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Home My WebLink AboutPR 22373: SABINE PASS PIPEBURSTING CONTRACT City of Vo> c-� rthu.-rt Texas INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT-ADMINISTRATION Date: February 4, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: Proposed Resolution No. 22373 —Sabine Pass Pipebursting Contract Introduction: The wastewater collection system in Sabine Pass is in need of rehabilitation. The intent of Proposed Resolution No. 22373 is to seek Council's authorization for the execution of a contract with Horseshoe Construction, Inc. of La Porte, Texas for the pipebursting of the sanitary sewer mains in Sabine Pass to fulfill the obligations of the Texas Commission on Environmental Quality (TCEQ) order that the City is under, to replace 2,000 linear feet of sanitary sewer pipe a year with related appurtenances. The lowest bid has a total projected budgetary impact of$315,200.00. Back round: The wastewater collection system in Sabine Pass is in need of rehabilitation and the Water Utilities Department wishes to enter into a contract for the pipebursting of the sanitary sewer mains in Sabine Pass to fulfill the obligations of the TCEQ order that the City is under, to replace 2,000 linear feet of sanitary sewer pipe a year with related appurtenances. Budget Considerations: This project will be funded through Water Utilities Capital Improvement Fund and charged to Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON. Recommendation: I recommend that City Council approve Proposed Resolution No. 22373 authorizing the execution of a contract with Horseshoe Construction, Inc. of La Porte, Texas as described/outlined above. PR No. 22373 2/4/22 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION, INC. OF LA PORTE, TEXAS, FOR THE PIPEBURSTING OF THE SANITARY SEWER MAINS IN SABINE PASS, TEXAS WITH A TOTAL PROJECTED BUDGETARY AMOUNT OF $315,200.00; FUNDING AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.WS-0006-CON. WHEREAS, the wastewater collection system in Sabine Pass is in need of rehabilitation and to fulfill the obligations of the Texas Commission on Environmental Quality (TCEQ) order that the City is under, to replace 2,000 linear feet of sanitary sewer pipe a year with related appurtenances; and, WHEREAS, the Purchasing Division of the Finance Department advertised for bids in the Port Arthur News on January 5, 2022 and January 12, 2022 with two bids being received on January 22, 2022; and, WHEREAS,the lowest responsive bid was submitted by Horseshoe Construction, Inc. of La Porte, Texas (bid tabulation with descriptions of items attached hereto as Attachment "A"); and, WHEREAS, the Purchasing Division of the Finance Department reviewed the bids and the award of the contract to the lowest and most responsive bidder Horseshoe Construction, Inc. of La Porte, Texas. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to PR No. 22373 2/4/22 bw Page 2 of 3 execute a contract with Horseshoe Construction, Inc. of La Porte, Texas in substantially the same form attached hereto as Attachment "B", for the pipebursting of the sanitary sewer mains in Sabine Pass, Texas with a total projected budgetary amount of$315,200.00; and, THAT, said funding for this contract is being provided through Water Utilities Capital Improvement Fund 405-40-000-8516-00-00-000, Project No. WS-0006-CON; and, THAT, such funds shall be used only to make payments as required under this contract; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED THIS day of , 2022 at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor ; Councilmembers ; NOES: Thurman"Bill" Bartie Mayor ATTEST: APPROVED AS TO FORM: Cs� 141tY1,12 ) Sherri Bellard Valecia Tizeno City Secretary City Attorney PR No. 22373 2/4/22 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: APPROVED FOR FUNDING: d+'<c \ Ronald Burton Kandy Danie City Manager Interim Director of Finance &A/4d LItta,_ Calvin Matthews, P.E. Clifto Williams, CPPB Water Utilities Director Purchasing Manager ATTACHMENT A (BID TABULATION WITH DESCRIPTIONS OF ITEMS) BID TABULATION SANITARY SEWER REHABILITATION OF SABINE PASS BID OPENING DATE:Thursday January 22,2022 @ 3:15 PM The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By: cr Dr.Hani Tohme,Golden Triangle Consulting Engineers Date:2/4/22 Horseshoe Construction,Inc. SETEX Construction Corp. ITEM NUMBER QUANTITY DESCRIPTION La Porte,Texas Beaumont,Texas James Holt Nathan Rivers UNIT PRICE TOTAL UNIT PRICE TOTAL Mobilization costs,including payment bond, performance bond,insurance,moving equipment to ITEM NO. 1 1 project,and project sign,all in strict accordance $ 10,000.00 $ 10,000.00 $ 19,249.40 $ 19,249.40 with the plans and specifications; NOT TO EXCEED 4%of total project cost,for Rehabilitate 6"diameter sanitary sewer by pipe bursting using 8"SDR-17 HDPE,complete in place, ITEM NO.2 1,638 all depths,including liner pipe,connection to $ 65.00 $ 106,470.00 $ 90.00 $ 147,420.00 manholes,surface restoration,testing and necessary appurtenances,all in strict accordance with plans and specifications for Rehabilitate 8"diameter sanitary sewer by pipe bursting using 10"SDR-17 HDPE,complete in ITEM NO.3 817 place,all depths.including liner pipe,connection to $ 85.00 $ 69,445.00 $ 120.00 $ 98,040.00 manholes,surface restoration,testing and necessary appurtenances,all in strict accordance with plans and specifications for Single 4"sanitary sewer service tap(Near Side)on proposed sanitary sewer complete in place ITEM NO.4 17 including tapping saddle,embedment,excavation, $ 1,000.00 $ 17,000.00 $ 1,225.00 $ 20,825.00 backfill,surface restoration and testing all in strict accordance with the plans and specifications for Single 4"sanitary sewer service tap(Far Side)on proposed sanitary sewer complete in place ITEM NO.5 16 including tapping saddle,embedment,excavation, $ 1,500.00 $ 24,000.00 $ 1,850.00 $ 29,600.00 backfill,surface restoration and testing all in strict accordance with the plans and specifications for 4"sanitary sewer service cleanout,complete in place,including concrete cleanout box,excavation, ITEM NO.6 33 backfill,surface restoration,installed at easement, $ 500.00 $ 16,500.00 $ 1,125.00 $ 37,125.00 all in strict accordance with the plans and specifications for Pre-Installation TV Inspection including all labor, ITEM NO.7 2,455 materials and equipment,all in strict accordance $ 5.00 $ 12,275.00 $ 7.50 $ 18,412.50 with the plans and specifications for Post-Installation TV Inspection including all labor, ITEM NO.8 2,455 materials and equipment,all in strict accordance $ 2.00 $ 4,910.00 $ 7.50 $ 18,412.50 with the plans and specifications for By-Pass pumping setup,furnishing all labor,tools, equipment,and incidentals necessary to complete ITEM NO.9 4 the work,including pumps and temporary piping,all $ 75.00 $ 300.00 $ 10,400.00 $ 41,600.00 in accordance with the plans and specifications for By-Pass pumping,furnishing all labor,tools, equipment,and incidentals necessary to complete ITEM NO.10 20 the work.Including pumps and temporary piping,all $ 25.00 $ 500.00 $ 140.00 $ 2,800.00 in accordance with the plans and specifications for Furnish and Install Reinforced Concrete Sanitary Sewer Manhole(3'to 7'deep)complete in place, including excavation,cement stabilized sand ITEM NO.11 2 backfill,compaction,surface restoration,C.I. Ring $ 6,500.00 $ 13,000.00 $ 8,000.00 $ 16,000.00 and cover,and stainless steel rainstopper,water- tight connection of existing and proposed sanitary sewer lines,and testing,all in strict accordance with the plans and specifications for Remove and Replace Sanitary Sewer Manhole(3' to 8'deep),complete in place,with new reinforced concrete manhole,including excavation,cement stabilized sand backfill,compaction,surface ITEM NO. 12 6 restoration,C.I.Ring and cover,and stainless steel $ 6,800.00 $ 40,800.00 $ 8,500.00 $ 51,000.00 rainstopper,water-tight connection of existing and proposed sanitary sewer lines,and testing,all in strict accordance with the plans and specifications for TOTAL $315,200.00 $500,484.40 ATTACHMENT B (HORSESHOE CONSTRUCTION CONTRACT) TO BE PRESENTED AT OR BEFORE THE CITY COUNCIL MEETING '\l ort rthu�i I r cat BID PROPOSAL, CONTRACT DOCUMENTS, AND TECHINICAL SPECIFICATIONS FOR CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM REHA3ILITATIOY SABINE PASS CONTRACT #1 THURMAN BILL BARTIE,MAYOR RONALD BURTON DONALD FRANK,SR.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC INCRID HOLMES CITY SECRETARY CAL JONES o r t r t ft r[r THOMAS KINLAW,III. Texas VAL TIZENO KENNETH MARKS CITY ATTORNEY CHARLOTTE MOSES January 11,2022 INVITATION TO BID SANITARY SEWER SYSTEM REHABILITATION IN SABINE PASS - CONTRACT#1 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, January 26, 2022. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, January 26, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P22-021 DELIVERY ADDRESS: Please submit one (1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O. Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager MANDATORY PRE-BID CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur,Texas and prospective bidders for Sanitary Sewer System Rehabilitation in Sabine Pass - Contract #1 on January 14, 2022 at 10:00 a.m. at City Hall Council Chambers located 444 4th Street, Port Arthur,Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood,to answer any questions,to clarify the intent of the Contract Documents,and to resolve any problems that may affect the project construction.No addendum will be issued at this meeting, but subsequent thereto,the Purchasing Manager, if necessary,will issue an addendum(s)to clarify the intent of the Contract Documents. Contents Number of Pages TABLE OF CONTENTS Error! Bookmark not defined. ADVERTISEMENT AND INVITATION OF BIDS Error! Bookmark not defined. INSTRUCTION TO BIDDERS FORCONSTRUCTION 4 BID PROPOSAL 10 BID FORM TABLE OF ARTICLES 11 STANDARD FORM OF AGREEMENT (CONTRACT) 8 BID BOND 1 BONDING COMPANY INFORMATION 2 STATEMENT OF BIDDER'S QUALIFICATIONS 3 PERFORMANCE AND PAYMENT BONDS 4 INSURANCE CERTIFICATES 7 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 SUPPLEMENTARY CONDITIONS 1 GENERAL CONDITIONS - PART IFOR CONSTRUCTION 7 WAGE RATE DETERMINATION 8 ATTORNEY'S REVIEW CERTIFICATION 9 SCOPE OF WORK 10 TECHNICAL SPECIFICATIONS 3 Item 98—Abandonment or Removal of Old Structures 98-1 thru 98-3 Item 110—Existing Utilities 1 10-I Item 200—Structural Concrete 200-lthru 200-10 Item 201 — Reinforcement Steel 201-lthru 201-5 Item 400—Underground Piping Construction 400-Ithru 400-12 Item 405—Pipe Bursting/Crushing 405-1 thru 405-7 Item 410—Sewer Line Cleaning 410-1 thru 410-2 Item 411 —Sewer Flow Control 411-1 Item 429—Manholes,Junction Boxes,and Wet Wells 429-1 thru 429-4 Item 450—Testing Sanitary Sewer Lines 450-1 thru 450-6 [tern 508—High Density Polyethylene Pipe 508-1 thru 508-2 [tern 511 —PVC Pipe Schedule 40 Service Pipe 511-1 Item 2010—Trench Safety Systems 2010-1 thru 2010-2 Item 4003 —Television Inspection 4003-1 thru 4003-3 CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, January 26,2022 and all bids received will thereafter be opened and read aloud at 3:15 p.m.,on Wednesday,January 26, Z022 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: SANITARY SEWER SYSTEM REHABILITATION IN SABINE PASS - CONTRACT#1 Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at vvww.portarthurtx.gov/bids.aspx or www.publicpurchase.com. MANDATORY PRE-BID MEETING IS SCHEDULED FOR FRIDAY, JANUARY 14, 2022 AT 10:00 A.M. AT CITY HALL 5th FLOOR COUNCIL CHAMBGERS LOCATED AT 444 4TH STREET PORT ARTHUR, TEXAS Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager FIRST PUBLICATION: JANUARY 5,2022 SECOND PUBLICATION: JANUARY 12,2022 INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall told the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the sight to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline.Any interlineations,alteration,or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB,the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair,competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. VIINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively iemonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole ssuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no -esponsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit my addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that night have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its arincipal place of business must have an official business address (office location and office personnel) in Port Arthur, the Principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors Juts ide the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur. Attn.: Parks & Recreation, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish -eleases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub- -;ontractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his Fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor :o perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless Dtherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the Policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the 2ity of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like Form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution )f this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended ly mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. BID PROPOSAL BID FORM TABLE OF ARTICLES Page Article 1 —Bid Recipient 2 Article 2—Bidder's Acknowledgements 2 Article 3—Bidder's Representations 2 Article 4—Further Representations 3 Article 5—Basis of Bid 3 Article 6—Time of Completion 7 Article 7—Attachments to This Bid 7 Article 8—Defined Terms 7 Article 9—Bid Submittal 7 ARTICLE 1—BID RECIPIENT THIS BID IS SUBMITTED TO: City of Port Arthur 444 41h Street Port Arthur,Texas 77640 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents forthe prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid security.This Bid will remain subject to acceptance for 60 days after the Bid opening,or forsuch longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of which is hereby acknowledged. Addendum No. Addendum Date Addendum No. 1 01/22/2022 N/A N/A N/A N/A B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all:(1)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 SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. F. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations,investigations,explorations,tests,studies and data concerning conditions(surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder,including applying the specific means,methods,techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s)bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder 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 Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents, and all additional examinations,investigations, explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ARTICLE 4—FURTHER REPRESENTATIONS 4.0 I Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,association,organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding;and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ARTICLE 5—BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities,determined as provided in the Contract Documents. • BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM REHABILITATION SABINE PASS CONTRACT#1 Item Qty. Unit Description Unit Price Total Price BASE BID 1. 1 LS Mobilization costs, including payment bond, performance bond, insurance, moving equipment to project, and project sign, all in strict accordance with the plans and specifications; NOT TO EXCEED 4%of total project cost,for Ten Thousand DOLLARS No CENTS $ 10,000.00 $10,000.00 Lump Sum 2. 1,638 LF Rehabilitate 6"diameter sanitary sewer by pipe bursting using 8" SDR-17 HDPE, complete in place, all depths, including liner pipe, connection to manholes, surface restoration,testing and necessary appurtenances, all in strict accordance with plans and specifications for Sixty-Five DOLLARS No CENTS $ 65.00 $106,470.00 Per Linear Foot 3. 817 LF Rehabilitate 8" diameter sanitary sewer by pipe bursting using 10" SDR-17 HDPE, complete in place, all depths, including liner pipe, connection to manholes, surface restoration,testing and necessary appurtenances, all in strict accordance with plans and specifications for Eighty-Five DOLLARS No CENTS $85.00 $ 69,445.00 Per Linear Foot 4. 17 F,A Single 4" sanitary sewer service tap (Near Side) on proposed sanitary sewer complete in place including tapping saddle,embedment, excavation, backfill,surface restoration and testing all in strict accordance with the plans and spear rations for One Thousand DOLLARS No CENTS $1,000.00 $17,000.00 Per Each *Do Not extend unit prices or total out bid items. Show unit and lump sum prices in words and figures only. In case of discrepancy, the amount shown in words will govern. All extensions and total prices will be calculated by Owner and/or Engineer. Bidder's calculated total bid amount is to be provided on accompanying"Bid Opening"Sheet. BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM REHABILITATION SABINE PASS CONTRACT#1 Item Qty. Unit Description Unit Price Total Price 5. 16 EA Single 4"sanitary sewer service tap(Far Side)on proposed sanitary sewer complete in place including tappingsaddle, embedment, excavation, backfill, surface restoration and testing all in strict accordance with the plans and specifications for One Thousand Five Hundred DOLLARS 24,000.00 No CENTS $1,500.00 S Per Each 6. 33 EA 4" sanitary sewer service cleanout, complete in place, including concrete cleanout box,excavation,backfill,surface restoration, installed at easement,all in strict accordance with the plans and specifications for Five Hundred DOLLARS 16,500.00 No CENTS $500.00 S * Per Each 7. 2,455 LF Pre-Installation TV Inspection including all labor,materials and equipment, all in strict accordance with the plans and specifications for • Five DOLLARS 12,275.00 No CENTS $5.00 $ * Per Linear Foot 8. 2,455 LF Post-Installation TV Inspection including all labor, materials and equipment, all in strict accordance with the plans and specifications for Two DOLLARS 4,910.00 • No CENTS $200_-_ $__ Per Linear Foot *Do Not extend unit prices or total out bid items.Show unit and lump sum prices in words and figures only.In case of discrepancy, the amount shown in words will govern. All extensions and total prices will be calculated by Owner and/or Engineer. Bidder's calculated total bid amount is to be provided on accompanying"Bid Opening"Sheet. BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM REHABILITATION SABINE PASS CONTRACT#1 Item Qty. Unit Description Unit Price Total Price 9. 4 EA By-Pass pumping setup, furnishing all labor, tools, equipment, and incidentals necessary to complete the work, including pumps and temporary piping,all in accordance with the plans and specifications for Seventy-Five DOLLARS 300.00 No CENTS $75.00 $ * Per Each 10. 20 HR By-Pass pumping,furnishing all labor,tools,equipment,and incidentals necessary to complete the work.Including pumps and temporary piping,all in accordance with the plans and specifications for Twenty-Five DOLLARS 500.00 No CENTS $25.00 $ * Per Hour 11. 2 EA Furnish and Install New Fiberglass Sanitary Sewer Manhole (3' to 7' deep) complete in place, including excavation, cement stabilized sand backfill, compaction, surface restoration, C.I. Ring and cover, and rainstopper, water-tight connection of existing and proposed sanitary sewer lines,and testing,all in strict accordance with the plans and specifications for Six Thousand Five Hundred DOLLARS 13,000.00 No CENTS $6,500.00 $ * Per Each 12. 6 EA Remove and Replace Sanitary Sewer manhole (3' to 8' deep) , complete in place, with new fiberglass manhole, including excavation, cement stabilized sand backfill, compaction, surface restoration, C.I. Ring and cover, and rainstopper,water-tight connection of existing-anti proposed--- sanitary sewer lines,and testing,all in strict accordance with the plans and specifications for Six Thousand Eight Hundred DOLLARS 40,800.00 No ='=ITS $6,800.00 $ Per Each *Do Not extend unit prices or total out bid items.Show unit and lump sum prices in words and figures only.In case of discrepancy, the amount shown in words will govern. All extensions and total prices will be calculated by Owner and/or Engineer. Bidder's calculated total bid amount is to be provided on accompanying"Bid Opening"Sheet. BID OPENING In the space provided below, please enter your total bid amount for this project. Only this figure will be read publicly by the owner at the public bid opening. It is understood and agreed by the bidder in signing the proposal that the total bid amount entered below is not binding on either the bidder or the owner. It is further agreed that the official total bid amount for this proposal will be determined by the Owner and/or Engineer by multiplyingthe unit bid prices for each pay item by the respective estimated quantities shown in this proposaland then totaling all of the extended amounts bid for all lump sum items. Project: City of Port Arthur,Texas SANITARY SEWER SYSTEM REHABILITATION SABINE PASS CONTRACT#1 Owner: City of Port Arthur 444 4th Street Port Arthur,Texas 77640 $315,200.00 Total Base Bid (Items 1-12) Horseshoe Construction, Inc. Name of Bidder STANDARD FORM OF AGREEMENT (CONTRACT) CONSTRUCTION CONTRACT THIS AGREEMENT made this this day April of 2022, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Horseshoe Construction Inc. herein acting by and through , Individual, firm, partnership or corporation hereinafter called "CONTRACTOR". WITNESSETH, that the Contractor and the City for the considerations stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment and services, including utility and transportation services, and perform and complete all work required for the construction of the Improvements embraced in the Project;namely, Sanitary Sewer System Rehabilitation Sabine Pass Contract #1, for the City of Port Arthur Texas project, all in strict accordance with the contract documents including all addenda thereto, numbered 1 dated January 22, 2022 ARTICLE 2. The Contract Price. The City will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the Bid for the not to exceed amount of$315,200. ARTICLE 3. The Contract. The executed contract documents shall consist of the following components: a. Agreement f. Bid b. Addenda g. Notice of Award c. Advertisement for Bid h.Notice to Proceed d. General Information i. Drawings (as listed in the Schedule of Drawings) e. Specification ARTICLE 4. Performance. The term of this Agreement shall be for 120 calendar days from the date stated on the Notice to Proceed, The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle within fifteen(15) days written notice. This Agreement, together with other documents enumerated in this ARTICLE 3, which said otherdocuments are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflictswith any provision of any other component part,the provision of the component part first enumerated in this ARTICLE 3 shall govern, except as otherwise specifically stated. IN WITNESS WHEREOF, the parties hereto have caused two original copies of this Agreement to be executed on the day and year first above written. Signed on this the day of , 2022. OWNER: CITY OF PORT ARTHUR By: Ron Burton City Manager P.O. Box 1089 Port Arthur, TX 77641-1089 Signed and agreed on the day of , 2022. CONTRACTOR: HORSESHOE CONSTRUCTION INC. By: Print Name: Print Title: c,n,f f -CITY OF PORT ARTHUR,TEXAS nrt rthur"'r_ ADDENDUM NO. ONE (1) 7has January 22,2022 BID FOR: SANITARY SEWER SYS I hM REHABILITATION IN SABINE PASS -CON TRACT#1 The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Friday, January 28,2022. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Friday,January 28,2022 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. 2. USE THE TOTALS FOR THE BID ITEMS NOT THE DRAWING. 3. BID BOND is 5%of Total Amount Bid. 4. ARTICLE 6 is 120 consecutive calendar days. 5. DELETE Articles 7-9 under the Bid Form Table of Articles Page. • 6. ATTACHED are forms to be returned with bid. a. Conflict of Interest b. House Bill 89 Verification c. Non-Collusion Affidavit d. Affidavit e. Chapter 2252 Certification If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli n Williams, CPPB Purchasing Manager A, January 24, 2022 Sign/ure of Proposer Date Horseshoe Construction, Inc. Company Vendor Name CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code.by a vendor who Date 47cely ad has a business relationship as defined by Section 176.001(1•a)with a local governmental entity and the vendor meets requirements under Section 178.006(a). By law this questiomaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. Sae Section 176.006(a.1),Local Government Code, A vendor commits an offense If the vendor knowingly violates Section 176.006,Local Government Code.An offense wider this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. James R. Holt Check thls box If you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. NONE Name of Officer ,J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and 8 for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment Income,from the vendor? nYes rxiNo B. Is the vendor receiving or likely to receive taxable income,other than Investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes rxi No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. Nl in Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 178.0403(a)(2)(B),excluding gifts described in Section 176.003(a-1). J l January 27, 2022 Signature f vender doing with the governmental entity Date Form provided by Tex- Ethics Commission www.ethlcs.state.tx.us Revised 11f3012015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:1/www.slatutes.legis,state.lx.usi Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or lee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a slate or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income,that exceeds$2,500 during the 12 month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-it (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176,003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-i);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later thah the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B)that the vendor has given one or more gifts described by Subsection(a);or (C) Of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics state,tx.us Revised 11i30:2015 House Bill 89 Verification I, James R. Holt (Person name), the undersigned representative (hereafter referred to as "Representative") of Horseshoe Construction. Inc. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATUR OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 27th day of January , 2022 . kove nye( CYNTHIA LIZET VILLA s Notary ID#130278910 N"'F776- MY March 55, 2024 sion Expires Notary Public NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: P � -- Printed Name: J es R. Holt Title: President Company: Horseshoe Construction, Inc. Date: January 27, 2022 SUBSCRIBED and sworn to before me the undersigned authority b 27th the January of, 2022 on behalf of said bidder. S,aY Aga CYNTHIA LIZET VILLA i Notary Public in and for the "�/►`'n Notary ID#130278910 ► State of Texas .) /+ My Commission Expires March 5, 2024 March 05, 2024 My commission expires: AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: V I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Horseshoe Construction, Inc. January 27, 2022 Firm Name Date -4°-: President Au prized Signature / Title James R. Holt 281-478-5477 Name(please print) Telephone stacey.huang@horseshoe-inc.corn Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named James R. Holt on this the 2lth day of January ,20 22 . 4#.4 1--ak.o CYNTHIA LIZET VILLA 1 — .x Notary ID#130278910 I Notary hlie 4 r\ F My Commission Expires �oQto^ March 5, 2024 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SB 252 CHAPTER 2252 CERTIFICATION I James R. Holt ,the undersigned an representative of Horseshoe Construction, Inc. (Company or Business Name) being an adult over the age of eighteen(18)years of age,pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. James R. Holt, President Name of Company Representative(Print) Sign re of Company Representative January 27, 2022 Date Page 14 of 19 BID BOND • ,L!3AIA• Document A310TM — 2010 Bid Bond CONTRACTOR; SURETY' r'Now,legal slaw arid culdrims) (Name,legal slalvs am!lrrinapulpiglet/ Horseshoe Construction,Inc. of 1ln1e,i) 2309 S.Battleground Road The Gray Insurance Company Thig document has important legal La Porte,Texas 77571 P.O.Box 6202 consequences.Consultation with OWNER: Metairie,LA 70009-6202 an attorney is encouraged with respect to its completion of (1currc,le <d stifilfy erne,a<ldrnys) City of Dort Arthur modification. 444 4th Street Any singular reference to Port Arthur,Texas 77640 Contractor,surety,Owner or BONf3 AMOUNT: ether party shall ba considered Plural wnere anew:ewe• PROJECT', /Nome.iucaliurr w'urfci''in.um/)'ro ea MHO".Ifun}) Sanitary Sewer System Rehabilitation in Sabine Pass-Contract#1 Port Arthur,TX Thu C ontraelor anti Surely are bound to the Owner in the anion/It set li/nh above.,i'r the payment of wit tells the C"cntraelor and Surety bind themselves,their heirs,executors,adrninistrsWrs,successorsatxl.attsigns,jointly and severally,as provided herein.The conditions of this Bond are such that ifthe Owner accepts the bid of the Contractor within the tenor specilled in the bid documents,or within such lime perhxl lib may he agree i to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner'in accordance with the terms of seen bid.and gives such bond or bonds as may be specified in the lidding or Ctrotruct Ornaments,with a surely admitted in the jurisdiction of the l'rcject and otherwise acceptable to the Owner,for the faithful performance ol'stwif Contract and liyr fits•prompt payment oi'labor and material fitmislird in the prosecution hereof',,or(2)pays for the Owner the difTerencs,not to exceed the amount of this frond,between the amount specified in said bid and such larger amount for which the Owner lofty in lotoil faith contract with another party to perform the work covered by said bid,filen this obligation shall be null and void.otherwise to martin in lid,Come and effect.The Surety hereby waives any notice of an agreement herweuni the()wino and C'ontractof In extend the time in which the Owner May accept the bid,Waiver of notice by the Surety shall not apply to any extension exceeding sixty{60)days in the aggregate beyond the time for acceptance of bids specified in the hid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(tit))days, If this Bond is rued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to he Contractor. When this Bond has been furnished to comply with a statutory or other legal rvcluiretnent in the location of the Project. any provision in this Bond conflicting with said statutory or legal rettltlruirerit Shall be deemed deleted Iterel'cnui and provisions eonformi g to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bo11d shall be construed as a statutory bond and not as a common law bond, Signed and sealed this 21st day of January,2022 Hnrites ne Construction,Inc, e. (('u1r tor«r not rust i 1Illmess) J 9i alS 7 • i / ,' e Gray Insurance C'nm an DIY`. _.f'.__Y__ ( 111'Nr „ Mal) {tvirn<.. min �;Q�Y,Witness r a- ('1'irlfs) Sean McCa ey, r.,At rney- n-E"act CAUTION:You should sign an original AlA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. init. AEA oocumont Aa101e 2010(rev,1012010),Copyright'o t 96a, IV70 and 2010 by rite ainnrban astilnto 01 Atcritcaece.All tort+tts reserved. WARNING flits Ate Pin ument le protected by U.S:CopyrtgI(Lew suit Ittton,allunnt Trenrtea.unauthorized'apreen: an of diatrillutrun 01 Dee AMA"Ducumm,t,yr tu,y portion of it,away,asutt in savuio club and edinh,ua yunxltes.and win Ito prosecuted to Itis moetntun,extant possible r under the low Purenarwe nun pernaeud to reproduce ten 001 copies of Ihla elocutnelli when rompleiad ro rattail copyright vietelions ef,1U1 Colored pnr,nrnonte e.tnall nee Acne/tom institute nt Arrhpaetx"coal eminent,,xglyright,6 ale ore McCauley Bond Agency 01/21/2022 13:22 32882520936 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY ' GENERAL POWER OF ATTORNEY Bond Number:N/A Principal:Horseshoe Construction,Inc. Project: Sanitary Sewer System Rehabilitation in Sabine Pass-Contract#1 KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Sean McCauley and Claudia Nunez of Dallas,Texas jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety Company at meetings duly called and held on the 26th day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, - undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature 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 signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 28t day of October,2021. ua .« ..e .:Y 7,(40, ( i��„� (37taJ��S Y 6 S�Qc 'r" SEAL BY: Michael T.Gray Cullen S.Piske rl` SEAL s y: _ President President �.. __ ; -s--- fc The Gray Insurance Company The Gray Casualty&Surety Company s,.. ,..,... - State of Louisiana ss: Parish of Jefferson On this 28th day of October,2021,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company, and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. , ,-Ai,, ),,,,v,,,. 1 1 t VIAA COUP--. 6 i� Leicl;Anne fienican o a !e, Notary Public Leigh Anne Henican e Notary ID No.92653 Notary Public,Parish of Orleans State of Louisiana -c' Orleans Parish,Louisiana My Commission is for Life I,Marks.Maaguno,Secretary o fThe Gray insurance Company,dia thereby certify tbat the abxive and forgoing is a flue and-eorrec[copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this/ 'day of ` vius Z.., 201 17//12,4„,4 P4$41•010.4i . I,Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect 1N WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this day of , . E H•A Ar se A;"•Q::U,p lW�vU�iX UV� :�, o; s. � i �„J11 AL V SEAL 3 1 k STATE OF TEXAS STATE BOARD OF INSURANCE Certificate 1� ► . � Company No. 08-93774 V° (r/006 ' i�;� u; CERTIFICATE OF AUTHORITY I THIS IS TO CERTIFY THAT THE GRAY INSURANCE COMPANY 11 METAIRIE, LOUISIANA I has complied with the laws of the State of Texas applicable thereto and is hereby authorized to trans- act the business of Fire; Allied Coverages; Hail, growing crops only; Rain; inland Marine; Ocean Marine; Aircraft--Liability & Physical Damage; Accident; Health; Workers' Compensation & Employers' Liability; Employers' Liability; Automobile-- Liability & Physical Damage; Liability other than Automobile; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Boiler & Machinery; and Reinsurance on all lines authorized to be written on a direct basis insurance within the State of Texas, This Certificate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. 441,,;I \�` . . fr�)f, I\ i(. )l ff',►` IN TESTIMONY WHEREOF, witness my '1{ ;t t ? 1 hand and seal of office at Austin, Texas, this 16th...day of December , A. D. ! 141111 `�•• -' CON ''SPff ER OF IN'SUR% CI. Deputy Commissioner —rn11M 6000 QUALIFICA TIONSTATEMENT : QUALIFICATION STATEMENT -• SUBMITTED TO: CITY OF PORT ARTHUR By Horseshoe Construction, Inc., a Corporation [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE 2309 S. Battleground Rd., La Porte, Texas 77571 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 29 years 2. How many years'experience in this type of construction work has your organization had? (a) As a general contractor 29 years (b) As a sub-contractor 29 years 3. What projects has your organization completed? Contract - Class of. When. 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A \ \ } C C C / u / \ \ ƒ E z k 0 ce 2 0 = / k O a § ,_ V $ \ t ; D , u > o m c z m VI E / 0 co > Z \ _ 1- O 0 cu-N \ & 2 0. - = 35 _ ao = 5 cuf ® % / / \ \ / w / \ . b . CC > \ 2 K O ._ \ 8 ® t £ w 3 j / Ln \ Li 01 / / E co 0 C . . . . k \ \ ° 7 C / » E / 2 z \ \ \ % CO E < 7 J u u s a } } co \ c t R \ 2- a \ 9 2 > k / z c / E ® c / 3 > E ± ` _ \ E Co a z 3 « s cc® ° ( 5 ® n % E » & § 2 + o o \ , k a j a 3 z ,_ u▪ u u > _ Coz < o = \ \ 5 z / 0 / 0 / ® ( ® ® \ \ b \ 0 a. = a = z z z 1 u u e < - N. , . - % co 0 \ $ 0 0 \ \ \ § \ \ \ E23 % , ƒ L. - / u j I _ \ / % 0 . o Ei E j 2 t § ® 4 » ® \ % 2 % \ \ _ / 'U / / 6 e - UJ \ / k ) \ 3 y z w / _ C / / = k \ / a 2 \ O — .. .. c < / \ = a * U ® C / _ ± COt U z _ \ @ f s j \ c E 0 0. D o ,/ E@ & oCoLn & / g j \ / £ \ / in ƒ g \ w m j 2 \ G t » t / / § » \ LU ® a C C C C § § b 0 1 / A 2 / o 0 0 0 o u 7 CoD ƒ o •= Z < 2 = / § § / O / ƒ c < o } \ _ / ce s ƒo _ I" °0. L u 2 3 j a t O I \ » / _ ƒ VI C 4 cc LE—a) \ CI= \ UJ 0 b . tri C4 CO CO z - I \ e % k \ § ± e 0 2 \ a >a CO . . . . . _ . . . . . . . . . . . • a a z 7 G § % >- _ D E \ m Co 0 z co / m m z I.) } § u \ CL § I CO > k \ s RI CL = \ \ § 0 0 e / 6 / ® / Co ® E _ & o Z a_ » \ Co U \ \ \ 2 / / 7 Q. © ° '0 7-0 c 0 \ [ / ® ® \ \ \ E } z z LU L L o u < 3 0 4. Have you ever failed to complete any work awarded to you? No If so,where and why? N/A 5. In what manner have you inspected this proposed work? Explain in detail. Walked the lob including opening manholes. 