced from a naturally occurring single source. Gushed gravel or uncrushed gravel are not acceptable. Grading shall be in accordance with Tex-101-E and Tex-110-E within the following limits: Sieve 2-112 inch 1-3/4 inch No. 4 No. 40 Percent Retained by Weight 0 O to 10 45to75 60 to 85 Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02315 City of Pearland TRENCHING, BACKFILLING & COMPACTING Klotz Associates Project No. 21812 Page 3 PART 3 EXECUTION 3.01 NOTIFICATION OF UTILITY COMPANIES A. Call utility companies at least 48 hours, excluding weekends and holidays, before starting excavation. Request a check of buried lines or cables in the vicinity of pioposed work. Acquire temporary construction permits if required. 3.02 TRENCHING A. Except as otherwise specified or shown on the Drawings, construct underground utilities in open cut trenches with vertical sides. Conform to requirements of Section 01560 - Trench Safety System. B. Do not exceed maximum trench widths shown on the Drawings. C. Remove all ledge rock, boulders and large stones within 4 inches of sides of the pipe. D. Extra width is also allowed for installation of well point headers or manifolds and pumps in trenches where depth of trench makes it uneconomical, or not feasible, to pump from surface installation. Piovide sufficient space between cross braces to permit handling of forms, pipe, and other materials. E. Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that Location. Notify ENGINEER and obtain instructions before proceeding in such areas. Remedies for discoveries of the conditions described will be treated as extras under the provisions of Paragraph 18 of the General Conditions. F. Protect trees, shrubs, lawns, existing structures, and other permanent objects outside of grading limits. G. Protect above -grade and below -grade utilities which are to remain. 3.03 TRENCH BOTTOM A. Make foundation or bottom of trench as uniform as practicable. Remove wet, soft, spongy, or otherwise unstable soils to a minimum depth of 2 feet below the trench bottom as directed and approved by ENGINEER B. Remove rocks projecting above bottom of trench. C. Backfill over excavations with crushed stone. 3.04 HANDLING EXCAVATED MATERIALS A. Classify excavated mates ials. Place material which is suitable for backfilling in orderly piles at a sufficient distance from the trench to prevent slides or cave-ins. Do not use excavated material composed of large chunks, stones, debris, organic matter, or clods for backfilling. C. Provide additional backfill material in accordance with requirements of this Section if adequate quantities of suitable material are not available from excavation and trenching operations at the job site. Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02315 City of Pearland TRENCHING, BACKFILLING & COMPACTING Klotz Associates Project No. 21812 Page 4 3.05 DEWATERING A. Do not excavate in the presence of free water. Do not place bedding, pipe, conduit, or ducts or perform embedment or backfill in the presence of free water. 3.06 BEDDING A. Use Class I material for bedding when depth of pipe trench is 10' or less below finished grade. Use cement stabilized sand for bedding when the pipe trench is more than 10' deep. Compact bedding to 95% of maximum Proctor density as defined by ASTM D 698. B. No bedding is required for electrical conduits. 3.07 BACKFILL AND COMPACTION A. Backfill piping and conduits as shown on Drawings and restore surface as soon as practical. 1. Allow ENGINEER to observe piping before it is backfilled. 2. Where damage to completed work is likely to result from withdrawal of sheeting, leave the sheeting in place. Do not leave untreated sheeting in place beneath structures or pavements 3. Remove formwork of conduits. B. Use Class I material for backfill in the pipe zone when depth of pipe trench is 10' or less below finished grade. Use cement stabilized sand for backfill in the pipe zone when the pipe trench is more than 10 deep. Place backfill in 8 inch loose lifts and compact to 95% of maximum Proctor density as defined by ASTM D 698. Backfill trench segments outside of areas to be paved with material from trench excavation. Place backfill material in 6-inch loose layers. Compact each layer to 95 percent of maximum density as determined by ASTM D698. Compact the backfill at a moisture content sufficient to develop required density. 3.08 FIELD QUALITY CONTROL A. Testing will be performed under provisions of Section 01450 - Testing Laboratory Services. B. Tests will be preformed on minimum of three different samples of each material type for plasticity characteristics, in accordance with ASTM D4318, and for gradation characteristics in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. C. In -place density tests of compacted fill and backfill will be performed according to ASTM D1556, or ASTM D2922 and ASTM D3017, and at the following frequencies and conditions. 1 A minimum of one test for every 100 cubic yards of compacted bedding or backfill material. 2. A minimum of three density tests for each full shift of work. 3. Density tests must be performed in placement areas. 4. The number of tests will be increased if inspection determines that soil type or moisture content, are not uniform or if compacting effort is variable and not considered sufficient to attain specified density uniformly. Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02315 City of Pearland TRENCHING, BACKFILLING & COMPACTING Klotz Associates Project No. 21812 Page 5 D. At least three tests for moisture -density relationships will be performed initially for each type of backfill material in accordance with ASTM D698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. E. If tests indicate work does not meet specified compaction requirements, recondition, recompact, and retest at CONTRACTOR's expense. 3.09 RESTORATION OF WORK AREAS A. Replace pavements damaged or removed during construction operations as shown on the drawings. B. Regrade shoulders, ditches and other work areas disturbed during construction work so that all areas are returned to their original grades and so that all excess soil is removed. C. Remove all construction debris. D. Seed all unpaved areas that were disturbed during construction operations. Sod areas where sodding is called for on the Drawings. 3.10 DISPOSAL OF EXCESS MATERIAL A. Dispose of debris and excess materials in accordance with requirements of Section 01410 - Protection of Environment. 3.11 PROTECTION A. Prevent erosion of trenches and backfill. Do not allow water to pond in trenches. B. Maintain trench excavation and backfill areas until start of subsequent work. Repair and recompact slides, washouts, settlements, or areas with loss of density at no additional cost to OWNER. C. Repair utility lines damaged during construction at CONTRACTOR's expense. Replace trees and shrubs damaged during construction at CONTRACTOR's expense. * * * END OF SECTION * * * Klotz Associates Std, 06/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02341 CEMENT STABALIZED SAND Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Cement stabilized sand for backfill and bedding. 1.02 REFERENCES A. ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field. B. ASTM C33 - Standard Specification for Concrete Aggregates (Fine Aggregate). C. ASTM C40 - Standard Test Method for Organic Impurities in Fine Aggregates for Concrete. D. ASTM C94 Standard Specification for Ready -Mixed Concrete. E. ASTM C123 - Standard Test Method for Lightweight Pieces in Aggregate. F. ASTM C142 - Standard Test Method for Clay Lumps and Friable Particles in Aggregates. G. ASTM C150 - Specification for Portland Cement. H. ASTM D698 - Test Methods for Moisture -Density Relations of Soils and Soil- Aggregate Mixtures Using 5 5-1b. (2 49-kg) Rammer and 12-in. (304.8 min) Drop. I. ASTM D1633 - Standard Test Method for Compressive Strength of Molded Soil- Cement Cylinders. J. ASTM D2487 Standard Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System). K. ASTM D4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01330 - Submittals. B. Submit proposed design mix and test data for sand -cement mixture. 1.04 DESIGN REQUIREMENTS A. Design sand -cement mixture to produce a minimum unconfined compressive strength of 100 pounds per square inch in 48 hours when compacted to 95 percent of ASTM D698 and when cured in accordance with ASTM C31, item 9, and tested in accordance with ASTM C31. Mix shall contain a minimum of 1-1/2 sacks of cement per cubic yard. 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02341 CEMENT STABALIZED SAND Page 2 PART 2 2.01 PRODUCTS MATERIALS A. Cement: Type 1 Portland cement conforming to ASTM C150. B. Sand: Clean, durable sand meeting grading requirements for fine aggregates of ASTM C33 and the following requirements: 1. Classified as SW, SP or SM by the United Soil Classification System of ASTM D2487. 2. Verify through referenced tests that content of deleterious materials in sand is within following limits. a. Clay lumps, ASTM C 142; less than 0.5 percent. b. Lightweight pieces ASTM C123; less than 5 0 percent. c. Organic impurities, ASTM C40; color no darker than the standard color. 3. Plasticity index of 4 or less when tested in accordance with ASTM D4318. C. Water: Potable water, free of oils, acids, alkalies, organic matter or other deleterious substances, meeting requirements of ASTM C94. 2.02 MIXING MATERIALS A. B Add required amount of water and mix it thoroughly in a pugmill-type mixer. Stamp batch ticket at plant with time of loading. Material not placed and compacted within 4 hours after loading shall be rejected. PART 3 EXECUTION 3.01 PLACING A. B. Place sand -cement mixture in 8-inch-thick loose lifts and compact to 95 percent of ASTM D698. Perform compaction of sand -cement mixture within 4 hours after addition of water to mix at the plant. Do not place sand -cement mixture in standing or free water. 3.02 FIELD QUALITY CONTROL A. Testing will be performed under provisions of Section 01450 - Testing Laboratory Services. B. Random samples of delivered product will be taken in the field at point of delivery and tested in accordance with ASTM D1633. * * * END OF SECTION * * * 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SECTION INCLUDES Section 02510 WATER MAINS Page 1 A. Installation of potable water mains. 1.02 SUBMITTALS A. Conform to submittal requirements of applicable specification section for type of pipe, valve, hydrant or piping accessory to be used. PART 2 PRODUCTS 2.01 PIPE MATERIALS A. Unless otherwise shown on the Drawings, use one of the types of pipe specified below: 1. PVC pipe conforming to Section 02081 - PVC Pipe for Buried Services. 