AGH Engineering _ Surveying by wuyunqing

VIEWS: 2 PAGES: 274

									      34th Year CDBG Project – West 4th Street, West Washington Street and Hauff Lane


BID NO.: SDW-20-0210




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                   P.O. BOX 4180 Brownsville, Texas 78523-4180   6305 Paredes Line Road 78526
                   Tel. (956) 574-8300                                    Fax. (956) 574-8305
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                               TABLE OF CONTENTS
SECTION                                             PAGE NO(s).
Invitation for Bids                                     31 Pages
Texas Workers Compensation                               8 Pages
General Conditions                                   GC-1-GC-39
Supplemental Conditions                            SGC-1-SGC-13
Federal Standard Provision.                              4 Pages
Equal Opportunity Certification                    EEQ-1-EEQ_2
Certification of Segregated Facilities              CRS-1-CRS-2
Contractor Certification                              CC-1-CC-2
Supervisor Certificate from Contractor                    SPE-1
Permissable Payroll Deduction                            PPD_1
Contractor Section 3 Plan                                 CS3-1
Estimated Project Workforce                              EPW-1
DBE Certification                                        2 Pages
Bid for Unit Price Contracts                            B-1-B-9
Agreement                                            AG-1-AG-3
Ethics Form                                           EF-1-EF-2
Bid-Bond Payment                                           BB-1
Contractor’s Fee Disclosure Statement                    7 Pages
Notice of Award                                           NA-1
Acceptance of Notice                                      NA-2
Bonding and Insurance Requirements                        BIR-1
Notice to Proceed                                          NP-1
Performance Bond                                      PB-1-PB-2
Payment Bond                                          PY-1-PY-2
Certificate of Insurance and Power of Attorney         CI-1-C-2
Affidavit of Bills Paid                            ABP-1-ABP-2
Technical Specifications (see Index)
City of Brownsville
Purchasing & Contract Services Department




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       1st MANDADORY PRE-BID MEETING DATE: February 04, 2010
                   PRE- BID MEETING TIME: 10:00 a.m.
               At Purchasing Department - Conference Room


       2nd MANDADORY PRE-BID MEETING DATE: February 11, 2010
                  PRE- BID MEETING TIME: 10:00 a.m.
              At Purchasing Department - Conference Room


    BID DUE DATE: February 18, 2010
BID DUE TIME: 4:00 P. M.
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For any clarifications, please contact Mr. Roberto C. Luna, Purchasing Director, at the City of
Brownsville Purchasing & Contract Services Department at (956) 548-6081 or e-mail:
purchasing@cob.us.

Please fax or mail this page upon receipt of I.F.B. package no later than January 18, 2010, before 4:00
p.m. CST.

Fax: (956) 546-2711
If you are unable to respond on this item, kindly indicate your reason for
“Not Responding” below and fax back. This will insure you remain active on our vendor list.

Date: _____________

( ) Yes, I will be able to submit a Proposal.

( ) No, I will not be able to submit a Proposal for the following reason:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Name:        ____________________________

Company:     ____________________________

Phone #: __________________________         Fax #: _______________________

E-mail address: ____________________________________________________

PLEASE NOTE:

Please take a moment to register your Company with the City of Brownsville Purchasing
Department or update your registration on our new form at the following web site address:
http://www.cob.us/purchasing/
                                MISCELLANEOUS

Point of Contact.
For information regarding bidding procedures contact Mr. Roberto C. Luna, Purchasing
Director, (956) 548-6081.

TERMINATION BY THE CITY - The City of Brownsville reserves the right of unilateral
termination of the contract by providing a thirty (30) day written notice of such intent.

Forms. Enclosed you will find a Disclosure of Interests Form and a Statement of Non-
Collusion. Fill-in both forms and return with your bid.

      DISCLOSURE OF INTEREST FORM - Please complete the attached Disclosure
      of Interest form and submit with your bid proposal.
      STATEMENT OF NON-COLLUSION FORM - Enclosed is a Statement of Non-
      Collusion, which must be completed by the vendor and submitted with the bid.

      CERTIFICATION FORM - Compliance with requirements for the participation of
      DBE’s/ Debarment, Suspension, and other ineligibility and voluntary exclusion
      lower tier covered transactions/ Certification regarding restrictions on lobbying.


ADDENDA
The following Addenda have been received. The modifications to the Contract
Documents noted therein have been considered and all costs thereto are included in the
Bid Price.
      Addendum No.                Dated
      Addendum No.                Dated
      Addendum No.                Dated
                                     BID OPENING DATE

      The public bid opening shall be held on February 18, 2010 at 4:00 P.M., in the
      Purchasing/Contracting Office. Said office is located at City Hall, 1001 E. Elizabeth St.,
      1st Floor, Suite No. 101, Brownsville, Texas

      Mark Envelope:




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Bid Opening Date: February 18, 2010
                               Bid Opening Time: 4:00 p.m.

      Telegraphic bids will not be considered.

      Bids may not be withdrawn after the bid opening.

     The City of Brownsville reserves the right to reject any and all bids.

     BASIS OF BID AWARD – The contract will be awarded to the responsible and
     responsive bidder meeting the specifications and having the lowest possible unit price of
     the Bid, consistent with the quality needed for effective use. All prices quoted will be firm.
     Award to successful bidder will be made by Commission action.

     This is a proposed Public Works Contract, and Chapter §2258 of the Texas Government
     Code and City of Brownsville policy requires that the contractor pay wages of the greater
     of $8.50 per hour as per Resolution # 2009-0018 and the prevailing wage rate for work of
     a similar character in this locality. (See Chapter 2258 included with the specs)
                           s
     A certified or cashier' Check or an original Bid Proposal Guaranty issued by a corporate
     surety company licensed to do business in the State of Texas and payable to the order of
     the City of Brownsville, Texas, in an amount not less than five percent (5%) of the greatest
     total amount of the Bid Proposal, must accompany each Bid as a guarantee that if
     awarded the Contract, the successful Bidder will promptly enter into a Contract and
     execute payment and performance bonds as outlined in the specification and Contract
     Documents.

     A Performance Bond, in an amount of not less than one hundred percent (100%) of the
     Contract Price, conditioned upon the faithful performance of the Contract; a Payment
     Bond, as required by Chapter §2253 of the Texas Government Code, guaranteeing the
     payment of all persons supplying labor and furnishing materials; and an Extended
     Warranty Bond, either by separate instrument or incorporated in the foregoing bonds, will
     be required. Payment and performance bonds provided to the City of Brownsville for these
     purposes are required to conform with Article 7.19-1 of the Texas Insurance Code. To that
     end, all bonds provided (i) must be executed by a surety company holding a certificate of
 authority from the United States secretary of the treasury to qualify on obligations
 permitted or required under federal law–or- (ii) must be provided by a surety company that
 is covered by reinsurance for any liability in excess of $100,000.00 from a reinsurer
 authorized and admitted as a reinsurer in Texas holding a certificate of authority from the
 United States secretary of the treasury to qualify on obligations permitted or required under
 federal law. (See Chapter 2253 – Performance and Payment Bond)

 A. A listing on the Department of the Treasury Listing of Approved Sureties on the date of
 bond issuance shall be sufficient proof of the aforesaid certificate of authority.

 B. A copy of the reinsurance contract(s) with accompanying cover letter with original
 signature shall be sufficient proof of the aforesaid reinsurance.

 Contractor shall provide either a copy of the list as described in “A.” above, or the contract(s)
 and letter described in “B.” above, together with the payment and performance bonds.
 Bid Bonds, Performance Bonds, Payment Bonds, and Extended Warranty Bonds issued
 by a corporate surety company not licensed to do business in the State of Texas will not
 be accepted.
  INDEMNIFICATION
BIDDER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, the CITY and the
elected officials, employees, officers, directors, volunteers and representatives of the CITY, individually and
collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines,
penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including
but not limited to, personal or bodily injury, death and property damage, made upon the CITY directly or
indirectly arising out of, resulting from or related to BIDDER’S activities under this contract, including any acts or
omissions of BIDDER, any agent, officer, director, representative, employee, consultant or subcontractor of BIDDER,
and their respective officers, agents employees, directors and representatives while in the exercise of the
rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not
apply to any liability resulting from the negligence of CITY, its officers or employees, in instances where such
negligence causes personal injury, death, or property damage. IN THE EVENT BIDDER AND CITY ARE
FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS FOR THE STATE OF TEXAS,
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER
TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.

The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
BIDDER shall advise the CITY in writing within 24 hours of any claim or demand against the
                                                                          s
CITY or BIDDER known to BIDDER related to or arising out of BIDDER' activities under this
contract, and shall see to the investigation and defense of such claim or demand at
          s
BIDDER' cost. The CITY shall have the right, at its option and at its own expense, to
participate in such defense without relieving BIDDER of any of its obligations under this
paragraph.




CHANGE ORDERS

 No oral statement of any person shall modify or otherwise change, or affect the terms,
 conditions or specifications stated in the resulting contract. All change orders will be made
 in writing by the City of Brownsville Purchasing & Contract Services Department.
Restrictions on Lobbying Activity
A. Prohibited Contacts During Contract Evaluation
A vendor/contractor or a vendor’s/contractor’s agent/representative is prohibited from
contacting city officials, including elected officials, and employees regarding a proposed
contract from the time a Request for Proposal (RFP), a Request for Statements of
Qualifications (RFQ-SOQ), a Bid Solicitation (IFB) or other solicitation has been released until
the contract has been acted on by the City Commission. If contact is required, such contact
will be done in accordance with procedures incorporated into the solicitation document.
Violation of this provision by contractors, respondents or their agents, including lobbyists, may
lead to disqualification of the respondent’s offer.
B. A Lobbyists or Vendor/ Contractor May Not Place City Official Under Personal
Obligation
A Lobbyist or a Vendor/Contractor or any of their agents may not do any act or refrain from any
act for the express purpose and intent of placing any city official under personal obligation to
the Lobbyist or Vendor/ Contractor.
C. False Statements
A lobbyist or the vendor/contractor or any of their agents/representatives cannot intentionally
or knowingly make any false or misleading statement of fact to any city official, or cause a copy
of a document with false information to be received by an official without notifying the official in
writing of the truth. Likewise, a registrant who learns that a statement in a registration form or
activity report during the previous 3 years is false must correct that statement within 30 days
by written notification to the Office of the City Secretary.
D. Use of False Identification
A lobbyist or the vendor/contractor or any of their agents/representatives cannot communicate
with a city official in the name of any fictitious person or in the name of any real person, without
that person’s consent.
E. Improper Influence
A lobbyist or the vendor/contractor or any of their agents/representatives cannot cause or
influence the introduction of any ordinance, resolution, appeal, application, petition,
nomination, or amendment for the purpose of later being employed as a lobbyist to secure its
granting, denial, confirmation, rejection, passage, or defeat.
F. Improper Representation
A lobbyist or the vendor/contractor or any of their agents/representatives cannot represent that
the person can control or obtain the vote or action of any city official.




1 City Official – the Mayor, members of the City Commission, City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judge of the City of
Brownsville.
Disclosures and Requirements for City Vendors/Contractors

Lobbyists are often retained for the purpose of assisting vendor/contractor seeking to do
business with the city. The standards of conduct applicable to city contractors or other
vendor/contractor of lobbyists are discussed below.

A. Prohibited Contacts During Contract Evaluation

A vendor/contractor or a vendor’s/contractor’s agent is prohibited from lobbying activities with
city officials, including elected officials, and employees regarding a proposed contract from the
time a Request for Proposal (RFP), a Request for statements of Qualifications (RFQ-SOQ), a
Bid Solicitation (IFB) or other solicitation has been released until the contract is posted as a
City Commission agenda item. If contact is required, such contact will be done in accordance
with procedures incorporated into the solicitation document. Violation of this provision by
respondents or their agents, including lobbyists, may lead to disqualification of the
respondent’s offer. There is a parallel no-contact provision for lobbyists and their agents.

B. The City’s Discretionary Contracts Disclosure Form

When seeking a discretionary1[2] city contract, the contractor must submit a form disclosing:

       the identity of all parties to the contract;
       subcontractors;
       partners, parent or subsidiary business entities of any party to the contract;
       any lobbyist or public relations firm that has been employed for a purpose related to the
       contract.

The vendor/contractor must also disclose all political contributions2[3] totaling more than $100
made by the parties or the other individuals or entities listed on the form made directly or
indirectly to:

        any current or former member of City Commission, including the Mayor;
        any candidate for City Commission, including the Mayor;
        any political action committee (PAC) that contributes to City Commission elections.

Indirect contributions include contributions made by an individual’s spouse or by the officers,
owners, attorneys, or registered lobbyists of the entity.

Indirect contributions do not include contributions by owners of a business entity who hold less than 5%
of the fair market value or voting stock of the entity. If a publicly traded corporation seeks to contract
with the city, it will not be required to list contributions made by its shareholders whose holdings are
less than 5%.
2
  “Discretionary contract” means any contract other than those which by law must be awarded on a low or high qualified bid process. They do not include contracts subject to Section
252.022(a)(7) of the Texas Local Government Code or those contracts not involving an exercise of judgment or choice.
3
    Political contributions include both campaign and officeholder contributions.



C. Chapter 176 of the Local Government Code

Effective January 1, 2006, Chapter 176 of the Local Government Code requires all vendors or
those who seek to contract for the sale or purchase of property, goods, or services with a local
governmental entity to submit a completed “conflict of interest questionnaire” with the Office of
the City Secretary within seven (7) days after the person:

               1) begins contract discussions or negotiations; or

               2) submits an application, response to a request for proposal or bids, correspondence,
                   or another writing related to a potential agreement with the local governmental
                   entity.

The questionnaire requires the vendor/contractor or contract seeker to disclose business or
employment relationships with Commissioners, Mayor and the City Manager. The Texas
Ethics Commission is responsible for drafting the questionnaire and a link to the form on the
Texas Ethics Commission website is posted on the “Forms” page of the city’s ethics webpage.
It is subject to change and anyone subject to the requirement should consult the TEC website
to obtain the most up-to-date form.

Violation of Chapter 176 of the Local Government Code is a class C misdemeanor. Please
consult your own legal counsel for questions about compliance.

D. Political Contribution Prohibition

Any person or company official acting as a legal signatory for a proposed “high-profile” city
contract cannot make a political contribution to any Commissioner or candidate from the time a
Request for Proposal (RFP), Request for Statements of Qualifications (RFQ-SOQ) or Invitation
for Bids (IFB) is issued or from the time negotiations or discussions for a contract for which no
competitive solicitation begins until thirty (30) days after the contract is awarded.

The designation of “high-profile” is assigned in accordance with the City of Brownsville
Purchasing Policy Manual.
4. “High-Profile”- A designation of profile assessment, based on contract value, level of community interest, non-competitive acquisition, and contract complexity.




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                   Notary Public _______________________________




                 My Appointment Expires: ______________________________

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                 GENERAL INFORMATION REQUIRED FROM ALL BIDDERS

The undersigned agrees, if this bid is accepted, to furnish any and all items/materials upon
which prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be thirty (30) calendar days
unless a different period is noted by the bidder.

The undersigned affirms that they have read and do understand the specifications and any
attachments contained in this bid package.


Date: ____________


COMPANY NAME: _________________________________________________

AUTHORIZED
REPRESENTATIVE:________________________________________________

TITLE:___________________________________________________________

ADDRESS: ________________________________________________________________

CITY, STATE, ZIP: ________________________________________________

TELEPHONE NO: _________________________ FAX NO. ________________
                          VENDOR ACKNOWLEDGMENT FORMS
                                CITY OF BROWNSVILLE
                         NON-COLLUSIVE BIDDING CERTIFICATION

I/We have read instructions to bidder and specifications. My/Our bid conforms with all bid
specifications, conditions, and instructions as outlined by CITY OF BROWNSVILLE. Signing
the Acknowledgment Form confirms that our company will enter into a binding contract with
CITY OF BROWNSVILLE for item(s) awarded to our company. I/We have read instructions to
bidder and specifications.

The undersigned Bidder, by signing and executing this bid, certifies and represents to the CITY
OF BROWNSVILLE that Bidder has not been offered, conferred or agreed to confer any
pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of
value as consideration for the receipt of information or any special treatment or advantage
relating to this bid; the Bidder also certifies and represents that Bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other things of value as consideration
                  s
for the recipient' decision, opinion, recommendation, vote or other exercise of discretion
concerning this bid; the Bidder certifies and represents that Bidder has neither coerced nor
attempted to influence the exercise of discretion by any officer, trustee, agent of employee of
the CITY OF BROWNSVILLE concerning this bid on the basis of any consideration not
authorized by law; the Bidder also certifies and represents that Bidder has not received any
information not available to other bidders so as to give the undersigned a preferential
advantage with respect to this bid; the Bidder further certifies and represents that Bidder has
not violated any state, federal or local law, regulation or ordinance relating to bribery, improper
influence, collusion or the like and that Bidder will not in the future offer, confer, or agree to
confer any pecuniary benefit or other thing of value to any officer, trustee, agent or member of
the CITY OF BROWNSVILLE in return for the person having exercised the person' official      s
discretion, power or duty with respect to this bid; the Bidder certifies and represents that it has
not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other
thing of value to any officer, trustee, agent or member of CITY OF BROWNSVILLE in
connection with information regarding this bid, the submission of this bid, the award of this bid
or the performance, delivery or sale pursuant to this bid.

Date: ___________________

Company Name: _________________________________

Signature : _____________________________________

Title: ___________________________________

Note: This form must be filled in and submitted with the sealed proposal.




                                  CITY OF BROWNSVILLE
                                DISCLOSURE OF INTERESTS
City of Brownsville, Texas requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not
applicable, answer with “NA.” Corporations whose shares are publicly traded and listed on
national or regional stock exchanges or over-the-counter markets may file a current Securities
and Exchange Commission Form 10-K with the City in lieu of answering the questions below.
See reverse side for definitions.

Date: _____________

FIRM NAME:
______________________________________________________________________

ADDRESS_____________________________________________________________

FIRM is: 1. Corporation (     )     2. Partnership ( ) 3. Sole Owner ( )
         4. Association (     )     5. Other ( ) ______________________________

                                  DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate
sheet.

1.     State the names of each “employee” of the City of Brownsville having an “ownership
interest constituting 10% or more of the voting stock or shares of the business entity or
ownership of $2,500 or more of the fair market value of the business entity or employed by the
above named “firm.”

        Name                          Title                        Department




2.     State the name of each “official” of the City of Brownsville having an “ownership
interest” constituting 10% or more of the ownership in the above named “firm”, or employed by
the above named “firm.”

        Name                          Title                        Department




3.    State the names of each “board member” of the City of Brownsville having an
“ownership interest” constituting 10% or more of the ownership in the above named “firm”, or
employed by the above named “firm.”
        Name                             Board, Commission, or Committee




                                        CERTIFICATE
        I certify that all information provided is true and correct as of the date of this statement,
that I have not knowingly withheld disclosure of any information requested; and that
supplemental statements will be promptly submitted to the City of Brownsville, Texas as
changes occur.

Certifying Person: _____________________________________ Title:_____________
                             (Type or Print)


Signature of Certifying Person: ___________________________ Date: ____________




DEFINITIONS

The following definitions of terms should be used in answering the questions set forth below:

a.     “Board member.” A member of any board, commission, or committee appointed by
       the City Commission of the City of Brownsville, Texas.
b.   “Employee.” Any person employed by the City of Brownsville, Texas either on a full or
          part-time basis, but not as an independent contractor.

c.   “Firm.” Any entity operated for economic gain, whether professional, industrial or
     commercial, and whether established to produce or deal with a product or service,
     including but not limited to, entities operated in the form of sole proprietorship, as self-
     employed person, partnership, corporation, joint stock company, joint venture,
     receivership or trust, and entities which for purposes of taxation are treated as non-profit
     organizations.
d.   “Official.” The Mayor, members of the City Commission, City Manager, Assistant City
     Managers, Department and Division Heads, and Municipal Court Judge of the City of
     Brownsville, Texas.

e.   “Ownership interest.” Legal or equitable interest, whether actually or constructively
            held, in a firm, including when such interest is held through an agent, trust, estate
     or holding entity. “Constructively held” refers to holdings or control established through
     voting trusts, proxies, or special terms of venture of partnership agreements.”


     PLEASE FILL IN INFORMATION NEEDED IN QUESTIONNAIRE AND SUBMIT TO:

     THE CITY OF BROWNSVILLE
     PURCHASING DEPARTMENT
     P. O. BOX 911
     BROWNSVILLE, TEXAS 78522-0911




                      Sec. 252.043. AWARD OF CONTRACT.
        (a) If the competitive sealed bidding requirement applies to the contract for goods or
            services, the contract must be awarded to the lowest responsible bidder or to
            the bidder who provides goods or services at the best value for the municipality.

        (b) In determining the best value for the municipality, the municipality may consider:

            (1) the purchase price;
                                                              s
            (2) the reputation of the bidder and of the bidder' goods or services;
                                         s
            (3) the quality of the bidder' goods or services;
                                                                         s
      (4) the extent to which the goods or services meet the municipality' needs;
                    s
      (5) the bidder' past relationship with the municipality;
      (6) the impact on the ability of the municipality to comply with laws and rules
          relating to contracting with historically underutilized businesses and nonprofit
          organizations employing persons with disabilities;
                                                                            s
      (7) the total long-term cost to the municipality to acquire the bidder' goods or
           services; and
      (8) any relevant criteria specifically listed in the request for bids or proposals.
(c)       Before awarding a contract under this section, a municipality must indicate in
          the bid specifications and requirements that the contract may be awarded
          either to the lowest responsible bidder or to the bidder who provides goods
          or services at the best value for the municipality.

(d)       The contract must be awarded to the lowest responsible bidder if the
          competitive sealed bidding requirement applies to the contract for
          construction of:
          (1) highways, roads, streets, bridges, utilities, water supply projects, water
              plants, wastewater plants, water and wastewater distribution or
              conveyance facilities, wharves, docks, airport runways and taxiways,
              drainage projects, or related types of projects associated with civil
              engineering construction; or
          (2) buildings or structures that are incidental to projects that are primarily
              civil engineering construction projects.

(e)       If the competitive sealed bidding requirement applies to the contract for
          construction of a facility, as that term is defined by Section 271.111, the
          contract must be awarded to the lowest responsible bidder or awarded under
          the method described by Subchapter H, Chapter 271.
(f)       The governing body may reject any and all bids.
(g)       A bid that has been opened may not be changed for the purpose of
          correcting an error in the bid price. This chapter does not change the
          common law right of a bidder to withdraw a bid due to a material mistake in
          the bid.
(h)       If the competitive sealed proposals requirement applies to the contract, the
          contract must be awarded to the responsible offeror whose proposal is
          determined to be the most advantageous to the municipality considering the
          relative importance of price and the other evaluation factors included in the
          request for proposals.
(i)      This section does not apply to a contract for professional services, as that
         term is defined by Section 2254.002, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997,
75th Leg., ch. 1370, Sec. 4, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1409, Sec.
3, eff. Sept. 1, 2001.

                                                 Submitted,
                                                         (Name of Bidder)


                                                                (Signature)


                                                                   (Print)

                                                          _____________________
                                                                  Date




     Note: This page must be filled in and submitted with the sealed bid as an acknowledgement of bid
     document requirements by the City



TxDOT – DBE Business Forms


     http://www.fta.dot.gov/index.html
     http://www.fta.dot.gov/funding/apply/grants_financing_6018.html

     A.     DBE Certification

     The RESPONDER complies with 49 CFR 26.49 regarding the transit vehicle
     manufacturer’s overall DBE goal.
     http://www.osdbu.dot.gov/
     http://www.osdbu.dot.gov/DBEProgram/index.cfm

     The South Central Texas Regional Certification Agency (SCTRCA) is a non-profit
     corporation that represents several public entities in the South Texas area. These
     entities are committed to enhancing participation for disadvantaged, minority and
     woman owned businesses in public/government contracting and purchasing activities.

     Visit web site link for more information: http://www.sctrca.org/
HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS:

It is the policy of the City of Brownsville Purchasing & Contract Services Department to
promote and encourage contracting and subcontracting opportunities for Historically
Underutilized Businesses (HUB) in all contracts. Accordingly, the Purchasing & Contract
Services Department has adopted the State of Texas Statewide HUB Program, administered
by the Texas Building and Procurement Commission. If the Purchasing & Contract Services
Department determines that subcontracting opportunities are probable, then a HUB
Subcontracting Plan is a required element of the contract.

Please follow the following link and choose Cameron County to run a HUB search.

http://www.window.state.tx.us/procurement//cmbl/cmblhub.html
                                           CERTIFICATION FORM
A) COMPLIANCE WITH REQUIREMENTS FOR THE PARTICIPATION OF DISADVANTAGED
   BUSINESS ENTERPRISES (DBE'           s)
   The bidder hereby certifies that it will not discriminate on the basis or race, color, national origin, or sex
   in the performance of this contract. The requirements of 49 CFR Part 26 and U.S. DOT-approved
   Disadvantage Business Enterprise (DBE) program are incorporated in this contract by reference.

B) DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION
   LOWER TIER COVERED TRANSACTIONS
   The bidder certifies that neither the bidder, its third party subcontractors, nor its principals is presently
   debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
   participation in this transaction by any Federal department or agency.

C) CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
   The bidder certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf
   of the undersigned, to any person for influencing or attempting to influence an officer or employee of
   any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
   of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
   the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
   continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
   agreement.


   SIGNATURE                                                        TITLE ______________________

   COMPANY                                                                 DATE _________________

   State of                       , County of __________________________________

   Subscribed and sworn to before me this            day of                     , 20     .



                  Notary Public _______________________________




                 My Appointment Expires: ______________________________
Protest Procedure

               The protest must outline the specific portion of the specification or IFB procedure
               that had been violated.

               Prospective bidders whose direct economic interest would be affected by the
               award of a contract or by failure to award a contract may file a protest. The
               purchaser (City of Brownsville/Airport) will consider all protests requested in a
               timely manner regarding the award of a contract, whether submitted before or
               after an award. All protests are to be submitted in writing to: Roberto C. Luna,
               Jr., Purchasing/Contracting Director, City of Brownsville Purchasing Department,
               City Hall, 1001 E. Elizabeth St., First Floor, Suite 101 Brownsville, TX 78520.
               Protest submissions should be concise, logically arranged, and clearly state the
               grounds for protest. Protest must include the following information:

               (A)    name, address, and telephone number of protestor,
               (B)    identification of contract solicitation number,
               (C)    a detailed statement of the legal and factual grounds of the protest,
                      including copies of relevant documents, and
               (D)    a statement as to what relief is requested.

               Protest must be submitted to the City of Brownsville Purchasing Department in
               accordance with these procedures and time requirements must be complete and
               contain all issues that the protestor believes relevant.

               In the procedure outline below, the Purchasing/Contracting Director is considered
               to be the Contracting Officer.

       1.3.1   Protest Before Opening
               Protests alleging restrictive specifications or improprieties which are apparent
               prior to the bid deadline or receipt of bids must be submitted in writing to the
               Contracting Officer at the address above and must be received at least seven (7)
               days prior to the bid opening. If the written protest is not received by the time
               specified in bid package may be received and award made in the normal manner
               unless the Contracting Officer determines that remedial action is required. Oral
               protest not followed up by a written protest will be disregarded. The Contracting
               Officer may request additional information from the appealing party and
               information or responses from other bidder, which shall be submitted to the
               Contracting Officer not less than ten (10) days after the date of the City of
               Brownsville’s request. So far as practicable, appeals will be decided based on the
               written appeal, information and written responses submitted by the appealing
               party and other proposers. In failure of any party to timely respond to a request
               form information, it may be deemed by the purchaser that such party does not
               desire to participate in the proceeding, does not contest the matter, or does not
               desire to submit a response, and in such case, the protest will proceed and will not
               be delayed due to the lack of response. Upon receipt and review of written
               submissions and any independent evaluation deemed appropriate by the
               purchaser, the Contracting Officer shall either (a) render a decision, or (b) at the
               sole election of the Contracting Officer, conduct an informal hearing at which the
               interested parities will be afforded the opportunity to present their respective
               positions and facts, documents, justification, and technical information in support
               thereof. Parties may, but are not required to, be represented by counsel at the
        informal hearing, which will not be subject to formal rules of evidence or
        procedures. Following the informal hearing, if one is held, the Contracting
        Officer will render a decision, which shall be final, and notify all interested
        parties thereof in writing but no later than ten (10) days from the date of the
        informal hearing.

1.3.2   Protest After Opening/Prior to Award
        Proposal protests against the making of an award by the purchaser must be
        submitted in writing to the Contracting Officer and received within seven (7) days
        of the award by the purchaser. Notice of the protest and the basis thereto will be
        given to all proposers. In addition, when a protest against the making of an award
        by the purchaser is received and it is determined to withhold the award pending
        disposition of the protest, the proposers whose proposals might become eligible
        for award shall be requested, before the expiration of the time for acceptance, to
        extend or to withdraw the proposal. Where a written protest against the making
        of an award is received in the time period specified, award will not be made prior
        to seven (7) days after resolution of the protest unless the purchaser determines
        that:

         (a) the items to be purchased are urgently required
         (b) delivery or performance will be unduly delayed by failure to make an
             award promptly, or
         (c) failure to make an award will otherwise cause undue harm to City of
             Brownsville or the federal government.

1.3.3   Protest After Award
        In instances where the award has been made, the Contractor shall be furnished
        with the notice of protest and the basis thereof. If the contractor has not executed
        the contract as of the date of the protest is received by the City of Brownsville; the
        execution of the contract will not be made prior to seven (7) days after resolution
        of the protest unless the City of Brownsville determines that:

         (a) the items to be purchased are urgently required
         (b) delivery or performance will be unduly delayed by failure to make an
             award promptly, or
         (c) failure to make an award will otherwise cause undue harm to the City of
             Brownsville or the federal government.
                                  GOVERNMENT CODE


              CHAPTER 2253. PUBLIC WORK PERFORMANCE AND PAYMENT BONDS


                          SUBCHAPTER A. GENERAL PROVISIONS



      § 2253.001. DEFINITIONS. In this chapter:
            (1) "Governmental entity" means a governmental or
quasi-governmental authority authorized by state law to make a
public work contract, including:
                  (A) the state, a county, or a municipality;
                  (B) a department, board, or agency of the state,
a county, or a municipality; and
                  (C) a school district or a subdivision of a
school district.
            (2) "Payment bond beneficiary" means a person for
whose protection and use this chapter requires a payment bond.
            (3) "Prime contractor" means a person, firm, or
corporation that makes a public work contract with a governmental
entity.
            (4) "Public work contract" means a contract for
constructing, altering, or repairing a public building or carrying
out or completing any public work.
            (5) "Public work labor" means labor used directly to
carry out a public work.
            (6) "Public work material" means:
                  (A) material used, or ordered and delivered for
use, directly to carry out a public work;
                  (B) specially fabricated material;
                  (C) reasonable rental and actual running repair
costs for construction equipment used, or reasonably required and
delivered for use, directly to carry out work at the project site;
or
                  (D) power, water, fuel, and lubricants used, or
ordered and delivered for use, directly to carry out a public work.
            (7) "Retainage" means the part of the payments under a
public work contract that are not required to be paid within the
month after the month in which the public work labor is performed or
public work material is delivered under the contract.
            (8) "Specially fabricated material" means material
ordered by a prime contractor or subcontractor that is:
                  (A) specially fabricated for use in a public
work; and
                  (B) reasonably unsuitable for another use.
            (9) "Subcontractor" means a person, firm, or
corporation that provides public work labor or material to fulfill
an obligation to a prime contractor or to a subcontractor for the
performance and installation of any of the work required by a public
work contract.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 62, § 8.20, eff. Sept. 1,
1999.


      § 2253.002. EXEMPTION. This chapter does not apply to a
public work contract entered into by a state agency relating to an
action taken under Subchapter F or I, Chapter 361, Health and
Safety Code, or Subchapter I, Chapter 26, Water Code.
Added by Acts 1997, 75th Leg., ch. 793, § 18, eff. Sept. 1, 1997.