6. Explain your plan or layout for performing the proposed work: Pipeburst, servic connections, and manhole replacement will be done continously by same crew at same time. 7. The work,if awarded to you,will have the personal supervision of whom? (a) For administrative management? Taylor Jones (b) For resident construction superintendence? William Johnson (c) What experience in this type of work is enjoyed by the superintendent designated under(b)above? William Johnson has 26 plus years in the underground utility field. $. What portions of the work do you intend to sub-let? Clean CCTV 2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location See attached "Owned Equipment List" 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? No None needed, we own all. Horseshoe Construction -Owned Equipment List DESCRIPTION SIZE YEAR MAKE MODEL 4" -6" Hammerhead Static Long Service Machine Hammerhead 4' -6" Long Service Machine Hammerhead 750 CFM Air Compressor Ingersoll XP750WCU 750 CFM Air Compressor 750 CFM Air Compressor 750 CFM Generator Ryobi 412 Fusion McElroy 412 Fusion McElroy 412 Fusion McElroy 618 Fuson McElroy 10T Winch TT Tech 10T Winch TT Tech 10T Winch TT Tech 10T Winch TT Tech 12T Winch Hammerhead HG12 12T Winch Hammerhead HG12 7" Reversible Hammer Hammerhead 7" Reversible Hammer Hammerhead 7" Reversible Hammer Hammerhead 7" Reversible Hammer Hammerhead 9" Reversible Hammer Hammerhead 8" Hercules TT Tech 8" I lercules TT Tech 8" Hercules TT Tech 8" Hercules TT Tech Koloss 14" TT Tech Koloss 14" TT Tech Gygant 12" Ti Tech Skid Steer w/bucket 2012 Bobcat S175 Skid Steer Forks Attachment Horseshoe Owned Equipment rev 2021 Page 1 of 2 PERFORMANCE AND PAYMENT BONDS Al A Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name,legal syalas and address) (harem.legal slaws and principal place ul"Lusirrass) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name,legal Walla and adctress) modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable Data: Amount: Description: (Nana and location) BOND Date: (Not earlier than C'cn sli'uelinn C'aniract Date) Amount: Maditications to this Bond: 0 None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Scull Company: (Conporalc,Seal) Signature: Signature: Name Name and Title: and Title: (Anj'additional signatures appear an the last page n/'this Payment Rand) (FOR INFORMATION ONLY Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (,Architect. Engineer at.other party:) lnit AIA Document A312r'"—2010 Payment Bond.Copyright•132010 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or .� any portion of it,may result in severe chili and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents e-mail The American Institute of.Architects'legal counsel,copyrtghtsTaia zg. au i0 • PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER,in the penal sum of Dollars,S( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER,dated the day of 2017,a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may he granted by the OWNER, with or without notice to the Surety and during the one year guaranty period,and if he shall satisfy all claims and demands incurred under-such contract,and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so,and shall reimburse and repay the OWNER till outlay and expense Which the OWNER ntayincur in making good any default, then this obligation shall be void; othenvise to remain in full force and effect. Provided, . that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabil ities on this bond shall be determined in accordance therewith. PROVIDED, FURTHER,that the said surety,for value received hereby stipulates and agrees that • no change, extension of time,alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. [N WITNESS WHEREOF, this instrument is executed in _ counterparts, each one of which shall be deemed an original,this the_ day of ,20 — ATTEST: Principal BY: (s) (Principal) Secretary (SEAL) (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state • where the PROJECT is located. INSURANCE CERTIFICATES (TO BE INSERTED AT TIME OF EXECUTION) - BY CITY OF PORT ARTHUR PURCHASING DIVISON - This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by EJCLL)C......... _____,.. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES AscE M ERIC', 7"IFIY Of CML ENGINEERS National Society of Professional Engineers® Endorsed by :CS/ N4P EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC° C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC° C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (E1CDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston,VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1—Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 ARTICLE 2—Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Before Starting Construction 6 2.04 Preconstruction Conference; Designation of Authorized Representatives 7 2.05 Initial Acceptance of Schedules 7 2.06 Electronic Transmittals 7 ARTICLE 3—Documents: Intent, Requirements, Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 8 3.04 Requirements of the Contract Documents 9 3.05 Reuse of Documents 10 ARTICLE 4—Commencement and Progress of the Work 10 4.01 Commencement of Contract Times; Notice to Proceed 10 4.02 Starting the Work 10 4.03 Reference Points 10 4.04 Progress Schedule 10 4.05 Delays in Contractor's Progress 11 ARTICLE 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 12 5.01 Availability of Lands 12 5.02 Use of Site and Other Areas 12 5.03 Subsurface and Physical Conditions 13 5.04 Differing Subsurface or Physical Conditions 14 5.05 Underground Facilities 15 EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site 17 ARTICLE 6—Bonds and Insurance 19 6.01 Performance, Payment, and Other Bonds 19 6.02 Insurance—General Provisions 19 6.03 Contractor's Insurance 20 6.04 Owner's Liability Insurance 23 6.05 Property Insurance 23 6.06 Waiver of Rights 25 6.07 Receipt and Application of Property Insurance Proceeds 25 ARTICLE 7—Contractor's Responsibilities 26 7.01 Supervision and Superintendence 26 7.02 Labor;Working Hours 26 7.03 Services, Materials, and Equipment 26 7.04 "Or Equals" 27 7.05 Substitutes 28 7.06 Concerning Subcontractors, Suppliers, and Others 29 7.07 Patent Fees and Royalties 31 7.08 Permits 31 7.09 Taxes 32 7.10 Laws and Regulations 32 7.11 Record Documents 32 7.12 Safety and Protection 32 7.13 Safety Representative 33 7.14 Hazard Communication Programs 33 7.15 Emergencies 34 7.16 Shop Drawings, Samples, and Other Submittals 34 7.17 Contractor's General Warranty and Guarantee 36 7.18 Indemnification 37 7.19 Delegation of Professional Design Services 37 ARTICLE 8—Other Work at the Site 38 8.01 Other Work 38 8.02 Coordination 39 8.03 Legal Relationships 39 EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE 9—Owner's Responsibilities 40 9.01 Communications to Contractor 40 9.02 Replacement of Engineer 40 9.03 Furnish Data 40 9.04 Pay When Due 40 9.05 Lands and Easements; Reports,Tests, and Drawings 40 9.06 Insurance 40 9.07 Change Orders 40 9.08 Inspections,Tests, and Approvals 41 9.09 Limitations on Owner's Responsibilities 41 9.10 Undisclosed Hazardous Environmental Condition 41 9.11 Evidence of Financial Arrangements 41 9.12 Safety Programs 41 ARTICLE 10—Engineer's Status During Construction 41 10.01 Owner's Representative 41 10.02 Visits to Site 41 10.03 Project Representative 42 10.04 Rejecting Defective Work 42 10.05 Shop Drawings, Change Orders and Payments 42 10.06 Determinations for Unit Price Work 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work 42 10.08 Limitations on Engineer's Authority and Responsibilities 42 10.09 Compliance with Safety Program 43 ARTICLE 11—Amending the Contract Documents; Changes in the Work 43 11.01 Amending and Supplementing Contract Documents 43 11.02 Owner-Authorized Changes in the Work 44 11.03 Unauthorized Changes in the Work 44 11.04 Change of Contract Price 44 11.05 Change of Contract Times 45 11.06 Change Proposals 45 11.07 Execution of Change Orders 46 11.08 Notification to Surety 47 ARTICLE 12 —Claims 47 EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims 47 ARTICLE 13 —Cost of the Work; Allowances; Unit Price Work 48 13.01 Cost of the Work 48 13.02 Allowances 50 13.03 Unit Price Work 51 ARTICLE 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work 52 14.01 Access to Work 52 14.02 Tests, Inspections, and Approvals 52 14.03 Defective Work 53 14.04 Acceptance of Defective Work 53 14.05 Uncovering Work 53 14.06 Owner May Stop the Work 54 14.07 Owner May Correct Defective Work 54 ARTICLE 15—Payments to Contractor; Set-Offs; Completion; Correction Period 55 15.01 Progress Payments 55 15.02 Contractor's Warranty of Title 58 15.03 Substantial Completion 58 15.04 Partial Use or Occupancy 59 15.05 Final Inspection 59 15.06 Final Payment 59 15.07 Waiver of Claims 61 15.08 Correction Period 61 ARTICLE 16—Suspension of Work and Termination 62 16.01 Owner May Suspend Work 62 16.02 Owner May Terminate for Cause 62 16.03 Owner May Terminate For Convenience 63 16.04 Contractor May Stop Work or Terminate 63 ARTICLE 17—Final Resolution of Disputes 64 17.01 Methods and Procedures 64 ARTICLE 18—Miscellaneous 64 18.01 Giving Notice 64 18.02 Computation of Times 64 18.03 Cumulative Remedies 64 EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page iv 18.04 Limitation of Damages 65 18.05 No Waiver 65 18.06 Survival of Obligations 65 18.07 Controlling Law 65 18.08 Headings 65 EJCDCs C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page v ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument,executed by Owner and Contractor,that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 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. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any,the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;challenging a set-off against payments due;or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner,duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decisionregarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 has declined to address.A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d)the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e)the Clean Water Act,33 U.S.C. §§1251 et seq.; (f)the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste,substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement,and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completionof the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a)achieve Milestones, if any; (b) achieve Substantial Completion; and (c)complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract,does not establish a Hazardous Environmental Condition. 23. Laws and Regulations;Laws or Regulations—Any and all applicable laws,statutes, rules, regulations,ordinances,codes,and orders of any and all governmental bodies,agencies, authorities, and courts having jurisdiction. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start toperform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers,contractors, and others, including planning,study,design, construction,testing,commissioning,and start-up, and of which the Work to be performed under theContract Documents is a part. 31. Project Manual—The written documents prepared for,or made available for,procuring and constructing the Work,including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions,and Specifications.The contents of the Project Manualmay be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representativeor "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. 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, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to theWork. 39. 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. 40. 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. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract,subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplementsthese General Conditions. 43. 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 a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either(a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents.Work includes and is the result of performing or providing all labor, services,and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion,or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but,when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment,action,or determination will be solely to evaluate, in general,the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise).The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. 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. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 3. The words "perform"or"provide,"when used in connection with services, materials,or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish,""install,""perform,"or"provide,"then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract),the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance:After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work,Contractor discovers any conflict,error, ambiguity,or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code,or(d)any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document);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). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2)the design (as set forth in the Drawings, Specifications, or otherwise), or(3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC'C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer;or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 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 Contract 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 Contract. 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 Contract, whichever date is earlier. 4.02 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 such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or propertymonuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. 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, or during any appeal process, except as permitted by Paragraph 16.04,or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible,delays,disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner,Contractor,and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay,disruption,or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents,or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays,disruption,and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacentto the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. 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 permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities,the storage of materials and equipment,and the operations of workers to the Site,adjacent areas that Contractor has arranged to use through construction easements orotherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all 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 directly or indirectly, in whole or in part EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish,and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas 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 of 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 structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants,or subcontractors,with respect to: 1. the completeness of such reports and drawings for Contractor's purposes,including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site 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 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications;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 7.15),notify Owner andEngineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications;and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of,or time required for, performance of the Work;subject, however,to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; 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 Paragraph 13.03;and, EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor'smaking such commitment;or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both,then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price,and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 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 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any,to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility:After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a writtenstatement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility,indicating whether any change in the Drawings or Specifications will be made,and adoptingor rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at theSite that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work;subject, however,to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; 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 Paragraph 13.03; c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made,then Contractor may rely on the accuracy of the Technical Data(as defined in Article 1)contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except forsuch reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees,agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes,including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work,or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer(and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question,then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either(1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work,or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor,then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal,or Owner may impose a set-off. H. 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,following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners,employees,agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,provided that such Hazardous Environmental Condition(1)was not shown or indicated in the Drawings, Specifications, or other Contract Documents,identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work,and(2)was not created by Contractor or by anyone for whom Contractor is responsible. Nothing inthis Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond,each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of allof Contractor's obligations under the Contract.These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended andsupplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-factsigned the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall,within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in theSupplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VI' or better. C. Contractor shall deliver to Owner,with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor,with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductib►es. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements,or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, 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. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage,and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states). EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance,covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. 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. C. Commercial General Liability—Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage,to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against 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. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 of pollution conditions arising from Contractor's operations and completed operations.This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess,and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused bya negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph maybe satisfied through the purchasing and maintenance of such insurance by suchSubcontractor. I. General provisions:The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions,or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner,Engineer,and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, 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. B. Owner's liability policies,if any,operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable 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 Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy,as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05,Paragraphs 6.06 and 6.07,and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft;smoke;theft;vandalism and malicious mischief; mechanical breakdown,boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects). EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather,those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition,waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds,and theofficers,directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None ofthe above waivers shall extend to the rights that any party making such waiver may have tothe proceeds of insurance held by Owner or Contractor as trustee or fiduciary,or otherwisepayable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner duringpartial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03,or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.E 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, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays,Sundays,or legal holidays only with Owner's written consent,which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents,Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction,quality, durability,appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense:Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each"or-equal" request. Engineer may require Contractor to furnish additional data about the proposed "or-equal" item. Engineer will be the sole judge of acceptability. No"or- equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. E1CDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 D. Effect of Engineer's Determination:Neither approval nor denial of an "or-equal" request shall result in any change in Contract Price.The Engineer's denial of an "or-equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project)to adapt thedesign to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 2) available engineering,sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request,Contractor shall execute the proposed Change Order and proceed with the substitution.The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors,Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however,that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto),then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basisof substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. 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. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor,Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if,to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against al► claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals,and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al► court or arbitration or other dispute resolution costs) arising out of or relating to any infringementof patent rights or copyrights incident to the use in the performance of the Work orresulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and ►icenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid(or when Contractor became bound under a negotiated contract). Owner shall pay al► charges of utility owners for connections for providing permanent service to the Work EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations,but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any,of any adjustment in Contract Price or Contract Times resulting from such changes,then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction.These record documents,together with all approved Samples,will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 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, other work in progress, 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 Owner;the owners of adjacent property, Underground Facilities,and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused,directly or indirectly, in whole or in part, by Contractor,any Subcontractor,Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection 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 15.06.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantia►Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers,and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents.This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material,Supplier,pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or theSchedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work,conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences,or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirementsof the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample,or of a variation fromthe requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing,Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit,as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings,sample, or other item requiring approval, and Contractor shall beresponsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time,and Owner may impose a set-off against payments due to Contractor to secure reimbursement forsuch charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled torely on Contractor's warranty and guarantee. B. 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, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection,test,or approval by others;or 8. any correction of defective Work by Owner. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner,then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performanceof the Work, provided that any such claim,cost, loss,or damage is attributable to bodily injury,sickness, disease,or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee)of Contractor, any Subcontractor,any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.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 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs,or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods,techniques,sequences and procedures.Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy,accuracy,and completeness of the services,certifications,or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations anddesign drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings)will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site.Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees,or through contracts for such other work,then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such informationto Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site,and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however,that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, 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. Ejcoc®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site,the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the ContractTimes. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay,disruption,and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims,and against all 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 damage, delay, disruption,or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements;Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 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 Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.01 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. 10.02 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 thevarious 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 theWork is proceeding in accordance with the Contract Documents. Engineer will not berequired 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 limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during E1CDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 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. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work,then the authority and responsibilities of any suchResident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions,or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose,or give riseto 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 employeeor agent of any of them. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 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 willnot be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,any Supplier,or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions,schedules,guarantees, bonds,certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.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 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS;CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive,or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times,such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order,following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Workinvolved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Workat issue,Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time,order additions, deletions,or revisions in the Work. Suchchanges shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any,of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved;or,in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work.Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake workthat Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, 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 13.01.6.1 and 13.01.6.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.6.3, 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 Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.6.4, 13.01.6.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change,the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05,concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete,and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing,with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days,then either Owner or Contractor may atany time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise),the acceptability of the Work, or other engineering or technical matters,then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process:The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work,or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party,with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful,the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days,then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. Adenial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim,whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work,the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below.The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee,time-and-materials, or other cost-based terms;or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price.When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor.Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits,which shall include social security contributions, unemployment,excise, and payroll taxes,workers'compensation, health and retirement benefits, bonuses,sick leave, and vacation and holiday pay applicable EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 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. 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, willbe 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 shallbe determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work,and cost, less market value,of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading,assembly,dismantling,and removal thereof.All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 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 communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers,executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered byParagraph 13.01.6.4.The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor's Fee: When the Work as a whole 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, Change Proposal, Claim, set-off, or other 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 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, 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. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances,and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance:Contractor agrees that a contingency allowance,if any,is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 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 Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding(except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price 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; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it 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 anysuch increase or decrease. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner,except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. 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, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work;and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories,or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work(or the work of others)that is to be inspected,tested,or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects:Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take noaction that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal,and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to themeasure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims,costs, losses,and damages attributable to Owner's evaluation of and determination to accept such defective Work(such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed,or completed. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then 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, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages 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 pending Contractor's full discharge of this responsibility the Ownershall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof,then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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,then 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. 14.07 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, 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, then Owner may,after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site,take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materialsand 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 incurred or sustained by Owner in exercising therights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC°C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal,or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments:The Schedule of Values established as provided in Article 2 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 during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,theApplication for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, 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 progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules,that to the best of Engineer's knowledge, information and belief: EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents,a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation);and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: a. to supervise, direct,or control the Work, or b. for the means, methods,techniques, sequences,or procedures of construction,or the safety precautions and programs incident thereto,or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews,evaluations of proposed substitutes,tests and inspections,or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07,or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones,Substantial Completion, or final completion of the Work; k. 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; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractorimmediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of(1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment.Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to theprovisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will,within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end ofthe builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC°C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intendedpurpose without significant interference with Contractor's performance of the remainderof the Work,subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete,the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respectthereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective.Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed allcorrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents,Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any,to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects,or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers(satisfactory to Owner)of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full,Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment,in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work:The Work is complete(subject to surviving obligations)when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation,the amount recommended by Engineer(less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens,from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced.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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work(and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph,the correction period hereunder withrespect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed.Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no laterthan 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and 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); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety)ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default,and give Contractor(and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, 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 complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses,and damages(including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds 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. F. 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,or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond.Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A,the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 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 right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) 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 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may,seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts due Contractor, including interest thereon.The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim,or of a denial infull; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions;or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18—MISCELLANEOUS 18.01 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: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days,it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 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 warrantyor guarantee, or by other provisions of the Contract. The provisions of this paragraph willbe as effective as if repeated specifically in the Contract Documents in connection witheach particular duty, obligation, right, and remedy to which they apply. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract,will survive final payment,completion,and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC®C-700(Rev.1),Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the "Standard General Conditions" and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC-1.01 Defined Terms SC-1.01.A.20 Add the following paragraph to the defined term: The word "Engineer" shall be interpreted as referring to Golden Triangle Consulting Engineers, PO Box 20234, Beaumont, Texas 77720. SC-1.01.A.28 Add the following paragraph to the defined term: The word "Owner" shall be understood as referring to City of Port Arthur 444 4th Street, Port Arthur, Texas 77640, represented by its City Council. SC-1.01 Add the following definitions immediately following Item 1.01.A.48: 49. Working Day-Any day in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principle units of work for a period of not less than seven (7) hoursbetween 7:00 a.m. and 6:00 p.m. Saturdays, Sundays and legal holidays will not be counted as a working day if not worked. If the CONTRACTOR works on any of these days, he will be charged a working day. Work will not be permitted on Saturdays, Sundays or legal holidays without the approval of the OWNER. 50. Calendar Day- Every day of the month including Saturdays, Sundays, legal holidays, rain days or other adverse weather days. SC-2.00 HB 1295, 'Texas Ethics Commission"Disclosure SC -2.00 Add the following new paragraph immediately preceding paragraph 2.01: Contractor and Owner shall complete all documentation required to conform with HB 1295, including but not limited to Form 1295 "Certificate of Interested Parties" and "House Bill 89 Verification". SC-2.02 Copies of Documents SC-2.02 .A Delete Paragraph 2.02.A in its entirety and insert the following in its place: A. Owner shall furnish to Contractor up to three (3) printed or hard copies of the Drawings and Contract Documents and one set in electronic format. Additional copies will be furnished upon request at the cost of reproduction. SC-4.01 Commencement of Contract Times; Notice to Proceed SC-4.01.A Delete Paragraph 4.01.A in its entirety and insert the following in its place: A. Notice to Proceed will be issued. The Contract Times will commence on the day indicated in the Notice to Proceed. SC-5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.B: C. The following report of exploration and tests of subsurface conditions at or contiguous to the Site is known to Owner and was relied upon by the Engineer in preparation of Drawings and Specifications: None. D. The following drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) are known to Owner and were relied upon by the Engineer in preparation of drawings and specifications: None. E. Copies of reports and drawings identified in SC-5.03.0 and SC-5.03.D that are not included with the Bidding Documents may be examined at the offices of Golden Triangle Consulting Engineers, PO Box 20234, Beaumont, Texas 77720 F. SC-5.06 Hazardous Environmental Conditions at Site SC-5.06 Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. Delete Paragraph 5.06.1 in its entirety and do not replace. Paragraph 5.06.1 is not used. SC-6.01 Performance, Payment and Other Bonds SC-6.01.A Delete the first sentence of Paragraph 6.01.A and replace with the following: If the contract exceeds $100,000, Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to theContract Price, as security for the faithful performance and payment of all of Contractor's obligations under the contract. If the contract exceeds $25,000, Contractor shall furnish a payment bond in an amount at least equal to the Contract Price, as security for faithful payment of Contractor's entire obligation under the contract. (Government Code, Chapter 2253.021) SC-6.03 Contractor's Insurance SC-6.03.F Delete Paragraph 6.03.F in its entirety and do not replace. Paragraph 6.03.F is not used. SC-6.03.G Amend the first sentence to Paragraph SC-6.03.G to read as follows: Additional insureds: To the fullest extent permitted by Laws and Regulations, the Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individualsor entities identified in the Supplementary Conditions; include coveragefor the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. SC-6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation and related coverages under Paragraph 6.03.A of the General Conditions as required by Laws and Regulations applicable to and covering employees of the Contractor engaged in the performance of the Work under this Agreement. 2. Contractor's General Liability under Paragraphs 6.03.B and 6.03.0 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor shall have limits of not less than $1,000,000 each occurrence and $2,000,000 general aggregate, provided that endorsement CG 2503 or CG 2504 amending aggregate limits shall apply. 3. Automobile Liability under Paragraph 6.03.D of the General Conditions covering all vehicles used in the operations of the Contractor with limits of liability of not less than: Bodily injury $250,000 each person, $500,000 each accident; Property damage $100,000 or a combined single limit of $1,000,000 for bodily injury and property damage, such policy to be endorsed with MCS-90 when hazardous material transportation in involved. 4. Umbrella or Excess Liability under Paragraph 6.03.E of the General Conditions with a minimum limit of$2,000,000. 5. Employer's Liability Insurance protecting Contractor again common law liability, in the absence of statutory liability, for employee bodily injury arising out of the master-servant relationship with a limit of not less than $1,000,000 each accident; $1,000,000 disease-policy limit; $1,000,000 disease-each employee. 6. Contractor's Pollution Liability-None Required. 7. Contractors Professional Liability-None Required. 8. Builders Risk upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof in accord with the provisions of Paragraph 6.05. SC-6.06 Waiver of Rights SC-6.06 Delete Article 6, Section 6.06 in its entirety and do not replace. Article 6, Section 6.06 is not used. SC-7.02 Labor;Working Hours SC-7.02 Add the following new paragraph immediately after Paragraph 7.02.B: C. For projects where time is charged by the Working Day, Saturdays, Sundays and legal holidays will be counted as a Working Day when permission to work is granted. SC-7.06 Concerning Subcontractors, Suppliers,and Others SC-7.06.H Amend Paragraph 7.06.H to read as follows: Upon request of the Owner, on a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor and of all other Subcontractors and Suppliers know to Contractor at the time of submittal. SC-7.07 Patent Fees and Royalties SC-7.07.B Delete Paragraph 7.07.B in its entirety. Paragraph 7.07.B is not used. SC-7.09 Taxes SC-7.09 Add the following new paragraph immediately following Paragraph 7.09.A: B. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The Contractor's attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use taxRules and Regulations. 1. Owner will furnish the required sales and use tax exemption certification for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner's exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. SC-7.10 Laws and Regulations SC-7.10.B Amend the first sentence of Paragraph 7.10.B. to read as follows: If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall to the fullest extent allowed by Laws and Regulations indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. SC-7.10 Add the following new paragraphs immediately following Paragraph 7.10.C: D. State law provides for payment of minimum wage rates on publicworks projects. Minimum wage rates are provided in the Contract Documents. In connection with payment of prevailing wage rates, the Contractor shall maintain certified payroll records covering work done under the Contract and include work done under subcontracts. Payroll records shall include the name and address of each employee along with their job classification, wage rate, daily and weekly number of hours worked on the project, deductions made and actual wages paid. Payroll records shall be made available to the Owner upon request. SC-8.03 Legal Relationships SC-8.03.D Amend Paragraph 8.03.D to read as follows: If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptlyattempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) to the fullest extent allowed by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all 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 damage, delay, disruption, or interference. SC-12.01 Claims SC-12.01 Add the following paragraph immediately before Paragraph 12.01.A: As a political subdivision of the State of Texas, the City of Port Arthur has certain immunities from and defenses to suit. Without waiving any of these immunities or defenses, claims against the Owner will be handled in accordance with Chapter 113 of the Texas Practice and Remedies Code, and the claims process included herewith. SC-15.06 Final Payment SC-15.06.A.2 Add the following immediately following Paragraph 15.06.A.2.e: a. Two (2) copies of any manufacturer's guaranty, warranty or certificate as may be required by the Contract Documents. SC-18.07 Controlling Law SC-18.07 Add the following paragraph immediately following Paragraph 18.07.A: B. Contracts will be governed by the Laws of the State of Texas. Venue for all claims will be in Orange County, Texas. SC-18.09 Field Offices Add a new Section immediately after Section 18.08: SC -18.09 The contractor shall furnish and maintain, during construction of the Improvements embraced in this Contract adequate facilities on the Project Area or adjacent thereto for the use of the Local Public Agency and its Engineers, as described below. Engineer's Office: An Engineering Office is not required. Contractor's Office: The Contractor shall not be required to maintain an office at the job site. Readily accessible copies of the contract documents, the plans, and the working drawings shall be kept on site. Provide cell phone numbers for all superintendents, foremen, and project managers. GENERAL CONDITIONS - PART IFOR CONSTRUCTION BY CITY OF PORT ARTHUR PURCHASING WAGE RATE DETERMINATION (TO BE INSERTED BEFORE A WARD) -BY CITY OF PORT ARTHUR PURCHASING DIVISION - ATTORNEY'S REVIEW CERTIFICATION -BY CITY OF PORT ARTHUR PURCHASING DIVISION - SCOPE OF WORK SCOPE OF WORK City of Port Arthur, Texas SANITARY SEWER SYSTEM REHABILITATION SABINE PASS CONTRACT #1 GENERAL This contract provides for the rehabilitation of existing 6" and 8" sanitary sewer lines along Mockingbird Street (from Strickland Drive to 37th Street) and Enchanted Oaks St (from Somerset St to end of street) by pipe bursting, including removal and replacement of sanitary sewer manholes, installation of new sanitary sewer manholes, rehabilitation of all associated service connections, appurtenances, all necessary labor, materials, equipment, and testing. SPECIFIC This contract shall include all necessary labor, materials, equipment, tools, inspection, testing, and superintendence required for the complete and operable rehabilitation of the proposed project as shown on the contract plans and specifications. This contract includes, but is not limited to the following: 1. The Contractor shall rehabilitate approximately 1,638 linear feet of 6" diameter sanitary sewer line by pipe bursting with 8" SDR-17 HDPE sewer line, all in accordance with the plans and specifications. 2. The Contractor shall rehabilitate approximately 817 linear feet of 8"diametersanitary sewer line by pipe bursting with 10" SDR-17 HDPE sewer line, all in accordance with the plans and specifications. 3. Contractor shall install two (2) new 48" fiberglass manholes, all in accordance with the plans and specifications. 4. Contractor to remove and replace six (6) existing sanitary sewer manholes along the easement line with new 48" fiberglass manholes, all in accordance with the plans and specifications. 5. Contractor to locate and rehabilitate existing sanitary sewer services on the proposed lines by pipe-bursting using 4" HDPE SDR-11, or remove and replace with SCH 40 PVC, including cleanouts and tap, all in accordance with the plansand specifications. 6 Pre-Construction. Clean and TV approximately 2,455 linear feet of existing sanitary sewer line all in accordance with plans and specifications. 7. Post-Construction. TV approximately 2,455 linear feet of new sanitary sewer line all in accordance with plans and specifications. 8. Contractor shall provide bypass pumping to ensure continued operation of the collection system during the rehabilitation process. CONDITIONS ALONG THE ROUTES The Contractor's attention is called to various physical conditions along the routes as follows. 1. Overhead power lines are located near or within the project site. The Contractor shall notify proper authorities at least 72 hours before construction begins. The Contractor shall take precautions to avoid damage to power lines, foundations, guywires, and appurtenances. The Contractor shall observe all applicable OSHA and owner requirements while working near the overhead power lines including restriction of height of equipment. 2. Underground utilities exist near or within the project area. During construction the Contractor shall take the necessary precautions to avoid damaging the existing utilities within the limits of the project site. SPECIAL REQUIREMENTS The Contractor shall contact Brian Wallace (409) 983-8180 prior to starting anywork within the project site. The Contractor shall restore all project locations to their original condition or better prior to the project completion. TECHNICAL SPECIFICATIONS ITEM 98 ABANDONMENT OR REMOVAL OF OLD STRUCTURES 98.01 -DESCRIPTION This item shall provide for the removal of and disposal of old structures, as noted on the plans, and shall include all excavation and backfilling necessary to complete the removal. 98.02-METHOD OF REMOVAL A. Culverts or Sewers. Pipe shall be removed by careful excavation of all dirt on top and the sides in such manner that the pipe will not be damaged. Those pipes which are deemed unsatisfactory for re-use by the Engineer may be removed in any manner the Contractor may select. Those pipes which are to be crushed in place shall be thoroughly crushed and may not be used as fill material within the eighteen (18") inches of the finished grade. Those pipes which are to be abandoned in place shall be sealed at both ends with concreteunless otherwise approved by the Engineer. B. Concrete or Brick Structures. Concrete or brick structures (or portions of structures) shall be removed by chipping and/or sledging the structure into sizes not larger than one cubic foot. C. Steel Structures. Steel structures (or steel portions of structures) shall be dismantled in sections as determined by the Engineer.The sections shall be of such weight and dimensions as will permit convenient handling, hauling, and storing. All necessary severing of connections between members, or between members and supports, shall be done in a manner which will not injure the members for reuse. Flame-cutting of members will be permitted only with the written permission of the Engineer. D. Timber Structures. Timber structures or timber portions of structures shall be removed in such manner as to avoid damage to the timber. All bolts and nails shall be removed from lumber deemed salvageable by the Engineer. Unless otherwise specified on the plans, timber piles shall be either pulled or cut off at a point not less than two (2) feet below ground line, with the choice between these two methods resting with the Contractor. 98.03-UNDERGROUND PORTIONS OF STRUCTURES Portions of structures below the permanent ground line,which will not interfere in any manner with the proposed construction, may be left in place. These structures shall be removed at least two feet (2') below the permanent ground line and neatly squared off. Reinforcement shall be cutoff close to the concrete. When a sewer, lift station, or other structure is to be constructed on the site of a structure to be removed, removal shall extend at least two feet below and outside the proposed structure. If the old structure is located under a proposed road excavation, removal shall extend at least two feet below the proposed undercut. The excavation shall be backfilled according to the requirements of the new structure or roadway. 1 ITEM 98 ABANDONMENT OR REMOVAL OF OLD STRUCTURES 98.04-BACKFILL All excavation made in connection with this item and all openings below the natural ground line caused by the removal of old structures or portions thereof shall be backfilled to the level of the permanent ground line, unless otherwise provided on the plans. That portion of the backfill which will support any portion of the roadbed or embankment shall be placed in layers of the same depth as those required by embankment. Material in each layer shall be wetted uniformly if required and shall be compacted to the density required in the adjoining embankment. In places inaccessible to blading and rolling equipment, mechanical or hand tamps or rammers shall be used to obtain the required compaction. Backfill which will support any portion of a structure or an underground pipe shall be placed in layers and compacted to the same density as the surrounding undisturbed soil. Special backfill material may be required by the specifications for the structure. That portion of the backfill which will not support any portion of the roadbed or embankment shall be placed as directed by the Engineer in such manner and to such state of compaction as will preclude objectionable amounts of settlement. 98.05-SALVAGE Any materials which are designated in the plans for salvage by the Owner, and which the Engineer deems as salvage for reuse, shall be carefully placed in neat piles. These piles shall be located on or near the construction site at convenient loading points which will not interfere with traffic or construction.All such materials shall be handled,transported, and stacked so as toavoid damage. All materials not designated or acceptable for salvage shall become the property of the Contractor. The Contractor shall remove these materials from the construction site as soon as practical. 98.06-PAYMENT No separate payment will be made for this item. ITEM 110- EXISTING UTILITIES 110.01 -DESCRIPTION In general,the Contractor shall be responsible for locating and protecting all utility lines during the construction and for support and maintenance in position of all ducts and conduits, except for those specifically shown to be relocated or removed by others. Contractor shall be responsible for any damage to existing utilities and shall promptly repair same, or make arrangements for such repair with the Owner of the utility involved. 110.02 -CONSTRUCTION METHOD In all cases the Contractor shall co-ordinate his work with the Owners of the various utilities and shall notify their proper representative not less than forty-eight (48) hours in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work. All utility adjustment other than those shown on the plans to be done by the Contractor, shall be the responsibility of the Owners of the utilities and if in the opinion of the Engineer adjustment is required, the Contractor will be responsible for notifying the respective owner. 110.03 -PAYMENT Payment for this item will be subsidiary to other items. ITEM 200-STRUCTURAL CONCRETE 200.01 -DESCRIPTION This item governs materials, proportioning and mixing, testing, placing, finishing and curing of all plain and reinforced cast-in-place concrete, fibermesh reinforced concrete and prestressed concrete. The concrete shall be composed of Portland or other hydraulic cement, fine and coarse aggregate, fibermesh, and water, with or without admixtures, conforming to the design and test requirements of this specification. This item excludes lightweight aggregate concrete. 200.02 -QUALITY ASSURANCE A. Materials and work shall conform to the requirements of all standards, codes and recommended practices required in this section. In conflicts between standards, required standards and this specification, or this specification and the local building code, the more stringent requirement shall govern. B. Contractor shall provide at least one person, when requested by the Engineer, who shall be present at all times during execution of this portion of the work and who shall be thoroughly trained and experienced in placing the type of concrete specified and who shall direct all work performed under this section. 200.03 -MATERIALS Ready mix concrete conforming to ASTM C-94 or site-mixed concrete(dry weight 145-150 pounds per cubic foot.) A. All cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Only one brand shall be used for exposed concrete. 1. Portland Cement shall conform to ASTM C-150. 2. Blended Hydraulic Cement shall conform to ASTM C-595, excluding Type S and Type SA. 3. Expansive Hydraulic Cement, Type E-1 shall conform to ASTM C-845-76T. B. Water used in mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or reinforcement. C. Aggregate shall conform to ASTM C-33. Nominal maximum size of coarse aggregate shall not be larger than: 1) 1/5 the narrowest dimension between sides of forms, nor 2) 1/3 the depth of slabs, nor 3) 3/4 the minimum clear spacing between individual or bundles or reinforcing bars. D. Fibermesh Reinforcement. Shall be 100 percent virgin polypropylene, fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1% (1.5 pounds). ITEM 200-STRUCTURAL CONCRETE CLASSIFICATION TABLE Min. Comp. Max.Water Content Min. Strength(psi) (1,6) Cement Per C.Y, c'zl Slump Range Total Air Class - Type lbs.of Gallons (in.)* Content(%) 7-day 28-day Water/ of Water Lbs. Bags lb. /Bag Cement Cement A- Structural 2,000 3,000 0.55 6.25 494 5.25 2-1/2 to 4-1/2 2-1/2 to 4- 1/2 Asp- Structural (1) 2,000 3,000 0.50 5.65 423 4.50 7 to 10(1) 3 to 5 B- Slope Protection 1,200 2,000 0.75 8.50 400 4.25 2-1/2 to 4 2-1/2 C - Pipe Blocking --- 1,500 0.97 11.00 282 3.00 3 to 5 3 to 6 D- Seal Slab --- --- --- --- 376 4.00 6 to 8 as needed E - Monolithic Sewer 2,000 3,000 0.55 6.25 564 6.00 4 to 6 3 to 5 F- Prestressed(') --- 5,000 0.51 5.75 635 6.75 2 to 3 as needed G - Prestressed (5) --- 6,000 0.49 5.50 658 7.00 2 to 3 as needed K- Structural(') 2,800 4,000 0.45 5.65 564 6.00 3-1/2 to 5 2-1/2 to 4- 1/2 Ksp- Structural (3) 2,800 4,000 0.45 5.00 517 5.50 7 to 10(4) 3 to 5 P- Paving 3,500 4,400 0.45 5.00 564 6.00 3 to 5 2-1/2 to 4- 1/2 650(7) * All Slump Ranges +1/2 inch Tolerance. i l Include in maximum water, free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (2) For concrete placed under water,minimum cement per cubic yard shall be 611 pounds(6.5 bags). (3) Asp and Ksp to contain approved High Range Water Reducing(HRWR)Admixture. (4) Maximum 2-inch slump before additional HRWR Admixture. (5) For pre-stressed concrete,water reducing admixture may be used as needed. (6) Use approved water-reducing and retarding admixtures. (7) Minimum flexural strength at 28 days. ITEM 200-STRUCTURAL CONCRETE E. Admixtures (requiring prior approval of the Engineer) to be used in concrete shall be produced and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. 1. Air-entraining Admixture shall conform to ASTM C-260, and when requested, certification attesting to compliance shall be furnished by the manufacturer. 2. Water-reducing, Set Controlling Admixture shall conform to ASTM C-494 and when requested, a qualified concrete technician employed by the manufacturer shall be available to advise and assist in the use, proportioning and adjustment of concrete mix. 3. Fly-ash or Other Pozzolans used as admixtures shall conform to ASTM C-618. 200.04 -CONCRETE PROPORTIONING The Contractor shall be responsible for the design of concrete mixtures. Concrete shall be proportioned and produced to provide an average compressive strength as provided for herein. (f',= specified compressive strength of concrete). A. Proportioning of concrete for the required f'c shall be based on 28-day compressive test shall be based on laboratory trail batches performed by an independent testing laboratory meeting the requirements of ASTM E-329 and approved by the Engineer, and/or on the basis of field experience, both as set forth in ACI 318-Latest Edition and this specification. The average compressive strength used as a basis for selecting the proportions shall exceed the specified F'c as required by ACI 31 B. B. Proportions of materials for concrete shall conform to minimum cement content and maximum water content for various classes as shown on Classification Table. C. Where different materials are to be used for different portions of the work, each combination shall be evaluated separately. D. Concrete proportions, including water-cement ratio, shall be established on the basis of field experience, or laboratory trial batches, with materials to be employed, as required herein. E. 1.5 lbs of fiber mesh per cubic yard of concrete, where noted for use on plans, shall be added to the mixer before placement. Fibermesh is required in all sidewalks. F. Average Strength Reduction After sufficient test data become available from the job, methods of "Recommended Practice for Evaluation of Compression Test Results of Concrete (ACI 214-65)" may be used to reduce the amount by which the average strength must exceed f', . 1. Probable frequency of strength tests more than 500 psi below f'c will not exceed 1 in 100; 2. Probable frequency of an average of three consecutive strength tests below f'cwill not exceed 1 in 100, and; 3. Concrete Classification Requirements Table are met. G. Evaluation and Acceptance of Concrete H. Frequency of Testing. Samples for strength tests of each class of concrete placed each day shall be taken not less than once a day, nor less than once for each 150 cubic yard of concrete, nor less than once for each 5000 sq. ft. of surface area for slabs or walls. ITEM 200-STRUCTURAL CONCRETE On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete, tests shall be made from at least five randomly selected batches or from each batch if fewer than five batches are used. When total quantity of a given class of concrete is less than 50 cubic yards, strength tests may be waived by the Engineer if in his judgment adequate evidence of satisfactory strength is provided. Average strength of two cylinders from the same sample, tested at 28 days or the specified earlier age, is required for each strength test. Tests of Cured Specimens. Samples for strength tests shall be taken in accordance with "Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory-cured in accordance with"Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C-31) and tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: 1. The average of all sets of three consecutive strength tests equal or exceed required f'c. 2. No individual strength test (average of two cylinders) falls below required f'c by more than 500 psi. J. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required fc by more than 500 psi or if test indicate deficiencies in protection and curing, steps shall be taken to assure that load-carrying capacity of the structure is not jeopardized. If the likelihood of low-strength concrete is confirmed and computations indicate that load- carrying capacity may have been significantly reduced,tests of cores drilled from the area in question may be required in accordance with "Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" (ASTM C-42). In such case, three cores shall be taken for each strength test more than 500 psi below required f'c. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60•to 80• F, relative humidity less than sixty(60%) percent)for seven (7)days before test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions, cores shall be immersed in water for at least 48 hours and be tested wet. Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least eighty-five(85%) percent of f'c and if no single core is less than seventy-five (75%) percent of f'c. To check testing accuracy, locations represented by erratic core strengths may be retested. If criteria above are not met, and if structural adequacy remains in doubt, the Engineer may order load tests for the questionable portion of the structure, or take other action appropriate to the circumstances. ITEM 200-STRUCTURAL CONCRETE 200.05 -MIXING AND PLACING CONCRETE A. Preparation Preparation before concrete placement shall include the following: 1. All equipment for mixing and transporting concrete shall be clean. 2. All debris and ice shall be removed from spaces to be occupied by concrete. 3. Forms shall be properly coated. 4. Masonry filler units that will be in contact with concrete shall be well drenched. 5. Reinforcement shall be thoroughly clean of ice or other deleterious coatings. 6. Water shall be removed from place of deposit before concrete in placed unless a tremie is to be used or unless otherwise permitted by the Engineer. 7. All laitance and other unsound material shall be removed before additional concrete is placed against hardened concrete. B. Mixing All concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely before mixer is recharged. Ready-mixed concrete shall be mixed and delivered in accordance with requirements set forth in "Specification for Ready-Mixed Concrete" (ASTM C-94). Job-mixed concrete shall be mixed in accordance with the following: 1. Mixing shall be done in a batch mixer of approved type. 2. Mixer shall be rotated at a speed recommended by the manufacturer. 3. Mixing shall be continued for at least 1-1/2 minutes after all materials are in the drum, unless a shorter time is shown to be satisfactory by the mixing uniformity tests of "Specification for Ready-Mixed Concrete" (ASTM C-94). C. Conveying Concrete shall be conveyed from mixer to place of final deposit by methods that will prevent separation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. D. Depositing Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. Concreting shall be carried on at such a rate that concrete is at all times plastic and flows readily into spaces between reinforcement. Concrete that has partially hardened or been contaminated by foreign materials shall not be deposited in the structure. Retempered concrete or concrete that has been remixed after initial set shall not be used unless approved by the Engineer. ITEM 200-STRUCTURAL CONCRETE After concreting is started, it shall be carried on as a continuous operation until placing of a panel or section, as defined by its boundaries or predetermined joints, is completed except as permitted or prohibited by Item 200.07.4. Top surfaced of vertically formed lifts shall be generally level. When construction joints are required,joints shall be made in accordance with Item 200.07.4. All concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. 200.06 CURING A. Concrete (other than high-early-strength) shall be maintained above 50° F and in a moist condition for at least the first seven (7) days after placement, except when cured in accordance with 200.06.3. B. High-early strength concrete shall be maintained above 50° F and in a moist condition for at least the first three (3) days, except when cured in accordance with 200.06.3. C. Accelerated Curing 1. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other accepted process, may be employed to accelerate strength gain and reduce time of curing, with prior approval of the Engineer. 2. Accelerated curing shall provide a compressive strength of the concrete at the load stage considered at least equal to required design strength at that load stage. 3. Curing process shall be such as to produce concrete with a curability at least equivalent to the curing method of 200.06.1 or 200.06.2. 4. Supplementary strength tests may be required to assure that curing is satisfactory. The Engineer may require strength tests of cylinders cured under field conditions to check adequacy of curing and protection of concrete in the structure. D. Cold Weather Requirements 1. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near-freezing weather. 2. All concrete materials and all reinforcement, forms, fillers, and ground with which concrete is to come in contact shall be free from frost. 3. Frozen materials or materials containing ice shall not be used. E. Hot Weather Requirements During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection, and curing to prevent excessive concrete temperatures or water evaporation that may impair required strength or serviceability of the member or structure. 200.07 -FORMWORK AND CONSTRUCTION JOINTS A. Design-Contractor shall be solely responsible for the form design for the anticipated work. 1. Forms shall result in a final structure that conforms to shapes, lines, and dimensions of the members as required by the design drawings and specifications. 2. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. ITEM 200-STRUCTURAL CONCRETE 3. Forms shall be properly braced or tied together to maintain position and shape. 4. Forms and their supports shall be designed so as not to damage previously placed structure. 5. Design of formwork shall include consideration of the following factors: a) Rate and method of placing concrete; b) Construction loads, including vertical, horizontal, and impact loads; c) Special form requirements for construction of shells, folded plates, domes, architectural concrete, or similar types of elements. 6. Forms for prestressed concrete members shall be designed and constructed to permit movement of the member without damage during application of prestressing force. B. Removal of Forms 1. No construction loads shall be supported on, nor any shoring removed from any part of the structure under construction except when that portion of the structure (in combination with remaining forming and shoring system) has sufficient strength to support safely its weight and loads placed thereon. Sufficient strength may be demonstrated by field-cured test cylinders and by a structural analysis considering proposed loads in relation to field-cured cylinder strengths and strength of the forming and shoring system. Such analysis and strength test data shall be furnished by the Contractor to the Engineer when so required. 2. No construction loads exceeding combination of superimposed dead load plus specified live load shall be supported on any unshored portion of the structure under construction, unless analysis indicates adequate strength to support such additional loads. 3. Forms shall be removed in such manner as not to impair safety and serviceability of the structure. All concrete to be exposed by form removal shall have sufficient strength not to be damaged thereby. 4. Form supports for prestressed concrete members may be removed when sufficient prestressing has been applied to enable prestressed members to carry their dead load and anticipated construction loads. 5. Forms will remain in place a minimum of 72 hours for all conditions except in the following case: Concrete subject to high bending stress and wholly (or almost wholly) reliant on forms for vertical support. Examples: Roof or floor slabs and beams; undersides of sloping surfaces (flatter than 1:1); walkways and platforms; bridge decks and girders. Forms will remain in place a minimum of 4-1/2 days in those areas where no immediate superimposed loading will occur and a minimum of 10 days at all other areas. 6. The early removal of forms (except as noted above) to facilitate the normal progress of work will be permitted only be approval of the Engineer, and in no case less than 24 hours. C. Conduits and Pipes Embedded in Concrete 1. Conduits, pipes and sleeves of any material not harmful to concrete may be embedded in concrete with approval of the Engineer, provided they are not considered to replace structurally the displaced concrete. ITEM 200-STRUCTURAL CONCRETE 2. Except when plans for conduits and pipes are approved by the Structural Engineer, conduits and pipes embedded within a slab, wall, or beam (other than those merely passing through) shall satisfy the following: a) They shall not be larger in outside dimension than 1/3 the overall thickness of lab, wall, or beam in which they are embedded. b) They shall not be spaced closer than 3 diameters or widths on center. c) They shall not impair significantly the strength of the construction. d) Concrete cover for pipes and fittings shall not be less than one and one-half(1-1/2") inches for concrete exposed to earth or weather, nor three-fourths (3/4") inches for concrete not exposed to weather or in contact with ground. D. Construction Joints 1. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. 2. Vertical construction joints shall be thoroughly wetted and coated with neat cement grout immediately before new concrete placement. 3. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. 4. Construction joints in floors shall be located near the middle of spans of slabs, beams, or girders, unless a beam intersects a girder at the middle location, in which case joints in the girders shall be offset a distance equal to twice the width of the beam. 5. Provision shall be made for transfer of shear and other forces through construction joints. 6. Beams, girders, or slabs supported by columns or walls shall not be cast or erected until concrete in the vertical support members is no longer plastic. 7. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. 8. Structures containing liquids shall have all exterior walls and bottom slab joints constructed with water stops and/or seals. When prevention of contamination and/or control of leakage is necessary at exterior or interior wall/slab, water stops and/or seals shall be provided at joints. 9. Horizontal joints in walls less than twelve feet high are not to be located for contraction or expansion, but for construction only. Such horizontal wall joints shall be minimal and as approved by the Engineer only. Triangular fillet seals should be made on liquid-face when leakage control is necessary. 10. Vertical joints in walls shall be located at points of no shear. Joints shall be constructed with water-stops and fillet seals where control of leakage is required. 11. Where slabs are cast in two separate lifts, joints are to be staggered. All joints shall be located at positions of no shear. 12. Longitudinal keys at least one and one-half(1-1/2") inches deep shall be provided in all joints in walls and between walls and slabs or footings. E. When joints are not indicated on plans, Contractor shall supply shop drawings clearly indicating all joints in any part of the structures, sequence of pours and time lapse for control ITEM 200-STRUCTURAL CONCRETE of shrinking, for approval by the Engineer. No intermediate joints will be allowed other than those on the approved shop drawings without the express approval of the Engineer. 200.08 -PATCHING AND SURFACE FINISH After forms are removed, the Contractor shall remove all concrete fins, projections and form ties. All surfaces which will remain exposed will be inspected by the Engineer and all voids, stone pockets, tie holes, honeycombed and defective areas shall be patched as directed. The patching mortar shall be sand-cement grout with sufficient white Portland Cement added to effect a match with the concrete surfaces. Areas to be patched shall be clean, free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into adjacent areas. Rub-Finish exposed vertical and battered surfaces from 6-inches below ground surface or from 6- inches below normal water level to top, except for small plinths and similar structures which extend less than 12 inches above finished grade. 200.09 -DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: A. Voids, rock pockets, honeycombing, and spalled areas which, in the opinion of the Engineer, cannot be satisfactorily repaired, will affect the strength of the structure materially, or will limit the life of the reinforcement. B. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. C. Concrete found structurally inadequate after thorough investigation according to Item 200.04.8, Subsections a through c. Upon discovery of any of these defects, the Engineer may declare the structure defective and require the Contractor to remove and replace the portion of the structure affected, at the Contractor's expense. 200.10-PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. ITEM 201 - REINFORCEMENT STEEL 201.01 -GENERAL This item shall govern deformed reinforcement; plain reinforcement; prestressing tendons; and reinforcement consisting of structural steel, steel pipe, or steel tubing as specified herein. Reinforcement to be welded is indicated on the drawings. Reinforcement of the specified ASTM steel, except for ASTM A-706, shall require a report of material properties conforming to "Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 201.02 -MATERIALS A. Deformed Reinforcement 1. Deformed reinforcing bars shall conform to one of the following specifications, except as provided in Section 1.b below. a) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement" (ASTM A-615), Grade 60. b) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-616), Grade 60. c) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. d) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement" (ASTM A-706). 2. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. a) For ASTM A-615, and A-617,yield strength shall correspond to that determined by tests on full size bars. b) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 degree bends of full-size bars around pins with diameters specified in Table 1. If#14 or#18 bars meeting these specifications are to be bent, full-size bar specimens shall be bend tested 90 degree at a minimum temperature of 60° F around a 9db pin without cracking of the bar. However, if#14 and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 degrees with other criteria the same as for 90 degrees. TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and#5 3-1/2db #6, #7, and#8 5db #9, #10, and#11 7db #9, #10, and #11 5db(of Grade 40) ITEM 201 - REINFORCEMENT STEEL 3. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). 4. Deformed wire for concrete reinforcement shall conform to "Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). 5. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). B. Plain Reinforcement 1. Plain bars for spiral reinforcement shall conform to the specification listed in Section 1.a. (1), (2), or (3) including additional requirements of Section 1.b. 2. Smooth wire for spiral reinforcement shall conform to "Specification for Cold-Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). 3. Welded smooth wire fabric for concrete reinforcement shall conform to"Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). C. Prestressing Tendons 1. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of the following specifications: a) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete" (ASTM A-421). b) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). c) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete" (ASTM A-722). 2. Wire, strands, and bars not specifically listed in ASTM A-421, A-416, or A-722 may be used provided they conform to minimum requirements of these specifications and do not have properties that make them less satisfactory than those listed in ASTM A-421, A-416, or A-722. D. Structural Steel, Steel Pipe, or Tubing 1. Structural steel shall conform to one of the following specifications: a) "Specification for Structural Steel" (ASTM A-36). b) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). c) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel" (ASTM A-441). d) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. e) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). 2. Steel pipe or tubing shall conform to one of the following specifications: a) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). ITEM 201 - REINFORCEMENT STEEL b) "Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" (ASTM A-500), Grade B. c) "Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing" (ASTM A-501). 201.03 -SIZES AND WEIGHTS The nominal sizes and areas, and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 201.04 -BENDING Bending of deformed reinforcement bars shall conform to Section 7.3- Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans. All bending of hard grade new billet and rail steel bars shall be done in the shop; other grades shall preferably be bent in the shop. Bends shall be made around pins;the diameter of pins shall be not less than four (4) times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 201.05 -STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports, and shall be protected from mechanical injury and from deterioration by exposure to the weather. When placed in the work, the reinforcement shall be free from dirt, loose rust, scale, paint, oil, or other foreign material. 201.06 -SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14 - Splices of Reinforcement of ACI 318 latest version. No splices of bars, except when shown on the plans, will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code, and shall be well distributed or else located at points of low tensile stress. The spacing between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of the reinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceeding three-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh, i.e., the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 201.07 -REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification on account of any of the following: A. Reinforcement exceeding the allowable variations in size or weight. B. Reinforcement with bends not in conformity with the details. C. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at time of placing in the work. ITEM 201 - REINFORCEMENT STEEL D. Twisted bars. 201.08 -DETAILING A. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. B. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. C. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown, the diameter of the hook shall equalsix (6) times the bar diameter for bar sizes #3 through #8 and 8 times for#9, #10 and #11, with a straight length of bar at the end of the hook equal to four(4)times the bar diameter, or 2-1/2" minimum, whichever is greater. 201.09 -PLACING REINFORCEMENT Placement of deformed reinforcement bars shall conform to Section 7.5-Placing Reinforcement of ACI 318 latest version. Reinforcement, before being placed, shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond with the concrete. When there is a delay in concreting operations and the reinforcement has been in place in excess of two(2) days, it shall be re-inspected and, when necessary, cleaned. Metal reinforcement shall be accurately positioned and dimensioned in accordance with the plans and specifications. The bars and mesh shall be tightly secured against displacement by using annealed wire of not less than No. 16 gauge and suitable clips at intersections. The reinforcement shall be supported in a manner that will keep all metal away from the interior surfaces of forms, or the surface against which the concrete is placed, in accordance with the "clear" dimensions as shown on the plans or as specified single layer reinforcement in slabs shall be placed at mid-depth unless otherwise dimensioned in plans. Nails shall not be driven into the outside forms to support reinforcement, nor shall any other device for this purpose come in contact with outside form, except that wood strips shall be inserted between the reinforcement and the forms at intervals to maintain the required clear distances between the reinforcement and the outside surfaces of the concrete. These wood strips shall be pulled up and removed as the level of the concrete rises in the forms. In the case of slabs and beams, metal chairs, spacers, and other metal accessories necessary to provide the required clear distances and proper alignment and spacing between bars shall be used subject to the approval of the Engineer. Precast concrete blocks wired to the reinforcing bars will not be permitted as supports or spacers. 201.10 -CONCRETE PROTECTION FOR REINFORCEMENT Concrete protection of deformed reinforcing bars shall conform to Section 7.7 Concrete Protection of Reinforcement of ACI 318 latest version. Concrete cover as protection of reinforcement against weather and other effects is measured from the concrete surface to the outmost surface of the steel to which the cover requirement applies. Where minimum cover is prescribed for a class of structural member, it is measured to the outer edge of the stirrup, ties, or spiral if transverse reinforcement encloses main bars; to the outmost layer of bars if more than one layer is used without stirrups or ties; to the metal end fitting or duct on post-tensioned prestressing steel. Concrete protection of prestressing tendons shall conform to Section 7.7.3 - Prestressed Concrete of ACI 318 latest version. ITEM 201 - REINFORCEMENT STEEL 201.11 -PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.01 - DESCRIPTION This item shall govern the construction of water mains, sanitary sewers, and under drains, complete in place. This item provides for all clearing and grubbing, excavation, tunnelling, sheeting, bracing, embedment, connecting to new or old work, laying,jointing, excluding water, backfilling, tamping, and removal and replacement of street surfaces; and the furnishing of all materials, equipment, tools, labor, and incidentals for complete line construction. Point repairs to existing water or sewer lines are excluded from work under this item, except insofar as the items providing for point repairs may refer to this item. 400.02 - MATERIALS As specified elsewhere in the Technical Specifications. 400.03 - SEQUENCE OF WORK All gravity sewer lines shall be laid beginning at the downstream connection to existing facilities. When construction involves a main trunk having lateral or tributary lines, the latter shall not be started until the main trunk has been built to the point of their junction unless otherwise approved by the Engineer. All appurtenances shall be constructed as soon as the pipeline they serve is constructed to their location, rather than constructing them in advance or postponing construction. However, if construction reaches a point requiring installation of an appurtenance for which the materials are not immediately available, upon approval of the Engineer, the Contractor shall provide sufficient space for installation at a later time. The open ends of pipe shall be properly sealed and backfilled. The Contractor shall excavate the trench to finish grade fifty (50') feet to one hundred (100') feet ahead of the end of the completed pipeline. No excavation shall be performed farther than three hundred (300')feet beyond the completed pipeline, except for isolated excavations which may be required to locate existing utilities. These limitations shall not apply to tunnel installations. Each tunnel required by the plans and specifications shall be excavated, lined, and back packed for its entire length before laying pipe through the tunnel. For any tunnels constructed at the Contractor's option, the work sequence shall be as approved by the Engineer. 400.04 - PUBLIC CONVENIENCE AND SAFETY Materials stored about the work shall be so placed, and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work, or prevent free access to all fire hydrants; water and gas valves; manholes for telephone, telegraph, signal, or electric conduits; sanitary or storm sewers; and fire alarm or police call boxes in the vicinity. The Contractor shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private driveways for the free passage of pedestrians and vehicles. Where bridging ITEM 400- UNDERGROUND PIPING CONSTRUCTION is impractical or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. At no time shall more than two (2) blocks be closed to traffic. Where practical,the Contractor shall leave at least two (2)access routes open to any residential or commercial area. If pipe line construction or construction traffic creates a need for dust control, as along dirt streets, the Contractor shall at his own expense perform all necessary sprinkling as directed by the Engineer. The Owner reserves the right to remedy any neglect on the part of the Contractor regarding public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor. In cases or emergency, the Owner shall have the right to remedy any neglect without notice. In either case, the cost of such work done by the Owner shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Engineer and the local street or road department forty-eight (48) hours in advance (excluding Saturdays, Sundays, and holidays) of the closing or obstruction of any street. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. 400.05 - BARRICADES, LIGHTS, AND WATCHMEN Where the work is being performed in or adjacent to any street, alley, or public place, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals; shall provide such watchmen; and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be recently painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain adequate lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work at all times from vandalism or related instances. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it. Whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. 400.06 - PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property for any purpose without previously obtaining permission from the property owner. The Contractor shall notify the proper representative of any public utility, corporation, company, or individual not less than forty-eight(48) hours in advance of any work which might damage or interfere with the operation of their facilities along or adjacent to the work. ITEM 400- UNDERGROUND PIPING CONSTRUCTION The Contractor shall be responsible for the preservation of all public and private property along or adjacent to the work, including trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; drainage facilities; and all underground or above ground utilities. Any pavement or sidewalks which must be removed shall be replaced according to Sections 400.16 and 400.17. The Contractor shall be responsible for all direct or indirect damage to property of any character resulting from any act, omission, or negligence in execution of the work;from non-execution of the work; or from defective work or materials. When any such damage occurs, the Contractor shall restore the affected property to a condition at least equal to its condition prior to the damage, or shall fully compensate the property owner. Such restoration shall be at the Contractor's expense, except for any items specifically designated in the plans and specifications. The Owner may, upon forty-eight (48) hours written notice (or without notice when a nuisance or hazardous condition occurs), proceed to restore any property damage which the Engineer deems necessary. The cost of such restoration will be deducted from any monies due or to become due the Contractor under this contract. If the Contractor discovers that existing utilities present obstructions to construction of lines or appurtenances, he shall immediately notify the Engineer. The Engineer will determine without delay whether existing improvements should be relocated, or whether the grade and/or alignment of the line should be changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor will make necessary arrangements with the owner-operator of utilities. The Owner will not be liable for damages on account of delays due to changes made by owner-operator of privately owned utilities which hinder progress of work. The Owner will not be liable for cost incurred in relocatingutility service poles, services, and appurtenances (unless specifically designated for payment). 400.07 -CLEARING AND GRUBBING All trees, stumps, brush, roots, logs, rubbish, and other objectionable material in the path of the storm sewer,water line or sewer line shall be removed and disposed of in a manner satisfactory to the Engineer, without any extra compensation to the Contractor. 400.08 -TEMPORARY SEWER AND DRAIN CONNECTIONS When existing sewers or drains have to be taken up or removed, the Contractor shall take care of all sewage or drainage from these facilities. For this purpose the Contractor shall provide and maintain, at his own expense, all necessary temporary connections, outlets, diversions, and pumping facilities. The Contractor shall dispose of all drainage and sewage from these facilities until the permanent connections are built and put into use, unless otherwise provided for in these specifications or as directed by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.09 -TRENCH EXCAVATION 1. General. The Contractor shall excavate the trench to finish grade at least fifty (50') feet ahead of pipe laying unless physical conditions make this impractical. Bell holes shall be excavated in advance of pipe laying. If a trenching machine (not a backhoe) is used to excavate the trench for a waterline, with Engineers approval, selected loose, fine excavated material may be used in lieu of sand embedment around the pipe. 2. Sewers. The ground shall be excavated by the open trench method to the required depth, line, and grade as indicated on the drawings. Excavated material shall not be removed from the site of work until backfilling is completed, except by permission of the Engineer. The sides of the trench shall be vertical to a point not less than twelve(12") inches above the top of the sewer pipe. The sides of the trench shall be between six (6") and eight(8") inches outside the pipe for pipe sizes ten (10") inches or less; and between eight (8") inches and twelve(12") inches outside the pipe for sizes larger than ten (10") inches. The bottom of the trench shall be excavated a minimum of four (4") inches below required grade and refilled to grade with thoroughly compacted select material bedding. 3. Water Mains. Trench requirements for water mains shall be the same as for sewer lines. 4. Other Trench Designs. If the specifications for the type of pipe being used contain special trench requirements, those requirements shall be followed in lieu of Subsection 2 or 3 above. 5. Unstable Soils. If unstable material is encountered at the bottom of the trench, the Contractor shall undercut and stabilize the trench with suitable materials such as shell or cement stabilized sand (one (1) sack cement per ton, or Class I embedment material in accordance with Item 500 and at the direction of the Engineer. 6. Locating Intersecting Pipes. Before laying a segment of line, the Contractor shall attempt to locate all utilities which might interfere with the proposed alignment and grade. He shall locate and excavate in advance all water lines, sewer lines, service lines, and appurtenances to which the proposed line will be connected, so that the Engineer can make any necessary adjustments in alignment or grade. The owners of all utilities crossing or closely paralleling the proposed alignment shall be notified in advance of construction. 7. Dewatering A. Under no circumstances shall surface water be allowed to flow in the trench. When ground water exists in the trench, the Contractor shall make attempts to drain it away from the pipe laying area or pump it out of the trench. Where necessary in the opinion of the Engineer, the Contractor shall dewater the trench by the well point method. The Contractor may also use well pointing at his option in other locations. If quicksand or water sand conditions appear in the trench bottom, the Contractor shall ITEM 400- UNDERGROUND PIPING CONSTRUCTION undercut the trench and replace it with Class I embedment as follows: Angular, 1/4 to 1-1/2 inch graded stone including crushed stone, crushed shells, slag, cinders, etc. B. Trench Dewatering. Trench dewatering is sufficient removal of groundwater to keep an excavation reasonably dry. This means dry enough to eliminate the need for any special bedding and insure safe installation of the carrier pipe. The groundwater table shall be kept a minimum of two feet(2') below the bottom of the excavation. (1) Well Points. Where well points are used to dewater the trench the maximum allowable spacing shall be six feet (6') center to center. The minimum allowable depth of well points shall be equal to the depth of the excavation plus five feet(5'). Well points shall be set deeper if necessary to draw the groundwater down below the bottom of the excavation. Well points shall have metal well screens a minimum of two inches (2") in diameter and three feet (3') long. The well screens and riser shall be surrounded by filter sand up to the water table and the space above shall be sealed with clay. Two inch (2") diameter piezometers shall be installed at 250 foot centers to establish the extent that dewatering is necessary. At least one volume of water shall be ejected from the piezometer and then allowed to recharge prior to each groundwater measurement taken. (2) Deep Wells. Deep wells may be used as a means of trench dewatering provided the following information is submitted to the Engineer for his approval. (a) A certified well draw down curve prepared by a registered professional geotechnical engineer. Information to be submitted with the draw down curve shall include the type and classification of the soil to be dewatered, permeability of soil, and all information necessary for preparing curve. (b) Proposed well construction details including size of casing, type of pump, depth of well, filter material, screen details, and all other details necessary for well construction. (c) The rate of draw down of the groundwater table. Two inch (2") piezometers shall also be installed in the same manner as for well points to measure the groundwater table. The Engineer will use the draw down curve submitted above along with the groundwater table elevations to determine the maximum allowable spacing of the deep wells. (3) Other Methods. Other methods of trench dewatering may be used provided prior approval has been obtained from the Engineer. C. Dewatering of Tunnels. All tunnels and access pits shall be kept free of groundwater and surface water at all times. Method to be used shall be as approved by Engineer. Any cost incurred for dewatering of tunnels and access pits shall be included in the cost of installing the tunnel liner with no extra compensation. ITEM 400- UNDERGROUND PIPING CONSTRUCTION D. Settlement. Prior to performing any dewatering,the Contractor shall take all necessary precautions to insure that the dewatering operation does not cause structures near the excavation to settle. 400.10 -SHEETING AND BRACING The Contractor shall provide all sheeting and bracing necessary for the protection of the work, employees, or any existing utilities or structures. No such sheeting shall be removed from below the spring line of the pipe after the pipe has been backfilled to this level. In the event the soil conditions are such that the Contractor should desire to leave such sheeting above the spring line in place, he shall secure the permission of the Engineer to do so. The cost of any necessary sheeting or bracing, whether left in place or removed, shall be included in the unit price of the pipe being laid. 400.11 - LAYING PIPE The Engineer will establish such general reference points and construction stakes as in his judgment will enable the Contractor to proceed with the work. The Contractor will be responsible for the layout of the work from these stakes and will protect and preserve the established reference points and construction stakes and will make no changes or relocations without prior written approval. He will report to the Engineer whenever any reference point or construction stake is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points and construction stakes so lost, destroyed, or moved. All pipe lines must be laid in a straight line, unless otherwise shown on the drawings, and with the flow line of the pipe accurately placed to the grade and alignment fixed by the Engineer. A joint shall be located within two (2) pipe diameters (thirty (30") inches maximum) outside the walls of each proposed manhole or junction box, both upstream and downstream. Joints shall also be placed near other rigid connections, or near the ends of pipe casings, when recommended by the manufacturer or by the appropriate ASTM specification. No variation from true and even grade, alignment, and invert will be permitted except to avoid existing underground main service lines of utilities, and then only upon the written permission of the Engineer, signed by him personally, should he find such deviation to be desirable and not detrimental to the pipe line. All pipes shall be laid with the spigot-end or tongue end downstream entering the bell or groove to full depth. Care shall be taken in placing pipe to prevent any earth being dragged into or left in the annular space for sealing of the joints. After the trench has been carefully graded and all bell holes excavated, the trench must receive the approval of the Inspector before any pipe is placed therein. Each piece of pipe shall be examined for defects and cut to the correct lengths. The interior surface and the bell and spigot shall be thoroughly cleaned of all foreign material prior to placing same in the trench in an approved manner. The pipe, valves, fittings, etc., shall be adjusted so as to be at their proper locations and then each spigot properly fitted into position. Each length of pipe shall rest on the bottom of the trench ITEM 400- UNDERGROUND PIPING CONSTRUCTION throughout its entire length. Joints shall be as specified in the 500 series material technical specifications as provided herein. Instructions for jointing pipes with special couplings shall be in strict conformity with the Manufacturer's printed instructions. If a defective piece of pipe furnished and placed by the Contractor should collapse, the Contractor shall furnish at his expense all labor and materials required for removing and replacing the defective pipe and restoring the street or other surface to its condition prior to the failure of the pipe. All pressure piping shall have thrust blocks installed as designated on the drawings. 400.12 - PLUGGING ENDS Before leaving the work for the night, or at any time, any openings in the pipeline shall be securely closed with a tight fitting plug. Cost of plugging pipe ends shall be included with the cost of installing the pipe. 400.13 - PROTECTIVE COATINGS All metal, bolts, and nuts shall receive a protective coating with an asphaltic compound acceptableto the Engineer before backfilling. Surface preparation shall be in accordance with the coating manufacturer's recommendations. 400.14 -TIME OF BACKFILLING Backfilling shall begin as soon as the joints have been completed and all protective coating applied. All open trenches shall be completely backfilled before the work day ends, unless otherwise directed by the Engineer. 400.15 - BACKFILLING OF TRENCH 1. Lower Portion of Trench (initial backfill). Care shall be taken to see that no dirt clods or trench sides are allowed to fall and/or rest against the pipe prior to completion of the sand encasement. a. Sewer Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point twelve inches (12") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. b. Water Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point six inches (6") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 2. Upper Portion of Trench (final backfill). From the six(6")or twelve(12")inches above the top of the pipe upward, the type of backfill for various locations shall be as follows: a. Concrete or Asphalt Pavement. The trench shall be filled to two (2") inches below the bottom of the existing flexible base(or concrete pavement)with a mixture of clean sand and 1-1/2 sacks of cement per cubic yard. This material shall be placed in layers not more than six (6") inches thick and thoroughly tamped by mechanical or hand tamping, as directed by the Engineer. The Contractor may use,with prior approval from the Engineer, select native material in lieu of the sand-cement mixture. The select native material must be compacted to 90% density as measured by the Standard Proctor Density Test. Cost of testing shall be borne by the Owner. No further backfill is required for concrete pavement. Flexible base shall be replaced to the bottom of the pavement with a compacted base material, consisting of crushed limestone, iron ore gravel, or a sand-shell mixture. This requirement shall apply to all trenches running underneath surfaced streets, whether crossing the pavement or running along the street. b. Unsurfaced Streets. The trench shall be backfilled with selected loose, fine excavated material by means of water tamping or power tamping. The Engineer may require power tamping for heavily traveled streets. In using water tamping, the trench shall be filled to ten (10") inches below the surface with the loose fine material in even layers not exceeding eighteen (18") inches in thickness of loose material and immediately flooded to complete saturation and left undisturbed for three(3)days. The trench shall then be refilled and flooded again using poles to insure penetration of water to full depth of the trench. This flooding shall continue until there is no further settlement. Power tamping will be permitted only where the trench and backfill material are dry enough to permit satisfactory compaction. Backfill shall be placed in the trench in layers not exceeding twelve (12") inches in thickness. The top ten (10") inches of the trench shall be backfilled with shell or crushed limestone. On completion of the tamping, all of the excavated material shall be substantially replaced in the trench deducting the space occupied by the pipe, bedding, and shell or limestone. Compaction in all levels from six(6") inches or twelve(12") inches above the top of pipe to ten (10") inches below grade shall be not less than ninety (90%) percent of the maximum density value as determined by the "Standard Laboratory Method for Compaction and Density of Soil, AASHTO Designation T-99". The above procedure for unsurfaced streets shall apply in trenches runn ing in and parallel to and running across the normally maintained portion of the road or street right-of-way. c. Trench Within Right-of-Way, but Outside Pavement. Trenches within the right-of-way ofa surfaced street shall be backfilled according to the procedure for an unsurfaced street, except that the shell or crushed limestone in the top ten (10") inches of the trench shall be placed only in driveway crossings, roadway shoulders, and other areas where there ITEM 400- UNDERGROUND PIPING CONSTRUCTION will be light traffic. Where the shell is omitted the ground shall be restored to its original condition by the replacement of grass or any other improvement which existed before the construction or which are shown on the plans to be constructed. d. Trenches Away from Streets. Whenever the trench is not in a street but in an easement or plant area, which is not traveled, the backfill procedure shall be the same as for an unsurfaced street, except that the top ten (10") inches of shell or crushed limestone shall be omitted. 400.16 - REMOVAL AND REPLACEMENT OF STREET OR DRIVEWAY SURFACES OR SIDEWALKS AND INSTALLATION OF NEW SIDEWALKS When any portion of a street, driveway, or parking lot surface must be removed for the installation of lines or appurtenances, the Contractor shall remove and replace the pavement as specified below. 1. Concrete Pavement (with or without asphalt overlay).. The pavement shall be removed to a distance not less than twelve inches (12") back from a firm bank of the trench excavation. The Contractor shall not use equipment to cut trenches in existing pavements which will strike a heavier blow than is usual with a hand pavement breaker operated from an air compressor. The edges of the cut shall be trimmed so as to leave a vertical face of sound, unfractured pavement. If concrete pavement without overlay is encountered, the top three(3")inches shall be saw cut. Replacement of concrete pavement shall be according to the details in the plans. Unless otherwise specified, concrete pavement shall be replaced to its original depth plus two inches. All replaced pavement shall be finished in a neat and workmanlike manner and protected and cured as its nature may require. Any asphalt overlay shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 2. Flexible Base Asphalt Pavement. The pavement and flexible base shall be removed to a distance not less than twelve (12") inches back from a firm bank of the trench excavation. The edges of the cut shall be smooth and vertical.The base shall be replaced to its original depth plus two (2") inches. The surface shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 3. Curb and Gutter. If the Contractor removes any curb and gutter in order to install lines or appurtenances, he shall replace it at his own expense. The replacement curb and gutter shall be similar to that removed, and shall be at least equal in quality. 4. Concrete Sidewalks. The Contractor shall replace at his own expense any concrete sidewalk removed or damaged during line construction. The replacement sidewalk shall be of the same width and thickness as that removed, and shall be at least equal in quality. New sidewalks shall be of the same width, thickness and quality as adjacent sections of replacement sidewalk. 