2.02 BEDDING AND BACKFILL A. Comply with the requirements of Section 02315 - Trenching, Backfilling, & Compacting. 2.03 QUALITY ASSURANCE A. Comply with the requirements of 30 TAC § 290 — Public Water Supply . 2.04 DELIVERY, STORAGE AND HANDLING A. Handling: 1. Handle and transport pipe with equipment designed, constructed and arranged to prevent damage to pipe, lining and coating. Do not permit bare chains, hooks, metal bars or narrow skids or cradles to come in contact with coatings. Where required, provide pipe fittings with sufficient interior strutting or cross bracing to prevent deflection under their own weight. PART 3 EXECUTION 3.01 PREPARATION FOR PIPE INSTALLATION A. Inspection: 1. Before installation, inspect each pipe and fitting for defects. 2. Reject defective, damaged or unsound pipe and fittings and remove them from site. B. Cleaning: I. If piping is not already clean on the inside, flush with potable water while piping is still stockpiled. 3.02 TRENCH EXCAVATION A. Conform to applicable provisions of Section 02315 - Trenching, Backfilling & Compacting. Klotz Associates Std, 7/01 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 3.03 INSTALLATION Section 02510 WATER MAINS Page 2 A. Install pipe in accordance with the pipe manufacturers instructions and supplemental requirements specified herein and in the specification for the pipe material being used. B. Employ workmen who are skilled and experienced in laying pipe of type being furnished. C. Hoist pipe into trench by means of sling made of a material which will not damage the pipe. Use every precaution to pi event injury to pipe, protective linings, and coatings. Repair damage to pipe or protective lining and coating at no additional cost to OWNER. E. Use gasket lubricant provided or specified by pipe manufacturer. F. Keep joint contact surfaces clean until jointing is completed. G. Lay pipe to lines and grades shown on Drawings. Use adequate surveying methods and equipment and employ personnel competent in use of this equipment. Deviations from alignment shown on Drawings shall not exceed 0 10 feet at any point. Measure horizontal alignment and vertical grade at maximum of every 50 feet and record on project record drawings. H. Observe TNRCC requirements for separation of water and sewer lines. 1. Unless otherwise shown on Drawings, install water mains with minimum vertical clearance of 2 feet and horizontal clearance of 9 feet (when parallel) from existing sanitary sewers. 2. Where new water main crosses beneath an existing sanitary sewer, replace existing sewer with one joint of cast iron, ductile iron or 150 psi rated PVC pipe centered over water main. 3. Notify the Engineer when the foregoing separation rules cannot be met. I. Inform the ENGINEER if any connections not shown on Drawings are found. Do not connect such lines to the new main unless approved by the ENGINEER. J. Keep pipe trenches free of water which might impair pipe laying operations. K. Hand excavate bedding for pipe bells to provide uniform support along entire length of pipe joint. L. Do not deflection of pipe joints more than the maximum recommended by pipe manufacture. M. Carefully place and compact embedment material all around piping. Be especially careful to completely fill and compact the haunch zone on each side of pipe. That is the zone from the bottom of the pipe up to the springline or mid point. If alignment adjustments of pipe are required after pipe has been laid, remove and re -lay as new pipe. Place stoppers or bulkheads in openings and in end of line when construction is stopped temporarily and at end of each day's work. Do not place debris, tools, clothing or other materials in pipe. P Cover and backfill laid pipe if pipe laying operations are to be interrupted for more than 48 hours. K. Install air release valve, fire hydrant and blowoff assemblies where shown on the Drawings. Klotz Associates Std, 7/01 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 3.05 RESTRAINING JOINTS Section 02510 WATER MAINS Page 3 A. Restrain joints at bends, tees valves, and fire hydrants as required to prevent separation of Joints when pressure is applied to the line. Restrain joints in pipe sections as shown on Drawings. C. Unless otherwise specified on the Drawings, use the restraining devices specified in Section 02514 — Water Main Accessories. Use concrete thrust blocking only when called for on the Drawings. 3.06 DISINFECTION OF WATERLINES A. Conform to requirements of Section 02511 - Disinfection of Water Mains. B. The Owner will take samples and perform bacterial tests when notified by the Contractor. 3.07 FIELD HYDROSTATIC TESTS A. Conform to requirements of Section 01451 - Testing Pressure Piping Systems. B. Test Pressure: 125 psi. 3.08 CLEANUP AND RESTORATION A. Clean up and restore work areas promptly after pipe laying, disinfection and testing operations are completed. D. Remove waste materials from the work area and dispose of them as specified in Section 01410 - Protection of Enviionment. Dispose of excess soil unless otherwise specified in the General Notes in the Drawings. ***END OF SECTION*** Klotz Associates Std, 7/01 02/13/02 I McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY Section 02511 DISINFECTION OF WATER MAINS Page 1 A. Section Includes: 1. Requirements for disinfection of new water mains. 1.02 REFERENCES A. American Water Works Association (AWWA): 1. AWWA C651-86 - Standard for Disinfecting Water Mains. B. Texas Administrative Code (TAC): 1. 30 TAC Chapter 290 - Rules and Regulations for Public Water Supplies. 1.03 SUBMITTALS A. Prior to starting disinfection work, furnish detailed outline of proposed sequence of operation, manner of filling and flushing units, source and quality of water to be used, and disposal of wasted water. B. Submit in accordance with Section 01330 — Submittals. 1.04 QUALITY ASSURANCE A. Regulatory Requirements: 1. Disinfection work shall be acceptable to state health authority. If requirements of this section are in conflict with requirements of regulatory agencies latter shall govern. Source Quality Assurance: 1. Perform Work in connection with disinfection under direction of experienced supervisor. 2. Use equipment in proper working condition and adequate for specified Work. PART 2 PRODUCTS 2.01 CHLORINE A. Chlorine gas -water solution or direct chlorine feed is preferred for disinfection. B. Use of high test calcium hypochlorite or tablet method of disinfection shall be approved by ENGINEER and in accordance with AWWA procedures C. Tablet form calcium hypochlorite may be used only for water mains up to 12 in. in dia and Less than 2,500 ft in length. Klotz Associates Std, 06/01 02/05/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 3 3.01 EXECUTION GENERAL Section 02511 DISINFECTION OF WATER MAINS Page 2 A. Method of disinfection for water containment devices and piping systems shall conform to AWWA C651. 3.02 CHLORINE PREPARATION A. Liquid Chlorine: 1. Apply chlorine gas -water solution by means of solution feed chlorinating device or, if approved by ENGINEER, dry gas may be fed directly through proper devices for regulating rate of flow and providing effective diffusion of gas into water within unit being treated. 2. Provide chlorinating devices for feeding solutions of chlorine gas that prevent backflow of water into chlorine cylinder. B. Calcium Hypochlorite: 1. Prepare granular calcium hypochlorite as water mixture before introduction into unit. Make dry powder into paste and thin to approximately 1% chlorine solution. 2. To prepare chlorine solution, add 1 lb of calcium hypochlorite (65% to 70% available Cl2 to 7-1/2 gal of water. 3.03 PIPELINE PREPARATION A. After pressure and leakage tests complete, flush units thoroughly to remove foreign material. B. Release entrapped air at high points and fill units with disinfecting agent and water to allow disinfecting agent to come in contact with interior sui faces. C. If complete venting cannot be accomplished through available outlets, provide necessary corporation cocks and vent piping. 3.04 APPLICATION OF DISINFECTANT A. Point of Application: 1. Apply chlorinating agent at supply end of unit being disinfected. 2. Foi pipes, apply disinfectant through corporation cock installed in top of pipe. 3. Place tablets in accordance with AWWA C651. B. Rate of Application: I . Introduce water at controlled rate in order to regulate chlorine dosage. 2. Proportion rate of chlorine mixture flow to rate of water entering unit so chlorine dose applied produces at least 25 mg/1 chlorine residual after period of 24 hrs. 3. Method of deteimining late of flow of water into unit being disinfected shall be approved by ENGINEER. C. Isolating Systems: 1. Keep chlorine gas -water disinfecting solution and contaminated water from flowing into units previously chlorinated and flushed. Klotz Associates Std, 06/01 02/05/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02511 DISINFECTION OF WATER MAINS Page 3 D. Quality: 1. Retain chlorinated water in unit long enough to destroy nonspore-forming bacteria 2. Minimum retention period shall be 24 hrs with chlorine residual at end of this period of not less than 25 mg/I (ppm). Disinfecting Valves: 1. Operate valves and appurtenances while line or unit is being disinfected to ensure surfaces of valves are disinfected. F. Swabbing: 1. Flush and swab pipe, fittings or valves that must be placed in service immediately with 5% solution of calcium hypochlorite immediately prior to assembly. 2. Secure approval from ENGINEER before using this method of disinfection. G. Valve Operation: Performed by OWNER. 3.05 FINAL FLUSHING AND TEST A. Following chlorination, flush unit or system until replacement water in system is proven to be comparable in quality to water, which will enter unit or system. B. Above acceptable condition of water delivered by each unit or system shall continue for at least 2 days, as demonstrated by laboratory examination of samples. Laboratory tests shall show chlorine residual, after final flushing, of less than 1 mg/1(ppm). C. Repetition of Flushing and Testing: 1. If initial treatment results in unsatisfactory bacterial test, repeat disinfection until satisfactory results obtained. D. Prevent entry of contaminated water into previously disinfected units or systems. * * * END OF SECTION * * * Klotz Associates Std, 06/01 02/05/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY Section 02512 VALVES FOR WATER MAINS Page 1 A. Section Includes: 1. Gate valves, sizes 3 through 20-inch, for buried water lines. 2. Butterfly valves, sizes 3 through 48-inch, for buried water lines. B. For exposed valves in plants and pump stations, see Division 15. 