                   SUBCHAPTER B. GENERAL REQUIREMENTS;   LIABILITY



      § 2253.021. PERFORMANCE AND PAYMENT BONDS REQUIRED. (a)
A governmental entity that makes a public work contract with a prime
contractor shall require the contractor, before beginning the work,
to execute to the governmental entity:
            (1) a performance bond if the contract is in excess of
$100,000; and
            (2) a payment bond if the contract is in excess of
$25,000.
      (b) The performance bond is:
            (1) solely for the protection of the state or
governmental entity awarding the public work contract;
            (2) in the amount of the contract; and
            (3) conditioned on the faithful performance of the
work in accordance with the plans, specifications, and contract
documents.
      (c) The payment bond is:
            (1) solely for the protection and use of payment bond
beneficiaries who have a direct contractual relationship with the
prime contractor or a subcontractor to supply public work labor or
material; and
            (2) in the amount of the contract.
      (d) A bond required by this section must be executed by a
corporate surety in accordance with Section 1, Chapter 87, Acts of
the 56th Legislature, Regular Session, 1959 (Article 7.19-1,
Vernon's Texas Insurance Code).
      (e) A bond executed for a public work contract with the
state or a department, board, or agency of the state must be payable
to the state and its form must be approved by the attorney general.
A bond executed for a public work contract with another
governmental entity must be payable to and its form must be approved
by the awarding governmental entity.
      (f) A bond required under this section must clearly and
prominently display on the bond or on an attachment to the bond:
            (1) the name, mailing address, physical address, and
telephone number, including the area code, of the surety company to
which any notice of claim should be sent; or
            (2) the toll-free telephone number maintained by the
Texas Department of Insurance under Subchapter B, Chapter 521,
Insurance Code, and a statement that the address of the surety
company to which any notice of claim should be sent may be obtained
from the Texas Department of Insurance by calling the toll-free
telephone number.
      (g) A governmental entity may not require a contractor for
any public building or other construction contract to obtain a
surety bond from any specific insurance or surety company, agent,
or broker.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.43(a), eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 380, § 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 614, § 2, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1275, § 2(86), eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 728, § 11.122, eff. Sept. 1, 2005.
      § 2253.022. PERFORMANCE AND PAYMENT BONDS; INSURED
LOSS. (a) A governmental entity shall ensure that an insurance
company that is fulfilling its obligation under a contract of
insurance by arranging for the replacement of a loss, rather than by
making a cash payment directly to the governmental entity,
furnishes or has furnished by a contractor, in accordance with this
chapter:
            (1) a performance bond as described by Section
2253.021(b) for the benefit of the governmental entity; and
            (2) a payment bond as described in Section 2253.021(c)
for the benefit of the beneficiaries described by that subsection.
      (b) The bonds required to be furnished under Subsection (a)
must be furnished before the contractor begins work.
      (c) It is an implied obligation under a contract of
insurance for the insurance company to furnish the bonds required
by this section.
      (d) To recover in a suit with respect to which the insurance
company has furnished or caused to be furnished a payment bond, the
only notice required of a payment bond beneficiary is the notice
given to the surety in accordance with Subchapter C.
      (e) This section does not apply to a governmental entity
when a surety company is complying with an obligation under a bond
that had been issued for the benefit of the governmental entity.
      (f) If the payment bond required by Subsection (a) is not
furnished, the governmental entity is subject to the same liability
that a surety would have if the surety had issued the payment bond
and the governmental entity had required the bond to be provided.
To recover in a suit under this subsection, the only notice required
of a payment bond beneficiary is a notice given to the governmental
entity, as if the governmental entity were the surety, in
accordance with Subchapter C.

Added by Acts 1997, 75th Leg., ch. 1132, § 3, eff. Sept. 1, 1997.


      § 2253.023. ATTEMPTED COMPLIANCE. (a) A bond furnished
by a prime contractor in an attempt to comply with this chapter
shall be construed to comply with this chapter regarding the rights
created, limitations on those rights, and remedies provided.
      (b) A provision in a bond furnished by a prime contractor in
an attempt to comply with this chapter that expands or restricts a
right or liability under this chapter shall be disregarded, and
this chapter shall apply to that bond.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.024. INFORMATION FROM CONTRACTOR OR
SUBCONTRACTOR. (a) A prime contractor, on the written request of a
person who provides public work labor or material and when required
by Subsection (c), shall provide to the person:
            (1) the name and last known address of the
governmental entity with whom the prime contractor contracted for
the public work;
            (2) a copy of the payment and performance bonds for the
public work, including bonds furnished by or to the prime
contractor; and
            (3) the name of the surety issuing the payment bond and
the performance bond and the toll-free telephone number maintained
by the Texas Department of Insurance under Subchapter B, Chapter
521, Insurance Code, for obtaining information concerning licensed
insurance companies.
      (b) A subcontractor, on the written request of a
governmental entity, the prime contractor, a surety on a bond that
covers the public work contract, or a person providing work under
the subcontract and when required by Subsection (c), shall provide
to the person requesting the information:
             (1) the name and last known address of each person from
whom the subcontractor purchased public work labor or material,
other than public work material from the subcontractor's inventory;
             (2) the name and last known address of each person to
whom the subcontractor provided public work labor or material;
             (3) a statement of whether the subcontractor furnished
a bond for the benefit of its subcontractors and materialmen;
             (4) the name and last known address of the surety on
the bond the subcontractor furnished; and
             (5) a copy of that bond.
      (c) Information requested shall be provided within a
reasonable time but not later than the 10th day after the receipt of
the written request for the information.
      (d) A person from whom information is requested may require
payment of the actual cost, not to exceed $25, for providing the
requested information if the person does not have a direct
contractual relationship with the person requesting information
that relates to the public work.
      (e) A person who fails to provide information required by
this section is liable to the requesting person for that person's
reasonable and necessary costs incurred in getting the requested
information.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 380, § 2, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 728, § 11.123, eff. Sept. 1,
2005.


      § 2253.025. INFORMATION FROM PAYMENT BOND
BENEFICIARY. (a) A payment bond beneficiary, not later than the
30th day after the date the beneficiary receives a written request
from the prime contractor or a surety on a bond on which a claim is
made, shall provide to the contractor or surety:
            (1) a copy of any applicable written agreement or
purchase order; and
            (2) any statement or payment request of the
beneficiary that shows the amount claimed and the work performed by
the beneficiary for which the claim is made.
      (b) If requested, the payment bond beneficiary shall
provide the estimated amount due for each calendar month in which
the beneficiary performed public work labor or provided public work
material.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.026. COPY OF PAYMENT BOND AND CONTRACT. (a) A
governmental entity shall furnish the information required by
Subsection (d) to any person who applies for the information and who
submits an affidavit that the person:
            (1) has supplied public work labor or material for
which the person has not been paid;
            (2) has contracted for specially fabricated material
for which the person has not been paid; or
            (3) is being sued on a payment bond.
      (b) The copy of the payment bond or public work contract is
prima facie evidence of the content, execution, and delivery of the
original.
      (c) An applicant under this section shall pay any reasonable
fee set by the governmental entity for the actual cost of
preparation of the copies.
      (d) A governmental entity shall furnish the following
information to a person who makes a request under Subsection (a):
            (1) a certified copy of a payment bond and any
attachment to the bond;
            (2) the public work contract for which the bond was
given; and
            (3) the toll-free telephone number maintained by the
Texas Department of Insurance under Subchapter B, Chapter 521,
Insurance Code, for obtaining information concerning licensed
insurance companies.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 380, § 3, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 728, § 11.124, eff. Sept. 1,
2005.


      § 2253.027. LIABILITY OF GOVERNMENTAL ENTITY. (a) If a
governmental entity fails to obtain from a prime contractor a
payment bond as required by Section 2253.021:
            (1) the entity is subject to the same liability that a
surety would have if the surety had issued a payment bond and if the
entity had obtained the bond; and
            (2) a payment bond beneficiary is entitled to a lien on
money due to the prime contractor in the same manner and to the same
extent as if the public work contract were subject to Subchapter J,
Chapter 53, Property Code.
      (b) To recover in a suit under Subsection (a), the only
notice a payment bond beneficiary is required to provide to the
governmental entity is a notice provided in the same manner as
described by Subchapter C. The notice must be provided as if the
governmental entity were a surety.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 515, § 1, eff. Sept. 1,
2003.

                         SUBCHAPTER C. NOTICE REQUIREMENTS



      § 2253.041. NOTICE REQUIRED FOR CLAIM FOR PAYMENT FOR
LABOR OR MATERIAL. (a) To recover in a suit under Section 2253.073
on a payment bond for a claim for payment for public work labor
performed or public work material delivered, a payment bond
beneficiary must mail to the prime contractor and the surety
written notice of the claim.
      (b) The notice must be mailed on or before the 15th day of
the third month after each month in which any of the claimed labor
was performed or any of the claimed material was delivered.
      (c) The notice must be accompanied by a sworn statement of
account that states in substance:
            (1) the amount claimed is just and correct; and
            (2) all just and lawful offsets, payments, and credits
known to the affiant have been allowed.
      (d) The statement of account shall include the amount of any
retainage applicable to the account that has not become due under
the terms of the public work contract between the payment bond
beneficiary and the prime contractor or between the payment bond
beneficiary and a subcontractor.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.042. COPY OF AGREEMENT AS NOTICE OF CLAIM FOR
UNPAID LABOR OR MATERIAL. A payment bond beneficiary has the
option to enclose with the sworn statement of account, as the notice
for a claim under a written agreement for payment for public work
labor performed or public work material delivered, a copy of the
written agreement and a statement of the completion or the value of
partial completion of the agreement.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.043. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
WHEN WRITTEN AGREEMENT DOES NOT EXIST. (a) Except as provided by
Section 2253.044, if a written agreement does not exist between the
payment bond beneficiary and the prime contractor or between the
payment bond beneficiary and the subcontractor, the notice for a
claim for unpaid bills must contain:
            (1) the name of the party for whom the public work
labor was performed or to whom the public work material was
delivered;
            (2) the approximate date of performance or delivery;
            (3) a description of the public work labor or material
for reasonable identification; and
            (4) the amount due.
      (b) The payment bond beneficiary must generally itemize the
claim and include with it copies of documents, invoices, or orders
that reasonably identify:
            (1) the public work labor performed or public work
material delivered for which the claim is made;
            (2) the job; and
            (3) the destination of delivery.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.044. NOTICE OF CLAIM FOR MULTIPLE ITEMS OF LABOR OR
MATERIAL. The notice for a claim for lump-sum payment for multiple
items of public work labor or material must:
            (1) describe the labor or material in a manner that
reasonably identifies the labor or material;
            (2) state the name of the party for whom the labor was
performed or to whom the material was delivered;
            (3) state the approximate date of performance or
delivery;
            (4) state whether the contract is written or oral;
            (5) state the amount of the contract; and
            (6) state the amount claimed.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.045. NOTICE OF CLAIM FOR UNPAID LABOR OR MATERIAL
UNDER WRITTEN UNIT PRICE AGREEMENT. The notice for a claim for
public work labor performed or public work material delivered by a
payment bond beneficiary who is a subcontractor or materialman to
the prime contractor or to a subcontractor and who has a written
unit price agreement that is wholly or partially completed is
sufficient if the beneficiary attaches to the sworn statement of
account:
            (1) a list of units and unit prices set by the
contract; and
            (2) a statement of those completed and partially
completed units.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.046. NOTICE REQUIRED FOR CLAIM FOR PAYMENT OF
RETAINAGE. (a) To recover in a suit under Section 2253.073 on a
payment bond for a claim for payment of retainage, a payment bond
beneficiary whose contract with a prime contractor or subcontractor
provides for retainage must mail written notice of the claim to the
prime contractor and the surety on or before the 90th day after the
date of final completion of the public work contract.
      (b) The notice shall consist of a statement of:
            (1) the amount of the contract;
            (2) any amount paid; and
            (3) the outstanding balance.
      (c) Notice of a claim for payment of retainage is not
required if the amount claimed is part of a prior claim made under
this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.047. ADDITIONAL NOTICE REQUIRED FOR PAYMENT BOND
BENEFICIARY WITHOUT DIRECT CONTRACTUAL RELATIONSHIP WITH PRIME
CONTRACTOR. (a) To recover in a suit under Section 2253.073 on a
payment bond, a payment bond beneficiary who does not have a direct
contractual relationship with the prime contractor for public work
labor or material must mail notice as required by this section.
      (b) A payment bond beneficiary who contracts with a
subcontractor for retainage must mail, on or before the 15th day of
the second month after the date of the beginning of the delivery of
public work material or the performance of public work labor,
written notice to the prime contractor that:
            (1) the contract provides for retainage; and
            (2) generally indicates the nature of the retainage.
      (c) The payment bond beneficiary must mail to the prime
contractor written notice of a claim for any unpaid public work
labor performed or public work material delivered. The notice must
be mailed on or before the 15th day of the second month after each
month in which the labor was performed or the material was
delivered. A copy of the statement sent to a subcontractor is
sufficient as notice under this subsection.
      (d) The payment bond beneficiary must mail to the prime
contractor, on or before the 15th day of the second month after the
receipt and acceptance of an order for specially fabricated
material, written notice that the order has been received and
accepted.
      (e) This section applies only to a payment bond beneficiary
who is not an individual mechanic or laborer and who makes a claim
for wages.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
      § 2253.048. MAILING NOTICE. (a) A notice required by
this subchapter to be mailed must be sent by certified or registered
mail.
      (b) A notice required by this subchapter to be mailed to a
prime contractor must be addressed to the prime contractor at the
contractor's residence or last known business address.
      (c) A person satisfies the requirements of this subchapter
relating to providing notice to the surety if the person mails the
notice by certified or registered mail to the surety:
            (1) at the address stated on the bond or on an
attachment to the bond;
            (2) at the address on file with the Texas Department of
Insurance; or
            (3) at any other address allowed by law.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 380, § 4, eff. Sept. 1,
2001.

                    SUBCHAPTER D. CLAIMS ON BONDS;   ENFORCEMENT



      § 2253.071. TERMINATION OR ABANDONMENT OF CONTRACT;
PROCEEDS OF CONTRACT. (a) The proceeds of a public work contract
are not payable, until all costs of completion of the contract work
are paid by the contractor or the contractor's surety, to a
contractor who furnishes a bond required by this chapter if:
            (1) the contractor abandons performance of the
contract; or
            (2) the contractor's right to proceed with performance
of the contract is lawfully terminated by the awarding governmental
entity because of the contractor's default.
      (b) The balance of the public work contract proceeds
remaining after the costs of completion are paid shall be paid
according to the contractor's and the surety's interests as may be
established by agreement or by judgment of a court.
      (c) A surety that completes a public work contract or incurs
a loss under a performance bond required under this chapter has a
claim to the proceeds of the contract prior to all other creditors
of the prime contractor to the full extent of the surety's loss.
That priority does not excuse the surety from paying an obligation
under a payment bond.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.072. STATE NOT LIABLE FOR COSTS. The state is not
liable for payment of a cost or expense of a suit brought by any
party on a payment bond furnished under this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.073. SUIT ON PAYMENT BOND. (a) A payment bond
beneficiary who has provided public work labor or material under a
public work contract for which a payment bond is furnished under
this chapter may sue the principal or surety, jointly or severally,
on the payment bond if the claim is not paid before the 61st day
after the date the notice for the claim is mailed.
      (b) Suit may be brought under Subsection (a) for:
            (1) the unpaid balance of the beneficiary's claim at
the time the claim was mailed or the suit is brought; and
            (2) reasonable attorney fees.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.074. COSTS AND ATTORNEY FEES. A court may award
costs and reasonable attorney fees that are equitable in a
proceeding to enforce a claim on a payment bond or to declare that
any part of a claim is invalid.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.075. ASSIGNMENT OF CLAIM. A third party to whom a
claim is assigned is in the same position as a payment bond
beneficiary if notice is given as required by this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.076. LIMITATIONS ON CERTAIN CLAIMS; MAXIMUM
RETAINAGE. (a) The amount of a subcontractor's claim, including
previous payments, may not exceed the proportion of the subcontract
price that the work done bears to the total of the work covered by
the subcontract.
      (b) A claim for specially fabricated material that has not
been delivered or incorporated into the public work is limited to
material that conforms to and complies with the plans,
specifications, and contract documents for the material. The
amount of the claim may not exceed the reasonable cost, less the
fair salvage value, of the specially fabricated material.
      (c) A claim for retainage in a notice under this subchapter
is not valid for an amount greater than the amount of retainage
specified in the public work contract between the payment bond
beneficiary and the prime contractor or between the payment bond
beneficiary and the subcontractor. A claim for retainage is never
valid for an amount greater than 10 percent of the amount of that
contract.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.077. VENUE. A suit under this chapter shall be
brought in a court in a county in which any part of the public work
is located.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.078. STATUTE OF LIMITATIONS. (a) A suit on a
performance bond may not be brought after the first anniversary of
the date of final completion, abandonment, or termination of the
public work contract.
      (b) A suit on a payment bond may not be brought by a payment
bond beneficiary after the first anniversary of the date notice for
a claim is mailed under this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.


      § 2253.079. CRIMINAL OFFENSE FOR FALSE AND FRAUDULENT
CLAIM. (a) A person commits an offense if the person willfully
files a false and fraudulent claim under this chapter.
      (b) An offense under this section is subject to the penalty
for false swearing.

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.




GENERAL DECISION: TX20080029 07/24/2009 TX29

Date: July 24, 2009
General Decision Number: TX20080029 07/24/2009

Superseded General Decision Number: TX20070029

State: Texas

Construction Types: Heavy and Highway

Counties: Cameron, Hidalgo and Webb Counties in Texas.

Heavy (excluding tunnels and dams) and Highway Construction
Projects (does not include building structures in rest area
projects). *NOT TO BE USED FOR HEAVY PROJECTS in Nueces and
San Patricio Counties.

Modification Number         Publication Date
           0                  02/08/2008
           1                  07/24/2009

*   SUTX2005-004 01/05/2005

                                          Rates             Fringes

Asphalt Distributor Operator.....$         9.57                0.00

Asphalt paving machine
operator.........................$   9.73   0.00

Asphalt Raker....................$   7.50   0.00

Asphalt Shoveler.................$   9.35   0.00

Broom or Sweeper Operator........$   7.55   0.00

Bulldozer operator...............$   9.28   0.00

CARPENTER........................$ 10.20    0.00

Concrete Finisher, Paving........$ 10.73    0.00

Concrete Finisher, Structures....$   9.59   0.00

Concrete Rubber..................$   9.87   0.00

Crane, Clamshell, Backhoe,
Derrick, Dragline, Shovel
Operator.........................$ 10.83    0.00

Flagger..........................$   7.40   0.00

Form Builder/Form Setter,
Structures.......................$   9.16   0.00

Form Setter, Paving & Curb.......$ 10.50    0.00

Foundation Drill Operator,
Truck Mounted....................$ 12.50    0.00

Front End Loader Operator........$   8.61   0.00

Laborer, common..................$   7.69   0.00

Laborer, Utility.................$   9.05   0.00

MECHANIC.........................$ 10.81    0.00

Motor Grader Operator, Fine
Grade............................$ 11.91    0.00

Motor Grader Operator, Rough.....$ 11.27    0.00

Pipelayer........................$   8.44   0.00

Reinforcing Steel Setter.........$ 10.44    0.00

Roller Operator, Pneumatic,
Self-Propelled...................$   7.25   0.00
Roller Operator, Steel Wheel,
Flat Wheel/Tamping...............$   7.25            0.00

Roller Operator, Steel Wheel,
Plant Mix Pavement...............$   8.00            0.00

Scraper Operator.................$   8.61            0.00

Servicer.........................$   8.81            0.00

Tractor operator, Pneumatic......$   8.50            0.00

Traveling Mixer Operator.........$   8.30            0.00

Truck driver, lowboy-Float.......$ 10.82             0.00

Truck driver, Single Axle,
Heavy............................$   9.43            0.00

Truck driver, Single Axle,
Light............................$   9.19            0.00

Truck Driver, Tandem Axle,
Semi-Trailer.....................$   8.01            0.00

WELDER...........................$ 10.31             0.00

Work Zone Barricade Servicer.....$ 8.40              0.00
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------

            WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:
*   an existing published wage determination
*   a survey underlying a wage determination
*   a Wage and Hour Division letter setting forth a position on
    a wage determination matter
*   a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

       Branch of Construction Wage Determinations
       Wage and Hour Division
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

       Wage and Hour Administrator
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

       Administrative Review Board
       U.S. Department of Labor
       200 Constitution Avenue, N.W.
       Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================
           END OF GENERAL DECISION




§110.110. Reporting Requirements for Building or Construction Projects for Governmental Entities.

(a) The following words and terms, when used in this rule, shall have the following meanings, unless the context
clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor
Code, if so defined.
(1) Certificate of coverage (certificate)--A copy of a certificate of insurance, a certificate of authority to self-
insure issued by the commission, or a workers'   compensation coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers'         compensation insurance coverage for the person' or   s
      s
entity' employees (including those subject to a coverage agreement) providing services on a project, for the
duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code, §406.096(e)(1).
TWCC Rules - (06/05/03) Chapter 110 7
(3) Contractor--A person bidding for or awarded a building or construction project by a governmental entity.
(4) Coverage--Workers'    compensation insurance meeting the statutory requirements of the Texas Labor
Code, §401.011(44).
(5) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form
TWCC-84, filed with the Texas Workers'       Compensation Commission which establishes a relationship between
the parties for purposes of the Texas Workers'    Compensation Act, pursuant to the Texas Labor Code, Chapter
406, Subchapters F and G, as one of employer/employee and establishes who will be responsible for providing
workers'  compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the project until the work on the
project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act)--With the exception of
persons excluded under subsections (h) and (i) of this section, 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 but is
not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity furnishing persons to perform services on the project.
"Services" includes but is not limited to 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.
(8) Project--Includes the provision of all services related to a building or construction contract for a governmental
entity.




(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the
insured that all employees of the insured who are providing services on the project are covered by workers'
compensation coverage, that the coverage is based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of
                                       s
a self-insured, with the commission' Division of Self-Insurance Regulation. Providing false or misleading
certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing services on the
project to administrative penalties, criminal penalties, civil penalties, or other civil actions.

(c) a governmental entity that enters into a building or construction contract on a project shall:

(1) include in the bid specifications, all the provisions of paragraph (7) of this subsection, using the language
required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor
to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on the project, prior to
that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
TWCC Rules – (06/05/03) Chapter 110 8
                                                                       s
(A) before the end of the current coverage period, if the contractor' current certificate of coverage shows that the
coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person providing
services on the project whose current certificate shows that the coverage period ends during the
duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to
them by law; and
(7) use the language contained in the following Figure 1 for bid specifications and contracts, without any
additional words or changes, except those required to accommodate the specific document in which they are
contained or to impose stricter standards of documentation:
Article _____. Workers' Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.




Persons providing services on the project ("subcontractor" in §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.
B. 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.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to beingawarded the
contract
D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the
project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and provide to the governmental
entity:
TWCC Rules - (06/05/03) Chapter 110 9
(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 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.
F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year
thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas
Workers' Compensation Commission, informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and report lack of coverage.




I. 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 project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(A) a certificate of coverage, prior to the other person beginning work on the project; 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
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew 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.
TWCC Rules – (06/05/03) Chapter 110 10
J. 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.




K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filing of any coverage
agreements;
(2) provide a certificate of coverage showing workers'     compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing
                                                                            s
extension of coverage, if the coverage period shown on the contractor' current certificate of coverage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) 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
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the
contractor knew or should have known, of any change that materially affects the provision of coverage of any
person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required
to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must
be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any additional words or changes:
"REQUIRED WORKERS' COMPENSATION COVERAGE"
TWCC Rules - (06/05/03) Chapter 110 11
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their employer
or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage."
(8) contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3) of this section;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the
person knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on
proper reporting of classification codes and payroll amounts and filing of any coverage agreements;




(2) provide a certificate of coverage as required by its contract to provide services on the project, prior to
beginning work on the project;
TWCC Rules – (06/05/03) Chapter 110 12
(3) have the following language in its contract to provide services on the project: "By signing this contract or
providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the
governmental entity that all employees of the person signing this contract 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
                                                                                             s
with the appropriate insurance carrier or, in the case of a self-insured, with the commission' 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."
(4) provide the person for whom it is providing services on the project, prior to the end of the coverage period
shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage
period shown on the certificate of coverage ends during the duration of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as required by its
contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;
(6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially
affects the provision of coverage of any person providing services on the project and send the notice within ten
days after the person knew or should have known of the change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on the project;
(C) include in all contracts to provide services on the project the language in paragraph (3) of this
subsection;
(D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;




(E) obtain from each other person under contract to it to provide services on the project, and provide as required
by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the contract;
TWCC Rules - (06/05/03) Chapter 110 13
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten days after the
person knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this rule that can be given effect without the invalid provision or
application, and to this end the provisions of this rule are declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on
or after September 1, 1994. This rule is also applicable for those building or construction contracts entered into on
or after September 1, 1994, which are not required by law to be advertised for bid.
(h) The coverage requirement in this rule does not apply to motor carriers who are required pursuant to Texas
Civil Statutes, Article 6675c, to register with the Texas Department of Transportation and who provide accidental
insurance coverage pursuant to Texas Civil Statutes, Article 6675c, §4(j).
(i) The coverage requirement in this rule does not apply to sole proprietors, partners, and corporate officers
who meet the requirements of the Act, §406.097(c), and who are explicitly excluded from coverage in accordance
with the Act, §406.097(a) (as added by House Bill 1089, 74th Legislature, 1995, §1.20). This
subsection applies only to sole proprietors, partners, and corporate executive officers who are excluded from
coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or
renewed on or after January 1, 1996.
The provisions of this §110.110 adopted to be effective September 1, 1994, 19 TexReg 5715; amended to be
effective November 6, 1995, 20 TexReg 8609.




                                       STANDARD
                                   GENERAL CONDITIONS
                                         OF THE
CONSTRUCTION CONTRACT
                                                              GENERAL CONDITIONS

TABLE OF CONTENTS
                                                                                                                                                                               Page

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY..............................................................................................................6
  1.01   Defined Terms..........................................................................................................................................................6
  1.02   Terminology .............................................................................................................................................................8
ARTICLE 2 - PRELIMINARY MATTERS ...............................................................................................................................9
  2.01   Delivery of Bonds and Evidence of Insurance .........................................................................................................9
  2.02   Copies of Documents ...............................................................................................................................................9
  2.03   Commencement of Contract Times; Notice to Proceed ...........................................................................................9
  2.04   Starting the Work .....................................................................................................................................................9
  2.05   Before Starting Construction ...................................................................................................................................9
  2.06   Preconstruction Conference ....................................................................................................................................9
  2.07   Initial Acceptance of Schedules ...............................................................................................................................9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................10
  3.01   Intent ......................................................................................................................................................................10
  3.02   Reference Standards ..............................................................................................................................................10
  3.03   Reporting and Resolving Discrepancies ................................................................................................................10
  3.04   Amending and Supplementing Contract Documents..............................................................................................11
  3.05   Reuse of Documents...............................................................................................................................................11
  3.06   Electronic Data......................................................................................................................................................11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11
  4.01   Availability of Lands..............................................................................................................................................11
  4.02   Subsurface and Physical Conditions......................................................................................................................12
  4.03   Differing Subsurface or Physical Conditions ........................................................................................................12
  4.04   Underground Facilities..........................................................................................................................................13
  4.05   Reference Points ....................................................................................................................................................13
  4.06   Hazardous Environmental Condition at Site .........................................................................................................13
ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................14
  5.01   Performance, Payment, and Other Bonds..............................................................................................................14
  5.02   Licensed Sureties and Insurers ..............................................................................................................................15
  5.03   Certificates of Insurance........................................................................................................................................15
  5.04   Contractor’s Liability Insurance ...........................................................................................................................15
  5.05   Owner’s Liability Insurance ..................................................................................................................................16
  5.06   Property Insurance ................................................................................................................................................16
  5.07   Waiver of Rights.....................................................................................................................................................17
  5.08   Receipt and Application of Insurance Proceeds ....................................................................................................17
  5.09   Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17
  5.10   Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18
ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES..........................................................................................................18
  6.01   Supervision and Superintendence ..........................................................................................................................18
  6.02   Labor; Working Hours...........................................................................................................................................18
  6.03   Services, Materials, and Equipment ......................................................................................................................18
  6.04   Progress Schedule..................................................................................................................................................18
  6.05   Substitutes and “Or-Equals” .................................................................................................................................19
  6.06   Concerning Subcontractors, Suppliers, and Others...............................................................................................20
  6.07   Patent Fees and Royalties......................................................................................................................................21
  6.08   Permits ...................................................................................................................................................................21
  6.09   Laws and Regulations ............................................................................................................................................21
  6.10   Taxes ......................................................................................................................................................................22
  6.11   Use of Site and Other Areas...................................................................................................................................22
  6.12   Record Documents.................................................................................................................................................22
  6.13   Safety and Protection.............................................................................................................................................22
  6.14   Safety Representative .............................................................................................................................................23
  6.15   Hazard Communication Programs ........................................................................................................................23
 6.16    Emergencies...........................................................................................................................................................23
 6.17    Shop Drawings and Samples .................................................................................................................................23
 6.18    Continuing the Work ..............................................................................................................................................24
 6.19    Contractor’s General Warranty and Guarantee....................................................................................................24
 6.20    Indemnification ......................................................................................................................................................24
 6.21    Delegation of Professional Design Services ..........................................................................................................25
ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25
 7.01    Related Work at Site...............................................................................................................................................25
 7.02    Coordination..........................................................................................................................................................26
 7.03    Legal Relationships................................................................................................................................................26
ARTICLE 8 - OWNER’S RESPONSIBILITIES ......................................................................................................................26
 8.01    Communications to Contractor..............................................................................................................................26
 8.02    Replacement of Engineer .......................................................................................................................................26
 8.03    Furnish Data..........................................................................................................................................................26
 8.04    Pay When Due .......................................................................................................................................................26
 8.05    Lands and Easements; Reports and Tests..............................................................................................................26
 8.06    Insurance ...............................................................................................................................................................26
 8.07    Change Orders.......................................................................................................................................................26
 8.08    Inspections, Tests, and Approvals..........................................................................................................................26
 8.09    Limitations on Owner’s Responsibilities ...............................................................................................................27
 8.10    Undisclosed Hazardous Environmental Condition................................................................................................27
 8.11    Evidence of Financial Arrangements.....................................................................................................................27
ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION.....................................................................................27
 9.01    Owner’s Representative .........................................................................................................................................27
 9.02    Visits to Site ...........................................................................................................................................................27
 9.03    Project Representative ...........................................................................................................................................27
 9.04    Authorized Variations in Work ..............................................................................................................................27
 9.05    Rejecting Defective Work.......................................................................................................................................27
 9.06    Shop Drawings, Change Orders and Payments.....................................................................................................28
 9.07    Determinations for Unit Price Work......................................................................................................................28
 9.08    Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28
 9.09    Limitations on Engineer’s Authority and Responsibilities.....................................................................................28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28
 10.01   Authorized Changes in the Work ...........................................................................................................................28
 10.02   Unauthorized Changes in the Work .......................................................................................................................29
 10.03   Execution of Change Orders..................................................................................................................................29
 10.04   Notification to Surety .............................................................................................................................................29
 10.05   Claims ....................................................................................................................................................................29
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30
 11.01   Cost of the Work ....................................................................................................................................................30
 11.02   Allowances .............................................................................................................................................................31
 11.03   Unit Price Work .....................................................................................................................................................31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32
 12.01   Change of Contract Price ......................................................................................................................................32
 12.02   Change of Contract Times .....................................................................................................................................33
 12.03   Delays ....................................................................................................................................................................33
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .......33
 13.01   Notice of Defects ....................................................................................................................................................33
 13.02   Access to Work.......................................................................................................................................................33
 13.03   Tests and Inspections .............................................................................................................................................33
 13.04   Uncovering Work ...................................................................................................................................................34
 13.05   Owner May Stop the Work .....................................................................................................................................34
 13.06   Correction or Removal of Defective Work.............................................................................................................34
 13.07   Correction Period ..................................................................................................................................................34
 13.08   Acceptance of Defective Work ...............................................................................................................................35
 13.09   Owner May Correct Defective Work......................................................................................................................35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ..............................................................................36
 14.01   Schedule of Values .................................................................................................................................................36
 14.02   Progress Payments ................................................................................................................................................36
 14.03   Contractor’s Warranty of Title ..............................................................................................................................37
 14.04   Substantial Completion..........................................................................................................................................37
 14.05   Partial Utilization ..................................................................................................................................................38
 14.06   Final Inspection .....................................................................................................................................................38
 14.07   Final Payment........................................................................................................................................................38
 14.08   Final Completion Delayed.....................................................................................................................................39
 14.09   Waiver of Claims ...................................................................................................................................................39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39
 15.01   Owner May Suspend Work.....................................................................................................................................39
 15.02   Owner May Terminate for Cause...........................................................................................................................39
 15.03   Owner May Terminate For Convenience...............................................................................................................40
 15.04   Contractor May Stop Work or Terminate ..............................................................................................................40
ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................41
 16.01   Methods and Procedures .......................................................................................................................................41
ARTICLE 17 - MISCELLANEOUS .........................................................................................................................................41
 17.01   Giving Notice .........................................................................................................................................................41
 17.02   Computation of Times ............................................................................................................................................41
 17.03   Cumulative Remedies.............................................................................................................................................41
 17.04   Survival of Obligations ..........................................................................................................................................41
 17.05   Controlling Law.....................................................................................................................................................41
 17.06   Headings ................................................................................................................................................................41


   The Plans, Specifications and Addenda hereinafter enumerated in Paragraph 1 of the Supplemental Conditions shall form
   part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set
   forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents
   is solely to facilitate reference to various provisions of the Contract Documents and in no way effect, limit or cast light on
   the interpretation of the provisions to which they refer.
        GENERAL CONDITIONS                                    authorizes an addition, deletion, or revision in the Work
                                                              or an adjustment in the Contract Price or the Contract
                                                              Times, issued on or after the Effective Date of the
ARTICLE 1 - DEFINITIONS AND                                   Agreement.
TERMINOLOGY
                                                                        10. Claim--A demand or assertion by Owner or
                                                              Contractor seeking an adjustment of Contract Price or
                                                              Contract Times, or both, or other relief with respect to the
1.01 Defined Terms                                            terms of the Contract. A demand for money or services by
                                                              a third party is not a Claim.
          A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital                 11. Contract--The entire and integrated written
letters, the terms listed below will have the meanings        agreement between the Owner and Contractor concerning
indicated which are applicable to both the singular and       the Work. The Contract supersedes prior negotiations,
plural thereof. In addition to terms specifically defined,    representations, or agreements, whether written or oral.
terms with initial capital letters in the Contract
Documents include references to identified articles and                12. Contract Documents-- Those items so
paragraphs, and the titles of other documents or forms.       designated in the Agreement. Only printed or hard copies
                                                              of the items listed in the Agreement are Contract
         1. Addenda--Written or graphic instruments           Documents. Approved Shop Drawings, other Contractor’s
issued prior to the opening of Bids which clarify, correct,   submittals, and the reports and drawings of subsurface
or change the Bidding Requirements or the proposed            and physical conditions are not Contract Documents.
Contract Documents.
                                                                        13. Contract Price--The moneys payable by
        2. Agreement--The written instrument which is         Owner to Contractor for completion of the Work in
evidence of the agreement between Owner and Contractor        accordance with the Contract Documents as stated in the
covering the Work.                                            Agreement (subject to the provisions of Paragraph 11.03
                                                              in the case of Unit Price Work).
         3. Application for Payment--The form acceptable
to Engineer which is to be used by Contractor during the                14. Contract Times--The number of days or the
course of the Work in requesting progress or final            dates stated in the Agreement to: (i) achieve Milestones, if
payments and which is to be accompanied by such               any, (ii) achieve Substantial Completion; and (iii) com-
supporting documentation as is required by the Contract       plete the Work so that it is ready for final payment as
Documents.                                                    evidenced by Engineer’s written recommendation of final
                                                              payment.
         4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing            15. Contractor--The individual or entity with
asbestos fibers into the air above current action levels      whom Owner has entered into the Agreement.
established by the United States Occupational Safety and
Health Administration.                                                 16. Cost of the Work--See Paragraph 11.01.A for
                                                              definition.
         5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices              17. Drawings--That part of the Contract
for the Work to be performed.                                 Documents prepared or approved by Engineer which
                                                              graphically shows the scope, extent, and character of the
         6. Bidder--The individual or entity who submits      Work to be performed by Contractor. Shop Drawings and
a Bid directly to Owner.                                      other Contractor submittals are not Drawings as so
                                                              defined.
         7.     Bidding  Documents--The  Bidding
Requirements and the proposed Contract Documents                       18. Effective Date of the Agreement--The date
(including all Addenda).                                      indicated in the Agreement on which it becomes effective,
                                                              but if no such date is indicated, it means the date on
         8. Bidding Requirements--The Advertisement or        which the Agreement is signed and delivered by the last
Invitation to Bid, Instructions to Bidders, bid security of   of the two parties to sign and deliver.
acceptable form, if any, and the Bid Form with any
supplements.                                                           19. Engineer--The individual or entity named as
                                                              such in the Agreement.
        9. Change Order--A document recommended by
Engineer which is signed by Contractor and Owner and
         20. Field Order--A written order issued by            kerosene, and oil mixed with other non-Hazardous Waste
Engineer which requires minor changes in the Work but          and crude oils.
which does not involve a change in the Contract Price or
the Contract Times.                                                     32. Progress Schedule--A schedule, prepared and
                                                               maintained by Contractor, describing the sequence and
          21. General Requirements--Sections of Division       duration of the activities comprising the Contractor’s plan
1 of the Specifications. The General Requirements pertain      to accomplish the Work within the Contract Times.
to all sections of the Specifications.
                                                                       33. Project--The total construction of which the
       22.      Hazardous        Environmental                 Work to be performed under the Contract Documents may
Condition--The presence at the Site of Asbestos,               be the whole, or a part.
PCBs, Petroleum, Hazardous Waste, or
                                                                        34. Project Manual--The bound documentary
Radioactive Material in such quantities or                     information prepared for bidding and constructing the
circumstances that may present a substantial                   Work. A listing of the contents of the Project Manual,
danger to persons or property exposed thereto in               which may be bound in one or more volumes, is
connection with the Work.                                      contained in the table(s) of contents.

