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12-02 R - Amending Section 4B of the Comprehensive Parks Ordinance regarding Parks and Recreation Board
2- TOWN OF PROSPER, TEXAS RESOLUTION NO. 1&1!' A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES FOR THE SH 289 UTILITY RELOCATIONS, BETWEEN VESSELS CONSTRUCTION, A DIVISION OF VESCOR INC., AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a contract agreement for construction services for the SH 289 Utility Relocations, between Vessels Construction, a Division of Vescor Inc., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 10th of January, 2012. Ray Smith, Mayor ATTEST TO: �a� r f71�1i`n°cS O ® • 3 .el ® f .w 0 • W ��s�np�dlMld®�`® r STANDARD FORM OF AGREEMENT ' STATE OF TEXAS § ' COUNTY OF § THIS AGREEMENT, made and entered into this 26`r"�day of__ a A JOA P-1 , 201 , by and between the TOWN OF PROSPER,TEXAS,a Texas Municipal Corporation,of the County of Collin and State of Texas, acting through thereunto duly authorized so to do,Party of the First Part,hereinafter termed OWNER,and VESSELS CONSTRUCTION,a DIVISION OF VESCOR INC.of the City of SHERMAN,County of GRAYSON, and State of TEXAS, Party of the Second Part, hereinafter termed CONTRACTOR. ' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the OWNER,and under the conditions expressed in the bond bearing even date herewith, the said CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements generally described as follows: --SH 289 UTILITY RELOCATIONS --- ' and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said ' construction,in accordance with the conditions and prices stated in the Proposal attached hereto,and in accordance with the Advertisement for Proposals,General and Special Conditions of Agreement,Plans and other drawings and printed or written explanatory matter thereof,and the Specifications and addenda therefore,as prepared by RLK Engineering Inc.,herein entitled the ENGINEER,each of which has been identified by the CONTRACTOR and the ' ENGINEER, together with the CONTRACTOR'S written Proposal, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract (hereinafter collectively called the "Contract Documents" or the "Contract"). ' The CONTRACTOR hereby agrees to commence work within ten(10)days after the date written notice to do so shall have been given to him,and to substantially complete the same within 60 calendar days after the written notice to commence work,subject to such extensions of time as are provided by the General and Special Conditions. ' The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the ' contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day ' first above written. TOWN OF PROSPER.TEXAS VESSELS CONSTRUCTION.A DIVISION OF VESCOR INC. Party of the First Pa Party of the Second Part ' (OWNER) (CONTRACTOR) By: By:X /A /r✓- ,../mac--; 2{1�_ ATTEST: ATTEST: /r,4i. ' Bond No. 4384705 ' PERFORMANCE BOND ' STATE OF TEXAS § COUNTY OF COLLIN § ' KNOW ALL MEN BY THESE PRESENTS: That VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. of the City of SHERMAN, County of GRAYSON, and State of ' TEXAS, as Principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the TOWN OF PROSPER,TEXAS,(Owner),in the penal sum of Four Hundred EiLhty Two Thousand, Five Hundred Fortv One Dollars and Nineteen Cents($482,541.19) for the payment whereof,the said Principal and Surety bind themselves,and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: ' WHEREAS,the Principal has entered into a certain written contract with the Owner,dated the ' day of , 2012, for the SH 289 UTILITY RELOCATIONS,which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. ' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and ' perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed,and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; ' otherwise to remain in full force and effect; ' PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety,for value received,stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract,or to the work performed thereunder, or the plans,specifications, ' or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. PA-1 gill ' ' IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this day of 2012. ' VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. SureTec Insurance Company Principal Surety B B / ' y. l r� I� U v Name: f'i'//C7. Name: Lisa BorhauQ Title:, / 1-- S. Title: Attorney-in-Fact Address: P.O. Box 28 Address: 1330 Post oak Blvd. Sherman, Texas 75091 Suite 1100 Houston, Texas 77056 The name and address of the Resident Agent of Surety is: ' PCL Insurance Agency, Inc. , dba Name: PCL Contract Bonding Agencv ' Address: 3010 LBJ Frwv.. Suite 920 ' Dallas, Texas 75234-2750 ' Executed 5 originals. PA-2 ' Bond No. 4384705 ' PAYMENT BOND ' STATE OF TEXAS § ' COUNTY OF COLLIN § tKNOW ALL MEN BY THESE PRESENTS: That VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. of the City of SHERMAN, County of GRAYSON, and State of ' TEXAS, as Principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the TOWN OF PROSPER,TEXAS,(Owner),in the penal ' sum of Four Hundred Eighty Two Thousand, Five Hundred Fortv One Dollars and Nineteen Cents($482,541.19) for the payment whereof,the said Principal and Surety bind themselves,and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: ' WHEREAS the Principal has entered into a certain written contract with the Owner,dated the ' day of ,2012, for the SH 289 UTILITY RELOCATIONS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the ' prosecution of the work provided for in said contract, then,this obligation shall be void; otherwise to remain in full force and effect; ' PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Surety, for value received,stipulates and agrees that no change,extension of time,alteration or ' addition to the terms of the contract,or to the work performed thereunder,or the plans,specifications or drawings accompanying the same,shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract,or ' to the work to be performed thereunder. ' PB-1 ' IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this day of , 2012. ' VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. SureTec Insurance Company Principal Surety �� �) U Name/?;// ��, �c:.�t��5 Name: Lisa �rhaug Title;i/'-.S- Title: Attornev-in-Fact ' Address: P.O. Box 28 Address: 1330 Post oak Blvd. Sherman, Texas 75091 Suite 1100 ' Houston, Texas 77056 ' The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. , dba Name: PCL Contract Bonding Agency ' Address: 3010 LBJ Frwy.. Su to 920 Dallas, Texas 75234-2750 Executed 5 originals. ' P B-2 i ' Bond No. 4384705 MAINTENANCE BOND STATE OF Texas § ' COUNTY OF Collin § ' KNOW ALL MEN BY THESE PRESENTS: That VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. of the City of SHERMAN ,County of ' GRAYSON and State of TEXAS, as Principal, and SureTec Insurance Company as Surety,are held and firmly bound unto Town of Prosper,as Obligee,in the full and just sum of Forty Eieht Thousand,Two Hundred Fiftv Four Dollars and Twelve Cents ($48.2554.12).lawful money of the United States for the payment whereof, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents: ' WHEREAS,the Principal has entered into a written contract dated ,2012 with the Town of Prosper for SH 289 Utility Relocations and WHEREAS, Obligee provides that the Principal will furnish a bond ' conditioned to guarantee for the period of 2 years after approval of the final acceptance on said job,by the City,against all defects in workmanship and materials which may become apparent during said period. ' NOW,THEREFORE,the condition of this obligation is such that,if the Principal shall indemnify the Obligee for all loss that the ' Obligee may sustain by reason of any defective materials or workmanship which become apparent during the aforesaid period, then this obligation shall be void,otherwise to remain in full force and effect. Signed, Sealed and Dated This Day of .2012. VESSELS CONSTRUCTION, A DIVISION OF VESCOR, INC. 7 Witness SureTec Insurance Company Surety BV7 ' Witness Pat Pinchback `L-Zsa Borl''au�, Attoi:-4ey—in—Fact ' Executed 5 originals ' MB-1 11111111 1111 1 1 1 Hill ANN AF SH 289 Prosper Utility Relocations SH 289 - US 380 to FM 1461 PI VV N F SPER Town of Prosper Collin County, Texas '�gl$t or 7r, ,roatn�E.Eww.orr.... t 102022 TOWN COUNCIL �1 ••.tlt� •• �`s iWr`{-M RAY SMITH - Mayor KENNETH DUGGER- Mayor Pro-Tem/Council Member '1f MEIGS MILLER - Deputy Mayor Pro-Tem /Council Member DAVE BENEFIELD—Council Member December 12, 2011 CURRY VOGELSANG, JR—Council Member JASON DIXON—Council Member ®® ®® DANNY WILSON —Council Member TOWN ADMINISTRATION / STAFF Texas Registration No. 579 MIKE LAND - Town Manager 999 West Main HULON T. WEBB, JR. P.E.— Director of Development Services Allen, Texas 75093 FRANK JAROMIN, P.E.— Director of Public Works Ph: (972) 359-9733 11 1 1 111 1111111111 111 111 111.111, . I'll 1 1 1 11 111 III IJ IIII II VI III II II 111111.111111 II III VIII1111111111 1111111111111.1 111 11111111 111 111111111111111111111 ,11111 1 1 11111 .11.111111111 111111 .1111.1 r TOWN OF PROSPER SH 289 Prosper Utility Relocations Project Manual TABLE OF CONTENTS TITLE SECTION Biddinq Requirements: Advertisement A Instruction to Bidders B Proposal Form P Contract Documents: Standard Form of Agreement SFA Performance Bond PA Payment Bond PB Maintenance Bond MB Worker's Compensation Certificate WC Conditions of Contract: General Conditions of Agreement G Supplemental Conditions 1 Special Specifications H Schedule of Prevailing Wage Rates WR Equal Employment Opportunity EE Technical Specifications: Water System Construction W Hydromulch HM INDEX SH 289 Prosper Utility Relocations '' I BIDDING REQUIREMENTS r r INVITATION FOR BIDS SH 289 Water Relocations rThe Town of Prosper is soliciting sealed proposals for: SH 289 WATER RELOCATIONS Sealed Proposals addressed to the Town Engineer of the Town of Prosper, 407 E. First Street, Prosper, Texas,75078,will be received at the office of Hulon T.Webb,Jr., P.E.,Town Engineer of the Town of Prosper until 2:00pm CST on THURSDAY, JANUARY 5th, 2012. There will be a pre bid meeting at 2:00pm CST, THURSDAY,DECEMBER 22,2011 at the Prosper Municipal Chambers 108 W. Broadway, Prosper Texas,75078. Bid Packages which include: Instructions to Bidders, Proposal Forms, Specifications, Construction Documents and ' Contract Documents, etc., may be examined without charge, or may be obtained at the office of the RLK Engineering,Inc.; 111 West Main Street;Allen,TX. 75013,for a fee of$30.00 after December 12th, 2011. The non-refundable payment (Check, Cashier Check, or Money Order)shall be made to RLK Engineering, Inc. 1 1 � 1 1 i 1 1 1 ' A-1 ' SECTION B ' INSTRUCTION TO BIDDERS 1 ' SECTION B INSTRUCTION TO BIDDERS Sealed proposals, addressed to the Town of Prosper Development Services, 407 E. First Street, Prosper, Texas, 75078, will be received at the office of Hulon T. Webb,Jr., P.E.,Town Engineer of the Town of Prosper until 2:00 p.m.CST on THURSDAY,JANUARY Sth, 2012, for the following project: SH 289 PROSPER UTILITY RELOCATIONS ' There will be a pre bid meeting at 2:00 p.m. CST,THURSDAY,DECEMBER 22,2011 at the Prosper Municipal p p Chambers 108 W. Broadway, Prosper Texas, 75078. All bids must be made on the blank form of proposal. ' Each bid must be accompanied by a certified check or bidder's bond payable to the Owner for five percent(5%)of the total amount of the bid. As soon as the bid prices have been compared,the Owner will return the check or bond of all except the three lowest responsible bidders. When the contract is awarded, the checks or bonds of the two remaining unsuccessful bidders will be returned.The check or bond of the successful bidder will be retained until the ' contract and surety bond have been executed and approved, after which it will be returned. A performance and payment bond in the amount of 100 percent (100%) of the contract price with a corporate ' surety approved by the Owner and Engineer, will be required for the faithful performance of the contract, and the bidder shall state in the proposal the name and address of the surety or sureties who will sign this bond in case the contract is awarded to him. The party to whom the contract is awarded will be required forthwith to execute the contract and a performance and payment bond within fifteen(15)calendar days from the date when the written notice of the award of the contract is mailed to the bidder at the address given by him. In case of failure to do so, the Owner may, at his option, consider that the bidder has abandoned the contract, in which case the certified check or bidder's bond accompanying the proposal shall become the property of the Owner. The Owner reserves the right to reject any and all bids, but if awarded,the Contract will be awarded to the lowest ' responsive, responsible bidder. Contractor's proposals shall hold firm for sixty (60) days to allow the Owner to complete its financing arrangements. Mutually agreed upon extensions of time may be made if necessary. Before the award of the contract,any bidder may be required to furnish evidence satisfactory to the Owner and to the Engineer of the necessary facilities,ability,and pecuniary resources to fulfill the conditions of the said contract. Prior to signing the contract, the Contractor will be asked to submit on a form acceptable to the Owner and Engineer,an overall construction schedule for the project. This construction schedule shall start with the proposed date of receipt of notice to proceed, and the completion date shall be the date specified in the contract. Bidders must satisfy themselves by personal examination of the location of the proposed work, by examination of ' the Plans and Specifications and requirements of the work and the accuracy of the estimate of the quantities of the work to be done and shall not at any time after the submission of a bid dispute or complain of such estimate nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. The Construction Contract and the Detailed Specifications contain the provisions required for the construction of the project. No information obtained from any officer,agent,or employee of the Owner or any such matters shall in any way effect the risk or obligation assumed by the Contractor or relieve him from fulfilling any of the conditions of the contract. B-1 Proposals which are incomplete, unbalanced, conditional or obscure, or which contain additions not called for, erasures,alterations or irregularities of any kind or which do not comply with the Notice and Instructions to Bidders may be rejected at the option of the Owner. ' A bidder may withdraw any proposal he has submitted at any time prior to the hour set for the closing of the bids provided the request for withdrawal is signed in a manner identical with the proposal being withdrawn. No withdrawal or modification will be permitted after the hour designated for closing the bids. ' The Contractor shall acknowledge the receipt of any addenda on the proposal form and the addenda shall become a part of the Contract Documents. ' Computation of quantities that will be the basis for payment estimates, both monthly and final,will be approved by the Engineer. The Word "Owner" means the Town of Prosper,Texas. The Owner will be responsible for payment in accordance ' with the terms of the Contract. The Word "Contractor" means the person, firm or corporation to whom the award is made. Subcontracts as such ' will not be recognized. The Word Engineer refers to RLK Enaineerina,Inc,111 West Main, Allen,Texas 75013,designated by the Owner as its engineering representative during the course of construction to make appropriate inspections and ' computations of payments. ' B-2 e t ' ADDENDUM #1 January 3, 2012 4:00 p.m. ' TOWN OF PROSPER SH 289 PROPSER UTILITY RELOCATIONS ' Water Improvements The following additions and/or revisions are hereby made a part of the Contract Documents for the above ' mentioned project: 1. Revision to Bid Item W9 —Revises Name and description of Bid Item W-9, "2" Water Service" to remove references to copper pipe. -Revises Proposal Sheets P-3, and P-10. 2. Removing the Construction associated with Location 10 from the Alternate Bid, and placing it in ' the Base Bid. This resulted in the following Pay Item changes. A complete updated proposal section has been included with this Addendum package to replace the old proposal section. This new section incorporates all of the changes described below. ' Base Bid Pav Item Chanzes A. Revision to Pay Item W3 from 2605 LF to 3100 LE B. Revision to Pay Item W7from 12 to 13. C. Revision to Pay Item W13 front 18 to 20. D. Revision to Pay Item W17 front 2525 LF to 3335 LE E. Revision to Pay Item W18 front 1225 LF to 1285 LF. ' F. Revision to Pay Item W19 from 1510 SY to 1840 SY. Alternate Bid Pav Item Chanaes ' A. Revision to Alternate Bid Pay Item W3 front 1590 LF to 1095 LF. B. Removal of Alternate Bid Pay Item W7. C. Removal of Alternate Bid Pay Item W10. ' D. Removal of Alternate Bid Pay Item W13. E. Revision to Alternate Bid Pay Item W17 from 1590 LF to 1095 LF. F. Revision to Alternate Bid Pay Item W18 front 210 LF to 150 LF. ' G. Revision to Alternate Bid Pay Item W19 front 935 SY to 605 SY. 3. Revision to Plan Sheet 11—removing alternate bid notes and adding conditional payment note. ' 4. Inclusion or Reference Item T-1 — Plans of Existing Subsurface Utilities provided by the Texas Department of Transportation and dated 9-7-2010. This information is provided to assist the contractor in bidding only and is not meant for design or construction without the written consent ' of the Owner and Engineer whose seal appears on the document. SH 289 PROSPER UTILITY RELOCATIONS ' Addendum#1 Sheet 1 of 2 1 . 1 ' 5. Inclusion or Reference Item T-2 — Existing Soil Boring Data Sheet completed by the Texas Department of Transportation and dated 2011. This information is provided to assist the 1 contractor in bidding only and is not meant for design or construction without the written consent of the Owner and Engineer whose seal appears on the document. 1 6. Inclusion of Questions and Answers for clarification purposes. Revisions noted above are available for pick up at the offices of RLK Engineering, Inc., 111 West Main Street, Allen, Texas, 75013. Revisions are also available via electronic mail upon request by calling(972) 1 359-1733, or by e-mail request at iohne(a4rlkenjzineerina.com. Contractors who may have already submitted a bid and feel this addendum may change their bid price, 1 may pick up their bid and return it by the closing date. If picking up the bid is not feasible, any new bid submitted will supercede the bid previously submitted. 1 The Contractor shall acknowledge receipt of this Addendum on the face of the sealed envelope in which he submits his bid and by initialing in the appropriate space on the Proposal. 1 RLK ENGINEERING, Inc. Texas Registration Number 579 Consulting Engineers /P� � ��( P F. John E. Elliott, P.E. or JOHN E.ELLIOT� , e ,�....:........ 102022 1 1 1 SH 289 PROSPER UTILITY RELOCATIONS ' Addendum#I Sheet 2 of 2 ' ANSWERS QUESTIONS /A SWE S ' Prosper SH 289 Utility Relocations (Attachment 1 to Addendum#1) 1. Will the town provide Water Meters (Item W8)? —The Contractor will be expected to re-use existing meters. On any New service locations, the town will provide the meter. ' 2. Can the locations /water lines be isolated?—Locations north of Prosper Trail: Yes they may be iosolated. Locations south of Prosper Trail: Certain locations may potentially be isolated (Contractor must coordinate with the Town of Prosper). 3. Can the Exxon/Tiger Mart be isolated? The Exxon service appears to be located outside of the area of relocations. If isolation becomes an issue, back feed through a fire hydrant is permissible. 4. Is there Geotech for this project? No—a geotechnical investigation has not been performed. However, the Town of Prosper has included a table of existing soil bores performed in the project area as part of a Texas Department of Transportation SUE plan. (Note— This data is for general information purposes only and the responsibility of the validity or accuracy of said information relies with the engineer whose seal appears on the document.). 5. Will testing be required on sleeve welds? No, separate testing will not be required on sleeve welds. However, all welds must be completed by a certified welder. 6. Will there be testing required on new lines? —Line testing will be required on all bores and replaced lengths over 120 feet. 7. Not all of the water lines are profiled —does the fitting weight in Item W10 take into ' account additional bends not shown? The fitting weight in Item W 10 only takes into account the fittings that are explicitly called out in the plan view of profile in the plan sheets. Any additional fittings required to construct the lines should be considered subsidiary to Item W 10, or the pipe items themselves, Items W2 or W3. 8. Are the bores required to be dry bores? Do you require any tar or asphalt coating on the carrier pipe? Yes—All bores are required to be dry bores per the Town of Prosper ' specifications and TxDOT. The carrier pipe will not need to be coated. 9. Will any potholing that is required to locate existing lines have a separate line item? No, ' all pot-holing required to locate existing lines shall be considered subsidiary to the contract(no separate pay item). r SUIRETEC T BID BOND ' KNOW ALL MEN BY THESE PRESENTS,that we VESSELS CONSTRUCTION. A DIV. OF VESSCOR. INC. as principal, hereinafter called the Principal, and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, ' Austin, TX 78759, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Prosper as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid (5 0/6)for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. ' WHEREAS, the principal has submitted a bid for SH 289 Prosper Utilitv Relocations NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as ' specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to ' perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of ' the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. ' SIGNED, sealed and dated this 5th day of January , 2012. VESSELS CONSTRUCTION, A DIV. OF VESCOR. INC. (Principal) BY` ./:/ // �/�L v v � TITLE: //"C S. SureTec Insurance Comaanv BY: Clem F. Lesch , Attorney-in-Fact SureTec Insurance Company ' THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION ' Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: ' SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 ' You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 ' Austin,TX 78714-9104 Fax#: 512475-1771 Web: http://www.tdi.state.tx.us ' Email: ConsumerProtection @tdi.slate.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion ' The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection,or acts of war. ' --------------------------------------------------------------------------------------------------------------------------------------- Exclusion of Liability for ' Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or ' parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination,or cleanup, nor the rernediatioi i thereof, nor the consequences to NCiaviia, p,upuliy,vt ii le Neiiuiiiiaiii;e of tiie 'ioilded obligations, of the occurrence,existence,or appearance thereof. ' POA#: 4221029 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AM Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Clem F.Lesch,Steven W.Lewis,Allen Sparks,Michael Ross,Eric Lesch,Lisa Borhaug ' its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: iFive Million and 00/100 Dollars($5,000,000.00) ' and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force-until 12/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: ' Be it Resolved, that the President,any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2&h of April, 1999.) ' In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. O�Nt; SURETEC INS EC PANY 4A By: John K�(o�Jr., resident State of Texas ss: 'ti Y 5 .? �,/ County of Harris On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known;who,being by me duly sworn,did depose and say,that he resides in Houston,Texas, that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. /- JACQUELYN MALDONADO •` ^= Notary Public,State of Texas Jac el n aldot ado Notary Public My Commission Expires 9 y May 18,2013 "voly comet sion ex ' s May 18,2013 ' 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. 1 Given under my hand and the seal of said Company at Houston, Texas this 5th day of January 2012 A.D. 9� 4/Aje?L� 1 K Brent Beaty,Assistant Secretary Any instrument Issued in excess of the penalty stated above is totally void and without any validity. V For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. ' SH 289 PROSPER UTILITY RELOCATIONS SH 289—US 380 to FM 1461 V SP ir R T ' PROPOSAL ' DATE: ' SUBMITTED BY: S S (Name of Bidder) '2R ' (Street) (City,State, ZIP) Gentlemen: Undersigned, having carefully examined the Plans, Project Manual, and Site of the proposed work, ' and being familiar with all of the conditions surrounding the work, including availability of materials and labor, hereby proposes to furnish to all necessary superintendence, labor, equipment, and materials required to complete all the work in accordance with the Plans and Project Manual for the construction of all items listed at the prices shown for each item on the following bid schedule. Proposal must be submitted with a Bid Security in the amount of five percent(5%)of the maximum ' amount bid, payable without recourse to the Town of Prosper, Texas. Proposal may not be withdrawn once the bid-opening process has begun. ' The bid schedule attached lists the various divisions of construction contemplated in the Plans and Project Manual. Bid prices shall be written in ink, distinctly and legibly, manually typed, or electronically typed and printed on the bid schedule provided. The Town of Prosper reserves the right to adopt the most advantageous interpretation of the bids submitted in the case of ambiguity or lack of clearness in stating proposal prices,to reject any or all bids,and/or waive formalities. All the various phases of work enumerated in the detailed specifications with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the Contractor under one of the items listed in the bid schedule, irrespective of ' whether it is named in said list. Receipt is hereby acknowledged of the following addenda to the Contract Documents: Addendum No. l dated Received Addendum No.2 dated Received ' Addendum No.3 dated Received Bidder agrees to perform all of the work listed in the proposal and, as described in the specifications and shown on the plans,for the following prices for each item: P-1 r SH 289 PROSPER UTILITY RELOCATIONS SH 289--US 380 to FM 1461 PROPOSAL—BASE BID P 14OSw z P4 ER ' ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT ' Preparation of Rfght-of-Way(including Mobilization and Bonds),for the sum of. W1 L.S. 1 Dollars:/�;ry {iht�' tic " 0j Cents: v -521.4d>A r E ($ 33/902. 17'9 )per Lump Sum $-3 3, bPZ 99 8"Water Line, for the sum of: W2 L.F. 235 Dollars:14-,A o Cents; . -F/A'V QMe . ($ 'off 2.�'� )per Linear Foot $ ,j, ;Z ' 12"Water Line,for the lsum of. Dollars: T k:'r4 7 W3 L.F. 3100 ' Cents: re,r4A► S ($ per Linear Foot $103,724.60 ' 20"Steel Encasement Pipe(0.375"Wail)(By ' Open Trench),for the sum of: ' W4 L.F. 290 Dollars: Si)Jy if"C'k+ Cents: ' ($ 6 , b )per Linear Foot ' 20"Steel Encasement Pipe(0.375"WallKBy Bore),for the sum of W5 L.F. 315 . Dollars:„�...-� oc►� Cents: U ($ 2-S3 . 00 ) per Linear Foot $ 7, P-2 SH 289 PROSPER UTILITY RELOCATIONS ' SH 289-US 380 to FM 1461 e x p TOWN i PROPOSAL- BASE BID I SPE ' ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT ' 8"Gate Valve,for the sum of: W6 EA 1 Dollars:/the 4,om.S c-,vJOJ4.A c.4�.Iuo ' Cents: �-�y �•.r ($ //6 2 per Each $ /.' 10 2 .414/ ' 12"Gate Valve,for the sum of Dollars: d b�Atcr�r,�SPt�e+a t/k,�lr �hNt ' W7 EA 13 Cents: S,'X/v I ($ 1,73q,60 )per Each $z21 Fb Install 2"Residential Water Meter(With Meter Box),for the sum of: Dollars: (D-C- Sa A to.-It W8 EA 4 Cents: .S•x��e . i ` ($ Q .y. 6 d per Each $ Z/�4 c a, 0 2"Water Service,for the sum of: W9 EA 4 Dollars:.('�,u. Cents: h.l' ($ // O 3 q 6 9 )per Each Ductile Iron Fittings,for the sum of W10 TON 4.5 Dollars: IeK �v�sc�o�-t;ve�t�h O ft,,, yft o c � , Cents: ($ /O', S 8 9 e 01 )per Ton P-3 SH 289 PROSPER UTILITY RELOCATIONS SH 289-US 380 to FM 1461 1SPER OWN 4F PROPOSAL—BASE BID 1 ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT ' Fire Hydrant Unit,for the sum of Dollars: 7Aree erriLost W11 EA 4 _ ' Cents: 1—o�..r�-�.a?h ($ 315' 911 t y )Per Each jExpose,Concrete Encase,&Cover Exist. 12" , Water Line,for the sum of Dollars: W12 L.F. 50 Cents: Pv h F a IL ' ($ F9 , $'� )per Linear Foot $ t�l� y Z� . 5-0 Connection to Existing Water Line(6"-1211),for the sum of Dollars: 5'e j'Z-T .6'wr sk'Hm. W13 EA 20 Cents: /1 a'►t'P ca-* ($ 7 7 . / `/ )per Each $Py Cut&Plug f: �Existing Water Line,for the sum o Dollars: i "d W14 EA 3 Cents: 5 � ' ($ 5 0 1-? )per Each $ Sawcut,Remove,Dispose&Replace Asphalt Paving,for the sum of Dollars: F0,4 V ��! W15 S.Y. 80 ` � Cents: t`er'�^t ($ 41 per Square Yard $ � 5 5 4 ,�tj P-4 1 SH 289 PROSPER UTILITY RELOCATIONS SH 289-US 380 to FM 1461 TOWN PROPOSAL-BASE BID PER ITEM ITEM Ili UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT 1 Sawcut,Remove,Dispose&Replace Concrete Driveway Paving,for the sum of Dollars: Se ed-t.vj 1 tai 3A t W16 S.Y. 80 ' Cents: iEo.1 t'ZA . +6 ' ($ 7/, 2v )per Square Yard $ Trench Excavation Protection for Water Line, ' for the sum of Dollars: ©r^ W17 L.F. 3335 Cents: IWLw.�'t �•��- r ($ per Linear Foot $ (4, Silt Fence(Install,Maintain,&Remove),for the sum of. W18 L.F. 1285 Dollars: Cents: spa tV ($ O -r )per Linear Foot $ � 74/,9 9- i Hydromulch(Per Seasonal Spec),for the sum Of W19 S.Y. 1840 Dollars: A o 1 Cents: &Aj,:�Q,t e_^ ($ 0. 17 )per Square Yard $ fe?6q . pc> Sanitary Sewer Force Main Contingency,for the sum of: W20 L.S. 1 Dollars: Ten-Thousand $ 10,000.00 Cents: None ($ ICJ t ©o p U v )per Lump Sum P-6 SH 289 PROSPER UTILITY RELOCATIONS ' SH 289-US 380 to FM 9461 ISPER PROPOSAL-BASE BID ' ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT ' Irrigation&Landscape Repair Contingency,for the sum of W21 L.S. 7 Dollars: Seventv-Five Hundred ' $ 7,500.00 Cents: None ($ (1� $`a 0 '00 )per Lump Sum Project Contingency(allowance for"Extra World' as directed by the Engineer and Owner),for the sum of W22 L.S. 1 Dollars: Forty-Thousand $ 40,000.00 Cents: None ($ 000 , 00 )per Lump Sum Base Bid Total P-6 SH 289 PROSPER U77UTY RELOCATIONS SH 289—US 380 to FM 1461 it ' PROPOSAL—ALTERNATE BID p TOWN ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT 12"Water Line,for the sum o€: W3 L.F. 1095 Dollars: 7h i.,ty /� r- Cents: i'wl r, per Linear Foot Ductile Iron Fittings,for the sum of. E r W10 TON 0.5 Dollars: I'U dam J. Par"An�` Cents: X41 _` , ($ 9� 7 /3. 7 S' )per Ton $ 1 Sawcut,Remove,Dispose&Replace Asphalt Paving,for the sum of: Dollars: /k r 4, rim— W15 S.Y. 7 Cents: t c V r�V C. ($ S Q )per Square Yard $ �s-f3t Trench Excavation Protection for Water Line, for the sum of: Dollars: u W17 L.F. 1095 Cents: ($ C5 I )per Linear Foot $ �0 Q Silt Fence(Install,Maintain,&Remove),for the sum of Dollars: C h P W18 L.F. 150 Cents: V"�- ($ A per Linear Foot P-7 ' SH 289 PROSPER UTILITY RELOCATIONS SH 289—US 380 to FM 1461 ' PROPOSAL—ALTERNATE BID ITEM ITEM & UNIT PRICE TOTAL NO. UNITS QUANTITY (Fill in Script&Figures) AMOUNT ' Hydcomulch(Per Seasonal Spec),for the sum Of. wig S.Y. 605 Dollars: Cents: 1 ($ 0" L1 )per Square Yard $ 2�o , q 0 Project Contingency(allowance for"Extra Work" as directed by the Engineer and Owner),for the sum of: W22 L.S. 1 Dollars: Ten-Thousand $ 10,000.00 Cents: None ($ /0l oc>0 . 00 ) per Lump Sum Altemate Bid Total $ '3 o �a P-8 SH 289 PROSPER UTIUTY RELOCATIONS SH 289--US 380 to FM 1461 i SP . ' Bid Item Descriptions COMPLETE BID ITEM DESCRIPTIONS BID ITEM I DESCRIPTION I UNIT Note: All items shall include full compensation for all labor, superintendence, materials, equipment, and all appurtenances ' necessary to complete the work. All work necessary to complete the project shall be included in one of the following bid items. All references to TxDOT Specifications are for the 2004 Standard Specifications for Construction of Highways,Streets and Bridges. I Preparation of Right-of-Way (Including Mobilization and Bonds) including W l removal of all existing structures, trees (except those marked to remain), culverts, headwalls, etc. as described in the plans and specifications, including technical LS specifications. This item shall also cover all mobilization costs as well as ' administrative costs involved with obtaining proper construction bonding. 8" Water Line, PVC (C900, DR14), including excavation, embedment, backfill, W2 testing, sterilization and appurtenances, complete in place as shown in the plans and LF specifications, including Section W "Water System Conshuction". All construction shall conform to the Town of Prosper and TCEQ requirements. 12" Water Line, PVC (C900, DR18), including excavation, embedment, backfill, 1 W3 testing, sterilization and appurtenances, complete in place as shown in the plans and LF specifications, including Section W "Water System Construction". All construction shall conform to the Town of Prosper and TCEQ requirements. 