1.02 REFERENCES A. American Water Works Association (AWWA): 1. AWWA C111 -Rubber Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings. 2. AWWA C 504 - Rubber -Seated Butterfly Valves. 3. AWWA C509 - Resilient Seated Gate Valves for Water and Sewage Systems. 4. AWWA C 550 - Protective Interior Coatings for Valves and Hydrants. B. National Sanitation Foundation (NSF) 1 ANSI/NSF 61 — Drinking Water System Components 1.03 SUBMITTALS A. Submit in accordance with Section 01330 - Submittals. B. Submit manufacturer's product data for proposed valves for approval. C. Submit manufacturer's affidavit of compliance with these specifications and the referenced standards. D. Submit manufacturer's operation and maintenance (O&M) data. 1.04 QUALITY ASSURANCE A. All valves furnished under this section shall comply with the public water supply standards of the following organizations: 1. Factory Mutual 2. Underwriters Laboratory 3. National Sanitation Foundation 4. American Water Works Association 1.05 DELIVERY, STORAGE AND HANDLING A. Handling 1. Handle valves in accordance with manufacturer's instructions. 2. Use appropriate slings and lifting equipment. 3. Do not drop. B. Storage 1. Protect valves so that soil and debris do not get inside them. Klotz Associates Std, 7/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 2 PRODUCTS 2.01 GATE VALVES A. Manufacturers 1. Mueller 2. Ludlow Rensselaer 3. Kennedy 4. Clow Section 02512 VALVES FOR WATER MAINS Page 2 B. Standard: AWWA C509 for 2"-24" [resilient wedge] AWWA C500 for 30" and larger [double disc] C. Description 1. Non -rising stem 2. Resilient seat / double disc 3. Mechanical joint end connections 4. Turn clockwise to close. D. Construction 1. 0-ring shaft seals 2. Cast iron body — ASTM A126 Class B 3. Bronze trim 2.02 BUTTERFLY VALVES A. Manufacturers 1 Pratt 2 DeZurik 3 Clow B. Standard: AWWA C 504 C. Description 1. Rubber seated 2. Mechanical joint ends 3. Class 150B 4. Turn clockwise to close. D. Construction 1. Body: Cast iron or Ductile iron 2. Discs: Cast iron or Ductile iron. 3. Seats: Buna-N or neoprene 4. Shafts: Stainless steel TYPE 304-18-8 5. Shaft Seals: Chevron V packing 2.03 COATINGS FOR GATE AND BUTTERFLY VALVES A. Exterior: Two shop coats of asphalt coating conforming to Federal Specification TT-C-494. B. Interior: Two shop coats of high -build epoxy with minimum dry thickness of 10 mils conforming to AWWA C550 and ANSI/NSF 61. Test and certify coating to be holiday free. Klotz Associates Std, 7/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 2.04 ACCESSORIES FOR GATE AND BUTTERFLY VALVES A. Fasteners: Cadmium plated, hex head. Section 02512 VALVES FOR WATER MAINS Page 3 B. Operators 1. Provide extensions with 2-inch AWWA Operating nut on top and 2"Coupling at the valve operator. 2. Provide extensions that place Operating nut within 6 inches of top of valve box. 3. Provide asphalt coating inside and outside. Coating to meet Federal Specification TT-C- 494. 4. Provide operators that are completely sealed against water intrusion and are certified for buried service C. Valve Boxes: 1. Provide a cast iron valve box for each valve. 2. Use 2 or 3-piece boxes with screw type adjustment. 3. Provide asphalt coating inside and outside. Coating to meet Federal Specification TT C 494. D. Provide gearing for resilient wedge gate valves 16" and larger E. Provide bypass and gear for double disc gate valves 16 inches and larger. F. Provide rollers, tracks and scrapers for double disc gate valves installed horizontally. 2.05 SOURCE QUALITY CONTROL A. Perform valve leakage tests in both directions in the factory. B. Test coatings for holidays and thickness and provide certified test reports. PART 3 EXECUTION 3.01 INSTALLATION A. Prior to installation check to see that each valve operates properly, that there is no debris in it. Also check all bolts/fasteners and tighten if loose as per AWWA C-500. Locate valves where shown on the Drawings. C. Install in accordance with details shown on the Drawings, the manufacturer's written instructions and approved submittals D. Support valves 12 inches and larger with a concrete slab as shown on Drawings. E. Have ENGINEER or OWNER's representative inspect the valve installation before backfilling. * * * END OF SECTION * * * Klotz Associates Std, 7/01 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL Section 02513 FIRE HYDRANTS Page 1 1.01 SUBMITTALS A. Submit in accordance with Section 01330. B. Submit manufacturer's product data for proposed valves for approval. C. Submit manufacturer's affidavit compliance with these specifications and the referenced standards D. Submit manufacturer's operation and maintenance (O&M) data. 1.02 REFERENCES A. American Water Works Association (AWWA): 1. AWWA C502 — Fire Hydrants 2. AWWA C509 - Resilient Seated Gate Valves for Water and Sewage Systems. 4. AWWA C550 - Protective Interior Coatings for Valves and Hydrants. B. National Sanitation Foundation (NSF) 1 ANSI/NSF 61 — Drinking Water System Components 1.03 QUALITY ASSURANCE A All items furnished under this section shall comply with the public water supply standards of the following organizations: 1. Factory Mutual 2 Underwriters Laboratory 3. National Sanitation Foundation 1.04 DELIVERY, STORAGE AND HANDLING A. Handling 1. Handle hydrants in accordance with manufacturer's instructions. 2. Use appropriate slings and lifting equipment. 3. Do not drop. B. Storage 1. Protect hydrants so that soil and debris do not get inside them. PART 2 PRODUCTS 2.01 HYDRANTS A. Manufacturers 1 Mueller 2 Clow Klotz Associates Std, 07/01 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02513 FIRE HYDRANTS Page 2 B. Models 1 Mueller Centurion 2 Clow Medallion C. Standard: Meet the requirements of AWWA C502 D. Type: Dry barrel, 3-way E. Description 1. Pressure rating of 250 psi 2. Mechanical joint end connection 3. One 4.492 inch and two 2-1/2 inch hose connections 4. Low head loss 5. Dry top design with o-ring sealed oil reservoir 6. Reversible rubber compression type main valve 7. Bronze seat ring 8. Safety flange 9. Stainless steel safety stem coupling 10. Galvanized fasteners F. Coatings 1. Inside High build epoxy coating above and below main valve 2. Outside: Factory applied coating meeting the requirements of AWWA C502 PART 3 EXECUTION 3.01 INSTALLATION A. Install at locations shown on the Drawings. B. Install in accordance with detail shown on the Drawings and manufacturers instructions C. Locate nozzle centerline minimum 18 inches above fmish grade. When barrel of hydrant passes through concrete slab or walk, wrap portion of barrel opposite concrete with 2 layers of asphalt roofing felt. F. Coat exposed portions of hydrant with a finish coat compatible with the factory applied coating. * * * END OF SECTION * * * Klotz Associates Std, 07/01 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SUMMARY Section 02514 WATER MAIN ACCESSORIES Page 1 A. Section Includes: 1. Mechanical couplings, unrestrained 2. Flanged coupling adapters, restrained and unrestrained 3. Joint restraints of various types 4. Unibolt fittings 5. Tapping saddles and valves 6. Service saddles 7. Corporation stops 8. Curb valves and boxes 9. Air release valves 10. Locator tape for PVC water Lines B. Except for air release valves, all products in this section are for buried service. C. For exposed service applications of the items specified in this Section, see Division 15. D. Valve boxes for shutoff valves are specified in Section 02512 — Valves for Water Mains. E. Some products specified in this Section may not be required for this Contract. 1.02 SUBMITTALS A. Submittals are not required for products specified by manufacturer and model herein. B. Submit product data for items not named by make and model. C. Make submittals in accordance with Section 01330 - Submittals. 1.03 QUALITY ASSURANCE A. All items furnished under this section shall comply with the public water supply standards of the following organizations. 1. Factory Mutual 2. Underwi iters Laboratory 3. National Sanitation Foundation PART 2 PRODUCTS 2.01 UNRESTRAINED MECHANICAL (BOLTED) COUPLINGS A. Manufacturers 1 Smith -Blair, Inc. 2. Romac Industries, Inc. 3. Viking -Johnson B. Models: Smith -Blair Model 411 Klotz Associates Std, 10/01 Printed 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02514 WATER MAIN ACCESSORIES Page 2 Standard: AWWA C219 D. Description 1. Designed for use with AWWA C900/C905/C909 PVC pipe and AWWA C151 ductile iron pipe 2. Available in sizes A through 60 inches 3. Epoxy coated inside and outside 4. Color: Blue or Manufacturers Standard 5. Pressure rating of 150 psi or more. E. Materials 1. Steel sleeves 2. Steel or ductile iron follower glands 3. Buna N gaskets 4. High strength, low alloy steel fasteners 2.02 UNRESTRAINED FLANGED COUPLING ADAPTERS A. Manufacturers 1 Smith -Blair, Inc. 2 Romac Industries Inc. 3 Viking -Johnson B. Model: Smith Blair Model 914 C. Standard: AWWA C219 Description 1. Designed for use with AWWA C900/C905/C909 PVC pipe and AWWA C151 ductile iron pipe 2. Available in sizes 3 through 24 inches 3. Epoxy coated inside and outside with fission epoxy in accordance with AWWA C550. 4. Pressure rating of 150 psi or more. 5. Color: Blue or Manufacturers Standard. Materials: (. Flange: Steel, faced and drilled to 150-1b. class in conformance with ANSI B16.5. 2. Body: Steel. 3. Follower: Ductile iron or steel. 4. Gasket: Buna N 5. Fasteners High strength, low alloy steel. 2.03 RESTRAINED FLANGE COUPLING ADAPTERS A. Manufacturers 1. EBAA Iron Sales, Inc. 2. Smith -Blair, Inc. B. Models 1. EBAA Mega Lug Series 2100 2. Smith -Blair 900 Series C. Description Klotz Associates Std, 10/01 Printed 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02514 WATER MAIN ACCESSORIES Page 3 1. Available in sizes 3 through 36 inches 2. Ductile iron construction 3. Multiple adjustable gripping wedges 4. Capable of being deflected 5. Epoxy coated 6. Cadmium plated high strength, low allow steel tie rod fasteners 7. Pressure ratings to match pipe being used. D. Set screw type restraints are not acceptable. 2.04 MECHANICAL JOINT RESTRAINTS FOR DUCTILE IRON PIPE A. Manufacturers 1. EBAA Iron, Inc. 2. Smith -Blair, Inc. E. Models 1. EBAA Mega Lug Series 1100 2. Smith -Blair 900 Series F. Description 1. Available in sizes 3 through 48 inches 2. Suitable for use with standard mechanical joints 3. Harness systems available for bell and spigot pipe 4. Ductile iron construction 5. Epoxy coated 6. Cadmium plated high strength, low allow steel fasteners 7. Pressure rating of 350 psi for pipe sizes 3 through 16 inches 8. Pressure rating of 250 psi for pipe sizes 18 through 48 inch 2.05 MECHANICAL JOINT RESTRAINTS FOR PVC PIPE A. Manufacturers 1. EBAA Iron, Inc. 2. Smith -Blair, Inc. B. Models 1. EBAA Iron: 2000PV Series 2. Smith -Blair: C. For Joining PVC Pipe to Mechanical Joint Fittings 1. Available in sizes 4 through 36 inches 2. Ductile iron construction 3. Multiple, individually activated gripping surfaces. 