5. Time of Replacement. The Contractor may replace concrete or asphaltic pavement immediately after completion of trench backfilling, or he may wait until the line has passed an ITEM 400- UNDERGROUND PIPING CONSTRUCTION exfiltration test. If pavement replacement is not made within seventy-two (72) hours after backfilling, the Contractor shall restore and maintain the roadway at his own expense until the time of replacement. For this purpose he shall provide enough temporary base material and/or surfacing to bring the roadway up to grade. Curbs, gutters, and sidewalks shall be replaced without undue delay. 400.17 -SPECIAL CROSSINGS 1. Major Streets a. General. Crossings of major streets shall be made by the open-cut method. The Contractor shall notify the street superintendent for the Owner at least two (2) days prior to beginning construction of crossings. The Contractor shall maintain all necessary barricades, signs, flares and flagmen for traffic protection, and shall restore the site to its original condition. b. Construction Methods. The Contractor shall saw cut the existing asphalt surface full depth a minimum 12" outside the required trench width of the size pipe being installed prior to excavation. After installation of the proposed line, the contractor shall backfill the trench with cement stabilized sand containing 1 1/2 sacks of cement per cubic yard compacted in place. Replacement of asphalt shall be in accordance with Item 400.17. 2. Stream Beds. Where shown on the plans or designated by the Engineer, the Contractor shall encase the line in quick-set concrete as specified in Item 200 (3000 psi, 2" max. aggregate size). The encasement shall extend a minimum of six (6") inches outside the pipe in all directions. The trench shall be dewatered if necessary, and the trench bottom shall be firm enough to prevent settlement of the concrete. 3. Streams and Ditches. Water and sewer lines which cross streams or ditches above the flow line shall be constructed according to the plans, or as directed by the Engineer. 4. Crossings (or Parallel Construction) of Water and Sewer Lines. All crossings or parallel construction of water and sewer lines shall conform to section 290.44 Water Distribution, of Chapter 290, Rules and Regulations for Public Water Systems as adopted by the Texas Water Commission, effective March 1, 1993. These requirements shall apply whether the water line, the sewer line, or both are new construction. 5. Casing Section. Casings shall be steel pipe, coated on the outside with coal tar epoxy (20 mil minimum thickness). Minimum thickness shall be for I.D. less than 24", 5/16" for I.D. 24" and larger. The diameter (if not specified in plans and specifications) shall be sufficient to allow installation of the carrier pipe (including joints). Any joints in casing shall be welded. Casing may be installed by trenching except where boring is specified. Boring shall be in accordance with the latest Texas State Department of Highways Standard Specifications, unless otherwise specified. 400.18 - EXCESS EXCAVATION ITEM 400- UNDERGROUND PIPING CONSTRUCTION Excess excavation shall be hauled to and placed on properties designated by the Owner. Once each week the Contractor shall spread the deposited excavation at the site as directed by the Owner. If no site is designated by the Owner,then it shall be the responsibility of the Contractor to dispose of this material in a safe and legal manner. 400.19 - INFILTRATION AND/OR EXFILTRATION AND TESTING Infiltration and/or exfiltration in gravity sanitary sewer lines shall not exceed two hundred (200) gallons per inch of diameter per day per mile of pipe. Sewer lines shall be tested for exfiltration according to Item 450 of these specifications. Water lines shall be sterilized and tested in accordance with applicable specifications. 400.20 - CLEAN-UP The Contractor shall remove from the work site all temporary structures, rubbish, and waste material including all excess excavated materials. The completed clean up shall not be greater than one thousand (1000') feet behind the pipe laying operation. Pipe laying operations will be suspended temporarily if completed clean up is further behind than one thousand (1000') feet. Clean-up requirements shall also apply to any public or private property used by the Contractor for constructing the project, such as temporary storage or field office sites. 400.21 - PAYMENT Pipe will be measured by the linear foot of pipe complete in place. Such measurement will be made between the ends of the pipe barrel along the center axis as installed. The cost of connecting bands or couplings, as in the case of asbestos cement pipe, shall be included in the unit price of pipe. Special fittings, such as tees, bends, etc.,which have unit cost set up in the Bid Proposal shall be deducted from the total length of pipe. When pipe is to be paid for according to depth, the depth will be measured from natural ground to the invert of the pipe. Measurements will be taken at 200-foot intervals, or more often if the terrain requires it. Those materials, i.e. sand, 60/40 mix and cement stabilized material used in the bedding and backfill and which are required by Item 400, Item 500 or by the specifications of the pipe manufacturer will not be pay items. The cost of materials and installation will be included in the price bid per linear foot for pipe. All special embedment materials as described in 400.9.7 if ordered by the Engineer shall be paid for at the unit price bid per cubic yard based on quantities taken from truck tickets. Pipe construction will be paid for according to the applicable unit bid prices as follows: Water or sewerline (general) Linear foot of specified size, type and depth or other classification. ITEM 400- UNDERGROUND PIPING CONSTRUCTION Water or sewerline embedded in concrete Same as general, embedment will be separate pay item. Pipe laid in tunnels and casing Unit price for pipe per linear foot in tunnel or casing. The following items will be paid for at the appropriate unit price,where shown on the bid proposal. Otherwise no separate payment shall be made. Tunnel or casing installation Unit price bid per lineal foot for tunnel or casing. Dewatering of trenches by well point Unit price bid per linear foot of trench if Engineer gives prior approval. No separate payment for other dewatering methods. Replacement of sidewalks, driveway cuts Unit price bid per linear foot. and placement of new sidewalks Replacement of street surfacing Unit price bid per linear foot for type of street. Manholes and prefabricated bends Unit price bid per each. Bends will be included with pipe footage and will not be a separate pay item. No separate payment shall be made for the following work in connection with tunneling and casing. Access pits for tunnels, shoring of pits, furnishing and installing of liner or casing, backpacking, grouting, lighting, ventilation, and disposal of excavated material. ITEM 405-PIPE BURSTING/CRUSHING 405.01 -GENERAL This specification defines the approved methods and materials for the rehabilitation of existing gravity sewer lines by the Pipe Bursting or Pipe Crushing (Pipe Bursting/Crushing) process. The Pipe bursting process is defined as the reconstruction of gravity sewer pipe by installing an approved pipe material. Essentially the process involves the use of a hydraulic"moling"device or pneumatic hammer, suitable sized to break out the old pipe or using a modified boring "knife" with a flared plug that implodes and crushes the existing sewer pipe. Forward progress of the "mole" or the"knife"may be aided by the use of a hydraulic winch. Pipe bursting by static pull method is also acceptable. The replacement pipe is either pulled or pushed by means of hydraulic force into place, size on size and/or upsizing. 405.02-MATERIAL SPECIFICATIONS A. Solid Wall Polyethylene Pipe (HDPE). 1. The replacement pipe shall be manufactured from a high density high molecular weight polyethylene resin which conforms to ASTM D-1248 and meets the requirements for Type III, Class A, Grade P34, Category 5, and has a PPI rating of PE 3408, when compounded. The pipe produced from this resin shall have a minimum cell classification of 345434D or E (inner wall shall be light in color) under ASTM D3350. Before beginning work, the Contractor shall submit to the Engineer for approval, the vendor's specific technical data with complete physical properties of pipe and pipe dimensions pertinent to this job. A certificate of "Compliance with Specification" shall be furnished for all materials to be supplied. 2. The outside diameter and minimum wall thickness shall conform to dimensions listed in Table I and shall be measured in accordance with ASTM D-2122. TABLE I POLYETHYLENE REPLACEMENT PIPE DIMENSIONS IPS MINIMUM MINIMUM WALL THICKNESS NOMINAL OD (Inches) OD (Inches) (Inches) SDR 21 SDR 19 SDR 17 SDR 11 6 6.625 .315 .349 .390 .602 • 7 7.125 .340 .375 .419 .648 8 8.625 .411 .454 .507 .784 10 10.750 .512 .566 .632 .977 12 12.750 .607 .671 .750 1.159 14 14 .667 .737 .824 1.273 16 16 .762 .842 .941 1.455 3. The SDR Classification for various depths shall be as follows: The Standard Dimension Ratio (SDR), which is the ratio of the outside diameter (OD) of the pipe to its minimum wall thickness, shall be specified for the various depths listed in Table II. Depth shall be measured from the upstream and downstream rim to the invert of the existing sewer in the pipe segment to be replaced. The SDR shall be selected for the deeper of the two manholes for a given pipe segment. ITEM 405-PIPE BURSTING/CRUSHING TABLE II POLYETHYLENE REPLACEMENT PIPE SDR (Applicable SDR for Depth Range) HDPE PIPE SDR MAXIMUM DEPTH (FEET) 21 10 19 15 17 20 11 OVER 20 4. Use of Clamp and Encasement Where excavations for the insertion of the replacement pipe are made between two manholes, the ends of the HDPE will be cut smooth and square to the axis, so that it can be joined in a workman like manner such that both ends meet and touch uniformly and continuously. An all stainless steel (including bolts and lugs) full circle "ROMAC" clamp with internal stiffeners shall be used. Clamps shall be selected to fit the outside diameter of the replacement pipe. Minimum clamp widths shall be provided in accordance with Table III. OUTSIDE DIAMETER OF LINER PIPE MINIMUM WIDTH OF CLAMP (Inches) (Inches) 7.125 or less 15 8.625 18 10.750 or Greater 30 405.05 -BACKFILL At all points where the polyethylene pipe has been exposed, such as at the insertion shafts, at service connection fittings, or other points where the old pipe must be removed, the polyethylene pipe and fittings shall be encased in cement stabilized sand or other high density material as specified by the Owner's Representative to prevent deflection due to earth loading or subsidence. At this point, in preparation for the placing of the encasement material, debris and soil shall be removed along each side of the existing pipe down to the spring line. After the encasement material is in place and accepted by the engineer, backfill is placed and compacted to required finished grade in accordance with the Owner's Representative's specifications. Particular care shall be taken to ensure compaction of earth beneath the lateral pipe in order to reduce subsidence and resultant bending at the lateral connection at the sewer main. 405.06 -PRE-INSTALLATION PREPARATIONS The Contractor shall submit a work plan to the Engineer for review and acceptance.The work plan shall address the following minimum preparation/steps, unless approved otherwise by the Engineer. A. Safety The Contractor shall carry out operations under this section in strict accordance with all applicable OSHA Standards. Particular attention is drawn to those safety requirements involving work on an elevated platform and entry into a confined space. It shall be the Contractor's responsibility to comply with OSHA Standards and Regulations pertaining to all aspects of the work. ITEM 405-PIPE BURSTING/CRUSHING B. Bypassing Sewage When required for acceptable completion of the pipe bursting/crushing process, the Contractor shall provide for continuous sewage flow around the section(s) of pipe designated for the installation of replacement pipe. The pump bypass lines shall be of adequate capacity and size to handle the flow in accordance with Item 411, Sewer Flow Control. C. Pre-Installation Video Inspection. Television inspection of existing pipelines shall be performed by experienced personnel trained to operate closed circuit color television equipment. Television inspection shall include the following: • Videos shall be submitted to the City/Engineer. • Videos will remain the property of the City. • Video of the existing sewer shall have the appropriate stationing indicated for each service. Data and stationing to be shown on the video. • Should any portion of the inspection video be of inadequate quality or coverage, the Contractor shall have the portion re-inspected and video taped at no additional expense to the City. 405.07 -INSTALLATION PROCEDURES The Contractor shall submit information, in detail, of the procedure and the steps to be followed for the installation of the pipe bursting/crushing method selected, even if the process is named in the specification. All such instructions and procedures submitted shall be carefully followed during installation. Any proposed changes installation procedures shall require submittal of revised procedures and acceptance by the Engineer. A. Finished Pipe The installed replacement pipe shall be continuous over the entire length of each pipe segment from manhole to manhole and shal► be free from visual defects such as foreign inclusions, concentrated ridges, discoloration, pitting, varying wall thickness and other deformities. Replacement pipe with gashes, nicks, abrasions, or any such physical damage which may have occurred during storage and/or handling, which are larger/deeper than 10% of the wall thickness shall not be used and shall be removed from the construction site. The replacement pipe passing through or terminating in a manhole shall be carefully cut out in a shape and manner approved by the Engineer. The invert and benches shall be streamlined and improved for smooth flow. The installed pipe shall meet the leakage requirements of the pressure test specified later. B. Pipe Jointing Sections of polyethylene replacement pipe shall be assembled and joined on the job site above the ground. Jointing shall be accomplished by the heating and butt-fusion method in strict conformance with the manufacturer's printed instructions. ITEM 405-PIPE BURSTING/CRUSHING The butt-fusion method for pipe joint shall be carried out in the field by operators with prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. These joints shall have a smooth, uniform, double rolled back bead made while applying the proper melt, pressure, and alignment. It shall be the sole responsibility of the Contractor to provide an acceptable butt- fusion joint. All joints shall be made available for inspection by the Engineer before insertion. The replacement pipe shall be joined on the site in appropriate working lengths near the insertion pit. The maximum length of continuous replacement pipe which shall be assembled above ground and pulled on the job site at any one time shall be 600 linear feet. C. Insertion or Access Pits The location and number of insertion or access pits shall be planned by the Contractor and submitted in writing for approval by the Engineer prior to excavation.The pits shall be located such that their total number shall be minimized and the length of replacement pipe installed in a single pull shall be maximized. Locations of damaged pipe shall be used for insertion pits ifdirected by the Engineer. The cost for diversion pumping required around an insertion pit, from a manhole upstream to a manhole downstream, shall be per applicable item of these specifications. Excavation for insertion pits shall not be paid for separately but shall be included in the unit price bid for pipe bursting/crushing. D. Process Limitations Though the installation process may be licensed or proprietary in nature, the Contractor SHALL NOT change any material, thickness, design values or procedural matters stated or approved in the submittals, without the Engineer's prior knowledge and preapproval. The Contractor shall submit, in writing, full denials about component materials, their properties and installation procedures and abide by them fully during the entire course of the project. All sewer rehabilitation by pipe bursting/crushing methods is being considered structurally equal processes as far as "end product" required by the City. The minimum required performance criteria, and/or standards, physical/structural properties, chemicals resistance tests, and the replacement pipe thicknesses as given in this specification shall be strictly complied. It shall be the responsibility of the Contractor to comply with the specifications in full without any request for any change after the award of the contract. The City reserves the right to accept, reject, or modify any later requests for change at no additional cost to the City or even to the extent of asking credit for the City. E. Post Construction Video Inspection Television inspection of the completed pipelines shall be performed by experienced personnel trained to operate closed circuit color television equipment. Television inspection shall include the following: • Videos shall be submitted to the City/Engineer. • Videos will remain the property of the City. • Video tape of the completed sewer shall have the appropriate stationing indicated for each service. Data and stationing to be shown on the video. • Should any portion of the inspection video be of inadequate quality or coverage, the Contractor shall have the portion re-inspected and video taped at no additional expense to the City. ITEM 405-PIPE BURSTING/CRUSHING 405.08 -SEALING AND BENCHES IN MANHOLE The replacement pipe shall be installed with a tight fitting seal with the existing or new manhole. Half-inch diameter activated oakum band soaked in Scotch seal 5600 or equal shall be applied circumferentially on the replacement pipe and encased with a cementitious mortar to prevent inflow at the manhole. The top half of the pipe within the manhole shall be neatly cut off and not broken or sheared off, at least four inches away from the manhole walls. The channel in the manhole shall be a smooth continuation of the pipe(s) and shall be merged with other lines or channels, if any. Channel cross-section shall be U-shaped with a minimum height of half pipe diameter to three- fourths of the pipe diameter for fifteen inches and larger. The side of the channels shall be built up with mortar/concrete, as specified, to provide benches at a maximum of 1 in 12 pitch towards the channel. Payment for above work shall be incidental to sewer rehabilitation by the pipe bursting/crushing method, since that payment is made from centerline to centerline of manhole(s). Separate payment shall be made if no line or manhole is rehabilitated but benches are required to be improved as above. The replacement pipe in the manhole shall be sealed as specified above before proceeding on to the next manhole section and all manholes shall be individually inspected for replacement pipe cut- offs, benches and sealing works. 405.09 -TESTING OF THE REPLACEMENT PIPE All costs for testing the replacement pipe by a pressure method will be incidental to the installation. A low pressure air test shall be required after the replacement pipe has been installed in the existing sanitary sewer main. A low pressure air test of the replacement pipe before it has been sealed in place at the manholes will be required before any service reconnections have been made. The purpose of this test is to check the integrity of the joints that have been made and to verify that the replacement pipe has not been damaged by inserting it into the sanitary sewer. Low pressure air test procedure will be as required in Item 450, Testing Sanitary Sewer Lines. 405.10-PAYMENT The unit price bid for rehabilitating the sewer main in the manner described shall be full compensation for all materials, labor, equipment, and incidentals required to install the replacement pipe within the sewer main, reworking the manholes inverts and benches, etc. Payment shall be for actual linear footage for replacement pipe installed in the field and shall be measured between the center lines of the manholes. All costs for testing the replacement pipe shall be considered incidental to the cost of rehabilitating the sewer.The Contractor shall be responsible for making adequate and suitable arrangements for any bypass pumping that may become necessary to prevent any backflow into houses or buildings, or onto the streets between the time the replacement pipe in installed and the service reconnections have been made, tested, and approved by the City. Bypass pumping shall be performed and paid in accordance with Item 411, Sewer Flow Control. Payment for service connections restored by excavation and reconnecting with approved fitting shall be made separately as per bid item. Excavation for service connection which is found plugged and no longer required shall be left as is, and paid as per appropriate bid item for Abandonment of Service Connection. Two or more service laterals from several houses coming at one point to thesewer (replacement pipe) through stacks, wyes and/or tees, shall be considered as one service connection. However, the Engineer may move/relocate such service connections so as not to exceed more than two houses per each new connection pipe. ITEM 405-PIPE BURSTING/CRUSHING All other payments shall be made as per bid items. No payment shall be made for work considered incidental or complimentary to a pay item already in bid item. The Contractor shall clarify, for his own benefit, all work required for any item, incidental or otherwise, prior to bidding. ITEM 410-SEWER LINE CLEANING 410.01 -GENERAL Since the success of the other phases of work depends a great deal on the cleanliness of the lines, the importance of this phase of the operation cannot be stressed too strongly. It is recognized that there are some conditions such as badly broken or eroded pipe or major blockages that prevent cleaning from being accomplished or where additional sewer line damage would be done if cleaning is attempted or continued. Should conditions of this nature be encountered, it shall be the decision of the Engineer as to whether or not those sections of sewer line shall be cleaned. 410.02-LIMITS OF WORK Sewer line cleaning shall be performed on those portions of the sanitary sewer line which is to be rehabilitated. 410.03-SEWER CLEANING The designated lengths of sewer line shall be cleaned using mechanically powered, hydraulically propelled, or high velocity sewer cleaning equipment, or by other means with the Engineer's prior approval. Selection of the equipment used shall be based on the conditions of the lines at the time the work commences. The equipment and methods selected shall be satisfactory to the Engineer. The equipment selected for cleaning shall be capable of removing dirt, grease, rocks, sand, and other deleterious materials and obstructions from the sewer lines and manholes. If the designated sewer cleaning cannot be successfully performed from the adjacent manhole, the Engineer may require the Contractor to attempt the designated cleaning from the opposite manhole. If, in the opinion of the Engineer, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and a point repair shall be made to remove the blockage. 410.04 -MATERIAL REMOVAL All sludge, dirt, sand, rocks, grease, and other solid or semi-solid material resulting from the cleaning operation shall be removed at one of the manholes of the section being cleaned. Passing material from manhole section to manhole section which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment shall not be permitted. 410.05-DISPOSAL OF MATERIALS All solids or semi-solids resulting from the cleaning operations shall be removed from the site and disposed of in a manner and at a site designated by the Owner. All materials shall be removed from the site no less often that at the end of each workday. Under NO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally enclosed containers and as approved by the Owner. ITEM 410-SEWER LINE CLEANING 410.06 -CLEANING PRECAUTIONS During all sewer cleaning operations, satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Whenever hydraulically propelled cleaning tools dependent upon water pressure for their cleaning force, or any tools which retard the flow of water in the sewer line, are used, precautions shall be taken to ensure that the water pressure created does not cause any damage or flooding to public or private property being served by the sewer line involved. The flow of sewage in the sewer lines shall be utilized to provide necessary pressures for hydraulic cleaning devices whenever possible. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant nor shall a hydrant be used for the purpose described unless a vacuum break is provided. 410.07-CLEANING EQUIPMENT A. Hydraulic Cleaning Equipment. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal diameter as the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure total removal of grease. If sewer cleaning balls or other such equipment, are used, special precautions against flooding of the sewers and public or private property, shall be taken. B. High Velocity Hydro-Cleaning Equipment. All high velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more high velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 degrees to 45 degrees in all size lines designated to be cleaned. Equipmentshall also include a high velocity gun for washing and scouring manhole walls and floor.The gun shall be capable of producing flows from a fine spray to a long distance solid stream.The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. All controls shall be located so that the equipment can be operated above ground. C. Mechanical Cleaning Equipment. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. A power rodding machine shall be either a sectional or continuous type capable of holding a minimum of 750 feet of rod. The rod shall be specifically treated steel. To ensure safe operation, the machine shall have a fully enclosed body and an automatic safety throw- out clutch or relief valve. 410.08 -PAYMENT Cleaning of sewer lines shall be included as a part of the line rehabilitation bid item and shall not be a separated pay item ITEM 411 -SEWER FLOW CONTROLS 411.01 -GENERAL When sewer line flows at the upstream manhole of the section being worked are above the maximum allowable requirement for sewer line cleaning the flows shall be reduced to the levels shown indicated by manual operation of pump stations, plugging/blocking of the flows, or by pumping/bypassing of flows, as specified. 411.02 -MAXIMUM SEWAGE FLOWS Sewer flows shall not exceed those shown below for the respective line sizes as measured in the manhole when performing television inspection. Maximum Line Flows Television Inspection 6" - 10" Pipe 20% of pipe diameter 12"- 24" Pipe 25% of pipe diameter Over 24" Pipe 30% of pipe diameter 411.03-PLUGGING OR BLOCKING A sewer line plug shall be inserted into the line at a manhole upstream from the section being inspected. The plug shall be so designed that all or any portion of the sewage flows can be released. During the inspection, testing or connecting portion of the operation, flows shall be shut off or reduced to within the maximum flow limits specified in 411.02. After the work tasks have been completed, flows shall be restored to normal. 411.04 -PUMPING AND BYPASSING When pumping/bypassing is required,the Contractor shall supply the necessary pumps,conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flows plus additional flows that may occur during rain storms.The Contractor will be responsiblefor furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. If pumping is required on a 24-hour basis, all engines shall be equipped in a manner to keep the pump noise at a minimum. 411.05-FLOW CONTROL PRECAUTIONS Whenever flows in a sewer line are blocked, plugged, or bypassed, sufficient precautions must be taken to protect the sewer lines from damage that might be inflicted by excessive sewer surcharging. Further, precautions must be taken to ensure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. 411.06 -PAYMENT No separate payment for work performed under this item unless otherwise indicated in the bid items. Include cost of same in contract price bid for work of which this is a component part. ITEM 429-MAHOLES. JUNCTION BOXES AND WET WELLS 429.01 - GENERAL All manholes, junction boxes, and wet wells shall be constructed at the locations and shall be of the types shown on the plans. They shall consist of all excavation, castings, backfilling, and furnishing all materials or other items necessary for installation thereof. Manholes shall be constructed of precast reinforced concrete or fiberglass at the option of the Contractor. Wet wells shall be constructed of precast reinforced concrete pipe or boxes with gasketed joints, where precast units of indicated sizing are available. Precast units shall be specifically designed for vertical installation were used. Where wet well size exceeds available precast box sizing or where specifically indicated on the plans, cast-in-place structures are required. It is the intent of this specification to provide for watertight construction of all manholes and junction boxes, including watertight covers if necessary. 429.02 - EXCAVATION AND BACKFILL The Contractor shall excavate to the required depth and size for each manhole and wet well. The Engineer may require the Contractor to undercut for a maximum of twelve (12") inches below the manhole base and backfill with stabilized material where necessary. Backfill from the base to a point not less than twelve (12") inches below ground level shall be as follows: A. Precast Concrete Manholes and Wet Wells. Backfill shall consist of (a) select soil from the excavation, compacted to a minimum of ninety-five (95%) percent density; or (b) well-tamped sand-cement [two (2) sacks of cement per cubic yard]. B. Other Manholes. Backfill material shall be approved by the Engineer. 429.03 - CONSTRUCTION OF MANHOLES A. Main Lines 24 Inches O.D. or Smaller. Manholes (including bases) shall be constructed around main line sewer pipes after pipe laying. Other sewer pipes shall be built in and trimmed with a minimum of six (6") inches intrusion inside the manhole wall. The base of the manhole shall consist of reinforced concrete as shown on the attached sketches. The concrete may be precast according to ASTM C-478, or cast in place, at the option of the Contractor. A concrete or grout invert shall be formed according to the sketches. The manhole wall shall consist of precast concrete, or other approved material (Sections .04 thru .06), with no built-in steps or ladder rungs permitted. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or to the grade designated on the plans or by the Engineer). B. Main Lines 48 Inches I.D. or Larger. The manhole shall consist of a stack from the top of the sewer line up to natural ground (or other designated grade), according to the attached sketches. One joint of the main line shall consist of a prefabricated tee with the lateral branch vertical. The tee shall be designed and fabricated to carry the design load of the manhole, with design subject to the approval of the Engineer. If the tee is of a corrosive material such as concrete, it shall be coated on the inside with coal tar epoxy according to Item 700. Alternate coating or lining methods shall be subject to the approval of the Engineer. The manhole wall shall be an extension of the tee branch. The wall shall consist of precast concrete, or other approved material as described below, with no built-in steps or ladder rungs permitted. The wall design shall be compatible with the structural strength of the tee upon which it is resting. ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS Lateral sewer pipes shall be built into the manhole wall and trimmed with a minimum of six (6") inches intrusion inside the wall. Any laterals below the base of the stack shall be built through the side of the tee section and trimmed according to the details in the attached sketches. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or other designated grade). C. Main Lines 24 Inches Through 42 Inches I.D. Manholes shall be similar to the stack manholes in Subsection 2 above, except for details at the top of the tee. In this case the vertical tee shall be the same size as the main line,with a concrete pad at the top to support the 48 inch manhole. Construction shall be according to the attached sketches. 429.04 - PRECAST CONCRETE MANHOLE AND WET WELLS The walls shall consist of risers, cones, and grade rings conforming to ASTM C-478. Joints shall be watertight and of the tongue and groove type, gasketed. Concrete pipe for manholes shall consist of risers, cones, and grade rings conforming to ASTM C-478. Concrete pipe or boxes for wet wells to be as noted on Plans. 429.05 - PROTECTIVE LININGS The walls and inverts shall be coated as per Item 602 - Prior to installation. 429.06 - FIBERGLASS MANHOLES The walls and cone shall consist of fiberglass construction conforming to ASTM D3753. The wall and cone shall consist of a single manufactured unit extended from the base to within eighteen inches of final grade. One or more concrete grade rings shall be placed between the fiberglass manhole and the cast iron ring and cover. The complete manhole shall be designed for a wheel load of 40,000 pounds. 429.07 - OTHER TYPES MANHOLES Other materials may be used in manholes upon the approval of the Engineer. The Contractor shall submit to the Engineer in writing any proposals for alternate construction materials, including material specifications and structural details. 429.08 - DROP INLETS A. Manholes (Other than Stack). When an incoming line is two (2')feet or more above the flow line of the outgoing line, a drop inlet shall be constructed just outside the manhole as detailed in the attached sketches. B. Stack Manholes. A drop inlet shall be constructed for any incoming line more than eighteen (18") inches above the crown of the main line. 429.09 - JUNCTION BOXES All junction boxes shall be constructed at the locations and shall be sized in accordance with plans accompanying these specifications. The boxes shall be constructed of reinforced concrete, complete with cast iron ring and covers. All sewer pipe entering the box shal► be built in and placed flush with the inner wall of the box. ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS 429.10 - CONCRETE Cast-in-place concrete shall conform to Item 200, with minimum 28-day f'c of 2000 psi for manhole bases and 3000 psi for junction boxes. All manhole bases shall be poured monolithically. The floor of a junction box may be poured separately with proper keyways, waterstops, and dowels for the walls. 429.11 - REINFORCING STEEL All reinforcing steel shall conform to Item 201, with billet steel required for manhole and wet well bases and junction boxes. 429.12 - CASTINGS FOR MANHOLES,JUNCTION BOXES AND WET WELLS All iron castings shall be of first quality and shall conform to ASTM A-48, Class 35. Rings and covers shall conform to the standard patterns of Mabry Foundry, Vulcan Foundry, Neenah Foundry, or prior approved equivalent. Rings and covers shall be of a heavy traffic type, machine seated, and designed not to rock. The bearing surfaces of rings and covers shall be carefully machine-finished so that the cover will have an even bearing on the frame for its entire periphery. Rings and covers shall be sized with a thirty-two (32") inch cover diameter, unless shown differently in the plans. Each ring and cover shall consist of one of the following types, as designated on the plans or by the Engineer. A. Perforated. The cover shall fit the ring smoothly, but need not be gasketed. The cover shall contain a minimum of four(4) holes of approximately three-fourths (3/4") inch diameter. B. Self-Sealing. The cover shall be solid with concealed pick holes. The bottom of the cover shall contain a precisely machined groove fitted with a continuous gasket. The gasket material shall be of special composition, with good sealing qualities, abrasion resistance, and low compression set. C. Self-Sealing Vented. The cover shall be similar to the self-sealing cover above, and shall contain a vent hole of 1 •in diameter located in the center of the cover. An inflow prevention device shall be installed to minimize inflow. See Item 429.13 below. 429.13 - INFLOW PREVENTION FOR VENTED COVERS The inflow prevention device shall be designed to minimize inflow into the sanitary sewer manhole. The device shall be load tested to withstand 800 pounds outside of traffic areas and 3000 lbs within traffic areas. The inflow prevention device shall be stainless steel insert equal to the "Rainstopper" as manufactured by Southwestern Packing and Seals, Inc. The device shall include gasket, relief valve and handle. The handle shall be designed to withstand a minimum 500 lbs. of force before failure. 429.14 - WATERSTOP GASKETS ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS Waterstop gaskets shall comply with ASTM F-477, having a cross-section of a minimum of three (3") inches in nominal width, and shall be secured in place with a stainless steel strap clamp. Waterstop gaskets shall be placed around all sewer lines at manhole joints. The securing clamp shall be made tight with gasket and clamp completely, enclosed in place, using an expansive grout at thickness of six (6") inches all around. Grout shall be metallic base non-shrink equal to Sika Chemical "Kemox", Gifford Hill "Gilco", or Master Builders "Embecco", or prior approved equivalent. 