20" Steel Encasement Pipe (0.375" Wall)(Open Trench), 0.375" minimum wall W4 thickness,by open trench,including excavation,embedment,backfill,raci spacers and LF all appurtenances, complete in place as.shown-in the plans and specifications, including Section W "Water System Construction". All construction shall conform to the Town of Prosper and TCEQ requirements. 20" Steel Encasement Pipe (0.375"Wall)(Bore), 0.375" minimum wall thickness, W5 by bore, including excavation, boring, embedment, backfill, raci spacers and all LF appurtenances, complete in place as shown in the plans and specifications, including Section W "Water System Construction". All construction shall conform to the Town of Prosper and TCEQ requirements. 8" Gate Valve, including valve box, cover, concrete pad and all appurtenances, W6 complete in place as shown in the plans and specifications, including Section W, EA "Water System Construction". All construction shall conform to the Town of Prosper and TCEQ requirements. 12" Gate Valve, including valve box, cover, concrete pad and all appurtenances, W7 complete in place as shown in the plans and specifications, including Section W, EA "Water System Construction". All construction shall conform to the Town of Prosper and TCEQ requirements. 2" Residential Water Meter (with meter box), water meter including box, W8 excavation, embedment,backfill,testing, sterilization and appurtenances,complete in EA place as shown in the plans and specifications. All construction shall conform to the Town of Prosper requirements and TCEQ requirements. P-9 SH 289 PROSPER UTILITY RELOCATIONS SH 289-US 380 to FM 9481 ' Bid Item Descriptions P SNER BID ITEM DESCRIPTION UNIT Trench Excavation Protection for Water Line-For furnishing all sheeting,shoring, W17 piling, bracing, boxes, equipment,'tools and any device including de-watering, back sloping,and other operations as required for the safe construction of storm sewer and LF culvert trenching in any trenches greater than five feet (5) in depth as required to comply with the latest OSHA regulations and in accordance with the State of Texas House Bill No. 1569. rSilt Fence(Install, Maintain,Remove)for erosion control—including, installation, LF W i 8 maintenance,and removal,and all incidentals,complete in place as shown in the plans and specifications. Hydromulch (Per Seasonal Spec) — furnish and install as shown in the plans and W19 specifications, including Section HM "Hyrdromulch". Price shall include all Sy ' materials, labor, and equipment, including watering and fertilizing. Contractor shall be responsible to the establishment of vegetation prior to payment for this item. Sanitary Sewer Force Main Contingency-allowance varies by an amount for extra ' work to adjust the existing sanitary.sewer force main, should it be found to be in W20 conflict with proposed improvements. Any.extra work required shall be as approved LS by or directed by the Engineer and Owner. Contractor shall submit a line item project contingency request to Owner for approval prior to any work on the Sewer Force Main. Payment for extra work shall be paid as a partial lump sum to this contingency bid item. Irrigation & Landscape Repair Contingency — This pay item is for the repair ! replacement of existing items within the project limits that are in conflict or damaged W21 by construction, or for additional unforeseen work Contractor shall coordinate with LS Engineer, Owner, and Property Representatives on actual repair/replacement of systems based on field conditions. Work covered by this pay item shall be as approved by or directed by the Engineer and Owner and shall be paid per material invoice with standard markup. Project Contingency — allowance for extra work as approved or directed by the W22 Engineer and Owner. Contractor shall submit line item project contingency requests LS to Owner for approval prior to extra work. Payment for extra work shall be paid as a partial lump sum to this contingency bid item. P-11 ri ' SH 289 PROSPER UTILITY RELOCATIONS SH 289—US 380 to FM 1461 �, +� PROJECT BID SUMMARY P �SPER I Protect Summary Base Bid Amount $ 3�� Base Bid Calendar Days 45 1 ' Alternate Bid Additions $ 542 3 . f,3_ Add Calendar Days 15 r TOTAL BID $ `7 t -� Total Calendar Days (Max) 60 1 ' SUMMARY STATEMENT OF MATERIALS AND SERVICES (Base&Alternates) Total Material Cost Based Upon Estimated Quantiti es $ V51000-00�+ Total Services Cost Based Upon Estimated Quantities rTotal Contract Price Based Upon Estimated Quantities $ ,217 4 aJ I I r ' NOTES: ' 1. The total materials cost based upon estimated quantities plus the total services cost based upon estimated quantities MUST equal the amount shown for the total contract price based upon the estimated quantities. I The Contractor will be responsible for the payment of all taxes in compliance with the laws of the State of ' Texas and the United States. 3. Any reference to taxes within these documents which is in conflict with the Tax Laws will be deleted from ' the PROJECT. 1 P-12 SH 289 PROSPER UTILITY RELOCATIONS ' SH 289 — US 380 to FM 1469 11 O WN OF PROJECT BID SUMMARY S E R The Owner reserves the right to delete any bid items or portions thereof. If the Owner elects to delete any portions of the PROJECT from the contract, then the contract can be awarded on that basis. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully ' examined the Contract Documents pertaining to the work covered by the above bid, and further agrees to commence work within ten (10) days after the date of written notice to do so, and substantially complete the work in 60 Calendar days. ' Enclosed with this proposal is a Certified Check for: ' ,Dollars l$ � (5%of Maximum Amount Bid) Or, a Proposal Bond in the sum of ti &�c eti �—Te va.. Dollars($C � � (5%of MAximum Amount Bid) j �1 V2 r�ti which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within sixty(60) days after bids are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise said check or bond shall be returned to the undersigned upon request. Contrr / By: Printed Name Telephone d G3vx 2 a WO'3�- , r 2-26 Y3 Address Facsimile C)9/ City State ZIP P-13 CONTRACT DOCUMENTS SureTec Insurance Company ' THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION ' Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 ' You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 ' Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------------------------------------ Terrorism Risks Exclusion ' The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. -------------------------------------------------------------------------------------------------------------------------------------------------------------- Exclusion of Liability for ' Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or ' parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA#: 4221029 SureTec Insurance Company ' LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Clem F.Lesch,Steven W. Lewis,Allen Sparks, Michael Ross, Eric Lesch,Lisa Borhaug ' its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate ' sea) of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid ' and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. SURETEC IN PANY NC,, � ' at w 52 John I{ o�Jr., resident State of Texas ss County of Harris - ' On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly swom,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. "RY�b M V I`• - I .•`:... :'•-, JACQUELYN MALDONADO Notary Public,State of Texas ,,••, My Commission Expires facq elyt aldo ado,/votary Public ' %'�rii;w '` May 18,2013 v1v Comm ston ex • s May 18,2013 4buP0DA I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of A.D. M.Brent Beaty,Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 1 ' SECTION WC WORKER'S COMPENSATION INSURANCE COVERAGE WC.1 DEFINITIONS Certificate of coverage ("certificate"): A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, TWCC-84 or TWCC-85), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. ' Duration of the project: Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096): Includes all persons or entities performing all or part of the services the contractor has ' undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing ' companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering ' equipment or materials, or providing labor, transportation or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries and delivery of portable toilets. WC.2 The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets ' the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. ' WC.3 The contractor must provide a certificate of coverage to governmental entity prior to being awarded the contract. ' WCA If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. WC.S The contractor shall obtain from each person providing services on a project, and ' provide to the governmental entity: WC-1 I ' 1 a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of ' coverage showing coverage for all persons providing services on the project, and, (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. WC.6 The contractor shall retain all required certificates of coverage for the duration of ' the project and for one year thereafter. WC.7 The contractor shall notify the governmental entity in writing by certified mail or ' personal delivery, within ten (10) days after the contractor know or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. WC.8 The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, information all persons providing services on the project that they are required to be offered, and stating how a person may verify coverage and report lack of coverage. ' WC.9 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: ' (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the proj ect; (2) provide the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all ' employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the 1 duration of the project; WC-2 (4) obtain from each other person with whom it contracts, and provide to the contractor: ' (a) a certificate of coverage, prior to the other person beginning work on the project; and, ' (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one(1) year thereafter; ' (6) notify the governmental entity in writing by certified mail or p ersonal delivery, within ten (10) days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and, (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. ' WC.10 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll ' amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. WC.11 The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entities the governmental entity to declare the contract void if the contractor does not remedy the breach within ten (10) days ' after receipt of notice of breach from the governmental entity. 1 I WC-3 I i 1 1 1 1 1 ' CONDITIONS OF CONTRACT SECTION G -- GENERAL CONDITIONS OF AGREEMENT. Section Page G.1 DEFINITION OF TERMS ......................................................... G-1 G.1.1 Owner, Contractor, and Engineer............................................ G-1 G.1.2 Contract Documents.............................................................. G-1 G.1.3 Sub-Contractor...................................................................... G-1 G.1.4 Written Notice....................................................................... G-1 G.1.5 Work.................................................................................... G-1 G.1.6 Extra Work........................................................................... G-2 G.1.7 Calendar Day........................................................................ G-2 G.1.8 Substantially Completed......................................................... G-2 G.2 RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR G-2 G.2.1 Owner-Engineer Relationship.................................................. G-2 G.2.2 Professional Inspection by Engineer........................................ G-2 G.2.3 Payments for Work................................................................ G-2 G.2.4 Objections and Determinations............................................... G-3 G.2.5 Contractor's Duty and Superintendence................................... G-3 G.2.6 Contractor's Understanding .................................................... G-3 G.2.7 Character of Workmen........................................................... G-4 G.2.8 Contractor's Buildings............................................................ G-4 G.2.9 Sanitation............................................................................. G-4 G.2.10 Shop Drawings...................................................................... G-4 G.2.11 Preliminary Approval.............................................................. G-4 G.2.12 Defects and their Remedies.................................................... G-5 G.2.13 Changes and Alterations ........................................................ G-5 G.3 GENERAL OBLIGATIONS AND RESPONSIBILITIES.................... G-5 G.3.1 Keeping Plans and Specifications Accessible............................. G-5 G.3.2 Ownership of Drawings.......................................................... G-5 G.3.3 Adequacy of Design............................................................... G-5 G.3.4 Right of Entry ....................................................................... G-6 G.3.5 Collateral Contracts ............................................................... G-6 G.3.6 Discrepancies and Omissions.................................................. G-6 G.3.7 Equipment, Materials, and Construction Plant........................... G-6 g-i Section Page_ G.3.8 Protection Against Accident to Employees and the Public........... G-6 G.3.9 Performance and Payment Bonds............................................ G-6 G.3.10 Losses from Natural Causes ................................................... G-7 G.3.11 Protection of Adjoining Property.............................................. G-7 G.3.12 Protection Against Claims....................................................... G-7 G.3.13 Protection Against Royalties or Patented Invention ................... G-7 G.3.14 Laws and Ordinances............................................................. G-8 G.3.15 Assignment of Subletting ....................................................... G-8 G.3.16 Indemnification..................................................................... G-8 G.3.17 Insurance............................................................................. G-8 G.3.18 Policies of Insurance.............................................................. G-9 G.3.19 Waiver of Subrogation ........................................................... G-9 G.4 PROSECUTION AND PROGRESS.............................................. G-9 G.4.1 Time and Order of Completion................................................ G-9 G.4.2 Extension of Time ................................................................. G-9 G.4.3 Hindrances and Delays .......................................................... G-10 G.5 MEASUREMENT AND PAYMENT.............................................. G-10 G.5.1 Quantities and Measurements ................................................ G-10 G.5.2 Estimated Quantities ............................................................. G-10 G.5.3 Price of Work........................................................................ G-10 G.5.4 Partial Payments................................................................... G-10 G.5.5 Use of Completed Portions..................................................... G-11 G.5.6 Final Completion and Acceptance............................................ G-11 G.5.7 Affidavit of Bills Paid.............................................................. G-11 G.5.8 Final Payment....................................................................... G-11 G.5.9 Payments Withheld ............................................................... G-12 G.5.10 Delayed Payments................................................................. G-12 G.6 EXTRA WORK AND CLAIMS.................................................... G-12 G.6.1 Change Orders...................................................................... G-12 G.6.2 Minor Changes...................................................................... G-13 G.6.3 Extra Work........................................................................... G-13 G.7 ABANDONMENT OF CONTRACT.............................................. G-14 g-ii Section page G.7.1 Abandonment by Contractor................................................... G-14 G.7.2 Abandonment by Owner........................................................ G-15 g-iii SECTION G - GENERAL CONDITIONS OF AGREEMENT G.1 DEFINITION OF TERMS: G.1.1 Owner, Contractor, and Engineer: The OWNER,the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. The OWNER may include any authorized representative of OWNER as may be set forth in the Special Conditions. G.1.2 Contract Documents: The Contract Documents shall consist of the Advertisement for Proposals, Instruction to Bidders, Proposal,signed Agreement, Performance and Payment Bonds,Special Bonds(when required),General Conditions of the Agreement, Special Conditions of the Agreement,Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the Agreement. The Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: signed Agreement, Performance and Payment Bonds, Special Bonds(if any), Proposal, Special Conditions of Agreement,Advertisement for Proposals,Technical Specifications, Plans, and General Conditions of Agreement. G.1.3 Sub-Contractor: The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. G.1.4 Written Notice: Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, return receipt requested,to the last business address known to him who gives the notice. G.1.5 Work: The CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, permits, certificates, licenses, and all water, light, power, fuel,transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified,all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials of work described in words,which so applied, have a well known technical or trade meaning shall be held to refer to such recognized standards. G-1 G.1.6 Extra Work: The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the OWNER or ENGINEER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal. G.1.7 Calendar Day: "Calendar Day" is any day of the week or month, no days being excepted. G.1.8 Substantially: By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. G.2 RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR: G.2.1 Owner-Engineer Relationship: The ENGINEER may be the OWNER'S representative during construction. The duties,responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR shall be issued either through the OWNER or the ENGINEER. G.2.2 Professional Inspection by Engineer: The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however,that the ENGINEER shall not be responsible for making any detailed,exhaustive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible,directly or indirectly,for the construction means, methods,techniques,sequences,quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document,the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents,servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. G.2.3 Payments for Work: The OWNER or ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRACTOR constitutes a representation to the OWNER'S or ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to CONTRACTOR shall not be deemed as a representation by OWNER or ENGINEER that OWNER or ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. G-2 G.2.4 Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. G.2.5 Contractor's Duty and Superintendence: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work,during its progress,a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor,solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. Likewise,the CONTRACTOR shall be solely responsible for the safety of himself,his employees and other persons,as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Shop or working construction drawings and any specifications shown in relation thereto, as well as any additional information concerning the work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings,specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss,damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the OWNER or ENGINEER, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto,and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the OWNER or ENGINEER, or any of his representatives, whether called to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. G.2.6 Contractor's Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered,the character of equipment and facilities needed preliminary to and G-3 during the prosecution of the work,the general and local conditions,and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER,either before or after the execution of this contact,shall affect or modify any of the terms or obligations herein contained. G.2.7 Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men,skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are,in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER'S or ENGINEER'S written consent. G.2.8 Contractor's Buildings: The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the OWNER or ENGINEER shall direct,and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. G.2.9 Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. G.2.10 Shop Drawings: The CONTRACTOR shall submit to the OWNER or ENGINEER,with such promptness as to cause no delay in his own work or in that of any other contractor,four checked copies, unless otherwise specified,of all shop and/or setting drawings and schedules required for the work of the various trades,and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER'S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER'S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. G.2.11 Preliminary Approval: The OWNER or ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material,and of his performing good work as herein described, in full accordance with the plans and specifications. No failure or omission of the OWNER or ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and properly perform the contract, including without limitation,the obligation to G-4 W at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the OWNER or ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished,and in event the material has been once accepted by the OWNER or ENGINEER,such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the OWNER or ENGINEER prior to final acceptance,and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that,where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting in writing prior inspection or approval, he shall bear all expense of taking up, removing,and replacing this work if so directed by the OWNER or ENGINEER. G.2.12 Defects and their Remedies: It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same,shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER,forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. G.2.13 Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done,they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. G.3 GENERAL OBLIGATIONS AND RESPONSIBILITIES: G.3.1 Keeping Plans and Specifications Accessible: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him,and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. G.3.2 Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. G.3.3 Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, G-5 therefore,agreed that,as to the CONTRACTOR only,the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents,all approved modifications thereof,and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents,approved modifications thereof and all approved additions and alterations thereto. G.3.4 Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect,for the purpose of inspecting the work,or for the purpose of constructing or installing such collateral work as said OWNER may desire. G.3.5 Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise,all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR,except where such delays are specifically mentioned elsewhere in the Contract Documents. G.3.6 Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice,and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract,specifications or drawings,the ENGINEER shall define which is intended to apply to the work. G.3.7 Equipment, Materials, and Construction Plant The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials,supplies, machinery,equipment,tools,apparatus,accessories,facilities,all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid,or not paid for such work,or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. G.3.8 Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the"Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards,safe walkways, ladders, bridges, gangplanks,and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR,acting at his discretion as an independent contractor. G.3.9 Performance and Payment Bonds: Unless otherwise specified,it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds,each in the sum of one hundred(100)percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons G-6 supplying labor and materials or furnishing him any equipment in the execution of the Contract,and it is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER,the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the appropriate authority of the State of Texas. Unless otherwise stated, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. G.3.10 Losses from Natural Causes: Unless otherwise specified,all loss or damage to the CONTRACTOR arising out of the nature of the work to be done,or from the action of the elements,or from any unforeseen circumstance in the prosecution of the same,or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. G.3.11 Protection of Adjoining Property: The CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,which might be injured or seriously affected by any process of construction to be undertaken under this Agreement,from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract. G.3.12 Protection Against Claims: The CONTRACTOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the demands of sub-contractors,laborers,workmen,mechanics,materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary,incurred in the furtherance of the performance of this contract, regardless whether caused wholly or in part by the negligence or gross negligence of any party indemnified hereunder and regardless of the application of any worker's compensation or similar statute which might apply to any employees or agents of the CONTRACTOR or any Subcontractor. When so desired by the OWNER,the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,discharged or waived. If the CONTRACTOR fails so to do,then the OWNER may, at its sole option, either pay directly any unpaid bills of which the OWNER has written notice and deduct such amount from the next partial payment due to CONTRACTOR, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full in accordance with the terms of this contract; but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. G.3.13 Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER; provided, however, if choice of G-7 alternate design,device, material or process is allowed to the CONTRACTOR,then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. G.3.14 Laws and Ordinances: The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith,he shall promptly notify the OWNER or ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws,ordinances, rules and regulations, and without such notice to the OWNER or ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate,the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. G.3.15 Assignment and Subletting: The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney,or otherwise,or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work,or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER,as provided by this Agreement. G.3.16 Indemnification: The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their respective officers,agents and employees,from and against all damages,claims,losses,demands,suits, judgments and costs,including reasonable attorneys'fees and expenses,arising out of or resulting form the performance of the work,provided that any such damages,claim,loss,demand,suit,judgment,cost or expense: Is attributable to bodily injury,sickness,disease or death or to injury or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, Is caused in whole or in part by any negligent act or omission of the Contractor,any Subcontractor,the Owner, anyone directly or indirectly employed by any one of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. G.3.17 Insurance: The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S G-8 I operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable, including the acts of OWNER: A. Workmen's compensation claims, disability benefits and other similar employee benefit acts; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverage; C. Claims for damages because of bodily injury,sickness or disease,or death of any person other than his employees, and claims insured by usual bodily injury liability coverage; D. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. G.3.18 Policies of Insurance: Before commencing any of the work, the CONTRACTOR shall file with the OWNER valid Policies of Insurance acceptable to the OWNER and the ENGINEER. Such Policies shall contain a provision that coverage afforded under the Policies will not be canceled until at least thirty days' prior written notice has been given to the OWNER. The CONTRACTOR shall also file with the OWNER valid Policies of Insurance covering all sub-contractors. G.3.19 Waiver of Subrogation: CONTRACTOR, its agents,employees and subcontractors, hereby waive any and all rights of subrogation against OWNER or ENGINEER arising out of any claim or incident for which insurance coverage or indemnification is required under the Contract Documents. G.4 PROSECUTION AND PROGRESS: G.4.1 Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided,also,that when the OWNER is having other work done, either by contract or by his own force,the ENGINEER may direct the time and manner of constructing the work done under this contract,so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work,with dates at which the CONTRACTOR will start the several parts of the work,and estimated dates of completion of the several parts. G.4.2 Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER or ENGINEER decides such cause justifies the delay,then an extension of time sufficient to compensate for the delay G-9 as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. G.4.3 Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause(except where the work is stopped by order of the OWNER)during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER,then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. G.5 MEASUREMENT AND PAYMENT: G.5.1 Quantities and Measurements: No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. G.5.2 Estimated Quantities: This agreement, including the specifications and plans, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates. G.5.3 Price of Work: In consideration of the furnishing of all the necessary labor,equipment and material,and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained,the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached,which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full payment for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. G.5.4 Partial Payments: On or before the 25th day of each month,the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. In addition an updated construction schedule shall be submitted in an electronic format acceptable to the OWNER. The OWNER or ENGINEER shall verify CONTRACTOR'S application, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site,and shall submit to OWNER such application for payment as approved or modified with OWNER'S and/or ENGINEER'S verification affixed thereto on or before the 5th day of the month following the receipt of the application from CONTRACTOR. The OWNER shall pay the CONTRACTOR on or before the 20th day of the month in which the OWNER G-10 receives the approved application from the OWNER or ENGINEER the total amount of the approved and verified application, less 5 percent of the amount thereof, which 5 percent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however,that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retainage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." Any such payments of retainage by OWNER to CONTRACTOR prior to final payment must be agreed to in writing by the surety or sureties on CONTRACTOR'S payment and performance bonds. The Contractor shall submit to the OWNER, copies of the material invoices with the application for payment. No payment will be made to the CONTRACTOR until the quantities of work submitted have been checked and verified by the OWNER or ENGINEER. G.5.5 Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work,the CONTRACTOR shall be entitled to such extra compensation,or extension of time,or both,as the OWNER or ENGINEER may determine. G.5.6 Final Completion and Acceptance: The CONTRACTOR shall notify the OWNER or ENGINEER when, in the CONTRACTOR'S opinion, the contract is"substantially completed"and when so notifying the OWNER or ENGINEER,the CONTRACTOR shall furnish to the OWNER or ENGINEER in writing a detailed list of unfinished work. The OWNER or ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The substantial completion of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. Within ten(10)days after the CONTRACTOR has given the OWNER or ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and/or the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents,the OWNER or ENGINEER shall issue to the CONTRACTOR his Certificate of Completion,and thereupon it shall be the duty of the OWNER within ten(10)days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non-acceptance. G.5.7 Affidavit of Bills Paid: Upon completion of the project and final acceptance by the OWNER,the CONTRACTOR shall furnish the OWNER with an affidavit certifying that all suppliers and subcontractors have been paid, before final payment shall be made by the OWNER. G.5.8 Final Payment: Upon the issuance of the Certificate of Completion,the OWNER or ENGINEER shall proceed to make final measurements and prepare a final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER. Thereafter, OWNER shall pay G-11 to the CONTRACTOR, on or after the 30th day and before the 35th day, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract and provided the CONTRACTOR has delivered to the OWNER the affidavit of bills paid, and a surety release. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents,shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. G.5.9 Payments Withheld: The OWNER may,on account of subsequently discovered evidence,withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: A. Defective work not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims. C. Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor. D. Damage to another contractor. E. Reasonable doubt that the work can be completed for the unpaid balance for the contract amount. F. Reasonable indication the work will not be completed within the contract time. G. Failure to submit "as built" drawings as required by the Contract Documents. When the above grounds are removed or the CONTRACTOR provides a surety bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. G.5.10 Delayed Payments: Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any approved partial or final statement, when payment is due,the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six(6) percent per annum, unless otherwise specified,from date due as provided under"Partial Payments"and"Final Payments,"until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made,as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the provisions of"Payments Withheld." G.6 EXTRA WORK AND CLAIMS: G.6.1 Change Orders: Without invalidating this Agreement,the OWNER may,at any time or from time to time,order additions, deletions or revisions to the work;such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price,as hereinafter set forth for Extra Work,and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER,the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved G-12 therein, as hereinafter provided. G.6.2 Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price,the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. G.6.3 Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A)-By agreed unit prices; or Method (B)-By agreed lump sum; or Method (C)-If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost"of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams,trucks, rentals on machinery and equipment,for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred,together with all power, fuel, lubricants,water and similar operating expenses,also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes,and,a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation,and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost"shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or ENGINEER may also specify in writing, before the work commences,the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon,the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent(15%)of the"actual field cost"to be paid the CONTRACTOR shall cover and compensate him for his profit,overhead,general superintendence and field office expense,and all other elements of cost and expense not embraced within the "actual field cost"as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work,or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance,the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate G-13 account of the"actual field cost"thereof,as provided under Method(C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. G.7 ABANDONMENT OF CONTRACT: G.7.1 Abandonment by Contractor: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10)days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist,the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work,may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five(5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract,such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract,the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance,as provided in Paragraph 5.06 hereinabove,shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15)days after the date of such Certificate of Completion. G-14 r After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract;or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price,and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment,tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials,shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however,that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice,such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15)days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment,tools, materials,or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. G.7.2 Abandonment by Owner: In case the OWNER shall fail to comply with the terms of this contract within ten(10)days after written notification by the CONTRACTOR,then the CONTRACTOR may suspend or wholly abandon the work,and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR,the value of all partially completed work at a fair and equitable price,and the amount of all Extra Work performed at the prices agreed upon,or provided for by the items of this contract,and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty(30)days after the date of delivery to OWNER of such certified final statement. G-15 SECTION I SUPPLEMENTAL CONDITIONS INDEX PARAGRAPH TITLE PAGE I.1 SCOPE OF WORK...........................................................................................................1-1 I.2 PERMITS, CERTIFICATES, AND LICENSES .............................................................1-1 1.3 MANUFACTURER'S CERTIFICATES .........................................................................1-1 1.4 SALES TAX.....................................................................................................................1-1 1.5 CALENDAR DAY................................................. ................1-1 .......................................... 1.6 BOUNDARIES OF WORK.............................................................................................1-1 I.7 PROTECTION OF SITE..................................................................................................I-2 1.8 INTENT OF PLANS AND SPECIFICATIONS..............................................................I-2 1.9 ARRANGEMENT OF SPECIFICATIONS.....................................................................1-2 I.10 QUANTITIES...................................................................................................................1-2 I.11 FIELD CHANGES...........................................................................................................I-2 I.12 ENGINEER......................................................................................................................1-3 I.13 DETAIL PLANS ..............................................................................................................1-3 1.14 SITE INVESTIGATION..................................................................................................I-3 1.15 RIGHT-OF-WAY AND EASEMENTS...........................................................................I-3 I.16 MATERIALS AND CONSTRUCTION METHOD........................................................I-4 1.17 SEQUENCE OF CONSTRUCTION ...............................................................................I-4 I.18 MATERIALS AND WORKMANSHIP AND "OR EQUAL" CLAUSE........................I-4 1.19 SAMPLES AND TESTS OF MATERIALS....................................................................I-4 I.20 TESTING, INSPECTION AND CONTROL...................................................................1-5 I- i r PARAGRAPH TITLE PAGE I.21 STORAGE OF MATERIALS..........................................................................................I-5 1.22 SOURCE OF SUPPLY OF MATERIAI.S.......................................................................I-5 L23 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK ANDMATERIALS..........................................................................................................1-6 1.24 MEASUREMENT AND PAYMENT..............................................................................1-6 I.25 TRENCH EXCAVATION PROTECTION.....................................................................I-6 1.26 SAFETY...........................................................................................................................I-7 I.27 RIGHTS OF VARIOUS INTERESTS.............................................................................I-8 I.28 SEPARATE CONTRACTS.............................................................................................I-8 I.29 SPECIFICATIONS...........................................................................................................1-8 1.30 ADDENDA.......................................................................................................................I-8 I.31 CONFLICTS.....................................................................................................................I-8 1.32 LAWS TO BE OBSERVED ............................................................................................I-9 1.33 PATENTED DEVICES, MATERIALS AND PROCESSES ..........................................I-9 1.34 SANITARY PROVISIONS..............................................................................................I-9 I.35 PUBLIC CONVENIENCE AND SAFETY...................................................................I-10 1.36 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, ANDRIGHTS-OF-WAY...............................................................................................1-10 1.37 RAILWAY CROSSINGS ..............................................................................................1-11 1.38 BARRICADES, LIGHTS AND WATCHMEN.............................................................I-11 L39USE OF EXPLOSIVES..................................................................................................I-12 1.40 EXISTING STRUCTURES AND UTILITIES..............................................................1-12 I.41 CUTTING, PATCHING AND FITTING......................................................................I-13 I.42 TEMPORARY SEWER AND DRAIN CONNECTIONS.............................................I-13 I- ii I PARAGRAPH TITLE PAGE I.43 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BYTHE TOWN...........................................................................................................I-13 I.44 USE OF FIRE HYDRANTS ..........................................................................................I-14 I.45 USE OF A SECTION OR PORTION OF THE WORK................................................I-14 1.46 RISK OF LOSS ..............................................................................................................I-14 I.47 CONTRACTOR'S RESPONSIBILITY AND LIABILITY FOR PERFORMANCE OF WORK .......................................................................................I-14 I.48 PROTECTION OF PUBLIC AND PRIVATE PROPERTY.........................................1-15 I.49 PROTECTION OF TREES, PLANTS AND SHRUBS.................................................I-16 I.50 NO WAIVER OF LEGAL RIGHT................................................................................I-16 I.51 SAFETY.........................................................................................................................I-16 1.52 COMPETENT WORKMEN..........................................................................................I-16 I.53 FINAL INSPECTION....................................................................................................I-16 I.54 CLEAN-UP FOR FINAL ACCEPTANCE....................................................................I-17 I.55 GUARANTEE................................................................................................................I-17 1.56 FAILURE TO COMPLETE ON TIME .........................................................................1-17 I.57 INSURANCE .................................................................................................................I-18 I.57.1 Contractor's Liability Insurance......................................................................................I-18 I.57.2 Owner's Protection Liability Insurance ..........................................................................I-18 I.57.3 "Umbrella" Excess Liability Insurance...........................................................................I-18 I.57.4 Policy Endorsements and Special Conditions................................................................I-18 L 57.5 Proof of Carriage of Insurance .......................................................................................I-19 1.58 TERMINATION OF CONTRACT IN CASE OF NATIONAL EMERGENCY..........1-20 I.59 ABBREVIATIONS........................................................................................................I-20 I- iii SECTION I GENERAL INFORMATION I.1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all superintendence, labor, material, transportation, tools, supplies, plant, equipment, and appurtenances necessary for the complete construction of all improvements shown on the plans which are made a part of these specifications. I.2 PERMITS, CERTIFICATES, AND LICENSES The Contractor shall, at his own expense, procure any and all permits, certificates, and licenses required of him by law for the execution of his work. The Owner will furnish permits from the Texas State Highway Department and railroad companies for crossing their properties with utility extensions if such are required. I.3 MANUFACTURER'S CERTIFICATES All manufacturer's certificates required herein are to be furnished by the Contractor at his own expense. L4 SALES TAX The Contractor shall refer to Rule 3.291 of the Texas Administrative Code concerning sales tax exemptions. If exemption cannot be obtained by the Contractor in purchasing materials for this project, the Owner will compensate the Contractor for sales tax providing that all appropriate sales receipts are submitted with the request for compensation. The request for sales tax compensation shall be submitted with the Contractor's request for final payment. NOTE: Bidders should not include sales tax in their proposal. The breakdown of materials and other costs shown in the bid proposal shall be completed by the Contractor. I.5 CALENDAR DAY "Calendar Day" is any day of the week or month, no days being excepted. Working days under a calendar day contract will be, Monday through Friday. No work other than clean-up will be allowed during weekends without written permission. L6 BOUNDARIES OF WORK The Owner will provide land and rights-of-way for the work specified in this contract and make suitable provisions for ingress and egress and the Contractor shall not enter on or occupy with men,tools, equipment, or materials, any ground outside the property of the I- 1 Owner without the written permission of the Owner of such ground. Other contractors and employees or agents of the Owner may for all necessary purposes enter upon the work and premises used by the Contractor, and the Contractor shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. I.7 PROTECTION OF SITE The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. 1.8 INTENT OF PLANS AND SPECIFICATIONS The intent of the plans and specifications is to prescribe a complete work or improvement which the Contractor undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The Contractor shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The Contractor shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. 1.9 ARRANGEMENT OF SPECIFICATIONS The inclusion of any particular specifications in each individual section of these specifications does not indicate that it is applicable only to work specified within that Section. For any particular item of work on any type of project, the specification describing that item shall govern regardless of the Section of these specifications within which it is included. The specifications included herein are grouped together into various sections for convenience only and not for the purpose of restricting the applicant of any specification. 1.10 OUANTITIES The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. I.11 FIELD CHANGES No change in the plans and/or specifications is contemplated; however, should a change be necessary, the Owner reserves the right to make such changes, unless it can be clearly shown that such change works an undue hardship on the Contractor. No extra compensation will be allowed the Contractor. I- 2 I.12 ENGINEER The word "Engineer" in these specifications shall be understood as referring to RLK Engineering, Inc., 111 West Main, Allen, Texas 75013, Engineer for the Owner, or such other Engineer, Superintendent, or Inspector as may be authorized by said Owner to act in any particular. 1.13 DETAIL PLANS Where necessary, detail plans for construction will be herewith and made a part of these specifications,the same as if they were written herein. The Contractor, awarded the contract, will be furnished with three (3) sets of all plans and specifications with no cost to him. 1.14 SITE INVESTIGATION The information shown on the drawings regarding existing utilities, topography, contours, and sub-surface soils, and any quantities based thereon, is furnished solely for the convenience of the Contractor as the best information available at this time. The accuracy of this information is not guaranteed and its use in no way relieves the Contractor or others of any responsibility for loss due to inaccuracies or deviations therefrom which may be encountered. The Contractor shall carefully examine the site and satisfy himself about all conditions which can in any way affect the work or the cost thereof. The Contractor shall be required to take over the site, execute the work, and deliver the completed project in accordance with the drawings and specifications. Prospective bidders shall make a careful examination of the site of the project, soil and water conditions to be encountered, improvements to be protected, disposal sites for surplus material not designated to be salvage materials, and as to methods of providing ingress and egress to private properties. Bidders shall rely exclusively upon their own estimates, investigations, tests and other data which are necessary for full and complete information upon which the proposal may be based. Any bidder, by filing his bid, represents and warrants that he has prepared his bid in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the bid prior to the signing and filing of same, and that he was cognizant of the terms of his proposal, verified his calculations, and found them to be correct, and agrees to be bound thereby. L15 RIGHT-OF-WAY AND EASEMENTS The Owner will obtain all access to all necessary right-of-ways and easements required for the completion of this project. No work shall be undertaken by the Contractor until cleared by the Owner as to available right-of-way. If Contractor wants to work off easement and is able to make an agreement with the Property Owner, then the agreement 1- 3 r should be documented and signed by the Property Owner and Contractor with a copy submitted to the Engineer before work off the easement commences. I.16 MATERIALS AND CONSTRUCTION METHOD The detail specifications herein are divided into several sections covering various materials and methods of construction and the applicable parts of each section shall apply to the project. I.17 SEQUENCE OF CONSTRUCTION Prior to commencing construction of the project,the Contractor shall furnish for approval to the Engineer a tentative construction schedule showing the Contractor's intended sequence of work together with approximate dates for commencing and finishing the principle units of work. The Contractor shall also furnish the Engineer a schedule of projected monthly pay estimates to assist the Owner in the management of project funds and to ensure a timely response to Contractor monthly invoices. L18 MATERIALS AND WORKMANSHIP AND "OR EQUAL" CLAUSE, No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permanent structure without written consent of the Engineer. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product or another manufacturer, but rather to set a definite standard of quality or performance and to establish an equal basis for the evaluation of bids. Where the words "equivalent", "proper", or "equal to" are used, they shall be understood to mean that the article or process is equal, in the opinion or judgment of the Engineer, to the article or process specified by name. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions are used in the specifications; the material, manufactured article, or process specifically designated shall be used unless a substitute shah be approved in writing by the Engineer, and the Engineer shall have the right to require the use of such specifically designated material, article or process. The Contractor shall furnish all materials for a complete job as shown on the plans and as required by the specifications. I.19 SAMPLES AND TESTS OF MATERIALS Where, in the opinion of the Engineer, or as called for in the specifications, tests of materials are necessary, such tests will be made at the expense of the Contractor unless otherwise provided. The failure to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials conforming to the specifications. Tests, unless otherwise specified, will be made in accordance with the latest methods of the American Society for Testing and Materials. The Contractor shall provide such 1- 4 I facilities as the Engineer may require for collecting and forwarding samples and shall not use the materials represented by the samples until tests have been made. The Contractor shall furnish adequate samples without charge. I.20 TESTING, INSPECTION AND CONTROL Testing and inspection of materials required by these specifications shall be performed by a commercial testing laboratory approved by the Owner. Except as otherwise noted, the costs of laboratory tests will be paid by the Contractor. Any testing of material or workmanship required due to failure will be paid for by the Contractor. This payment will be made direct to the testing laboratory by the Contractor. A. The Contractor shall furnish, at his own expense, materials or specimens for testing. B. The Contractor shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the Contractor fail to provide the above information, the Engineer shall have the right to require tests to be made by the Owner's laboratory to obtain this information and the cost therefore shall be borne by the Contractor. The Engineer may have further inspection and tests made by the laboratory or may make tests himself, to insure that the Contractor is complying with the specifications. The correction or removal of such unsatisfactory work and the replacement with satisfactory work shall be performed by the Contractor at his own expense, and is understood to be fully included in his contractor requirements, without any additional compensation or claims upon the Owner or Engineer. I.21 STORAGE OF MATERIALS Materials shall be stored so as to ensure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. I.22 SOURCE OF SUPPLY OF MATERIALS The materials shall be the best procurable, as required by the plans, specifications and 1- 5 special provisions. The Contractor shall not start delivery of materials until the Engineer has approved the source of supply. Only materials conforming to these specifications shall be used in the work and such materials shall be used only so long as the quality of said materials remains equal to the requirements of the specifications. The Contractor shall furnish approved materials from other sources; if for any reason the product from any source at any time before commencement or during the prosecution of the work proves unacceptable. After approval, any material which has become mixed with or coated with dirt or any other foreign substances during its delivery and handling will not be permitted to be used in the work. I.23 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK AND MATERIALS All work which has been rejected or condemned shall be repaired or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the plans or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be done at the Contractor's risk, and will be considered unauthorized, and, at the option of the Engineer, may not be measured and paid for, and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials inunediately after receiving notice from the Engineer, the Engineer will, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor. I.24 MEASUREMENT AND PAYMENT Measurement and payment for the various bid items will be made in accordance with the item as set up in the Proposal. Quantities stated in the Proposal are approximate and are to be used only as a basis for estimating the probable cost of work. The Contractor will only be paid for the actual amount of work done and the material furnished. The Contractor will make no claim for damages, restocking or anticipated profits caused by any differences found between the quantities of work actually done and the estimated quantities in the Proposal. The Owner also reserves the right to delete portions of this project. If a portion of work is deleted, no claim can be filed for damages, restocking or anticipated profits. Any quantities added to this project will be paid for at the unit price bid for that item. I.25 TRENCH EXCAVATION PROTECTION This item shall govern for the Trench Excavation Protection required for the construction of all trench excavation protection systems to be utilized in the project and including all 1- 6 additional excavation and backfill necessitated by the protection system. A trench shall be defined as a narrow excavation made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench is not greater than 15 feet (15'). In some instances, trenches greater than 15 feet (15') in width may need trench excavation protection and will be included as work under this item. Trench Excavation Protection shall be accomplished as required by the provisions of, Part 1926. Sub-Dart P-Excavations. Trenching, and Shorinv- of the Occupational Safety and Health Administration's Standards and Interaretations. It is the sole duty, responsibility, and prerogative of the Contractor, not the Owner or Engineer, to determine the specific applicability of a trench safety system to each field condition encountered on the project. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. The Contractor shall indemnify and hold harmless the Owner its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs,and the cost of investigation),judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to, inspections, failure to issue stop work orders, and the hiring of the Contractor. Trench Excavation Protection shall be measured by the linear foot along-the center line of trench where the depth of trench exceeds 5 feet (5'). Payment for Trench Excavation Protection, measured as prescribed above shall be made at the unit price bid per linear foot of "Trench Excavation Protection" as outlined in the Proposal. Payment shall include all components of the Trench Protection System which can include, but not be limited to sloping, sheeting, trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, de-watering or diversion of water to provide adequate drainage. Payment shall also include the additional excavation and backfill required, any jacking,jack removal,and removal of the trench supports after completion. Payment of all work prescribed under this item shall be full compensation for all excavation and backfill; for furnishing, placing and removing all shoring, sheeting, or bracing; for de-watering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment and incidentals necessary to complete the work. I.26 SAFETY 1- 7 All equipment furnished and installed on this project shall be manufactured and installed in accordance with the applicable parts of the Williams-Steiger Occupational Safety and Health Act of 1970, and its subsequent amendments and revisions. All work shall be performed in accordance with the regulations and requirements of the above noted Act, revisions and amendments. L27 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the Owner's forces or by other Contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, to secure the completion of the various portions of the work in general harmony. L28 SEPARATE CONTRACTS The Owner reserves the right to let other contracts in connection with this work, or to perform work with its own forces. This Contractor shall afford other Contractors or the Owner reasonable opportunity for the introduction and storage of their materials and the execution of their work, and where required, shall properly coimect and coordinate his work with theirs. 1.29 SPECIFICATIONS Titles to divisions and paragraphs in these Contract Documents are introduced merely for convenience and are not to be taken as part of these specifications and are, furthermore, not to be taken as a correct and complete segregation of the several units of material and labor. No responsibility, either direct or implied, is assumed by the Engineer for omissions or duplications by the Contractor or his sub-contractors, due to real or alleged error in arrangement of matter in these Contractor Documents. 1.30 ADDENDA Any addenda issued in writing by the Engineer during the period of bidding shall be covered in the proposal and in executing the Contract, such addenda shall become a part thereof and modify the specifications and/or the drawings accordingly. Verbal changes in the work, made during the time of bidding will not be binding. I.31 CONFLICTS In the event of conflicts between the plans and specifications, the specifications and Contract Documents shall prevail over the plans. In the event of conflict between the various sections of the specifications, Section H- Special Specifications shall prevail. Section I - Supplemental Conditions shall prevail over the technical specification sections. In the event of conflict between plan sheets, the larger size, quantity, etc., will prevail. In the event of conflicts between methods of measurement and payment for the various 1- 8 items of work between the Proposal and the Specifications,the Proposal shall prevail. 1.32 LAWS TO BE OBSERVED The Contractor shall at all times observe and comply with all Federal and State laws, the Owner ordinances and regulations, which in any manner affect the conduct of the work and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No pleas of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save harmless the Owner and all its officers, agents and employees against any claims or liability arising from or based on the violation of any such law, ordinance, regulation or order whether by himself or employees. I.33 PATENTED DEVICES. MATERIALS AND PROCESSES The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters, patent or copyright by suitable legal agreement with the patentee or Owner. The Contractor shall defend all suits or claims or infringement of any patent or copyright rights and shall indemnify and save the Owner harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device,material or process•or the product of a particular manufacturer or manufacturers is specified or required by the Owner. If the Contractor has information that any such design, device, material or process specified or required by the Owner is an infringement, he shall be responsible for such loss unless he promptly gives such information to the Owner. I.34 SANITARY PROVISIONS The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infections or contagious diseases and to prevent effectively the creation of a nuisance about the work on any property either public or private, and such regulations as are required by the Engineer shall be put into immediate force and effect by the Contractor. The necessary sanitary facilities, properly secluded from public observation, for the use of employees of the Contractor, other laborers on the work, inspector(s) and Engineer, shall be constructed and maintained by the Contractor in such a manner and at such points as will be approved by the Engineer, and their use shall be strictly enforced by the Contractor. They shall be well ventilated, but provide concealment, and shall be kept scrupulously clean at all times by the Contractor. The facilities shall be removed and the site restored to its original condition upon completion of the work. All such facilities shall conform to the requirements of State and local health authorities, ordinances, and law. All sanitary laws and regulations of the State of Texas and the Owner shall be 1- 9 within strict compliance. "Porta Can" or other similar facilities which may be rented from commercial concerns will be applicable. I.35 PUBLIC CONVENIENCE AND SAFETY Materials stored about the work shall be so placed, and the work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. 