         23. Hazardous Waste--The term Hazardous                        35. Radioactive Material--Source, special nucle-
Waste shall have the meaning provided in Section 1004 of       ar, or byproduct material as defined by the Atomic Energy
the Solid Waste Disposal Act (42 USC Section 6903) as          Act of 1954 (42 USC Section 2011 et seq.) as amended
amended from time to time.                                     from time to time.

         24. Laws and Regulations; Laws or Regulations-               36. Related Entity -- An officer, director, partner,
-Any and all applicable laws, rules, regulations, ordinanc-    employee, agent, consultant, or subcontractor.
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.                   37. Resident Project Representative--The autho-
                                                               rized representative of Engineer who may be assigned to
         25. Liens--Charges, security interests, or            the Site or any part thereof.
encumbrances upon Project funds, real property, or
personal property.                                                      38. Samples--Physical examples of materials,
                                                               equipment, or workmanship that are representative of
         26. Milestone--A principal event specified in the     some portion of the Work and which establish the
Contract Documents relating to an intermediate comple-         standards by which such portion of the Work will be
tion date or time prior to Substantial Completion of all the   judged.
Work.
                                                                         39. Schedule of Submittals--A schedule, prepared
        27. Notice of Award--The written notice by             and maintained by Contractor, of required submittals and
Owner to the Successful Bidder stating that upon timely        the time requirements to support scheduled performance
compliance by the Successful Bidder with the conditions        of related construction activities.
precedent listed therein, Owner will sign and deliver the
Agreement.                                                             40. Schedule of Values--A schedule, prepared
                                                               and maintained by Contractor, allocating portions of the
         28. Notice to Proceed--A written notice given by      Contract Price to various portions of the Work and used
Owner to Contractor fixing the date on which the Con-          as the basis for reviewing Contractor’s Applications for
tract Times will commence to run and on which                  Payment.
Contractor shall start to perform the Work under the
Contract Documents.                                                   41. Shop Drawings--All drawings,
                                                               diagrams, illustrations, schedules, and other data
        29. Owner--The individual or entity with whom          or information which are specifically prepared
Contractor has entered into the Agreement and for whom
the Work is to be performed.
                                                               or assembled by or for Contractor and submitted
                                                               by Contractor to illustrate some portion of the
         30. PCBs--Polychlorinated biphenyls.                  Work.

         31. Petroleum--Petroleum, including crude oil or              42. Site--Lands or areas indicated in the Contract
any fraction thereof which is liquid at standard conditions    Documents as being furnished by Owner upon which the
of temperature and pressure (60 degrees Fahrenheit and         Work is to be performed, including rights-of-way and
14.7 pounds per square inch absolute), such as oil,            easements for access thereto, and such other lands
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
furnished by Owner which are designated for the use of         all materials and equipment into such construction, all as
Contractor.                                                    required by the Contract Documents.

         43. Specifications--That part of the Contract                  52. Work Change Directive--A written statement
Documents consisting of written requirements for               to Contractor issued on or after the Effective Date of the
materials,    equipment,    systems,   standards  and          Agreement and signed by Owner and recommended by
workmanship as applied to the Work, and certain                Engineer ordering an addition, deletion, or revision in the
administrative requirements and procedural matters             Work, or responding to differing or unforeseen subsurface
applicable thereto.                                            or physical conditions under which the Work is to be
                                                               performed or to emergencies. A Work Change Directive
          44. Subcontractor--An individual or entity           will not change the Contract Price or the Contract Times
having a direct contract with Contractor or with any other     but is evidence that the parties expect that the change
Subcontractor for the performance of a part of the Work        ordered or documented by a Work Change Directive will
at the Site.                                                   be incorporated in a subsequently issued Change Order
                                                               following negotiations by the parties as to its effect, if
         45. Substantial Completion--The time at which         any, on the Contract Price or Contract Times.
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or      1.02 Terminology
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the                    A. The following words or terms are not defined
Work (or a specified part thereof) can be utilized for the     but, when used in the Bidding Requirements or Contract
purposes for which it is intended. The terms “substantially    Documents, have the following meaning.
complete” and “substantially completed” as applied to all
or part of the Work refer to Substantial Completion
thereof.                                                                B. Intent of Certain Terms or Adjectives

         46. Successful Bidder--The Bidder submitting a                 1. The Contract Documents include the terms “as
responsive Bid to whom Owner makes an award.                   allowed,” “as approved,” “as ordered”, “as directed” or
                                                               terms of like effect or import to authorize an exercise of
        47. Supplementary Conditions--That part of the         professional judgment by Engineer. In addition, the
Contract Documents which amends or supplements these           adjectives “reasonable,” “suitable,” “acceptable,”
General Conditions.                                            “proper,” “satisfactory,” or adjectives of like effect or
                                                               import are used to describe an action or determination of
                                                               Engineer as to the Work. It is intended that such exercise
       48. Supplier--A manufacturer, fabricator,               of professional judgment, action or determination will be
supplier, distributor, materialman, or vendor                  solely to evaluate, in general, the Work for compliance
having a direct contract with Contractor or with               with the requirements of and information in the Contract
any Subcontractor to furnish materials or                      Documents and conformance with the design concept of
                                                               the completed Project as a functioning whole as shown or
equipment to be incorporated in the Work by                    indicated in the Contract Documents (unless there is a
Contractor or any Subcontractor.                               specific statement indicating otherwise). The use of any
                                                               such term or adjective is not intended to and shall not be
         49. Underground Facilities--All underground           effective to assign to Engineer any duty or authority to
pipelines, conduits, ducts, cables, wires, manholes, vaults,   supervise or direct the performance of the Work or any
tanks, tunnels, or other such facilities or attachments, and   duty or authority to undertake responsibility contrary to
any encasements containing such facilities, including          the provisions of Paragraph 9.09 or any other provision of
those that convey electricity, gases, steam, liquid            the Contract Documents.
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other                 C. Day
liquids or chemicals, or traffic or other control systems.
                                                                        1.      The word “day” means a calendar day
          50. Unit Price Work--Work to be paid for on the      of 24 hours measured from midnight to the next midnight.
basis of unit prices.

         51. Work--The entire construction or the various
                                                                        D. Defective
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes                     1. The word “defective,” when modifying the
and is the result of performing or providing all labor,        word “Work,” refers to Work that is unsatisfactory,
services, and documentation necessary to produce such          faulty, or deficient in that it:
construction, and furnishing, installing, and incorporating
         a. does not conform to the Contract Documents,                   B. Evidence of Insurance: Before any Work at
         or                                                     the Site is started, Contractor and Owner shall each
                                                                deliver to the other, with copies to each additional insured
         b. does not meet the requirements of any               identified in the Supplementary Conditions, certificates of
         applicable inspection, reference standard, test, or    insurance (and other evidence of insurance which either
         approval referred to in the Contract Documents,        of them or any additional insured may reasonably request)
         or                                                     which Contractor and Owner respectively are required to
                                                                purchase and maintain in accordance with Article 5.
         c. has been damaged prior to Engineer’s -
         recommendation of final payment (unless                2.02 Copies of Documents
         responsibility for the protection thereof has been
         assumed by Owner at Substantial Completion in                    A. Owner shall furnish to Contractor up to ten
         accordance with Paragraph 14.04 or 14.05).             printed or hard copies of the Drawings and Project
                                                                Manual. Additional copies will be furnished upon request
         E. Furnish, Install, Perform, Provide                  at the cost of reproduction.

          1. The word “furnish,” when used in connection        2.03 Commencement        of                    Contract
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
                                                                Times; Notice to Proceed
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.                      A. The Contract Times will commence to run on
                                                                the thirtieth day after the Effective Date of the Agreement
                                                                or, if a Notice to Proceed is given, on the day indicated in
         2. The word “install,” when used in connection         the Notice to Proceed. A Notice to Proceed may be given
with services, materials, or equipment, shall mean to put       at any time within 30 days after the Effective Date of the
into use or place in final position said services, materials,   Agreement. In no event will the Contract Times com-
or equipment complete and ready for intended use.               mence to run later than the sixtieth day after the day of
                                                                Bid opening or the thirtieth day after the Effective Date of
        3. The words “perform” or “provide,” when used          the Agreement, whichever date is earlier.
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.                  2.04 Starting the Work

          4. When “furnish,” “install,” “perform,” or “pro-              A. Contractor shall start to perform the Work on
vide” is not used in connection with services, materials, or    the date when the Contract Times commence to run. No
equipment in a context clearly requiring an obligation of       Work shall be done at the Site prior to the date on which
Contractor, “provide” is implied.                               the Contract Times commence to run.


         F. Unless stated otherwise in the Contract Docu-       2.05 Before Starting Construction
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are                  A. Preliminary Schedules: Within 10 days after
used in the Contract Documents in accordance with such          the Effective Date of the Agreement (unless otherwise
recognized meaning.                                             specified in the General Requirements), Contractor shall
                                                                submit to Engineer for timely review:

ARTICLE              2      -       PRELIMINARY                         1. a preliminary Progress Schedule; indicating
                                                                the times (numbers of days or dates) for starting and
MATTERS                                                         completing the various stages of the Work, including any
                                                                Milestones specified in the Contract Documents;

                                                                         2. a preliminary Schedule of Submittals; and
2.01 Delivery of Bonds and Evidence of
Insurance
         A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
         3. a preliminary Schedule of Values for all of the   ARTICLE 3 -
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-       CONTRACT DOCUMENTS: INTENT,
vides the Work into component parts in sufficient detail to   AMENDING, REUSE
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.                                            3.01 Intent

2.06 Preconstruction Conference                                        A. The Contract Documents are complementary;
                                                              what is required by one is as binding as if required by all.
         A. Before any Work at the Site is started, a
                                                                       B. It is the intent of the Contract Documents to
conference attended by Owner, Contractor, Engineer, and
                                                              describe a functionally complete Project (or part thereof)
others as appropriate will be held to establish a working
                                                              to be constructed in accordance with the Contract Docu-
understanding among the parties as to the Work and to
                                                              ments. Any labor, documentation, services, materials, or
discuss the schedules referred to in Paragraph 2.05.A,
                                                              equipment that may reasonably be inferred from the
procedures for handling Shop Drawings and other
                                                              Contract Documents or from prevailing custom or trade
submittals, processing Applications for Payment, and
                                                              usage as being required to produce the intended result will
maintaining required records.
                                                              be provided whether or not specifically called for at no
                                                              additional cost to Owner.
2.07 Initial Acceptance of Schedules
                                                                      C. Clarifications and interpretations of the
         A. At least 10 days before submission of the first   Contract Documents shall be issued by Engineer as
Application for Payment a conference attended by              provided in Article 9.
Contractor, Engineer, and others as appropriate will be
held to review for acceptability to Engineer as provided      3.02 Reference Standards
below the schedules submitted in accordance with
Paragraph 2.05.A. Contractor shall have an additional 10
                                                                      A. Standards, Specifications, Codes, Laws, and
days to make corrections and adjustments and to complete
                                                              Regulations
and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are
submitted to Engineer.                                                 1. Reference to standards, specifications,
                                                              manuals, or codes of any technical society, organization,
                                                              or association, or to Laws or Regulations, whether such
        1. The Progress Schedule will be acceptable to
                                                              reference be specific or by implication, shall mean the
Engineer if it provides an orderly progression of the Work
                                                              standard, specification, manual, code, or Laws or Regula-
to completion within the Contract Times. Such acceptance
                                                              tions in effect at the time of opening of Bids (or on the
will not impose on Engineer responsibility for the
                                                              Effective Date of the Agreement if there were no Bids),
Progress Schedule, for sequencing, scheduling, or
                                                              except as may be otherwise specifically stated in the
progress of the Work nor interfere with or relieve
                                                              Contract Documents.
Contractor from Contractor’s full responsibility therefor.
                                                                        2. No provision of any such standard,
         2. Contractor’s Schedule of Submittals will be       specification, manual or code, or any instruction of a
acceptable to Engineer if it provides a workable              Supplier shall be effective to change the duties or
arrangement for reviewing and processing the required         responsibilities of Owner, Contractor, or Engineer, or any
submittals.                                                   of their subcontractors, consultants, agents, or employees
                                                              from those set forth in the Contract Documents. No such
        3. Contractor’s Schedule of Values will be            provision or instruction shall be effective to assign to
acceptable to Engineer as to form and substance if it         Owner, or Engineer, or any of, their Related Entities, any
provides a reasonable allocation of the Contract Price to     duty or authority to supervise or direct the performance of
component parts of the Work.                                  the Work or any duty or authority to undertake respon-
                                                              sibility inconsistent with the provisions of the Contract
                                                              Documents.
3.03 Reporting                 and           Resolving                 A. The Contract Documents may be amended to
                                                              provide for additions, deletions, and revisions in the Work
Discrepancies                                                 or to modify the terms and conditions thereof by either a
                                                              Change Order or a Work Change Directive.
         A. Reporting Discrepancies
                                                                        B. The requirements of the Contract Documents
         1. Contractor’s Review of Contract Documents         may be supplemented, and minor variations and
Before Starting Work: Before undertaking each part of the     deviations in the Work may be authorized, by one or more
Work, Contractor shall carefully study and compare the        of the following ways:
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.                 1. A Field Order;
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which                  2. Engineer’s approval of a Shop Drawing or
Contractor may discover and shall obtain a written            Sample; (Subject to the provisions of Paragraph
interpretation or clarification from Engineer before          6.17.D.3); or
proceeding with any Work affected thereby.
                                                                        3. Engineer’s      written   interpretation   or
         2. Contractor’s Review of Contract Documents         clarification.
During Performance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents       3.05 Reuse of Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of                 A. Contractor and any Subcontractor or Supplier
the Work or of any standard, specification, manual or         or other individual or entity performing or furnishing all
code, or of any instruction of any Supplier, Contractor       of the Work under a direct or indirect contract with
shall promptly report it to Engineer in writing. Contractor   Contractor, shall not:
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.16.A) until                 1. have or acquire any title to or ownership
an amendment or supplement to the Contract Documents                   rights in any of the Drawings, Specifications, or
has been issued by one of the methods indicated in            other documents (or copies of any thereof) prepared by or
Paragraph 3.04.                                               bearing the seal of Engineer or Engineer’s consultants,
                                                              including electronic media editions; or
         3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-            2. reuse any of such Drawings, Specifications,
ity, or discrepancy in the Contract Documents unless                   other documents, or copies thereof on extensions
Contractor knew or reasonably should have known               of the Project or any other project without written consent
thereof.                                                      of Owner and Engineer and specific written verification
                                                              or adaption by Engineer.
         B. Resolving Discrepancies
                                                                       B. The prohibition of this Paragraph 3.05 will
          1. Except as may be otherwise specifically stated   survive final payment, or termination of the Contract.
in the Contract Documents, the provisions of the Contract     Nothing herein shall preclude Contractor from retaining
Documents shall take precedence in resolving any              copies of the Contract Documents for record purposes.
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
                                                              3.06 Electronic Data
         a. the provisions of any standard, specification,
         manual, code, or instruction (whether or not                   A. Copies of data furnished by Owner or
         specifically incorporated by reference in the        Engineer to Contractor or Contractor to Owner or
         Contract Documents); or                              Engineer that may be relied upon are limited to the
                                                              printed copies (also known as hard copies). Files in
                                                              electronic media format of text, data, graphics, or other
         b. the provisions of any Laws or Regulations         types are furnished only for the convenience of the
         applicable to the performance of the Work            receiving party. Any conclusion or information obtained
         (unless such an interpretation of the provisions     or derived from such electronic files will be at the user’s
         of the Contract Documents would result in viola-     sole risk. If there is a discrepancy between the electronic
         tion of such Law or Regulation).                     files and the hard copies, the hard copies govern.

3.04 Amending and                     Supplementing                   B. Because data stored in electronic media
Contract Documents                                            format can deteriorate or be modified inadvertently or
                                                              otherwise without authorization of the data’s creator, the
party receiving electronic files agrees that it will perform    4.02 Subsurface                   and           Physical
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the        Conditions
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the                          A. Reports and Drawings: The Supplementary
transferring party..                                            Conditions identify:

         C. When transferring documents in electronic                    1. those reports of explorations and tests of
media format, the transferring party makes no                   subsurface conditions at or contiguous to the Site that
representations as to long term compatibility, usability, or    Engineer has used in preparing the Contract Documents;
readability of documents resulting from the use of              and
software application packages, operating systems, or
computer hardware differing from those used by the                        2. those drawings of physical conditions in or
data’s creator.                                                 relating to existing surface or subsurface structures at or
                                                                contiguous to the Site (except Underground Facilities)
                                                                that Engineer has used in preparing the Contract
                                                                Documents.
ARTICLE 4 - AVAILABILITY OF
LANDS;    SUBSURFACE     AND                                             B. Limited Reliance by Contractor on Technical
PHYSICAL          CONDITIONS;                                   Data Authorized: Contractor may rely upon the general
                                                                accuracy of the “technical data” contained in such reports
HAZARDOUS     ENVIRONMENTAL                                     and drawings, but such reports and drawings are not
CONDITIONS; REFERENCE POINTS                                    Contract Documents. Such “technical data” is identified
                                                                in the Supplementary Conditions. Except for such reliance
                                                                on such “technical data,” Contractor may not rely upon or
                                                                make any claim against Owner or Engineer, or any of
4.01 Availability of Lands                                      their Related Entities with respect to:

          A. Owner shall furnish the Site. Owner shall                    1. the completeness of such reports and drawings
notify Contractor of any encumbrances or restrictions not       for Contractor’s purposes, including, but not limited to,
of general application but specifically related to use of the   any aspects of the means, methods, techniques,
Site with which Contractor must comply in performing            sequences, and procedures of construction to be employed
the Work. Owner will obtain in a timely manner and pay          by Contractor, and safety precautions and programs
for easements for permanent structures or permanent             incident thereto; or
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or                    2. other data, interpretations, opinions, and
extent, if any, of any adjustment in the Contract Price or      information contained in such reports or shown or
Contract Times, or both, as a result of any delay in            indicated in such drawings; or
Owner’s furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph                       3. any Contractor interpretation of or conclusion
10.05.                                                          drawn from any "technical data" or any such other data,
                                                                interpretations, opinions, or information.
         B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the         4.03 Differing Subsurface or Physical
Work is to be performed and Owner’s interest therein as         Conditions
necessary for giving notice of or filing a mechanic' ors
construction lien against such lands in accordance with                  A. Notice: If Contractor believes that any subsur-
applicable Laws and Regulations.                                face or physical condition at or contiguous to the Site that
                                                                is uncovered or revealed either:
        C. Contractor shall provide for all additional
lands and access thereto that may be required for                        1. is of such a nature as to establish that any
temporary construction facilities or storage of materials       “technical data” on which Contractor is entitled to rely as
and equipment.                                                  provided in Paragraph 4.02 is materially inaccurate; or

                                                                         2. is of such a nature as to require a change in the
                                                                Contract Documents; or
         3. differs materially from that shown or indicated                                           s
                                                                        Contractor prior to Contractor' making such
in the Contract Documents; or                                           final commitment; or

          4. is of an unusual nature, and differs materially            c. Contractor failed to give the written notice as
from conditions ordinarily encountered and generally                    required by Paragraph 4.03.A.
recognized as inherent in work of the character provided
for in the Contract Documents;                                           3. If Owner and Contractor are unable to agree
                                                               on entitlement to or on the amount or extent, if any, of
then Contractor shall, promptly after becoming aware           any adjustment in the Contract Price or Contract Times,
thereof and before further disturbing the subsurface or        or both, a Claim may be made therefor as provided in
physical conditions or performing any Work in connec-          Paragraph 10.05. However, Owner and Engineer, and any
tion therewith (except in an emergency as required by          of their Related Entities shall not be liable to Contractor
Paragraph 6.16.A), notify Owner and Engineer in writing        for any claims, costs, losses, or damages (including but
about such condition. Contractor shall not further disturb     not limited to all fees and charges of engineers, architects,
such condition or perform any Work in connection               attorneys, and other professionals and all court or
therewith (except as aforesaid) until receipt of written       arbitration or other dispute resolution costs) sustained by
order to do so.                                                Contractor on or in connection with any other project or
                                                               anticipated project.
         B. Engineer’s Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will          4.04 Underground Facilities
promptly review the pertinent condition, determine the
                    s
necessity of Owner' obtaining additional exploration or
tests with respect thereto, and advise Owner in writing                 A. Shown or Indicated: The information and data
(with a copy to Contractor) of Engineer’s findings and         shown or indicated in the Contract Documents with
conclusions.                                                   respect to existing Underground Facilities at or
                                                               contiguous to the Site is based on information and data
                                                               furnished to Owner or Engineer by the owners of such
         C. Possible Price and Times Adjustments               Underground Facilities, including Owner, or by others.
                                                               Unless it is otherwise expressly provided in the Sup-
          1. The Contract Price or the Contract Times, or      plementary Conditions:
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical                       1. Owner and Engineer shall not be responsible
condition causes an increase or decrease in Contractor’s       for the accuracy or completeness of any such information
cost of, or time required for, performance of the Work;        or data; and
subject, however, to the following:
                                                                         2. the cost of all of the following will be
         a. such condition must meet any one or more of        included in the Contract Price, and Contractor shall have
         the categories described in Paragraph 4.03.A;         full responsibility for:
         and
                                                                        a. reviewing and checking all such information
         b. with respect to Work that is paid for on a Unit             and data,
         Price Basis, any adjustment in Contract Price
         will be subject to the provisions of Paragraphs
         9.07 and 11.03.                                                b. locating all Underground Facilities shown or
                                                                        indicated in the Contract Documents,
        2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:                  c. coordination of the Work with the owners of
                                                                        such Underground Facilities, including Owner,
                                                                        during construction, and
         a. Contractor knew of the existence of such
         conditions at the time Contractor made a final
         commitment to Owner with respect to Contract                   d. the safety and protection of all such Under-
         Price and Contract Times by the submission of a                ground Facilities and repairing any damage
         Bid or becoming bound under a negotiated                       thereto resulting from the Work.
         contract; or
                                                                        B. Not Shown or Indicated
         b. the existence of such condition could
         reasonably have been discovered or revealed as a               1. If an Underground Facility is uncovered or
         result of any examination, investigation, explo-      revealed at or contiguous to the Site which was not shown
         ration, test, or study of the Site and contiguous     or indicated, or not shown or indicated with reasonable
         areas required by the Bidding Requirements or         accuracy in the Contract Documents, Contractor shall,
         Contract Documents to be conducted by or for          promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any       and drawings, but such reports and drawings are not
Work in connection therewith (except in an emergency as        Contract Documents. Such “technical data” is identified
required by Paragraph 6.16.A), identify the owner of such      in the Supplementary Conditions. Except for such reliance
Underground Facility and give written notice to that           on such “technical data,” Contractor may not rely upon or
owner and to Owner and Engineer. Engineer will                 make any claim against Owner or Engineer, or any of
promptly review the Underground Facility and determine         their Related Entities with respect to:
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the                           1. the completeness of such reports and drawings
consequences of the existence or location of the Under-        for Contractor’s purposes, including, but not limited to,
ground Facility. During such time, Contractor shall be         any aspects of the means, methods, techniques, sequences
responsible for the safety and protection of such              and procedures of construction to be employed by
Underground Facility.                                          Contractor and safety precautions and programs incident
                                                               thereto; or
         2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change                           2. other data, interpretations, opinions and
Directive or a Change Order will be issued to reflect and      information contained in such reports or shown or
document such consequences. An equitable adjustment            indicated in such drawings; or
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the                   3. any Contractor interpretation of or conclusion
existence or location of any Underground Facility that         drawn from any “technical data” or any such other data,
was not shown or indicated or not shown or indicated           interpretations, opinions or information.
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably                C. Contractor shall not be responsible for any
have been expected to be aware of or to have anticipated.      Hazardous Environmental Condition uncovered or re-
If Owner and Contractor are unable to agree on                 vealed at the Site which was not shown or indicated in
entitlement to or on the amount or extent, if any, of any      Drawings or Specifications or identified in the Contract
such adjustment in Contract Price or Contract Times,           Documents to be within the scope of the Work.
Owner or Contractor may make a Claim therefor as               Contractor shall be responsible for a Hazardous
provided in Paragraph 10.05.                                   Environmental Condition created with any materials
                                                               brought to the Site by Contractor, Subcontractors,
4.05 Reference Points                                          Suppliers, or anyone else for whom Contractor is
                                                               responsible.
         A. Owner shall provide engineering surveys to
establish reference points for construction which in                     D. If Contractor encounters a Hazardous
Engineer’s judgment are necessary to enable Contractor         Environmental Condition or if Contractor or anyone for
to proceed with the Work. Contractor shall be responsible      whom Contractor is responsible creates a Hazardous
for laying out the Work, shall protect and preserve the        Environmental Condition, Contractor shall immediately:
established reference points and property monuments, and       (i) secure or otherwise isolate such condition; (ii) stop all
shall make no changes or relocations without the prior         Work in connection with such condition and in any area
written approval of Owner. Contractor shall report to          affected thereby (except in an emergency as required by
Engineer whenever any reference point or property              Paragraph 6.16.A); and (iii) notify Owner and Engineer
monument is lost or destroyed or requires relocation           (and promptly thereafter confirm such notice in writing).
because of necessary changes in grades or locations, and       Owner shall promptly consult with Engineer concerning
shall be responsible for the accurate replacement or           the necessity for Owner to retain a qualified expert to
relocation of such reference points or property                evaluate such condition or take corrective action, if any.
monuments by professionally qualified personnel.
                                                                         E. Contractor shall not be required to resume
                                                               Work in connection with such condition or in any affected
4.06 Hazardous                        Environmental            area until after Owner has obtained any required permits
Condition at Site                                              related thereto and delivered to Contractor written notice:
                                                               (i) specifying that such condition and any affected area is
         A. Reports and Drawings: Reference is made to         or has been rendered safe for the resumption of Work; or
the Supplementary Conditions for the identification of         (ii) specifying any special conditions under which such
those reports and drawings relating to a Hazardous             Work may be resumed safely. If Owner and Contractor
Environmental Condition identified at the Site, if any, that   cannot agree as to entitlement to or on the amount or
have been utilized by the Engineer in the preparation of       extent, if any, of any adjustment in Contract Price or
the Contract Documents.                                        Contract Times, or both, as a result of such Work stop-
                                                               page or such special conditions under which Work is
        B. Limited Reliance by Contractor on Technical         agreed to be resumed by Contractor, either party may
Data Authorized: Contractor may rely upon the general          make a Claim therefor as provided in Paragraph 10.05.
accuracy of the “technical data” contained in such reports
         F. If after receipt of such written notice             ARTICLE   5                -      BONDS             AND
Contractor does not agree to resume such Work based on
a reasonable belief it is unsafe, or does not agree to          INSURANCE
resume such Work under such special conditions, then
Owner may order the portion of the Work that is in the
area affected by such condition to be deleted from the
Work. If Owner and Contractor cannot agree as to                5.01 Performance, Payment, and Other
entitlement to or on the amount or extent, if any, of an        Bonds
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party                  A. Contractor shall furnish performance and
may make a Claim therefor as provided in Paragraph              payment bonds, each in an amount at least equal to the
10.05. Owner may have such deleted portion of the Work          Contract Price as security for the faithful performance and
performed by Owner’s own forces or others in accordance         payment of all of Contractor’s obligations under the
with Article 7.                                                 Contract Documents. These bonds shall remain in effect
                                                                until one year after the date when final payment becomes
         G. To the fullest extent permitted by Laws and         due or until completion of the correction period specified
Regulations, Owner shall indemnify and hold harmless            in Paragraph 13.07, whichever is later, except as provided
Contractor, Subcontractors, and Engineer, and the               otherwise by Laws or Regulations or by the Contract
officers, directors, partners, employees, agents,               Documents. Contractor shall also furnish such other
consultants, and subcontractors of each and any of them         bonds as are required by the Contract Documents.
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of                    B. All bonds shall be in the form prescribed by
engineers, architects, attorneys, and other professionals       the Contract Documents except as provided otherwise by
and all court or arbitration or other dispute resolution        Laws or Regulations, and shall be executed by such
costs) arising out of or relating to a Hazardous                sureties as are named in the current list of “Companies
Environmental Condition, provided that such Hazardous           Holding Certificates of Authority as Acceptable Sureties
Environmental Condition: (i) was not shown or indicated         on Federal Bonds and as Acceptable Reinsuring Compa-
in the Drawings or Specifications or identified in the          nies” as published in Circular 570 (amended) by the
Contract Documents to be included within the scope of           Financial Management Service, Surety Bond Branch, U.S.
the Work, and (ii) was not created by Contractor or by          Department of the Treasury. All bonds signed by an agent
anyone for whom Contractor is responsible. Nothing in           must be accompanied by a certified copy of the agent’s
this Paragraph 4.06. G shall obligate Owner to indemnify        authority to act.
any individual or entity from and against the conse-
quences of that individual’s or entity’s own negligence.                  C. If the surety on any bond furnished by
                                                                Contractor is declared bankrupt or becomes insolvent or
          H. To the fullest extent permitted by Laws and        its right to do business is terminated in any state where
Regulations, Contractor shall indemnify and hold                any part of the Project is located or it ceases to meet the
harmless Owner and Engineer, and the officers, directors,       requirements of Paragraph 5.01.B, Contractor shall
partners,    employees,      agents,     consultants,    and    promptly notify Owner and Engineer and shall, within 20
subcontractors of each and any of them from and against         days after the event giving rise to such notification,
all claims, costs, losses, and damages (including but not       provide another bond and surety, both of which shall
limited to all fees and charges of engineers, architects,       comply with the requirements of Paragraphs 5.01.B and
attorneys, and other professionals and all court or             5.02.
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor          5.02 Licensed Sureties and Insurers
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity                 A. All bonds and insurance required by the
from and against the consequences of that individual’s or       Contract Documents to be purchased and maintained by
entity’s own negligence.                                        Owner or Contractor shall be obtained from surety or
                                                                insurance companies that are duly licensed or authorized
        I. The provisions of Paragraphs 4.02, 4.03, and         in the jurisdiction in which the Project is located to issue
4.04 do not apply to a Hazardous Environmental                  bonds or insurance policies for the limits and coverages
Condition uncovered or revealed at the Site.                    so required. Such surety and insurance companies shall
                                                                also meet such additional requirements and qualifications
                                                                as may be provided in the Supplementary Conditions.