4. Epoxy coated 5. Cadmium plated fasteners 6. Pressure ratings to match PVC pipe being used D. Clamps and Harnesses Used for Bell and Spigot Pipe 1. Available in sizes 4 through 36 inches 2. Ductile iron split clamps with serrated interior surfaces that contact the pipe. 3. High strength low alloy steel cadmium plated tie bolts Klotz. Associates Std. 10/01 Printed 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02514 WATER MAIN ACCESSORIES Page 4 4. Pressure rating of 150 psi 2.06 GROOVE TYPE JOINT RESTRAINTS FOR PVC PIPE A. Manufacturers 1. CertainTeed B. Models 1. CertainTeed Certa-Lok C. Description 1. Designed for use with AWWA C900/C909 PVC pipe 2. Available in sizes 4 through 12 inches 3. Use couplings to join pipe sections 4. Uses grooves in pipe ends and couplings and nylon splines to prevent pipe from coming out of couplings. 5. Also uses grooved ductile iron follower glands for restraining Joints at mechanical joint fittings. Nylon splines are used to restrain these glands. 6. Pressure rating: Use 200 psi rated couplings. 2.07 UNIBOLT RESTRAINED JOINT FITTINGS A. Manufacturers 1 One Bolt, Inc. B. Description 1. Designed for use with AWWA C900/C905/C909 PVC pipe and AWWA C151 ductile iron pipe 2. Available in sizes 4 through 12 inches 3. Compact design conforming to AWWA C153. 4. Gasket design compliant with ASTM F 477 5. Coated inside and outside with fusion bonded epoxy conforming to AWWA C116. 6. Rated for 350 psi 2.08 TAPPING SADDLES AND VALVES A. Manufactures 1. Mueller Company 2. Smith -Blair, Inc. 3. Clow B. Description of Tapping Saddles 1. Designed for use with AWWA C900/C905/C909 PVC pipe and AWWA C151 ductile iron pipe 2. Available in sizes 4 x 4 inch through 24 x 24 inch. 3. Ductile iron or stainless steel construction with epoxy coatings inside and outside 4. Cadmium plated fasteners. 5. Valve box as specified in Section 02512 — Valves for Water Mains 6. Pressure Ratings: a. 250 psi for sizes through 12 inch b. 150 psi for size 14 through 24 inch. B. Description of Tapping Valves 1. Meet requirements of AWWA C509 Klotz Associates Std, 10/01 Printed 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 2. Resilient wedge 3. Non rising stem 4. One end flanged for attachment to saddle 5. Epoxy coated inside and outside 6. Pressure Ratings a. 200 psi for sizes through 12 inch b. 150 psi for size 14 through 24 inch. 2.09 SERVICE SADDLES A. Manufacturers 1. Smith -Blair, Inc 2. Mueller Company B. Models 1. Smith -Blair 317 2. Mueller DE2S C. Standard: AWWA C800 Section 02514 WATER MAIN ACCESSORIES Page 5 D. Description 1. Designed for use with AWWA C900/C905/C909 PVC pipe and AWWA C151ductile iron pipe 2. Available for pipe sizes 3 through 24 inches 3. Double strap 4. Tapered outlet connection, '/ inch through 2-1/2 inch 5. Epoxy coated 6. Blue color 7. 500 psi maximum working pressure E. Materials 1. Ductile iron body 2. Stainless steel straps 3. Stainless steel fasteners 4. Buna N or Nitrile gasket 2.10 CORPORATION STOPS A. Manufacturers 1. Mueller Company Model: Mueller Model 300 C. Description of Corporation Stop 1. Ball type 2. Brass construction 3. Stainless steel seat 4. PFTE coated ball 5. Double o-ring stem seals 6. Tapered AWWA inlet thread 7. Compression type outlet connection 8. 300 psi working pressure Klotz Associates Std, 10/01 Printed 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02514 WATER MAIN ACCESSORIES Page 6 5.11 CURB VALVES AND BOXES A. Manufacturers 1. Mueller Company B. Model: Mueller Model 300 C. Description of Curb Valves 1. Ball type 2. Brass construction 3. Stainless steel seat 4. PFTE coated ball 5. Double o-ring stem seals 6. Tapered AWWA inlet thread 7. Compression type outlet connections 8. Available in sizes ''Athrough 2 inch. 9. 300 psi working pressure D. Description of Curb Boxes 1. Cast iron construction 2. Adjustable height 3. Provide with foot piece to support valve 4. Mueller Mode H-10316 and H-10336 5.12 LOCATOR TAPE FOR PVC WATER LINES. A. Type: Detectable tape with embedded wire B. Color: Blue PART 3 EXECUTION 3.01 INSTALLATION A. Install where shown on Drawings and where needed to make closures with existing piping. B. Install in accordance with details shown on the drawings and the manufacturer's written instructions. *** END OF SECTION * * * Klotz Associates Std, 10/01 Printed 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 PART 1 GENERAL 1.01 SECTION INCLUDES A. Gravity sanitary sewers and appurtenances, including stacks and service connections. 1.02 MEASUREMENT AND PAYMENT Section 02530 SANITARY SEWERS Page 1 A. Unit Prices. 1. Payment for pipe installation is on a linear foot basis. Measurement will be taken along the center line of the pipe from center line to center line of manholes. Payment will be made for each linear foot installed complete in place including sewer pipe excavation, bedding, backfill and special backfill, shoring, earthwoik, connections to existing manholes and pipe, stacks cleanouts, accessories, and post TV inspection 2. Unit Price Items identify line segments between stations as shown on the Drawings. 3. Refer to Section 01270 - Measurement and Payment for unit price procedures. Stipulated Price (Lump Sum). If the Contract is a Stipulated Price Contract, payment for work in this Section is included in the total Stipulated Price. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01330 - Submittals. B. Submit proposed methods, equipment, materials and sequence of operations for sewer construction. Plan operations to minimize disruption of utilities to occupied facilities or adjacent property. C. Test Reports: Submit test reports and inspection videos as specified in Part 3 of this Section. 1.04 QUALITY ASSURANCE A. Qualifications. Install a sanitary sewei that is watertight both in pipe -to -pipe joints and in pipe -to -manhole connections. Perform testing in accordance with Section 02533 - Acceptance Testing for Sanitary Sewers. Regulatory Requirements. 1. Install sewer lines to meet the minimum separation distance from any potable water line, as scheduled below. The separation distance is defined as the distance between the outside. of the water pipe and the outside of the sewer pipe. When possible, install new sanitary sewers no closer to water lines than 9 feet in all directions. Where this separation distance cannot be achieved, new sanitary sewers shall be installed as specified in this section. 2. Make notification to the ENGINEER if water lines are uncovered during sanitary sewer installation where the minimum separation distance cannot be maintained. 3. Lay gravity sewer lines in straight alignment and grade. 1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Inspect pipe and fittings upon arrival of materials at the job site. Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 2 PART 2 Handle and store pipe materials and fittings to protect them from damage due to impact, shock, shear or free fall. Do not drag pipe and fittings along the ground. Do not roll pipe unrestrained from delivery trucks. C. Use mechanical means to move or handle pipe Employ acceptable clamps, rope or slings around the outside barrel of pipe and fittings. Do not use hooks, bars, or other devices in contact with the interior surface of the pipe to lift or move lined pipe. PRODUCTS 2.01 PIPE A. Provide piping materials for gravity sanitary sewers of the sizes and types indicated on the Drawings or as specified. B. Unlined reinforced concrete pipe is not acceptable. 2.02 PIPE MATERIAL SCHEDULE A. Unless otherwise shown on the Drawings, use pipe materials that conform to requirements specified in one or more of the following Sections: 1. Section 02083 - Ductile Iron Pipe for Buried Services. B. Where shown on the Drawings, provide pipe meeting the minimum class, dimension ratio, or other criteria indicated. C. Pipe materials other than those listed above shall not be used for gravity sanitary sewers. 2.03 BEDDING AND BACKFILL A. Bedding and Backfill: Conform to requirements of Section 02315 — Trenching, Backfilling & Compacting and Section 02341 Cement Stabilized Sand. PART 3 3.01 EXECUTION PREPARATION A. Prepare traffic control plans and set up street detours and barricades in preparation for excavation if construction will affect traffic. B. Provide barricades, flashing warning lights, and warning signs for excavations. Maintain barricades and warning lights where work is in progress or where traffic is affected by the work C. Perform work in accordance with OSHA standards. Employ a trench safety system as specified in Section 01560 - Trench Safety System for excavations over 5 feet deep D. Immediately notify the agency or company owning any utility line which is damaged, broken or disturbed. Obtain approval from ENGINEER and agency or utility company for any repairs or relocations, either temporary or permanent. Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road Section 02530 City of Pearland SANITARY SEWERS Klotz Associates Project No. 21812 Page 3 E. Install and operate dewatering and surface water control measures in accordance with Section 01578 - Control of Ground Water and Surface Water. F. Do not allow sand, debris or runoff to enter sewer system. 3.02 DIVERSION PUMPING A. Install and operate required bulkheads, plugs, piping, and diversion pumping equipment to maintain sewage flow and to prevent backup or overflow. Obtain approval for diversion pumping equipment and procedures from ENGINEER. B. Design piping, joints and accessories to withstand twice the maximum system pressure or 50 psi, whichever is greater. C. No sewage shall be diverted into any area outside of the sanitary sewer. In the event of accidental spill or overflow immediately stop the overflow and take action to clean up and disinfect spillage. Promptly notify ENGINEER so that required reporting can be made to the Texas Natural Resources Conservation Commission and the Environmental Protection Agency by the ENGINEER. 3.03 EXCAVATION A. Trench Excavation. Conform to requirements of Section 02315 — Trenching, Backfilling & Compacting. Use bedding as indicated on Drawings. B. Line and Grade. Establish the required uniform line and grade in the trench from benchmarks identified by the ENGINEER. Maintain this control for a minimum of 100 feet behind and ahead of the pipe -laying operation. Use laser beam equipment to establish and maintain proper line and grade of the work. Use of appropriately sized grade boards which are substantially supported is also acceptable. Protect the boards and location stakes from damage or dislocation. 