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 provided that where bridging 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. 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 valves, gas valves, manholes for the telephone, telegraph, signal or electric conduits, sanitary or storm sewers, and fire alarrn or police call boxes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards the public convenience and safety which may come to its attention, after-twenty- four(24) hours notice in writing the Contractor, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the Owner shall be deducted from monies due or to become due to the Contractor. The Contractor shall notify the Town, County or other Jurisdiction Traffic Control Department when any street is to be closed or obstructed, such notice shall in the case of major thoroughfares or streets upon which transit lines operate be forty-eight (48) hours in advance. The Contractor shall, when directed by the Engineer, keep any street or streets in condition for unobstructed use by the Town, County or other Jurisdiction Fire Department. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. I.36 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHTS-OF-WAY For the performance of the contract, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places or other rights-of-way as provided for in the ordinances of the Town, County or other Jurisdictions as shown on the plans or as permitted by the Engineer. A reasonable amount of tools, materials and equipment for I- 10 construction purposes may be stored in such space, but not more than is necessary to avoid delays in the construction. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to be left free and unobstructed, nor inconvenience occupants of adjoining property. Other Contractors may, for all purposes required by their contracts, enter upon the work and premises used by the Contractor and the Contractor shall give to other Contractors of the owner all reasonable facilities and assistance for completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. I.37 RAILWAY CROSSINGS Where the work encroaches upon any right-of-way of any railway, the Owner will secure the necessary easement for the work. Where railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the railway company, except for the right-of-way, shall be made by the Contractor. The railway company shall be notified by the Contractor not less than five (5) days previous to the time of his intentions to begin work. The Contractor will not be paid direct compensation for such railway crossing, but shall receive only the compensation as set out in the proposal. 1.38 BARRICADES, LIGHTS,WATCHMEN AND TRAFFIC CONTROL Where the work is carried on, in or adjacent to any street, alley or public place, the Contractor shall at his own cost and expense furnish, erect and maintain such barricades, cones, 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. All barricades shall be painted in a color that will be visible at night, shall indicate in bold letters thereon the Contractor's name and shall be illuminated by lights from sunset to sunrise. The term "lights", as used herein, shall mean flares, flashers, or both. 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. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, lights and watchmen to protect it, and whenever evidence is found of such darnage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his 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. The Contractor shall at all times coordinate the closing of any section of road with the Chief of Police and the Chief of the Fire Department. All provisions of the Texas I- 11 Uniform Traffic Control Manual shall be followed by the Contractor on this project. I.39 USE OF EXPLOSIVES The use of explosives will not be allowed on this contract work. The plans and specifications do not require the use of explosives. Should the Contractor be allowed to use explosives in the prosecution of the work, utmost care shall be exercised so as not to endanger life or property and the Contractor shall use only such methods as are currently utilized by persons, firms, or corporations engaged in a similar construction business. The Contractor shall be solely responsible for the determination as to whether explosives shall be used and for any result from the use of explosives, and shall indemnify and hold the Owner- whole and harmless against any claim for damage or injury to person or property, real or personal, as the result of the use of explosives by the Contractor or any subcontractor. The Contractor shall furnish the Owner insurance sufficient to cover any such possibility, which insurance shall either include the Owner as an insured or be of such character as to protect the Owner. All explosives shall be stored in a safe and secure manner, under the care of a competent watchman at all times and all such storage places shall be marked clearly "DANGEROUS-EXPLOSIVES". The method of storing and handling explosives and highly inflammable materials shall conform with Federal and State laws, Town ordinances, and Town Fire Department regulations. The Contractor shall notify each utility company having structures in proximity to the site of the work of his intention to use explosives, and such notice shall be given sufficiently in advance tenable companies to take such steps as they may deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. I.40 EXISTING STRUCTURES AND UTILITIES The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the Engineer. It shall be the responsibility of the Contractor to verify and/or locate the various locations of pertinent utilities prior to or during construction. Any additional unforseen cost to the Contractor caused by any reason will not be paid for directly, but considered subsidiary to the various bid items. The plans show the locations of all known surfaces and subsurface structures. However, the location of many gas mains, water mains, conduits, sewers, etc., is unknown, and the Owner assumes no responsibility for failure to show any or all of these structures on the plans or to show them in their exact location. It is mutually agreed such failure will not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made in the plans and proposal, in which case the provisions in these specifications for extra work shall apply. If any utility 1- 12 is broken by the Contractor, it shall be the responsibility of the Contractor to repair, at his own expense, the damaged line and restore it to its functional use. I.41 CUTTING, PATCHING AND FITTING The Contractor shall perform all cutting, patching or fitting of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of others shown on, or reasonably implied by the drawings and specifications for the, complete structure or facility. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of others unless specifically noted on the drawings and specifications or permitted by the Engineer. I.42 TEMPORARY SEWER AND DRAIN CONNECTIONS When existing sewers have to be taken up or removed, the Contractor shall at his own expense provide and maintain temporary outlets and connections for all public or private drains and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers; and for this purpose he shall provide and maintain, at his own expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own expense, shall construct such troughs, pipes, or other structures necessary and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such time as the connections shall be kept in service and maintained under the contract, except where specified or ordered to be abandoned 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. I.43 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE TOWN Water required for testing and sterilization, and other construction purposes will be available from the Owner, at no cost to the Contractor, except for water required for retesting the piping. The Contractor must, however, furnish all pipe, hose and fittings necessary to obtain the water. The Contractor shall make complete and satisfactory arrangements with the Owner's prior to using the water. All pipe used for any purpose other than water jetting and similar type uses shall be clean and sterilized. Water required for retesting piping shall be paid for by the Contractor at a rate as may be established by the Owner. Where meters are used, the charge for water will be at the regular established rate; where no meters are used, the charge will be as prescribed by ordinance, or where no ordinance applies payment shall be made on estimates made by the Owner. The Engineer will schedule hours the Contractor can obtain water if there is a water supply problem. Hours for jetting and flooding trenches will probably be between 12:00 a.m. midnight and 7:00 a.m. I- 13 L44 USE OF FIRE HYDRANTS No person shall open, turn off, interfere with, attach any pipe or hose or connect anything with any fire hydrant, stop valve or stop cock, or tap any water main belonging to the Owner, unless duly authorized to do so by the Town, County or other Jurisdiction Water Utilities Department. L45 USE OF A SECTION OR PORTION OF THE WORK, Wherever in the opinion of the Engineer any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held in any way an acceptance of said work or structure or any part thereof or as a waiver of any acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these specifications or the contract pending final completion and acceptance of the work; all necessary repairs and removals of any section of the work so put into use; due to defective materials or workmanship or to operations of the Contractor shall be performed by the Contractor at his own expense. L46 RISK OF LOSS Until written acceptance by the Engineer, as provided for in these specifications, the work shall be under the charge and care of the Contractor and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make good at his own cost and expense, all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. I.47 CONTRACTOR'S RESPONSIBILITY AND LIABILITY FOR, PERFORMANCE OF WORK It is expressly understood and agreed to by the Contractor that, regardless of the extent of inspection and supervision provided by the Owner and the Engineer it is the Contractor's responsibility to perform and complete the work in accordance with the drawings and specifications, and that the Owner and Engineer have no liability or responsibility whatever to the Contractor for any work performed by the Contractor which is not in accordance with the drawings and specifications regardless of the time when discovered and whether discovered at any time during the course of construction or after acceptance of the work. The Engineer shall immediately inform the Contractor of any work that is not in accordance with the drawings and specifications when it becomes known to him. If any work is performed which is not in accordance with the drawings and specifications and is not discovered until a later time, neither the Owner nor the Engineer shall have any responsibility to the Contractor, or be liable to the Contractor for the correction or removal of unsatisfactory work or of any work subsequently performed or affected by it. The correction or removal of such unsatisfactory work and the replacement with 1- 14 satisfactory work shall be performed by the Contractor at his own expense, and is understood to be fully included in his contractor requirements, without any additional compensation or claims upon the Owner or Engineer. I.48 PROTECTION OF PUBLIC AND PRIVATE PROPERTY The plans show as much information as can reasonably be obtained from field surveys and available sources regarding the location and nature of pipe lines, storm sewers, sanitary sewers, water lines, natural gas lines, telephone conduits and underground cables crossing the right-of-way and along the route of the work; however, neither the Owner nor the Engineer assumes responsibility for the correctness or completeness of this information. It shall be the Contractor's responsibility to locate such underground installations sufficiently in advance of construction operations to preclude damage to same, and in the event of damage to underground lines, whether shown on the plans or not, the Contractor shall be required to make, at his own expense, all repairs necessary to place the facility back in service and all repairs so made shall conform in all respects to the requirements of the company or agency servicing the facility. It shall be the Contractor's responsibility to immediately notify the Town, County or other Jurisdiction Water and Sewer Department of any broken or damaged water or sanitary sewer pipe resulting from the Contractor's operations and to temporarily plug the line until repaired. The Contractor shall also notify the respective companies or agencies owning any other line or facility damaged by him and shall take all necessary safety precautions until the line is repaired. Buildings or other structures along the route of the work and adjacent to the right-of-way shall be fully protected from damage which might result from the Contractor's operations by shoring or other such means as the circumstances may require. The Contractor shall be responsible for any damage resulting to such buildings or structures and shall be required to repair any damages in such manner as to return the structure to its original condition. Should any damage to any public or private property result from the Contractor's operations, he shall pay such sums or make such repairs as may be necessary to compensate for the losses. Arrangements for such compensations shall be made directly between the Contractor and the private parties involved. Telephone, light and power and other poles of similar nature, privately owned signs and similar structures which are not located on private property will be protected by the owners thereof. However, the Contractor shall not undermine or otherwise endanger such items until the owners have been notified and have been given reasonable opportunity to take necessary precautions to protect their interests. Any damage to sidewalks, street pavements, curb and gutter, driveways, drainage structures, street signs, traffic lights or other public or private property caused by the Contractor's operations shall be repaired at the Contractor's expense, unless otherwise provided. I- 15 I i I.49 PROTECTION OF TREES, PLANTS AND SHRUBS All trees indicated on the drawings or designated by the Owner to remain shall be protected from damage. Substantially constructed guards or barricades shall be provided as required to protect tree trunks from moving equipment. The Contractor shall exercise special care to minimize damage to other trees, plants and shrubs along the route of the work. The Owner's of trees, plants and shrubs which lie outside the property lines and within the normal limits of work shall be notified by the Contractor before beginning construction operations. The Owner's shall be allowed to remove and protect their properly, and all such trees, plants and shrubs not so protected by their Owner's shall be removed and disposed of by the Contractor. I.50 NO WAIVER OF LEGAL RIGHT Inspection by the Engineer, any order, measurement, or certificate by the Engineer, any order by the Owner for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the Owner, shall not operate as a waiver of any provisions of the Contract or any power therein reserved to the Owner of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The Owner deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The Owner reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the Contractor or his agents and the Engineer or his assistants, discovered in the work after the final payment has been made. I.51 SAFETY All equipment and materials furnished and installed on this project shall be manufactured and installed in accordance with the applicable parts of the Williams-Steiger Occupational Safety and Health Act of 1970 and its subsequent amendments and revisions. All work shall be performed in accordance with the regulations and requirements of the above noted Act, its revisions and amendments. I..52 COMPETENT WORKMEN The Contractor shall employ only competent workmen for the execution of his work and all such work shall be performed under the direct supervision of an experienced superintendent. I.53 FINAL INSPECTION The Engineer will make final inspection of all work included in the contract as soon as practicable after the work is completed and ready for acceptance. If the work is not I- 16 acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the particular defects to be remedied before final acceptance will be made. I.54 CLEAN-UP FOR FINAL ACCEPTANCE The Contractor shall make a final clean-up of all parts of the work before final acceptance by the Owner. This clean-up shall include, among other things, removal of all objectionable rocks, pieces of concrete, and other construction materials, and in general, preparing the site of the work in an orderly manner true to original grade and appearance. Disposal is not to be made on adjacent private or public property without written permission filed with the Engineer. If permission is granted by the property owners (public or private) the material so disposed of is to be leveled and left in a condition satisfactory to the Engineer. L55 GUARANTEE Except as modified by the provisions of Section H - Special Specifications, the Contractor shall guarantee the work which he does against defective workmanship and materials for a period of two (2) years from the date of final acceptance of the work by the Owner. Where defective workmanship and/or materials are discovered requiring repairs to be made under this guarantee, all such repair work shall be acknowledged by the Contractor within five (5) days and repaired at his own expense within the time approved by the Owner after written notice of such defect has been given to him by the Owner. After written notice, should the Contractor fail to repair such defective workmanship and/or materials within the time approved, the Owner may make the necessary repairs and charge the Contractor with the actual cost of all labor and material required. L56 FAILURE TO COMPLETE ON TIME The time of completion is the essence of the contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule will be deducted from the monies due the Contractor, not as a penalty but as liquidated damages. Amount of Liquidated Amount of Contract Damages Per Da_v Less than $ 50,000 $ 60 $ 50,000 to $ 100,000 $ 150 $ 100,000 to $ 250,000 $ 200 $ 250,000 to $ 500,000 $ 250 $ 500,000 to $ 750,000 $ 300 $ 750,000 to $1,000,000 $ 400 Over $1,000,000 $ 1000 I- 17 This sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty, but it shall be deemed, taken and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix the actual damages and the Owner may withhold from the Contractor's compensation such sum as liquidated damages. I.57 INSURANCE L57.1 Policy Endorsements Contractors providing good, materials and services for the Town of Prosper shall, during the term of the contract with the Town or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions: Name the Town, its officers, agents,representatives,and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance. Provide for at least thirty (30) days prior written notice to the Town for cancellation, non- renewal, or material change of the insurance. Provide for a waiver of subrogation against the Town for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. L57.2 Insurance Company Qualifications All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service L57.3 Certificate of Insurance A certificate of insurance evidencing the required insurance shall be submitted with the contractors bid or response to proposal. If the contract is renewed or extended by the Town, a certificate of insurance shall as also be provided to the Town prior to the date the contract is renewed or extended. I,57.4 Insurance Requirements General Liability insurance for personal injury (including death) and property damage with a minimum of$1 Million Dollars ($1,000,000) and $2 Million Dollars ($2,000,000) aggregate, including advertising injury,products coverage and (XCU) explosion,collapse and underground (If high risk dangerous activities). Umbrella Coverage or Excess Liability Coverage of$2 Million Dollars ($2,000,000) Statutory. Workers compensation insurance as required by state law. I- 18 1.57.5 Special Conditions A. Concerning insurance to be furnished by Contractor, is a condition precedent to acceptability thereof that: 1. Any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled by Contractor. The Owner's decision thereon shall be final; and 2. All policies are to be written through companies duly authorized to transact that class of insurance in the State of Texas. B. Contractor agrees to the following; 1. Contractor hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the Town, it being the intention that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; 2. Companies issuing the insurance policies and Contractor shall have no recourse against the Town for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the Contractor; 3. Approval, disapproval or failure to act by the Town regarding any insurance supplied by the Contractor (or any subcontractors) shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the Contractor from liability; and 4. No special payments shall be made for any insurance that the Contractor and subcontractors are required to carry; all are included in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby. I.57.6 Proof of Carriage of Insurance The Contractor shall furnish the Owner with certificates showing type, amount, class of operations covered, effective dates, and dates of expiration of policies, and proof of compliance with previously stated requirements. CERTIFICATE HOLDER SHALL BE BOTH THE OWNER AND THE ENGINEER. 1- 19 L58 TERMINATION OF CONTRACT IN CASE OF NATIONAL EMERGENCY Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. L59 ABBREVIATIONS Wherever the abbreviations defined herein occur on the plans, in the specifications, contract, bonds, advertisement, proposal, or in any other document or instrument herein contemplated or to which the specifications apply or may apply, the intent and meaning shall be as follows: ABBREVIATION DESCRIPTION ABBREVIATION DESCRIPTION A.A.S.H.O American H.S. Horseshoe Association of State Highway Officials In., in. A.P.I. American or It Inch or Inches Petroleum Institute A.R.E.A. American Lb. or lb. Pound Railway Engineering Association A.S.A. American M.N. Manhole Standards Association 1- 20 ABBREVIATION DESCRIPTION ABBREVIATION DESCRIPTION A.S.T.M. American Max. Maximum Society for Testing and Materials A.W.S. American Min. Minimum Welding Society A.W.W.A. American Water Mono, Monolithic Works Association Asph. Asphalt No. Number Ave. Avenue % Percent Blvd. Boulevard PSI or p.s.i. Pounds per square inch C.I. Cast Iron R. Radius C.L. Center Line Reinf. Reinforced C.O. Cleanout Rem. Remove Cone. Concrete Rep. Replace Cond. Conduit R/W, R.O.W. or R. Right-of-Way of W. Corr. Corrugated Sani. Sanitary Cu. Cubic Sq. Square Culv. Culvert Std. Standard Dia. Diameter St. Street, Storm or Strength Dr. or Drwy. Driveway TxDOT Texas Department of Transportation Elev. Elevation Vol. Volume F. Fahrenheit Yd. Yard Gal. Gallon Galv. Galvanized In reference to such abbreviations as A.S.T.K,A.W.W.A., etc., where a specification number is referred to,the latest revision of said specification shall apply. I-21 i SECTION H — SPECIAL SPECIFICATIONS Section Page H.1 TIME OF COMPLETION .......................................................... H-1 H.2 SHOP DRAWINGS.................................................................. H-1 H.3 DISPOSAL OF SURPLUS MATERIALS ....................................... H-1 H.4 LINE AND GRADE.................................................................. H-1 H.5 REMOVING OBSTRUCTIONS................................................... H-1 H.6 PAVEMENT REPAIRS.............................................................. H-1 H.7 WATER JETTING BACKFILL.................................................... H-1 H.8 BOLTS.................................................................................. H-1 H.9 DUCTILE IRON PIPE.............................................................. H-1 H.10 PIPE MATERIALS................................................................... H-2 H.11 UNDERGROUND MARKER AND TRACER TAPE.......................... H-2 H.12 BORE AND STEEL ENCASE..................................................... H-2 H.13 CUT AND PLUG EXISTING WATER LINES................................. H-2 H.14 PVC WATERMAIN DISTRIBUTION........................................... H-3 H.14.1 Scope................................................................................... H-3 H.14.2 Product................................................................................ H-3 H.14.3 Materials .............................................................................. H-3 H.14.4 Hydrostatic Routine Test........................................................ H-3 H.14.5 Quality Control Test............................................................... H-3 H.15 THRUST BLOCKINGS............................................................. H-3 H.16 VALVE BOXES....................................................................... H-4 H.17 SERVICE CONNECTIONS........................................................ H-4 H.18 TESTING, INSPECTION, AND CONTROL.................................. H-4 H.19 BLASTING OR BURNING ........................................................ H-4 H.20 RESTRAINERS FOR PVC......................................................... H-5 H.21 DELIVERY............................................................................. H-5 H.22 MATERIAL BID ITEMS............................................................ H-5 H.23 TRENCH BACKFILL UNDER PAVEMENT.................................... H-5 H.24 SUBMITTALS ........................................................................ H-5 H.25 TRAFFIC CONTROL................................................................ H-6 h-i SECTION H - SPECIAL SPECIFICATIONS HA TIME OF COMPLETION: For this project, the Contractor or Bidder agrees to complete the work as specified within the time as stated in the Standard Form of Agreement. i H.2 SHOP DRAWINGS: The Contractor shall submit six (6) sets of all shop and/or construction drawings to the Consulting Engineer. These shall be approved by the Consulting Engineer prior to any work being undertaken. "As Built"drawings shall be furnished to the Engineer prior to final acceptance of the project. H.3 DISPOSAL OF SURPLUS MATERIALS:. Surplus material not required for other parts of the work and not otherwise specifically covered by the drawings or specifications shall become the property of the Contractor for proper disposal by him. H.4 LINE AND GRADE: The Engineer will furnish a control benchmark and a reference line for the construction of the various lines. The Contractor shall use the control benchmark and reference line and data shown on the drawings. No construction staking will be provided by the Engineer for this project. Any restaking required shall be at the sole cost of the Contractor. H.5 REMOVING OBSTRUCTIONS:, Existing obstructions within the project limits shall be removed and replaced where necessary. There will be no additional pay items except for those listed in the Proposal. Contractor shall visit the site and familiarize his or herself with the conditions prior to submitting the bid. Any obstructions not covered by a specific pay item shall be included as subsidiary to one of the items listed in the Proposal. The Contractor shall replace existing obstructions with equal or better materials. Coordinate any removal with the Property Owner. H.6 PAVEMENT REPAIRS: For this contract,there shall be no separate pay items for any street,driveway or sidewalk repairs. Any and all repairs shall be included in such pay items as provided in the proposal. All concrete and asphalt pavement shall be saw cut and replaced to equal or better condition. See the Plans for details. H.7 WATER JETTING BACKFILL: Water jetting of backfill will not be allowed on this project. All backfill must be compacted mechanically. H.8 BOLTS: Corten Steel or stainless steel bolts shall be furnished and installed for all flanged and/or mechanical joint fittings. The material supplier as well as the Contractor shall certify in writing that the materials supplied and installed do meet these requirements. This will be required before the final payment of this project. H.9 DUCTILE IRON PIPE: The Contractor may use ductile iron pipe on the water lines twenty-inch (20") and larger in this project. Twenty-inch (20") pipe shall be designed for a minimum rated working pressure of 300 H-1 psi plus a 100 psi surge and mains larger than twenty inches (20") shall be designed for a minimum rated working pressure of 250 psi plus a 100 psi surge. HAD PIPE MATERIALS: This project has been designed to meet certain conditions and requirements. The use of alternate materials of PVC pipe, ductile iron pipe, cast iron pipe, or reinforced concrete cylinder pipe all have been evaluated. The diameter of pipe and carrying conditions of various lines have been designed with a certain minimum capacity. Any less capacity or higher pressure will be taken into account when the material and pipe size is approved for use on this project. No pipe size of less diameter than specified will be accepted. A larger diameter size may be considered for approval and use on this project in order to obtain equivalent carrying capacities. The Contractor shall include all embedment poly-wrap, locator tape, blocking of fittings, restrainers, etc., in the cost per linear foot of pipe. The type of pipe material may be selected by the Contractor so long as the carrying capacities are equivalent. H.11 UNDERGROUND MARKER AND TRACER TAPE: All PVC water and sewer pipe shall be installed with a detectable 'Tracer Tape" over the top of the pipe. H.12 BORE AND STEEL ENCASE: Contractor shall provide all materials, labor, tools, insurance, etc., to bore existing roadways as identified on the construction plans. The carrier pipe shall not rest on the bells within the casing pipe. Raci-spacers shall be provided to prevent damage to the pipe and bell joints and provide long-term support. All voids between the encasement pipe and natural earth shall be pressure grouted to create a water-tight seal. The Contractor shall not exceed the maximum allowable grouting pressures as specified by the pipe manufacturer. This work, including any insurance which may be required,shall be paid for in the Bid Item of the Proposal for bore and steel encase. H.13 CUT AND PLUG EXISTING WATER LINES: The Contractor will locate, cut and plug various sized existing water lines in various locations. Lines to be cut and plugged will be located both on and off the project site. The exact location of all existing lines to be cut and plugged are unknown. The Contractor will be required to locate existing lines prior to their abandonment. Most lines to be cut will be live. The Contractor will cut the lines while live and install a valve, plug, or other appurtenances necessary to plug the line. This item also includes the repair of existing pavement if necessary. The existing lines will be cut and plugged only after all proposed lines are installed, tested and in service. H-2 H.14 PVC WATER MAIN DISTRIBUTION: H.14.1 Scope: Requirements for unplasticized polyvinyl chloride(PVC)pipe with integral thickened wall bells for municipal water main distribution systems. Pipe shall be made from NSF approved Class 12454 PVC compound conforming to ASTM resin specification D1784. PVC pipe shall be a minimum Class 200(DR 14)for pipes 8"and smaller. All larger sizes shall be a minimum Class 150 (DR18). H.14.2 Product: The pipe shall meet or exceed requirements