                                                                5.03 Certificates of Insurance
                                                                         A. Contractor shall deliver to Owner, with copies
                                                                to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional                 1. with respect to insurance required by
insured) which Contractor is required to purchase and          Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
maintain.                                                      as additional insured (subject to any customary exclusion
                                                               regarding professional liability) Owner and Engineer, and
         B. Owner shall deliver to Contractor, with copies     any other individuals or entities identified in the Supple-
to each additional insured identified in the Supplementary     mentary Conditions, all of whom shall be listed as addi-
Conditions, certificates of insurance (and other evidence      tional insureds, and include coverage for the respective
of insurance requested by Contractor or any other              officers, directors, partners, employees, agents,
additional insured) which Owner is required to purchase        consultants and subcontractors of each and any of all such
and maintain.                                                  additional insureds, and the insurance afforded to these
                                                               additional insureds shall provide primary coverage for all
                                                               claims covered thereby;
5.04 Contractor’s Liability Insurance
                                                                        2. include at least the specific coverages and be
          A. Contractor shall purchase and maintain such       written for not less than the limits of liability provided in
liability and other insurance as is appropriate for the        the Supplementary Conditions or required by Laws or
Work being performed and as will provide protection            Regulations, whichever is greater;
from claims set forth below which may arise out of or
result from Contractor’s performance of the Work and
Contractor’s other obligations under the Contract                       3. include completed operations insurance;
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or                4. include contractual liability insurance
indirectly employed by any of them to perform any of the       covering Contractor’s indemnity obligations under
Work, or by anyone for whose acts any of them may be           Paragraphs 6.11 and 6.20;
liable:
                                                                        5. contain a provision or endorsement that the
          1. claims under workers’ compensation,               coverage afforded will not be canceled, materially
disability benefits, and other similar employee benefit        changed or renewal refused until at least 30 days prior
acts;                                                          written notice has been given to Owner and Contractor
                                                               and to each other additional insured identified in the
        2. claims for damages because of bodily injury,        Supplementary Conditions to whom a certificate of
occupational sickness or disease, or death of Contractor’s     insurance has been issued (and the certificates of
employees;                                                     insurance furnished by the Contractor pursuant to
                                                               Paragraph 5.03 will so provide);
         3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than                  6. remain in effect at least until final payment
Contractor’s employees;                                        and at all times thereafter when Contractor may be
                                                               correcting, removing, or replacing defective Work in
                                                               accordance with Paragraph 13.07; and
         4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:                                                                 7. with respect to completed operations insur-
                                                               ance, and any insurance coverage written on a claims-
         a. by any person as a result of an offense directly   made basis, remain in effect for at least two years after
         or indirectly related to the employment of such       final payment.
         person by Contractor, or
                                                                        a. Contractor shall furnish Owner and each other
         b. by any other person for any other reason;                   additional insured identified in the Supple-
                                                                        mentary Conditions, to whom a certificate of
                                                                        insurance has been issued, evidence satisfactory
          5. claims for damages, other than to the Work                 to Owner and any such additional insured of
itself, because of injury to or destruction of tangible                 continuation of such insurance at final payment
property wherever located, including loss of use resulting              and one year thereafter.
therefrom; and

         6. claims for damages because of bodily injury or     5.05 Owner’s Liability Insurance
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.                    A. In addition to the insurance required to be
                                                               provided by Contractor under Paragraph 5.04, Owner, at
        B. The policies of insurance required by this          Owner’s option, may purchase and maintain at Owner’s
Paragraph 5.04 shall:                                          expense Owner’s own liability insurance as will protect
Owner against claims which may arise from operations           Engineer, and any other individuals or entities identified
under the Contract Documents.                                  in the Supplementary Conditions, and the officers,
                                                               directors, partners, employees, agents, consultants and
                                                               subcontractors of each and any of them, each of whom is
5.06 Property Insurance                                        deemed to have an insurable interest and shall be listed as
                                                               an insured or additional insured.
        A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain                   C. All the policies of insurance (and the certifi-
property insurance upon the Work at the Site in the            cates or other evidence thereof) required to be purchased
amount of the full replacement cost thereof (subject to        and maintained in accordance with Paragraph 5.06 will
such deductible amounts as may be provided in the              contain a provision or endorsement that the coverage
Supplementary Conditions or required by Laws and               afforded will not be canceled or materially changed or
Regulations). This insurance shall:                            renewal refused until at least 30 days prior written notice
                                                               has been given to Owner and Contractor and to each other
          1. include the interests of Owner, Contractor,       additional insured to whom a certificate of insurance has
Subcontractors, and Engineer, and any other individuals        been issued and will contain waiver provisions in accor-
or entities identified in the Supplementary Conditions,        dance with Paragraph 5.07.
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,                  D. Owner shall not be responsible for purchasing
each of whom is deemed to have an insurable interest and       and maintaining any property insurance specified in this
shall be listed as an insured or additional insured;           Paragraph 5.06 to protect the interests of Contractor,
                                                               Subcontractors, or others in the Work to the extent of any
          2. be written on a Builder’s Risk “all-risk” or      deductible amounts that are identified in the Supple-
open peril or special causes of loss policy form that shall    mentary Conditions. The risk of loss within such
at least include insurance for physical loss or damage to      identified deductible amount will be borne by Contractor,
the Work, temporary buildings, false work, and materials       Subcontractors, or others suffering any such loss, and if
and equipment in transit, and shall insure against at least    any of them wishes property insurance coverage within
the following perils or causes of loss: fire, lightning,       the limits of such amounts, each may purchase and
extended coverage, theft, vandalism and malicious              maintain it at the purchaser’s own expense.
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and                        E. If Contractor requests in writing that other
Regulations, water damage, (other than caused by flood)        special insurance be included in the property insurance
and such other perils or causes of loss as may be specifi-     policies provided under Paragraph 5.06, Owner shall, if
cally required by the Supplementary Conditions;                possible, include such insurance, and the cost thereof will
                                                               be charged to Contractor by appropriate Change Order.
          3. include expenses incurred in the repair or        Prior to commencement of the Work at the Site, Owner
replacement of any insured property (including but not         shall in writing advise Contractor whether or not such
limited to fees and charges of engineers and architects);      other insurance has been procured by Owner.

          4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
                                                               5.07 Waiver of Rights
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in                  A. Owner and Contractor intend that all policies
an Application for Payment recommended by Engineer;            purchased in accordance with Paragraph 5.06 will protect
                                                               Owner, Contractor, Subcontractors, and Engineer, and all
                                                               other individuals or entities identified in the Supple-
         5. allow for partial utilization of the Work by       mentary Conditions to be listed as insureds or additional
Owner;                                                         insureds (and the officers, directors, partners, employees,
                                                               agents, consultants and subcontractors of each and any of
         6. include testing and startup; and                   them) in such policies and will provide primary coverage
                                                               for all losses and damages caused by the perils or causes
         7. be maintained in effect until final payment is     of loss covered thereby. All such policies shall contain
made unless otherwise agreed to in writing by Owner,           provisions to the effect that in the event of payment of
Contractor, and Engineer with 30 days written notice to        any loss or damage the insurers will have no rights of
each other additional insured to whom a certificate of         recovery against any of the insureds or additional insureds
insurance has been issued.                                     thereunder. Owner and Contractor waive all rights against
                                                               each other and their respective officers, directors,
         B. Owner shall purchase and maintain such             partners,     employees,     agents,    consultants     and
boiler and machinery insurance or additional property          subcontractors of each and any of them for all losses and
insurance as may be required by the Supplementary              damages caused by, arising out of or resulting from any of
Conditions or Laws and Regulations which will include          the perils or causes of loss covered by such policies and
the interests of Owner, Contractor, Subcontractors, and        any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,    parties in interest shall object in writing within 15 days
and Engineer, and all other individuals or entities           after the occurrence of loss to Owner’s exercise of this
identified in the Supplementary Conditions to be listed as    power. If such objection be made, Owner as fiduciary
insured or additional insured (and the officers, directors,   shall make settlement with the insurers in accordance with
partners,     employees,    agents,    consultants     and    such agreement as the parties in interest may reach. If no
subcontractors of each and any of them) under such            such agreement among the parties in interest is reached,
policies for losses and damages so caused. None of the        Owner as fiduciary shall adjust and settle the loss with the
above waivers shall extend to the rights that any party       insurers and, if required in writing by any party in
making such waiver may have to the proceeds of                interest, Owner as fiduciary shall give bond for the proper
insurance held by Owner as trustee or otherwise payable       performance of such duties.
under any policy so issued.
                                                              5.09 Acceptance      of   Bonds                       and
          B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,    Insurance; Option to Replace
partners,    employees,     agents,   consultants     and
subcontractors of each and any of them for:                             A. If either Owner or Contractor has any
                                                              objection to the coverage afforded by or other provisions
         1. loss due to business interruption, loss of use,   of the bonds or insurance required to be purchased and
or other consequential loss extending beyond direct           maintained by the other party in accordance with Article 5
physical loss or damage to Owner’s property or the Work       on the basis of non-conformance with the Contract
caused by, arising out of, or resulting from fire or other    Documents, the objecting party shall so notify the other
perils whether or not insured by Owner; and                   party in writing within 10 days after receipt of the
                                                              certificates (or other evidence requested) required by
          2. loss or damage to the completed Project or       Paragraph 2.01.B. Owner and Contractor shall each
part thereof caused by, arising out of, or resulting from     provide to the other such additional information in respect
fire or other insured peril or cause of loss covered by any   of insurance provided as the other may reasonably
property insurance maintained on the completed Project        request. If either party does not purchase or maintain all
or part thereof by Owner during partial utilization           of the bonds and insurance required of such party by the
pursuant to Paragraph 14.05, after Substantial Completion     Contract Documents, such party shall notify the other
pursuant to Paragraph 14.04, or after final payment           party in writing of such failure to purchase prior to the
pursuant to Paragraph 14.07.                                  start of the Work, or of such failure to maintain prior to
                                                              any change in the required coverage. Without prejudice to
                                                              any other right or remedy, the other party may elect to
         C. Any insurance policy maintained by Owner          obtain equivalent bonds or insurance to protect such other
covering any loss, damage or consequential loss referred            s
                                                              party' interests at the expense of the party who was
to in Paragraph 5.07.B shall contain provisions to the        required to provide such coverage, and a Change Order
effect that in the event of payment of any such loss,         shall be issued to adjust the Contract Price accordingly.
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,   5.10 Partial                Utilization,
agents, consultants and subcontractors of each and any of     Acknowledgment of Property Insurer
them.
                                                                       A. If Owner finds it necessary to occupy or use a
5.08 Receipt and                  Application           of    portion or portions of the Work prior to Substantial
Insurance Proceeds                                            Completion of all the Work as provided in Paragraph
                                                              14.05, no such use or occupancy shall commence before
                                                              the insurers providing the property insurance pursuant to
          A. Any insured loss under the policies of           Paragraph 5.06 have acknowledged notice thereof and in
insurance required by Paragraph 5.06 will be adjusted         writing effected any changes in coverage necessitated
with Owner and made payable to Owner as fiduciary for         thereby. The insurers providing the property insurance
the insureds, as their interests may appear, subject to the   shall consent by endorsement on the policy or policies,
requirements of any applicable mortgage clause and of         but the property insurance shall not be canceled or
Paragraph 5.08.B. Owner shall deposit in a separate           permitted to lapse on account of any such partial use or
account any money so received and shall distribute it in      occupancy.
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and      ARTICLE 6 - CONTRACTOR’S RE-
the cost thereof covered by an appropriate Change Order .
                                                              SPONSIBILITIES
         B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
6.01 Supervision and Superintendence                              guarantees required by the Specifications shall expressly
                                                                  run to the benefit of Owner. If required by Engineer,
                                                                  Contractor shall furnish satisfactory evidence (including
         A. Contractor shall supervise, inspect, and direct       reports of required tests) as to the source, kind, and
the Work competently and efficiently, devoting such               quality of materials and equipment.
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely                         C. All materials and equipment shall be stored,
responsible for the means, methods, techniques,                   applied, installed, connected, erected, protected, used,
sequences, and procedures of construction. Contractor             cleaned, and conditioned in accordance with instructions
shall not be responsible for the negligence of Owner or           of the applicable Supplier, except as otherwise may be
Engineer in the design or specification of a specific             provided in the Contract Documents.
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly         6.04 Progress Schedule
required by the Contract Documents.
                                                                          A. Contractor shall adhere to the Progress
         B. At all times during the progress of the Work,         Schedule established in accordance with Paragraph 2.07
Contractor shall assign a competent resident superin-             as it may be adjusted from time to time as provided
tendent who shall not be replaced without written notice          below.
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor’s                     1. Contractor shall submit to Engineer for
representative at the Site and shall have authority to act on     acceptance (to the extent indicated in Paragraph 2.07)
behalf of Contractor. All communications given to or              proposed adjustments in the Progress Schedule that will
received from the superintendent shall be binding on              not result in changing the Contract Times. Such adjust-
Contractor.                                                       ments will comply with any provisions of the General Re-
                                                                  quirements applicable thereto.
6.02 Labor; Working Hours
                                                                          2. Proposed adjustments in the Progress
         A. Contractor shall provide competent, suitably          Schedule that will change the Contract Times shall be
qualified personnel to survey and lay out the Work and            submitted in accordance with the requirements of Article
perform construction as required by the Contract Docu-            12. Adjustments in Contract Times may only be made by
ments. Contractor shall at all times maintain good disci-         a Change Order.
pline and order at the Site.
                                                                  6.05 Substitutes and “Or-Equals”
          B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site                  A. Whenever an item of material or equipment is
or adjacent thereto, and except as otherwise stated in the        specified or described in the Contract Documents by
Contract Documents, all Work at the Site shall be                 using the name of a proprietary item or the name of a
performed during regular working hours. Contractor will           particular Supplier, the specification or description is
not permit the performance of Work on a Saturday,                 intended to establish the type, function, appearance, and
Sunday, or any legal holiday without Owner’s written              quality required. Unless the specification or description
consent (which will not be unreasonably withheld) given           contains or is followed by words reading that no like,
after prior written notice to Engineer.                           equivalent, or “or-equal” item or no substitution is
                                                                  permitted, other items of material or equipment or
6.03 Services,                  Materials,               and      material or equipment of other Suppliers may be
                                                                  submitted to Engineer for review under the circumstances
Equipment                                                         described below.

          A. Unless otherwise specified in the Contract                    1. “Or-Equal” Items: If in Engineer’s sole
Documents, Contractor shall provide and assume full               discretion an item of material or equipment proposed by
responsibility for all services, materials, equipment, labor,     Contractor is functionally equal to that named and
transportation, construction equipment and machinery,             sufficiently similar so that no change in related Work will
tools, appliances, fuel, power, light, heat, telephone,           be required, it may be considered by Engineer as an
water, sanitary facilities, temporary facilities, and all other   “or-equal” item, in which case review and approval of the
facilities and incidentals necessary for the performance,         proposed item may, in Engineer’s sole discretion, be
testing, start-up, and completion of the Work.                    accomplished without compliance with some or all of the
                                                                  requirements for approval of proposed substitute items.
        B. All materials and equipment incorporated into          For the purposes of this Paragraph 6.05.A.1, a proposed
the Work shall be as specified or, if not specified, shall be     item of material or equipment will be considered
of good quality and new, except as otherwise provided in          functionally equal to an item so named if:
the Contract Documents. All special warranties and
         a. in the exercise of reasonable judgment
         Engineer determines that:                                              b) be similar in substance to that
                                                                                specified, and
                   1) it is at least equal in materials of
         construction, quality, durability, appearance,                         c) be suited to the same use as that
         strength, and design characteristics;                                  specified;

                  2) it will reliably perform at least                          2) will state:
         equally well the function and achieve the results
         imposed by the design concept of the completed                         a) the extent, if any, to which the use of
         Project as a functioning whole,                                        the proposed substitute item will preju-
                                                                                dice Contractor’s achievement of
                  3) it has a proven record of performance                      Substantial Completion on time;
         and availability of responsive service; and
                                                                                b) whether or not use of the proposed
         b. Contractor certifies that, if approved and                          substitute item in the Work will require
         incorporated into the Work:                                            a change in any of the Contract Docu-
                                                                                ments (or in the provisions of any other
                1) there will be no increase in cost to                         direct contract with Owner for other
         the Owner or increase in Contract Times, and                           work on the Project) to adapt the design
                                                                                to the proposed substitute item; and
                  2) it will conform substantially to the
         detailed requirements of the item named in the                         c) whether or not incorporation or use
         Contract Documents.                                                    of the proposed substitute item in con-
                                                                                nection with the Work is subject to
2. Substitute Items                                                             payment of any license fee or royalty;

         a. If in Engineer’s sole discretion an item of                         3) will identify:
         material or equipment proposed by Contractor
         does not qualify as an “or-equal” item under                           a) all variations of the proposed
         Paragraph 6.05.A.1, it will be considered a                            substitute item from that specified , and
         proposed substitute item.
                                                                                b)    available  engineering,   sales,
         b. Contractor shall submit sufficient information                      maintenance, repair, and replacement
         as provided below to allow Engineer to                                 services;
         determine that the item of material or equipment
         proposed is essentially equivalent to that named                       4) and shall contain an itemized esti-
         and an acceptable substitute therefor. Requests               mate of all costs or credits that will result
         for review of proposed substitute items of                    directly or indirectly from use of such substitute
         material or equipment will not be accepted by                 item, including costs of redesign and claims of
         Engineer from anyone other than Contractor.                   other contractors affected by any resulting
                                                                       change,
         c. The requirements for review by Engineer will
         be as set forth in Paragraph 6.05.A.2.d, as                     B. Substitute Construction Methods or Proce-
         supplemented in the General Requirements and          dures: If a specific means, method, technique, sequence,
         as Engineer may decide is appropriate under the       or procedure of construction is expressly required by the
         circumstances.                                        Contract Documents, Contractor may furnish or utilize a
                                                               substitute means, method, technique, sequence, or
         d. Contractor shall make written application to       procedure of construction approved by Engineer.
         Engineer for review of a proposed substitute item     Contractor shall submit sufficient information to allow
         of material or equipment that Contractor seeks to     Engineer, in Engineer’s sole discretion, to determine that
         furnish or use. The application:                      the substitute proposed is equivalent to that expressly
                                                               called for by the Contract Documents. The requirements
                  1) shall certify that the proposed substi-   for review by Engineer will be similar to those provided
         tute item will:                                       in Paragraph 6.05.A.2.

                  a) perform adequately the functions and               C. Engineer’s Evaluation: Engineer will be
                  achieve the results called for by the        allowed a reasonable time within which to evaluate each
                  general design,                              proposal or submittal made pursuant to Paragraphs 6.05.A
                                                               and 6.05.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.            cost occasioned by such replacement, and an appropriate
Engineer will be the sole judge of acceptability. No “or       Change Order will be issued . No acceptance by Owner of
equal” or substitute will be ordered, installed or utilized    any such Subcontractor, Supplier, or other individual or
until Engineer’s review is complete, which will be             entity, whether initially or as a replacement, shall consti-
evidenced by either a Change Order for a substitute or an      tute a waiver of any right of Owner or Engineer to reject
approved Shop Drawing for an “or equal.” Engineer will         defective Work.
advise Contractor in writing of any negative
determination.                                                           C. Contractor shall be fully responsible to Owner
                                                               and Engineer for all acts and omissions of the
          D. Special Guarantee: Owner may require              Subcontractors, Suppliers, and other individuals or
Contractor to furnish at Contractor’s expense a special        entities performing or furnishing any of the Work just as
performance guarantee or other surety with respect to any      Contractor is responsible for Contractor’s own acts and
substitute.                                                    omissions. Nothing in the Contract Documents:

         E. Engineer’s Cost Reimbursement: Engineer                      1. shall create for the benefit of any such
will record Engineer’s costs in evaluating a substitute        Subcontractor, Supplier, or other individual or entity any
proposed or submitted by Contractor pursuant to                contractual relationship between Owner or Engineer and
Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer         any such Subcontractor, Supplier or other individual or
approves a substitute item so proposed or submitted by         entity, nor
Contractor, Contractor shall reimburse Owner for the
charges of Engineer for evaluating each such proposed                   2. shall anything in the Contract Documents
substitute. Contractor shall also reimburse Owner for the               create any obligation on the part of Owner or
charges of Engineer for making changes in the Contract         Engineer to pay or to see to the payment of any moneys
Documents (or in the provisions of any other direct            due any such Subcontractor, Supplier, or other individual
contract with Owner) resulting from the acceptance of          or entity except as may otherwise be required by Laws
each proposed substitute.                                      and Regulations.

        F. Contractor’s Expense: Contractor shall                       D. Contractor shall be solely responsible for
provide all data in support of any proposed substitute or      scheduling and coordinating the Work of Subcontractors,
“or-equal” at Contractor’s expense.                            Suppliers, and other individuals or entities performing or
                                                               furnishing any of the Work under a direct or indirect
                                                               contract with Contractor.
6.06 Concerning                      Subcontractors,
Suppliers, and Others                                                   E. Contractor shall require all Subcontractors,
                                                               Suppliers, and such other individuals or entities per-
          A. Contractor shall not employ any Subcon-           forming or furnishing any of the Work to communicate
tractor, Supplier, or other individual or entity (including    with Engineer through Contractor.
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against                 F. The divisions and sections of the Specifica-
whom Owner may have reasonable objection. Contractor           tions and the identifications of any Drawings shall not
shall not be required to employ any Subcontractor,             control Contractor in dividing the Work among Subcon-
Supplier, or other individual or entity to furnish or          tractors or Suppliers or delineating the Work to be
perform any of the Work against whom Contractor has            performed by any specific trade.
reasonable objection.
                                                                        G. All Work performed for Contractor by a
          B. If the Supplementary Conditions require the       Subcontractor or Supplier will be pursuant to an appro-
identity of certain Subcontractors, Suppliers, or other        priate agreement between Contractor and the
individuals or entities to be submitted to Owner in            Subcontractor or Supplier which specifically binds the
advance for acceptance by Owner by a specified date            Subcontractor or Supplier to the applicable terms and
prior to the Effective Date of the Agreement, and if           conditions of the Contract Documents for the benefit of
Contractor has submitted a list thereof in accordance with     Owner and Engineer. Whenever any such agreement is
the Supplementary Conditions, Owner’s acceptance               with a Subcontractor or Supplier who is listed as an
(either in writing or by failing to make written objection     additional insured on the property insurance provided in
thereto by the date indicated for acceptance or objection      Paragraph 5.06, the agreement between the Contractor
in the Bidding Documents or the Contract Documents) of         and the Subcontractor or Supplier will contain provisions
any such Subcontractor, Supplier, or other individual or       whereby the Subcontractor or Supplier waives all rights
entity so identified may be revoked on the basis of reason-    against Owner, Contractor, and Engineer,, and all other
able objection after due investigation. Contractor shall       individuals or entities identified in the Supplementary
submit an acceptable replacement for the rejected              Conditions to be listed as insureds or additional insureds
Subcontractor, Supplier, or other individual or entity, and    (and the officers, directors, partners, employees, agents,
the Contract Price will be adjusted by the difference in the   consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,           responsible for monitoring Contractor’s compliance with
relating to, or resulting from any of the perils or causes of   any Laws or Regulations.
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any                 B. If Contractor performs any Work knowing or
such policies require separate waiver forms to be signed        having reason to know that it is contrary to Laws or
by any Subcontractor or Supplier, Contractor will obtain        Regulations, Contractor shall bear all claims, costs,
the same.                                                       losses, and damages (including but not limited to all fees
                                                                and charges of engineers, architects, attorneys, and other
6.07 Patent Fees and Royalties                                  professionals and all court or arbitration or other dispute
                                                                resolution costs) arising out of or relating to such Work.
                                                                However, it shall not be Contractor’s primary
          A. Contractor shall pay all license fees and          responsibility to make certain that the Specifications and
royalties and assume all costs incident to the use in the       Drawings are in accordance with Laws and Regulations,
performance of the Work or the incorporation in the Work        but this shall not relieve Contractor of Contractor’s
of any invention, design, process, product, or device           obligations under Paragraph 3.03.
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use                 C. Changes in Laws or Regulations not known at
in the performance of the Work and if to the actual             the time of opening of Bids (or, on the Effective Date of
knowledge of Owner or Engineer its use is subject to            the Agreement if there were no Bids) having an effect on
patent rights or copyrights calling for the payment of any      the cost or time of performance of the Work shall be the
license fee or royalty to others, the existence of such         subject of an adjustment in Contract Price or Contract
rights shall be disclosed by Owner in the Contract              Times. If Owner and Contractor are unable to agree on
Documents.                                                      entitlement to or on the amount or extent, if any, of any
                                                                such adjustment, a Claim may be made therefor as
          B. To the fullest extent permitted by Laws and        provided in Paragraph 10.05.
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,       6.10 Taxes
partners,     employees,      agents,    consultants     and
subcontractors of each and any of them from and against                  A. Contractor shall pay all sales, consumer, use,
all claims, costs, losses, and damages (including but not       and other similar taxes required to be paid by Contractor
limited to all fees and charges of engineers, architects,       in accordance with the Laws and Regulations of the place
attorneys, and other professionals and all court or             of the Project which are applicable during the
arbitration or other dispute resolution costs) arising out of   performance of the Work.
or relating to any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of         6.11 Use of Site and Other Areas
any invention, design, process, product, or device not
specified in the Contract Documents.                                     A. Limitation on Use of Site and Other Areas

6.08 Permits                                                             1. Contractor shall confine construction equip-
                                                                ment, the storage of materials and equipment, and the
         A. Unless otherwise provided in the Supple-            operations of workers to the Site and other areas
mentary Conditions, Contractor shall obtain and pay for         permitted by Laws and Regulations, and shall not
all construction permits and licenses. Owner shall assist       unreasonably encumber the Site and other areas with
Contractor, when necessary, in obtaining such permits           construction equipment or other materials or equipment.
and licenses. Contractor shall pay all governmental             Contractor shall assume full responsibility for any
charges and inspection fees necessary for the prosecution       damage to any such land or area, or to the owner or
of the Work which are applicable at the time of opening         occupant thereof, or of any adjacent land or areas
of Bids, or, if there are no Bids, on the Effective Date of     resulting from the performance of the Work.
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service                   2. Should any claim be made by any such owner
to the Work.                                                    or occupant because of the performance of the Work,
                                                                Contractor shall promptly settle with such other party by
                                                                negotiation or otherwise resolve the claim by arbitration
6.09 Laws and Regulations                                       or other dispute resolution proceeding or at law.

         A. Contractor shall give all notices required by                 3. To the fullest extent permitted by Laws and
and shall comply with all Laws and Regulations applica-         Regulations, Contractor shall indemnify and hold
ble to the performance of the Work. Except where                harmless Owner and Engineer, and the officers, directors,
otherwise expressly required by applicable Laws and             partners,     employees,     agents,   consultants   and
Regulations, neither Owner nor Engineer shall be                subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not                 2. all the Work and materials and equipment to
limited to all fees and charges of engineers, architects,       be incorporated therein, whether in storage on or off the
attorneys, and other professionals and all court or             Site; and
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,                  3. other property at the Site or adjacent thereto,
brought by any such owner or occupant against Owner,            including trees, shrubs, lawns, walks, pavements,
Engineer, or any other party indemnified hereunder to the       roadways, structures, utilities, and Underground Facilities
                                              s
extent caused by or based upon Contractor' performance          not designated for removal, relocation, or replacement in
of the Work.                                                    the course of construction.

         B. Removal of Debris During Performance of the                  B. Contractor shall comply with all applicable
Work: During the progress of the Work Contractor shall          Laws and Regulations relating to the safety of persons or
keep the Site and other areas free from accumulations of        property, or to the protection of persons or property from
waste materials, rubbish, and other debris. Removal and         damage, injury, or loss; and shall erect and maintain all
disposal of such waste materials, rubbish, and other debris     necessary safeguards for such safety and protection.
shall conform to applicable Laws and Regulations.               Contractor shall notify owners of adjacent property and of
                                                                Underground Facilities and other utility owners when
          C. Cleaning: Prior to Substantial Completion of       prosecution of the Work may affect them, and shall
the Work Contractor shall clean the Site and the Work           cooperate with them in the protection, removal,
and make it ready for utilization by Owner. At the com-         relocation, and replacement of their property.
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and                         C. All damage, injury, or loss to any property
machinery, and surplus materials and shall restore to           referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
original condition all property not designated for              directly or indirectly, in whole or in part, by Contractor,
alteration by the Contract Documents.                           any Subcontractor, Supplier, or any other individual or
                                                                entity directly or indirectly employed by any of them to
         D. Loading Structures: Contractor shall not load       perform any of the Work, or anyone for whose acts any of
nor permit any part of any structure to be loaded in any        them may be liable, shall be remedied by Contractor
manner that will endanger the structure, nor shall              (except damage or loss attributable to the fault of Draw-
Contractor subject any part of the Work or adjacent             ings or Specifications or to the acts or omissions of
property to stresses or pressures that will endanger it.        Owner or Engineer or , or anyone employed by any of
                                                                them, or anyone for whose acts any of them may be
6.12 Record Documents                                           liable, and not attributable, directly or indirectly, in whole
                                                                or in part, to the fault or negligence of Contractor or any
                                                                Subcontractor, Supplier, or other individual or entity
         A. Contractor shall maintain in a safe place at the    directly or indirectly employed by any of them).
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in                D. Contractor’s duties and responsibilities for
good order and annotated to show changes made during            safety and for protection of the Work shall continue until
construction. These record documents together with all          such time as all the Work is completed and Engineer has
approved Samples and a counterpart of all approved Shop         issued a notice to Owner and Contractor in accordance
Drawings will be available to Engineer for reference.           with Paragraph 14.07.B that the Work is acceptable
Upon completion of the Work, these record documents,            (except as otherwise expressly provided in connection
Samples, and Shop Drawings will be delivered to Engi-           with Substantial Completion).
neer for Owner.
                                                                6.14 Safety Representative
6.13 Safety and Protection
                                                                        A. Contractor shall designate a qualified and
          A. Contractor shall be solely responsible for         experienced safety representative at the Site whose duties
initiating, maintaining and supervising all safety precau-      and responsibilities shall be the prevention of accidents
tions and programs in connection with the Work.                 and the maintaining and supervising of safety precautions
Contractor shall take all necessary precautions for the         and programs.
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:                              6.15 Hazard Communication Programs
        1. all persons on the Site or who may be affected               A. Contractor shall be responsible for coordi-
by the Work;                                                    nating any exchange of material safety data sheets or
                                                                other hazard communication information required to be
                                                                made available to or exchanged between or among
employers at the Site in accordance with Laws or              and approval of the pertinent submittal will be at the sole
Regulations.                                                  expense and responsibility of Contractor.