3.04 PIPE INSTALLATION BY OPEN CUT A. Install pipe in accordance with the pipe manufacturer's recommendations and as specified in the following paragraphs. B. Install pipe only after excavation is completed, the bottom of the trench fine graded, bedding material is installed, and the trench has been approved by the ENGINEER. C. Install pipe to the line and grade indicated. Place pipe so that it has continuous bearing of barrel on bedding material and is laid in the trench so the interior sun faces of the pipe follow the grades and alignment indicated. Provide bell holes where necessary. Install pipe with the spigot ends toward the direction of flow. Form a concentric joint with each section of adjoining pipe so as to prevent offsets. F Keep the interior of pipe clean as the installation. progresses. Where cleaning after laying the pipe is difficult because of small pipe size, use a suitable swab or drag in the pipe and pull it forward past each joint immediately after the joint has been completed. Remove foreign material and debris from the pipe. Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 4 G. Provide lubricant, place and drive home newly laid sections with come -a -long winches so as to eliminate damage to sections. Install pipe to "home" mark where provided. Use of back hoes or similar powered equipment will not be allowed unless protective measures are provided and approved in advance by ENGINEER. H. Keep excavations free of water during construction and until final inspection. When work is not in progress, cover the exposed ends of pipes with an approved plug to prevent foreign material from entering the pipe. J. Where a gravity sanitary sewer is to be installed under an existing water line with a separation distance of at least 2 feet and less than 9 feet, install the new sewer pipe so that one full joint length of pipe is centered on the water line crossing. Embed the sewer pipe in cement stabilized sand for a minimum distance of 9 feet on each side of the crossing K. Where a gravity sanitary sewer is to be installed under an existing water line with a separation distance of less than 2 feet, install the new sewet using pressure -rated pipe as shown on the Drawings. Maintain a minimum 6-inch separation distance. L. Where the length of stubs is not indicated, install a 4-foot length and seal the free end with an approved plug. 3.05 PIPE INSTALLATION OTHER THAN OPEN CUT A. For installation of pipe by angering, Jacking, of tunneling, conform to requirements of specification sections on tunneling augering, jacking and mictotunneling work as appropriate. 3.06 INSPECTION AND TESTING A. Visual Inspection: Check pipe alignment in accordance with Section 02533 - Acceptance Testing for Sanitary Sewers. B. Pipe Leakage Test. After backfilling a line segment and prior to tie-in of service connections, visually inspect gravity sanitary sewers where feasible and test for leakage in accordance with Section 02533 - Acceptance Testing for Sanitary Sewers. Maintain piezometer installed to conform with Section 01578 - Conn ol of Ground Water and Surface Water, until acceptance testing is completed. 3.08 BACKFILL AND SITE CLEANUP A. Backfill and compact soil in accordance with Section 02315 — Trenching, Backfilling & Compacting. B. Backfill the trench in specified lifts only after pipe installation is approved by the ENGINEER. C. Provide hydromulch seeding in ar eas of commercial, industt ial or undeveloped land use over the surface of ground disturbed during construction and not paved or not designated to be paved. Grade surface at a uniform slope to natural grade as indicated on the Drawings. Apply hydromulch according to requirements of Section 02921 - Hydromulch Seeding. Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 5 3.09 POST -INSTALLATION TELEVISION INSPECTION A. Prior to final acceptance of newly constructed gravity sanitary sewers, perform cleaning and closed circuit television inspection. Cleaning shall include utilizing variable pressure water nozzles (3000 psi) and collection, removal, transportation and disposal of any sand, debris, and liquid wastes to legal disposal sites. B. Select and use closed-circuit television equipment that will produce a color video tape. Produce a video tape using a pan -and -tilt, radial viewing, pipe inspection camera that pans plus and minus 275 degrees and rotates 360 degrees. Use a camera with an accurate footage counter whichdisplays on the monitor the exact distance of the camera from the starting manhole. Use a camera with camera height adjustment so that the camera lens is always centered at one-half the inside diameter, or higher in the pipe being televised Provide a lighting system that allows the features and condition of the pipe to be clearly seen. A reflector in front of the camera may be necessary to enhance lighting in dark or large diameter pipe. C. Perform television inspection of gravity sanitary sewers as follows: 1. Videos shall pan beginning and ending manholes to demonstrate that debris has been removed. Camera operator shall slowly pan each service connection and where sewer transitions from one pipe material to another. 2. Video tapes shall be continuous for pipe segments between manholes. Do not leave gaps in the video taping of a segment between manholes and do not show a single segment on more than one video tape. 3. No flow is allowed in the gravity sanitary sewer while performing post -installation television inspection. D. Provide video tapes in the VHS format, recorded at Standard Play (SP). Two labels are required. One label shall be placed on the spine and the other on the face of each video tape. Permanently label each video tape with the following information. Spine of Tape Wastewater File No.: Contractor's Name: Inspection Type: [ ] Survey [ ] Pre -Installation [ ] Post -Installation Tape No.: Date Televised: Date Submitted: Basin No: Face of Tape Manhole No. From Manhole No. To Pipe Diameter Pipe Length Street E. For each video tape provide a completed TV Inspection Report, as attached at the end of this section. The TV Inspection Report is a written/narrated log of pipe conditions and service connections indexed to a footage counter. Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 6 F Upon completion of video tape reviews by ENGINEER, the CONTRACTOR will be notified regarding final acceptance of the sewer segment. **END OF SECTION** Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road C►ty of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 7 HEADER INFORMATION LOCATION A STREET ROW, HEAVY TRAFFIC B STREET ROW, LIGHT TRAFFIC C EASEMENT, POOR ACCESS D EASEMENT, GOOD ACCESS E PARKING LOT, POOR ACCESS F PARKING LOT, GOOD ACCESS G ALLEY, POOR ACCESS H ALLEY, GOOD ACCESS I OPEN AREA, POOR ACCESS J OPEN AREA, GOOD ACCESS SURFACE COVER A ASPHALT STREET B CONCRETE STREET C SHELL STREET D SIDEWALK E TREES/SHRUBS F CLOSE TO FENCE G OPEN AREA H MOVABLE BUILDING I UNMOVABLE BUILDING J OVERHEAD UTILITIES K WATERWAY OR RAILWAY L HIGHWAY OR RUNWAY M PIPE ABOVE GROUND P IPE TYPE ABS BRK CIP CMP CON CPP DIP FRP PLP PEP PVC RCP RPM U RC ✓ CP TELEVISION INSPECTION CODES ACRYLONITRILE BUTADIENE STYRENE BRICK CAST IRON PIPE CORRUGATED METAL PIPE POURED IN PLACE CONCRETE CURED IN PLACE PIPE DUCTILE IRON PIPE FIBERGLASS REINFORCED PIPE PLASTIC LINED CONCRETE PIPE POLYETHYLENE PIPE POLYVINYLCHLORIDE PIPE REINFORCED CONCRETE PIPE REINFORCED PLASTIC MORTAR PIPE UNREINFORCED CONCRETE PIPE VITRIFIED CLAY PIPE JOINTS MJ - MISALIGNED JOINT BJ - BROKEN CODES DESCRIPTION A (3) B (6) C (9) D (3) E (6) F (9) G (1) H (2) I (3) J (2) K (4) L (6) N (0) O (0) CODES A (1) B (2) C (3) D (4) E (5) F (6) G (7) H (0) CODES A (1) B (2) C (3) DRP JT > 90% CLEAR DRP JT 80 - 90% CLEAR DRP JT < 80% CLEAR SHF JT > 90% CLEAR SHF JT80-90%CLEAR SHF JT < 80% CLEAR WDJT 2'-3" WD JT 3' - 4" WDJT> 4' BRK JT - LIGHT BRK JT - MEDIUM BRK JT - HEAVY VISIBLE GASKET LEAKING AT JOINT LATERALS (L) JOINT USE IN DESCRIPTION PRT SER 0' - 1 ' PRT SER 1 ' 2" PRTSER 2'-3" PRT SER 3 ' + DEFECTIVE - SERVICE CONN. DEAD/UNUSED SERVICE FACTORY SERVICE PLUMBER SERVICE ROOTS (R) DESCRIPTION ROOTS - LIGHT ROOTS - MEDIUM ROOTS - HEAVY DEBRIS (D) CODES DESCRIPTION A DEBRIS - LIGHT B DEBRIS - MEDIUM C DEBRIS - HEAVY D GREASE - LIGHT E GREASE - MEDIUM F GREASE HEAVY CODES A (3) B (6) C (9) D (2) E (4) F (6) G (0) INFLOW/INFILTRATION (I) MJ MJ MJ MJ MJ MJ MJ MJ MJ BJ BJ BJ MJ MJ DESCRIPTION I/I - LIGHT (0-1 GPM) I/I - MEDIUM (1-5 GPM) I/I - HEAVY (> 5 GPM) I/I - SOME EVIDENCE I/I - CONSIDERABLE EVIDENCE I/I - GREAT EVIDENCE I/I - NO EVIDENCE Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02530 SANITARY SEWERS Page 8 WEATHER DRY - WET CODE DESCRIPTIONS CRACKS RC -RADIAL CODES DESCRIPTION A (1) < 1/2' W < 1' L B (2) < 1/2 ' W 1' - 2' L C (3) <1/2' W >2'L D (4) > 1/2' W < l' L E (5) > 1/2' W 1'-2'L F (6) > 1/2' W > 2' L G (7) HOLE IN PIPE — SMALL H (8) PIPE MISSING - < 601 I (9) PIPE MISSING - > 60_ Z (0) AT MANHOLE NUMBER CS LC -LONGITUDINAL USE IN CRK CRK CRK CRK CRK CRK ALIGNMENT (A) CODES DESCRIPTION A BEGIN 1/4 PIPE WATER B BEGIN 1/2 PIPE WATER C CAMERA UNDERWATER D END CAMERA UNDERWATER E END 1/2 PIPE WATER F END 1/4 PIPE WATER STRUCTURAL DS - DETERIORATED; OS - OVALITY; CS - CODES DESCRIPTION A (3) LINE DET - LIGHT B (6) LINE DET - MEDIUM C (9) LINE DET - HEAVY D (3) OVAL < 5% OVAL > 5% & < 10% OVAL > 10% COLLAPSED PIPE DET - HEAVY PIPE DET - LIGHT PIPE DET - MEDIUM PIPE DET - NONE LINE DET - NONE E (6) F (9) G (9) H (0) L (0) M (0) N (0) 0 COLLAPSE; USE IN DS DS DS OS OS OS CS DS DS DS DS DS Klotz Associates Std, 06/01 02/15/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02532 SANITARY FORCE MAINS Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Sanitary sewer force mains. 1.02 MEASUREMENT AND PAYMENT A. Unit Prices. 1. Payment for installation of force main pipe is on a linear foot basis. Measurement will be taken along the center line of the pipe from end to end. Payment will be made for each foot of force main installed, complete in place including pipe, excavation, bedding backfill and special backfill, shoring, earthwork, connections to existing manholes, and pipe and accessories. 2. Payment for acceptance testing of force main is on a linear foot basis for force mains tested in accordance with the requirements of Paragraph 3.03, Hydrostatic Testing and Paragraph 3.04, Pigging Test. 3. The Unit Price item identifies line segments between stations as shown on the Drawings. 