of AWWA C900-75, PVC pipe with cast iron outside dimensions and with Rubber Ring joints. PVC water pipe shall be listed by Underwriters Laboratories and approved for use in cities and towns of Texas by the State Board of Insurance. The rigid PVC pipe shall bear the sea[ of approval (or "NSF" mark) of the National Sanitation Foundation Testing Laboratory for potable water pipe. Provisions must be made for contraction and expansion at each joint with a rubber ring, and an integral thickened bell as part of each joint. Pipe and fittings must be assembled with a nontoxic lubricant. Laying lengths shall be 20 feet + one inch (20'+1"). Service connections shall be made by tapping saddles. No direct tapping will be allowed. Fittings shall be mechanical joint of rubber ring slip point cast iron fittings. For in ground identification, include detectable blue plastic identification tape marked"Water" laid above pipe to identify line. H.14.3 Materials: Pipe shall be made from NSF approved Class 1245-A or B PVC Compound conforming to ASTM resin specification D1784. H.14.4 Hydrostatic Routine Test: Each length of pipe shall be tested to four(4)times the class pressure of the pipe for a minimum dwell of five (5) seconds. H.14.5 Quality Control Test: To assure uniform high quality extrusion, the pipe produced by each extrusion outlet shall be tested by the acetone immersion method at least every two(2) hours. H.15 THRUST BLOCKINGS: All bends, tees, plugs, crosses, valves, etc., shall be backed with concrete thrust blocking. Backing shall be placed between solid, undisturbed ground and the fitting to be anchored. If solid ground is not encountered with the thrust block as detailed, the Contractor shall increase the amount of concrete to extend blocking to solid undisturbed ground. No extra payment will be made for this concrete but will be considered subsidiary to the item of linear feet of pipe installed. Concrete shall be as specified. No sac-crete will be allowed. H-3 H.16 VALVE BOXES: Valve boxes shall be furnished and set on each valve. After the final clean-up and alignment has been completed, the Contractor shall pour a concrete block 24"x 24" x 6"around all valve box tops so the finished grade is level with the finished parkway. H.17 SERVICE CONNECTIONS: All service connections will be made with a bronze double strap service clamp. The Contractor will install a corporation cock at the main and extend the service pipe to the existing water meter and install a curb stop. After the proposed lines are tested and accepted,the Contractor will connect the service lines to the existing water meters. H.18 TESTING, INSPECTION AND CONTROL: Testing and inspection of materials required by these specifications shall be performed by a commercial testing laboratory approved by the Owner. Except as otherwise noted,the costs of laboratory tests will be paid by the Contractor. Any testing of material or workmanship required due to failure will be paid for by the Contractor. This payment will be made direct to the testing laboratory by the Contractor. A. The Contractor shall furnish, at his own expense, materials or specimens for testing. B. The Contractor shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe,valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the Contractor fail to provide the above information,the Engineer shall have the right to require tests to be made by the Owner's laboratory to obtain this information and the cost therefore shall be borne by the Contractor. The Engineer may have further inspection and tests made by the laboratory or may make tests himself, to insure that the Contractor is complying with the specifications. The correction or removal of such unsatisfactory work and the replacement with satisfactory work shall be performed by the Contractor at his own expense, and is understood to be fully included in his contractor requirements, without any additional compensation or claims upon the Owner or Engineer. H.19 BLASTING OR BURNING: No Blasting or burning of any kind will be allowed on this project. H-4 H.20 RESTRAINERS FOR PVC: Restrainers for mechanical joint fittings and PVC push-on joints shall be manufactured by Mega- Lug or approved equal. Restrainers will be required on all mechanical joint fittings and valves. These restrainers shall be a ductile iron clamping ring installed on the PVC pipe and connected to the fitting or valve with T- head bolts or rods. The clamping ring shall incorporate machined serrations to provide a full 360° support around the pipe to maintain roundness and avoid point loading. Serrations cast into the ring will not be accepted. Additional restrainers may be required at joints upstream and downstream of the fitting to prevent thrust force from separating the pipe. These joints will incorporate a clamping ring with machined serrations and an additional ring designed to seat on the bell end of the pipe. T-head bolts or rods shall connect the two rings. H.21 DELIVERY: All bid items shall include delivery to the respective construction site for each project at the location designated by the Owner. H.22 MATERIAL BID ITEMS The Contractor may use pre-cast materials in lieu of cast-in-place for storm sewer boxes, culverts, inlets and manholes. H.23 TRENCH BACKFILL UNDER PAVEMENT Trench backfill for utilities located beneath pavements, driveways, curbs and gutters shall be compacted to 95% maximum density as determined by ASTM D698. Job excavated material may be used for compacted trench backfill when the job excavated material is finely divided and free from debris, organic material, cinders or other corrosive material, and stones larger than three inches (3") in greatest dimension. Masses of moist, stiff clay shall not be used. H.24 SUBMITTALS The Contractor will be required, at a minimum, to supply the following submittals for Engineer's approval: 1. Pipe- including thrust restraint calculations 2. Fittings 3. Valves 4. Fire Hydrants 5. Embedment 6. Thrust Restraints 7. Concrete Batch Design 8. Pre-cast culverts, boxes, headwalls, etc. 9. Fencing, Gates, Railings 10. Raised Pavement Markers H-5 11. Seed and Fertilizer 12. Pavers H.25 WORK ZONE TRAFFIC CONTROL PLAN All traffic control must conform to the Texas Manual on Uniform Control Devices for Streets and Highways- Part VI (latest revision). Contractor shall be responsible for maintaining all temporary work zone traffic paving throughout construction. H-6 SECTION WR LABOR CLASSIFICATION AND SCHEDULE OF PREVAILING WAGE RATES The Contractor may bring his superintendent,foreman,sub-foreman,machine operators and sufficient key men to round his organization. All other skilled and unskilled labor used on the work when qualified,fit and available,shall be obtained first from residents within the city where this project is located. In compliance with the statutes of Texas relating to labor, the wage rates in this section have been ascertained and determined by the Owner as the general prevailing rates in the locality of the Owner for the classifications listed. The Contractor and each Subcontractor shall pay to all laborers,workmen,and mechanics employed by them in the execution of this Contract not less than such rates for each craft or type of workman or mechanic needed to execute the Contract. If it becomes necessary to employ any person in a trade or occupation not herein listed,such person shall be paid not less than an hourly fair rate comparable to the rates shown as part of the Contract Documents. This determination of prevailing wages shall not be construed to prohibit the payment of more than the rates named. In compliance with Article 5159a,Revised Civil Statutes of Texas,the Contractor shall forfeit,as a penalty to the Town, sixty dollars($60.00)for each laborer,workman,or mechanic employed,for each calendar day,or portion thereof,such laborer,workman or mechanic is paid less than the rates stipulated herein for any work done under this Contract by him or by any Subcontractor under him. WR-1 SCHEDULE OF PREVAILING WAGE RATES HOURLY HOURLY CLASSIFICATION RATE CLASSIFICATION RATE Air Tool Man 755 Concrete Paving Longitudinal Float 8.40 Asphalt Heaterman 10.25 Concrete Paving Mixer 9.50 Asphalt Raker 8.40 Concrete Paving Saw 8.95 Asphalt Shoveler 8.00 Crane,Clamshell,Backhoe,Derrick, 8.50 Dragline,Shovel(Less than 1-1/2 C.Y.) Batching Plant Scaleman 8.95 Crane,Clamshell,Backhoe,Derrick, 9.25 Dragline,Shovel(1-1/2 C.Y.&Over) Carpenter 8.90 Crusher or Screening Plant Operator 6.15 Carpenter Helper 7.30 Paving Sub-Grader 8.30 Concrete Finisher(Paving) 9.05 Form Loader 10.00 Concrete Finisher Helper(Paving) 7.85 Foundation Drill Operator(Tnick Mounted) 10.90 Concrete Finisher(Structures) 8.80 Foundation Drill Operator Helper 8.60 Concrete Finisher Helper(Structures) 7.20 Front End Loader(2-1/2 C.Y.&Less) 8.45 Concrete Rubber 7.50 Front End Loader(Over 2-1/2 C.Y.) 9.35 Electrician 15.10 Mixer(16 CE&Less) 8.15 Electrician I ielper 10.00 Motor Grader Operator,Fine Grade 10.15 Form Building(Structures) 8.50 Motor Grader Operator 9.65 Form Builder Helper(Structures) 7.30 Roller,Steel Wheel(Plant-Mix Pavements) 8.30 Form Liner(Paving&Curb) 8.00 Roller,Steel Wheel(Other-Flat Wheel or 8.10 Tamping) Form Setter Helper(Paving&Curb) 8.65 Roller,Pneumatic(Self-Propelled) 7.10 Form Setter(Structures) 8.40 Scrapers(17 C.Y.&Less) 7.50 Form Setter Helper(Structures) 6.90 Scrapers(Over 17 C.Y.) 8.35 Laborer,Common 6.15 Tractor(Crawler Type) 150 HP&Less 8.50 Laborer,Utility Man 7.55 Tractor(Crawler Type)Over 150 HP 8.50 Manhole Builder,Brick 8.40 Tractor(Pneumatic)80 HP&Less 7.75 Mechanic 10.85 Tractor(Pneumatic)Over 80 HP 7.75 Mechanic Helper 8.50 Traveling Mixer 7.60 Oiler 8.75 Trenching Machine,Light 7.00 Serviceman 7.90 Trenching Machine,Heavy 11.50 Painter(Structures) 10.90 Wagon Drill,Boring Machine or Post Hole 8.50 Driller Operator Painter Helper(Structures) 8.00 Pipelayer 7.75 TRUCK DRIVERS Pipelayer Helper 6.40 Single Axle,Light 7.25 Plumber 12.00 Single Axle,Heavy 7.45 Powder-man 8.00 Tandem Axle or Semi-trailer 7.50 Reinforcing Steel Setter(Paving) 9.60 Lowboy-Float 9.10 Reinforcing Steel Setter(Structures) 10.70 Transit-Mix 7.35 Reinforcing Steel Setter Helper 8.45 Winch 7.00 Roofer 9.00 Steel Worker(Structural) 9.00 Vibrator Man(Hand Type) 7.00 Steel Worker Helper(Structural) 7.50 Weighman(Truck Scales) 6.15 Sign Erector 9.45 Welder 9.05 Sign Erector Helper 7.60 Welder Helper 7.50 Spreader Box Man 8.00 POWER EOUIPMENT OPERATORS Asphalt Distributor 8.00 Asphalt Paving Machine 9.05 Broom or Sweeper Operator 7.30 Bulldozer, 150 HP and Less 8.85 Bulldozer,Over 150 HP 9.05 Concrete Paving Curing Machine 8.75 Concrete Paving Finishing Machine 9.25 Concrete Paving Form Grader 9.00 Concrete Paving Joint Sealer 6.85 WR-2 r SECTION EE -- EOUAL EMPLOYMENT OPPORTUNITY, Section Page EE.1 DESCRIPTION ...................................................................... EE-1 EE.2 WORKING ENVIRONMENT...................................................... EE-1 EE.3 ON-THE-JOB TRAINING.......................................................... EE-1 EE.4 REVIEW................................................................................ EE-1 EE.5 DISSEMINATION ................................................................... EE-1 EE.6 RECRUITMENT ..................................................................... EE-1 EE.7 INVENTORY........................................................................... EE-1 EE.8 MONITORING ....................................................................... EE-2 EE.9 FACILITIES .......................................................................... EE-2 EE.10 RECORDS ............................................................................. EE-2 EE.11 ADHERENCE ......................................................................... EE-2 ee-i I SECTION EE - EQUAL EMPLOYMENT OPPORTUNITY EE.1 DESCRIPTION: The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The Contractor shall implement affirmative action steps at least as extensive as described herein. EE.2 WORKING ENVIRONMENT: Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two (2) or more women to each construction project. The Contractor shall specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. EE.3 ON-THE-JOB TRAINING: Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs. EE.4 REVIEW: Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination,or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. EE.5 DISSEMINATION: Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. EE.6 RECRUITMENT: Direct its recruitment efforts, both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one(1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. EE.7 INVENTORY: Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training, etc., such opportunities. EE-1 EE.8 MONITORING: Ensure that seniority practices,job classifications,work assignments,and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. EE.9 FACILITIES: Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. EE.10 RECORDS: Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. EE.11 ADHERENCE: Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. EE-2 SECTION W — WATER SYSTEM CONSTRUCTION Section Paae W.1 SCOPE................................................................................... W-1 W.2 PROTECTION OF WORK.......................................................... W-1 W.3 MATERIALS............................................................................ W-1 W.3.1 Testing of Materials................................................................ W-1 W.3.2 Storage of Materials................................................................ W-1 W.4 TRENCHING AND BACKFILL.................................................... W-2 W.4.1 Classification.......................................................................... W-2 W.4.2 Construction Methods............................................................. W-2 W.4.3 Sheeting, Shoring and Bracing................................................. W-3 W.4.4 Pumping, Bailing and Draining................................................. W-4 W.4.5 Support of Existing Pipes Across Trench................................... W-4 W.4.6 Disposal of Excavated Materials............................................... W-4 W.4.7 Protection of Trees, Plants, Shrubbery, Etc............................... W-4 W.4.8 Use of Explosives.................................................................... W-4 W.4.9 Jacking, Boring or Tunneling................................................... W-5 W.4.9.1 Materials................................................................................ W-5 W.4.9.2 Construction Requirements ..................................................... W-5 W.4.9.3 Construction by Jacking .......................................................... W-6 W.4.9.4 Construction by Boring............................................................ W-7 W.4.9.5 Construction by Tunneling....................................................... W-7 W.4.9.6 Joints..................................................................................... W-8 W.4.10 Protection of Buildings............................................................ W-9 W.4.11 Crossings To Be Kept Open..................................................... W-9 W.4.12 Protection of Unfinished Work................................................. W-9 W.4.13 Lights and Guards .................................................................. W-9 W.4.14 Backfill................................................................................... W-9 W.4.14.1 Backfill Material...................................................................... W-9 W.4.14.2 Concrete Encasement (Class F4 Embedment)........................... W-10 W.4.14.3 Cement Stabilized Backfill ....................................................... W-10 W.4.14.4 Embedment ........................................................................... W-10 w-i Section Pape W.4.15 Initial Backfill ......................................................................... W-12 W.4.16 Final Backfill ............................................................. ... W-12 W.5 POLYVINYL CHLORIDE (PVC) PIPE INSTALLATION................... W-13 W.5.1 Polyvinyl Chloride (PVC) Pipe and Fittings ................................ W-13 W.6 DUCTILE IRON PIPE INSTALLATION........................................ W-13 W.6.1 Ductile Iron Pipe..................................................................... W-13 W.6.2 Fittings For Ductile Iron Pipe................................................... W-13 W.7 CONCRETE CYLINDER PIPE INSTALLATION ............................. W-14 W.7.1 Pipe Handling......................................................................... W-14 W.7.2 Pipe Jointing ......................................................................... W-15 W.8 REINFORCED CONCRETE WATER PIPE STEEL CYLINDER TYPE PRE-TENSIONED REINFORCEMENT ................................. W-15 W.8.1 Steel Cylinders ....................................................................... W-16 W.8.2 Curing.................................................................................... W-16 W.8.3 Shop Drawings....................................................................... W-16 W.9 IRON PIPE INSTALLATION...................................................... W-16 W.9.1 Jointing Push-on Pipe ............................................................. W-16 W.9.2 Jointing Mechanical Joint Pipe ................................................. W-17 W.9.3 Making Flanged J oints............................................................. W-17 W.10 CONCRETE BACKING.............................................................. W-18 W.11 POLYETHYLENE ENCASEMENT................................................ W-18 W.12 COVER OVER PIPE AND CLEARANCE FROM OTHER PIPES ........ W-18 W.12.1 Clearance From Other Pipes, Sanitary Precautions And Disinfection, Interconnections, Backflow and Siphonage........................ W-19 W.13 CONNECTION TO EXISTING WATER MAINS............................. W-22 W.13.1 Pipe Handling......................................................................... W-22 W.14 VALVES.................................................................................. W-23 W.14.1 Gate Valves............................................................................ W-23 W.14.2 Butterfly Valves...................................................................... W-24 W.14.3 Distribution System and Fire Lead Valves................................. W-25 W.14.4 Air Release Valves, Air/Vacuum Valves..................................... W-25 w-i i Section Page W.14.5 Installation of Gate Valves....................................................... W-26 W.15 FIRE HYDRANTS..................................................................... W-26 W.15.1 Fire Hydrant Installation.......................................................... W-28 W.16 SERVICE CONNECTIONS......................................................... W-28 W.16.1 Service Materials .................................................................... W-29 W.17 CLEAN-UP.............................................................................. W-30 W.18 STERILIZATION OF WATER MAINS.......................................... W-30 W.19 INSPECTION AND TESTS ........................................................ W-31 W.19.1 Inspection - General ............................................................... W-31 W.19.2 Visual Inspection.................................................................... W-32 W.19.3 Hydrostatic Test..................................................................... W-33 W.19.4 Compaction Test .................................................................... W-34 W.20 MEASUREMENT AND PAYMENT............................................... W-34 W-iii SECTION W - WATER SYSTEM CONSTRUCTION W.1 SCOPE: These specifications for construction of water mains are intended to provide a minimum quality workmanship acceptable to the Town of Prosper and lack of any specifications not listed in this document in no way relieve the Contractor of full responsibility for providing a complete project of quality,finish appearance and satisfactory for operation. The Contractor shall furnish and install all materials, labor, and equipment for constructing the work included in these specifications and as detailed on the plans. Construction of all water systems shall comply with Texas Commission on Environmental Quality (TCEQ) Chapter 290 (Rules and Regulations for Public Water Systems) and American Water Works Association (AWWA), latest revision. W.2 PROTECTION OF WORK: When construction is stopped temporarily and at the end of the day's work, tight fitting stoppers or bulkheads shall be securely placed in or across the ends of all pipes. The Contractor will be held responsible for the care of all work until final completion and acceptance, and he will be required to make good, at his own expense, any damage or injury it may sustain for any cause. He shall assume all risks from floods and casualties of every description and make no charge for damages from such cause. W.3 MATERIALS: The Contractor shall furnish and place materials meeting the requirements of these specifications, of the dimensions and types at the locations and elevations shown on the plans or established by the Engineer. All materials shall be approved by the Engineer before being installed and any of these materials placed before they are so approved shall be removed and replaced with approved materials. W.3.1 Testing of Materials: It shall be the sole responsibility of the Contractor to prove to the Engineer's satisfaction that materials furnished for the construction of water lines comply with these specifications. Water pipe shall be tested at the factory to see that the pertinent specifications are satisfied. The manufacturer shall furnish a certificate and test reports for each carload, showing the conformity of his material with the specifications herein, and that each and every piece of pipe and fitting have been inspected for visible physical defects and defective pieces rejected. W.3.2 Storage of Materials: Materials delivered to the site of the work prior to their use shall be stored so as to cause the least inconvenience to the public, and in a manner satisfactory to the Engineer. Materials that will deteriorate such as cement and mortar shall be stored in weather-tight buildings. Rubber gaskets shall be protected from direct sunlight, oils or contamination. W-1 W.4 TRENCHING AND BACKFILL: This item consists of excavating all necessary trenches for the water main and system construction and backfilling after the pipe has been properly laid, inspected, and tested. This work shall include the furnishing of all labor, materials, tools, equipment, and machinery necessary for clearing and removing from the site of the work, wherever located, all obstructions, trees, stumps, brush, vegetation, and debris, and all earth, rock, and other materials to be excavated; the removal of existing structures except where specifically paid for as separate contract pay items; the stripping or removal of top soil or sod to be piled separately from other excavated materials and later to be restored to its original place after backfilling is completed; the furnishing, placing, and maintaining of all sheeting, shoring and bracing necessary to protect the work and adjacent properties, all pumping, bailing, and draining necessary to keep the excavation free from seepage water, water from sewers, drains, ditches, creeks, and other sources; provision for the uninterrupted flow of sewers and surface waters during progress of the construction; the removal, after completion of the work, of all sheeting, shoring, and bracing not necessary to support the sides of the excavation; the satisfactory disposal of excess and unsuitable materials not required or which cannot be used for backfilling, tamping, compacting, and refilling after settlement of all excavated areas; the restoring of all streets, alleys, fences, right-of-way, and other lands or structures, private or public, damaged or occupied by the Contractor in the performance of the contract, to as good a condition as they were prior to the beginning of the work. W.4.1 Classification: Excavation in trenches for water line construction will be unclassified and will not be paid for separately but shall be included in the price bid per linear foot for the various sizes of pipe unless specific provision for separate payment is called for in the Special Provisions and on the Proposal Form. Where no separate classification is provided, the price bid shall be on the basis of unclassified trenching, and the Contractor shall satisfy himself as to the material and conditions to be encountered. "Unclassified" excavation will include all materials and conditions other than the above encountered in the excavation. W.4.2 Construction Methods: Trenches shall be excavated by trenching machine, backhoe or dragline, except in locations where hand trenching is required. The banks of trenches shall be vertical, to a point one foot(1') above the top of the pipe. Trenches will be excavated to the lines and grades laid out by the Engineer or as shown on the plans. No change in locations of the lines is contemplated, but should any changes be made in the lines not materially altering the amount of character of the trenching to be done, the Contractor shall proceed with the changed alignment at the unit bid price. In case any change involves greater construction difficulties than the original alignment, the Owner and the Engineer will agree with the Contractor for extra compensation therefore, prior to the construction of the changed line or lines. The width of the trench on each side of the pipe bell shall be eight inches (8"). Minimum width of the trench shall be twenty-four inches(24'x. W-2 Trenches for water pipe shall be of such depth as to provide the cover as specified in Section W.12 of these specifications. The excavation shall not advance more than three hundred feet (300') ahead of the completed and back-filled pipeline. Pipe shall be laid in all trenches that have been opened at the end of each day's work, unless the Contractor secures written permission to do otherwise from the Engineer. If the bottom of the trench becomes an unstable foundation for the pipe through the neglect of the Contractor to adequately shore or dewater, the Contractor will be required to remove the unstable material and backfill the trench to the proper grade with approved compacted gravel, and no extra compensation will be granted for this material or work. Also, if the trench is inadvertently excavated deeper than necessary it shall be backfilled to the proper grade with approved compacted gravel at the Contractor's expense. However, if the undisturbed material encountered at the grade depth constitutes in the opinion of the Engineer, an unstable foundation for the pipe, the Contractor will be required to remove such unstable material and backfill the trench to the proper grade with approved compacted material. Compensation will be made to the Contractor in accordance with a mutually agreed upon cost per cubic yard. The Contractor shall excavate all trenches, including work necessary in working around existing pipe lines or other obstructions. The Contractor shall give notice to the Owners of any such lines or obstructions in order that they may have time to take the necessary precautions for protecting their property. The Contractor shall be responsible for protecting the Owner from any damage from his operations in such work. In rock, excavation shall be carried six inches (6") below the bottom of the pipe and gravel, thoroughly tamped, shall be used for backfilling to the grade of the bottom of the pipe line as specified by the specific embedment required. After inspection of pipelines has been finished on any completed portion of the work the trench may then be backfilled. Backfilling shall be accomplished in compliance with the applicable portions of these specifications. W.4.3 Sheeting, Shoring, and Bracing: The sides of all excavations shall be sheeted, shored, and braced in accordance with OSHA Regulations and installed by the Contractor's "competent person" so as to try to prevent slides, cave-ins, settlement, or movement of the banks and to maintain the excavation clear of obstructions that will in any way hinder or delay the progress of the work. In wet, saturated, or flowing materials, when it is necessary to install tight sheeting or cofferdams, wood or steel sheet piling of a design and type approved by the Engineer, who designed the trench safety plan, shall be used. All sheet piling, shoring and bracing shall have sufficient strength and rigidity to withstand the pressure exerted and maintain the sides of the excavation properly in place and protect all persons or property from injury or damage. When excavations are made adjacent to existing building or other structures or in paved streets, particular care should be taken to adequately sheet, shore, and brace the sides of the excavation to prevent undermining of, or settlement beneath, the structures or pavement. Underpinning of adjacent structures or pavement shall be done by the Contractor at his own cost and expense in a manner satisfactory to the Engineer and W-3 when required by the Engineer. The pavement shall be removed, the void satisfactorily refilled and compacted, and the pavement replaced by the Contractor; the entire expense of such removal and subsequent replacement thereof shall be borne by the Contractor. Sheeting, shoring and bracing shall not be left in place unless otherwise provided for in the contract or authorized by the Engineer. The removal of sheeting, shoring, and bracing shall be done in such manner as not to endanger or damage either new or existing structures, private or public properties, and so as to avoid cave-ins or sliding of the banks. All holes or voids left by the removal of the sheeting, shoring, or bracing shall be immediately and completely filled and compacted with suitable materials. Sheeting, shoring, and bracing ordered left in place by the Engineer will be paid for at the unit price bid for this item, when such pay item is provided. In the event no separate pay item is provided,then the cost of sheeting, shoring and bracing is to be included in such items as are provided. W.4.4 Pumping, Bailing and Draining: The Contractor shall immediately remove all surface or seepage water from sewers, drains, ditches, and other sources which may accumulate during the excavation and construction work by providing the necessary underdrains or otherwise and by doing the necessary pumping, bailing or draining. The Contractor shall have available at all times sufficient equipment in proper working order for doing the work herein required. All water removed from excavations shall be disposed of in an approved manner so as not to create unsanitary conditions nor to interfere unduly with the use of streets, private driveways, or entrances. Pumping, bailing, draining, underdrains, ditches, etc., shall be considered as incidental work and will not be bid for as separate items but their cost shall be included in the contract prices bid in the Proposal for the various units of excavation measure. W.4.5 Support of Existing Pipes Across Trench: It shall be the responsibility of the Contractor to protect and support all water, sewer, gas, and other conduits crossed by the excavation or work to be performed by him or to arrange for their temporary removal and subsequent replacement. All expense incidentals to this phase of the work shall be borne by the Contractor. W.4.6 Disposal of Excavated Materials: Excavated materials, so far as needed and of a suitable character, shall be piled adjacent to the work to be used for backfilling as required. Excavated materials unsuitable for the backfilling or in excess of that required for backfilling shall be disposed of in an approved manner at locations designated on the plans or approved by the Engineer. Desirable top soil, sod, etc., shall be carefully piled separately and replaced in its original position when required. Excavated materials shall be handled at all times in such a manner as to cause a minimum of inconvenience to public travel and to permit safe and convenient access to private and public property adjacent to or along the line of the work. In parkways and easements where it is necessary to deposit excavated materials on lawns during the work, burlap or canvas shall be placed on the lawn to prevent contact between excavated materials and the lawn. W.4.7 Protection of Trees, Plants, Shrubbery, etc.: Where trees, plants, shrubbery, etc., are adjacent to the line of the work and are not to be removed or removed and replaced, the Contractor shall protect such trees, plants, shrubbery, etc., by substantial wooden boxes and guards and shall not permit machinery or employees to scrape, tear the limbs from or damage or attach guy cables to them, and if, in the opinion of the Engineer, such trees, plants, shrubbery, etc., would be damaged by machinery, etc., hand W-4 excavation may be required. The Contractor shall be responsible for all damages to adjacent trees, plants, shrubbery,etc. W.4.8 Use of Explosives: The plans and specifications