6.16 Emergencies                                                       C. Submittal Procedures


          A. In emergencies affecting the safety or protec-           1. Before submitting each Shop Drawing or
tion of persons or the Work or property at the Site or        Sample, Contractor shall have determined and verified:
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give              a. all field measurements, quantities, dimensions,
Engineer prompt written notice if Contractor believes that             specified performance and design criteria,
any significant changes in the Work or variations from the             installation requirements, materials, catalog
Contract Documents have been caused thereby or are                     numbers, and similar information with respect
required as a result thereof. If Engineer determines that a            thereto;
change in the Contract Documents is required because of
the action taken by Contractor in response to such an                  b. the suitability of all materials with respect to
emergency, a Work Change Directive or Change Order                     intended use, fabrication, shipping, handling,
will be issued.                                                        storage, assembly, and installation pertaining to
                                                                       the performance of the Work;
6.17 Shop Drawings and Samples
                                                                       c. all information relative to Contractor’s
                                                                       responsibilities for means, methods, techniques,
          A. Contractor shall submit Shop Drawings and                 sequences, and procedures of construction, and
Samples to Engineer for review and approval in accor-                  safety precautions and programs incident thereto;
dance with the acceptable Schedule of Submittals (as                   and
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
                                                                       d. shall also have reviewed and coordinated each
                                                                       Shop Drawing or Sample with other Shop
         1. Shop Drawings                                              Drawings and Samples and with the
                                                                       requirements of the Work and the Contract
         a. Submit number of copies specified in the                   Documents.
         General Requirements.
                                                                       2. Each submittal shall bear a stamp or specific
         b. Data shown on the Shop Drawings will be           written certification that Contractor has satisfied
         complete with respect to quantities, dimensions,     Contractor’s obligations under the Contract Documents
         specified performance and design criteria,           with respect to Contractor’s review and approval of that
         materials, and similar data to show Engineer the     submittal.
         services, materials, and equipment Contractor
         proposes to provide and to enable Engineer to                3. With each submittal, Contractor shall
         review the information for the limited purposes
         required by Paragraph 6.17.D.
                                                              give Engineer specific written notice of any
                                                              variations, that the Shop Drawing or Sample
        2. Samples: Contractor shall also submit              may have from the requirements of the Contract
Samples to Engineer for review and approval in accor-         Documents. This notice shall be both a written
dance with the acceptable schedule of Shop Drawings and       communication separate from the Shop
Sample submittals.                                            Drawing’s or Sample Submittal; and, in
                                                              addition, by a specific notation made on each
         a. Submit number of Samples specified in the
         Specifications.
                                                              Shop Drawing or Sample submitted to Engineer
                                                              for review and approval of each such variation.
         b. Clearly identify each Sample as to material,
         Supplier, pertinent data such as catalog numbers,             D. Engineer’s Review
         the use for which intended and other data as
         Engineer may require to enable Engineer to                    1. Engineer will provide timely review of Shop
         review the submittal for the limited purposes        Drawings and Samples in accordance with the Schedule
         required by Paragraph 6.17.D.                        of Submittals acceptable to Engineer. Engineer’s review
                                                              and approval will be only to determine if the items
          B. Where a Shop Drawing or Sample is required       covered by the submittals will, after installation or
by the Contract Documents or the Schedule of Submittals       incorporation in the Work, conform to the information
, any related Work performed prior to Engineer’s review       given in the Contract Documents and be compatible with
                                                              the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-                    1. abuse, modification, or improper maintenance
ments.                                                         or operation by persons other than Contractor, Sub-
                                                               contractors, Suppliers, or any other individual or entity for
         2. Engineer’s review and approval will not            whom Contractor is responsible; or
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular                   2. normal wear and tear under normal usage.
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the               C. Contractor’s obligation to perform and
Contract Documents) or to safety precautions or programs       complete the Work in accordance with the Contract
incident thereto. The review and approval of a separate        Documents shall be absolute. None of the following will
item as such will not indicate approval of the assembly in     constitute an acceptance of Work that is not in accordance
which the item functions.                                      with the Contract Documents or a release of Contractor’s
                                                               obligation to perform the Work in accordance with the
         3. Engineer’s review and approval shall not           Contract Documents:
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless                  1. observations by Engineer;
Contractor has complied with the requirements of
Paragraph 6.17.C.3 and Engineer has given written                     2. recommendation by Engineer or payment by
approval of each such variation by specific written            Owner of any progress or final payment;
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer’s review and approval
shall not relieve Contractor from responsibility for                   3. the issuance of a certificate of Substantial
complying with the requirements of Paragraph 6.17.C.1.         Completion by Engineer or any payment related thereto
                                                               by Owner;
         E. Resubmittal Procedures
                                                                        4. use or occupancy of the Work or any part
                                                               thereof by Owner;
         1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,                 5. any review and approval of a Shop Drawing or
new Samples for review and approval. Contractor shall          Sample submittal or the issuance of a notice of acceptabil-
direct specific attention in writing to revisions other than   ity by Engineer;
the corrections called for by Engineer on previous
submittals.                                                             6. any inspection, test, or approval by others; or

                                                                        7. any correction of defective Work by Owner.
6.18 Continuing the Work
        A. Contractor shall carry on the Work and adhere
                                                               6.20 Indemnification
to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or                     A. To the fullest extent permitted by Laws and
postponed pending resolution of any disputes or                Regulations, Contractor shall indemnify and hold
disagreements, except as permitted by Paragraph 15.04 or       harmless Owner and Engineer, and the officers, directors,
as Owner and Contractor may otherwise agree in writing.        partners,     employees,      agents,     consultants     and
                                                               subcontractors of each and any of them from and against
                                                               all claims, costs, losses, and damages (including but not
6.19 Contractor’s General Warranty                             limited to all fees and charges of engineers, architects,
and Guarantee                                                  attorneys, and other professionals and all court or
                                                               arbitration or other dispute resolution costs) arising out of
         A. Contractor warrants and guarantees to Owner        or relating to the performance of the Work, provided that
that all Work will be in accordance with the Contract          any such claim, cost, loss, or damage is attributable to
Documents and will not be defective. Engineer and its          bodily injury, sickness, disease, or death, or to injury to or
Related Entities shall be entitled to rely on representation   destruction of tangible property (other than the Work
of Contractor’s warranty and guarantee.                        itself), including the loss of use resulting therefrom but
                                                               only to the extent caused by any negligent act or omission
                                                               of Contractor, any Subcontractor, any Supplier, or any
        B. Contractor’s warranty and guarantee                 individual or entity directly or indirectly employed by any
hereunder excludes defects or damage caused by:                of them to perform any of the Work or anyone for whose
                                                               acts any of them may be liable .

                                                                         B. In any and all claims against Owner or
                                                               Engineer or any of their respective consultants, agents,
                                                               officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such          specified to Contractor all performance and design criteria
employee) of Contractor, any Subcontractor, any                 that such services must satisfy.
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or                   D. Pursuant to this Paragraph 6.21, Engineer’s
anyone for whose acts any of them may be liable, the            review and approval of design calculations and design
indemnification obligation under Paragraph 6.20.A shall         drawings will be only for the limited purpose of checking
not be limited in any way by any limitation on the amount       for conformance with performance and design criteria
or type of damages, compensation, or benefits payable by        given and the design concept expressed in the Contract
or for Contractor or any such Subcontractor, Supplier, or       Documents. Engineer’s review and approval of Shop
other individual or entity under workers’ compensation          Drawings and other submittals (except design calculations
acts, disability benefit acts, or other employee benefit        and design drawings) will be only for the purpose stated
acts.                                                           in Paragraph 6.17.D.1.

        C. The indemnification obligations of Contractor                E. Contractor shall not be responsible for the
under Paragraph 6.20.A shall not extend to the liability of     adequacy of the performance or design criteria required
Engineer and Engineer’s officers, directors, partners,          by the Contract Documents.
employees, agents, consultants and subcontractors arising
out of:

         1. the preparation or approval of, or the failure to   ARTICLE 7 - OTHER WORK AT THE
prepare or approve, maps, Drawings, opinions, reports,          SITE
surveys, Change Orders, designs, or Specifications; or

        2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or        7.01 Related Work at Site
damage.
                                                                          A. Owner may perform other work related to the
6.21 Delegation of Professional Design                          Project at the Site with Owner’s employees, or via other
                                                                direct contracts therefor, or have other work performed by
Services                                                        utility owners. If such other work is not noted in the Con-
                                                                tract Documents, then:
          A. Contractor will not be required to provide
professional design services unless such services are                   1. written notice thereof will be given to
specifically required by the Contract Documents for a           Contractor prior to starting any such other work; and
portion of the Work or unless such services are required
to carry out Contractor’s responsibilities for construction              2. if Owner and Contractor are unable to agree
means, methods, techniques, sequences and procedures.           on entitlement to or on the amount or extent, if any, of
Contractor shall not be required to provide professional        any adjustment in the Contract Price or Contract Times
services in violation of applicable law.                        that should be allowed as a result of such other work, a
                                                                Claim may be made therefor as provided in Paragraph
          B. If professional design services or                 10.05.
certifications by a design professional related to systems,
materials or equipment are specifically required of                      B. Contractor shall afford each other contractor
Contractor by the Contract Documents, Owner and                 who is a party to such a direct contract, each utility owner
Engineer will specify all performance and design criteria       and Owner, if Owner is performing other work with
that such services must satisfy. Contractor shall cause         Owner’s employees, proper and safe access to the Site, a
such services or certifications to be provided by a             reasonable opportunity for the introduction and storage of
properly licensed professional, whose signature and seal        materials and equipment and the execution of such other
shall appear on all drawings, calculations, specifications,     work, and shall properly coordinate the Work with theirs.
certifications, Shop Drawings and other submittals              Contractor shall do all cutting, fitting, and patching of the
prepared by such professional. Shop Drawings and other          Work that may be required to properly connect or
submittals related to the Work designed or certified by         otherwise make its several parts come together and
such professional, if prepared by others, shall bear such       properly integrate with such other work. Contractor shall
professional’s written approval when submitted to               not endanger any work of others by cutting, excavating,
Engineer.                                                       or otherwise altering their work and will only cut or alter
                                                                their work with the written consent of Engineer and the
         C. Owner and Engineer shall be entitled to rely        others whose work will be affected. The duties and
upon the adequacy, accuracy and completeness of the             responsibilities of Contractor under this Paragraph are for
services, certifications or approvals performed by such         the benefit of such utility owners and other contractors to
design professionals, provided Owner and Engineer have          the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between         ARTICLE     8    -                        OWNER’S
Owner and such utility owners and other contractors.
                                                               RESPONSIBILITIES
          C. If the proper execution or results of any part
of Contractor’s Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
                                                               8.01 Communications to Contractor
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper                     A. Except as otherwise provided in these General
execution and results of Contractor’s Work. Contractor’s       Conditions, Owner shall issue all communications to
failure to so report will constitute an acceptance of such     Contractor through Engineer.
other work as fit and proper for integration with
Contractor’s Work except for latent defects and                8.02 Replacement of Engineer
deficiencies in such other work.
                                                                        A. In case of termination of the employment of
7.02 Coordination                                              Engineer, Owner shall appoint an engineer to whom
                                                               Contractor makes no reasonable objection, whose status
         A. If Owner intends to contract with others for       under the Contract Documents shall be that of the former
the performance of other work on the Project at the Site,      Engineer.
the following will be set forth in Supplementary Condi-
tions:                                                         8.03 Furnish Data
          1. the individual or entity who will have                     A. Owner shall promptly furnish the data
authority and responsibility for coordination of the           required of Owner under the Contract Documents.
activities among the various contractors will be identified;

         2. the specific matters to be covered by such         8.04 Pay When Due
authority and responsibility will be itemized; and
                                                                        A. Owner shall make payments to Contractor
          3. the extent of such authority and responsibili-    when they are due as provided in Paragraphs 14.02.C and
ties will be provided.                                         14.07.C.

         B. Unless otherwise provided in the                   8.05 Lands and Easements; Reports
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
                                                               and Tests
                                                                         A. Owner’s duties in respect of providing lands
7.03 Legal Relationships                                       and easements and providing engineering surveys to
                                                               establish reference points are set forth in Paragraphs 4.01
           A. Paragraphs 7.01.A and 7.02 are not applicable    and 4.05. Paragraph 4.02 refers to Owner’s identifying
for utilities not under the control of Owner.                  and making available to Contractor copies of reports of
                                                               explorations and tests of subsurface conditions and
          B. Each other direct contract of Owner under         drawings of physical conditions in or relating to existing
Paragraph 7.01.A shall provide that the other contractor is    surface or subsurface structures at or contiguous to the
liable to Owner and Contractor for the reasonable direct       Site that have been utilized by Engineer in preparing the
delay and disruption costs incurred by Contractor as a         Contract Documents.
result of the other contractor’s actions or inactions.
                                                               8.06 Insurance
          C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
                                                                        A. Owner’s responsibilities, if any, in respect to
disruption costs incurred by such other contractor as a
                                                               purchasing and maintaining liability and property insur-
result of Contractor’s action or inactions.
                                                               ance are set forth in Article 5.

                                                               8.07 Change Orders
                                                                        A. Owner is obligated to execute Change Orders
                                                               as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals                          experienced and qualified design professional the
                                                                progress that has been made and the quality of the various
                                                                aspects of Contractor’s executed Work. Based on
         A. Owner’s responsibility in respect to certain        information obtained during such visits and observations,
inspections, tests, and approvals is set forth in Paragraph     Engineer, for the benefit of Owner, will determine, in
13.03.B.                                                        general, if the Work is proceeding in accordance with the
                                                                Contract Documents. Engineer will not be required to
8.09 Limitations                   on           Owner’s         make exhaustive or continuous inspections on the Site to
                                                                check the quality or quantity of the Work. Engineer’s
Responsibilities                                                efforts will be directed toward providing for Owner a
                                                                greater degree of confidence that the completed Work will
        A. The Owner shall not supervise, direct, or have       conform generally to the Contract Documents. On the
control or authority over, nor be responsible for,              basis of such visits and observations, Engineer will keep
Contractor’s means, methods, techniques, sequences, or          Owner informed of the progress of the Work and will
procedures of construction, or the safety precautions and       endeavor to guard Owner against defective Work.
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the                     B. Engineer’s visits and observations are subject
performance of the Work. Owner will not be responsible          to all the limitations on Engineer’s authority and
for Contractor’s failure to perform the Work in                 responsibility set forth in Paragraph 9.09. Particularly, but
accordance with the Contract Documents.                         without limitation, during or as a result of Engineer'      s
                                                                                                      s
                                                                visits or observations of Contractor' Work Engineer will
8.10 Undisclosed                            Hazardous           not supervise, direct, control, or have authority over or be
                                                                responsible for Contractor’s means, methods, techniques,
Environmental Condition                                         sequences, or procedures of construction, or the safety
                                                                precautions and programs incident thereto, or for any
        A. Owner’s responsibility in respect to an undis-       failure of Contractor to comply with Laws and
closed Hazardous Environmental Condition is set forth in        Regulations applicable to the performance of the Work.
Paragraph 4.06.
                                                                9.03 Project Representative
8.11 Evidence                    of           Financial
Arrangements                                                             A. If Owner and Engineer agree, Engineer will
                                                                furnish a Resident Project Representative to assist
         A. If and to the extent Owner has agreed to            Engineer in providing more extensive observation of the
furnish Contractor reasonable evidence that financial           Work. The authority and responsibilities of any such
arrangements have been made to satisfy Owner’s                  Resident Project Representative and assistants will be as
obligations under the Contract Documents, Owner’s               provided in the Supplementary Conditions, and
responsibility in respect thereof will be as set forth in the   limitations on the responsibilities thereof will be as
Supplementary Conditions.                                       provided in Paragraph 9.09. If Owner designates another
                                                                representative or agent to represent Owner at the Site who
                                                                is not Engineer’s consultant, agent or employee, the
                                                                responsibilities and authority and limitations thereon of
ARTICLE 9 - ENGINEER’S STATUS                                   such other individual or entity will be as provided in the
DURING CONSTRUCTION                                             Supplementary Conditions.

                                                                9.04 Authorized Variations in Work
9.01 Owner’s Representative                                              A. Engineer may authorize minor variations in
                                                                the Work from the requirements of the Contract
          A. Engineer will be Owner’s representative            Documents which do not involve an adjustment in the
during the construction period. The duties and responsi-        Contract Price or the Contract Times and are compatible
bilities and the limitations of authority of Engineer as        with the design concept of the completed Project as a
Owner’s representative during construction are set forth        functioning whole as indicated by the Contract Docu-
in the Contract Documents and will not be changed               ments. These may be accomplished by a Field Order and
without written consent of Owner and Engineer.                  will be binding on Owner and also on Contractor, who
                                                                shall perform the Work involved promptly. If Owner or
9.02 Visits to Site                                             Contractor believes that a Field Order justifies an
                                                                adjustment in the Contract Price or Contract Times, or
                                                                both, and the parties are unable to agree on entitlement to
        A. Engineer will make visits to the Site at inter-
                                                                or on the amount or extent, if any, of any such adjustment
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
, a Claim may be made therefor as provided in Paragraph       arising prior to the date final payment is due relating to
10.05.                                                        the acceptability of the Work, and the interpretation of the
                                                              requirements of the Contract Documents pertaining to the
                                                              performance of the Work, will be referred initially to
9.05 Rejecting Defective Work                                 Engineer in writing within 30 days of the event giving rise
                                                              to the question
         A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer              B. Engineer will, with reasonable promptness,
believes will not produce a completed Project that            render a written decision on the issue referred. If Owner
conforms to the Contract Documents or that will prejudice     or Contractor believe that any such decision entitles them
the integrity of the design concept of the completed          to an adjustment in the Contract Price or Contract Times
Project as a functioning whole as indicated by the            or both, a Claim may be made under Paragraph 10.05.
Contract Documents. Engineer will also have authority to      The date of Engineer’s decision shall be the date of the
require special inspection or testing of the Work as          event giving rise to the issues referenced for the purposes
provided in Paragraph 13.04, whether or not the Work is       of Paragraph 10.05.B.
fabricated, installed, or completed.
                                                                       C. Engineer’s written decision on the issue
9.06 Shop Drawings, Change Orders                             referred will be final and binding on Owner and
                                                              Contractor, subject to the provisions of Paragraph 10.05.
and Payments
                                                                        D. When functioning as interpreter and judge
         A. In connection with Engineer’s authority, and      under this Paragraph 9.08, Engineer will not show
limitations thereof, as to Shop Drawings and Samples, see     partiality to Owner or Contractor and will not be liable in
Paragraph 6.17.                                               connection with any interpretation or decision rendered in
                                                              good faith in such capacity.
         B. In connection with Engineer’s authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
                                                              9.09 Limitations     on        Engineer’s
professional design services, if any, see Paragraph 6.21.     Authority and Responsibilities
       C. In connection with Engineer’s authority as to                A. Neither Engineer’s authority or responsibility
Change Orders, see Articles 10, 11, and 12.                   under this Article 9 or under any other provision of the
                                                              Contract Documents nor any decision made by Engineer
         D. In connection with Engineer’s authority as to     in good faith either to exercise or not exercise such
Applications for Payment, see Article 14.                     authority or responsibility or the undertaking, exercise, or
                                                              performance of any authority or responsibility by
                                                              Engineer shall create, impose, or give rise to any duty in
9.07 Determinations for Unit Price                            contract, tort, or otherwise owed by Engineer to
Work                                                          Contractor, any Subcontractor, any Supplier, any other
                                                              individual or entity, or to any surety for or employee or
          A. Engineer will determine the actual quantities    agent of any of them.
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the                   B. Engineer will not supervise, direct, control, or
Engineer’s preliminary determinations on such matters         have authority over or be responsible for Contractor’s
before rendering a written decision thereon (by               means, methods, techniques, sequences, or procedures of
recommendation of an Application for Payment or               construction, or the safety precautions and programs
otherwise). Engineer’s written decision thereon will be       incident thereto, or for any failure of Contractor to
final and binding (except as modified by Engineer to          comply with Laws and Regulations applicable to the
reflect changed factual conditions or more accurate data)     performance of the Work. Engineer will not be respon-
upon Owner and Contractor, subject to the provisions of       sible for Contractor’s failure to perform the Work in
Paragraph 10.05.                                              accordance with the Contract Documents.

                                                                       C. Engineer will not be responsible for the acts
9.08 Decisions on Requirements of                             or omissions of Contractor or of any Subcontractor, any
Contract Documents and Acceptability of                       Supplier, or of any other individual or entity performing
Work                                                          any of the Work.


         A. Engineer will be the initial interpreter of the           D. Engineer’s review of the final Application for
requirements of the Contract Documents and judge of the       Payment and accompanying documentation and all
acceptability of the Work thereunder. All matters in          maintenance and operating instructions, schedules,
question and other matters between Owner and Contractor       guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be                      1. changes in the Work which are: (i) ordered by
delivered by Paragraph 14.07.A will only be to determine       Owner pursuant to Paragraph 10.01.A, (ii) required
generally that their content complies with the require-        because of acceptance of defective Work under Paragraph
ments of, and in the case of certificates of inspections,      13.08.A or Owner’s correction of defective Work under
tests, and approvals that the results certified indicate       Paragraph 13.09, or (iii) agreed to by the parties;
compliance with the Contract Documents.
                                                                       2. changes in the Contract Price or Contract
          E. The limitations upon authority and responsi-      Times which are agreed to by the parties, including any
bility set forth in this Paragraph 9.09 shall also apply to,   undisputed sum or amount of time for Work actually
the Resident Project Representative, if any, and assistants,   performed in accordance with a Work Change Directive;
if any.                                                        and

                                                                        3. changes in the Contract Price or Contract
                                                               Times which embody the substance of any written
ARTICLE 10 - CHANGES IN THE                                    decision rendered by Engineer pursuant to Paragraph
WORK; CLAIMS                                                   10.05; provided that, in lieu of executing any such
                                                               Change Order, an appeal may be taken from any such
                                                               decision in accordance with the provisions of the Contract
                                                               Documents and applicable Laws and Regulations, but
10.01 Authorized Changes in the Work                           during any such appeal, Contractor shall carry on the
                                                               Work and adhere to the Progress Schedule as provided in
         A. Without invalidating the Contract and without      Paragraph 6.18.A.
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the       10.04 Notification to Surety
Work by a Change Order, or a Work Change Directive.
Upon receipt of any such document, Contractor shall
promptly proceed with the Work involved which will be                   A. If notice of any change affecting the general
performed under the applicable conditions of the Contract      scope of the Work or the provisions of the Contract
Documents (except as otherwise specifically provided).         Documents (including, but not limited to, Contract Price
                                                               or Contract Times) is required by the provisions of any
                                                               bond to be given to a surety, the giving of any such notice
          B. If Owner and Contractor are unable to agree
                                                               will be Contractor’s responsibility. The amount of each
on entitlement to, or on the amount or extent, if any, of an
                                                               applicable bond will be adjusted to reflect the effect of
adjustment in the Contract Price or Contract Times, or
                                                               any such change.
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10.05.                                               10.05 Claims

10.02 Unauthorized              Changes          in    the              A. Engineer’s Decision Required: All Claims,
                                                               except those waived pursuant to Paragraph 14.09, shall be
Work                                                           referred to the Engineer for decision. A decision by
                                                               Engineer shall be required as a condition precedent to any
        A.Contractor shall not be entitled to an increase      exercise by Owner or Contractor of any rights or remedies
in the Contract Price or an extension of the Contract          either may otherwise have under the Contract Documents
Times with respect to any work performed that is not           or by Laws and Regulations in respect of such Claims.
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,                B. Notice: Written notice stating the general
except in the case of an emergency as provided in              nature of each Claim, shall be delivered by the claimant to
Paragraph 6.16 or in the case of uncovering Work as            Engineer and the other party to the Contract promptly (but
provided in Paragraph 13.04.B.                                 in no event later than 30 days) after the start of the event
                                                               giving rise thereto. The responsibility to substantiate a
10.03 Execution of Change Orders                               Claim shall rest with the party making the Claim. Notice
                                                               of the amount or extent of the Claim, with supporting data
                                                               shall be delivered to the Engineer and the other party to
        A. Owner and Contractor shall execute appropri-
                                                               the Contract within 60 days after the start of such event
ate Change Orders recommended by Engineer covering:
                                                               (unless Engineer allows additional time for claimant to
                                                               submit additional or more accurate data in support of such
                                                               Claim). A Claim for an adjustment in Contract Price shall
                                                               be prepared in accordance with the provisions of
                                                               Paragraph 12.01.B. A Claim for an adjustment in Contract
                                                               Time shall be prepared in accordance with the provisions
                                                               of Paragraph 12.02.B. Each Claim shall be accompanied
              s
by claimant' written statement that the adjustment               only the following items, and shall not include any of the
claimed is the entire adjustment to which the claimant           costs itemized in Paragraph 11.01.B.
believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and                  1. Payroll costs for employees in the direct
the claimant within 30 days after receipt of the claimant’s      employ of Contractor in the performance of the Work
last submittal (unless Engineer allows additional time).         under schedules of job classifications agreed upon by
                                                                 Owner and Contractor. Such employees shall include,
         C. Engineer’s Action: Engineer will review each         without limitation, superintendents, foremen, and other
Claim and, within 30 days after receipt of the last              personnel employed full time at the Site. Payroll costs for
submittal of the claimant or the last submittal of the           employees not employed full time on the Work shall be
opposing party, if any, take one of the following actions        apportioned on the basis of their time spent on the Work.
in writing:                                                      Payroll costs shall include, but not be limited to, salaries
                                                                 and wages plus the cost of fringe benefits, which shall
         1. deny the Claim in whole or in part,                  include social security contributions, unemployment,
                                                                 excise, and payroll taxes, workers’ compensation, health
         2. approve the Claim, or                                and retirement benefits, bonuses, sick leave, vacation and
                                                                 holiday pay applicable thereto. The expenses of
                                                                 performing Work outside of regular working hours, on
          3. notify the parties that the Engineer is unable to   Saturday, Sunday, or legal holidays, shall be included in
resolve the Claim if, in the Engineer’s sole discretion, it      the above to the extent authorized by Owner.
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.                                                  2. Cost of all materials and equipment furnished
                                                                 and incorporated in the Work, including costs of
                                                                 transportation and storage thereof, and Suppliers’ field
        D. In the event that Engineer does not take action       services required in connection therewith. All cash
on a Claim within said 30 days, the Claim shall be               discounts shall accrue to Contractor unless Owner
deemed denied.                                                   deposits funds with Contractor with which to make pay-
                                                                 ments, in which case the cash discounts shall accrue to
         E. Engineer’s written action under Paragraph            Owner. All trade discounts, rebates and refunds and
10.05.C or denial pursuant to Paragraphs 10.05.C.3 or            returns from sale of surplus materials and equipment shall
10.05.D will be final and binding upon Owner and                 accrue to Owner, and Contractor shall make provisions so
Contractor, unless Owner or Contractor invoke the                that they may be obtained.
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.                                         3. Payments made by Contractor to
                                                                 Subcontractors for Work performed by Subcontractors. If
        F. No Claim for an adjustment in Contract Price          required by Owner, Contractor shall obtain competitive
or Contract Times will be valid if not submitted in              bids from subcontractors acceptable to Owner and
accordance with this Paragraph 10.05.                            Contractor and shall deliver such bids to Owner, who will
                                                                 then determine, with the advice of Engineer, which bids,
                                                                 if any, will be acceptable. If any subcontract provides that
ARTICLE 11 - COST OF THE WORK;                                   the Subcontractor is to be paid on the basis of Cost of the
                                                                 Work plus a fee, the Subcontractor’s Cost of the Work
ALLOWANCES; UNIT PRICE WORK                                      and fee shall be determined in the same manner as
                                                                 Contractor’s Cost of the Work and fee as provided in this
                                                                 Paragraph 11.01.
11.01 Cost of the Work                                                    4. Costs of special consultants (including but not
                                                                 limited to Engineers, architects, testing laboratories,
         A. Costs Included: The term Cost of the Work            surveyors, attorneys, and accountants) employed for
means the sum of all costs, except those excluded in             services specifically related to the Work.
Paragraph 11.01.B, necessarily incurred and paid by
Contractor in the proper performance of the Work. When
                                                                          5. Supplemental costs including the following:
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to                 a. The proportion of necessary transportation,
be reimbursed to Contractor will be only those additional                 travel, and subsistence expenses of Contractor’s
or incremental costs required because of the change in the                employees incurred in discharge of duties
Work or because of the event giving rise to the Claim.                    connected with the Work.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than                      b. Cost, including transportation and mainte-
those prevailing in the locality of the Project, shall include            nance, of all materials, supplies, equipment,
                                                                          machinery, appliances, office, and temporary
        facilities at the Site, and hand tools not owned by
        the workers, which are consumed in the perfor-                 1. Payroll costs and other compensation of
        mance of the Work, and cost, less market value,       Contractor’s officers, executives, principals (of
        of such items used but not consumed which             partnerships and sole proprietorships), general managers,
        remain the property of Contractor.                    safety managers, engineers, architects, estimators, attor-
                                                              neys, auditors, accountants, purchasing and contracting
        c. Rentals of all construction equipment and          agents, expediters, timekeepers, clerks, and other
        machinery, and the parts thereof whether rented       personnel employed by Contractor, whether at the Site or
        from Contractor or others in accordance with          in Contractor’s principal or branch office for general
        rental agreements approved by Owner with the          administration of the Work and not specifically included
        advice of Engineer, and the costs of                  in the agreed upon schedule of job classifications referred
        transportation, loading, unloading, assembly,         to in Paragraph 11.01.A.1 or specifically covered by
        dismantling, and removal thereof. All such costs      Paragraph 11.01.A.4, all of which are to be considered
        shall be in accordance with the terms of said         administrative costs covered by the Contractor’s fee.
        rental agreements. The rental of any such equip-
        ment, machinery, or parts shall cease when the                 2. Expenses of Contractor’s principal and branch
        use thereof is no longer necessary for the Work.      offices other than Contractor’s office at the Site.

        d. Sales, consumer, use, and other similar taxes               3. Any part of Contractor’s capital expenses,
        related to the Work, and for which Contractor is      including interest on Contractor’s capital employed for
        liable, imposed by Laws and Regulations.              the Work and charges against Contractor for delinquent
                                                              payments.
        e. Deposits lost for causes other than negligence
        of Contractor, any Subcontractor, or anyone                     4. Costs due to the negligence of Contractor, any
        directly or indirectly employed by any of them or     Subcontractor, or anyone directly or indirectly employed
        for whose acts any of them may be liable, and         by any of them or for whose acts any of them may be
        royalty payments and fees for permits and             liable, including but not limited to, the correction of
        licenses.                                             defective Work, disposal of materials or equipment
                                                              wrongly supplied, and making good any damage to
        f. Losses and damages (and related expenses)          property.
        caused by damage to the Work, not compensated
        by insurance or otherwise, sustained by                        5. Other overhead or general expense costs of
        Contractor in connection with the performance         any kind and the costs of any item not specifically and
        of the Work (except losses and damages within         expressly included in Paragraphs 11.01.A and 11.01.B.
        the deductible amounts of property insurance
        established in accordance with Paragraph                       C. Contractor’s Fee: When all the Work is
        5.06.D), provided such losses and damages have        performed on the basis of cost-plus, Contractor’s fee shall
        resulted from causes other than the negligence of     be determined as set forth in the Agreement. When the
        Contractor, any Subcontractor, or anyone              value of any Work covered by a Change Order or when a
        directly or indirectly employed by any of them or     Claim for an adjustment in Contract Price is determined
        for whose acts any of them may be liable. Such        on the basis of Cost of the Work, Contractor’s fee shall be
        losses shall include settlements made with the        determined as set forth in Paragraph 12.01.C.
        written consent and approval of Owner. No such
        losses, damages, and expenses shall be included
        in the Cost of the Work for the purpose of                     D. Documentation: Whenever the Cost of the
        determining Contractor’s fee.                         Work for any purpose is to be determined pursuant to
                                                              Paragraphs 11.01.A and 11.01.B, Contractor will establish
                                                              and maintain records thereof in accordance with generally
        g. The cost of utilities, fuel, and sanitary          accepted accounting practices and submit in a form
        facilities at the Site.                               acceptable to Engineer an itemized cost breakdown
                                                              together with supporting data.
        h. Minor expenses such as telegrams, long
        distance telephone calls, telephone service at the
        Site, expresses, and similar petty cash items in      11.02 Allowances
        connection with the Work.
                                                                        A. It is understood that Contractor has included
        i. The costs of premiums for all bonds and            in the Contract Price all allowances so named in the
        insurance Contractor is required by the Contract      Contract Documents and shall cause the Work so covered
        Documents to purchase and maintain.                   to be performed for such sums and by such persons or
                                                              entities as may be acceptable to Owner and Engineer.
          B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:                          B. Cash Allowances
                                                                         1. the quantity of any item of Unit Price Work
         1. Contractor agrees that:                             performed by Contractor differs materially and signifi-
                                                                cantly from the estimated quantity of such item indicated
         a. the cash allowances include the cost to             in the Agreement; and
         Contractor (less any applicable trade discounts)
         of materials and equipment required by the                      2. there is no corresponding adjustment with
         allowances to be delivered at the Site, and all        respect any other item of Work; and
         applicable taxes; and
                                                                          3. Contractor believes that Contractor is entitled
         b. Contractor’s costs for unloading and handling       to an increase in Contract Price as a result of having
         on the Site, labor, installation , overhead, profit,   incurred additional expense or Owner believes that Owner
         and other expenses contemplated for the cash           is entitled to a decrease in Contract Price and the parties
         allowances have been included in the Contract          are unable to agree as to the amount of any such increase
         Price and not in the allowances, and no demand         or decrease.
         for additional payment on account of any of the
         foregoing will be valid.

         C. Contingency Allowance
                                                                ARTICLE 12 - CHANGE OF
                                                                CONTRACT PRICE; CHANGE OF
         1. Contractor agrees that a contingency                CONTRACT TIMES
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.

          D. Prior to final payment, an appropriate Change      12.01 Change of Contract Price
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work                 A. The Contract Price may only be changed by a
covered by allowances, and the Contract Price shall be          Change Order. Any Claim for an adjustment in the
correspondingly adjusted.                                       Contract Price shall be based on written notice submitted
                                                                by the party making the Claim to the Engineer and the
11.03 Unit Price Work                                           other party to the Contract in accordance with the
                                                                provisions of Paragraph 10.05.
          A. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially              B. The value of any Work covered by a Change
the Contract Price will be deemed to include for all Unit       Order or of any Claim for an adjustment in the Contract
Price Work an amount equal to the sum of the unit price         Price will be determined as follows:
for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in                1. where the Work involved is covered by unit
the Agreement.                                                  prices contained in the Contract Documents, by applica-
                                                                tion of such unit prices to the quantities of the items
         B. The estimated quantities of items of Unit           involved (subject to the provisions of Paragraph 11.03);
Price Work are not guaranteed and are solely for the            or
purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities                  2. where the Work involved is not covered by
and classifications of Unit Price Work performed by             unit prices contained in the Contract Documents, by a
Contractor will be made by Engineer subject to the              mutually agreed lump sum (which may include an
provisions of Paragraph 9.07.                                   allowance for overhead and profit not necessarily in
                                                                accordance with Paragraph 12.01.C.2); or
          C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover                  3. where the Work involved is not covered by
Contractor’s overhead and profit for each separately            unit prices contained in the Contract Documents and
identified item.                                                agreement to a lump sum is not reached under Paragraph
                                                                12.01.B.2, on the basis of the Cost of the Work
        D. Owner or Contractor may make a Claim for             (determined as provided in Paragraph 11.01) plus a
an adjustment in the Contract Price in accordance with          Contractor’s fee for overhead and profit (determined as
Paragraph 10.05 if:                                             provided in Paragraph 12.01.C).