4. Refer to Section 01270 - Measurement and Payment for unit price procedures. Stipulated Price (Lump Sum). If the Contract is a Stipulated Price Contract, payment for work in this Section is included in the total Stipulated Price. 1.03 REFERENCE STANDARDS A. ACI 318 - Building Code Requirements for Reinforced Concrete. B. ASTM D 696 - Standard Test Method for Coefficient of Linear Expansion of Plastics Between -30 degrees C and 30 degrees C. C. ASTM D 1248 - Polyethylene Plastics Molding and Extrusion Materials. D. ASTM D 2122 - Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings. E. ASTM D 2310 - Standard Specification for Machine -Made Reinforced Thermosetting - Resin Pipe. F. ASTM D 2837 - Standard Test Methods for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. G. ASTM D 2992 - Standard Practice for Obtaining Hydrostatic or Pressure Design Basis for "Fiberglass" (Glass -Fiber Reinforced Thermosetting -Resin) Pipe and Fittings. H. ASTM D 2996 - Standard Specification for Filament -Wound "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe. 1. ASTM D 3350 - Standard Specification for Polyethylene Plastic Pipe and Fittings Materials. J. ASTM F 714 - Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter. K. Uni-Bell UNI-B-3 Polyvinyl Chloride (PVC) Pressure Pipe (complying with AWWA C 900). 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02532 SANITARY FORCE MAINS Page 2 1.04 SUBMITTALS A. Conform to requirements of Section 01330 - Submittals. B. Submit proposed methods, equipment, materials, and sequence of operations for force main construction. Plan operations to minimize disruption of utilities to occupied facilities or adjacent property. C. Submit shop drawings and design calculations for joint restraint systems using reinforced concrete encasement of pressure pipe and fittings. D. Submit qualifications, proposed methods, equipment, materials, and sequence for acceptance testing of the pipeline. Submit evidence of experience with pipeline proving by pigging for at least three projects of equal or greater scope; project list shall include dates, size and length of pipe, location, owner name, contact person, and telephone number. Provide certificate of training by the manufacturer of the pigging equipment being used. E. Submit test reports as specified in Part 3 of this Section. PART 2 PRODUCTS 2.01 DUCTILE -IRON PIPE AND FITTINGS A. Conform to requirements of Section 02083 — Ductile Iron Pipe for Buried Services. 2.02 THRUST RESTRAINT A. Unless otherwise shown on the Drawings, provide concrete thrust blocking for force mains up to 12-inches in diameter, to prevent movement of buried lines under pressure at bends, tees, caps, valves and hydrants. Blocking shall be Portland cement concrete. Place concrete in accordance with details on the Drawings. Place thrust blocks between undisturbed ground and the fittings. Anchor fittings to thrust blocks so that pipe and fitting joints are accessible for repairs. Concrete shall extend from 6 inches below the pipe or fitting to 12 inches above. B. For force mains larger than 12 inches in diameter, and where indicated on the Drawings, provide restrained joints conforming to the requirements of the force main pipe material specifications. Restrained joints shall be installed for the length of pipe on both sides of each bend or fitting for the full length shown on the Drawings. C. Horizontal and vertical bends between zero and 10 degrees deflection angle will not require thrust blocks or harnessed or restrained joints. D. Hot izontal and vertical bends between 10 degrees and 90 degrees deflection angle shall have thrust restraint as shown on the Diawings. Provide thrust restraint at tees, plugs, blowoff drains, valves, and caps, as indicated. F. Reinforced concrete encasement of force main pipe and fittings may be used in lieu of manufactured joint restraint systems. Alternate joint restraint systems using reinforced concrete encasement shall conform to the following design requirements. 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02532 SANITARY FORCE MAINS Page 3 1. Design calculations shall be performed and sealed by a Professional Engineer licensed in. the State of Texas. 2. Design calculations shall be based upon soil parameters quantified in the geotechnical report for the site where the alternative thrust restraint system is to be installed. If data is not available for the site, use parameters recommended by the geotechnical engineer. 3. The design system pressure shall be the specified test pressure. 4. The following safety factors shall be used in sizing the restraint system. a. Apply a factor of safety equal to 1.5 for passive soil resistance. b. Apply a factor of safety equal to 2 0 for soil friction. 5. The encasement shall be contained entirely within the standard trench width and terminate on both ends at a pipe bell or coupling. 6. Concrete encasement reinforcement steel shall be designed for all loads, including internal pressure and longitudinal forces. Concrete design shall be in accordance with ACI 318. PART 3 EXECUTION 3.01 PIPE INSTALLATION BY OPEN -CUT A. Perform excavation, bedding, and backfill in accordance with Section 02315 - Trenching, Backfilling & Compacting. B. Wrap ductile -iron pipe and fittings with polyethylene wrap. Polyethylene wrap shall not be installed on ductile iron pipe protected by a cathodic protection system. C. Install pipe in accordance with the pipe manufacturer's recommendations and as specified in the following paragraphs. D. Install pipe only after excavation is completed, the bottom of the trench is fine graded, bedding material is installed, and the bench has been approved by the ENGINEER. E. Install pipe to the line and grade indicated. Place pipe so that it has continuous bearing of barrel on bedding material and is laid in the trench so the interior sui faces of the pipe follow the grades and alignment indicated. Provide bell holes where necessary. F. Install pipe with the spigot ends toward the direction of flow. Form a concentric Joint with each section of adjoining pipe so as to prevent offsets. G. Keep the interior of pipe clean as the installation progresses. Where cleaning aftei laying the pipe is difficult because of small pipe size, use a suitable swab or drag in the pipe and pull it forward past each joint immediately after the joint has been completed. Remove foreign material and debris from the pipe. H. Provide lubricant, place and drive home newly -laid sections with come -a -long winches so as to eliminate damage to sections. Install pipe to "home" mark where provided. Use of back hoes or similar powered equipment will not be allowed unless protective measures are provided and approved in advance by ENGINEER. 1. Keep excavations free of water during construction and until final inspection. J. When work is not in progress, cover the exposed ends of pipes with an approved plug to prevent foreign material from entering the pipe. 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02532 SANITARY FORCE MAINS Page 4 K. Where sanitary sewer force main is to be installed under an existing water line with a separation distance of less than 2 feet, install one full joint length of pipe centered on the water line and maintain a minimum 6- inch separation distance. 3.02 PIPE INSTALLATION OTHER THAN OPEN -CUT A. For installation of pipe by augering , jacking, or tunneling, conform to requirements of specification section. of augering or tunneling work. 3.03 HYDROSTATIC TESTING A. After the pipe and appurtenance have been installed, test line and drain. Prevent damage to the Work or adjacent areas. Use clean water to perform tests. B. ENGINEER may direct tests of relatively short sections of completed lines to minimize traffic problems or potential public hazards. C. Test pipe in the presence of ENGINEER. D. Test pipe at 150 psig or 1.5 times design pressure of the pipe, whichever is greater. Design pressure of the force main shall be the rated total dynamic head of the lift station pump. E. Test pipe at the required pressure for a minimum of 2 hours according to requirements of Uni-B-3. F. Maximum allowable leakage shall be as calculated by the following formula: L = (S) (D) (P°5) / 133,200 Where: L = Leakage in gallons per hour. S Length of pipe in feet. D Inside diameter of pipe in inches. P = Pressure in pounds per square inch. G. Correct defects, cracks, or leakage by replacement of defective items or by repairs as approved by ENGINEER. H. Plug openings in the force main after testing and flushing. Use cast iron plugs or blind flanges to prevent debris from entering the tested pipeline. 3.04 PIGGING TEST A. After completion of hydrostatic testing and prior to final acceptance, test force mains longer than 200 feet by pigging to ensure piping is free of obstructions. B. Pigs: Provide proving pigs manufactured of an open -cell polyurethane foam body, without any coating or abrasives which would scratch or otherwise damage interior pipe wall surface or lining. Pigs shall be able to pass through reductions of up to 65 percent of the nominal cross -sectional area of the pipe. Pigs shall be able to pass through standard fittings such as 45-degree and 90-degree elbows, crosses, tees, wyes, gate valves, or plug valves as applicable to the force main being tested. 02/07/02 McHard Road Waterline from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02532 SANITARY FORCE MAINS Page 5 C. Test Execution: Pigging test shall be conducted in the presence of the ENGINEER. Provide at least 48- hours notice of scheduled pigging of the force main prior to commencing the test. * * * END OF SECTION * * * 02/07/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 1 PART1 GENERAL 1.01 SECTION INCLUDES A. Acceptance testing of sanitary sewers including: 1. Visual inspection of sewer pipes 2. Leakage testing of sewer pipes. B. All tests listed in this Section are not necessarily required on this Project. Required tests are named in other Sections which refer to this Section for testing criteria and procedures 1.02 MEASUREMENT AND PAYMENT A. No separate payment for work performed under this Section Include all costs in applicable bid items. B. Refer to Section 01270 — Measurement and Payment for unit price procedures. 1.03 REFERENCES A. ASTM C 828 - Standard Test Method for Low Pressure Air Test of Vitrified Clay Pipe Lines. B. ASTM C 924 - Standard Practice for Testing Concrete Pipe Sewer Lines by Low -Pressure Air Test Method. C. ASTM D 3034 - Standard Specification for Type PSM Polyethylene (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. D. ASTM F 794 Specification for Polyvinyl Chloride Large -Diameter Ribbed Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. E. ASTM F 1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low Pressure Air. F. 30 TAC 317.2 - Design Criteria for Sewage Systems. G. Uni-Bell UNI-B-3 Polyvinyl Chloride (PVC) Pressure Pipe (Complying with AWWA C 900). 