do not require the use of explosives. After approval by the Engineer, should the Contractor elect to use explosives in the prosecution of the work, utmost care shall be exercised so as not to endanger life or property and the Contractor shall use only such methods as are currently utilized by persons, firms, or corporations engaged in a similar construction business. The Contractor shall be solely responsible for the determination as to whether explosives shall be used and for any result from the use of explosives and shall indemnify and hold the Owner whole and harmless against any claim or damage or injury to persons or property, real or personal, as the result of the use of explosives by the Contractor or any subcontractor. The Contractor shall furnish the Owner with evidence of insurance sufficient to cover any such possibility, in which insurance shall either include the Owner as an insured or be of such character as to protect the Owner. All explosives shall be stored in a safe and secure manner, under the care of a competent watchman at all times, and all such storage places shall be marked clearly "DANGEROUS - EXPLOSTVES". The method of storing and handling explosives and highly inflammable materials shall conform with Federal and State laws, City ordinances, and Fire Department regulations, and to the satisfaction of the Engineer. The Contractor shall notify each utility company having structures in proximity to the site of the work of his intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. W.4.9 Jacking, Boring or Tunneling: This specification shall govern for the provision of the required opening for the installation of conduits by the methods of jacking, boring, or tunneling as shown on the plans and in conformity with this specification. W.4.9.1 Materials: The encasement and carrier pipe shall be of the type and strength as indicated on the plans. W.4.9.2 Construction Requirements: Where encasement or carrier pipe is required to be installed under railroad embankments or under highways, streets, or other facilities by jacking, boring or tunneling methods, construction shall be made in a manner that will not interfere with the operation of the railroad, highway or other facility, and will not weaken or damage any embankment or structure. During construction operations, barricades and lights to safeguard traffic and pedestrians shall be furnished and maintained, as directed by the Engineer until such time as the backfill has been completed and then shall be removed from the site. W-5 The drilling of pilot holes for the alignment of pipe prior to its installation by jacking, boring or tunneling will not be a requirement but may be necessary to maintain grade. The drilling of pilot holes will be considered as incidental work and the cost thereof shall be included in such contract pay items as are provided in the proposal and contract. The Contractor shall take the proper precautions to avoid excavating earth or rock or shattering rock beyond the limits of excavation needed to install the conduit. All damages by excavating and blasting, either to surface or subsurface structures, shall be repaired or replaced by the Contractor at his own cost and expense. The removal of any obstruction that may be found to conflict with the placing of this pipe will not be measured for payment or paid for as a separate contract pay item. The removal of any such obstruction will be included in such contract pay items as are provided in the proposal and contract. The Contractor shall dispose of all surplus materials at his own cost and expense at sites approved by the Engineer. W.4.93 Construction by Jacking: If the grade of the pipe at the jacking end is below the ground surface, suitable pits or trenches shall be excavated for the purpose of conducting the jacking operations and for placing end joints of the pipe. This excavation shall not be carried to a greater depth than is required for placing of the guide and jacking timbers and no nearer the roadbed than the minimum distance shown on the plans. At the other end of the pipe, an approach trench shall be excavated accurately to grade. All open trenches and pits shall be braced and shored in such a manner as will adequately prevent caving or sliding of the walls into the open trench or pit. Heavy-duty jacks suitable for forcing the pipe through the embankment shall be provided. In operating jacks, even pressure shall be applied to all jacks used. A suitable jacking head not less than six inches (6") larger than the outside diameter of the pipe, usually of timber, and suitable bracing between jacks and jacking head shall be provided so that pressure will be applied to the pipe uniformly around the ring of the pipe. The jacking head shall be of such weight and dimensions that it will not bend or deflect when full pressure is applied at the jack. The jacking head shall be provided with an opening for the removal of excavated material as the jacking proceeds. A suitable jacking frame or backstop shall be provided. The pipe to be jacked shall be set on guides which are straight and securely braced together in such manner to support the section of the pipe and to direct it in the proper line and grade. All timber and other materials used in the construction of the jacking assembly will be of such quality and dimensions that they will withstand all stresses to which they are subjected in such a manner as to insure even pressures on the pipe during jacking operations. The whole jacking assembly shall be placed so as to line up with the direction and grade of the pipe. As the jacking proceeds, the embankment material shall be excavated slightly in advance of the pipe in such a manner to avoid making the excavation larger than the outside diameter of the pipe, with the excavated material being removed through the pipe. The excavation for the underside of the pipe, for at least one-third (1/3) of the circumference of the pipe, shall conform to the contour and grade of the pipe. The excavation for the top half (1/2) of the pipe shall conform closely to the outside diameter of the pipe and a clearance greater than two inches (2") will not be permitted. All voids between the pipe and the earth will be filled with grout 1:7 minimum proportioned mix grout with five percent (5%) to forty percent (40%) air entrainment. Grout holes may be provided in the pipe or grouting may be made through drill holes from the W-6 P ground surface if practical. The grouting shall follow immediately upon completion of the jacking operation. All carrier pipe installed by jacking shall be supported by quarter point cradle of 2000 psi concrete across the jacking pit and to the first joint in the ditch section on each end. The distance that the excavation shall be extended beyond the end of the pipe depends on the character of the material, but it shall not exceed two feet (2') in any case. The pipe, preferably, shall be jacked from the low or downstream end. Lateral or vertical variation in the final position of the pipe from the line and grade established by the Engineer will be permitted only to the extent of one inch (1") per ten feet (10'), provided that such variation shall be regular and only in one direction and that the final grade of flow line shall be in the direction indicated on the plans. When jacking of pipe is once begun, the operation shall be carried on without interruption, insofar as practicable to prevent the pipe from becoming firmly set in the embankment. Any pipe damaged in jacking operations shall be repaired or removed and replaced by the Contractor at his entire expense. The pits or trenches excavated to facilitate jacking operation shall be filled immediately after the jacking of the pipe has been completed unless an encasement only has been installed; in which case, the trenches and pits shall be left open until the carrier pipe has been laid through and manholes have been built if required. The pits or trenches will then be backfilled in accordance with the location and conditions as are covered elsewhere in these specifications. If a carrier pipe is laid through an encasement pipe the bedding of crushed rock, concrete, grout or granular material, if any, will be considered a part of the unit price of the jacking operation. W.4.9.4 Construction by Boring: The hole shall be bored mechanically with a suitable boring assembly designed to produce a smooth, straight shaft and so operated that the completed shaft will be at the established line and grade. The size of the bored hole shall be of such diameter to provide ample clearance for bells or other joints. All carrier pipe installed by boring shall be supported by quarter point cradle of 2000 psi concrete across the boring pit and to the first joint in the ditch section. All voids will be grouted with a 1:7 minimum proportioned mix with five percent (5%) to forty percent (40%) air entrainment, and will be considered a part of the unit price of the boring operation. In addition to the requirements stated above, the applicable provisions of Section W.4.9.3, "Construction by Jacking", in regard to the construction of trench, tolerance in line and grade, method of operation, backfilling, etc., shall govern for construction by boring. W.4.9.5 Construction by Tunneling: The tunnel shall be excavated in such a manner and to such dimensions which will permit placing of the proper supports necessary to protect the excavation. The Contractor shall take the proper precautions to avoid excavating earth or rock or shattering rock beyond the limits of excavation shown on the plans. All damages by excavating and blasting, either to surface or subsurface structures, shall be repaired or replaced by the Contractor at his own cost and expense. Adequate provisions shall be made for safety and health of the workmen. All equipment operated in the tunnel shall be powered by either air or electricity. No equipment will be permitted in the tunnel that uses a petroleum product for fuel. Electric lights shall be used for W-7 r illumination of the tunnel construction, for illumination of completed portions of the tunnel used for passage, and wherever lighting is needed for inspection of the work. Sufficient number of lamps shall be used to properly illuminate the work and all wiring for electric power and lights shall be installed and maintained in a safe and secure manner in accordance with the current applicable Electrical Code. The Contractor shall maintain the tunnel air in a condition suitable for the health of the workmen and sufficiently clear for surveying operations. A sufficient supply of fresh air shall be provided and maintained at all times in all underground places and provisions shall be made for the quick and complete removal of gases and dust resulting from blasting or other tunnel operations. Except when unnecessary due to natural ventilation, artificial ventilation shall be maintained in the tunnel by ventilating plants of ample capacity operated when needed to meet the preceding requirements. If required by the plans or as required for safety, suitable steel or timber sheeting, shoring and bracing shall be used to support the sides and roof of the excavation. Supports may be left in place provided that they clear the encasement or carrier pipe. No separate payment will be made for supports left in place. Nothing contained herein shall prevent the Contractor from placing such temporary or permanent supports as they do not deem necessary, nor shall it be construed as relieving the Contractor from his full responsibility for the safety of the work, and for all damages to persons and property. If the tunnel is to be lined with concrete as a monolithic structure, then the over-break, if any, or voids will be poured with concrete of the required strength as detailed on the plans. If the strength is not indicated, the twenty-eight (28) day strength will be a minimum of 3000 psi The Contractor will not be compensated for over-breaks. No pipe shall be placed until the foundation is in a condition satisfactory to the Engineer. Tunnel dimensions shown on the plans are minimum dimensions and any excess excavation and subsequent backfill, concrete or grout fill, shall be at the expense of the Contractor. The pipe shall be laid in the tunnel true to the line of grade. Tolerance in line and grade shall be as specified in Section W.4.9.3., "Construction by Jacking." Unless otherwise indicated or specified, the entire void between the outside of the pipe and the tunnel walls or the inside face of the tunnel lining shall be backfilled with concrete having a minimum compressive strength of 3000 psi at twenty-eight (28) days or 1:7 minimum proportioned mix grout with five percent (5%) to forty percent (40%) air entrainment. No concrete or grout shall be placed around the pipe unless the permanent sheeting, bottom, sides and roof of the tunnel are in a condition satisfactory to the Engineer. The minimum thickness of concrete or grout backfill shall be maintained throughout. Concrete required for backfill in excess of the minimum dimensions shown on plan will be at the entire expense of the Contractor. All pipe damage during construction operations shall be repaired or removed and replaced by the Contractor at his entire expense. W.4.9.6 Joints: When reinforced concrete pipe twenty-four inches (24") and larger in diameter with tongue and groove joints is used for the encasement pipe, the interior joints for the full circumference shall be sealed and packed with mortar and finished smooth and even with the adjacent section of pipe. W-8 W.4.10 Protection of Buildings: The Contractor shall, at his own expense, shore up and otherwise protect any building or other structure which may, in the opinion of the Engineer, be endangered during the work, and he shall restore all buildings, culverts, fences, walls, or other properties disturbed during his work to a condition similar or equal to that existing before his operations. The Contractor shall be responsible for any injuries to persons and property, for all damages to any pipe, conduit, sewer, or other structures injuriously affected by the work. The Owner shall not be liable therefore. W.4.11 Crossings to be Kept Open: At such street, railroad, and all other crossings as may be designated by the Engineer, the trenches are to be filled in such a manner as to prevent any serious interruption of traffic upon the roadway or sidewalks. The cost thereof shall be borne by the Contractor. W.4.12 Protection of Unfinished Work: Before leaving work for the night, during a storm, or at other times, care must be taken to protect and securely close the unfinished end of the pipe. Any earth or other materials that may find entrance into the pipe through any such open or unplugged end of the pipe must be removed at the Contractor's expense. W.4.13 Lights and Guards: The Contractor must provide and maintain adequate detours around the work under construction. The Contractor shall provide lights, warning signs, and/or watchmen in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD), latest revision, to provide adequately for the safety of the public. W.4.14 Backfill: Excavation shall be backfilled only with approved materials. The placing of backfill material shall not begin until approval has been given by the Engineer and shall be done immediately when so ordered by the Engineer. Backfilling shall be brought up to an elevation slightly above the original ground level to allow for subsequent settlement. The top surface or slopes of all backfill shall be neatly graded off in a workmanlike manner, and where select topsoil, sod, or other material is removed and piled separately, such material shall be carefully replaced in a manner satisfactory to the Engineer. W.4.14.1 Backfill Material: Backfilling shall be done with good sound earth. Broken concrete, rock, bituminous pavement, or other lumpy material shall not be used in the backfill except as the lumps are small and their dispersal in the back-fill is made in the upper section in a manner satisfactory to the Engineer. Materials of a perishable, spongy, or otherwise improper nature shall not be used in backfilling. Where good sound earth is not available from the excavated material, gravel cushion and/or granular backfill material will be used for the initial backfill operation to a point twelve inches (12") above the top of the pipe. Gravel cushion and/or granular backfill material will not be required when concrete encasement is specified or used around the pipe. No backfill shall be removed. Sheeting, shoring and bracing shall be pulled and removed during the progress of the backfilling in a manner satisfactory to the Engineer. W-9 W.4.14.2 Concrete Encasement(Class F4 Embedment): The pipe shall be supported by concrete block. Concrete encasement when required, shall be composed of a free flowing material consisting of small stone, pea gravel, limestone chat, or pit run sand and gravel. The material shall be free from sticks, lumps, stones, and organic matter. Concrete encasement shall be poured either wet or dry as may be directed by the Engineer. Concrete encasement shall have an average compressive strength at twenty-eight(28) days equal to or greater than 3000 psi. When concrete encasement backfill material is specified or ordered by the Engineer to be poured DRY, the Contractor shall place this material on each side of the pipe for the pipe for the full width of the trench using shovels to cut the material back under the pipe and shall be tamped to a height of six inches (6") minimum above the pipe to receive final backfill. Care must be exercised not to dislocate or disturb the grade or alignment of the pipe. If ordered by the Engineer to be poured WET, caution and care must be used not to float the pipe out of place. In the event pipes are floated out of the proper position, they shall be removed and relayed at the expense of the Contractor W.4.14.3 Cement Stabilized Backfill: Where backfill material shown or called for on the plans is cement stabilized the material shall extend from the top of the standard embedment to the natural ground elevation and include the entire width of the trench. Cement stabilized backfill shall contain a minimum of two(2)sack mix (per yard of earth). W.4.14.4 Embedment: In the construction of water lines,the trench shall be excavated to a minimum depth of six inches (6") below the grade of the outside of the pipe. On water line construction, when, in the opinion of the Engineer, the subgrade material encountered at grade is soft, spongy, and unsuitable, it shall be removed to such a depth that the replacement thereof with firmly tamped crushed rock or natural gravel will provide an unyielding, stable foundation. Class F1 Embedment: the trench shall be filled with Standard Crushed Rock or Natural Gravel up to 1/2 the outside diameter of the pipe. (Standard PVC Pipe) Class F3 Embedment: the trench shall be filled with Standard Crushed Rock or Natural Gravel up to 1/6 outside diameter of pipe. (Ductile Iron Pipe) A. Rock The stone used in cushion shall consist of durable particles of crushed rock and shall be free from lumps, stones over two inches (2") in diameter, free from frozen material or injurious amounts of salt, alkali, loam, vegetable or other organic matter. It shall have a wear of not more than forty percent (40%) when tested in accordance with Texas SDHPT Test Method TEX-410-A. Gradation is provided in table below: W-10 B. Gravel The gravel used in cushion shall consist of uncrushed stones meeting the requirements of wear as referenced in Section W.4.14.4(A) above. The material shall be washed and screened and not have by weight more than one percent(1%) organic matter, clays or loam and not more than five percent(5%) by weight of any one of or combination of slate, shale, schist or soft particles of sandstone. Gradation is provided in table below: When tested by standard laboratory methods, gravel cushion embedment shall meet the following requirements for percentage by weight as stated in the Texas State Department of Highways and Public Transportation Standard Specifications for Construction of Highways, Streets and Bridges. TABLE—GRAVEL CUSHION EMBEDMENT STANDARD CRUSHED ROCK (Aggregate Grade 4 or Size No. 57 ASTM C 33) Sieve Size Percent Retained on 1-112 inch 0% Retained on 1 inch 0% to 5% Retained on 1/2 inch 40%to 75% Retained on No. 4 90%to 100% Retained on No. 8 95%to 100% NATURAL GRAVEL Sieve Size Percent Passinq 1-1/2 inch 100% Retained on 3/4 inch 100% , Sub grades that have been allowed to become unstable by neglect of the Contractor, by improper drainage or lack of drainage,when in the opinion of the Engineer, the condition was caused by the neglect or fault of the Contractor, the Engineer shall order the Contractor to remove the unstable subgrade and replace the same with gravel at the expense of the Contractor, and no extra compensation will be allowed. W.4.15 Initial Backfill: W-11 After pipe has been laid and the joints have hardened to such an extent that they will not be damaged by backfilling operation, the pipe lines shall be backfilled in accordance with ASTM D- 698 as follows: Class F1 Embedment: Select or granular material compacted to ninety-five percent (95%) Standard Proctor Density a minimum of twelve inches (12") over the top of the pipe or as required by the Engineer. Class F3 Embedment: Select or granular material compacted to ninety-five percent (95%) Standard Proctor Density a minimum of six inches (6") over the top of the pipe or as required by the Engineer. Sand shall consist of clean, hard, durable, uncoated grains, free from lumps and organic material. All particles must pass a No. 8 sieve. Any special backfill where shown on the plans shall replace the backfill procedure shown herein. Detectable Metallic Tape("Blue-Caution Buried Water Below"or approved other)shall be installed after initial backfill on approximate centerline of pipe prior to final backfill. W.4.16 Final Backfill: The final backfilling operation shall be in accordance with ASTM D-698 and one of the following methods used for any of the initial backfill procedures. All final backfill material shall be less than six-inch (6")diameter. A. The remainder of the backfill shall be native material placed in uniformly compacted layers not exceeding six inches (6') in loose depth and hand or mechanically tamped in a manner approved by the Engineer to ninety-five percent(95%)Standard Proctor Density. B. With City approval where an existing street or driveway surface has been cut (asphalt pavements shall be saw cut before excavation), the following procedure is to be used in backfilling and replacing the pavement(unless otherwise shown on the plans): 1. The top twenty-four inches (24") of the trench shall be filled with crushed stone flex-base. 2. In not more than seventy-two (72) hours after backfill of the pavement cut is completed, unless otherwise approved by the Engineer, the Contractor shall remove the gravel backfill to a point and pour a minimum six-inch (6") thick concrete slab extending twelve inches (12") beyond the trench width. The slab shall be covered with twelve inches (12") flexible base (95% Standard Proctor Density) and then place fine graded surface course hot mix asphalt concrete, which, when compacted, will be not less than one and one-half inches (1-1/2") thick or equal to the adjacent asphalt. C. Where concrete pavement is cut, the Town of Prosper Representative and the Contractor shall meet to determine the amount of removal. W.5 POLYVINYL CHLORIDE (PVC) PIPE INSTALLATION: W-12 Polyvinyl chloride (PVC) pipe may be installed for water mains in the public water utility system. W.5.1 Polyvinyl Chloride (PVC) Pipe and Fittings: PVC pipe shall be new, manufactured in the United States of America and shall be blue in color. PVC pipe shall conform to AWWA C900 or C905. PVC water pipe shall be listed by Underwriters Laboratories and approved for use in cities and towns of Texas by the State Board of Insurance. The rigid PVC pipe shall bear the seal of approval (or 'NSF' mark) of the National Sanitation Foundation Testing Laboratory for potable water pipe. Provision must be made for contraction and expansion at each joint with a rubber ring, and an integral thickened bell as part of each joint. Pipe and fittings must be assembled with a non-toxic lubricant in accordance with pipe manufacturer's recommendations. Pipe shall be made from NSF approved Class 12454 PVC compound conforming to ASTM resin specification D1784. PVC pipe shall be a minimum Class 150 (DR18). Laying lengths shall be twenty feet+ one inch (20' + r). W.6 DUCTILE IRON PIPE INSTALLATION: W.6.1 Ductile Iron Pipe : Ductile Iron Pipe shall be new, manufactured in the United States of America and designed in accordance with AWWA Specifications (C150) (ANSI A21.50) using 60,000 psi tensile strength, 42,000 psi yield strength and ten percent (10%) elongation. Pipe shall be designed for a minimum 150 psi water pressure plus 100 psi surge, with the trench conditions depth of cover and backfill as specified and blocks, with a two(2)to one(1)safety factor. Ductile Iron Pipe shall be manufactured in accordance with AWWA Specification C151 (ANSI A21.51) in metal or sand lined molds. Ductile Iron Pipe shall be cement lined in accordance with AWWA Specification C104 (ANSI A21.4). The pressure rating, thickness class, net weight of pipe without lining, length of pipe and name of manufacturer shall be clearly marked on each pipe. Ductile Iron Pipe may be mechanical joint, Fastite, Bell-rite or TYTON per AWWA Specification C111 (ANSI A21.11). Mechanical joints to be furnished complete with accessories. Bolts and nuts shall be Stainless Steel or Cor-ten. W.6.2 Fittings for Ductile Iron Pipe: Fittings shall be Ductile Iron per AWWA Specification C153 (ANSI A21.53) or AWWA C110 (ANSI 421.10). Mechanical Joint, or Push-on Joint, with a working pressure of 350 psi for 4" through 24" and a working pressure of 250 psi for greater than 24" fittings. Mechanical Joint Fittings shall be manufactured in accordance with AWWA Specification C110 (ANSI A21.10) with Mechanical Joints manufactured in accordance with AWWA Specifications C111 (ANSI A21.11) complete with Stainless steel bolts and nuts (US alloy or approved other). Push-on Fittings shall be manufactured in accordance with the applicable portions of AWWA Specification C110 (ANSI A21.10) and AWWA C111 (ANSI A21.11). Joints to be in accordance with the respective manufacturer's standard, gaskets for push-on joint fittings must be interchangeable with those furnished with the pipe. Compact fittings shall be manufactured in accordance with AWWA C153 (ANSI A21.53) for 3" through 24" and 54" through 64" pipe. Fittings shall be cement lined in accordance with AWWA Specification C104 (ANSI A21.4). W-13 W.7 CONCRETE CYLINDER PIPE INSTALLATION: Concrete cylinder pipe, fittings, specials, and valves are to be installed at locations shown on the plans. Unless otherwise indicated, pipe in trenches shall be laid to the grade shown on an even grade from point to point for which elevations are furnished. The grade line shown on the plans is the invert or flow line. The Contractor shall establish the grade line in the trench or excavation from grade stakes established by the Engineer. W.7.1 Pipe Handling: Pipe, fittings, valves, and other accessories shall be hauled to and distributed at the site of the project by the Contractor; they shall at all times be handled with care to avoid damage. In loading and unloading they shall be lifted by hoists or cranes as specified below or rolled on skid ways in such manner as to avoid shock. Under no circumstances shall pipe be dropped. Pipe handled on skid ways must not be skidded or rolled against pipe already on the ground. Pipe shall be placed on the site of the work parallel with the trench alignment and with bell ends facing the direction which the work will proceed unless otherwise directed. Proper implements, tools, equipment, and facilities shall be provided and used by the Contractor for the safe and convenient prosecution of the work. All pipe, fittings, specials, valves, etc., shall be lowered into the trench by means of a "side boom", crane, or other suitable machine and shall not be rolled or dumped into the trench. The "side boom", crane, etc., shall be of a sufficient size for handling the pipe, shall lift and lower the pipe at a slow rate of speed, and shall be capable of stopping the lifting operation at any point without producing a shock or otherwise jerking or vibrating the pipe. The hoisting cable pipe clamp shall be connected to the pipe in such a manner so as to prevent damage to the coating, The method of connection shall be subject to the Engineer's approval. Before lowering into the trench, each joint of pipe shall be inspected and any unsound or damaged pipe shall be rejected. The pipe shall be kept clean during the laying operation and free of all sticks, dirt, and trash, and at the close of each operating day the open end of the pipe shall be effectively sealed against the entrance of all objects and especially water. No pipe shall be laid in water or when the trench conditions or the weather are unsuitable for such work, except in an emergency and then only upon permission of the Engineer. All pipe shall be laid accurately to established lines and grades with valves and fittings at the required location and with joints centered and spigots home. Line and grade stakes will be provided by the Engineer. Where it becomes necessary to make deflections in the line of the pipe, sections of pipe with beveled ends up to 50 of fabricated fittings shall be used. Minor deflection of the line of the pipe may be obtained in the pipe joints; however, the maximum joint opening caused by such deflection shall not exceed three-quarter inch (3/4") for sixteen-inch (16") pipe and larger. Field cuts of the pipe will not be permitted. W.7.2 Pipe Jointing: W-14 Sections of pipe shall be tightly fitted together, and care shall be exercised to secure true alignment and grade. Before laying each joint of pipe the bell and spigot rings shall be thoroughly cleaned by wire brushing and wiping until clean and dry. Where pipe is being laid the gasket shall be placed on the spigot ring, and the spigot end of the pipe shall then be entered into the bell of the adjoining pipe and forced into position. The gasket and the inside surface of the bell shall be lubricated with a suitable solution (flax soap) which will facilitate the telescoping of the joint. The inside joint recess between ends of the pipe sections shall have a maximum and minimum width of one inch (1") and one-quarter inch (1/4") respectively. No "blocking up" of pipe or joints will be permitted. The exterior joint shall be made by placing a cloth joint wrapper around the pipe which will be held in place with two (2) strands of wire. The cloth wrapper shall be seven inches (7")wide and hemmed on each side so that the wire "ties" may be inserted to hold the wrapper in place. The cloth shall be of such length that it will encircle the pipe, leaving enough opening between the ends to allow the mortar to be poured inside the wrapper. The wire ties shall be sixteen (16) gauge black annealed wire, or approved other, and shall be of such length as to encircle the pipe and overlap at the ends about eight inches (8") for tying. The wrapper shall be securely fastened before the joint is poured. The wire wrapper shall be similar and equal to the wrappers (diapers) as made by the Mar-Mac Manufacturing Company. The grout used for pouring the joint shall consist of one (1) part Portland Cement (Type 1) to two (2) parts of clean, fine, sharp platter sand and mixed to the consistency of thick cream. The joint shall be filled with this grout from one side in one (1) continuous operation until the grout has flowed entirely around the pipe. During the filling of the joint it shall be rodded with flexible wire to settle the grout. Upon completion of backfilling of the pipe trench the inside joint recess shall be filled with a Portland cement mortar consisting of one (1) part cement to two (2) parts sand. After the joint has been filled the surface of the joint shall be leveled with the interior surface of the pipe, and the face of joint brushed with a wet brush. Careful inspection shall be made of each joint to insure a smooth continuous interior surface. The interior of the pipe shall be thoroughly cleaned and any obstructions that may reduce its carrying capacity removed. Following completion of the pipe line progressively or in sections including completion of inside joints and inspections, insofar as might be possible or practicable, the line shall be kept filled with water. It is required that a factory trained, qualified,job trained inspector is to be placed on the job. No pipe shall be laid unless such inspector is present and inspects the laying of the pipe. Whenever necessary to patch any inside surface cuts on the inside surface of the pipe and where necessary to patch any clipped areas at the ends of pipe, such patches shall be made with a mortar of one (1) part Embeco (as manufactured by the Master-Builders Company), one (1) part Portland cement, and one (1) part clean, sharp sand, all measurements to be by weight. Pipe thus patched shall not be installed until the patch has been properly and adequately cured and unless approved for laying by the pipe manufacturer's inspector and by the Engineer. W.8 REINFORCED CONCRETE WATER PIPE STEEL CYLINDER TYPE PRE-TENSIONED REINFORCEMENT (Steel Cvlinder TvDe): Concrete cylinder pipe, modified pre-stressed (or pre-tensioned reinforcement) when required as shown on the plans shall consist of a welded sheet steel cylinder lined with a dense concrete lining and around which there is placed reinforcing bars wound helically under measured tension, with a dense concrete coating covering the cylinder and the bars, and with steel joint rings of the bell and spigot type for rubber gasket. Pipe shall be in approximately thirty-two foot (32') W-15 nominal lengths except for shorter lengths as required by special conditions. The pipe and pipe fittings shall comply with AWWA C301 or AWWA C303. C301 pipe shall be designed in accordance with AWWA C304, C303 pipe shall be designed in accordance with AWWA Manual M9. The pipe manufacturer shall have had a successful experience record in the design and manufacture of concrete cylinder pipe and shall have had a substantial footage of pipe of similar size and with the same joint as offered for this project in successful operation for at least five (5) years. All pipe and fittings shall have the approval of the Underwriter's Laboratories, Inc. All pipe shall be Class 150 (designed for a working pressure of 150 psi) unless otherwise noted on the plans or in the Special Provisions. W.8.1 Steel Cylinders: The steel cylinders shall be fabricated from hot-rolled carbon steel sheets or plates. Sheets shall conform to the requirements of the current ASTM standards referenced in AWWA C301 or C303 and a minimum yield point of 30,000 psi Plates shall conform to the requirements of the current ASTM A283, AST A285 or ASTM A36. W.8.2 Curing: Before wrapping the cylinder with the rod wrap, the lining is to be steam cured for a minimum period of fifteen (15) hours, after spinning with a moist steam between 90°F. and 125°F. Steam shall be applied to the inside lining within approximately two (2) hours after spinning. In lieu of steam curing, the lining may be kept moist for a minimum period of fifty-four (54) hours. This shall be accomplished by tightly sealing the ends of the cylinder with a waterproof membrane to retain the moisture in the mortar. Curing shall be as detailed in AWWA C301 and AWWA C303. W.8.3 Shop Drawings: Upon the award of the contract, the Contractor shall furnish the Engineer shop drawings showing the pipe and fittings to be furnished and shall include a location profile and a tabulated layout schedule as required by the Engineer. Such drawings shall be subject to the approval of the Engineer and fabrication of pipe and fittings shall not be commenced until such drawings have been approved by the Engineer. W.9 IRON PIPE INSTALLATION: W.9.1 Jointing Push-on Pipe: A. Materials: All component parts are to be furnished with and included in the price bid for pipe. The materials consist of a circular rubber gasket of modified bulb shape in cross section. B. Procedure: Remove any foreign matter in the gasket seat of the socket, wipe gasket clean, flex gasket and place in socket with the large round end or bulb end entering first. Seat gasket evenly around inside of the socket with the groove fitted over the bead. Remove any bulges. Apply a thin film of lubricant furnished by the pipe manufacturer to the inside surface of the gasket. No lubricant other than that furnished with the pipe by the pipe manufacturer will be allowed to be used. Wipe plain end of pipe, to be entered; clean and place in approximate alignment with the bell of the pipe to which it is to be jointed. Apply a thin film of the lubricant to the outside of the plain end about one inch (1") back from the W-16 end. Align the pipe and carefully enter the plain end into the socket until it just makes contact with the gasket. Complete joint assembly by forcing the plain end of the entering pipe past the gasket until it makes contact with the bottom of the socket. For pipe in sizes ten inches (10") and larger, a jack-type tool will be used to make up the joint and complete the assembly of the joint in forcing the plain end of the pipe past the gasket. C. Deflection of Joints: The maximum deflection at each joint will not exceed manufacturer's recommendation. W.9.2 Jointing Mechanical Joint Pipe: A. GENERAL This type of pipe shall be jointed in full accordance with the manufacturer's recommendations and shall be done in a neat and workmanlike manner. Care shall be taken to prevent shearing the bolts. B. PROCEDURE 1. After carefully cleaning both spigot and bell and after slipping the following ring and the gasket over the spigot end,the spigot shall be slipped into the bell. 2. If requested by the Engineer or his Inspector, a lubricant shall be applied to the spigot to assist in assembly. 