                                                                        C. Contractor’s Fee: The Contractor’s fee for
                                                                overhead and profit shall be determined as follows:
        1. a mutually acceptable fixed fee; or               12.03 Delays
         2. if a fixed fee is not agreed upon, then a fee             A. Where Contractor is prevented from
based on the following percentages of the various portions   completing any part of the Work within the Contract
of the Cost of the Work:                                     Times due to delay beyond the control of Contractor, the
                                                             Contract Times will be extended in an amount equal to
        a. for costs incurred under Paragraphs 11.01.A.1     the time lost due to such delay if a Claim is made therefor
        and 11.01.A.2, the Contractor’s fee shall be 15      as provided in Paragraph 12.02.A. Delays beyond the
        percent;                                             control of Contractor shall include, but not be limited to,
                                                             acts or neglect by Owner, acts or neglect of utility owners
        b. for costs incurred under Paragraph 11.01.A.3,     or other contractors performing other work as contemplat-
        the Contractor’s fee shall be five percent;          ed by Article 7, fires, floods, epidemics, abnormal
                                                             weather conditions, or acts of God.
        c. where one or more tiers of subcontracts are on
        the basis of Cost of the Work plus a fee and no                B. If Owner, Engineer, or other contractors or
        fixed fee is agreed upon, the intent of Paragraph    utility owners performing other work for Owner as
        12.01.C.2.a is that the Subcontractor who            contemplated by Article 7, or anyone for whom Owner is
        actually performs the Work, at whatever tier, will   responsible, delays, disrupts, or interferes with the
        be paid a fee of 15 percent of the costs incurred    performance or progress of the Work, then Contractor
        by such Subcontractor under Paragraphs               shall be entitled to an equitable adjustment in the Contract
        11.01.A.1 and 11.01.A.2 and that any higher tier     Price or the Contract Times , or both. Contractor’s
        Subcontractor and Contractor will each be paid a     entitlement to an adjustment of the Contract Times is
        fee of five percent of the amount paid to the next   conditioned on such adjustment being essential to
        lower tier Subcontractor;                            Contractor’s ability to complete the Work within the
                                                             Contract Times.
        d. no fee shall be payable on the basis of costs
        itemized under Paragraphs 11.01.A.4, 11.01.A.5,               C If Contractor is delayed in the performance or
        and 11.01.B;                                         progress of the Work by fire, flood, epidemic, abnormal
                                                             weather conditions, acts of God, acts or failures to act of
        e. the amount of credit to be allowed by             utility owners not under the control of Owner, or other
        Contractor to Owner for any change which             causes not the fault of and beyond control of Owner and
        results in a net decrease in cost will be the        Contractor, then Contractor shall be entitled to an
        amount of the actual net decrease in cost plus a     equitable adjustment in Contract Times, if such
        deduction in Contractor’s fee by an amount equal     adjustment is essential to Contractor’s ability to complete
        to five percent of such net decrease; and            the Work within the Contract Times. Such an adjustment
                                                             shall be Contractor’s sole and exclusive remedy for the
        f. when both additions and credits are involved      delays described in this Paragraph 12.03.C.
        in any one change, the adjustment in
        Contractor’s fee shall be computed on the basis                D. Owner, Engineer and the Related Entities of
        of the net change in accordance with Paragraphs      each of them shall not be liable to Contractor for any
        12.01.C.2.a through 12.01.C.2.e, inclusive.          claims, costs, losses, or damages (including but not
                                                             limited to all fees and charges of Engineers, architects,
                                                             attorneys, and other professionals and all court or
12.02 Change of Contract Times                               arbitration or other dispute resolution costs) sustained by
                                                             Contractor on or in connection with any other project or
         A. The Contract Times may only be changed by        anticipated project.
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted             E. Contractor shall not be entitled to an
by the party making the Claim to the Engineer and the        adjustment in Contract Price or Contract Times for delays
other party to the Contract in accordance with the           within the control of Contractor. Delays attributable to
provisions of Paragraph 10.05.                               and within the control of a Subcontractor or Supplier shall
                                                             be deemed to be delays within the control of Contractor.
        B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12.
ARTICLE   13 - TESTS  AND                                                D. Contractor shall be responsible for arranging
                                                                 and obtaining and shall pay all costs in connection with
INSPECTIONS;   CORRECTION,                                       any inspections, tests, or approvals required for Owner’s
REMOVAL OR ACCEPTANCE OF                                         and Engineer’s acceptance of materials or equipment to
                                                                 be incorporated in the Work; or acceptance of materials,
DEFECTIVE WORK                                                   mix designs, or equipment submitted for approval prior to
                                                                 Contractor’s purchase thereof for incorporation in the
                                                                 Work. Such inspections, tests, or approvals shall be
                                                                 performed by organizations acceptable to Owner and
13.01 Notice of Defects                                          Engineer.
         A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to                   E. If any Work (or the work of others) that is to
Contractor. All defective Work may be rejected,                  be inspected, tested, or approved is covered by Contractor
corrected, or accepted as provided in this Article 13.           without written concurrence of Engineer, it must, if
                                                                 requested by Engineer, be uncovered for observation.

13.02 Access to Work                                                      F. Uncovering Work as provided in Paragraph
                                                                 13.03.E shall be at Contractor’s expense unless
          A. Owner, Engineer, their consultants and other        Contractor has given Engineer timely notice of
representatives and personnel of Owner, independent              Contractor’s intention to cover the same and Engineer has
testing laboratories, and governmental agencies with             not acted with reasonable promptness in response to such
jurisdictional interests will have access to the Site and the    notice.
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise            13.04 Uncovering Work
them of Contractor’s Site safety procedures and programs
so that they may comply therewith as applicable.                          A. If any Work is covered contrary to the written
                                                                 request of Engineer, it must, if requested by Engineer, be
                                                                 uncovered for Engineer’s observation and replaced at
13.03 Tests and Inspections                                      Contractor’s expense.

          A. Contractor shall give Engineer timely notice                 B. If Engineer considers it necessary or advisable
of readiness of the Work for all required inspections,           that covered Work be observed by Engineer or inspected
tests, or approvals and shall cooperate with inspection and      or tested by others, Contractor, at Engineer’s request,
testing personnel to facilitate required inspections or tests.   shall uncover, expose, or otherwise make available for
                                                                 observation, inspection, or testing as Engineer may
         B. Owner shall employ and pay for the services          require, that portion of the Work in question, furnishing
of an independent testing laboratory to perform all              all necessary labor, material, and equipment.
inspections, tests, or approvals required by the Contract
Documents except:                                                          C. If it is found that the uncovered Work is
                                                                 defective, Contractor shall pay all claims, costs, losses,
        1. for inspections, tests, or approvals covered by       and damages (including but not limited to all fees and
Paragraphs 13.03.C and 13.03.D below;                            charges of engineers, architects, attorneys, and other
                                                                 professionals and all court or arbitration or other dispute
          2. that costs incurred in connection with tests or     resolution costs) arising out of or relating to such
inspections conducted pursuant to Paragraph 13.04.B              uncovering, exposure, observation, inspection, and
shall be paid as provided in said Paragraph 13.04.C; and         testing, and of satisfactory replacement or reconstruction
                                                                 (including but not limited to all costs of repair or
         3. as otherwise specifically provided in the Con-       replacement of work of others); and Owner shall be
tract Documents.                                                 entitled to an appropriate decrease in the Contract Price. If
                                                                 the parties are unable to agree as to the amount thereof,
                                                                 Owner may make a Claim therefor as provided in
         C. If Laws or Regulations of any public body
                                                                 Paragraph 10.05.
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,                     D. If, the uncovered Work is not found to be
Contractor shall assume full responsibility for arranging        defective, Contractor shall be allowed an increase in the
and obtaining such inspections, tests, or approvals, pay all     Contract Price or an extension of the Contract Times, or
costs in connection therewith, and furnish Engineer the          both, directly attributable to such uncovering, exposure,
required certificates of inspection or approval.                 observation, inspection, testing, replacement, and
                                                                 reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim                   3. if the defective Work has been rejected by
therefor as provided in Paragraph 10.05.                        Owner, remove it from the Project and replace it with
                                                                Work that is not defective, and
13.05 Owner May Stop the Work
                                                                          4. satisfactorily correct or repair or remove and
                                                                replace any damage to other Work, to the work of others
          A. If the Work is defective, or Contractor fails to   or other land or areas resulting therefrom.
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract                      B. If Contractor does not promptly comply with
Documents, Owner may order Contractor to stop the               the terms of Owner’s written instructions, or in an
Work, or any portion thereof, until the cause for such          emergency where delay would cause serious risk of loss
order has been eliminated; however, this right of Owner         or damage, Owner may have the defective Work
to stop the Work shall not give rise to any duty on the part    corrected or repaired or may have the rejected Work re-
of Owner to exercise this right for the benefit of              moved and replaced. All claims, costs, losses, and
Contractor, any Subcontractor, any Supplier, any other          damages (including but not limited to all fees and charges
individual or entity, or any surety for, or employee or         of engineers, architects, attorneys, and other professionals
agent of any of them.                                           and all court or arbitration or other dispute resolution
                                                                costs) arising out of or relating to such correction or repair
                                                                or such removal and replacement (including but not
13.06 Correction              or       Removal            of    limited to all costs of repair or replacement of work of
Defective Work                                                  others) will be paid by Contractor.


          A. Promptly after receipt of notice, Contractor                C. In special circumstances where a particular
shall correct all defective Work, whether or not                item of equipment is placed in continuous service before
fabricated, installed, or completed, or, if the Work has        Substantial Completion of all the Work, the correction
been rejected by Engineer, remove it from the Project and       period for that item may start to run from an earlier date if
replace it with Work that is not defective. Contractor shall    so provided in the Specifications .
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,             D. Where defective Work (and damage to other
attorneys, and other professionals and all court or             Work resulting therefrom) has been corrected or removed
arbitration or other dispute resolution costs) arising out of   and replaced under this Paragraph 13.07, the correction
or relating to such correction or removal (including but        period hereunder with respect to such Work will be
not limited to all costs of repair or replacement of work of    extended for an additional period of one year after such
others).                                                        correction or removal and replacement has been
                                                                satisfactorily completed.
          B. When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,                        E. Contractor’s obligations under this Paragraph
Contractor shall take no action that would void or              13.07 are in addition to any other obligation or warranty.
otherwise impair Owner’s special warranty and guarantee,        The provisions of this Paragraph 13.07 shall not be
if any, on said Work.                                           construed as a substitute for or a waiver of the provisions
                                                                of any applicable statute of limitation or repose.
13.07 Correction Period
                                                                13.08 Acceptance of Defective Work
          A. If within one year after the date of Substantial
Completion (or such longer period of time as may be                       A. If, instead of requiring correction or removal
prescribed by the terms of any applicable special               and replacement of defective Work, Owner (and, prior to
guarantee required by the Contract Documents) or by any         Engineer’s recommendation of final payment, Engineer)
specific provision of the Contract Documents, any Work          prefers to accept it, Owner may do so. Contractor shall
is found to be defective, or if the repair of any damages to    pay all claims, costs, losses, and damages (including but
the land or areas made available for Contractor’s use by        not limited to all fees and charges of engineers, architects,
Owner or permitted by Laws and Regulations as                   attorneys, and other professionals and all court or
contemplated in Paragraph 6.11.A is found to be                 arbitration or other dispute resolution costs) attributable to
defective, Contractor shall promptly, without cost to           Owner’s evaluation of and determination to accept such
Owner and in accordance with Owner’s written                    defective Work (such costs to be approved by Engineer as
instructions:                                                   to reasonableness) and the diminished value of the Work
                                                                to the extent not otherwise paid by Contractor pursuant to
         1. repair such defective land or areas; or             this sentence. If any such acceptance occurs prior to
                                                                Engineer’s recommendation of final payment, a Change
                                                                Order will be issued incorporating the necessary revisions
         2. correct such defective Work; or                     in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as              ARTICLE 14 - PAYMENTS TO
provided in Paragraph 10.05. If the acceptance occurs           CONTRACTOR AND COMPLETION
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.

13.09 Owner May Correct Defective                               14.01 Schedule of Values
Work                                                                     A. The Schedule of Values established as provid-
                                                                ed in Paragraph 2.07.A will serve as the basis for progress
         A. If Contractor fails within a reasonable time        payments and will be incorporated into a form of Applica-
after written notice from Engineer to correct defective         tion for Payment acceptable to Engineer. Progress
Work or to remove and replace rejected Work as required         payments on account of Unit Price Work will be based on
by Engineer in accordance with Paragraph 13.06.A, or if         the number of units completed.
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,             14.02 Progress Payments
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.                                   A. Applications for Payments

         B. In exercising the rights and remedies under                  1. At least 20 days before the date established in
this Paragraph 13.09, Owner shall proceed expeditiously.        the Agreement for each progress payment (but not more
In connection with such corrective or remedial action,          often than once a month), Contractor shall submit to
Owner may exclude Contractor from all or part of the            Engineer for review an Application for Payment filled out
Site, take possession of all or part of the Work and            and signed by Contractor covering the Work completed as
suspend Contractor’s services related thereto, take posses-     of the date of the Application and accompanied by such
sion of Contractor’s tools, appliances, construction            supporting documentation as is required by the Contract
equipment and machinery at the Site, and incorporate in         Documents. If payment is requested on the basis of
the Work all materials and equipment stored at the Site or      materials and equipment not incorporated in the Work but
for which Owner has paid Contractor but which are stored        delivered and suitably stored at the Site or at another
elsewhere. Contractor shall allow Owner, Owner’s                location agreed to in writing, the Application for Payment
representatives, agents and employees, Owner’s other            shall also be accompanied by a bill of sale, invoice, or
contractors, and Engineer and Engineer’s consultants            other documentation warranting that Owner has received
access to the Site to enable Owner to exercise the rights       the materials and equipment free and clear of all Liens
and remedies under this Paragraph.                              and evidence that the materials and equipment are
                                                                covered by appropriate property insurance or other
          C. All claims, costs, losses, and damages             arrangements to protect Owner’s interest therein, all of
(including but not limited to all fees and charges of           which must be satisfactory to Owner.
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution                 2. Beginning with the second Application for
costs) incurred or sustained by Owner in exercising the         Payment, each Application shall include an affidavit of
rights and remedies under this Paragraph 13.09 will be          Contractor stating that all previous progress payments
charged against Contractor, and a Change Order will be          received on account of the Work have been applied on
issued incorporating the necessary revisions in the             account to discharge Contractor’s legitimate obligations
Contract Documents with respect to the Work; and Owner          associated with prior Applications for Payment.
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of            3. The amount of retainage with respect to
the adjustment, Owner may make a Claim therefor as              progress payments will be as stipulated in the Agreement.
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor’s defective Work.

        D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner’s rights and remedies under this
Paragraph 13.09.
        B. Review of Applications
                                                                     b. for the means, methods, techniques,
         1. Engineer will, within 10 days after receipt of           sequences, or procedures of construction, or the
each Application for Payment, either indicate in writing a           safety precautions and programs incident thereto,
recommendation of payment and present the Application                or
to Owner or return the Application to Contractor
indicating in writing Engineer’s reasons for refusing to             c. for Contractor’s failure to comply with Laws
recommend payment. In the latter case, Contractor may                and Regulations applicable to Contractor’s
make the necessary corrections and resubmit the                      performance of the Work, or
Application.
                                                                     d. to make any examination to ascertain how or
         2. Engineer’s recommendation of any payment                 for what purposes Contractor has used the
requested in an Application for Payment will constitute a            moneys paid on account of the Contract Price, or
representation by Engineer to Owner, based on Engineer’s
observations on the Site of the executed Work as an                  e. to determine that title to any of the Work,
experienced and qualified design professional and on                 materials, or equipment has passed to Owner free
         s
Engineer' review of the Application for Payment and the              and clear of any Liens.
accompanying data and schedules, that to the best of
Engineer’s knowledge, information and belief:                         5. Engineer may refuse to recommend the whole
                                                             or any part of any payment if, in Engineer’s opinion, it
        a. the Work has progressed to the point indicat-     would be incorrect to make the representations to Owner
        ed;                                                  stated in Paragraph 14.02.B.2. Engineer may also refuse
                                                             to recommend any such payment or, because of subse-
        b. the quality of the Work is generally in accor-    quently discovered evidence or the results of subsequent
        dance with the Contract Documents (subject to        inspections or tests, revise or revoke any such payment
        an evaluation of the Work as a functioning whole     recommendation previously made, to such extent as may
        prior to or upon Substantial Completion, to the      be necessary in Engineer’s opinion to protect Owner from
        results of any subsequent tests called for in the    loss because:
        Contract Documents, to a final determination of
        quantities and classifications for Unit Price Work           a. the Work is defective, or completed Work has
        under Paragraph 9.07, and to any other                       been damaged, requiring correction or replace-
        qualifications stated in the recommendation); and            ment;

        c. the conditions precedent to Contractor’s being            b. the Contract Price has been reduced by
        entitled to such payment appear to have been                 Change Orders;
        fulfilled in so far as it is Engineer’s
        responsibility to observe the Work.                          c. Owner has been required to correct defective
                                                                     Work or complete Work in accordance with
          3. By recommending any such payment Engineer               Paragraph 13.09; or
will not thereby be deemed to have represented that:
                                                                     d. Engineer has actual knowledge of the
        a. inspections made to check the quality or the              occurrence of any of the events enumerated in
        quantity of the Work as it has been performed                Paragraph 15.02.A.
        have been exhaustive, extended to every aspect
        of the Work in progress, or involved detailed
        inspections of the Work beyond the responsi-
                                                                     C. Payment Becomes Due
        bilities specifically assigned to Engineer in the
        Contract Documents; or                                        1. Ten days after presentation of the Application
                                                             for Payment to Owner with Engineer’s recommendation,
        b. that there may not be other matters or issues     the amount recommended will (subject to the provisions
        between the parties that might entitle Contractor    of Paragraph 14.02.D) become due, and when due will be
        to be paid additionally by Owner or entitle          paid by Owner to Contractor.
        Owner to withhold payment to Contractor.
                                                                     D. Reduction in Payment
         4. Neither Engineer’s review of Contractor’s
Work for the purposes of recommending payments nor                   1. Owner may refuse to make payment of the full
Engineer’s recommendation of any payment, including          amount recommended by Engineer because:
final payment, will impose responsibility on Engineer:

        a. to supervise, direct, or control the Work, or
         a. claims have been made against Owner on             certificate of Substantial Completion which shall fix the
         account of Contractor’s performance or furnish-       date of Substantial Completion. There shall be attached to
         ing of the Work;                                      the certificate a tentative list of items to be completed or
                                                               corrected before final payment. Owner shall have seven
         b. Liens have been filed in connection with the       days after receipt of the tentative certificate during which
         Work, except where Contractor has delivered a         to make written objection to Engineer as to any provisions
         specific bond satisfactory to Owner to secure the     of the certificate or attached list. If, after considering such
         satisfaction and discharge of such Liens;             objections, Engineer concludes that the Work is not
                                                               substantially complete, Engineer will within 14 days after
         c. there are other items entitling Owner to a         submission of the tentative certificate to Owner notify
         set-off against the amount recommended; or            Contractor in writing, stating the reasons therefor. If, after
                                                               consideration of Owner’s objections, Engineer considers
                                                               the Work substantially complete, Engineer will within
         d. Owner has actual knowledge of the occurrence       said 14 days execute and deliver to Owner and Contractor
         of any of the events enumerated in Paragraphs         a definitive certificate of Substantial Completion (with a
         14.02.B.5.a through 14.02.B.5.c or Paragraph          revised tentative list of items to be completed or correct-
         15.02.A.                                              ed) reflecting such changes from the tentative certificate
                                                               as Engineer believes justified after consideration of any
         2. If Owner refuses to make payment of the full       objections from Owner.
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to                      D. At the time of delivery of the tentative
Engineer) stating the reasons for such action and promptly     certificate of Substantial Completion, Engineer will
pay Contractor any amount remaining after deduction of         deliver to Owner and Contractor a written recommen-
the amount so withheld. Owner shall promptly pay               dation as to division of responsibilities pending final
Contractor the amount so withheld, or any adjustment           payment between Owner and Contractor with respect to
thereto agreed to by Owner and Contractor, when                security, operation, safety, and protection of the Work,
Contractor corrects to Owner’s satisfaction the reasons for    maintenance, heat, utilities, insurance, and warranties and
such action.                                                   guarantees. Unless Owner and Contractor agree otherwise
                                                               in writing and so inform Engineer in writing prior to
        3. If it is subsequently determined that Owner’s       Engineer’s issuing the definitive certificate of Substantial
refusal of payment was not justified, the amount               Completion, Engineer’s aforesaid recommendation will
wrongfully withheld shall be treated as an amount due as       be binding on Owner and Contractor until final payment.
determined by Paragraph 14.02.C.1.
                                                                        E. Owner shall have the right to exclude
14.03 Contractor’s Warranty of Title                           Contractor from the Site after the date of Substantial
                                                               Completion subject to allowing Contractor reasonable
         A. Contractor warrants and guarantees that title      access to complete or correct items on the tentative list.
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the           14.05 Partial Utilization
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.                                     A. Prior to Substantial Completion of all the
                                                               Work, Owner may use or occupy any substantially
14.04 Substantial Completion                                   completed part of the Work which has specifically been
                                                               identified in the Contract Documents, or which Owner,
         A. When Contractor considers the entire Work          Engineer, and Contractor agree constitutes a separately
ready for its intended use Contractor shall notify Owner       functioning and usable part of the Work that can be used
and Engineer in writing that the entire Work is                by Owner for its intended purpose without significant
substantially complete (except for items specifically listed   interference with Contractor’s performance of the
by Contractor as incomplete) and request that Engineer         remainder of the Work, subject to the following condi-
issue a certificate of Substantial Completion.                 tions.


         B. Promptly after Contractor’s notification, ,                 1. Owner at any time may request Contractor in
Owner, Contractor, and Engineer shall make an                  writing to permit Owner to use or occupy any such part of
inspection of the Work to determine the status of              the Work which Owner believes to be ready for its
completion. If Engineer does not consider the Work             intended use and substantially complete. If and when
substantially complete, Engineer will notify Contractor in     Contractor agrees that such part of the Work is
writing giving the reasons therefor.                           substantially complete, Contractor will certify to Owner
                                                               and Engineer that such part of the Work is substantially
                                                               complete and request Engineer to issue a certificate of
        C. If Engineer considers the Work substantially        Substantial Completion for that part of the Work.
complete, Engineer will deliver to Owner a tentative
         2. Contractor at any time may notify Owner and                 c. a list of all Claims against Owner that
Engineer in writing that Contractor considers any such                  Contractor believes are unsettled; and
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate             d. complete and legally effective releases or
of Substantial Completion for that part of the Work.                    waivers (satisfactory to Owner) of all Lien rights
                                                                        arising out of or Liens filed in connection with
          3. Within a reasonable time after either such                 the Work.
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status              3. In lieu of the releases or waivers of Liens
of completion. If Engineer does not consider that part of      specified in Paragraph 14.07.A.2 and as approved by
the Work to be substantially complete, Engineer will           Owner, Contractor may furnish receipts or releases in full
notify Owner and Contractor in writing giving the reasons      and an affidavit of Contractor that: (i) the releases and
therefor. If Engineer considers that part of the Work to be    receipts include all labor, services, material, and
substantially complete, the provisions of Paragraph 14.04      equipment for which a Lien could be filed; and (ii) all
will apply with respect to certification of Substantial        payrolls, material and equipment bills, and other
Completion of that part of the Work and the division of        indebtedness connected with the Work for which Owner
responsibility in respect thereof and access thereto.                     s
                                                               or Owner' property might in any way be responsible have
                                                               been paid or otherwise satisfied. If any Subcontractor or
          4. No use or occupancy or separate operation of      Supplier fails to furnish such a release or receipt in full,
part of the Work may occur prior to compliance with the        Contractor may furnish a bond or other collateral
requirements of Paragraph 5.10 regarding property              satisfactory to Owner to indemnify Owner against any
insurance.                                                     Lien.

14.06 Final Inspection                                                 B. Engineer’s Review of Application and
                                                               Acceptance
         A. Upon written notice from Contractor that the
entire Work or an agreed portion thereof is complete,                   1. If, on the basis of Engineer’s observation of
Engineer will promptly make a final inspection with            the Work during construction and final inspection, and
Owner and Contractor and will notify Contractor in             Engineer’s review of the final Application for Payment
writing of all particulars in which this inspection reveals    and accompanying documentation as required by the
that the Work is incomplete or defective. Contractor shall     Contract Documents, Engineer is satisfied that the Work
immediately take such measures as are necessary to             has been completed and Contractor’s other obligations
complete such Work or remedy such deficiencies.                under the Contract Documents have been fulfilled,
                                                               Engineer will, within ten days after receipt of the final
                                                               Application for Payment, indicate in writing Engineer’s
14.07 Final Payment                                            recommendation of payment and present the Application
                                                               for Payment to Owner for payment. At the same time
         A. Application for Payment                            Engineer will also give written notice to Owner and
                                                               Contractor that the Work is acceptable subject to the
          1. After Contractor has, in the opinion of           provisions of Paragraph 14.09. Otherwise, Engineer will
Engineer, satisfactorily completed all corrections             return the Application for Payment to Contractor, indicat-
identified during the final inspection and has delivered, in   ing in writing the reasons for refusing to recommend final
accordance with the Contract Documents, all maintenance        payment, in which case Contractor shall make the
and operating instructions, schedules, guarantees, bonds,      necessary corrections and resubmit the Application for
certificates or other evidence of insurance certificates of    Payment.
inspection, marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor may                    C. Payment Becomes Due
make application for final payment following the
procedure for progress payments.                                       1. Thirty days after the presentation to Owner of
                                                               the Application for Payment and accompanying docu-
       2. The final Application for Payment shall be           mentation, the amount recommended by Engineer, less
accompanied (except as previously delivered) by:               any sum Owner is entitled to set off against Engineer’s
                                                               recommendation, including but not limited to liquidated
         a. all documentation called for in the Contract       damages, will become due and , will be paid by Owner to
         Documents, including but not limited to the           Contractor.
         evidence of insurance required by Paragraph
         5.04.B.7;                                             14.08 Final Completion Delayed
         b. consent of the surety, if any, to final payment;           A. If, through no fault of Contractor, final
                                                               completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor’s final Application for Payment (for Work                    1. Contractor’s persistent failure to perform the
fully completed and accepted) and recommendation of            Work in accordance with the Contract Documents
Engineer, and without terminating the Contract, make           (including, but not limited to, failure to supply sufficient
payment of the balance due for that portion of the Work        skilled workers or suitable materials or equipment or
fully completed and accepted. If the remaining balance to      failure to adhere to the Progress Schedule established
be held by Owner for Work not fully completed or               under Paragraph 2.07 as adjusted from time to time
corrected is less than the retainage stipulated in the         pursuant to Paragraph 6.04);
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the             2. Contractor’s disregard of Laws or Regulations
payment of the balance due for that portion of the Work        of any public body having jurisdiction;
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms                    3. Contractor’s disregard of the authority of
and conditions governing final payment, except that it         Engineer; or
shall not constitute a waiver of Claims.
                                                                        4. Contractor’s violation in any substantial way
                                                               of any provisions of the Contract Documents.
14.09 Waiver of Claims
                                                                         B. If one or more of the events identified in
         A. The making and acceptance of final payment         Paragraph 15.02.A occur, Owner may, after giving
will constitute:                                               Contractor (and surety ) seven days written notice of its
                                                               intent to terminate the services of Contractor:
         1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,                 1. exclude Contractor from the Site, and take
from defective Work appearing after final inspection           possession of the Work and of all Contractor’s tools,
pursuant to Paragraph 14.06, from failure to comply with       appliances, construction equipment, and machinery at the
the Contract Documents or the terms of any special             Site, and use the same to the full extent they could be
guarantees specified therein, or from Contractor’s             used by Contractor (without liability to Contractor for
continuing obligations under the Contract Documents;           trespass or conversion),
and
                                                                       2. incorporate in the Work all materials and
         2. a waiver of all Claims by Contractor against       equipment stored at the Site or for which Owner has paid
Owner other than those previously made in accordance           Contractor but which are stored elsewhere, and
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.                                3. complete the Work as Owner may deem
                                                               expedient.

ARTICLE 15 - SUSPENSION OF                                               C. If Owner proceeds as provided in Paragraph
                                                               15.02.B, Contractor shall not be entitled to receive any
WORK AND TERMINATION                                           further payment until the Work is completed. If the
                                                               unpaid balance of the Contract Price exceeds all claims,
                                                               costs, losses, and damages (including but not limited to all
                                                               fees and charges of engineers, architects, attorneys, and
15.01 Owner May Suspend Work                                   other professionals and all court or arbitration or other
                                                               dispute resolution costs) sustained by Owner arising out
         A. At any time and without cause, Owner may           of or relating to completing the Work, such excess will be
suspend the Work or any portion thereof for a period of        paid to Contractor. If such claims, costs, losses, and
not more than 90 consecutive days by notice in writing to      damages exceed such unpaid balance, Contractor shall
Contractor and Engineer which will fix the date on which       pay the difference to Owner. Such claims, costs, losses,
Work will be resumed. Contractor shall resume the Work         and damages incurred by Owner will be reviewed by
on the date so fixed. Contractor shall be granted an adjust-   Engineer as to their reasonableness and, when so
ment in the Contract Price or an extension of the Contract     approved by Engineer, incorporated in a Change Order.
Times, or both, directly attributable to any such              When exercising any rights or remedies under this
suspension if Contractor makes a Claim therefor as             Paragraph Owner shall not be required to obtain the
provided in Paragraph 10.05.                                   lowest price for the Work performed.

15.02 Owner May Terminate for Cause                                      D. Notwithstanding Paragraphs 15.02.B and
                                                               15.02.C, Contractor’s services will not be terminated if
                                                               Contractor begins within seven days of receipt of notice
        A. The occurrence of any one or more of the
                                                               of intent to terminate to correct its failure to perform and
following events will justify termination for cause:
proceeds diligently to cure such failure within no more       for Payment within 30 days after it is submitted, or (iii)
than 30 days of receipt of said notice.                       Owner fails for 30 days to pay Contractor any sum finally
                                                              determined to be due, then Contractor may, upon seven
         E. Where Contractor’s services have been so          days written notice to Owner and Engineer, and provided
terminated by Owner, the termination will not affect any      Owner or Engineer do not remedy such suspension or
rights or remedies of Owner against Contractor then           failure within that time, terminate the Contract and
existing or which may thereafter accrue. Any retention or     recover from Owner payment on the same terms as
payment of moneys due Contractor by Owner will not            provided in Paragraph 15.03.
release Contractor from liability.
                                                                        B. In lieu of terminating the Contract and
         F. If and to the extent that Contractor has          without prejudice to any other right or remedy, if
provided a performance bond under the provisions of           Engineer has failed to act on an Application for Payment
Paragraph 5.01.A, the termination procedures of that bond     within 30 days after it is submitted, or Owner has failed
shall supersede the provisions of Paragraphs 15.02.B, and     for 30 days to pay Contractor any sum finally determined
15.02.C.                                                      to be due, Contractor may, seven days after written notice
                                                              to Owner and Engineer, stop the Work until payment is
                                                              made of all such amounts due Contractor, including
15.03 Owner            May        Terminate          For      interest thereon. The provisions of this Paragraph 15.04
Convenience                                                   are not intended to preclude Contractor from making a
                                                              Claim under Paragraph 10.05 for an adjustment in
                                                              Contract Price or Contract Times or otherwise for
          A. Upon seven days written notice to Contractor     expenses or damage directly attributable to Contractor’s
and Engineer, Owner may, without cause and without            stopping the Work as permitted by this Paragraph.
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
                                                              ARTICLE    16                      -        DISPUTE
         1. completed and acceptable Work executed in         RESOLUTION
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
                                                              16.01 Methods and Procedures
         2. expenses sustained prior to the effective date
of termination in performing services and furnishing                    A. Either Owner or Contractor may request
labor, materials, or equipment as required by the Contract    mediation of any Claim submitted to Engineer for a
Documents in connection with uncompleted Work, plus           decision under Paragraph 10.05 before such decision
fair and reasonable sums for overhead and profit on such      becomes final and binding. The mediation will be
expenses;                                                     governed by the Construction Industry Mediation Rules
                                                              of the American Arbitration Association in effect as of the
         3. all claims, costs, losses, and damages            Effective Date of the Agreement. The request for
(including but not limited to all fees and charges of         mediation shall be submitted in writing to the American
engineers, architects, attorneys, and other professionals     Arbitration Association and the other party to the
and all court or arbitration or other dispute resolution      Contract. Timely submission of the request shall stay the
costs) incurred in settlement of terminated contracts with    effect of Paragraph 10.05.E.
Subcontractors, Suppliers, and others; and
                                                                       B. Owner and Contractor shall participate in the
         4. reasonable expenses directly attributable to      mediation process in good faith. The process shall be
termination.                                                  concluded within 60 days of filing of the request. The
                                                              date of termination of the mediation shall be determined
         B. Contractor shall not be paid on account of loss   by application of the mediation rules referenced above.
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.                     C. If the Claim is not resolved by mediation,
                                                              Engineer’s action under Paragraph 10.05.C or a denial
15.04 Contractor May Stop Work or                             pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become
                                                              final and binding 30 days after termination of the
Terminate                                                     mediation unless, within that time period, Owner or
                                                              Contractor:
         A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
         1. elects in writing to invoke any dispute             17.04 Survival of Obligations
resolution process provided for in the Supplementary
Conditions, or
                                                                         A. All representations, indemnifications, warran-
                                                                ties, and guarantees made in, required by, or given in
         2. agrees with the other party to submit the           accordance with the Contract Documents, as well as all
Claim to another dispute resolution process, or                 continuing obligations indicated in the Contract Docu-
                                                                ments, will survive final payment, completion, and
          3. gives written notice to the other party of their   acceptance of the Work or termination or completion of
intent to submit the Claim to a court of competent              the Contract or termination of the services of Contractor.
jurisdiction.
                                                                17.05 Controlling Law
ARTICLE 17 - MISCELLANEOUS                                                A. This Contract is to be governed by the law of
                                                                the state in which the Project is located.


17.01 Giving Notice                                             17.06 Headings
        A. Whenever any provision of the Contract                       A. Article and paragraph headings are inserted
Documents requires the giving of written notice, it will be             for convenience only and do not constitute parts
deemed to have been validly given if:                                   of        these       General        Condition

        1. delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or

          2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the giver of the notice.