1.04 PERFORMANCE REQUIREMENTS A. Gravity flow sanitary sewers are required to have a straight alignment and uniform grade between manholes. Maximum allowable leakage for Infiltration or Exfiltration 1. The total exfiltration as determined by a hydrostatic head test, shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours at a minimum test head of 2 feet above the crown of the pipe at the upstream manhole or 2 feet above the groundwater elevation, whichever is greater. 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 2 2. When pipes are installed more than 2 feet below the groundwater level, an infiltration test shall be used in lieu of the exfiltration test. The total infiltration shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours. Groundwater elevation must be at least 2 feet above the crown of the pipe at the upstream manhole. 3. Refer to Table 02533-1, Water Test Allowable Leakage, at the end of the Section, for measuring leakage in sewers. Perform leakage testing to verify that leakage criteria are met. D. Perform air testing in accordance with requirements of this Section and the Texas Natural Resources Conservation Commission requirements. Refer to Table 02533-2, Time Allowed For Pressure Loss, at the end of this Section. 1.05 SUBMITTALS A. Conform to requirements of Section 01330 — Submittals. B. Test Plan: Before testing begins and in adequate time to obtain approval through the submittal process, prepare and submit a test plan for approval by the ENGINEER. Include testing procedures, methods, equipment, and tentative schedule. Obtain advance written approval for deviations from the Drawings and Specifications. C. Test Reports: Submit test reports for each test on each segment of sanitary sewer. 1.06 GRAVITY SANITARY SEWER QUALITY ASSURANCE A. Repair, correct, and retest manholes or sections of pipe which fail to meet specified requirements when tested. B. Provide testing reports and video tape of television inspection as directed by the ENGINEER. C. Upon completion of tape reviews by the ENGINEER, CONTRACTOR will be notified regarding final acceptance of the sewer segment. 1.07 SEQUENCING AND SCHEDULING A. Perform testing as work progresses. Schedule testing so that no more than 1000 linear feet of installed sewer remains untested at any one time. Coordinate testing schedules with the ENGINEER. Perform testing under observation of the ENGINEER. PART2 PRODUCTS 2.01 EXFILTRATION TEST A. Water Meter: Obtain a transient water meter from the OWNER for use when water for testing will be taken from the OWNER system. Conform to OWNER requirements for water meter use. 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 3 B. Test Equipment: 1. Pipe plugs. 2. Pipe risers where the manhole cone is less than 2 feet above highest point in pipe or service lead. 2.02 INFILTRATION TEST A. Test Equipment: 1. Calibrated 90 degree V-notch weir. 2. Pipe plugs. 2.03 LOW PRESSURE AIR TEST A. Minimum Requirement for Equipment: 1 Control panel 2 Low-pressure air supply connected to control panel. 3 Pneumatic plugs: Acceptable size for diameter of pipe to be tested, capable of withstanding internal test pressure without leaking or requiring external bracing 4. Air hoses from control panel to: a. Air supply. b. Pneumatic plugs. c. Sealed line for pressuring. d. Sealed line for monitoring internal pressure. B. Testing Pneumatic Plugs: Place a pneumatic plug in each end of a length of pipe on the ground. Pressurize plugs to 25 psig then pressurize sealed pipe to 5 psig. Plugs are acceptable if they remain in place against the test pressure without external aids. 2.04 GROUND WATER DETERMINATION A. Equipment: Pipe probe or small diameter casing for ground water elevation determination. 2.05 SMOKE TESTING A. Equipment: 1. Pneumatic plugs. 2. Smoke generator as supplied by Superior Signal Company, or an approved equal. 3. Blowers producing 2500 scfm minimum. PART3 EXECUTION 3.01 PREPARATION A. Provide labor, equipment, tools, test plugs, risers, air compressor, air hose, pressure meters, pipe probe, calibrated weirs, or any other device necessary for proper testing and inspection. 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 4 B. The selection of test methods and pressures for gravity sanitary sewers shall be determined based on ground water elevation. Determine ground water elevation using equipment and procedures conforming to Section 01578 - Control of Ground Water and Surface Water. 3.02 VISUAL INSPECTION OF GRAVITY SANITARY SEWERS A. Check pipe alignment visually by flashing a light between structures. Verify if alignment is true and no pipes are misplaced. In case of misalignment or damaged pipe, remove and re -lay or replace pipe segment. 3.03 LEAKAGE TESTING FOR GRAVITY SANITARY SEWERS A. Test Options: 1. Test gravity sanitary sewer pipes for leakage by either exfiltration or infiltration methods, as appropriate, or with low pressure air testing. 2. Test new or rehabilitated sanitary sewer manholes with water or low pressure air. Manholes tested with low pressure air shall undergo a physical inspection prior to testing. 3. Leakage testing shall be performed after backfilling of a line segment, and prior to tie-in of service connections 4. If no installed piezometer is within 500 feet of the sewer segment, CONTRACTOR shall provide a temporary piezometer for this purpose. B. Compensating for Ground Water Pressure: 1. Where ground water exists, install a pipe nipple at the same time sewer line is placed. Use a 1/2-inch capped pipe nipple approximately 10 inches long. Make the installation through manhole wall on top of the sewer line where line enters manhole. 2. Immediately before performing line acceptance test, remove cap, clear pipe nipple with air pressure, and connect a clear plastic tube to nipple Support tube vertically and allow water to rise in the tube. After water stops rising, measure height in feet of water over invert of the pipe. Divide this height by 2.3 feet/psi to determine the ground water pressure to be used in line testing. C. Exfiltration test: 1. Determine ground water elevation. 2. Plug sewer in downstream manhole. 3. Plug incoming pipes in upstream manhole. 4. Install riser pipe in outgoing pipe of upstream manhole if highest point in service lead (house service) is less than 2 feet below bottom of manhole cone. 5. Fill sewer pipe and manhole or pipe riser, if used, with water to a point 2-1/2 feet above highest point in sewer pipe, house lead, or ground water table, whichever is highest. 6. Allow water to stabilize for one to two hours. Take water level reading to determine drop of water surface, in inches, over a one -hour period, and calculate water loss (1 inch of water in 4 feet diameter manhole equals 8.22 gallons) or measure the quantity of water required to keep water at same level. Loss shall not exceed that calculated from allowable leakage according to Table 02533-1 at the end of this Section. D. Infiltration test: Ground water elevation must be not less than 2.0 feet above highest point of sewer pipe or service lead (house service). 1. Determine ground water elevation. 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 5 2. Plug incoming pipes in upstream manhole. 3. Insert calibrated 90 degree V-notch weir in pipe on downstream manhole. 4. Allow water to rise and flow over weir until it stabilizes 5. Take five readings of accumulated volume over a period of 2 hours and use average for infiltration. The average must not exceed that calculated for 2 hours from allowable leakage according to the Table 02533-1 at the end of this section. E. Low Air Pressure Test: When using this test conform to ASTM C 828, ASTM C 924, or ASTM F 1417, as applicable, with holding time not less than that listed in Table 02533-2 at the end of this section. 1. Air testing for sections of pipe shall be limited to lines greater than 36-inch average inside diameter. 2. Lines with larger than 36-inch average inside diameter and larger shall be tested at each joint. The minimum time allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch during a joint test shall be 10 seconds, regardless of pipe size 3. For pipe sections less than or equal to 36-inch average inside diameter: a. Determine ground water level. b. Plug both ends of pipe. For concrete pipe, flood pipe and allow 2 hours to saturate concrete Then drain and plug concrete pipe. c. After a manhole -to -manhole section of sanitary sewer main has been installed or rehabilitated and prior to any service lines being connected to new sewer, plug sewer at each manhole with pneumatic plugs. d. Pressurize pipe to 4.0 psig Increase pressure 1.0 psi for each 2.3 feet of ground water over highest point in system. Allow pressure to stabilize for 2 to 4 minutes. Adjust pressure to start at 3.5 psig (plus adjustment for ground water table). See Table 02533-2 at the end of this Section e. To determine air loss, measure the time interval for pressure to drop to 2.5 psig. The time must exceed that listed in the Table 02533-2 at the end of this Section for pipe diameter and length. For sliplining use diameter of carrier pipe. F. Retest: Any section of pipe which fails to meet requirements shall be repaired and retested. 3.04 TEST CRITERIA TABLES A. Exfiltration and Infiltration Water Tests: Refer to Table 02533-1, Water Test Allowable Leakage, at the end of this Section Low Pressure Air Test 1. Times in Table 02533-2, Time Allowed For Pressure Loss, at the end of this Section, are based on the equation from Texas Natural Resources and Conservation Commission (TNRCC) Design Criteria 317.2(a)(4)(B). T = 0.0850(D)(K)/(Q) where: T = time for pressure to drop 1.0 pounds per square inch gauge in seconds K = 0.000419 DL, but not less than 1.0 D = average inside pipe diameter, in inches L = length of line of same pipe size being tested, in feet Q rate of loss, 0.0015 ft3/min./sq. ft. internal surface shall be used 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 6 2. Since a K value of less than 1.0 shall not be used, there are minimum testing times for each pipe diameter as given in Table 02533-2, Minimum Testing Times for Low Pressure Air Test. Notes: 1. When two sizes of pipe are involved, the time shall be computed by the ratio of lengths Involved 2. Lines with a 27-inch average inside diameter and larger may be air tested at each joint. 3. Lines with an average inside diameter greater than 36 inches must be air tested for leakage at each joint. 4. If the joint test is used, a visual inspection of the joint shall be performed immediately after testing. 