429.15 - TESTING All completed manholes shall be exfiltration tested according to Item 450. Any manhole which fails the test shall be repaired and retested. 429.16 - PAYMENT No separate pay. ITEM 450-TESTING SANITARY SEWER LINES 450.01 -GENERAL This specification shall provide for inspection and testing of all newly constructed sanitary sewer lines and manholes for watertight construction and for excessive deflection. 450.02 -WATERTIGHT CONSTRUCTION TESTING New sewer lines shall be tested by either a low pressure air test, an infiltration test, or an exfiltration test. The Contractor shall select one of these procedures for each new line, according to ground water conditions, subject to the approval of the Engineer. (Air testing is required for vitrified clay sewer lines). Leakage testing is not required for partial replacement of existing manhole segments. All new manholes shall be tested, as described in Item 450.08 below. 450.03 -GROUND WATER LEVEL Before conducting an air, exfiltration, or infiltration test on one or more adjacent line segments (the test section), the Contractor shall determine the ground water level at 400 foot intervals within thetest section. Each interval shall have a two (2") inch vertical pipe set in the ground it for this purpose. Some existing manholes may have this device or another device previously installed forthis purpose. Before testing the sewer lines, the Contractor shall insert a small rod into each two (2") inch pipe along the test section to determine the level of ground water in the pipe. If an existing manhole along the test section contains a nipple or other device for this purpose, the Contractor shall determine the ground water level by means of this device if practical. All ground water measurements shall be converted to depth of ground water above the pipe invert of the test section. The ground water depth for the test section shall be taken as the greatest depth so calculated. If no reliable measurement can be made,the ground water depth shall be taken as the greatest line depth along the test section. 450.04 -AIR TEST(PIPE OTHER THAN VCP) (Allowed for Lines Smaller Than 36"Only) When air testing is selected (for sewers other than vitrified clay), the Contractor shall conduct the test as follows. A. Conduct the test between two (2) consecutive manholes, as directed by the Engineer. B. Plug the test section at each end. One of the plugs used at the manhole shall be tapped and equipped for the air inlet connection for filling the line from an air compressor. C. Make sure that all plugs are properly braced against the internal pressure to prevent air leakage by slippage and blowouts. D. Connect air hose to tapped plug selected for the air inlet. Then connect the other end of the air hose to the portable air control equipment which consists of valves and pressure gauges used (a) to control the air entry rate to the test section, and (b)to monitor the air pressure in the pipe line. ITEM 450-TESTING SANITARY SEWER LINES More specifically, the air control equipment shall include a shut-off valve, a pressure regulating valve, a pressure reduction valve, and a monitoring pressure gauge having a pressure range from zero(0)to fifteen (15) psi. The gauge shall have a minimum division of 0.10 psi and an accuracy of+ 0.04 psi. E. Connect another air hose between the air compressor and the air control equipment. F. Supply air to the test section slowly, filling the pipe line to a constant pressure of 3.5 psig plus 0.433 psi for each foot of ground water depth above the invert of the pipe. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 15.0 psig. G. When constant pressure of 3.5 psig plus ground water pressure adjustment (GWP) is reached, throttle the air supply to maintain the internal pressure above 3.0 psig plus GWP for at least five (5) minutes. If leakage is detected at any cap or plug, release the pressure in the line and tighten or repair the faulty plug. A new five(5) minute interval must be allowed afterthe pipe line has been refilled. H. After the stabilization period, adjust the air pressure to 3.75 psig plus GWP and shut off or disconnect the air supply. Commence timing when the air pressure reaches 3.5 psig +GWP with a stopwatch which is allowed to run until the line pressure drops to 2.5 psig plus GWP, at which time the stopwatch is stopped. The time required, as shown on the stopwatch, for a pressure loss from 3.5 psig to 2.5 psig is used to compute the air loss. I. If the time, in minutes and seconds, for the air pressure to drop 0.5 psig is greater than that calculated using the equation below, the test section shall have passed. J. If the time is less than calculated using the equation below, the test section shall not have passed and adequate repairs must be made. T = 0.0850(D)(K)/(Q) T = Time for pressure to drop 1.0 psig in seconds K = 0.000419 DL, but not less than one D=Average inside diameter of pipe (inches) L = Length of line of same pipe size in feet Q = Rate of loss, assume 0.0015 ft3/min/ft2of internal surface 450.05-AIR TEST (VITRIFIED CLAY PIPE) Air testing of new sewer lines constructed of vitrified clay shall be conducted according to ASTM C- 828. 450.06 -INFILTRATION TEST PROCEDURES (SEWER LINES) When infiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. ITEM 450-TESTING SANITARY SEWER LINES B. The length of the test section shall be determined by field measurement by the Engineer. C. Plug all inlets and outlets at upstream manhole except the one for the line being tested. D. Cap or plug all service laterals, stubs, and fittings into the test section, so as to prevent ground water from coming in at these connections. E. When the test section consists of more than one manhole sections, plug all connecting sewer lines from intermediate manholes (unless the tributary lines are part of the test section). F. Place V-notch weir into the upstream pipe in the downstream manhole where the measurement will be recorded.The weir shall be installed so as to maintain a watertight seal between the weir and the interior surface of the pipe to prevent water bypassing the V-notch weir. G. V-notch weirs shall be constructed to a high degree of accuracy to avoid erroneous measurements. All weirs used for testing shall be approved by the Engineer. H. After V-notch weir has been installed, allow sufficient time for the infiltrating water to build up and level off behind the weir, until a steady, uniform flow passes over the V-notch weir. I. Measurements can be taken after steady flow occurs over the V-notch weir. Leakage shall be determined from the readings, either directly or by converting the readings of the flow into terms of gallons/(inch diam.--mile--day). Caution shall be taken in recording the readings due to possible variations in flow resulting from local conditions. All weir readings shall be made under the direction of the Engineer's representative. J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10 below. 450.07 -EXFILTRATION TEST PROCEDURES (SEWER LINES) When exfiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. B. The length of the test section shall be determined by the Engineer. C. All service laterals, stubs, and fittings into the sewer line being tested shall be properly capped or plugged, and carefully braced to resist the thrust actions developed by the internal water pressure. D. Insert and tighten a tapped plug in each of the following locations: 1. Inlet pipe of downstream manhole,for connecting the water supply for filling the sewer. 2. Outlet pipe of upstream manhole, for connection to standpipe. ITEM 450-TESTING SANITARY SEWER LINES E. Place the standpipe in the upper manhole and connect it to the tapped plug. The standpipe shall be capable of handling from ten (10') feet to twenty-five (25') feet of water head to determine the tightness and soundness of the sewer line, as specified and directed by the Engineer. F. Introduce water into the line through the downstream manhole until the standpipe in the upstream manhole has been completely filled. G. Allow the line to stand for several hours after filling with water, before beginning the test. During this time some water absorption into the manhole structures and sewer pipe will take place. After the water absorption has stabilized, check the water level in the standpipe and add water if necessary. H. The test is now ready to begin. Measure and record the drop in the standpipe over a fifteen (15) minute period. To verify the first results, conduct a second fifteen (15) minute test. I. Convert the measured drops in the standpipe to leakage in terms of gallons/(inch diameter-- mile--day). J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10 below. 450.08 -TEST PROCEDURES (MANHOLES) The Contractor shall test each new manhole by an exfiltration test, as required by the following TCEQ Regulations. A. Hydrostatic Testing. Manholes shall be tested for leakage separately and independently of the wastewater lines by hydrostatic exfiltration testing, vacuum testing, or other methods acceptable to the commission. If a manhole fails a leakage test, the manhole must be made water tight and retested. The maximum leakage for hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole depth per hour. Alternative test methods must ensure compliance with the above allowable leakage. Hydrostatic exfiltration testing shall be performed as follows: all wastewater lines coming into the manhole shall be sealed with an internal pipe plug, then the manhole shall be filled with water and maintained full for at least one hour. For concrete manholes a wetting period of 24 hours may be used prior to testing in order to allow saturation of the concrete. B. Vacuum Testing. To perform a vacuum test, on the owner shall plug all lift holes and exterior joints with a non-shrink grout and plug all pipes entering the manhole. No grout must be placed in horizontal joints before testing. Stub-outs, manhole boots, and pipe plugs must be secured to prevent movement while the vacuum is drawn. The owner shall use a minimum 60-inch /lb torque wrench to tighten the external clamps that secure the test cover to the top of the manhole. The test head must be placed at the inside of the top of the cone section, and the seal inflated in accordance with the manufacturer's recommendations. There must be a vacuum of 10 inches (4.912 psi) of mercury inside the manhole to perform a valid test. The test does not begin until after the vacuum pump is off. The manhole passes the test if after 2 minutes and with all valves closed, the vacuum is at least 9 inches (4.421 psi) of mercury. 450.09 -TEST RESULTS ITEM 450-TESTING SANITARY SEWER LINES The Contractor shall furnish the test results in triplicate following the format of the form at the end of this section. Testing shall be performed as soon as practical after completing a section of sewer line. No more than 3000 feet of sewer may be laid without testing having been completed up to and including the last manhole in the line. 450.10 -INFILTRATION/EXFILTRATION LIMITS The maximum allowable infiltration/exfiltration rate shall be fifty (50) gallons/(inch diameter--mile-- day). 450.11 -DEFLECTION TESTING Deflection test shall be performed on all flexible and semi-rigid pipe. The test shall be conducted after the final backfill has been in place at least thirty (30) days. No pipe shall exceed a deflection of five percent (5%). If the deflection test is to be run using a rigid ball or mandrel, it shall have a diameter equal to ninety-five percent (95%) of the inside diameter of the pipe. The test shall be performed without mechanical pulling devices. 450.12 -PAYMENT No separate payment shall be made for testing of sewer lines and manholes. This work shall be included in the unit prices bid for the lines and manholes. ITEM 450-TESTING SANITARY SEWER LINES OWNER: DATE: PROJECT: WEATHER: CONTRACTOR: CONTRACTOR: EQUIPMENT ON JOB: ENGINEER: STATIONS: DIAMETER: PIPE TYPE: LENGTH: AIR TESTING ALLOWABLE TIME FOR 1/2 POUND DROP: TIME: PRESSURE: END: START: START: END: TOTAL: DROP: INFILTRATION/EXFILTRATION ALLOWABLE INFLTRATION/EXFILTRATION: 50 GALS./INCH DIA./MILE/DAY EXFILTRATION TEST: TIME: WATER LEVEL STANDPIPE: END: START: START: END: TOTAL: DROP: FT. COMPUTED EXFILTRATION: INFILTRATION TEST: TIME: WEIR MEASUREMENTS (G.P.M.1: END: 3 MIN. 9 MIN. 15 MIN. START: 6 MIN. 12 MIN. TOTAL: TOTAL: GALLONS COMPUTED INFILTRATION: OWNER'S REPRESENTATIVE CONTRACTOR'S REPRESENTATIVE ITEM 201 - REINFORCEMENT STEEL 201.01 -GENERAL This item shall govern deformed reinforcement; plain reinforcement; prestressing tendons; and reinforcement consisting of structural steel, steel pipe, or steel tubing as specified herein. Reinforcement to be welded is indicated on the drawings. Reinforcement of the specified ASTM steel, except for ASTM A-706, shall require a report of material properties conforming to "Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 201.02 -MATERIALS A. Deformed Reinforcement 1. Deformed reinforcing bars shall conform to one of the following specifications, except as provided in Section 1.b below. a) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement" (ASTM A-615), Grade 60. b) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-616), Grade 60. c) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. d) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement" (ASTM A-706). 2. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. a) For ASTM A-615,and A-617, yield strength shall correspond to that determined by tests on full size bars. b) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 degree bends of full-size bars around pins with diameters specified in Table 1. If#14 or#18 bars meeting these specifications are to be bent, full-size bar specimens shall be bend tested 90 degree at a minimum temperature of 60° F around a 9db pin without cracking of the bar. However, if#14 and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 degrees with other criteria the same as for 90 degrees. TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and #5 3-1/2db #6, #7, and #8 5db #9, #10, and #11 7db #9, #10, and #11 5db (of Grade 40) ITEM 201 - REINFORCEMENT STEEL 3. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). 4. Deformed wire for concrete reinforcement shall conform to "Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). 5. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). B. Plain Reinforcement 1. Plain bars for spiral reinforcement shall conform to the specification listed in Section 1.a. (1), (2), or (3) including additional requirements of Section 1.b. 2. Smooth wire for spiral reinforcement shall conform to "Specification for Cold-Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). 3. Welded smooth wire fabric for concrete reinforcement shall conform to"Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). C. Prestressing Tendons 1. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of the following specifications: a) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete" (ASTM A-421). b) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). c) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete" (ASTM A-722). 2. Wire, strands, and bars not specifically listed in ASTM A-421, A-416, or A-722 may be used provided they conform to minimum requirements of these specifications and do not have properties that make them less satisfactory than those listed in ASTM A-421, A-416, or A-722. D. Structural Steel, Steel Pipe, or Tubing 1. Structural steel shall conform to one of the following specifications: a) "Specification for Structural Steel" (ASTM A-36). b) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). c) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel" (ASTM A-441). d) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. e) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). 2. Steel pipe or tubing shall conform to one of the following specifications: a) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). ITEM 201 - REINFORCEMENT STEEL b) "Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" (ASTM A-500), Grade B. c) "Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing" (ASTM A-501). 201.03 -SIZES AND WEIGHTS The nominal sizes and areas, and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 201.04 -BENDING Bending of deformed reinforcement bars shall conform to Section 7.3 - Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans. All bending of hard grade new billet and rail steel bars shall be done in the shop; other grades shall preferably be bent in the shop. Bends shall be made around pins;the diameter of pins shall be not less than four (4) times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 201.05 -STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports, and shall be protected from mechanical injury and from deterioration by exposure to the weather. When placed in the work, the reinforcement shall be free from dirt, loose rust, scale, paint, oil, or other foreign material. 201.06 -SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14 - Splices of Reinforcement of ACI 318 latest version. No splices of bars, except when shown on the plans, will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code, and shall be well distributed or else located at points of low tensile stress. The spacing between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of the reinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceeding three-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh, i.e., the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 201.07 -REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification on account of any of the following: A. Reinforcement exceeding the allowable variations in size or weight. B. Reinforcement with bends not in conformity with the details. C. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at time of placing in the work. ITEM 201 - REINFORCEMENT STEEL D. Twisted bars. 201.08 -DETAILING A. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. B. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. C. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown, the diameter of the hook shall equalsix (6) times the bar diameter for bar sizes #3 through #8 and 8 times for#9, #10 and #11, with a straight length of bar at the end of the hook equal to four(4)times the bar diameter, or 2-1/2" minimum, whichever is greater. 201.09 -PLACING REINFORCEMENT Placement of deformed reinforcement bars shall conform to Section 7.5-Placing Reinforcement of ACI 318 latest version. Reinforcement, before being placed, shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond with the concrete. When there is a delay in concreting operations and the reinforcement has been in place in excess of two (2) days, it shall be re-inspected and, when necessary, cleaned. Metal reinforcement shall be accurately positioned and dimensioned in accordance with the plans and specifications. The bars and mesh shall be tightly secured against displacement by using annealed wire of not less than No. 16 gauge and suitable clips at intersections. The reinforcement shall be supported in a manner that will keep all metal away from the interior surfaces of forms, or the surface against which the concrete is placed, in accordance with the "clear" dimensions as shown on the plans or as specified single layer reinforcement in slabs shall be placed at mid-depth unless otherwise dimensioned in plans. Nails shall not be driven into the outside forms to support reinforcement, nor shall any other device for this purpose come in contact with outside form, except that wood strips shall be inserted between the reinforcement and the forms at intervals to maintain the required clear distances between the reinforcement and the outside surfaces of the concrete. These wood strips shall be pulled up and removed as the level of the concrete rises in the forms. In the case of slabs and beams, metal chairs, spacers, and other metal accessories necessary to provide the required clear distances and proper alignment and spacing between bars shall be used subject to the approval of the Engineer. Precast concrete blocks wired to the reinforcing bars will not be permitted as supports or spacers. 201.10 -CONCRETE PROTECTION FOR REINFORCEMENT Concrete protection of deformed reinforcing bars shall conform to Section 7.7 Concrete Protection of Reinforcement of ACI 318 latest version. Concrete cover as protection of reinforcement against weather and other effects is measured from the concrete surface to the outmost surface of the steel to which the cover requirement applies. Where minimum cover is prescribed for a class of structural member, it is measured to the outer edge of the stirrup, ties, or spiral if transverse reinforcement encloses main bars; to the outmost layer of bars if more than one layer is used without stirrups or ties; to the metal end fitting or duct on post-tensioned prestressing steel. Concrete protection of prestressing tendons shall conform to Section 7.7.3 - Prestressed Concrete of ACI 318 latest version. ITEM 201 - REINFORCEMENT STEEL 201.11 -PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.01 - DESCRIPTION This item shall govern the construction of water mains, sanitary sewers, and under drains, complete in place. This item provides for all clearing and grubbing, excavation, tunnelling, sheeting, bracing, embedment, connecting to new or old work, laying,jointing, excluding water, backfilling, tamping, and removal and replacement of street surfaces; and the furnishing of all materials, equipment, tools, labor, and incidentals for complete line construction. Point repairs to existing water or sewer lines are excluded from work under this item, except insofar as the items providing for point repairs may refer to this item. 400.02 - MATERIALS As specified elsewhere in the Technical Specifications. 400.03 - SEQUENCE OF WORK All gravity sewer lines shall be laid beginning at the downstream connection to existing facilities. When construction involves a main trunk having lateral or tributary lines, the latter shall not be started until the main trunk has been built to the point of their junction unless otherwise approved by the Engineer. All appurtenances shall be constructed as soon as the pipeline they serve is constructed to their location, rather than constructing them in advance or postponing construction. However, if construction reaches a point requiring installation of an appurtenance for which the materials are not immediately available, upon approval of the Engineer, the Contractor shall provide sufficient space for installation at a later time. The open ends of pipe shall be properly sealed and backfi I led. The Contractor shall excavate the trench to finish grade fifty (50')feet to one hundred (100') feet ahead of the end of the completed pipeline. No excavation shall be performed farther than three hundred (300')feet beyond the completed pipeline, except for isolated excavations which may be required to locate existing utilities. These limitations shall not apply to tunnel installations. Each tunnel required by the plans and specifications shall be excavated, lined, and back packed for its entire length before laying pipe through the tunnel. For any tunnels constructed at the Contractor's option, the work sequence shall be as approved by the Engineer. 400.04 - PUBLIC CONVENIENCE AND SAFETY Materials stored about the work shall be so placed, and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work, or prevent free access to all fire hydrants; water and gas valves; manholes for telephone, telegraph, signal, or electric conduits; sanitary or storm sewers; and fire alarm or police call boxes in the vicinity. The Contractor shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private driveways for the free passage of pedestrians and vehicles. Where bridging ITEM 400- UNDERGROUND PIPING CONSTRUCTION is impractical or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. At no time shall more than two (2) blocks be closed to traffic. Where practical,the Contractor shall leave at least two (2) access routes open to any residential or commercial area. If pipe line construction or construction traffic creates a need for dust control, as along dirt streets, the Contractor shall at his own expense perform all necessary sprinkling as directed by the Engineer. The Owner reserves the right to remedy any neglect on the part of the Contractor regarding public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor. In cases or emergency, the Owner shall have the right to remedy any neglect without notice. In either case, the cost of such work done by the Owner shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Engineer and the local street or road department forty-eight (48) hours in advance (excluding Saturdays, Sundays, and holidays) of the closing or obstruction of any street. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. 400.05 - BARRICADES, LIGHTS,AND WATCHMEN Where the work is being performed in or adjacent to any street, alley, or public place, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals; shall provide such watchmen; and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be recently painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain adequate lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work at all times from vandalism or related instances. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it. Whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. 400.06 - PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property for any purpose without previously obtaining permission from the property owner. The Contractor shall notify the proper representative of any public utility, corporation, company, or individual not less than forty-eight(48) hours in advance of any work which might damage or interfere with the operation of their facilities along or adjacent to the work. ITEM 400- UNDERGROUND PIPING CONSTRUCTION The Contractor shall be responsible for the preservation of all public and private property along or adjacent to the work, including trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; drainage facilities; and all underground or above ground utilities. Any pavement or sidewalks which must be removed shall be replaced according to Sections 400.16 and 400.17. The Contractor shall be responsible for all direct or indirect damage to property of any character resulting from any act, omission, or negligence in execution of the work;from non-execution of the work; or from defective work or materials. When any such damage occurs, the Contractor shall restore the affected property to a condition at least equal to its condition prior to the damage, or shall fully compensate the property owner. Such restoration shall be at the Contractor's expense, except for any items specifically designated in the plans and specifications. The Owner may, upon forty-eight (48) hours written notice (or without notice when a nuisance or hazardous condition occurs), proceed to restore any property damage which the Engineer deems necessary. The cost of such restoration will be deducted from any monies due or to become due the Contractor under this contract. If the Contractor discovers that existing utilities present obstructions to construction of lines or appurtenances, he shall immediately notify the Engineer. The Engineer will determine without delay whether existing improvements should be relocated, or whether the grade and/or alignment of the line should be changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor will make necessary arrangements with the owner-operator of utilities. The Owner will not be liable for damages on account of delays due to changes made by owner-operator of privately owned utilities which hinder progress of work. The Owner will not be liable for cost incurred in relocating utility service poles, services, and appurtenances (unless specifically designated for payment). 400.07 -CLEARING AND GRUBBING All trees, stumps, brush, roots, logs, rubbish, and other objectionable material in the path of the storm sewer,water line or sewer line shall be removed and disposed of in a manner satisfactory to the Engineer, without any extra compensation to the Contractor. 400.08 -TEMPORARY SEWER AND DRAIN CONNECTIONS When existing sewers or drains have to be taken up or removed, the Contractor shall take care of all sewage or drainage from these facilities. For this purpose the Contractor shall provide and maintain, at his own expense, all necessary temporary connections, outlets, diversions, and pumping facilities. The Contractor shall dispose of all drainage and sewage from these facilities until the permanent connections are built and put into use, unless otherwise provided for in these specifications or as directed by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.09 -TRENCH EXCAVATION 1. General. The Contractor shall excavate the trench to finish grade at least fifty (50') feet ahead of pipe laying unless physical conditions make this impractical. Bell holes shall be excavated in advance of pipe laying. If a trenching machine (not a backhoe) is used to excavate the trench for a water line, with Engineers approval, selected loose, fine excavated material may be used in lieu of sand embedment around the pipe. 2. Sewers. The ground shall be excavated by the open trench method to the required depth, line, and grade as indicated on the drawings. Excavated material shall not be removed from the site of work until backfilling is completed, except by permission of the Engineer. The sides of the trench shall be vertical to a point not less than twelve(12") inches above the top of the sewer pipe. The sides of the trench shall be between six (6") and eight(8") inches outside the pipe for pipe sizes ten (10") inches or less; and between eight (8") inches and twelve (12") inches outside the pipe for sizes larger than ten (10") inches. The bottom of the trench shall be excavated a minimum of four (4") inches below required grade and refilled to grade with thoroughly compacted select material bedding. 3. Water Mains. Trench requirements for water mains shall be the same as for sewer lines. 4. Other Trench Designs. If the specifications for the type of pipe being used contain special trench requirements, those requirements shall be followed in lieu of Subsection 2 or 3 above. 5. Unstable Soils. If unstable material is encountered at the bottom of the trench, the Contractor shall undercut and stabilize the trench with suitable materials such as shell or cement stabilized sand (one (1) sack cement per ton, or Class I embedment material in accordance with Item 500 and at the direction of the Engineer. 6. Locating Intersecting Pipes. Before laying a segment of line, the Contractor shall attempt to locate all utilities which might interfere with the proposed alignment and grade. He shall locate and excavate in advance all water lines, sewer lines, service lines, and appurtenances to which the proposed line will be connected, so that the Engineer can make any necessary adjustments in alignment or grade. The owners of all utilities crossing or closely paralleling the proposed alignment shall be notified in advance of construction. 7. Dewatering A. Under no circumstances shall surface water be allowed to flow in the trench. When ground water exists in the trench, the Contractor shall make attempts to drain it away from the pipe laying area or pump it out of the trench. Where necessary in the opinion of the Engineer, the Contractor shall dewater the trench by the well point method. The Contractor may also use well pointing at his option in other locations. If quicksand or water sand conditions appear in the trench bottom, the Contractor shall ITEM 400- UNDERGROUND PIPING CONSTRUCTION undercut the trench and replace it with Class I embedment as follows: Angular, 1/4 to 1-1/2 inch graded stone including crushed stone, crushed shells, slag, cinders, etc. B. Trench Dewaterinq. Trench dewatering is sufficient removal of groundwater to keep an excavation reasonably dry. This means dry enough to eliminate the need for any special bedding and insure safe installation of the carrier pipe. The groundwater table shall be kept a minimum of two feet (2') below the bottom of the excavation. (1) Well Points. Where well points are used to dewater the trench the maximum allowable spacing shall be six feet (6') center to center. The minimum allowable depth of well points shall be equal to the depth of the excavation plus five feet(5'). Well points shall be set deeper if necessary to draw the groundwater down below the bottom of the excavation. Well points shall have metal well screens a minimum of two inches (2") in diameter and three feet (3') long. The well screens and riser shall be surrounded by filter sand up to the water table and the space above shall be sealed with clay. Two inch (2") diameter piezometers shall be installed at 250 foot centers to establish the extent that dewatering is necessary. At least one volume of water shall be ejected from the piezometer and then allowed to recharge prior to each groundwater measurement taken. (2) Deep Wells. Deep wells may be used as a means of trench dewatering provided the following information is submitted to the Engineer for his approval. (a) A certified well draw down curve prepared by a registered professional geotechnical engineer. Information to be submitted with the draw down curve shall include the type and classification of the soil to be dewatered, permeability of soil, and all information necessary for preparing curve. (b) Proposed well construction details including size of casing, type of pump, depth of well, filter material, screen details, and all other details necessary for well construction. (c) The rate of draw down of the groundwater table. Two inch (2") piezometers shall also be installed in the same manner as for well points to measure the groundwater table. The Engineer will use the draw down curve submitted above along with the groundwater table elevations to determine the maximum allowable spacing of the deep wells. (3) Other Methods. Other methods of trench dewatering may be used provided prior approval has been obtained from the Engineer. C. Dewatering of Tunnels. All tunnels and access pits shall be kept free of groundwater and surface water at all times. Method to be used shall be as approved by Engineer. Any cost incurred for dewatering of tunnels and access pits shall be included in the cost of installing the tunnel liner with no extra compensation. ITEM 400- UNDERGROUND PIPING CONSTRUCTION D. Settlement. Prior to performing any dewatering,the Contractor shall take all necessary precautions to insure that the dewatering operation does not cause structures near the excavation to settle. 400.10 -SHEETING AND BRACING The Contractor shall provide all sheeting and bracing necessary for the protection of the work, employees, or any existing utilities or structures. No such sheeting shall be removed from below the spring line of the pipe after the pipe has been backfilled to this level. In the event the soil conditions are such that the Contractor should desire to leave such sheeting above the spring line in place, he shall secure the permission of the Engineer to do so. The cost of any necessary sheeting or bracing, whether left in place or removed, shall be included in the unit price of the pipe being laid. 400.11 - LAYING PIPE The Engineer will establish such general reference points and construction stakes as in his judgment will enable the Contractor to proceed with the work. The Contractor will be responsible for the layout of the work from these stakes and will protect and preserve the established reference points and construction stakes and will make no changes or relocations without prior written approval. He will report to the Engineer whenever any reference point or construction stake is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points and construction stakes so lost, destroyed, or moved. All pipe lines must be laid in a straight line, unless otherwise shown on the drawings, and with the flow line of the pipe accurately placed to the grade and alignment fixed by the Engineer. A joint shall be located within two (2) pipe diameters (thirty (30") inches maximum) outside the walls of each proposed manhole or junction box, both upstream and downstream. Joints shall also be placed near other rigid connections, or near the ends of pipe casings, when recommended by the manufacturer or by the appropriate ASTM specification. No variation from true and even grade, alignment, and invert will be permitted except to avoid existing underground main service lines of utilities, and then only upon the written permission of the Engineer, signed by him personally, should he find such deviation to be desirable and not detrimental to the pipe line. All pipes shall be laid with the spigot-end or tongue end downstream entering the bell or groove to full depth. Care shall be taken in placing pipe to prevent any earth being dragged into or left in the annular space for sealing of the joints. After the trench has been carefully graded and all bell holes excavated, the trench must receive the approval of the Inspector before any pipe is placed therein. Each piece of pipe shall be examined for defects and cut to the correct lengths. The interior surface and the bell and spigot shall be thoroughly cleaned of all foreign material prior to placing same in the trench in an approved manner. The pipe, valves, fittings, etc., shall be adjusted so as to be at their proper locations and then each spigot properly fitted into position. Each length of pipe shall rest on the bottom of the trench ITEM 400- UNDERGROUND PIPING CONSTRUCTION throughout its entire length. Joints shall be as specified in the 500 series material technical specifications as provided herein. Instructions for jointing pipes with special couplings shall be in strict conformity with the Manufacturer's printed instructions. If a defective piece of pipe furnished and placed by the Contractor should collapse,the Contractor shall furnish at his expense all labor and materials required for removing and replacing the defective pipe and restoring the street or other surface to its condition prior to the failure of the pipe. All pressure piping shall have thrust blocks installed as designated on the drawings. 