17.02 Computation of Times
         A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.

17.03 Cumulative Remedies
         A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
                             SUPPLEMENTAL GENERAL CONDITIONS

1.     GENERAL



       The following supplements modify, change, delete, or add to the General Conditions, where any part
       of the General Conditions is modified or voided by these articles, the unaltered provisions of that part
       shall remain in effect.

2.     DETAILED AMENDMENTS TO THE GENERAL CONDITIONS

       The following Articles of the Standard General Conditions are hereby amended as follows:

ARTICLE 1
:    1:01 A:12 The definition for Contract Documents is hereby amended to insert the word
     “General and Supplementary General Conditions”, after the word “Agreement”

       1:01 A Add the following definitions:

              53.     Standard abbreviations: Wherever reference is made to standard specifications,
              standard of quality or performance, as established by a recognized national authority, the
              reference may be by initials as generally recognized throughout the authority.

              54.     Addenda: Supplements to, change in, or corrections to the Drawings and/or
              Specifications issued in writing by the Engineer during the period of bidding. These addenda
              shall become a part of the contract and modify the Drawings and/or Specifications as
              indicated. No verbal changes in the work as shown or described shall become binding.

              55.     Alternates:    Additions, omissions from, or changes to requirements for the project,
              each of which shall be bid separately and shall be included in or omitted from the contract at
              the discretion of the owner.

              56.      Furnish: To supply at the job site the material, equipment, etc., referred to.
              Installation is not required of the supplier by the Specifications, but shall be arranged for by
              the General CONTRACTOR.

              57.    Provide: To furnish and install in the location shown or approved at the job site, the
              material, equipment, etc., referred to.

ARTICLE 5:    BONDS AND INSURANCE

       Delete the last sentence of Article 5.01B dealing with U.S. Treasury Department Listing and
       substitute the following:

       All the surety companies providing bonds for this project must be registered with the Secretary
       of State of the State of Texas.

       Add to Article 5.04 the following subparagraph:
              C      CONTRACTOR’S PUBLIC LIABILITY AND PROPERTY DAMAGE
              INSURANCE. The Contractor shall procure and shall maintain during the life of this contract
              CONTRACTOR’s Public Liability Insurance for injuries, including accidental death, to any
              one person, and subject to the same limit for each person, on account of one accident, and
              CONTRACTOR’s Property Damage Insurance in amount as follows:

                     Public Liability        One person                     $250,000.00
                                             Aggregate                      $500,000.00

                     Property Damage                                        $300,000.00


ARTICLE 6.    CONTRACTOR’S RESPONSIBILITIES

      Add to subparagraph 6.03A:

     The CONTRACTOR shall notify the OWNER in writing of any conflict between the Manufacturer’s
     directors and the Contract Documents and shall not perform any work on any item until such conflict
     has been resolved.

     Upon reward of the Contract, the OWNER will, on written request of the CONTRACTOR, furnish
     the CONTRACTOR with a certificate of exemption from the Limited Sales, Excise and Use Tax in
     an amount not exceeding the above mentioned bid price for materials or property have been or will
     be utilized in the performance of the Contract to the full extent of the amount for which a certificate
     of exemption is requested.

     Add the following Subparagraph:

              6.22. The CONTRACTOR shall acquaint himself with all matters and conditions
              concerning site and existing construction. any practical criticism or exception regarding
              feature of the work presented in writing with the Proposal will be considered at that time. If
              no criticism or exception is given with the Proposal, it shall be assumed that the Contractor
              agrees that the project, as outlined in the Drawings and Specifications, can be completed
              satisfactorily. After a Contract Agreement to perform the work has been signed by the
              CONTRACTOR, it shall then be his responsibility to provide satisfactory work that will meet
              the full intent of the Contract Documents. The CONTRACTOR shall then pursue this work
              with the other trades so that all phases of the work may be properly coordinated without
              delays or damage to any parts of the work.

ARTICLE 13.    WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTIONS,
              REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.

     Add the following subparagraph:

              13.10 Disputes over Improper Functioning. In case of dispute as to the cause of improper
              functioning of all or any part of the work, the burden of proof that he has complied with the
              Contract Documents rests with the CONTRACTOR for this work. He shall submit in writing
              his opinion of the cause of his recommendation for proving the adequacy of his work. The
              OWNER shall have those tests made, which he deems advisable, by an independent testing
              laboratory of this choice. If any tests so made indicate a defect in material or workmanship,
              or that one or more manufactured components of the work are performing below the standard
              set by the manufacturer’s published data and specifications, the entire cost of all such tests
              shall be paid for the by the CONTRACTOR, and he shall also pay for retesting of the
              corrected work until it functions satisfactorily.

ARTICLE 14.     PAYMENTS AND COMPLETION.

      Add the following to Paragraph 14.06:
      A qualified person representing the CONTRACTOR shall be present at this final inspection to
      demonstrate the systems and prove the performance of the equipment. Prior to this inspection, all
      work shall have been completed, tested, balanced and adjusted and in final operating condition.

      Make the following change to Paragraph 14.07C “Final Payment”

      OWNER shall, within twenty (20) days of presentation to him of an approved application for
      Payment, pay Contractor the amount approved by Engineer.



ARTICLE 16.    DISPUTE RESOLUTION.           Delete this entire Article.

      Add the following Article.

ARTICLE 18. THE CONTRACTOR SHALL COMPLY WITH THE COMPELAND ACT 48,
     STATUTE 948 AND ALL AMENDMENTS OR MODIFICATIONS OF THE
     ORIGINAL ACT OF JUNE 13, 1934.

3.    TEMPORARY FACILITIES

      (a)     Sanitary Facilities for Workmen

                             (1)     CONTRACTOR, shall provide and maintain suitable weathertight,
                     painted sanitary toilet facilities for all workmen for the entire construction period.
                     Comply with all requirements of applicable health authorities. When toilet facilities
                     are no longer required, promptly remove from the site, disinfect and clean the area as
                     required.

              (2)     CONTRACTOR shall keep toilet facility swept and supplied with toilet tissue at
              all times.




      (b)     Weather Protection

                             (1)      Except where otherwise, specified, CONTRACTOR shall, at all
                     times, provide protection against weather, so as to maintain all work, materials, and
                     fixtures free from injury or damages. All new work likely to be damaged shall be
                     covered or otherwise protected as required.

      (c)     Work Areas
                            (1)    The CONTRACTOR shall be confined to all working easements
                    provided. Storage of excavation material and all contractor equipment and material
                    shall remain within the limits of working easements.

4.   TEMPORARY UTILITIES

     The CONTRACTOR shall furnish all temporary utilities as required, for the completion of the
     work.


5.   CONSTRUCTION SEQUENCE

            (1)    That the following sequence of work be used as a basis for preparation to the
            Construction Schedule.

            (2)     To cooperate with and facilitate the Contractor in the whole of the work to be carried
            out subject to the following being observed:

                            (a)     The CONTRACTOR shall, within ten (10) calendar days after the
                    date of the General Contract, submit a Construction Schedule for the approval of the
                    Owner and Engineer. This Schedule shall outline an orderly sequence of construction
                    as required to meet the completion time stipulated in the contract.

                            (b)    The CONTRACTOR shall coordinate his work with that of other
                    contractors whose work may occur at a conflicting time and location. The
                    coordination shall be such that work will be maintained at a normal rate.

                            (c)     Satisfactory access or detour roads shall be provided where necessary
                    due to construction.

6.   MEASUREMENT

     Before ordering any material or doing any work, the CONTRACTOR will verify all measurements of
     any existing and new work and shall be responsible for their correctness. Any differences which may
     be found shall be submitted to the Engineer for consideration before proceeding with the work. No
     extra compensation will be allowed because of differences between actual dimensions and
     measurements indicated on the working drawings.


7.   PROTECTION

            a.        The CONTRACTOR shall send proper notices, make all necessary arrangements and
            perform all other services required for the care, protection and maintenance of all public
            utilities, including fire plugs, telephone and telegraph poles and wires, and all other items of
            this character on or about the site, assuming all responsibility and paying all costs for which
            the OWNER may be liable.

            b.     Temporary Drainage. The CONTRACTOR shall construct and maintain all
            necessary temporary drainage and do all pumping necessary to keep the excavation fee of
            water.
          c.      Bracing, Shoring and Sheeting. The CONTRACTOR shall provide all shoring,
          bracing and sheeting as required for safety and for the proper execution of the work; and have
          same removed when the work is completed.

          d.     Fires shall not be built on the premises except by the express consent of the OWNER
          and City Fire Marshall.

8.   CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

          a.      The CONTRACTOR shall not commence work under this Contract until he has
          obtained all the insurance required under this paragraph and such insurance has been
          approved by the OWNER, nor shall the CONTRACTOR allow any subcontractor to
          commence work on this Contract until the insurance required of the subcontractor has been
          so obtained and approved.

          b.      Compensation Insurance. The CONTRACTOR shall procure and shall maintain,
          during the life of his Contract, Workmen’s Compensation Insurance for all of his employees
          to be engaged in work on this project under this Contract and, in case of any such work
          sublet, the Contractor shall require the subcontractor similarly to provide Workmen’s
          Compensation Insurance for all the latter’s employees to be engaged in such work unless
          employees are covered by the protection afforded by the CONTRACTOR’S Compensation.

                  Insurance. In case of any class of employees engaged in hazardous work on the
          project under this Contract is not protected under the Workmen’s Compensation Statute, the
          CONTRACTOR shall provide and shall cause each subcontractor to provide adequate
          insurance for employees not otherwise protected.

          c.      CONTRACTOR’s Public Liability and Property Damage Insurance.                    The
          CONTRACTOR shall procure and shall maintain during the life of this contract, Contractor’s
          Public Liability Insurance for injuries, including accidental death, to any one person, and
          subject to the same limit for each person, on account of one accident, and CONTRACTOR’S
          Property Damage Insurance in amounts as follows:

          Public Liability:                      One Person                      $250,000.00
                                                 Aggregate                       $500,000.00

          Property Damage                                                        $300,000.00

          Automobile Property Damage:                                            $100,000.00
          Automobile Public Liability:           One Person                      $250,000.00
                                                 Aggregate                       $500,000.00

               NOTE: Automobile insurance shall cover all automobiles and trucks owned by the
          CONTRACTOR.

          d.      Subcontractor’s Public Liability and Property Damage Insurance.               The
          CONTRACTOR shall require each of his subcontractors to procure and maintain during the
          life of his subcontract, Subcontractor’s Public Liability and Property Damage Insurance of
          the type specified in subparagraph C hereof, in amounts approved by the OWNER.

          e.       Proof of Carriage of Insurance. The CONTRACTOR shall furnish the OWNER with
          certificates showing the type, amount class of operations covered, effective dates and dates of
             expiration of policies. Such certificates shall also contain substantially the following
             statements. “The insurance covered by this certificate will not be concealed or materially
             altered except after ten days written notice has been received by the “OWNER”.

9.    ACCIDENT PREVENTION

      Precaution shall be exercised at all times for the protection of persons (including employees) and
      property, and hazardous conditions shall be guarded against or eliminated.

10.   TIME FOR COMPLETION AND LIQUIDATED DAMAGES

             a.      It is hereby understood and mutually agreed, by and between the parties hereto, that
             the date of beginning, rate of progress and the time for completion of the work to be done
             thereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually
             understood and agreed, by and between the parties hereto, that the work embraced in this
             Contract shall be commences on a date to be specified in the work order.
             b.      The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently,
             and uninterrupted at such rate of progress as will insure full completion thereof within the
             time specified. It is expressly understood and agreed, by and between the parties hereto, that
             the time for the completion of the work described herein is a reasonable time for completion
             of same, taking into consideration the average climatic range and usual industrial conditions
             prevailing in the locality.

             c.      If the said CONTRACTOR shall neglect, fail or refuse to complete the work within
             the time herein specified, then the said Contractor does hereby agree, as a part consideration
             for awarding of this Contract, not as a penalty but as liquidated damages for such breach of
             calendar day that the CONTRACTOR shall be in default after the time stipulated in the
             Contract for completing the work.

             d.      The Damage to OWNER by reason of this contract not being completed as of that
             date are parties hereto have therefore fixed and limited such damages to the amount stated in
             the agreement per day for each day the job runs beyond such date and the fixing of such
             damages constitutes a part of the consideration for the Contract.

             e.      It is further agreed that time is of the essence of each and every portion of this
             contract and of the specifications wherein a definite and certain length of time is fixed for the
             performance of any act whatsoever; and where, under the Contract, additional time is allowed
             for the completion of any work, the new time fixed by such extension shall not be charged
             with liquidated damages or any excess cost when the delay in the completion of work is due:

             (1)     To any preference, priority or allocation order duly issued by the Government.

                             (2)     To enforceable cause, beyond the control and without the fault or
                     negligence of the CONTRACTOR, including, but not restricted to, acts of God, or the
                     public enemy, acts of the OWNER, acts of another Contractor in the performance of
                     the Contract with OWNER, fires, floods, epidemics, Quarantine restriction, strikes,
                     freights embargoes, and unusually severe weather.

                            (3)      To any delays of subcontractors and/or material suppliers occasioned
                     by any of the causes specified in (1) and (2).

                            (4)     Provided, further, that the Contractor shall, within seven (7) days
                     from the beginning of such delay, notify the OWNER, in writing, of the causes of the
                     delay, who shall ascertain the facts and extent of the delay and notify the
                     CONTRACTOR within a reasonable time of its decision in the matter.

11.   INSPECTION AND TESTING OF MATERIALS

             a.      All materials and equipment/furnished by manufacturers shall be tested, inspected,
             and certified in accordance with the Contract Documents, laws,    ordinances, or any
             public authority requiring any work to be specifically tested. The cost of such tests,
             inspections and certifications shall be borne by the CONTRACTOR.

             b.      The CONTRACTOR shall cooperate with the testing laboratory to the end that the
             function and services of the laboratory may be properly performed. The Contractor shall
             give the OWNER’s representative and testing laboratory a minimum of twenty-four (24)
             hours notice of readiness for all testing as required. Costs of all field tests by such a
             laboratory shall be borne by the OWNER, unless otherwise stipulated in the Supplementary
             General Conditions, Article 13.

12.   REFERENCE POINTS

      The ENGINEER will establish horizontal and vertical controls only (reference points and
      benchmarks) as shown on the construction plans.

      The CONTRACTOR must notify the ENGINEER at least 48 hours prior to starting work on any
      section or part of the work where controls have not been established or are not identifiable or visible
      to the CONTRACTOR.

      The ENGINEER will upon such advance notice assist the CONTRACTOR in locating and
      identifying the various CONTRACTORS in locating and identifying the various control points and
      will replace any control points that have been destroyed by others prior to beginning of
      CONTRACTOR’s operations.

      After the control points are established and/or identified as outlined above, maintenance of such
      control points will be the responsibility of the CONTRACTOR. Any re-staking required for any
      reason thereafter shall be the final responsibility of the CONTRACTOR.

      The CONTRACTOR will provide all other construction staking (cut stakes, blue topping,
      intermediate string line control, etc.) required to verify grades, depths, thickness and alignment of
      the various items of construction.

13.   SERVICES AT START UP

      The CONTRACTOR shall provide the services of technical representative, for the CONTRACTOR
      furnished equipment, for a sufficient period to assist in start up and initial adjustment of all
      equipment and to train, advise and consult with the OWNER’s operating personnel.

14.   PERMITS

      Permits, fees and licenses necessary for the pursuit of the work shall be obtained and paid for by the
      CONTRACTOR.

15.   MAINTENANCE OF SITE AND CLEANUP
      The work site shall be kept reasonably clean at all times. Surplus materials shall be disposed of by
      the CONTRACTOR except for those designated to be salvaged. In final cleanup operations, all
      equipment, scrap materials and temporary structures shall be removed and the site left clean.

16.   PROTECTION AND REPLACEMENT OF PROPERTY

      Driveways, culverts, storm sewer inlets and laterals, and other public or private property that is
      destroyed or removed during the construction shall be replaced to its original condition by the
      CONTRACTOR. Temporary drainage is to be provided as necessary.

17.   CONSTRUCTION AREA

      CONTRACTOR shall be responsible to maintain and protect in good condition the construction area
      while under construction and all exposed areas that become damaged shall be CONTRACTOR’s
      responsibility to repair at no cost to owner. This includes construction area being exposed to rainfall,
      vehicular traffic, etc.

18.   PROTECTION OF TREES, AND SHRUBS

      Care shall be exercised to prevent damage to trees, plants and shrubs along the work site. No tree,
      plant or shrub shall be removed unless it interferes unduly with the construction work. Permission for
      such removal must first be obtained from the ENGINEER. Provisions of the Technical
      Specifications shall govern in matters of this nature.

19.   BARRICADES AND WARNINGS

      Adequate barricades and warning devices shall be provided at the work site. Lights shall be provided
      between sunset and sunrise when necessary in the opinion of the ENGINEER in accordance with the
      Traffic Controllers Manual.

20.   LOCATION OF & DAMAGE TO EXISTING UTILITIES AND STRUCTURES

      The CONTRACTOR is responsible for locating underground obstacles. It is not represented that the
      Plans show all sewers, water lines, gas lines, telephone lines, and other underground obstacles. The
      CONTRACTOR shall exercise caution to prevent damage to existing facilities during the progress of
      the construction work, taking care to locate same, where possible, in advance of the actual work. The
      ENGINEER will render all assistance possible to the CONTRACTOR in the matter of determining
      the location of existing utilities by making available such maps, records and other information as
      may be accessible to him, when requested to do so, but the accuracy of such information will not be
      guaranteed. The CONTRACTOR shall make good all damage existing utilities resulting from his
      operations. Where a pipe, duct or other structure of a utility is exposed, which, in the opinion of the
      ENGINEER requires strengthening, altering or moving, the CONTRACTOR shall perform such
      work on same, as the ENGINEER may order, which work will be paid for as extra work in
      accordance with the terms of the Contract relating to extra work. Should the CONTRACTOR, in the
      layout of his work, encounter any pipe, underground utility, or structure, the location of which has
      not been furnished to him by the ENGINEER, he shall bring such conditions to the attention of the
      ENGINEER for his determination of the method to be used to remove or bypass such obstructions.

      It is essential that in the event of any damage being caused to existing units then immediate attention
      be given to their repair, if necessary at the expense of labor and material scheduled to be employed at
      the new work. Any repair work carried out shall be at the cost of the CONTRACTOR and shall be
      the to the complete satisfaction of the OWNER, who will acknowledge the same in writing.
      It is therefore the duty of the CONTRACTOR prior to the commencement of construction to inspect
      and accurately record in writing to the OWNER and ENGINEER, the conditions of any unit which
      he reasonably suspect or knows to be damaged, faulty, or defective.

      In addition, any such unit(s) so recorded, which in the opinion of the Contractor may deteriorate
      further as a result of the proposed mode of operations should be protected and/or remedial measures
      employed as agreed to, and at the cost of the Owner.

21.   MATERIALS AND WORKMANSHIP

      No material which has been used by the CONTRACTOR for any temporary purpose whatsoever is to
      be incorporated in the permanent structure without written consent of the ENGINEER. Where
      materials or equipment are specified by a trade for brand name, it is not the intention of the Owner to
      discriminate against an equal product of 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 thing referred
      to shall be properly the equivalent of or equal to some other thing, in the opinion of judgment of the
      ENGINEER. Unless otherwise specified. all materials shall be of the best of their respective kinds
      and shall be in all cases fully equal to the approved samples.
      Notwithstanding that the words “or equal to” or other such expressions may be used in the
      Specifications in connection with a material, manufactured article or process, the material,, article or
      process specifically designated shall be used, unless a substitute shall 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.

22.   CUTTING, PATCHING AND FITTING

      The CONTRACTOR shall perform all cutting, patching, or fitting of this work that may be required
      to make its several parts come together properly and fit it to receive or be received by work or others
      shown on, or reasonably implied to the drawings and Specifications for the completed 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 authorized in writing by the ENGINEER and the OWNERS of such other work.

23.   RIGHT OF ENTRY

      The OWNER reserves the right to enter the property or location on which the work herein contracted
      for is to be constructed or installed, by such agents as it may elect, for the purpose of supervising and
      inspecting the work, or for the purpose of constructing or installing collateral work as said OWNER
      may desire.


24.   SUPERINTENDENT AND INSPECTION BY OWNER

      It is agreed by the CONTRACTOR that the OWNER shall be and is hereby authorized to appoint
      from time to time subordinate engineers, supervisors, or inspectors, as the said OWNER may deem
      proper, to inspect the material furnished and work done under this agreement, and to see that the said
      material is furnished and said work is done in accordance with the Specifications. The
      CONTRACTOR shall regard and obey the directions and instructions of any sub-coordinate
      engineers, supervisors, or inspectors as appointed, when such directions are consistent with the
      obligations of this agreement and these accompanying Specifications, provided, however, that should
      the CONTRACTOR object to any order by any subordinate engineer, supervisor, or inspector, the
      CONTRACTOR may, within six (6) days, make written notice to the ENGINEER for his decision.
      Except, as herein before provided, the authority of subordinate engineers, supervisors, or inspectors
      shall be limited to the rejection of unsatisfactory work and materials and to the suspension of the
      work, until the question of acceptability can be referred to the ENGINEER.




25.   SUPERINTENDENT BY CONTRACTOR

      Except where the CONTRACTOR is an individual and gives his personal superintendent to the work,
      the CONTRACTOR shall provide a competent superintendent, satisfactory to the OWNER and the
      ENGINEER, on the work at all times during working hours with full authority to act from him. The
      CONTRACTOR shall provide an adequate staff for the proper coordination and expediting of his
      work.

      The CONTRACTOR shall provide an on-site representative, satisfactory to the OWNER and the
      ENGINEER, available at all times (i.e., twenty-four (24) hours per day, seven (7) days per week).
      The on-site representative shall be stationed close enough to be on the site within 30 minutes of
      notification. The on-site representative shall have full access to all equipment and material and have
      full authority necessary to correct any problems, deficiencies, or emergencies which may arise during
      non-working hours and during the absence of the superintendent.

      The name, address, and phone number of both the superintendent and the on-site representative shall
      be given in writing to the ENGINEER and the Local Public Agency prior to the beginning of
      construction.

      Additional provisions concerning superintendent by the CONTRACTOR are given in General
      Condition 102 of these Contract Documents.

26.   “AS BUILT” DRAWINGS

       A complete set of contract drawings shall be stapled together and the official “As Built” set on
      which the CONTRACTOR shall record currently the work carried out through all phases of
      construction.

      The set shall be kept in the office in a neat and clean condition and be available for inspection by the
      OWNER or ENGINEER at any time during the Contract period. At the completion of the Contract it
      shall be handed to the ENGINEER accompanied by a letter stating that each drawing has been signed
      by the CONTRACTOR to the effect that the drawings are a true and accurate record of the work
      carried out.
27.   ACCEPTANCE AND FINAL PAYMENT

      Upon written notice that the work is ready for inspections and acceptance, the OWNER shall
      promptly make such inspection, and when he finds the work acceptable under the Contract fully
      performed, he shall promptly issue a final certificate over his own signature, stating that the work
      provided for in this Contract has been completed and is accepted by him under the terms and
      conditions thereof, and the entire balance found to be due the CONTRACTOR, including the
      retained percentages, shall be paid to the CONTRACTOR at the office of the OWNER within fifteen
      (15) days after the date of said final certificate. The CONTRACTOR shall submit satisfactory
      evidence to the OWNER that all payrolls, material bills, and other indebtedness connected with the
      work have been paid before the final certificate is issued.
      The making and acceptance of the final payment shall constitute a waiver of all claims by the
      OWNER, other than those arising from unsettled liens, from faulty work appearing after final
      payment or from requirements of the Specifications, and of all claims by the CONTRACTOR, except
      those previously made and still unsettled.

28.   GUARANTEE

      The work shall be guaranteed to be free from defects due to faulty workmanship or materials for a
      period of one year from the date of issue of the Certificate of Acceptance. Work found to be
      improper or imperfect shall be replaced or drone without cost to the OWNER within the year
      guarantee period. Neither the Certificate nor Acceptance, final payment, of any provision of the
      Contract Documents shall free the CONTRACTOR from his guarantee. Failure to repair or replace
      faulty work entitles the OWNER to repair or replace the same and recover the costs from the
      CONTRACTOR and/or his Surety. The CONTRACTOR shall be the sole guarantor of the work
      installed under this contract and no third party guarantees by subcontractors or suppliers of various
      components or materials will be acceptable, nor shall agreements with subcontractors or material or
      component suppliers by the CONTRACTOR reduce the CONTRACTOR’s responsibility under this
      agreement. The Performance Bond shall remain in full force and effect through the guarantee period.

29.   PREFERENCE IN EMPLOYMENT

      Preference employment shall be given to resident citizens of the area where such persons are
      available and fully qualified to perform the work to which the employment relates.

30.   ANTI-KICKBACK REGULATIONS

      The CONTRACTOR shall comply with the Copeland Act 48, Statute 948 and all amendments or
      modifications of the original act of June 13, 1934.

31.   CONTRACTOR’S RESPONSIBILITY

      Nothing in these documents shall be constructed as relieving the CONTRACTOR of sole
      responsibility for coordinating all work, work schedules, and securing proper interface between the
      various trades, and Subcontractors.

32.   BRAND NAMES

      The items listed by brand name are to indicate level of quality only and are not a propriety name.
      They should have added to the listing of a brand name the phrase-“Or Equal”.

33.   OPERATIONS & MAINTENANCE LITERATURE

      All items of equipment required for this contract shall be bid to provide and include as part of the
      price, literature explaining “Operation & Maintenance” of that item of      equipment.        If a
      manufacturer does not print such a standard O & M Manual approved, in writing, by the
      Manufacturer.



34.   MODIFICATIONS OR BID OR WITHDRAWAL PRIOR TO OPENING
          At any time prior to bid opening, the CONTRACTOR may, after handing in or submitting his bid,
          obtain his bid for purposes of modification or withdrawal. Bid opening is defined at the time and
          date at which bids are received and publicly opened. No bid will be received after that time and date.

35.       RETAINAGE AND PROGRESS PAYMENTS

          OWNER will make monthly progress payments to CONTRACTOR in response to properly
          submitted and approved pay requests utilizing the format included in this project manual. Amount
          due each pay request shall be equal to the Gross amount of work completed to date, less ten percent
          (10%) retainage, less previous payments made on the project.




form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 1 of 4
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions
are included in this Contract pursuant to the provisions applicable
to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work will be paid unconditionally
and not less often than once a week, and without subsequent
deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary
of Labor which is attached hereto and made a part hereof, regardless
of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under Section l(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during
such weekly period.
Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification
of work actually performed, without regard to skill, except
as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated
at the rate specified for each classification for the time actually
worked therein: Provided, That the employer’s payroll records
accurately set forth the time spent in each classification in which
work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the contractor and its subcontractors at the site of
the work in a prominent and accessible, place where it can be
easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination.
HUD shall approve an additional classification and wage
rate and fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification requested is
not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained
in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives,
and HUD or its designee agree on the classification and wage
rate (including the amount designated for fringe benefits where
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Office of Labor Relations
appropriate), a report of the action taken shall be sent by HUD or
its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD
or its designee do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise HUD
or its designee or will notify HUD or its designee within the 30-day
period that additional time is necessary. (Approved by the Office
of Management and Budget under OMB Control Number 1215-
0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph,
shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed
in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit which
is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a
plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, that the applicable standards
of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld from the contractor
under this contract or any other Federal contract with the
same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments
or advances as may be considered necessary to pay laborers
and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee
or helper, employed or working on the site of the work, all or part
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 2 of 4
of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and
on account of the contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General shall
make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work.
Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof
of the types described in Section l(b)(2)(B) of the Davis-bacon
Act), daily and weekly number of hours worked, deductions made
and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in Section
l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing
such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and
the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
designee if the agency is a party to the contract, but if the agency
is not such a party, the contractor will submit the payrolls to the
applicant sponsor, or owner, as the case may be, for transmission
to HUD or its designee. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained
under 29 CFR 5.5(a)(3)(i). This information may be submitted
in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of
Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime contractor
is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a “Statement
of Compliance,” signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other
than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash equivalents
for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall satisfy
the requirement for submission of the “Statement of Compliance”
required by subparagraph A.3.(ii)(b).
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required
under subparagraph A.3.(i) available for inspection, copying,
or transcription by authorized representatives of HUD or its
designee or the Department of Labor, and shall permit such representatives
to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee may, after
written notice to the contractor, sponsor, applicant or owner, take
such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less
than the predetermined rate for the work they performed when
they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Office
of Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the Office, or if
a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the
ratio permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman’s hourly rate)
specified in the contractor’s or subcontractor’s registered program
shall be observed. Every apprentice must be paid at not less
than the rate specified in the registered program for the
apprentice’s level of progress, expressed as a percentage of the
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 3 of 4
journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits, apprentices must
be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted
to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will
not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department
of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than
the rate specified in the approved program for the trainee’s level
of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits
listed on the wage determination unless the Administrator of the
Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage
rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under 29 CFR Part 5 shall be in
conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR Part 3 which are
incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in
any subcontracts the clauses contained in subparagraphs 1
through 11 of this paragraph A and such other clauses as HUD or
its designee may by appropriate instructions require, and a copy
of the applicable prevailing wage decision, and also a clause requiring
the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the contract
and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related
Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated
by reference in this contract
9. Disputes concerning labor standards. Disputes arising out
of the labor standards provisions of this contract shall not be subject
to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department
of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee,
the U.S. Department of Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor’s firm is a person
or firm ineligible to be awarded Government contracts by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant
to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal
Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration
transactions”, provides in part: “Whoever, for the purpose
of . . . influencing in any way the action of such Administration.....
makes, utters or publishes any statement knowing the same to be
false..... shall be fined not more than $5,000 or imprisoned not
more than two years, or both.”
11. Complaints, Proceedings, or Testimony by Employees.
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor
or any subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding
or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to
his employer.
B. Contract Work Hours and Safety Standards Act. The provisions
of this paragraph B are applicable only where the amount of
the prime contract exceeds $100,000. As used in this paragraph, the
terms “laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve
the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages.
In the event of any violation of the clause set forth in subparaform
HUD-4010 (07/2003)
ref. Handbook 1344.1
Previous edition is obsolete Page 4 of 4
graph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set
forth in subparagraph (1) of this paragraph, in the sum of $10 for
each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of 40 hours without
payment of the overtime wages required by the clause set forth in
sub paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the
same prime contract, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor
or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in subparagraph (1)
through (4) of this paragraph and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth
in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable
only where the amount of the prime contract exceeds
$100,000.
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary
of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 and failure to
comply may result in imposition of sanctions pursuant to the Contract
Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The Contractor shall include the provisions of this paragraph
in every subcontract so that such provisions will be
binding on each subcontractor. The Contractor shall take such
action with respect to any subcontract as the Secretary of
Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
                                     HUD Form 950 (11-78)

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 CERTIFICATION BY PROPOSED CONTRACTOR REGARDING
          EQUAL EMPLOYMENT OPPORTUNITY
         SIGNATURE                                 INSTRUCTIONS
         DATE
      This certification is required pursuant to Executive Order 11246 (30 F.R. 1231925). The implementing
      rules and regulations provide that any bidder or prospective contractor, or any of their proposed
      subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
      participated in any previous contract or subcontract subject to the equal opportunity clause; and, if
      so, whether it has filed all compliance reports due under applicable instructions.

      Where the certification indicates that the bidder has not filed a compliance report due under
      applicable instructions, such bidder shall be required t submit a compliance report within seven
      calendar days after bid opening. No contract shall be awarded unless such report is submitted.


                                         CERTIFICATION BY BIDDER
     NAME AND ADDRESS OF BIDDER (Include Zip Code)



1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
      Clause?                                                Yes                    No
      2. Compliance reports were required to be filed in connection with such contract or
      subcontract.                                                         Yes
      No    ________N/A
      3. Bidder has filed all compliance reports due under applicable instructions, including EEO-1. (applies only to
         employers with 50+ employees)
                                                            Yes                     No
      ________N/A
      4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as
         amended?                          Yes                    No




      NAME AND TITLE OF SIGNER (Print or Type.)
      NAME OF PRIMARY CONTRACTOR:

      PROJECT NAME/NUMBER:




                               CERTIFICATION BY SUBCONTRACTOR
      NAME AND ADDRESS OF SUBCONTRACTOR (Include Zip Code)


1. Subcontractor has participated in a previous contract or subcontract subject to the Equal
     Opportunity Clause?                                     Yes                    No
      2. Compliance reports were required to be filed in connection with such contract or
      subcontract.                                                                Yes
               No ________N/A
         3. Bidder has filed all compliance reports due under applicable instructions, including EEO-1. (applies
            only to employers with 50+ employees)
                                                                    Yes                     No
      ________N/A
      4. Have you ever been or are you being considered for sanction due to violation of
          Executive Order   11246, as amended?                                     Yes
               No
                                                                          HUD Form 950.2 (11-78)




                          U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                         CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
                                    EQUAL EMPLOYMENT OPPORTUNITY
                                                      INSTRUCTIONS
        This certification is required pursuant to Executive Order 11246 (30 F.R. 1231925). The
        implementing rules and regulations provide that any bidder or prospective contractor, or
         AND TITLE OF SIGNER (Print or Type.)
   NAMEany of their proposed subcontractors, shall state as an initial part of the bid or negotiations
        of the contract whether it has participated in any previous contract or subcontract subject
            HUD Form opportunity clause; and, if so, whether it has filed all compliance reports due
        to the equal 1421
   SIGNATURE applicable instructions.
        under                                                                 DATE

         Where the certification indicates that the bidder has not filed a compliance report due under
         applicable instructions, such bidder shall be required to submit a compliance report within
         seven calendar days after bid opening. No contract shall be awarded unless such report is
         submitted.
                              CERTIFICATION OF BIDDER REGARDING SECTION 3
                                  AND SEGREGATED FACILITIES



Name of Prime Contractor                             Project Name & Number


The undersigned hereby certifies that:

   a)       Section 3 provisions are included in the Contract,

   b)       A written Section 3 plan was prepared and submitted as part of the bid proceedings,

   c)       No segregated facilities will be maintained.