5. For joint test, the pipe is to be pressurized to 3.5 psi greater than the pressure exerted by groundwater above the pipe. Once the pressure has stabilized, the minimum times allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch gauge shall be 10 seconds. Table 02533-1 WATER TEST ALLOWABLE LEAKAGE DIAMETER OF (INCHES) RISER OR STACK VOLUME PER INCH OF DEPTH ALLOWANCE FOR LEAKAGE* INCH GALLONS PIPE SIZE IN INCHES GALLONS/MINUTE 100 PER FT. 0.0039 1 0.7854 .0034 6 2 3.1416 .0136 8 0.0053 2.5 4.9087 .0212 13 0.0066 3 7.0686 .0306 12 0.0079 4 12.5664 .0306 15 0.0099 5 19.6350 .0544 18 0.0118 6 28.2743 .1224 21 0.0138 8 50 2655 .2176 24 0.0158 27 0.0177 30 0.0197 36 0.0237 42 0.0276 For other diameters, multiply square of diameters by value for 1" Equivalent to 50 gallons per inch of inside diameter. diameter per mile per 24 hours. * Allowable leakage rate shall be reduced to 10 gallons per inch of inside diameter per mile per 24 hours, when sewer is identified as located within the 25-year flood plain. 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road Section 02533 City of Pearland ACCEPTANCE TESTING FOR SANITARY SEWERS Klotz Associates Project No. 21812 Page 7 Table 02533-2 TIME ALLOWED FOR PRESSURE LOSS Diam. Pipe (in) (min:sec) Min. Time Length for Time Min. (ft) Length for (sec) Specification Time for Length (L) Shown (min:sec) Time Longer 100 ft 200 ft 300 ft 400 ft 500 ft 600 ft 6 5:40 398 0.855 x (L) 5:40 5:40 5:40 5 42 7:07 8:33 8 7:33 298 1.520 x (L) 7:33 7:33 7:36 10:08 12:40 15 12 10 9:27 239 2.374 x (L) 9:27 9:27 11:52 15:50 19:47 23 45 12 11:20 199 3.419 x (L) 11:20 11:20 17:06 22:48 28:30 34 11 15 14:10 159 5.342 x (L) 14:10 17:48 26:43 35:37 44:31 53 25 18 17:00 133 7.693 x (L) 17:00 25:39 38.28 51:17 64:06 76 56 21 19:50 114 10.471 x (L) 19:50 34:54 52:21 69:48 87:15 104:42 24 22:40 99 13.676 x (L) 22:48 45:35 68:23 91;10 113:58 136:46 27 25:30 88 17.309 x (L) 28:51 57:42 86:33 115.24 144:14 173:05 30 28:20 80 21.369 x (L) 35:37 71:14 106:51 142:28 178:05 213:41 33 31:10 72 25.856 x (L) 43:06 86:11 129:17 172:23 215:28 258:34 36 34:00 66 30.771 x (L) 51:18 102:36 153:54 205:06 256:24 307:42 *** END OF SECTION *** 02/28/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02921 HYDRO -MULCH SEEDING Page 1 PART 1 GENERAL 1.01 SECTION INCLUDES A. Seeding, fertilizing, mulching, and maintenance of areas indicated on Drawings. 1.02 SUBMITTALS A. Submittals shall conform to requirements of Section 01330 - Submittals. B. Submit certification from supplier that each type of seed conforms to these specifications and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C. Submit a certificate stating that fertilizer complies with these specifications and the requirements of the Texas Fertilizer Law. PART 2 PRODUCTS 2.01 MATERIALS A. Seed: Conform to U.S. Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lollium multi-florum), mixed in labeled proportions. As tested minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra -fancy, treated Lawn type common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight, analysis, name of vendor, and germination test results. 3. Wet moldy, or otherwise damaged seed will not be accepted. 4. Seed requirements, application rates, and planting dates are: APPLICATION RATE POUNDS/A PLANTING DATE TYPE Hulled Common Bermuda Grass 98/88 40 Jan 1 to Mar 31 Unhulled Common Bermuda Grass 98/88 40 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Unhulled Common Bermuda Grass 98/88 40 Annual Rye Grass (Gulf) 30 C. Fertilizer: Dry and free flowing, inorganic, water-soluble commercial fertilizer, which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked, damaged, or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: 02/13/02 McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Section 02921 HYDRO -MULCH SEEDING Page 2 1. Nitrogen: 10 Percent 2. Phosphoric Acid: 20 Percent 3. Potash: 10 Percent D. Mulch: 1. Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches in length and 0.01 inches in diameter. 2. Cellulose fibers manufactured from recycled newspaper and meeting the same fiber content and size as for cellulose fibers from wood chips. 3. Mulch shall be dyed green for coverage verification purposes. E. Soil Stabilizer: "Terra Tack 1" or approved equal. F. Weed control agent: Pre -emergent herbicide for grass areas, such as "Benefin," or approved equal. PART 3 EXECUTION 3.01 PREPARATION A. Dispose of objectionable and waste materials in accordance with Section 01410 — Protection of Environment. 3.02 APPLICATION A. Seed: Apply uniformly at rates given in Paragraph 2.01 B for type of seed and planting date. B. Fertilizer: Apply uniformly at a rate of 500 pounds per acre. C. Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D. Soil Stabilizer: Apply uniformly at a rate of 40 pounds per acre. E. Weed Control Agent: Apply at manufacturer's recommended rate prior to hydromulching. F. Suspend operations under conditions of drought, excessive moisture, high winds, or extreme or prolonged cold. 3.03 MAINTENANCE Maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. For ateas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. B. Maintain grassed areas by watering, fertilizing, weeding, and trimming. C. Repair areas damaged by erosion by regrading, rolling and replanting. ***END OF SECTION*** 02/13/02 APPENDICES APPENDIX A REQUEST FOR INFORMATION McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Appendix A REQUEST FOR INFORMATION Pagel Contractor: Clarification Request No.: Attn: Date: This is a request for a clarification/interpretation on the following: Prepared By: Date Response Needed: Response: Response Prepared By: Response Returned to Contractor On: cc: Owner Klotz Associates Std, 0601 APPENDIX B WORKER'S COMPENSATION NOTICE McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 Appendix B WORKER'S COMPENSATION NOTICE Page 1 REQUIRED WORKERS' COMPENSATION COVERAGE "The Law required that each person working on this side or pi ovidmg services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive further information on the legal i equipment for coverage, to verify whether your employer has provided the iequired coverage, or to report an employer's failure to pi ovide coverage." NTS: POST AT JOB SITE Klotz Associates Std, 06/01 APPENDIX C CHANGE ORDER FORM McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 CHANGE ORDER NO. Appendix C CHANGE ORDER FORM Page 1 Contractor Date Description: 1. Reasons for Change Order: 1. CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final Completion Completion Original: $ Original: Previous C.O.s (Add): $ Previous C.O.s (ADD): This C.O (Deduct): $ This C.O. (ADD): Contract Price with all REVISED: appi oved Change Orders: $ Original Completion Date: Revised Completion Date: The Contractor agrees that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: Engineer (Authorized Signature) Date APPROVED: By: Owner (Authorized Signature) Date ACCEPTED: By: Contractor (Authorized Signature) Date Klotz Associates Std 06/01 02/06/02 APPENDIX D REQUEST FOR PAYMENT McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 For Period From Appendix D REQUEST FOR PAYMENT Page 1 To Estimate No. Date of Request: Current Contract Completion Date: Current Amount of Contract: TOTAL AMOUNT WORK DONE TO DATE: $ Less Amount Retained: ( ) Less Previous Payments: ( ) AMOUNT DUE CONTRACTOR: $ CERTIFICATE OF THE CONTRACTOR OR HIS DULY AUTHORIZED REPRESENTATIVE To the best of my knowledge, I certify that all times quantities and prices of work and materials shown on the face of this estimate are correct; that all work has been performed and materials supplied in full accordance with the terms and conditions of the corresponding construction contractual documents between the Owner and the Contractor, including all changes authorized thereto; that the foregoing is a true and con ect statement of the contract amount up to and including the last day of the period covered by this estimate and that no part of the "AMOUNT DUE CONTRACTOR" has been received I further certify that all just and lawful bills against the below named Contractor, for labor, material and expendable equipment employed in the perfoi mance of said contract have been paid in full accordance with the Contract requirements. NAME OF CONTRACTOR: DATE: BY: TITLE: CERTIFICATE OF ENGINEER'S REPRESENTATIVE I certify that a qualified project representative was present on the project on a continual basis to observe construction and that all materials and work included in this statement have been performed in general accordance with the construction plans and specifications and authorized changes thereto. I further certify that I have verified this estimate and that, to the best of my knowledge and belief, it is a true and correct statement of work performed and materials supplied by the Contractor that the amount due him is correct and just PROJECT MANAGER: DATE: OWNERS ACCEPTANCE: DATE: Klotz Associates Std, 06/01 APPENDIX E PARTIAL/FINAL WAIVER OF LIEN McHard Road Water Line from State Highway 35 to Old Alvin Road City of Pearland Klotz Associates Project No. 21812 THE STATE OF TEXAS COUNTY OF Appendix E PARTIAL/FINAL WAIVER OF LIEN Page 1 The undersigned contracted with to furnish in connection with certain improvements to real property located in County, Texas, and owned by which improvements are described as follows: In consideration of Pay Estimate No. in the amount of DOLLARS ($ ) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed the undersigned does hereby waive and release any mechanics' lien or materialmen's lien or claims of hen that the undersigned has or hereafter has on the above -mentioned real property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished by the undersigned pursuant to the above -mentioned contract or any con- stitutional lien that the undersigned may have. Undersigned hereby guarantees that all bids for labor performed and/or materials furnished in the erection and construction of such improvements on the Property have been fully paid and satisfied and Undersigned does further guarantee that if for any reason a lien or hens are filed for material or labor against said Property arising out of any bills for material or labor in connection with the erection or construction of said improvements thereon, Undersigned will obtain a settlement of such lien or liens and a proper release thereof shall be obtained. SWORN TO AND SUBSCRIBED BEFORE ME, on this the my hand and seal of office. My Commission Expires: CONTRACTOR By: TITLE day of _, 20 , to certify which witness NOTARY PUBLIC in and for the State of Texas Klotz Associates Std, 06/01 1