400.12 - PLUGGING ENDS Before leaving the work for the night, or at any time, any openings in the pipeline shall be securely closed with a tight fitting plug. Cost of plugging pipe ends shall be included with the cost of installing the pipe. 400.13 - PROTECTIVE COATINGS All metal, bolts, and nuts shall receive a protective coating with an asphaltic compound acceptableto the Engineer before backfilling. Surface preparation shall be in accordance with the coating manufacturer's recommendations. 400.14 -TIME OF BACKFILLING Backfilling shall begin as soon as the joints have been completed and all protective coating applied. All open trenches shall be completely backfilled before the work day ends, unless otherwise directed by the Engineer. 400.15 - BACKFILLING OF TRENCH 1. Lower Portion of Trench (initial backfill). Care shall be taken to see that no dirt clods or trench sides are allowed to fall and/or rest against the pipe prior to completion of the sand encasement. a. Sewer Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point twelve inches (12") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. b. Water Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six(6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point six inches (6") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. ITEM 400- UNDERGROUND PIPING CONSTRUCTION 2. Upper Portion of Trench (final backfill). From the six(6")or twelve(12") inches above the top of the pipe upward, the type of backfill for various locations shall be as follows: a. Concrete or Asphalt Pavement. The trench shall be filled to two (2") inches below the bottom of the existing flexible base(or concrete pavement)with a mixture of clean sand and 1-1/2 sacks of cement per cubic yard. This material shall be placed in layers not more than six (6") inches thick and thoroughly tamped by mechanical or hand tamping, as directed by the Engineer. The Contractor may use, with prior approval from the Engineer, select native material in lieu of the sand-cement mixture. The select native material must be compacted to 90% density as measured by the Standard Proctor Density Test. Cost of testing shall be borne by the Owner. No further backfill is required for concrete pavement. Flexible base shall be replaced to the bottom of the pavement with a compacted base material, consisting of crushed limestone, iron ore gravel, or a sand-shell mixture. This requirement shall apply to all trenches running underneath surfaced streets, whether crossing the pavement or running along the street. b. Unsurfaced Streets. The trench shall be backfilled with selected loose, fine excavated material by means of water tamping or power tamping. The Engineer may require power tamping for heavily traveled streets. In using water tamping, the trench shall be filled to ten (10") inches below the surface with the loose fine material in even layers not exceeding eighteen (18") inches in thickness of loose material and immediately flooded to complete saturation and left undisturbed for three(3)days. The trench shall then be refilled and flooded again using poles to insure penetration of water to full depth of the trench. This flooding shall continue until there is no further settlement. Power tamping will be permitted only where the trench and backfill material are dry enough to permit satisfactory compaction. Backfill shall be placed in the trench in layers not exceeding twelve (12") inches in thickness. The top ten (10") inches of the trench shall be backfilled with shell or crushed limestone. On completion of the tamping, all of the excavated material shall be substantially replaced in the trench deducting the space occupied by the pipe, bedding, and shell or limestone. Compaction in all levels from six(6") inches or twelve(12") inches above the top of pipe to ten (10") inches below grade shall be not less than ninety (90%) percent of the maximum density value as determined by the "Standard Laboratory Method for Compaction and Density of Soil, AASHTO Designation T-99". The above procedure for unsurfaced streets shall apply in trenches runn ing in and parallel to and running across the normally maintained portion of the road or street right- of-way. c. Trench Within Right-of-Way, but Outside Pavement. Trenches within the right-of-way ofa surfaced street shall be backfilled according to the procedure for an unsurfaced street, except that the shell or crushed limestone in the top ten (10") inches of the trench shall be placed only in driveway crossings, roadway shoulders, and other areas where there ITEM 400- UNDERGROUND PIPING CONSTRUCTION will be light traffic. Where the shell is omitted the ground shall be restored to its original condition by the replacement of grass or any other improvement which existed before the construction or which are shown on the plans to be constructed. d. Trenches Away from Streets. Whenever the trench is not in a street but in an easement or plant area, which is not traveled, the backfill procedure shall be the same as for an unsurfaced street, except that the top ten (10") inches of shell or crushed limestone shall be omitted. 400.16 - REMOVAL AND REPLACEMENT OF STREET OR DRIVEWAY SURFACES OR SIDEWALKS AND INSTALLATION OF NEW SIDEWALKS When any portion of a street, driveway, or parking lot surface must be removed for the installation of lines or appurtenances, the Contractor shall remove and replace the pavement as specified below. 1. Concrete Pavement (with or without asphalt overlay). The pavement shall be removed to a distance not less than twelve inches (12") back from a firm bank of the trench excavation. The Contractor shall not use equipment to cut trenches in existing pavements which will strike a heavier blow than is usual with a hand pavement breaker operated from an air compressor. The edges of the cut shall be trimmed so as to leave a vertical face of sound, unfractured pavement. If concrete pavement without overlay is encountered, the top three(3") inches shall be saw cut. Replacement of concrete pavement shall be according to the details in the plans. Unless otherwise specified, concrete pavement shall be replaced to its original depth plus two inches. All replaced pavement shall be finished in a neat and workmanlike manner and protected and cured as its nature may require. Any asphalt overlay shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 2. Flexible Base Asphalt Pavement. The pavement and flexible base shall be removed to a distance not less than twelve (12") inches back from a firm bank of the trench excavation. The edges of the cut shall be smooth and vertical.The base shall be replaced to its original depth plus two (2") inches. The surface shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 3. Curb and Gutter. If the Contractor removes any curb and gutter in order to install lines or appurtenances, he shall replace it at his own expense. The replacement curb and gutter shall be similar to that removed, and shall be at least equal in quality. 4. Concrete Sidewalks. The Contractor shall replace at his own expense any concrete sidewalk removed or damaged during line construction. The replacement sidewalk shall be of the same width and thickness as that removed, and shall be at least equal in quality. New sidewalks shall be of the same width, thickness and quality as adjacent sections of replacement sidewalk. 5. Time of Replacement. The Contractor may replace concrete or asphaltic pavement immediately after completion of trench backfilling, or he may wait until the line has passed an ITEM 400- UNDERGROUND PIPING CONSTRUCTION exfiltration test. If pavement replacement is not made within seventy-two (72) hours after backfilling, the Contractor shall restore and maintain the roadway at his own expense until the time of replacement. For this purpose he shall provide enough temporary base material and/or surfacing to bring the roadway up to grade. Curbs, gutters, and sidewalks shall be replaced without undue delay. 400.17 -SPECIAL CROSSINGS 1. Major Streets a. General. Crossings of major streets shall be made by the open-cut method. The Contractor shall notify the street superintendent for the Owner at least two (2) days prior to beginning construction of crossings. The Contractor shall maintain all necessary barricades, signs, flares and flagmen for traffic protection, and shall restore the site to its original condition. b. Construction Methods. The Contractor shall saw cut the existing asphalt surface full depth a minimum 12" outside the required trench width of the size pipe being installed prior to excavation. After installation of the proposed line, the contractor shall backfill the trench with cement stabilized sand containing 1 1/2 sacks of cement per cubic yard compacted in place. Replacement of asphalt shall be in accordance with Item 400.17. 2. Stream Beds. Where shown on the plans or designated by the Engineer, the Contractor shall encase the line in quick-set concrete as specified in Item 200 (3000 psi, 2" max. aggregate size). The encasement shall extend a minimum of six (6") inches outside the pipe in all directions. The trench shall be dewatered if necessary, and the trench bottom shall be firm enough to prevent settlement of the concrete. 3. Streams and Ditches. Water and sewer lines which cross streams or ditches above the flow line shall be constructed according to the plans, or as directed by the Engineer. 4. Crossings (or Parallel Construction) of Water and Sewer Lines. All crossings or parallel construction of water and sewer lines shall conform to section 290.44 Water Distribution, of Chapter 290, Rules and Regulations for Public Water Systems as adopted by the Texas Water Commission, effective March 1, 1993. These requirements shall apply whether the water line, the sewer line, or both are new construction. 5. Casing Section. Casings shall be steel pipe, coated on the outside with coal tar epoxy (20 mil minimum thickness). Minimum thickness shall be for I.D. less than 24", 5/16"for I.D. 24" and larger. The diameter (if not specified in plans and specifications) shall be sufficient to allow installation of the carrier pipe (including joints). Any joints in casing shall be welded. Casing may be installed by trenching except where boring is specified. Boring shall be in accordance with the latest Texas State Department of Highways Standard Specifications, unless otherwise specified. 400.18 - EXCESS EXCAVATION ITEM 400- UNDERGROUND PIPING CONSTRUCTION Excess excavation shall be hauled to and placed on properties designated by the Owner. Once each week the Contractor shall spread the deposited excavation at the site as directed by the Owner. If no site is designated by the Owner, then it shall be the responsibility of the Contractor to dispose of this material in a safe and legal manner. 400.19 - INFILTRATION AND/OR EXFILTRATION AND TESTING Infiltration and/or exfiltration in gravity sanitary sewer lines shall not exceed two hundred (200) gallons per inch of diameter per day per mile of pipe. Sewer lines shall be tested for exfiltration according to Item 450 of these specifications. Water lines shall be sterilized and tested in accordance with applicable specifications. 400.20 - CLEAN-UP The Contractor shall remove from the work site all temporary structures, rubbish, and waste material including all excess excavated materials. The completed clean up shall not be greater than one thousand (1000')feet behind the pipe laying operation. Pipe laying operations will be suspended temporarily if completed clean up is further behind than one thousand (1000') feet. Clean-up requirements shall also apply to any public or private property used by the Contractor for constructing the project, such as temporary storage or field office sites. 400.21 - PAYMENT Pipe will be measured by the linear foot of pipe complete in place. Such measurement will be made between the ends of the pipe barrel along the center axis as installed.,The cost of connecting bands or couplings, as in the case of asbestos cement pipe, shall be included in the unit price of pipe. Special fittings, such as tees, bends, etc., which have unit cost set up in the Bid Proposal shall be deducted from the total length of pipe. When pipe is to be paid for according to depth, the depth will be measured from natural ground to the invert of the pipe. Measurements will be taken at 200-foot intervals, or more often if the terrain requires it. Those materials, i.e. sand, 60/40 mix and cement stabilized material used in the bedding and backfill and which are required by Item 400, Item 500 or by the specifications of the pipe manufacturer will not be pay items. The cost of materials and installation will be included in the price bid per linear foot for pipe. All special embedment materials as described in 400.9.7 if ordered by the Engineer shall be paid for at the unit price bid per cubic yard based on quantities taken from truck tickets. Pipe construction will be paid for according to the applicable unit bid prices as follows: Water or sewerline (general) Linear foot of specified size, type and depth or other classification. ITEM 400- UNDERGROUND PIPING CONSTRUCTION Water or sewerline embedded in concrete Same as general, embedment will be separate pay item. Pipe laid in tunnels and casing Unit price for pipe per linear foot in tunnel or casing. The following items will be paid for at the appropriate unit price,where shown on the bid proposal. Otherwise no separate payment shall be made. Tunnel or casing installation Unit price bid per lineal foot for tunnel or casing. Dewatering of trenches by well point Unit price bid per linear foot of trench if Engineer gives prior approval. No separate payment for other dewatering methods. Replacement of sidewalks, driveway cuts Unit price bid per linear foot. and placement of new sidewalks Replacement of street surfacing Unit price bid per linear foot for type of street. Manholes and prefabricated bends Unit price bid per each. Bends will be included with pipe footage and will not be a separate pay item. No separate payment shall be made for the following work in connection with tunneling and casing. Access pits for tunnels, shoring of pits, furnishing and installing of liner or casing, backpacking, grouting, lighting, ventilation, and disposal of excavated material. ITEM 405-PIPE BURSTING/CRUSHING 405.01 -GENERAL This specification defines the approved methods and materials for the rehabilitation of existing gravity sewer lines by the Pipe Bursting or Pipe Crushing (Pipe Bursting/Crushing) process. The Pipe bursting process is defined as the reconstruction of gravity sewer pipe by installing an approved pipe material. Essentially the process involves the use of a hydraulic"moling"device or pneumatic hammer, suitable sized to break out the old pipe or using a modified boring "knife" with a flared plug that implodes and crushes the existing sewer pipe. Forward progress of the "mole" or the"knife"may be aided by the use of a hydraulic winch. Pipe bursting by static pull method is also acceptable. The replacement pipe is either pulled or pushed by means of hydraulic force into place, size on size and/or upsizing. 405.02-MATERIAL SPECIFICATIONS A. Solid Wall Polyethylene Pipe (HDPE). 1. The replacement pipe shall be manufactured from a high density high molecular weight polyethylene resin which conforms to ASTM D-1248 and meets the requirements for Type III, Class A, Grade P34, Category 5, and has a PPI rating of PE 3408, when compounded. The pipe produced from this resin shall have a minimum cell classification of 345434D or E (inner wall shall be light in color) under ASTM D3350. Before beginning work, the Contractor shall submit to the Engineer for approval, the vendor's specific technical data with complete physical properties of pipe and pipe dimensions pertinent to this job. A certificate of "Compliance with Specification" shall be furnished for all materials to be supplied. 2. The outside diameter and minimum wall thickness shall conform to dimensions listed in Table I and shall be measured in accordance with ASTM D-2122. TABLE I POLYETHYLENE REPLACEMENT PIPE DIMENSIONS IPS MINIMUM MINIMUM WALL THICKNESS NOMINAL OD (Inches) OD (Inches) (Inches) SDR 21 SDR 19 SDR 17 SDR 11 6 6.625 .315 .349 .390 .602 7 7.125 .340 .375 .419 .648 8 8.625 .411 .454 .507 .784 10 10.750 .512 .566 .632 .977 12 12.750 .607 .671 .750 1.159 14 14 .667 .737 .824 1.273 16 16 .762 .842 .941 1.455 3. The SDR Classification for various depths shall be as follows: The Standard Dimension Ratio (SDR), which is the ratio of the outside diameter (OD) of the pipe to its minimum wall thickness, shall be specified for the various depths listed in Table II. Depth shall be measured from the upstream and downstream rim to the invert of the existing sewer in the pipe segment to be replaced. The SDR shall be selected for the deeper of the two manholes for a given pipe segment. ITEM 405-PIPE BURSTING/CRUSHING TABLE II POLYETHYLENE REPLACEMENT PIPE SDR (Applicable SDR for Depth Range) HDPE PIPE SDR MAXIMUM DEPTH (FEET) 21 10 19 15 17 20 11 OVER 20 4. Use of Clamp and Encasement Where excavations for the insertion of the replacement pipe are made between two manholes, the ends of the HDPE will be cut smooth and square to the axis, so that it can be joined in a workman like manner such that both ends meet and touch uniformly and continuously. An all stainless steel (including bolts and lugs) full circle "ROMAC" clamp with internal stiffeners shall be used. Clamps shall be selected to fit the outside diameter of the replacement pipe. Minimum clamp widths shall be provided in accordance with Table III. OUTSIDE DIAMETER OF LINER PIPE MINIMUM WIDTH OF CLAMP (Inches) (Inches) 7.125 or less 15 8.625 18 10.750 or Greater 30 405.05 -BACKFILL At all points where the polyethylene pipe has been exposed, such as at the insertion shafts, at service connection fittings, or other points where the old pipe must be removed, the polyethylene pipe and fittings shall be encased in cement stabilized sand or other high density material as specified by the Owner's Representative to prevent deflection due to earth loading or subsidence. At this point, in preparation for the placing of the encasement material, debris and soil shall be removed along each side of the existing pipe down to the spring line. After the encasement material is in place and accepted by the engineer, backfill is placed and compacted to required finished grade in accordance with the Owner's Representative's specifications. Particular care shall be taken to ensure compaction of earth beneath the lateral pipe in order to reduce subsidence and resultant bending at the lateral connection at the sewer main. 405.06 -PRE-INSTALLATION PREPARATIONS The Contractor shall submit a work plan to the Engineer for review and acceptance.The work plan shall address the following minimum preparation/steps, unless approved otherwise by the Engineer. A. Safety The Contractor shall carry out operations under this section in strict accordance with all applicable OSHA Standards. Particular attention is drawn to those safety requirements involving work on an elevated platform and entry into a confined space. It shall be the Contractor's responsibility to comply with OSHA Standards and Regulations pertaining to all aspects of the work. ITEM 405-PIPE BURSTING/CRUSHING B. Bypassing Sewage When required for acceptable completion of the pipe bursting/crushing process, the Contractor shall provide for continuous sewage flow around the section(s) of pipe designated for the installation of replacement pipe. The pump bypass lines shall be of adequate capacity and size to handle the flow in accordance with Item 411, Sewer Flow Control. C. Pre-Installation Video Inspection. Television inspection of existing pipelines shall be performed by experienced personnel trained to operate closed circuit color television equipment. Television inspection shall include the following: • Videos shall be submitted to the City/Engineer. • Videos will remain the property of the City. • Video of the existing sewer shall have the appropriate stationing indicated for each service. Data and stationing to be shown on the video. • Should any portion of the inspection video be of inadequate quality or coverage, the Contractor shall have the portion re-inspected and video taped at no additional expense to the City. 405.07 -INSTALLATION PROCEDURES The Contractor shall submit information, in detail, of the procedure and the steps to be followed for the installation of the pipe bursting/crushing method selected, even if the process is named in the specification. All such instructions and procedures submitted shall be carefully followed during installation. Any proposed changes installation procedures shall require submittal of revised procedures and acceptance by the Engineer. A. Finished Pipe The installed replacement pipe shall be continuous over the entire length of each pipe segment from manhole to manhole and shall be free from visual defects such as foreign inclusions, concentrated ridges, discoloration, pitting, varying wall thickness and other deformities. Replacement pipe with gashes, nicks, abrasions, or any such physical damage which may have occurred during storage and/or handling, which are larger/deeper than 10% of the wall thickness shall not be used and shall be removed from the construction site. The replacement pipe passing through or terminating in a manhole shall be carefully cut out in a shape and manner approved by the Engineer. The invert and benches shall be streamlined and improved for smooth flow. The installed pipe shall meet the leakage requirements of the pressure test specified later. B. Pipe Jointing Sections of polyethylene replacement pipe shall be assembled and joined on the job site above the ground. Jointing shall be accomplished by the heating and butt-fusion method in strict conformance with the manufacturer's printed instructions. ITEM 405-PIPE BURSTING/CRUSHING The butt-fusion method for pipe joint shall be carried out in the field by operators with prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. These joints shall have a smooth, uniform, double rolled back bead made while applying the proper melt, pressure, and alignment. It shall be the sole responsibility of the Contractor to provide an acceptable butt- fusion joint. All joints shall be made available for inspection by the Engineer before insertion. The replacement pipe shall be joined on the site in appropriate working lengths near the insertion pit. The maximum length of continuous replacement pipe which shall be assembled above ground and pulled on the job site at any one time shall be 600 linear feet. C. Insertion or Access Pits The location and number of insertion or access pits shall be planned by the Contractor and submitted in writing for approval by the Engineer prior to excavation. The pits shall be located such that their total number shall be minimized and the length of replacement pipe installed in a single pull shall be maximized. Locations of damaged pipe shall be used for insertion pits ifdirected by the Engineer. The cost for diversion pumping required around an insertion pit, from a manhole upstream to a manhole downstream, shall be per applicable item of these specifications. Excavation for insertion pits shall not be paid for separately but shall be included in the unit price bid for pipe bursting/crushing. D. Process Limitations Though the installation process may be licensed or proprietary in nature, the Contractor SHALL NOT change any material, thickness, design values or procedural matters stated or approved in the submittals, without the Engineer's prior knowledge and preapproval. The Contractor shall submit, in writing, full denials about component materials, their properties and installation procedures and abide by them fully during the entire course of the project. All sewer rehabilitation by pipe bursting/crushing methods is being considered structurally equal processes as far as "end product" required by the City. The minimum required performance criteria, and/or standards, physical/structural properties, chemicals resistance tests, and the replacement pipe thicknesses as given in this specification shall be strictly complied. It shall be the responsibility of the Contractor to comply with the specifications in full without any request for any change after the award of the contract. The City reserves the right to accept, reject, or modify any later requests for change at no additional cost to the City or even to the extent of asking credit for the City. E. Post Construction Video Inspection Television inspection of the completed pipelines shall be performed by experienced personnel trained to operate closed circuit color television equipment. Television inspection shall include the following: • Videos shall be submitted to the City/Engineer. • Videos will remain the property of the City. • Video tape of the completed sewer shall have the appropriate stationing indicated for each service. Data and stationing to be shown on the video. • Should any portion of the inspection video be of inadequate quality or coverage, the Contractor shall have the portion re-inspected and video taped at no additional expense to the City. ITEM 405-PIPE BURSTING/CRUSHING 405.08 -SEALING AND BENCHES IN MANHOLE The replacement pipe shall be installed with a tight fitting seal with the existing or new manhole. Half-inch diameter activated oakum band soaked in Scotch seal 5600 or equal shall be applied circumferentially on the replacement pipe and encased with a cementitious mortar to prevent inflow at the manhole. The top half of the pipe within the manhole shall be neatly cut off and not broken or sheared off, at least four inches away from the manhole walls. The channel in the manhole shall be a smooth continuation of the pipe(s) and shall be merged with other lines or channels, if any. Channel cross-section shall be U-shaped with a minimum height of half pipe diameter to three- fourths of the pipe diameter for fifteen inches and larger. The side of the channels shall be built up with mortar/concrete, as specified, to provide benches at a maximum of 1 in 12 pitch towards the channel. Payment for above work shall be incidental to sewer rehabilitation by the pipe bursting/crushing method, since that payment is made from centerline to centerline of manhole(s). Separate payment shall be made if no line or manhole is rehabilitated but benches are required to be improved as above. The replacement pipe in the manhole shall be sealed as specified above before proceeding on to the next manhole section and all manholes shall be individually inspected for replacement pipe cut- offs, benches and sealing works. 405.09 -TESTING OF THE REPLACEMENT PIPE All costs for testing the replacement pipe by a pressure method will be incidental to the installation. A low pressure air test shall be required after the replacement pipe has been installed in the existing sanitary sewer main. A low pressure air test of the replacement pipe before it has been sealed in place at the manholes will be required before any service reconnections have been made. The purpose of this test is to check the integrity of the joints that have been made and to verify that the replacement pipe has not been damaged by inserting it into the sanitary sewer. Low pressure air test procedure will be as required in Item 450, Testing Sanitary Sewer Lines. 405.10-PAYMENT The unit price bid for rehabilitating the sewer main in the manner described shall be full compensation for all materials, labor, equipment, and incidentals required to install the replacement pipe within the sewer main, reworking the manholes inverts and benches, etc. Payment shall be for actual linear footage for replacement pipe installed in the field and shall be measured between the center lines of the manholes. All costs for testing the replacement pipe shall be considered incidental to the cost of rehabilitating the sewer.The Contractor shall be responsible for making adequate and suitable arrangements for any bypass pumping that may become necessary to prevent any backflow into houses or buildings, or onto the streets between the time the replacement pipe in installed and the service reconnections have been made, tested, and approved by the City. Bypass pumping shall be performed and paid in accordance with Item 411, Sewer Flow Control. Payment for service connections restored by excavation and reconnecting with approved fitting shall be made separately as per bid item. Excavation for service connection which is found plugged and no longer required shall be left as is, and paid as per appropriate bid item for Abandonment of Service Connection. Two or more service laterals from several houses coming at one point to thesewer (replacement pipe) through stacks, wyes and/or tees, shall be considered as one service connection. However, the Engineer may move/relocate such service connections so as not to exceed more than two houses per each new connection pipe. ITEM 405-PIPE BURSTING/CRUSHING All other payments shall be made as per bid items. No payment shall be made for work considered incidental or complimentary to a pay item already in bid item. The Contractor shall clarify, for his own benefit, all work required for any item, incidental or otherwise, prior to bidding. ITEM 410-SEWER LINE CLEANING 410.01 -GENERAL Since the success of the other phases of work depends a great deal on the cleanliness of the lines, the importance of this phase of the operation cannot be stressed too strongly. It is recognized that there are some conditions such as badly broken or eroded pipe or major blockages that prevent cleaning from being accomplished or where additional sewer line damage would be done if cleaning is attempted or continued. Should conditions of this nature be encountered, it shall be the decision of the Engineer as to whether or not those sections of sewer line shall be cleaned. 410.02 -LIMITS OF WORK Sewer line cleaning shall be performed on those portions of the sanitary sewer line which is to be rehabilitated. 410.03 -SEWER CLEANING The designated lengths of sewer line shall be cleaned using mechanically powered, hydraulically propelled, or high velocity sewer cleaning equipment, or by other means with the Engineer's prior approval. Selection of the equipment used shall be based on the conditions of the lines at the time the work commences. The equipment and methods selected shall be satisfactory to the Engineer. The equipment selected for cleaning shall be capable of removing dirt, grease, rocks, sand, and other deleterious materials and obstructions from the sewer lines and manholes. If the designated sewer cleaning cannot be successfully performed from the adjacent manhole, the Engineer may require the Contractor to attempt the designated cleaning from the opposite manhole. If, in the opinion of the Engineer, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and a point repair shall be made to remove the blockage. 410.04 -MATERIAL REMOVAL All sludge, dirt, sand, rocks, grease, and other solid or semi-solid material resulting from the cleaning operation shall be removed at one of the manholes of the section being cleaned. Passing material from manhole section to manhole section which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment shall not be permitted. 410.05 -DISPOSAL OF MATERIALS All solids or semi-solids resulting from the cleaning operations shall be removed from the site and disposed of in a manner and at a site designated by the Owner. All materials shall be removed from the site no less often that at the end of each workday. Under NO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally enclosed containers and as approved by the Owner. ITEM 410-SEWER LINE CLEANING 410.06 -CLEANING PRECAUTIONS During all sewer cleaning operations, satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Whenever hydraulically propelled cleaning tools dependent upon water pressure for their cleaning force, or any tools which retard the flow of water in the sewer line, are used, precautions shall be taken to ensure that the water pressure created does not cause any damage or flooding to public or private property being served by the sewer line involved. The flow of sewage in the sewer lines shall be utilized to provide necessary pressures for hydraulic cleaning devices whenever possible. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant nor shall a hydrant be used for the purpose described unless a vacuum break is provided. 410.07 -CLEANING EQUIPMENT A. Hydraulic Cleaning Equipment. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal diameter as the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure total removal of grease. If sewer cleaning balls or other such equipment, are used, special precautions against flooding of the sewers and public or private property, shall be taken. B. High Velocity Hydro-Cleaning Equipment. All high velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more high velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 degrees to 45 degrees in all size lines designated to be cleaned. Equipmentshall also include a high velocity gun for washing and scouring manhole walls and floor.The gun shall be capable of producing flows from a fine spray to a long distance solid stream.The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. All controls shall be located so that the equipment can be operated above ground. C. Mechanical Cleaning Equipment. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. A power rodding machine shall be either a sectional or continuous type capable of holding a minimum of 750 feet of rod. The rod shall be specifically treated steel. To ensure safe operation, the machine shall have a fully enclosed body and an automatic safety throw- out clutch or relief valve. 410.08 -PAYMENT Cleaning of sewer lines shall be included as a part of the line rehabilitation bid item and shall not be a separated pay item ITEM 411 -SEWER FLOW CONTROLS 411.01 -GENERAL When sewer line flows at the upstream manhole of the section being worked are above the maximum allowable requirement for sewer line cleaning the flows shall be reduced to the levels shown indicated by manual operation of pump stations, plugging/blocking of the flows, or by pumping/bypassing of flows, as specified. 411.02 -MAXIMUM SEWAGE FLOWS Sewer flows shall not exceed those shown below for the respective line sizes as measured in the manhole when performing television inspection. Maximum Line Flows Television Inspection 6"- 10" Pipe 20% of pipe diameter 12" - 24" Pipe 25% of pipe diameter Over 24" Pipe 30% of pipe diameter 411.03 -PLUGGING OR BLOCKING A sewer line plug shall be inserted into the line at a manhole upstream from the section being inspected. The plug shall be so designed that all or any portion of the sewage flows can be released. During the inspection, testing or connecting portion of the operation, flows shall be shut off or reduced to within the maximum flow limits specified in 411.02. After the work tasks have been completed, flows shall be restored to normal. 411.04 -PUMPING AND BYPASSING When pumping/bypassing is required,the Contractor shall supply the necessary pumps,conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flows plus additional flows that may occur during rain storms.The Contractor will be responsiblefor furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. If pumping is required on a 24-hour basis, all engines shall be equipped in a manner to keep the pump noise at a minimum. 411.05 -FLOW CONTROL PRECAUTIONS Whenever flows in a sewer line are blocked, plugged, or bypassed, sufficient precautions must be taken to protect the sewer lines from damage that might be inflicted by excessive sewer surcharging. Further, precautions must be taken to ensure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. 411.06 -PAYMENT No separate payment for work performed under this item unless otherwise indicated in the bid items. Include cost of same in contract price bid for work of which this is a component part. ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS 429.01 - GENERAL All manholes, junction boxes, and wet wells shall be constructed at the locations and shall be of the types shown on the plans. They shall consist of all excavation, castings, backfilling, and furnishing all materials or other items necessary for installation thereof. Manholes shall be constructed of precast reinforced concrete or fiberglass at the option of the Contractor. Wet wells shall be constructed of precast reinforced concrete pipe or boxes with gasketed joints, where precast units of indicated sizing are available. Precast units shall be specifically designed for vertical installation were used. Where wet well size exceeds available precast box sizing or where specifically indicated on the plans, cast-in-place structures are required. It is the intent of this specification to provide for watertight construction of all manholes and junction boxes, including watertight covers if necessary. 