3. The gasket shall be carefully seated by hand so as to be even in the bell at all points. 4. After drawing up the follower ring to uniform bearing against the gasket the bolts will be inserted and tightened by hand in pairs using bolts opposite each other. 5. The nuts are to be tightened amply to hold the required pressure. Extension wrenches or pipes over wrench handles will not be permitted. Ten-inch (10") rachet wrenches with a tension setting control shall be used to tighten the nuts unless other types of wrenches are approved by the Engineer. 6. The finished joint shall be neat and uniform and shall be watertight. 7. All nuts and bolts for mechanical joint and flanged joints shall be stainless steel. W.9.3 Making Flanged Joints: The Contractor shall be responsible for the measurement of all connections. Flanged piping shall be erected in accordance with the controlling dimensions shown on the plans. Each piece of flanged pipe shall be thoroughly cleaned to remove dirt, rust, grease and other foreign matter. Flanged faces shall be thoroughly wire brushed to insure even bearing for gaskets and mating flanges. Gaskets for flanged joints shall be rubber, Neoprene or SBR, full-faced, one-eighth inch (1/8") thickness, "Cranite" or approved other. Gaskets shall be UL listed. Flange bolts shall be installed with bolts in one (1) direction. W-17 Flange bolts shall be tightened, each in turn, at a uniform rate around the joint. All flange bolts shall be Stainless steel. Flanged piping shall be manufactured in accordance with AWWA Specification C115(ANSI A21.15). W.10 CONCRETE BACKING: Concrete shall have a compressive strength of not less than 3000 psi shall be used as a cradle or backing. All materials including aggregates,cement, and water, as well as the mixing and placing of the concrete, shall be approved by the Engineer. Bends of twenty-two and one-half degrees (22-1/211) and greater, plugs, and all tees, crosses, etc., shall be backed with concrete as a thrust backing. Backing shall be placed between solid ground and the fitting to be anchored; the area of bearing on pipe and on ground in each instance shall be that required by the Engineer. W.11 POLYETHYLENE ENCASEMENT: The encasement of piping with polyethylene film in tube or sheet form shall be provided on all ductile iron pipe, related fittings, and valves. This wrap shall be an 8 mil. thickness polytube. Seams and overlaps shall be wrapped and held in place by two inch (2'� wide plastic backed adhesive tape, Polyken 900 or Scotchrap no. 50, or an approved equal, with approximate two foot(2� laps on the polytube. The wrap on the barrel of the pipe shall be loose enough to allow the film to shift with the soil. The wrap shall be installed without breaks, tears, or holes in the film. The Polyethylene film shall be installed in accordance with the specifications and requirements of AWWA C105 (ANSI A21.5). W.12 COVER OVER PIPE AND CLEARANCE FROM OTHER PIPES: It is intended that all water lines shall have a minimum cover of forty-two inches (42") unless otherwise specified on the plans. Where the lines are located in improved street with curb and gutter, the cover of forty-two inches (42") will be measured from the top of the curb to the top of the water pipe. Where the water lines are located in unimproved streets without curb and gutter, the cover of forty-two inches (42") will be measured from the bottom of road ditch to the top of the pipe regardless of the cover over the pipe at other points in the street. Across natural ground the cover over the pipe shall be measured from natural ground to the top of pipe. If a profile is shown on the plans, the Contractor will be required to lay the line to conform to the grades shown. If it is necessary that a water line shall have over forty-two inches(42") of cover in order not to exceed the manufacturer's recommendations for deflection of the pipe, the Contractor shall excavate the ditch with no extra compensation. Regardless of the depth of ditch necessary, the Contractor shall, under no condition, exceed the manufacturer's recommendations for deflection of the pipe at joints. The Contractor will receive no extra compensation for extra depth necessary to cross existing utility lines. Attention is called to the fact that concrete cylinder pipe must be laid on a grade to insure proper jointing of the pipe. The grades will be determined in such a manner so as to avoid excessive use of fittings and specials and to provide a uniform grade between low points and high points. No additional compensation will be paid for extra trench depth required, to meet these conditions. Any differences of opinions concerning the grades as set by the Engineer must be resolved by the Contractor prior to pipe laying. W.12.1 Clearance From Other Pipes, Sanitary Precautions and Disinfection, Interconnections, Backflow and Siphonage: W-18 Water mains, pipes, etc., shall be designed and constructed to comply with the Texas Commission on Environmental Quality (TCEQ) Chapter 290 (Rules and Regulations for Public Water Systems). These rules and regulations are divided into several parts among which include the following requirements. A. When new water mains and new sanitary sewers are installed, they shall be installed no closer to each other than nine feet (9'). Where this cannot be achieved, the sanitary sewer shall be constructed of pressure type pipe with watertight joints as used in water main construction for the nine foot (9') clearance. Unless sewer manholes are made watertight, the edge of the manhole shall be located at least nine feet (9') from the water lines. The following table shall be used in determining minimum separation distances of various cases. B. When new water mains are installed where existing sanitary sewers are located, and when the requirements outlined in W.12.1(A) cannot be met because of physical conditions, extra precautions shall be taken by centering the water mains so that the pipe joints are at a maximum distance from the sewer line, by encasing the sewer line with concrete, and by installing the water main above the sewer line whenever possible. C. No physical connection shall be made between a drinking water supply, public or private, and the sewer or any appurtenance. Any facilities for permitting discharge of drinking water into the sewer of any appurtenance thereof shall be constructed so as to prevent any possibility of sewage entering the drinking water system. W-19 TABLE -SEPARATION OF WATER AND SEWER LINES Condition Location MATERIAL MINIMUM SEPARATION Comments Water I Sewer Vertical Horizontal_ NEW WATER AND NEW SEWER SYSTEM Sewer force main and Water CI DI PVC gravity above Std 2 feet 4 feet Separate trenches sanitary sewer Sewer 150 psi parallel to water main Water above Gravity sanitary Sewer OR Std CI DI PVC 6 inches N/A Center one joint of sewer sewer crossing Sewer above pipe on water main. Cement water main Water 150 psi stabilize sand backfill 12 feet past joints. Cement stabilize sand backfill Gravity sewer Water ABS, Clay initial backfill zone of sewer crossing water above Std Concrete 2 feet N/A for 9 feet each side of main Sewer Composite crossing. Center one joint of sewer pipe on water main. NEW WATER AND EXISTING SANITARY SEWER ABS, Clay, If sewer shows no sign of New water Water leakage, then leave sewer parallel above Std Concrete 2 feet 4 feet alone. If sewer shows existing Sewer CI DI PVC signs of leakage, then sewer repair or replace. If sewer shows no sign of New water Water ABS, Clay, leakage,then leave sewer crossing existing above Std Concrete 2 feet N/A alone. If sewer shows signs sewer Sewer Composite of leakage, then repair or replace. Replace existing sewer New water Water ABS, Clay, with one joint CI, DI, PVC crossing existing above Std Concrete 2 feet N/A 150 psi, centering over sewer Sewer Composite water line. Replace exist. sewer with CI, New water Water DI, PVC 150 psi, or cement parallel to above Std ABS, Clay, 2 feet 4 feet stabilized sand backfill in initia existing sewer Sewer Concrete backfill zone of sewer where Composite parallel closer than 9 feet, or encase the water in 150 psi pipe two nominal sizes larger. W-20 TABLE-SEPARATION OF WATER AND SEWER LINES(continued) Condition Location MATERIAL MINIMUM SEPARATION Comments Water I Sewer Vertical Horizontal EXISTING WATER AND NEW SANITARY SEWER Water above CI DI PVC New sewer Sewer parallel to OR Std 2 feet 4 feet Separate trenches existing water Sewer above 150 psi Water Water above CI DI PVC Center one joint of sewer pipe New sewer Sewer OR Std 6 inches N/A 1 p p in water line. rossin 9 existing Sewer above 150 psi water Water Cement stabilized sand New sewer Water backfill initial zone of sewer above Std ABS,on Clay, 2 feet N/A for 9 feet each side of crossing existing Concrete / water Sewer crossing. Center one joint of Composite sewer pipe on water main. D. No sewer lines carrying domestic or industrial wastes shall cross suction mains to pumping equipment. Water lines shall not be installed closer than ten feet (10') to septic tank drain fields. E. Sanitary precautions, flushing, disinfection procedures and bacteriological sampling, as prescribed in AWWA Standards and these specifications for disinfecting water mains, shall be followed in laying water lines. F. Pipe shall not be laid in water or placed where it can be flooded with water or sewage during its storage or installation. G. Where water mains are laid under any flowing stream or semi-permanent body of water, such as marsh, bay or estuary, the water main shall be installed in a separate watertight pipe encasement or double valves shall be provided in the line on each side of the crossing with facilities to allow the underwater portion of the system to be isolated and tested to determine that there are no leaks in the line under water. All lines four inches (4") and smaller should be encased. H. New mains shall be thoroughly disinfected in accordance with AWWA Standards and these specifications and then flushed before being placed in service. Samples shall be collected for bacteriological analysis to check the efficiency of the disinfection procedure, which shall be repeated if contamination persists. I. No physical connection between the distribution system of a public drinking water supply and that of any other water supply shall be permitted unless such other water is of a safe, sanitary quality and the interconnection is approved by the Texas Department of Health Resources. W-21 J. No water connection from any public drinking water supply shall be made to any sprinkling, condensing, cooling, plumbing or any other system unless the said connection is of such a design as will insure against any backflow or siphonage of sewage or contaminated water supply. K. The use of check valves, double check valves or backflow preventer is not considered as sufficient protection in separating potable and questionable water systems. W.13 CONNECTION TO EXISTING WATER MAINS: Where indicated on the plans and/or hereinafter specified, the Contractor shall connect the new main with existing mains or lines. The Contractor shall furnish all labor, materials, equipment, and services required for the locating and uncovering of the existing line, the making of cuts in the existing line, the removal, relocation, and connecting of the existing line into the new main and any and all appurtenant work required for a complete connection. Relocated mains or lines shall be laid so that all valves so relocated or installed shall be set vertically. Only such connections to existing mains as are necessary to load, test, and sterilize mains under construction with water from Owner mains will be permitted prior to the sterilization of new mains. All other connections to existing mains from a new main being constructed shall be made only after the new main has been adequately and satisfactorily sterilized and the Engineer or his Inspector has authorized the connections to be made. Contractors will be required to plug and block lines, crosses, tees, or other fittings installed in the new main to permit testing and sterilization prior to the making of connections. Such plugs and blocking shall be adequate to withstand a working pressure of 200 psi. Connections to an existing line shall be made with full body ductile iron tapping sleeve and valve. Tapping sleeves shall be Mueller Model #H-615, American Flow Control Model #'s 2800/1004 or U.S. Pipe Model #T-9. With prior approval by the City Engineer, stainless steel Smith Blair 623 may be allowed for connection to existing lines twenty-inch (20'� or larger. Approved valves are provided in Section W.14.1 of these specifications. Where cut-ins are made immediately adjacent to valves which are under pressure, the Contractor shall take all necessary precautions to brace such valves with temporary blocking and bracing which shall be ample size and properly placed to prevent movement or blowing off of any pipe, valves, or fittings due to water pressure on the main. Connections to existing water mains shall be made at the locations shown, as specified, and/or as directed by the Engineer. All such connections shall be made in a most expeditious and workmanlike manner to cause the least inconvenience to water customers and to traffic and shall be made at night unless otherwise approved by the Engineer. The detailed schedule of operations for making each connection shall be approved by the Engineer or his Inspector before any work thereupon is commenced. W.13.1 Pipe Handling: Proper implements, tools, and facilities shall be provided and used by the Contractor for the safe and convenient prosecution of the work. All pipe, fittings, and valves shall be carefully lowered into the trench piece by piece by means of derrick ropes or other suitable tools or equipment in such a manner as to prevent damage to pipe or pipe coating. Under no circumstances shall pipe or accessories be dropped into the trench. At all times when pipe laying is not in progress, the open ends of the pipe shall be closed by approved means. No trench water shall be permitted to enter the pipe. All foreign matter or dirt W-22 shall be removed from the pipe, and it shall be kept clean by approved means during and after laying. No pipe shall be laid in water or when trench conditions are unsuitable for such work. Cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat workmanlike manner without damage to the pipe. Concrete pressure pipe shall not be cut on the job without the approval of the Engineer. W.14 VALVES: W.14.1 Gate Valves: In general, all gate valves shall conform to the Standard Specifications for Gate Valves for Ordinary Water Works Service, AWWA C-509, except for changes or additions specifically outlined as follows: Gate valves two-inch (2") to twelve-inch (12"), inclusive, shall be nut or handwheel operated, as shown on the plans. Valves, excluding tapping sleeve and valves, larger than twelve inches (12'� may be Butterfly Valves. Valves shall have flanged or mechanical joint ends. Bell and spigot pipe will use valves with Class "D"bells conforming to the Standard Specifications for Cast Iron Pressure Fittings, AWWA C-100, or a mechanical joint casting conforming to American National Standard Specifications for a mechanical joint for Cast Iron Pressure Pipe and Fittings, ANSI A21.11 (AWWA C-111). Flanged pipe will use valves with flanged ends conforming to ANSI B 16.11 Class 125). All gate valves shall be epoxy coated body with resilent wedge. Valves must embody the best workmanship and finish, and open and close freely and easily. In closing, the gates must move without friction to their position opposite their ports, both discs being then closed squarely against the seat rings. When valves are in full opened position, the discs shall be raised clear of the water and provide an opening equal to the full normal diameter of the valve. Gate valves shall be tested at a hydrostatic pressure of 300 psi, and shall be guaranteed for 150 psi water working pressure. Any leakage at the pressures through any castings or between the bronze ring and the cast iron body shall cause the said casting or assembled fitting to be rejected. No plugging or patching to stop any leakage will be permitted. All gate valves shall open by turning counter-clockwise. All bronze metal used in the working parts of the valve, with the exception of the valve stem, shall have a tensile strength of 34,000 psi. Gate valves of the internal wedging type shall have solid wedges made of high grade bronze, having a tensile strength of at least 50,000 psi, with wide bearing surfaces of sufficient thickness to guarantee no bending or denting under abnormal strain, and such bearing surfaces shall be ground to flat surfaces on each face. The wedges in valves twelve-inch (12") and over may be trimmed with a heavy bronze mounting. Gate valve stems or spindles shall be of high-tensile strength manganese bronze, or other non-corrodible metals as specified in ASTM B 584 CDA 844. A specimen cut from any portion of the stem or spindle and machined to dimensions as in Figure 3, 4, or 5, "Standard Methods of Tension Testing of Metallic Materials", pages 699 and 700, A.S.T.M. Standards 1946, Part 1-A Ferrous Metals, shall produce tensile properties not less than W-23 those shown in Table II, under "Standard Specifications for Manganese Bronze Rods, Bars and Shapes", A.S.T.M. Designation B 138. A thrust collar on the spindle shall be cast integral with the spindle. A spindle having a thrust collar fastened or upset by any mechanical means is not acceptable. (There shall be provided a stem collar bushing suitably machined, to permit repacking the valve when it is in full open position. The stuffing boxes and glands shall be bronze bushed). The manufacturer shall be required to furnish the Owner with certified copies of the hydrostatic tests and physical test of all metals used in the manufacture of the valves. Detail prints shall be furnished on all valves. Gate valves (including tapping sleeves and valves) shall be Mueller Model Series 2360, M&H Model Series 4067/7571 or American Flow Control Model Series 2500. W.14.2 Butterfly Valves: In general, all butterfly valves and actuators:shall conform to AWWA Standard for Rubber-Seated Butterfly Valves, AWWA Standard C 504 except for changes or additions specifically outlined as follows: Butterfly valves may be used for valves, excluding tapping sleeve and valves, larger than twelve inches (12'x. Manholes shall be constructed if required by the City Engineer or his/her designee. The valve body shall be short body, flanged and made of cast iron or ductile iron. Flange holes shall be drilled full size. Valve seats shall be natural rubber or Buna-N and polished stainless steel, Type 304 or 316, 900 seating angle only with a 3600 uninterrupted seating surface. Shafts shall be Type 304 or 316 stainless steel. Shaft seals shall be standard split-V packing or double 0-ring seal cartridges. Discs shall be ductile iron, cast iron or fabricated steel. Operating nuts shall be ductile iron. Valves shall have flanged or mechanical joint ends or any combination of these as may be specified. A. Mechanical joint ends shall conform to AWWA Standard C 111 (ANSI A21.11). B. Flanged ends shall conform to AWWA Standard C 110 (ANSI A21.10), Class 250 lb. C. Bolts and nuts for mechanical joints shall be high-strength, low-alloy corrosion-resistant steel conforming to ASTM A 325 (Type 3). D. No flanged by slip-on or slip-on by slip-on ends allowed. Manual Valve Actuators shall conform to the latest revision of AWWA Standard C 504 and shall be sized for the maximum valve torque requirements based on the operating pressures and flow rates as specified. The valve actuator shall be designed to hold the valve in the any intermediate position between fully opened and fully closed without creeping and fluttering. Actuator shall be located at the right end of a horizontal shaft. The input shaft shall be vertical and upward. Actuators shall be totally enclosed worm gear type and traveling-nut type Limitorgue, Type HBC or approved other. The valve shall close by turning the input shaft clockwise. All hand wheels shall turn clockwise to close the valve. W-24 The manufacturer shall be required to furnish the Owner with certified copies of the hydrostatic tests and physical test of all metals used in the manufacture of the valves. Detail prints shall be furnished on all valves. Butterfly valves shall be Mueller Model Series 3211 or M&H Model Series 4500/1450. W.14.3 Distribution System and Fire Hydrants Lead Valves: All hydrants lead valves and distribution system valves through twelve inches (12") in size shall be full opening, from body, non-rising stem, resilient seated wedge type valves equal or exceed applicable AWWA Standards, C509. They shall be so designed that a complete ZERO leakage shutdown may be effected with flow in either direction at pressures of up to 200 psi, which shall be the working water pressure rating of the valves. When fully opened, valves shall have a smooth, unobstructed waterway. All internal ferrous metal surfaces shall have an approved epoxy coating to provide a corrosion resistant barrier between the base metal and the surroundings. The epoxy coating shall be applied holiday free to a thickness of not less than 4 mils, shall be nontoxic after application and impart no taste to water. Valves shall have two (2) or more.."0"-ring stem seals. The stem shall have the thrust collar and bearing surfaces isolated from the waterway and provided with continuous lubrication, or it shall be provided with non-corrosive thrust bearings above and/or below the thrust collar. They shall be capable of being repacked in the fully open position, under pressure as stipulated in paragraph 16.5, AWWA C500. Valves shall have flanged or mechanical joint ends. Bell and spigot pipe will use valves with Class °D"bells conforming to the Standard Specifications for Cast Iron Pressure Fittings, AWWA C-100, or a mechanical joint casting conforming to American National Standard Specifications for a mechanical joint for Cast Iron Pressure Pipe and Fittings, ANSI A21.11 (AWWA C-111). Flanged pipe will use valves with flanged ends conforming to ANSI B 16.11 Class 125). All valves shall open by turning left and shall have a two-inch (2") square nut or be hand wheel operated as shown on the plans. Contractors or suppliers shall furnish a detailed drawing that lists applicable ASTM numbers of all components. All valves shall have nitrile, Buna-S, or EPDM or Urethane rubber seating materials. All valves shall have high strength NDZ Bronze stem. All bonnet bolts and nuts, "0"-ring plate bolts and nuts shall be stainless steel. All tapping sleeve bolts and mechanical joint bolts for valves shall be Cor-ten or approved other. W.14.4 Air Release Valves,Air/Vacuum Valves: Air release valves, when shown on the plans or required, shall be the float and lever type, as is manufactured by the GA Industries, Inc., or approved other, or the air/vacuum type as is W-25 manufactured by the GA Industries, Inc., or approved other. The inlet ends will be screwed for two-inch (2") and smaller, and flanged for three inches (3")and larger. Valves shall be equipped with a regulated closure device to prevent the valve from being slammed shut. W.14.5 Installation of Gate Valves: All valves shall be installed as shown on the plans. For each gate valve the Contractor shall furnish and install a valve box pad. Valve boxes shall be three (3) piece screw type cast iron of the extension type and shall be similar to Mueller No. H-10360 or an approved other. The three (3) pieces shall consist of the top section, bottom section and cover. Extensions shall be provided as required. For three-inch (3") and smaller valves Mueller No. H-10366 or approved other will be acceptable. For fourteen- inch (14") and sixteen-inch (16") valves Mueller No. H-10357 with No. 160 base or approved other shall be furnished and installed. For sixteen-inch (16") and larger valves, manholes may be required as specified on the plans. Valves shall be carefully handled and lowered into position in such a manner as to prevent damage to any parts of the valve. Valves shall be placed in such positions as indicated on the plans with the stem in a vertical position and securely held until all connections have been made. Gate valves and pipe fittings shall be set and jointed to new pipe in the manner herein specified for cleaning, laying, and jointing pipe. Hub ended valves shall be jointed to pipe only with lead joints. Flanged and mechanical joint valves will be preferred where suitable. Cast iron valve boxes shall be firmly supported and maintained centered and plum over the wrench nut of the gate valve. The box cover shall be set flush with the surface of the ground or at such other level as may be directed. Concrete blocks shall be constructed around the top of the valve box. The concrete block shall be six inches (6") thick, by twenty-four inches (24") square outside dimensions 3000 psi strength concrete. All settlement shall have occurred or be obtained prior to the placement of the concrete block. The top of the valve box shall be flush with the finished grade of the concrete block and the surrounding terrain. All valves shall be marked with a saw on the curb or pavement with "V". The "V" shall point to the location of the valve as follows: If the valve is in the paving, the"V"shall be marked upright; if the valve is outside the paving, the"V"shall be marked upside down. W.15 FIRE HYDRANTS: Fire hydrants, when required and when shown on the plans, shall conform strictly to AWWA Specifications C-502, Fire Hydrants for Ordinary Water Works Service, with the following supplementary details and changes or additions. A. Fire hydrants shall meet the requirements of the Texas Fire Insurance Division of the State Board of Insurance Commissioners. B. Type of shut-off may be compression type with the flow. C. Unless otherwise ordered inlet connection shall be six-inch (6") standard mechanical Joint hub, complete with all joint accessories. Inlet valve shall have not less than a five and one- W-26 quarter inch (5-1/4") opening. Hydrant barrel I.D. shall not be less than seven and one- quarter inches (7-1/4"). D. All hydrants shall be equipped with two (2) hose nozzles and one (1) steamer nozzle. The hose nozzles shall be two and one-half inches (2-1/2") nominal I.D. National Standard Thread. Pumper nozzle shall be four inches (4-1/2") nominal I.D. National Standard Thread. All nozzles shall be mechanically attached with a Storz unit which includes a cap. E. Unless otherwise approved, hydrants shall be furnished for a five-foot(5') depth of bury. F. One extension up to a four-foot (4) extension shall be permitted. Anything requiring more than a four-foot(4�extension will require a special order fire hydrant. G. Concrete pad twenty-four inch (24'� square shall be poured around all fire hydrants. Concrete shall be 3000 psi, six-inch (6'�thick with four(4) #3 bars. H. Positive operating drain valve or valves shall be provided to drain the hydrant properly. The seat of the drain valve shall be bronze (or other corrosion-resistant material), fastened securely to the hydrant. Stem threads shall be sealed away from water. I. All fire hydrants shall open by turning to the left(counter-clockwise). J. All fire hydrants shall be painted with two (2) coats of Tnemec Series 43-38H Diffused Aluminum, Silver Paint over one (1)shop coat of red lead paint. K. When a color code other than aluminum is required the top bonnet, including the lip and all nozzle caps shall be painted the appropriate color. Water Main Size: 6"-Tnemec Series 2H Hi-Build Tneme-Gloss, Chilean Red; 8"-Tnemec Series 2H Hi-Build Tneme-Gloss,True Blue Safety and for 12"&larger mains-Tnemec Series 2H Hi-Build Tneme-Gloss, Safety Yellow. L. Hydrants shall be of the breakable type, designed to break approximately three inches (3"), but not over five inches (5") above the ground line. These parts shall be of the breakable flange type, or breakaway lug. Breakable flanges screwed to the standpipe are not acceptable. Flanges shall be so designed that an end wrench can be used on the nuts and bolts. Provision shall be made in the design of the stem to disconnect the stem from the hydrant parts above the standpipe break-point in the event of a traffic accident. If breakable or sleeve type couplings are used, they shall have sufficient torsional strength such that a torsional failure of the stem will occur at some point other than at the coupling. Design of the coupling shall be such that when the coupling is broken no parts will come loose and fall into the hydrant, and the break will not occur through the pins or bolts holding the coupling to the stem. M. All hydrants shall be capable of being extended to accommodate future grade changes. N. Main valve seats on compression type hydrants closing with the flow shall be of such design that incorrect positioning is impossible and that the threads will be adequately guided into position. Arrangements shall also be made to hold the main valve gasket in place during assembly. Stainless steel bolts shall be furnished on the lower barrel to shoe connection. O. Gaskets furnished for ground line flanges shall be full face or shall be recessed to hold the gasket in place. P. "O"-rings may be furnished in lieu of packing. They shall be the double "O"-ring type, designed so that the rubber rings move against a bronze surface. All hydrants must have W-27 travel stop device. Those using stem nut must be capable of being removed without any special tools. Any packing gland nut must be bronze. Q. Hydrants must be so constructed that the nozzle may be faced in any direction and located eighteen inches(18")from ground line. R. Each hydrant must have a sealed oil reservoir to provide positive lubrication of stem threads and bearing surfaces each time the hydrant is operated or shall be provided with a lifetime lubrication system contained in a grease chamber filled with an all temperature (-50°F to +125°F)grease. Addition of lubricant shall be through either an alien screw, a grease fitting or a flat head screw. Parts removal will not be acceptable. S. All hydrants must be equipped with a weather cap to prevent water from entering the bonnet. T. Each hydrant shall have a 4 mil epoxy coating on the interior of the shoe. U. Fire Hydrants shall be Kennedy K81-D or American Flow Control (Waterous) Traffic Model #WB-67-250. Iron or steel stems shall have bronze or stainless steel metal sleeve where passing through stuffing box or "O"-rings. Operating threads must be sealed against contact with the water at all times regardless of open or closed position of the main valve. V. The hydrants shall close with the pressure and shall have either a bronze cap not to seal the bottom end of stem threads against contact with water, or the stem shall not penetrate the lower valve plate. W. A Blue Stimsonite, Fire-Lite reflector model 88-SSA (or approved other) shall be placed just off center of the street or fire lane opposite fire hydrants. At intersections, reflectors shall be placed on both roadways opposite fire hydrant. W.15.1 Fire Hydrant Installation: Fire hydrants shall be located as shown on the plans or as directed by the Engineer and shall be set truly vertical with the base resting upon a 3000 psi concrete slab six inches (6") thick with four(4) #3 bars and approximately twenty-four inches (24")square. Pipe joints shall be made as specified for pipe laying. The hydrants shall be carefully and substantially blocked against firm trench walls with sound stone, sound slabs of or 3000 psi concrete, but no additional pay will be allowed for same. W.16 SERVICE CONNECTIONS: Water service connections shall be made by tapping the mains at specific points as designated by the Engineer. Service taps shall be made after the mains have been laid. The work shall be done by experienced workmen with suitable tapping machine and tools. A tapping saddle shall be used to connect service lines to pipe mains. To give ample space for expansion, the copper service pipe shall be connected to the corporation cock at the main and laid in the trench so that the service pipe will weave from one side of the trench to the other side of the trench and back in a distance of ten feet (10'). The service pipe shall be placed at a minimum depth of twenty-four inches (24") under the finished grade except where the service pipe shall pass under the curb. At this point the service pipe shall be a minimum of twenty-four inches (24") under the top of the curb or a minimum of six inches (6") under the bottom of the curb and gutter section, or lime stabilized subgrade whichever is greater. Excessive bending of the pipe, which will injure or reduce the cross sectional area of the pipe,will not be permitted. W-28 The length of the service line shall extend from the main to a point two feet (2') back of the street curb at a depth of twelve inches (12'� where curb exists or to the property line if no curb exists, unless shown otherwise on plans. Line shall be continuous with no fittings under paving. If there is a curb, the curb shall be sawcut with "I" in good quality blue paint at the point where the service pipe passes the curb. All water line services shall be located 2 feet from property lines. All services shall be 1"or larger as shown on the engineering drawings. The subdivision plans shall be revised to indicate water service location as installed and shall indicate field measurement on ties to at least one (1) property corner. W.16.1 Service Materials: The service pipe shall be minimum one inch (1'� or larger as shown on the engineering drawings for all residential properties and located two feet off the property line. Poly pipe, and shall conform to A.S.T.M. D2737 working pressure of 200 psi at 23 C,SDR 9, AWWA C901. Service materials shall be as shown in the following table: TABLE - SERVICE MATERIALS Part I Size I Manufacturer/Model # Ford Cambridge A.Y. McDonald CC PLUG 3/4" ( F1000-3 302-A3H3 I 4701T/4701-22 (AWWA 1" F1000-4 ( 302-A4H4 4701T/4701-22 TAPER X 1-1/2" ( N/A N/A 4701T/4701-22 COMP) 2" N/A N/A 4701T/4701-22 CC BALL 3/4" FB1000-3 301-A3H3 4701BT/4701B-22 (AWWA 1" FB1000-4 301-A4H4 4701BT/4701B-22 TAPER X 1-112" FB1000-6 301-A6116 4701BT/4701B-22 COMP) 2" ( FB1000-7 301-A7H7 4701BT/4701B-22 ANGLE VALVE 3/4" BA43-333W 210-H3T3 4602BT/4602B-22 (COMP X 1" BA43-444W 210-H4T4 4602BT/4602B-22 METER 1-1/2" FV43-666W N/A 4602BT/4602B-22 TAIL OR FL) 2" FV43-777W N/A 4602BT/4602B-22 CC TAP. SAD. ( 4-12" 202B (4-30") N/A 3825 Sand embedment shall be used around the pipe,gravel shall be used around the corporation stop with minimum 3 inches under the meter. Water meter boxes shall be furnished and set on each service. One-inch (1'� water meter boxes shall be DFW Plastics Model # DFW-16 AMR with a 1600 AMR Bloc solid lid or approved equal. One and a half-inch (11/2' and two-inch (2') meter boxes shall be DFW Plastics Model # DFW- 65C Black or approved other. All meter boxes shall have AMR slide mount molded or screwed in to the lid. All domestic water meters greater than two-inch (2'), shall be installed in a vault as per Standard Construction Detail W15. W-29 r OR W.17 CLEAN-UP: During construction the Contractor shall maintain the premises in an orderly, neat, and presentable manner. Scraps and debris shall not be left scattered but shall be assembled together and such as are unusable shall be moved from the premises or disposed of to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before final acceptance by the Owner. This cleanup shall include among other things, left over construction materials, equipment, scraps, removal of all objectionable rocks, pieces of concrete, and other debris. Earthwork shall be smoothed and graded to the lines shown on the plans. Backfill over all trenches shall be left in a uniform and neat condition. Disposal is not to be made on adjacent private or public property without written permission filed with the Engineer. If permission is granted by the property owners, the material so disposed of is to be leveled and left in a condition satisfactory to the Engineer. W.18 STERILIZATION OF WATER MAINS: During the construction operations workmen shall be required to use utmost care to see that parts of the structures, inside of pipes, fittings, jointing materials, valves, etc., the surface of which come in contact with Owner's water are maintained in a sanitary condition. Every effort must be made to keep the inside of the pipe, fittings, and valves free of all foreign matter, sticks, dirt, rocks, etc. As each joint of pipe is being laid it must be effectively swabbed so that all foreign matter is removed. All fittings and exposed open ends of pipe must be blocked or capped until the line is completed. Prior to any sterilization, pressure testing or flushing a Testing Program will be submitted to the Town showing total footage of pipe to be tested, locations of blow offs and designating sample locations to be used. Test locations will be clearly marked and numbered using half sized drawings of the proposed improvements. The line shall be flushed out, completely replacing its entire volume with water from the Owner's mains. Once the line has been filled, all flushing is required to be metered, and paid for by the contractor at the current residential rate. Meters will be installed by the Town on blow offs as shown on the Testing Program. There will be a charge of $25.00 for each 1" meter set and normal rates deposits will apply for moving fire hydrant meters. B. Chlorine will be injected into the section of line being sterilized so that its entire capacity will be filled with water containing chlorine in the amount of fifty (50) p.p.m. or in such other quantity as determined by the Engineer. The sterilizing agent shall be introduced at one end of the section and the water released from the opposite end until the sterilizing agent is present at the discharge end in such quantity as to indicate a residual-chlorine of fifty (50) p.p.m. or as otherwise determined by the Engineer. All valves shall then be closed and the sterilizing solution permitted to remain in the pipe line section for not less than twenty-four (24) hours. C. At the end of the sterilizing period the sterilizing solution shall be discharged from the pipe and replaced with water direct from a main of the Owner. W-30 D. A sample of water from the sterilized main shall be taken from a suitable tap under the supervision of the Engineer or his Inspector and submitted to a TCEQ approved testing laboratory. If the test shows a satisfactory quality of water, the line so sterilized shall then be placed in service by the Contractor who shall notify the Water Superintendent and assist the Water Superintendent in location and operation of all valves installed by the Contractor. If the sample shows unsatisfactory quality of water, the process of sterilization shall be repeated until satisfactory water is obtained. The lines shall be disinfected in accordance with AWWA C651, latest revision thereof. E. Sterilization of the line or any section thereof shall not be commenced until the Engineer's approval of the method, apparatus, sterilizing agent, and the section of the line has been obtained. G. Test samples will be done to meet the TECQ requirements and test stations will be the contractor's responsibility. When additional taps are required to meet sampling frequency the contractor shall submit his procedure for the Towns approval. Samples will be taken at 1,000 If and with the Towns inspector present. Samples will be wrapped by the Town's Inspector with tamper proof tape prior to leaving the construction site. W.19 INSPECTION AND TESTS: Tests and inspection will be made on the entire project by sections designed by the Engineer to ascertain that the main is in an acceptable condition to perform the function for which it was designed and constructed. The City will furnish the Inspector to observe the construction of the project on a routine basis, No final acceptance will be given until the entire project has been completed; including all tests conducted and passed as may be required. W.19.1 Inspection—General: During the process of unloading, all pipe and accessories shall be inspected by the Contractor for loss or damage in transit. No shipment shall be accepted by the Contractor until notation of any lost or damaged material shall have been placed on the bill of lading by the agent of the carrier. All pipe and accessories shall be laid, jointed, tested for defects and for leakage with pressure, and chlorinated in the manner herein specified in the presence of the Engineer or his authorized Inspector and subject to their approval. All material found during the progress of the work to have cracks, flaws, or other defects will be rejected by the Engineer, and the Contractor shall promptly remove from the site of the work such defective material. The Contractor shall be responsible for all material furnished to him or by him and shall replace at his own expense all such material that is found to be defective in manufacturing or that has become damaged in handling after delivery by the manufacturer. The Contractor shall be responsible for the safe storage of material furnished by or to him until it has been incorporated in the completed project. W-31 Pipe fittings, valves, and other accessories shall be unloaded at the point of delivery, hauled to, and distributed at the site of the project by the Contractor. They shall, at all times, be handled with care to avoid damage. In loading and unloading they shall be lifted by hoists, slid or rolled on skidways in such a manner as to avoid shock. Under no circumstances shall they be dropped. Pipe handled on skidways must not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Pipe shall be handled in such a manner that a minimum amount of damage to the coating will result. Damaged coating shall be replaced in a manner satisfactory to the Engineer. Pipes shall be placed on the site of the work parallel with the trench alignment and with bell ends facing the direction on which the work will proceed unless otherwise directed. The interior of all pipe, fittings, and other accessories shall be kept free from dirt and foreign matter at all times. W.19.2 Visual Inspection: During the course of the construction, the Inspector will make continuous routine inspection to ascertain that the project is being constructed in accordance with the plans and specifications and that the materials are of the type and kinds specified. Upon completion of the project, or part of the project, the Engineer, or his authorized representative (the Inspector) in the company and a representative of the Contractor(usually the job foreman) will make a visual inspection of all the project, or a part of the completed project, checking the following items: A. Verify that all ditches are properly backfilled and compacted to these specifications. B. Verify that all lines are loaded and pressurized from the Owner's system. Blow all fire hydrants and test coppers to bleed off air and to flush out lines. Large leaks should show at this stage. C. Check all valves for location of vertical stacks on valve stems and uncover if found buried to verify if the valves are operable and to determine whether they are open or closed and that they cannot circulate into lines that are in service. No bells are allowed on the vertical stacks. Old valves being replaced must be checked before use to ascertain that they do not leak more than the allowable, as established in AWWA C500. D. Locate and uncover all chlorination and test coppers. E. Verify that full pressure has been left on all lines after loading. F. Verify that all special structures, such as bored or tunnelled section, manhole or access to the encasement pipe, are properly constructed and ready for the hydrostatic test. On all flexible pipe check to verify that deflection does not exceed the allowable for the materials. G. When the above items have been checked, and corrections made, if any, the Inspector will notify that the hydrostatic test can be made and the Contractor shall proceed to make the test. W-32 W.19.3 Hydrostatic Test: Before being accepted, all ductile iron, and polyvinyl chloride pipe lines constructed under this contract shall be tested with a hydraulic test pressure of 200 psi, maintained over a period of three (3) hours. Concrete pressure pipe shall be tested with a hydraulic test pressure of one- hundred twenty percent(120%)of the design pressure. Please see W.18 for the testing program. After the pipe has been laid and backfilled but prior to replacement of pavement each valved section of newly laid pipe shall be subjected to a hydrostatic pressure test. For any section being tested the pressure applied shall be such that at the lowest point in the section the pressure shall be a minimum 200 psi Adjustment as required shall be made for differential in elevation between the low point of the section being tested and the centerline of the pressure test gauge. Each valved section of pipe shall be slowly filled with water, and the specified test pressure, measured to the point of lowest elevation shall be supplied by means of a pump connected to the pipe in a satisfactory manner. The pump, pipe connection, and all necessary apparatus including gauges and meters shall be furnished by the Contractor. The Owner will furnish water for filling lines once through existing mains. All water discharge for filling the line will be monitored by use of meters.The duration of each pressure test shall be three (3) hours. Before applying the specified test pressure all air shall be expelled from the pipe. To accomplish this taps shall be made, if necessary, at the points of highest elevation and afterwards tightly plugged. At intervals during the test the entire route of the pipe line shall be inspected to locate any leaks or breaks. Any defective joints, cracked or defective pipe, fittings, or valves discovered in consequence of this pressure test shall be removed and replaced with sound material in the manner provided, and the test shall be repeated until satisfactory results are obtained. No pipe installation will be accepted until the leakage is less than a rate equal to twenty-five (25) gallons per inch of nominal diameter per mile of pipe over a twenty-four (24) hour period. Factors for leakage are shown on the following table: TABLE—LOSS BASED ON 24 HOUR TEST AND 25 GALLON LIMIT Pipe Diameter Loss Factor(Gallonsl D (Inches) 6 0.00355(L) 8 0.00473(L) 12 0.00710(L) 16 0.00947(L) 18 0.01065(L) 20 0.01184(L) 24 0.01420(L) 30 0.01776(L) 36 0.02131(L) 48 0.02841(L) W-33 Should any test of pipe in place disclose leakage greater than that specified, the Contractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allowance. Leakage is defined as the quantity of water supplied into the newly laid pipe, or any valved section of it, necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. W.19.4 Compaction Test: Frequency of tests shall not be less than one (1) for any pipe section and every three hundred linear feet(300 linear feet of main pipe per two feet (2� of lift until final grade, starting at two feet (2� above the top of pipe. Water services are to be tested at a rate of one (1) for every six (6) services which cross the proposed right of way or every three hundred linear feet (300 of water service installed. Every other fire hydrant lead that cross the existing or proposed street, alley, or firelane subgrade shall also receive at least one set of density tests. All ditches shall be mechanically tamped and compacted to ninety-five percent (95%) Standard Proctor Density at zero percent (0%) to four percent (4%) above optimum moisture. Water jetting is not permitted. If there is any doubt in the opinion of the Engineer that the compaction requirements as stipulated have not been met, then the Engineer may order such Density Test made by a soils engineering firm at the expense of the Owner. If these tests prove that the backfill is not of sufficient compaction, then the Contractor will be required to remove the backfill and replace the backfill properly compacted to obtain the value required or re-compact to secure the compaction required. If a retest indicates that compaction is not satisfactory, the retest will be at the Contractor's expense. W.20 MEASUREMENT AND PAYMENT: The bid items include the work of every nature required for the completion of the job in every respect except as may be otherwise provided for in these specifications. The Contractor shall include the furnishing of all materials and labor, including any incidental labor, in his bid prices. Trenching and Backfill: A. Trench excavation for water mains will not be paid for directly but will be included in the price bid per linear foot for the various sizes of water pipe. B. Unclassified excavation is not a pay item and will not be paid for directly but shall be included in such other items as are provided. C. Payment for all special excavation, if applicable, will be in addition to the price bid for pipe line in normal excavation and will be per linear foot of trench or special excavation. D. Sheathing left in place will be paid for by the cubic yard in place, per M.C.B.M. E. Backfilling will not be paid for directly but will be included in the unit price bid per linear foot for the various sizes of pipe. Fifteen percent (15%) of the price bid for water mains complete in place may be withheld for incomplete or unacceptable backfill. W-34 F. Gravel cushion, granular backfill, concrete cushion, and concrete encasement shall be paid for at the unit bid price per cubic yard in place in the fill, unless shown on the plans to be included in other items of construction on the project. G. Tunneling, boring, and/or jacking shall be paid for at the unit bid price per linear foot. Where casing is required to be placed by tunneling, boring or jacking, the casing and furnishing the casing complete in place and will be paid for at the unit bid price per linear foot. H. Casing of water pipe shall be paid for at the unit bid price linear foot in place if placed in open cut. If in tunnel or by boring or jacking see above. I. Concrete encasement measurement and payment will be made by the cubic yard in place. J. The minimum width of asphalt pavement replacement will be as follows for the size pipe shown as installed. All pavement replacement outside these limits will be at the Contractor's expense. MINIMUM WIDTH FOR ASPHALT Pipe Diameter Pavement Replacement D (Inches) (Inches) 2 30 4 36 6 36 8 42 10 44 12 46 16 and above Pipe O.D. + 30 Pipe: Pipe will be measured from center of fitting to center of fitting or end of pipe without any deduction for the length of intermediate fittings or valves. Payment will be made at the price bid per foot for furnishing and installing pipe, which bid price will include all costs for the complete pipe installation, including trenching and backfill, and shall include all work not otherwise provided for in these specifications. Fittings: Payment for cast iron or ductile iron fittings will be at the unit price per ton bid for such work. This shall include the furnishing and installation of the fitting. This unit price shall also include the cost of concrete backing or blocking or restrained joints. Weight shall be determined from the manufacturer's catalogs. No separate payment will be made for galvanized pipe f=ittings. If mechanical joint fittings are used, payment will be based on weights of mechanical joint fittings and joint accessories. Restrained Joints: No separate payment will be made for restrained joints or fittings, valves, etc. including required joints on straight pipe. W-35 r Concrete Backing: No separate payment will be made for concrete backing or blocking of fittings, valves, etc. The Contractor shall include such costs in the price bid for setting fittings, valves, etc. Polyethylene Encasement: The cost of the polyethylene tube wrap and complete installation shall be included in the unit price bid for the furnishing and the installation of ductile iron pipe, related fittings, and valves. Connections to Existing Mains: Payment for valves, fittings, pipe, etc., will be made at the unit price bid for the various items. No additional payment will be made for"DRY" connections, but a lump sum will be paid for each"WET"connection made as specified in these specifications. Valves and Tapping Sleeves &Valve: Shall be paid for at the unit price bid for each. Price shall include the cost of the valve or tapping sleeve & valve, as well as the valve box and labor complete in place. Fire Hydrants: Payment for the furnishing and installing of fire hydrants will be made at the unit price bid, complete in place. Water Service: Water services will be paid for as a lump sum bid for each water service connection. The lump sum will include tapping the main, furnishing and installing the corporation stop, curb stop, meter box, and the copper service line necessary to meet the specifications. The lump sum bid shall also include all necessary labor and the marking of curb when a curb exists. Sterilizing: No separate payment will be made for sterilizing the main. The cost of such work shall be included in the price bid for pipe in place. Hydrostatic and Compaction Tests: No separate payment will be made for the tests. The cost of the tests shall be included in the bid price for pipe in place. W-36 MR SECTION HM HYDRO MULCH INDEX PARAGRAPH TITLE PAGE HM.] DESCRIPT ION ...............................................................................................HM-1 HM.2 PLANTING SEASON .....................................................................................HM-1 HM.3 MATERIALS ..................................................................................................HM-1 HM.3.1 General.....................................................................................HM-1 TIM.3.2 Turfgrass..................................................................................HM-1 HM.3.3 Fertilizer...................................................................................HM-2 IIM.3.4 Hydro Mulch Materials........................................... HM.3.5 Irrigation..................................................................................HM-3 HM.3 CONSTRUCTION METHODS......................................................................HM-3 HMAHYDRO MULCHING.....................................................................................HM-4 HM.5 PAYMENT......................................................................................................HM-4 HM-i SECTION HM HYDRO MULCH HM.1 DESCRIPTION Seeding shall consist of preparing the ground, providing and planting seed, or a mixture of seed, of the kind specified along and across such areas as may be designated on the plans and in accordance with these Specifications. HM.2 PLANTING SEASON All planting shall be done between the dates specified for each type except when specifically authorized in writing. The seeds planted per acre shall be of a type specified with the mixture, rate and planting dates as follows: • Type I - Bermuda Grass - hulled, eight pounds (3.6kg) - March through September. • Type II - Rye Grass - 35 pounds (I5.9kg) - September through February. • Type III - Bermuda Grass - unhulled - 12 pounds (5.4kg) - September through February. HM.3 MATERIALS HM.3.1 General All seed must meet the requirements of the Texas Seed Law including the labeling requirements of showing pure live seed (PLS), name and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each bag shall be within nine (9) months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate sealed bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. Seed which has become wet, moldy, or otherwise damaged in transit or in storage will not be acceptable. HM.3.2 Turfgrass 1. General. - All material for Turfgrass provided shall be in accordance with these specifications and as noted in the plans and contract documents. HM-1 2. Bermuda Grass Seed. - Turf grass seed shall be "Cynodon Dactylon" (Common Bermuda Grass). The seed shall be harvested within one year prior to planting, free of Johnson grass, field bind weed, dodder seed, and free of other weed seed to the limits allowable under the Federal Seed Act and applicable seed laws. The seed shall to be a mixture. The seed shall be hulled, extra fancy grade, treated with fungicide and have a germination and purity that shall produce, after allowance for Federal Seed Act tolerances, a pure live seed content of not less than 85 percent, using the formula: purity percent time (germination percent times plus hard or sound seed five percent). Seed shall be labeled in accordance with U.S. Department of Agriculture rules and regulations. 3. Certificate Submittal. - Prior to planting, provide the owner with the State of Texas Certificate stating analysis of purity and germination of seed. 4. Rve2rass Seed. - Turfgrass seed shall be "Lolium multiflorum" (Italian or Annual Ryegrass). The seed shall be harvested within one year prior to planting and shall be free of perennial ryegrass seed, other grass seed and weed seed to the limits allowable under the Federal Seed Act and applicable seed laws. Seed shall be at least 95 percent pure and shall have a 90 percent minimum germination rate. 5. Certificate Submittal. - Prior to planting, provide the owner with the State Certificate stating analysis of purity and germination seed. HM.3.3 Fertilizer 1. General. - Fertilizer shall be a commercial product, uniform in composition, free flowing and suitable for application with approved equipment. Fertilizer shall be delivered to the site in fully labeled original containers. Fertilizer which has been exposed to high humidity and moisture, has become caked or otherwise damaged,making it unsuitable for use, shall be rejected. 2. Initial Plantinsz Application. - Fertilizer for the initial planting application shall be of an organic base containing by weight the following (or other approved) percentages of nutrients: 15-10-5 (N-P-K); also containing 10-15 percent sulphate and traces of iron and zinc as required and approved by the owner. Unless otherwise indicated on the plans, the manufacturer's recommendation as to rate of application for type of grass and season shall be followed. 3. Specification Submittal. - Submit a sample label or specification of the fertilizer proposed to be used for the owner's approval. HM-2 4. Post Planting Application. - Fertilizer for the post planting application shall be a chemical base fertilizer containing by weight the following percentages of nutrients:21-0-0 (N-P-K) ammonium sulphate; or the nitrogen equivalent of 33-0-0 ammonium nitrate. Unless otherwise indicated on the plans, the manufacturer's recommendation as to mate of application for type of grass and season shall be followed. 5. Specification Submittal. - Submit a sample label or specification of the fertilizer proposed to be used for the owner's approval. HM.3.4 HYDRO MULCH MATERIALS 1. General. - All mulch shall be manufactured from hardwoods only and shall be refined specifically for lawn hydro-mulch applications. Use "Conwed" or an approved equal. 2. Adhesive Aszents. - Adhesive agent for mulch shall be asphalt conforining to Texas Department of Highways and Public Transportation Designation EA- 11 M. As an option, the following adhesive agent may be substituted for asphalt emulsions as a mulch tacking agent: Ten•a Tack AR or Terra Tack II, as manufactured by Grass Growers, 424 Cottage Place, Plainfield, New Jersey 02060. 3. Application Rate. - Unless otherwise indicated on the plans, the rate of mulch material shall be fifty(50) pounds per thousand (1000) s. HM.3.5 IRRIGATION Water shall be clean and free of industrial wastes and other substances harmful to the growth of grass or the area irrigated. HMA CONSTRUCTION METHODS After the designated areas have been completed to the lines, grades and cross sections shown on the plans and as provided for in other items of this contract, seeding of the type specified shall be performed in accordance with the requirements hereinafter described. 1. Grading - The area to be seeded shall be graded to a point within 1/10 of a foot of final grade, minimum. The area shall then be fine-graded to a smooth and even condition. All rocks, debris, clods, etc. will be removed, from any disturbed area, for a depth of 3". Any undulations or irregularities in the surface shall be leveled out before hydro mulching. HM-3 I', 2. Watering. - Seeded areas shall be watered as directed by the owner so as to prevent washing of the slopes or dislodgement of the seed. 3. Finishing. - Where applicable, the shoulders, slopes and ditches shall be smoothed after seedbed preparation has been completed and shaped to conform to the cross section previously provided and existing at the time planting operations were begun. HM.S HYDRO MULCHING Seed or seed mixture, in the quantity specified, shall be uniformly distributed over the areas shown on the plans or where directed. Seed and fertilizer are to be distributed as a water slurry, and the mixture shall be applied to that area to be seeded within 30 minutes after all components are placed in the equipment. Fertilizer shall conform to the requirements of Item SE.3.3, "Fertilizer." After planting, the seed shall be raked or harrowed into the soil to a depth of approximately 1/4 inch (6min). The planted area shall then be rolled with a smooth roller, developing 15 to 25 psi (100 to 170 kPa) contact pressure upon the planted surface area and giving a smooth surface without ruts or tracks. After compacting is completed, the planted area shall be watered sufficiently to assure uniform moisture from the surface to a minimum of six inches (150nun) in depth. HM.6 PAYMENT Payment for seeding (hydro mulching) shall be a lump sum price as outlined in the Specifications. HM-4