429.02 - EXCAVATION AND BACKFILL The Contractor shall excavate to the required depth and size for each manhole and wet well. The Engineer may require the Contractor to undercut for a maximum of twelve (12") inches below the manhole base and backfill with stabilized material where necessary. Backfill from the base to a point not less than twelve (12") inches below ground level shall be as follows: A. Precast Concrete Manholes and Wet Wells. Backfill shall consist of (a) select soil from the excavation, compacted to a minimum of ninety-five (95%) percent density; or (b) well-tamped sand-cement [two (2) sacks of cement per cubic yard]. B. Other Manholes. Backfill material shall be approved by the Engineer. 429.03 - CONSTRUCTION OF MANHOLES A. Main Lines 24 Inches O.D. or Smaller. Manholes (including bases) shall be constructed around main line sewer pipes after pipe laying. Other sewer pipes shall be built in and trimmed with a minimum of six (6") inches intrusion inside the manhole wall. The base of the manhole shall consist of reinforced concrete as shown on the attached sketches. The concrete may be precast according to ASTM C-478, or cast in place, at the option of the Contractor. A concrete or grout invert shall be formed according to the sketches. The manhole wall shall consist of precast concrete, or other approved material (Sections .04 thru .06), with no built-in steps or ladder rungs permitted. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or to the grade designated on the plans or by the Engineer). B. Main Lines 48 Inches I.D. or Larger. The manhole shall consist of a stack from the top of the sewer line up to natural ground (or other designated grade), according to the attached sketches. One joint of the main line shall consist of a prefabricated tee with the lateral branch vertical. The tee shall be designed and fabricated to carry the design load of the manhole, with design subject to the approval of the Engineer. If the tee is of a corrosive material such as concrete, it shall be coated on the inside with coal tar epoxy according to Item 700. Alternate coating or lining methods shall be subject to the approval of the Engineer. The manhole wall shall be an extension of the tee branch. The wall shall consist of precast concrete, or other approved material as described below, with no built-in steps or ladder rungs permitted. The wall design shall be compatible with the structural strength of the tee upon which it is resting. ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS Lateral sewer pipes shall be built into the manhole wall and trimmed with a minimum of six (6") inches intrusion inside the wall. Any laterals below the base of the stack shall be built through the side of the tee section and trimmed according to the details in the attached sketches. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or other designated grade). C. Main Lines 24 Inches Through 42 Inches I.D. Manholes shall be similar to the stack manholes in Subsection 2 above, except for details at the top of the tee. In this case the vertical tee shall be the same size as the main line, with a concrete pad at the top to support the 48 inch manhole. Construction shall be according to the attached sketches. 429.04 - PRECAST CONCRETE MANHOLE AND WET WELLS The walls shall consist of risers, cones, and grade rings conforming to ASTM C-478. Joints shall be watertight and of the tongue and groove type, gasketed. Concrete pipe for manholes shall consist of risers, cones, and grade rings conforming to ASTM C-478. Concrete pipe or boxes for wet wells to be as noted on Plans. 429.05 - PROTECTIVE LININGS The walls and inverts shall be coated as per Item 602 - Prior to installation. 429.06 - FIBERGLASS MANHOLES The walls and cone shall consist of fiberglass construction conforming to ASTM D3753. The wall and cone shall consist of a single manufactured unit extended from the base to within eighteen inches of final grade. One or more concrete grade rings shall be placed between the fiberglass manhole and the cast iron ring and cover. The complete manhole shall be designed for a wheel load of 40,000 pounds. 429.07 - OTHER TYPES MANHOLES Other materials may be used in manholes upon the approval of the Engineer. The Contractor shall submit to the Engineer in writing any proposals for alternate construction materials, including material specifications and structural details. 429.08 - DROP INLETS A. Manholes (Other than Stack). When an incoming line is two (2')feet or more above the flow line of the outgoing line, a drop inlet shall be constructed just outside the manhole as detailed in the attached sketches. B. Stack Manholes. A drop inlet shall be constructed for any incoming line more than eighteen (18") inches above the crown of the main line. 429.09 - JUNCTION BOXES All junction boxes shall be constructed at the locations and shall be sized in accordance with plans accompanying these specifications. The boxes shall be constructed of reinforced concrete, complete with cast iron ring and covers. All sewer pipe entering the box shall be built in and placed flush with the inner wall of the box. ITEM 429-MAHOLES.JUNCTION BOXES AND WET WELLS 429.10 - CONCRETE Cast-in-place concrete shall conform to Item 200, with minimum 28-day f'c of 2000 psi for manhole bases and 3000 psi for junction boxes. All manhole bases shall be poured monolithically. The floor of a junction box may be poured separately with proper keyways, waterstops, and dowels for the walls. 429.11 - REINFORCING STEEL All reinforcing steel shall conform to Item 201, with billet steel required for manhole and wet well bases and junction boxes. 429.12 - CASTINGS FOR MANHOLES,JUNCTION BOXES AND WET WELLS All iron castings shall be of first quality and shall conform to ASTM A-48, Class 35. Rings and covers shall conform to the standard patterns of Mabry Foundry, Vulcan Foundry, Neenah Foundry, or prior approved equivalent. Rings and covers shall be of a heavy traffic type, machine seated, and designed not to rock. The bearing surfaces of rings and covers shall be carefully machine-finished so that the cover will have an even bearing on the frame for its entire periphery. Rings and covers shall be sized with a thirty-two (32") inch cover diameter, unless shown differently in the plans. Each ring and cover shall consist of one of the following types, as designated on the plans or by the Engineer. A. Perforated. The cover shall fit the ring smoothly, but need not be gasketed. The cover shall contain a minimum of four (4) holes of approximately three-fourths (3/4") inch diameter. B. Self-Sealing. The cover shall be solid with concealed pick holes. The bottom of the cover shall contain a precisely machined groove fitted with a continuous gasket. The gasket material shall be of special composition, with good sealing qualities, abrasion resistance, and low compression set. C. Self-Sealing Vented. The cover shall be similar to the self-sealing cover above, and shall contain a vent hole of 1 •in diameter located in the center of the cover. An inflow prevention device shall be installed to minimize inflow. See Item 429.13 below. 429.13 - INFLOW PREVENTION FOR VENTED COVERS The inflow prevention device shall be designed to minimize inflow into the sanitary sewer manhole.The device shall be load tested to withstand 800 pounds outside of traffic areas and 3000 lbs within traffic areas. The inflow prevention device shall be stainless steel insert equal to the "Rainstopper" as manufactured by Southwestern Packing and Seals, Inc. The device shall include gasket, relief valve and handle. The handle shall be designed to withstand a minimum 500 lbs. of force before failure. 429.14 - WATERSTOP GASKETS ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS Waterstop gaskets shall comply with ASTM F-477, having a cross-section of a minimum of three (3") inches in nominal width, and shall be secured in place with a stainless steel strap clamp. Waterstop gaskets shall be placed around all sewer lines at manhole joints. The securing clamp shall be made tight with gasket and clamp completely, enclosed in place, using an expansive grout at thickness of six (6") inches all around. Grout shall be metallic base non-shrink equal to Sika Chemical "Kemox", Gifford Hill "Gilco", or Master Builders "Embecco", or prior approved equivalent. 429.15 - TESTING All completed manholes shall be exfiltration tested according to Item 450. Any manhole which fails the test shall be repaired and retested. 429.16 - PAYMENT No separate pay. ITEM 450-TESTING SANITARY SEWER LINES 450.01 -GENERAL This specification shall provide for inspection and testing of all newly constructed sanitary sewer lines and manholes for watertight construction and for excessive deflection. 450.02 -WATERTIGHT CONSTRUCTION TESTING New sewer lines shall be tested by either a low pressure air test, an infiltration test, or an exfiltration test. The Contractor shall select one of these procedures for each new line, according to ground water conditions, subject to the approval of the Engineer. (Air testing is required for vitrified clay sewer lines). Leakage testing is not required for partial replacement of existing manhole segments. All new manholes shall be tested, as described in Item 450.08 below. 450.03 -GROUND WATER LEVEL Before conducting an air, exfiltration, or infiltration test on one or more adjacent line segments (the test section), the Contractor shall determine the ground water level at 400 foot intervals within thetest section. Each interval shall have a two (2") inch vertical pipe set in the ground it for this purpose. Some existing manholes may have this device or another device previously installed forthis purpose. Before testing the sewer lines, the Contractor shall insert a small rod into each two (2") inch pipe along the test section to determine the level of ground water in the pipe. If an existing manhole along the test section contains a nipple or other device for this purpose, the Contractor shall determine the ground water level by means of this device if practical. All ground water measurements shall be converted to depth of ground water above the pipe invert of the test section. The ground water depth for the test section shall be taken as the greatest depth so calculated. If no reliable measurement can be made,the ground water depth shall be taken as the greatest line depth along the test section. 450.04 -AIR TEST(PIPE OTHER THAN VCP) (Allowed for Lines Smaller Than 36"Only) When air testing is selected (for sewers other than vitrified clay), the Contractor shall conduct the test as follows. A. Conduct the test between two (2) consecutive manholes, as directed by the Engineer. B. Plug the test section at each end. One of the plugs used at the manhole shall be tapped and equipped for the air inlet connection for filling the line from an air compressor. C. Make sure that all plugs are properly braced against the internal pressure to prevent air leakage by slippage and blowouts. D. Connect air hose to tapped plug selected for the air inlet. Then connect the other end of the air hose to the portable air control equipment which consists of valves and pressure gauges used (a)to control the air entry rate to the test section, and (b)to monitor the air pressure in the pipe line. ITEM 450-TESTING SANITARY SEWER LINES More specifically, the air control equipment shall include a shut-off valve, a pressure regulating valve, a pressure reduction valve, and a monitoring pressure gauge having a pressure range from zero(0)to fifteen (15) psi. The gauge shall have a minimum division of 0.10 psi and an accuracy of+ 0.04 psi. E. Connect another air hose between the air compressor and the air control equipment. F. Supply air to the test section slowly, filling the pipe line to a constant pressure of 3.5 psig plus 0.433 psi for each foot of ground water depth above the invert of the pipe. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 15.0 psig. G. When constant pressure of 3.5 psig plus ground water pressure adjustment (GWP) is reached, throttle the air supply to maintain the internal pressure above 3.0 psig plus GWP for at least five (5) minutes. If leakage is detected at any cap or plug, release the pressure in the line and tighten or repair the faulty plug. A new five (5) minute interval must be allowed afterthe pipe line has been refilled. H. After the stabilization period, adjust the air pressure to 3.75 psig plus GWP and shut off or disconnect the air supply. Commence timing when the air pressure reaches 3.5 psig+GWP with a stopwatch which is allowed to run until the line pressure drops to 2.5 psig plus GWP, at which time the stopwatch is stopped. The time required, as shown on the stopwatch, for a pressure loss from 3.5 psig to 2.5 psig is used to compute the air loss. I. If the time, in minutes and seconds, for the air pressure to drop 0.5 psig is greater than that calculated using the equation below, the test section shall have passed. J. If the time is less than calculated using the equation below, the test section shall not have passed and adequate repairs must be made. T= 0.0850(D)(K)/(Q) T = Time for pressure to drop 1.0 psig in seconds K = 0.000419 DL, but not less than one D = Average inside diameter of pipe (inches) L = Length of line of same pipe size in feet Q = Rate of loss, assume 0.0015 ft3/min/ft2of internal surface 450.05-AIR TEST (VITRIFIED CLAY PIPE) Air testing of new sewer lines constructed of vitrified clay shall be conducted according to ASTM C- 828. 450.06 -INFILTRATION TEST PROCEDURES (SEWER LINES) When infiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. ITEM 450-TESTING SANITARY SEWER LINES B. The length of the test section shall be determined by field measurement by the Engineer. C. Plug all inlets and outlets at upstream manhole except the one for the line being tested. D. Cap or plug all service laterals, stubs, and fittings into the test section, so as to prevent ground water from coming in at these connections. E. When the test section consists of more than one manhole sections, plug all connecting sewer lines from intermediate manholes (unless the tributary lines are part of the test section). F. Place V-notch weir into the upstream pipe in the downstream manhole where the measurement will be recorded.The weir shall be installed so as to maintain a watertight seal between the weir and the interior surface of the pipe to prevent water bypassing the V-notch weir. G. V-notch weirs shall be constructed to a high degree of accuracy to avoid erroneous measurements. All weirs used for testing shall be approved by the Engineer. H. After V-notch weir has been installed,allow sufficient time for the infiltrating water to build up and level off behind the weir, until a steady, uniform flow passes over the V-notch weir. I. Measurements can be taken after steady flow occurs over the V-notch weir. Leakage shall be determined from the readings, either directly or by converting the readings of the flow into terms of gallons/(inch diam.--mile--day). Caution shall be taken in recording the readings due to possible variations in flow resulting from local conditions. All weir readings shall be made under the direction of the Engineer's representative. J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10 below. 450.07 -EXFILTRATION TEST PROCEDURES (SEWER LINES) When exfiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. B. The length of the test section shall be determined by the Engineer. C. All service laterals, stubs, and fittings into the sewer line being tested shall be properly capped or plugged, and carefully braced to resist the thrust actions developed by the internal water pressure. D. Insert and tighten a tapped plug in each of the following locations: 1. Inlet pipe of downstream manhole,for connecting the water supply for filling the sewer. 2. Outlet pipe of upstream manhole, for connection to standpipe. ITEM 450-TESTING SANITARY SEWER LINES E. Place the standpipe in the upper manhole and connect it to the tapped plug. The standpipe shall be capable of handling from ten (10') feet to twenty-five (25') feet of water head to determine the tightness and soundness of the sewer line, as specified and directed by the Engineer. F. Introduce water into the line through the downstream manhole until the standpipe in the upstream manhole has been completely filled. G. Allow the line to stand for several hours after filling with water, before beginning the test. During this time some water absorption into the manhole structures and sewer pipe will take place. After the water absorption has stabilized, check the water level in the standpipe and add water if necessary. H. The test is now ready to begin. Measure and record the drop in the standpipe over a fifteen (15) minute period. To verify the first results, conduct a second fifteen (15) minute test. I. Convert the measured drops in the standpipe to leakage in terms of gallons/(inch diameter-- mile--day). J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10 below. 450.08 -TEST PROCEDURES (MANHOLES) The Contractor shall test each new manhole by an exfiltration test, as required by the following TCEQ Regulations. A. Hydrostatic Testing. Manholes shall be tested for leakage separately and independently of the wastewater lines by hydrostatic exfiltration testing, vacuum testing, or other methods acceptable to the commission. If a manhole fails a leakage test, the manhole must be made water tight and retested. The maximum leakage for hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole depth per hour. Alternative test methods must ensure compliance with the above allowable leakage. Hydrostatic exfiltration testing shall be performed as follows: all wastewater lines coming into the manhole shall be sealed with an internal pipe plug, then the manhole shall be filled with water and maintained full for at least one hour. For concrete manholes a wetting period of 24 hours may be used prior to testing in order to allow saturation of the concrete. B. Vacuum Testing. To perform a vacuum test, on the owner shall plug all lift holes and exterior joints with a non-shrink grout and plug all pipes entering the manhole. No grout must be placed in horizontal joints before testing. Stub-outs, manhole boots, and pipe plugs must be secured to prevent movement while the vacuum is drawn. The owner shall use a minimum 60-inch /lb torque wrench to tighten the external clamps that secure the test cover to the top of the manhole. The test head must be placed at the inside of the top of the cone section, and the seal inflated in accordance with the manufacturer's recommendations. There must be a vacuum of 10 inches (4.912 psi) of mercury inside the manhole to perform a valid test. The test does not begin until after the vacuum pump is off. The manhole passes the test if after 2 minutes and with all valves closed, the vacuum is at least 9 inches (4.421 psi) of mercury. 450.09 -TEST RESULTS ITEM 450-TESTING SANITARY SEWER LINES The Contractor shall furnish the test results in triplicate following the format of the form at the end of this section. Testing shall be performed as soon as practical after completing a section of sewer line. No more than 3000 feet of sewer may be laid without testing having been completed up to and including the last manhole in the line. 450.10 -INFILTRATION/EXFILTRATION LIMITS The maximum allowable infiltration/exfiltration rate shall be fifty (50) gallons/(inch diameter--mile-- day). 450.11 -DEFLECTION TESTING Deflection test shall be performed on all flexible and semi-rigid pipe. The test shall be conducted after the final backfill has been in place at least thirty (30) days. No pipe shall exceed a deflection of five percent (5%). If the deflection test is to be run using a rigid ball or mandrel, it shall have a diameter equal to ninety-five percent (95%) of the inside diameter of the pipe. The test shall be performed without mechanical pulling devices. 450.12 -PAYMENT No separate payment shall be made for testing of sewer lines and manholes. This work shall be included in the unit prices bid for the lines and manholes. ITEM 450-TESTING SANITARY SEWER LINES OWNER: DATE: PROJECT: WEATHER: CONTRACTOR: CONTRACTOR: EQUIPMENT ON JOB: ENGINEER: STATIONS: DIAMETER: PIPE TYPE: LENGTH: AIR TESTING ALLOWABLE TIME FOR 1/2 POUND DROP: TIME: PRESSURE: END: START: START: END: TOTAL: DROP: INFILTRATION/EXFILTRATION ALLOWABLE INFLTRATION/EXFILTRATION: 50 GALS./INCH DIA./MILE/DAY EXFILTRATION TEST: TIME: WATER LEVEL STANDPIPE: END: START: START: END: TOTAL: DROP: FT. COMPUTED EXFILTRATION: INFILTRATION TEST: TIME: WEIR MEASUREMENTS(G.P.M.): END: 3 MIN. 9 MIN. 15 MIN. START: 6 MIN. 12 MIN. TOTAL: TOTAL: GALLONS COMPUTED INFILTRATION: OWNER'S REPRESENTATIVE CONTRACTOR'S REPRESENTATIVE ITEM 508-HIGH DENSITY POLYETHYLENE PIPE 508.01 -GENERAL Furnish High Density Polyethylene pipe and fittings of size(s)shown on plans. This item governs materials, fittings and incidentals required for the joining and bedding of pipe type for use in sanitary sewer force mains. 508.02 -MATERIALS A. Polyethylene pipe having an SDR rating of 17. B. Polyethylene pipe meeting ASTM F714 and manufactured from a high density, high molecular weight, polyethylene resin which conforms to ASTM D-1248 and meets the requirements for Type III, Class C, Grade P34, Category 5, polyethylene compound and has PPI rating of PE 3408. The pipe produced from this resin shall have a minimum cell classification of PE 4543C per ASTM D3350. C. Before beginning work, the Contractor shall submit to the Engineer for approval,the vendor's specific technical data with complete physical properties of pipe and pipe dimensions pertinent to this job. HDPE pipe to be as manufactured by Driscopipe Prisma 4200, or equal. D. Butt fusion and extrusion welding of HDPE pipe and fittings shall be accomplished with proper equipment and operated in a thoroughly workman manner, in conformance with ASTM D3261. Equipment shall be in good repair. Contractor shall have fusion machine manufacturer's written instructions on site during fusion operations. Contractor shall employ only skilled welders capable of meeting the qualifications set by the manufacturer's specifications for an acceptable welded joint. Submit samples of fused joints using materials that are intended to be incorporated into the work for Consultant's review and acceptance prior to commencement of pipeline fusing. A qualified factory designated representative of the HDPE pipe shall be on site when Contractor begins butt fusion of the HDPE pipe, to provide direction and assistance for acceptable fusion of the HDPE, minimum of one day. E. Fittings to be fitted or fabricated. Fabricated fittings to have SDR rating equivalent to pipe. Fittings to be fusion welded to pipe, except mechanical jointing will be allowed at elbows for the purpose of minimizing stress to the pipe during installation.Mechanical jointing shall include flange adapters fused to the polyethylene pipe and convoluted stainless steel or ductile iron back-up flanges rated for a nominal non-shock operating pressure of 200 psig. Ductile iron flanges to be wrapped in 8 mil polyethylene film to prevent contact with backfill soils. Bolts and nuts to also be of stainless steel. At constructed dead end of pipe, install back-up flange and flanged reducer and blind flanged end piece. Flanges to be capable of mating with 24-inch ductile iron ANSI B16.1 fitting standard with a minimum working pressure of 150 psi. 508.03-INSTALLATION A. Trenching - To be in accordance with applicable underground piping technical specification contained herein. Excavate trench to a point 4 inches below the bottom of pipe. B. Pipe Zone Bedding - Install in accordance with ASTM D-2774. Hand tamp bedding material around haunches to a point twelve (12) inches above the top of pipe. Bedding and initial backfill material to be Class II Or III as defined by ASTM D2321. Class II materials are defined as coarse sand or gravels with a maximum size of 1-1/2 inches and have ITEM 508-HIGH DENSITY POLYETHYLENE PIPE Unified Soil Classification system (USCS) designation of GW, CP, SW and SP. Class II materials can be installed in loose state achieved by dumping. Class Ill materials are find sands, sand-clay mixtures and clayey gravels with USCS designations of GM, GC, SM and SC. Compact Class Ill bedding materials to a minimum of 85% of the maximum density achieved when tested in accordance with ASTM D698 (Standard Proctor). Place bedding material to a point four inches (4") below pipe and twelve inches (12") above the top of pipe. C. Backfill Above Pipe Zone-To be in accordance with applicable underground piping technical specification contained herein. 508.05-MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with applicable underground piping technical specification contained herein. ITEM 511 -PVC PIPE SCHEDULE 40 511.01 -GENERAL Furnish PVC pipe and fittings of size(s) shown on the plans. This item governs materials, fittings and incidentals required for the joining and bedding for schedule 40 sanitary sewer gravity service lines. 511.02-MATERIALS A. Pipe. P.V.C. pipe conforming to ASTM D1785 B. Fittings. PVC fittings conforming to ASTM D 2466 and D 2467. C. Joints. Use solvent weld joints as specified by ASTM D 2855 using primer and cement conforming to ASTM F656 and D2564. 511.03 -INSTALLATION A. Trenching. To be in accordance with applicable underground piping technical specification contained herein. B. Pipe Zone Beddina. Install in accordance with ASTM D-2774, using well rounded sand or gravel with a maximum particle size of 1/2 inch. Hand tamp bedding material around haunches to a point twelve (12) inches above the top of pipe. C. Backfill Above Pipe Zone. To be in accordance with applicable underground piping technical specification contained herein. 511.04-MEASUREMENT AND PAYMENT No separate payment. ITEM 2010-TRENCH SAFETY SYSTEMS 2010.01 -GENERAL A. Description: The Contractor shall comply with the requirements of OSHA Excavation Standard 29 CFR, Part 1926, 1926.651. Maintenance and inspection of any shoring and related equipment shall be the responsibility of the Contractor. Contractor shall provide a "competent person" who is capable of identifying hazards and who has authorization to take prompt corrective measures to eliminate them. The Contractor shall determine, as outlined by the OSHA Excavation Standard, the safety system needed for the project and submit to the Owner's Engineer information to describe the procedures which are planned to be used. Review of submitted information on trench safety system by the Owner and/or Engineer shall not relieve the Contractor of his responsibility to provide a safe working place for his employees. The Contractor agrees to hold harmless and defend the Owner and/or Engineer against any claim resulting from failure of the trench system or lack of one. B. Submittal Requirements 1. Provide the name and qualifications (certifications) of the person to be considered the Contractor's "competent person"as defined by the OSHA Excavation Standard- 2. Identify whether trench safety will be provided utilizing sloping or benching systems, by support, shield and other protective systems or both. Identify, for each system used, which of the four options in the OSHA Excavation Standard is being used for design. 3. For the selected system, provide descriptive information such as geometry of slopes or benched excavation, manufacturer's data or plan sealed by registered engineer. For the selected system, provide descriptive information such as geometry of slopes or benches excavation, manufacturer's data or plan sealed by registered engineer. 2010.02-CONSTRUCTION, MATERIALS,AND MAINTENANCE A. The Contractor is responsible for the selection of materials required support and shoring systems. Before beginning any excavation, the Contractor shall make an inspection of the job site. He shall pay special attention to the type of soil or soils in which he will be working, any adjacent roads, highways, and railroads, and any previous excavations. All underground installations shall be located, including utility lines, pipelines, etc., before any excavation begins. B. Each Contractor shall be responsible and liable for his own Trench Safety System, including self inspections, whether or not a representative of the Owner or Engineer is present on the job site. All trenches shall be provided with an adequate means of exit at all times. C. All maintenance of the trench safety equipment shall be the sole responsibility of the Contractor. The Contractor shall make an inspection of all trench excavations. He shall check for any evidence of cave-ins, slides, etc. If any change in soil conditions or failure of the trench is found, the Contractor shall remedy such. All water shall be diverted by suitable means to prevent the entrance of same into any excavation. No water shall be allowed to accumulate in any excavation and shall be removed as soon as possible ITEM 2010-TRENCH SAFETY SYSTEMS 2010.03-IMPLEMENTATION Prior to beginning any construction, the Contractor shall submit, in writing, the information as required by 2010.01.2. Any delays due to failure to submit the information will not be considered for extension to the contract time. 2010.04-INDEMNIFICATION A. The Contractor shall indemnify and hold harmless the Owner, and the Owner's employees, agents and Engineer, from any and all damages, cost (including without limitation, legal fees, court costs, and investigation costs), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. These specifications for the trench safety system in no way relieve the Contractor of his responsibilities and liability to ensure the safety of the workers or any other party from the hazards of the construction operations. B. The Contractor is responsible for determining the appropriate trench safety systems necessary for specific locations based on actual subsurface conditions encountered during construction. The Owner and Owner's Engineer shall be held harmless from any claim or liability for injury or loss that results from failure on the part of the Contractor to implement the Trench Safety System plan properly or to make necessary changes to the trench safety systems necessitated by conditions encountered during construction. 2010.05-MEASUREMENT AND PAYMENT The specified trench safety system will be measured by the linear foot along the centerline of the pipe, including manholes/inlets, in accordance with the specifications. Payment for the trench safety system, measured as prescribed above, will be made at the unit price bid per linear foot based on depth, less than 5 foot or greater than 5 foot. Payment will not be made for linear footage of pipe installed by boring methods; however, the excavated pits required for installation by boring will be included in the measurement for trench safety. Payment shall be full compensation, in accordance with the pay item set in the bid for the trench safety system, including but not limited to all benching, sloping, hauling, shoring, sheeting, excess excavations, dewatering, sheet piling, bracing, trench shields, and all other incidentals necessary to provide the trench safety system as provided in the Contractor's submitted information. ITEM 4003-TELEVISION INSPECTION 4003.01 -GENERAL The Sanitary Sewer lines shall be televised in conjunction with the cleaning operation. The sewer shall be visually inspected by means of closed-circuit television. The inspection will be done one manhole section (or dead-end segment) at a time, and the flow in the section being inspected will be suitably controlled, as specified in Item 411. 4003.02-VIDEO EQUIPMENT The television camera used for the inspection shall be one specifically designed and constructed for such inspection, and shall provide a color picture(record)and be equipped with a 300°pan and tilt head. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe. The camera shall be operative in one hundred (100%) percent humidity conditions. The camera, television monitor, and other components of the video system shall be capable of definition to the satisfaction of the Engineer and if unsatisfactory, equipment shall be removed and no payment made for unsatisfactory inspection. 4003.03-PROCEDURE The camera shall be moved through the line in either direction at a uniform rate, stopping when necessary to insure proper documentation of the sewer's condition. In no case shall the television camera be pulled at a speed greater than thirty (30') feet per minute. The camera shall be moved through the sewer line by devices which will not obstruct the camera view or interfere with proper documentation of sewer conditions. Such devices include manual winches, power winches, TV cable, and powered rewinds. When pulling between manholes is inapplicable, such as dead-ends segments, the Contractor may push the camera for a short distance with jointed rods or similar devices, or may pull the camera by running cables through a cleanout. If, during the inspection operation the camera will not pass through a portion of the pipe the Contractor shall follow one or both of the following procedures (if directed by the Engineer): A. Attempt to remove the blockage in the pipe without a point repair. B. Re-set up equipment in such a manner as to perform the inspection from the opposite manhole and note the location of the blockage. If, in the opinion of the Engineer, the Contractor has followed the procedure(s) above, and the camera still fails to pass through the pipe, the blockage shall be noted and the Contractor shall move too the next line segment. 4003.04-COMMUNICATION Whenever non-remote powered and controlled winches are used to pull the television camera through the line, telephones or other suitable means of communication shall be set up between the two manholes of the section being inspected to insure good communications between members of the crew. 4003.05-MEASUREMENT The accuracy of measurements cannot be stressed too strongly. Measurement for location of defects shall be by means of a meter device. Marking on cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Measurement meters will be accurate to two tenths (0.2•) of a foot over the length of the section being inspected. Accuracy of the measurement meters shall be checked daily by use of a walking meter, roll-a-tape, or other suitable device ITEM 4003-TELEVISION INSPECTION 4003.06-DOCUMENTATION Documentation of the television results shall be as follows: A. Television Inspection Logs. Printed location records shall be kept by the Contractor and will clearly show the location, in relation to adjacent manholes, of each infiltration point discovered by the television camera. In addition, other points of significance such as locations of sewer connections,joints, unusual conditions, roots, storm sewer connections, collapsed sections, presence of scale and corrosion, and other discernible features will be recorded and a copy of such records will be supplied to the Owner. B. Video Tape Recordings. The Contractor shall make a continuous video tape recording of all line segments (or portions thereof) televised, including verbal comments on line conditions. The purpose is to supply a visual and audio record of problem areas of the lines that may be replayed both daily and at future presentations. The Contractor shall keep all tapes and necessary playback equipment readily accessible for review by the Owner during the project and for thirty (30) days after project completion. Video tape recording playback shall be at the same speed that it was recorded. Slow motion, stop motion, and recap features shall be available on the playback equipment. At least one (1) copy of each video tape shall be supplied to both the owner and the Engineer. The copies shall be exact duplicates of the original tapes and shall be of equal quality in tape, audio, and visual. 4003.07-RESTORATION OF SITE If the Contractor digs any pull pits for the purpose of televising or for equipment removal, he shall restore the sites to their original condition or better. All sewer pipe broken to provide access for equipment shall be repaired or replaced, using material similar to the existing line where practical. The restored lines shall be structurally sound and free of infiltration/inflow. All bedding and backfill shall be 1-1/2 sack cement stabilized sand to one (1) foot above the pipe then the remaining backfill and surface restoration shall be equal to or better than the existing. 4003.08-SAFETY If during construction operations, entry into a confined space is required, the Contractor shall comply with the requirements set forth in "Part II, Department of Labor, OSHA, 29 CFR Parts 1910, Permit-Required Confined Spaces for General Industry; Final Rule, dated January 14, 1993 or latest revision thereof. 4003.09-PAYMENT Payment for television inspection of the sewer lines shall be per the Bid Item provided in the Bid Proposal for this work. No separate payment shall be made for (a) keeping television inspection logs and supplying the Owner with copies of these logs; (b)setting up(or resetting up)equipment for cleaning, televising, viewing, recording, and communicating; (c) bypass pumping; or(d) video tape recording