Name & Title of Signer (Print of Type)




Signature                                            Date
   CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND
                        SEGREGATED FACILITIES



Name of Subcontractor                                Project Name & Number


The undersigned hereby certifies that:

   d)       Section 3 provisions are included in the Contract,

   e)       A written Section 3 plan was prepared and submitted as part of the bid proceedings,

   f)       No segregated facilities will be maintained.




Name & Title of Signer (Print of Type)




Signature                                            Date
                            U.S. Department of Housing and Urban Development
                              COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
                                                Contractor’s Certification
                          CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

      To: Community Development Department—Brownsville                         Date:

      Project Name:                                                            Project Number:

1. The undersigned, having executed a contract with the Community Development Department—City of Brownsville
for the construction of the above-identified project, acknowledges that:
               (a) The Labor Standards provisions are included in the aforesaid contract;
               (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his
                   subcontractors and any lower tier subcontractors, is his responsibility;
      2. He certifies that:
            (a) Neither he nor any firm, partnership or association in which he has substantial interest is
                 designated as an ineligible contractor by the Comptroller General of the United States
                 pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR,
                 Part 5) or pursuant to Section 3 (a) of the Davis-Bacon Act, as amended (40 U.S.C. 276 a-
                 2(a)).
            (b) No part of the aforementioned contract has been or will b subcontracted to any
                 subcontractor if such subcontractor or any firm, corporation, partnership association in
                 which such subcontractor has a substantial interest is designated as an ineligible contractor
                 pursuant to any of the aforementioned regulatory or statutory provisions.
      3. He agrees to obtain and forward to the aforementioned recipient within tend days after the execution
      of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a
      Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements
      executed by the subcontractors.
      4.   He certifies that:
             (a) The legal name and the business address of the undersigned are:
               (b) The undersigned is : (Circle One)
                    A Single Proprietorship                A Corporation organized in the State of       _____
                    A Partnership                          Other Organization
      The name, title and address of the owner, partners or officers of the undersigned are:
                NAME                                      TITLE                                ADDRESS




      BY                                                              BY
                          (Contractor)                                                     (Signature)
       (Sub-Contractor)                                   (Signature)


HUD Form 1422
                   U.S. Department of Housing and Urban Development
                     COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
                                 Subcontractor’s Certification
                  CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS

To: Community Development Department—Brownsville               Date:

Project Name:                                                  Project Number:
1. The undersigned, having executed a contract with                                            for
                                      (nature of work) in the amount of $                 in         the
construction of the above mentioned project, certifies that:
       (a) The Labor Standards provisions are included in the aforesaid contract;
       (b) Neither he nor any firm, partnership or association in which he has substantial interest is
           designated as an ineligible contractor by the Comptroller General of the United States
           pursuant to Section 5.6 (b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR,
           Part 5) or pursuant to Section 3 (a) of the Davis-Bacon Act, as amended (40 U.S.C. 276 a-
           2(a)).
       (c) No part of the aforementioned contract has been or will b subcontracted to any
           subcontractor if such subcontractor or any firm, corporation, partnership association in
           which such subcontractor has a substantial interest is designated as an ineligible contractor
           pursuant to any of the aforementioned regulatory or statutory provisions.
2. He agrees to obtain and forward to the aforementioned recipient within tend days after the execution
of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a
Subcontractor’s Certification Concerning Labor Standards and Prevailing Wage Requirements
executed by the subcontractors.
       (a) The workmen will report for duty on or about                                  (Date)
3. He certifies that:
      (a) The legal name and the business address of the undersigned are:


        (b) The undersigned is: (Circle One)
           A Single Proprietorship           A Corporation Organized in the State __________
           A Partnership                     Other Organization_________________________
       (c) The name, title and address of the owner, partners or officers of the undersigned are:

         NAME                              TITLE                            ADDRESS




 BY                                                  BY
  CITY OF BROWNSVILLE CDBG PROGRAM

  CERTIFICATE FROM CONTRACTOR APPOINTING OFFICER OR EMPLOYEE
               TO SUPERVISE PAYMENT OF EMPLOYEES


  Contractor Name



  Location



  (I) (We) do hereby certify that (I am) (we are) (the prime contractor) (a subcontractor)
  _____________________ (specify "General Construction/Plumbing/Roofing", etc.) in connection with
  construction of the above-mentioned Project, and that (I) (we) have appointed
  whose signature appears below, to supervise the payment of (my) (our) employees beginning
  _____________________, 2007; that he/she is in a position to have full knowledge of the facts set forth
  in the payroll documents and in the statement of compliance required by the so-called Anti-Kickback
  Statute which he/she is to execute with (my) (our) full authority and approval until such time as (I) (We)
  submit to the City of Brownsville a new certificate appointing some other person for the purposes herein
  above stated.



                                    Name of Firm of Corporation

                                                      Attest (if required):


                                                                                        _____
  Signature of Appointee                              Signature of Person Making Appointment

                                                                                            _____
  Name                                                Name


                                                                                            _____
Title                                                 Title




                               PERMISSIBLE PAYROLL DEDUCTIONS
                                                                                                   s
The "Anti-Kickback" regulations of the Copeland Act permit the following deductions from the worker'
weekly wages"

1.     Where required by Federal, State or local statutes.

2.     Bona fide prepayment of wages without discount of interest.

3.     Deductions required by court process, provided such a deduction is not in favor of the
       contractor, subcontractor, or any affiliated person, or where collusion exists.

4.     The purchase price of United States Notes, Stamps and Bonds.

5.     The repayment of loans, to or the purchase of shares, in credit unions organized and operated
       in accordance with Federal or State statutes.

6.     Contributions to a Federal Governmental or quasi-governmental agency.

7.     The payment of dues or premiums to unaffiliated associations for medical or hospitalization
       insurance where the employer is not required by law to supply such benefits.

8.     Contributions to the Red Cross and Community Chests.

9.     Regular union initiation fees and membership dues where a collective bargaining agreement
       provides for such deductions. (This does not include work permits or special assessments.




                                S
                      CONTRACTOR' SECTION 3 PLAN
                                                                       agrees to implement the specific
following affirmative action steps directed at increasing the utilization of lower income residents and
businesses within the City of Brownsville.
   A.                                        s
            To ascertain from the locality' CDBG program official the exact boundaries of the Section 3
            covered project area and where advantageous, seek the assistance of local officials in
            preparing and implementing the affirmative action plan.
   B.       To attempt to recruit from within the city, the necessary number of lower income residents
            through: local advertising media, signs placed at the proposed site for the project, and
            community organizations and public or private institutions operating within and servicing the
            project area such as Service Employment and Redevelopment (SER), Opportunities
            Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown
            Plan, or the U.S. Employment Service.
   C.       To maintain a list of all lower income residents who have applied either on their own or on
            referral from any source, and to employ such persons, if otherwise eligible and if a vacancy
            exists.
   D.       To insert this Section 3 plan in all bid documents and to require all bidders on subcontracts to
            submit a Section 3 affirmative action plan including utilization goals and the specific steps
            planned to accomplish these goals.
   E.       To insure that subcontracts (greater than $10,000) which are typically let on a negotiated rather
            than on a bid basis in areas other than the Section 3 covered project areas are also let on a
            negotiated basis, whenever feasible, will let in a Section 3 covered project area.
   F.       To formally contact unions, subcontractors, and trade associations to secure their cooperation in
            this effort.
   G.       To insure that all appropriate project area business concerns are notified of pending
            subcontractual opportunities.
   H.       To maintain records, including copies of correspondence, memoranda, etc., which document
            that all of the above affirmative action steps have been taken.
   I.       To appoint or recruit an executive official of the company or agency as Equal Opportunity
            Officer to coordinate the implementation of this Section 3 plan.
   J.       To maintain records concerning the amount and number of contracts, subcontracts, and
            purchased which contribute to Section 3 objectives.
   K.       To maintain records of all projected workforce needs for all phases of the project by occupation,
            trade, skill level, and number of positions and to update these projections based on the extent to
            which hiring meets Section 3 objectives.

   As officers and representatives of                                                  (Company),

   We the undersigned have read and fully agree to the Section 3 Affirmative Action Plan, and become a
   party to the full implementation of the program and its provisions.

   ______________________________                  ______________________________
   Signature            Date                       Signature            Date

   ______________________________                  _______________________________
   Title                Date                       Title                 Date




                          ESTIMATED PROJECT WORKFORCE BREAKDOWN

COLUMN 1                 COLUMN 2            COLUMN 3                  COLUMN 4           COLUMN 5

JOB CATEGORY             TOTAL ESTIMATE      NO. POSITIONS CURRENTLY   NO. POSITIONS      NO. POSITIONS TO BE
                                             OCCUPIED BY PERMANENT     NOT CURRENTLY      FILLED WITH L.I.P.A.R.
                         POSITIONS           EMPLOYEES                 OCCUPIED

OFFICERS/SUPERVISORS
PROFESSIONALS

TECHNICIANS

HOUSING SALES/RENTAL
MANAGEMENT


OFFICE CLERICAL

SERVICE WORKERS

OTHERS
   TRADE:
JOURNEYMEN

COMMON LABORERS

APPRENTICES

MAXIMUM NO. TRAINEES

OTHERS
   TRADE:

JOURNEYMEN

COMMON LABORERS

APPRENTICES

MAXIMUM NO. TRAINEES

OTHERS
   TRADE:
JOURNEYMEN

COMMON LABORERS

APPRENTICES

MAXIMUM NO. TRAINEES

OTHERS



TOTAL

   Lower Income Project Area Residents.
   Individuals residing within the City of Brownsville, whose family income          ________________________
   does not exceed 80% of the medium income.                                         COMPANY NAME




   Certification Regarding                                                     U.S. Department of Housing
   DISADVANTAGED BUSINESS ENTERPRISES                                         and Urban Development
   Debarment and Suspension
   LOBBYING
                                        CERTIFICATION FORM
A)   COMPLIANCE WITH REQUIREMENTS FOR THE PARTICIPATION OF
     DISADVANTAGED BUSINESS ENTERPRISES (DBE'                    s)
     The bidder hereby certifies that it will not discriminate on the basis or race, color,
     national origin, or sex in the performance of this contract. The requirements of 49 CFR
     Part 26 and U.S. DOT approved Disadvantage Business Enterprise (DBE) program are
     incorporated in this contract by reference.
B)   DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY
     EXCLUSION LOWER TIER COVERED TRANSACTIONS
     The bidder certifies that neither the bidder, its third party subcontractors, nor its
     principals is presently debarred, suspended, proposed for debarment, declared
     ineligible, or voluntarily excluded from participation in this transaction by any Federal
     department or agency.
C)   CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
     The bidder certifies that no Federal appropriated funds have been paid or will be paid,
     by or on behalf of the undersigned, to any person for influencing or attempting to
     influence an officer or employee of any agency, a Member of Congress, an officer or
     employee of Congress, or an employee of a Member of Congress in connection with the
     awarding of any Federal contract, the making of any Federal grant, the making of any
     Federal loan, the entering into of any cooperative agreement, and the extension,
     continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
     or cooperative agreement.

     SIGNATURE TITLE ______________________

     COMPANY DATE _________________

     State of Texas , County of __________________________________

     Subscribed and sworn to before me this day of , 20 .

     Notary Public _______________________________

     My Appointment Expires: ______________________________




WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
*an existing published wage determination
*a survey underlying a wage determination
*a Wage and Hour Division letter setting forth a position on a wage determination matter
*a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
                                                                                   s
The request should be accompanied by a full statement of the interested party' position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.




                                BID FOR UNIT PRICE CONTRACTS


                                                              PLACE      Brownsville, Texas 78520
                                                              DATE _________, 2010______________


                                                              BID NO. _ SDW-20-0210
       Proposal of _______________________________________ (hereinafter called "Bidder)* a
Corporation, organized and existing under the laws of the State of ______________,* a partnership, or an
individual doing business as ________________________________________________.
To the City of Brownsville (hereinafter called "Owner").
Gentlemen:

        The bidder in compliance with your invitation for bids for the construction of

         PAVING AND DRAINAGE FOR WEST 4TH STREET, WEST
                  WASHINGTON AND HAUFF LANE
Having examined the plans and specifications with related documents and the site of the proposed work,
and being familiar with all of the conditions surrounding the construction of the proposed project, including
the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the Contract Documents, within the time set forth therein, and the
process stated below. These prices are to cover all expenses incurred in performing the work required under the
Contract Documents, of which this proposal is a part.

        Bidder hereby agrees to commence work under this contract on or before date to be specified in written
"Notice to Proceed" of the Owner and to fully complete the project within 150 consecutive calendar days
thereafter as stipulated in the specifications. Bidder further agrees to pay liquidated damages, the sum of
$100.00 for each consecutive calendar day thereafter as hereinafter provided Paragraph 19 of the General
Conditions.

      Bidder acknowledges receipt of the following addenda:
_________________________________________________________________________________________
_________________________________________________________________________________________
_____________________________________________________________________________


*Insert corporation, partnership, or individual as applicable.
                                 Bid for Unit Price Contract
     PAVING AND DRAINAGE FOR WEST 4TH STREET, WEST
              WASHINGTON AND HAUFF LANE
                                 CDBG Bid No. SDW-20-0210

West Washington Street
                                   Estimated          Unit Price in   Unit Price in
Item         Description                       Unit                                     Total Amount
                                      Qty.              Figures         Words

 1     Remove existing HMAC          5,161     SY                     _________       $________________
       and base (all depths)                          $___________

                                                                      _________
       2" H.M.A.C.    (Type
 2
       D)
                                     5,161     SY
                                                      $___________    _________       $________________

                                                                      _________
       10-Inch Crushed
 3     Limestone (Flexible           6,198     SY                     _________       $________________
       Base)                                          $___________
                                                                      _________
 4     Prime Coat (0.2 Gal/SY)       1,034     GAL                    _________       $________________
       Complete in Place                              $___________
                                                                      _________
       Remove and Replace
 5     24" Curb and Gutter           1,775     LF                     _________       $________________
       (3000psi)                                      $___________
                                                                      _________
       Remove and Replace
 6     Concrete Valley- Gutter        69       SY                     _________       $________________
       (3500psi)                                      $___________
                                                                      _________
       Remove and Replace.
 7     Reinforced Concrete           1,585     SF                     _________       $________________
       Driveway                                       $___________
                                                                      _________
 8     Remove and Replace.           244       SF                     _________       $________________
       Asphalt Driveway                               $___________
                                                                      _________
     Remove and Replace.
9    Reinforced Concrete        520   SF                  _________   $________________
     sidewalk                              $___________
                                                          _________
     18-Inch R.C.P. (include
     Dewatering, trench
10
     protection and shoring
                                384   LF                  _________   $________________
     plan)                                 $___________
                                                          _________
     Type "A" curb inlet
11
     (Complete in Place)
                                2     EA                  _________   $________________
                                           $___________
                                                          _________
12   3 X 4 Grate Inlet          3     EA                  _________   $________________
     (Complete in Place)                   $___________
                                                          _________
     Storm Sewer Manhole,
     include trench
13
     protection. (Complete in
                                2     EA                  _________   $________________
     Place)                                $___________
                                                          _________
     Remove Inlet, Sta 2+86
     W. Wash. St. and
     extend RCP to a Prop.
14
     Grate Inlet. Plug
                                1     LS                  _________   $________________
     Abandoned Pipes (Per
     Plans)                                $___________
                                                          _________
     Remove and Replace
15   Storm Sewer Manhole        1     EA                  _________   $________________
     Include Dewatering
                                           $___________
                                                          _________
     Remove And Replace
     18-Inch RCP (Per Plans)
16
     Include Dewatering and
                                64    LF                  _________   $________________
     trench protection
                                           $___________
                                                          _________
     Plug Abandoned Storm
17   Pipes Include              2     EA                  _________   $________________
     Dewatering                            $___________
                                                          _________
     2 X 3 Precast Grate Inlet
18
     (Complete in Place)
                                 2   EA                  _________   $________________
                                          $___________
                                                         _________
     Expose existing Storm
19   Pipe From Grate Inlet       1   LS                  _________   $________________
     Sta 14+00 to Alley and
     Repair Excavation                    $___________
                                                         _________
     Connect Existing Storm
     Line To Proposed Grate
20
     Inlet (Per Plans) sta
                                 1   LS                  _________   $________________
     13+90
                                          $___________
                                                         _________
     Concrete Collar (Storm
21   Pipe Connection) Sta        2   EA                  _________   $________________
     10+70                                $___________
                                                         _________
     Erosion Control
22   Measures and SWPPP          1   LS                  _________   $________________
     (Earthwork)                          $___________
                                                         _________
     Traffic Control During
23   Construction, Per Lump      1   LS                  _________   $________________
     Sum
                                          $___________
                                                         _________
     Traffic Control Plan By
24
     Register Engineer
                                 1   LS                  _________   $________________
                                          $___________
                                                         _________
  SUB-TOTAL AMOUNT W. Washington Street (Sum of Items 1 through
                                                                     $________________
                                                             24)



West 4 th Street
                                 Estimated          Unit Price in   Unit Price in
Item         Description                     Unit                                     Total Amount
                                    Qty.              Figures         Words

25     Remove existing HMAC        2,678     SY                     _________       $________________
       and base (all depths)                        $___________
                                                                    _________
26
       2" H.M.A.C. (Type D)
                                   2,678     SY
                                                    $___________
                                                                    _________       $________________


                                                                    _________
       10-Inch Crushed
27     Limestone (Flexible         3,349     SY                     _________       $________________
       Base)                                        $___________
                                                                    _________
28     Prime Coat (0.2 Gal/SY)     537       GAL                    _________       $________________
       Complete in Place                            $___________
                                                                    _________
       Remove and Replace
29     24" Curb and Gutter         1,540     LF                     _________       $________________
       (3000psi)                                    $___________

                                                                    _________
       Remove and Replace.
30     Reinforced Concrete         677       SF                     _________       $________________
       Driveway                                     $___________

                                                                    _________

31     Remove and Replace.         353       SF                     _________       $________________
       Asphalt Driveway                             $___________
                                                                    _________
       Remove and Replace.
32     Reinforced Concrete         622       SF                     _________       $________________
       sidewalk                                     $___________

                                                                    _________
       Erosion Control
33     Measures and SWPPP           1        LS                     _________       $________________
       (Earthwork)                                  $___________

                                                                    _________
       Traffic Control During
34     Construction, Per Lump       1        LS                     _________       $________________
       Sum                                          $___________
                                                                    _________
       Traffic Control Plan By
35
       Register Engineer
                                    1        LS                     _________       $________________
                                                    $___________
                                                                    _________

       SUB-TOTAL AMOUNT W. 4 th Street (Sum of Items 25 through 35)                 $________________




Hauff Lane

                                 Estimated          Unit Price in   Unit Price in
Item         Description                     Unit                                     Total Amount
                                    Qty.              Figures         Words

36     Remove existing HMAC        2,761     SY                     _________       $________________
       and base (all depths)                        $___________
                                                                    _________
37
       2" H.M.A.C. (Type D)
                                   2,761     SY
                                                    $___________
                                                                    _________       $________________

                                                                    _________
       10-Inch Crushed
38     Limestone (Flexible         3,405     SY                     _________       $________________
       Base)                                        $___________
                                                                    _________
39     Prime Coat (0.2 Gal/SY)     552       GAL                    _________       $________________
       Complete in Place                            $___________
                                                                    _________
       Remove and Replace
40     24" Curb and Gutter         1,472     LF                     _________       $________________
       (3000psi)                                    $___________
                                                                    _________
       Remove and Replace.
41     Reinforced Concrete         2,474     SF                     _________       $________________
       Driveway                                     $___________
                                                                    _________
       Remove and Replace
42     Reinforced Concrete         130       SY                     _________       $________________
       Pavement                                     $___________
                                                                    _________
       Remove and Replace.
43     Reinforced Concrete             601       SF                     _________        $________________
       sidewalk                                         $___________
                                                                        _________
       Erosion Control
44     Measures and SWPPP              1         LS                     _________        $________________
       (Earthwork)                                      $___________
                                                                        _________
       Traffic Control During
45     Construction, Per Lump          1         LS                     _________        $________________
       Sum                                              $___________
                                                                        _________
       Traffic Control Plan By
46
       Register Engineer
                                       1         LS                     _________        $________________
                                                        $___________
                                                                        _________
          SUB-TOTAL AMOUNT Hauff Lane (Sum of Items 36 through 46)                       $________________



                                    TOTAL AMOUNT (Sum of Items 1 through 46)             $________________




Water Improvements
                                     Estimated          Unit Price in   Unit Price in
Item          Description                        Unit                                     Total Amount
                                        Qty.              Figures         Words
       8-Inch Waterline-Pressure
       Rating 150 psi, DR18
       AWWA C-900, Polyvinyl
47     Chloride (PVC) Pipe, Incl.       560      LF     $___________    _________       $_______________
       Fittings and Bedding.
       Complete in Place.
       (Complete in Place)

                                                                        _________
       6-Inch Waterline-Pressure
       Rating 150 psi, DR18
       AWWA C-900, Polyvinyl
48     Chloride (PVC) Pipe, Incl.       650      LF     $___________    _________       $_______________
       Fittings and Bedding.
       Complete in Place.
       (Complete in Place)
                                                                        _________
     Proposed 8-Inch PVC Wet
     Connection to an Existing
     Waterline, Incl. All Fittings,
49
     Bedding & Incidentals, All
                                      3    EA   $___________   _________   $_______________
     Depths. (Complete in
     Place)
                                                               _________
     8 Inch AWWA Gate Valve
     Resilient Seated w/Valve
50   box, As Shown on Plans,          3    EA   $___________   _________   $_______________
     All Depths, Complete In
     Place. (include dewatering)

                                                               _________
     Long Single Service
51   (Water) as shown in plans        13   EA   $___________   _________   $_______________
     complete in place
                                                               _________
     Short Single Service
52   (Water) as shown in plans        17   EA   $___________   _________   $_______________
     complete in place

                                                               _________
     Long Double Service
53   (Water) as shown in plans        4    EA   $___________   _________   $_______________
     complete in place

                                                               _________
     Short Double Service
54   (Water) as shown in plans        4    EA   $___________   _________   $_______________
     complete in place

                                                               _________
       Fire Hydrant Assembly
55
        (Complete in Place)
                                      2    EA   $___________   _________   $_______________

                                                               _________
     Plug Abandoned AC Water
56
               Line
                                      3    EA   $___________   _________   $_______________

                                                               _________
       Saw-cut, Remove and
57   replace curb and gutter at       8    EA   $___________   _________   $_______________
       water crossings (2 LF)

                                                               _________
      Sidewalk repair at water
58
          meter location
                                      6    EA   $___________   _________   $_______________
                                                                          _________
             2-Inch Stub-out
  59     Apartments Services (25         1        EA    $___________      _________          $_______________
                   LF)
                                                                          _________
             2-Inch Stub-out
  60     Apartments Services (45         1        EA    $___________      _________          $_______________
                   LF)
                                                                          _________
       TOTAL AMOUNT Water Improvements W. Washington St. (Sum of
                                                                 $________________
                                            Items 47 through 60)




               SUB TOTAL BASE BID C.O.B. :
               $__________________________________________
               ITEMS 1 THROUGH 46

               SUB TOTAL BASE BID B.P.U.B. :
       $__________________________________________
               ITEMS 47 THROUGH 60


TOTAL AMOUNT BID (ALL ITEMS):                  $__________________________________________



The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit,
insurance, etc., to cover the finished work of the several kinds called for.

Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informalities in the bidding.
Bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar
days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract
attached within 10 days and deliver a Surety Bond or Bonds as required by Paragraph 29 of the General
Conditions.

The        bid        security      attached       in                    the          sum          of
______________________________________________________
($____________________________________) is to become the property of the Owner in the event the
contract and bond are not executed within the time above set forth, as liquidated damages for the delay
and additional expense to the Owner caused thereby.

                                                                              Respectfully submitted,



                                                      By: __________________________________
                                                                        (Signature)

                                                      ______________________________________
                                                                         (Title)

                                                        _____________________________________
                                                                         (Address)

                                                        _____________________________________

(SEAL - if bid is by a corporation)                                        (City, State, Zip Code)
                                          AGREEMENT


THIS AGREEMENT, made this                 day of               , 2010 , by and between

CITY OF BROWNSVILLE, hereinafter called "OWNER" doing business as
corporation hereinafter called "CONTRACTOR".

WITNESSETH:        That for and in consideration of the payments and agreements hereinafter
mentioned:

     1.   The CONTRACTOR will commence and complete the construction of
PAVING AND DRAINAGE FOR WEST 4TH STREET, WEST WASHINGTON AND HAUFF
                                      LANE
     2.   The CONTRACTOR will furnish all of the material, supplies, tools, equipment,
          labor and other services necessary for the construction and completion of the
          PROJECT described herein.

               3.     The CONTRACTOR will commence the work required by the
               CONTRACT DOCUMENTS within TEN (10) calendar days after the date of the
               NOTICE TO PROCEED and will complete the same within one hundred fifty
               (150) calendar days unless the period for completion is extended otherwise by the
               CONTRACT DOCUMENTS.
4.    The CONTRACTOR agrees to perform all the WORK describe in the
      CONTRACT DOCUMENTS and comply with the terms therein for "Unit Prices"
      as shown in the BID schedule.

5.    The term "CONTRACT DOCUMENTS" means and includes the following:

(A)   Invitation for Bids
(B)   Texas Workers Compensation
(C)   Supplemental Conditions
(D)   Federal Standard Provision
(E)   Equal Opportunity Certification
(F)   Certification of segregated Facilities
(G)   Contractor Certification
(H)   Supervision Certificate from Contractor
(I)   Permissable Payroll Deduction
(J)   Contractor Section 3 Plan
(K)   Estimated Work Project Workforce
(L)   DBE Certification
(M)   Bid for Unit Price Contracts
(N)   Agreement
(O)   Ethics Form
(P)   Bid-Bon Payment
(Q)   Contractor’s Fee Disclosure Statement
(R)   Notice of Award
(S)   Acceptance of Notice
(T)   Bonding and Insurance Requirements
(U)   Notice of Proceed
(V)   Performance Bond
(W)   Payment Bond
(X)   Certificate of Insurance and Power Attorney
(Y)   Affidavit of Bills Paid
      (Z)    Drawings prepared by AGH Engineering & Surveying, LLC numbered 1
      through 14 , and dated           January, 2010
Before me, the undersigned authority, on this day personally appeared _____________________________, known to me to
be the person whose name is subscribe to the foregoing instrument, and acknowledges to me that he/she executed the same
for the purposes and consideration therein stated.

            (Z1)     SPECIFICATIONS prepared or issued by AGH Engineering & Surveying, LLC
                     dated January, 2010

                     ADDENDA:
                             No.       , dated                  , 20

                             No.       , dated                   , 20

                             No.       , dated                   , 20

    6.      The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth
            in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

    7.      This Agreement shall be binding upon all parties hereto and their respective heirs,
            executors, administrators, successors, and assigns.

    8.      CONTRACTOR GUARANTEE: Neither the final certificate of payment nor any
            provisions in the CONTRACT DOCUMENTS, nor partial or entire occupancy of the
            premises by the OWNER, shall constitute an acceptance of work not done in accordance
            with the CONTRACT DOCUMENTS or relieve the CONTRACTOR of liability in respect
            to any express warranties or responsibility for faulty materials or workmanship. The
            CONTRACTOR shall remedy any defects in the work and pay for any damage to other
            work resulting therefrom, which shall appear within a period of one year from the date of
            final acceptance of the work unless a longer period is specified. The OWNER will give
            notice of observed defects with reasonable promptness.

    IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
    authorized officials, this Agreement in (5 FIVE) each of which shall be deemed an original on the
    date first above written.

    Given under my hand and seal of office on this                day of                      , 20         .

      _____________________________________ Notary Commission expires: _____________.

    Notary Public in & for Cameron County, Tx.

                             OWNER: City Of Brownsville

                             BY: _________________________ _________________

                             Name, Title:        Charlie Cabler, City Manager
Before     me,    the    undersigned   authority,   on    this   day personally        appeared
______________________________, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledges to me that he/she executed the same for the purposes
and consideration therein stated.

Given under my hand and seal of office on this _________ day of _____________, 20_______.
_______________________________________ Notary Commission expires: ___________.

Notary Public in & for Cameron County, Tx.

CONTRACTOR:          ____________________________________________

                     BY _________________________________________

                     Name _______________________________________

                     Address _____________________________________
The undersigned bidder, by signing and executing this bid, certifies and represents to the City of Brownsville that
bidder has not offered, conferred or agreed to confer any pecuniary benefit, as defined by (1.07 (a) (6) of the
Texas Penal Code, or any other thing of value as consideration for the receipt of information or any special
treatment of advantage relating to this bid; the bidder also certifies and represents that the bidder has not offered,
conferred or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s
decision, opinion, recommendation, vote or other exercise of discretion concerning this bid, the bidder certifies
and represents that bidder has neither coerced nor attempted to influence the exercise of discretion by any officer,
trustee, agent or employee of the City of Brownsville Brownsville concerning this bid on the basis of any
consideration not authorized by law; the bidder also certifies and represents that bidder has not received any
information not available to other bidders so as to give the undersigned a preferential advantage with respect to
this bid; the bidder further certifies and represents that bidder has not violated any state, federal, or local law,
regulation or ordinance relating to bribery, improper influence, collusion or the like and that bidder will not in the
future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any officer, trustee, agent
or employee of the City of Brownsville Brownsville in return for the person having exercised their person’s
official discretion, power or duty with respect to this bid; the bidder certifies and represents that it has not now
and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer,
trustee, agent, or employee of the City of Brownsville in connection with information regarding this bid, the
submission of this bid, the award of this bid or the performance, delivery or sale pursuant to this bid.

The vendor shall defend, indemnify, and hold harmless the City of Brownsville, all of its officers, agents and
employees from and against all claims, actions, suits, demands, proceeding, costs, damages, and liabilities, arising
out of, connected with, or resulting from any acts or omissions of contractor or any agent, employee,
subcontractor, or Supplier of contractor in the execution or performance of this bid.

    I have read all of the specifications and general bid requirements and do hereby certify that all items
    submitted meet specifications.

    COMPANY: _______________________________________
    AGENT NAME: ____________________________________
    AGENT SIGNATURE:________________________________
    ADDRESS:_________________________________________
    CITY: _____________________________________________
    STATE:       _____________________________    ZIP CODE: _____________________
    TELEPHONE: ________________________ TELEFAX: ____________________________
    FEDERAL ID#: ______________AND/OR SOCIAL SECURITY #: _____________________

                                DEVIATIONS FROM SPECIFICATIONS IF ANY:




    CERTIFICATION REGARDING
    DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS

Name of Entity:____________________________________________________

The prospective participant certifies to the best of its knowledge and belief that it and its
principals:

   a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
      voluntarily excluded from covered transactions by any Federal department or agency:
   b) Have not within a three year period preceding this proposal been convicted of had a civil
      judgment rendered against them for commission of fraud or a criminal offense in
      connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
      local) transaction or contract under a public transaction; violation of Federal or State
      antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
      destruction of records, making false statements, or receiving stolen property;
   c) Are not presently indicted for or otherwise criminally or civilly charged by a government
      entity (Federal, State, Local) with commission of any of the offenses enumerated in
      paragraph (1) (b) of this certification; and
   d) Have not within a three year period preceding this application/proposal had one or more
      public transactions (Federal, State, and Local) terminated for cause or default.

       I understand that a false statement on this certification may be grounds for rejection of
       this proposal or termination of the award. In addition, under 18 USC Section 1001, a false
       statement may result in a fine up to a $10,000.00 or imprisonment for up to five (5) years,
       or both.




       ____________________________________________
       Name and Title of Authorized Representative (Typed)


       ____________________________________________                    _________________
       Signature of Authorized Representative                          Date


  I am unable to certify to the above statements. My explanation is attached.
                                            BID BOND

KNOW         ALL    MEN       BY     THESE       PRESENTS,         that      we,       the   undersigned,
___________________________                          as                   Principal,                 and
______________________________________________________ as Surety, as hereby held and
firmly bound unto _City of Brownsville, Texas as OWNER in the penal sum of
___________________________________________________________ for the payment of
which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors and assigns.
Signed, this _____________ day of ____________________, 20______.


     The Condition of the above obligation is such that whereas the Principal has submitted to the
 OWNER a certain bid, attached hereto and hereby made a part hereof to enter into a contract in
writing, for the. PAVING AND DRAINAGE FOR WEST 4TH STREET, WEST WASHINGTON AND HAUFF
                                                LANE


NOW, THEREFORE,
       (a)     If said Bid shall be rejected or in the alternate.
       (b)     If said Bid shall be accepted and the Principal shall execute and deliver a contract in
               the Form of Contract attached hereto (properly completed in accordance with said
               bid) and shall furnish a bond for his faithful performance of said contract, and for the
               payment of all persons performing labor or furnishing materials in connection
               therewith, and shall in all other respects perform the agreement created by the
               acceptance of said bid, then this obligation shall be void, otherwise the same shall
               remain in force and effect; it being expressly understood and agreed that the liability
               of the Surety for any and all claims hereunder shall, in no event, exceed the penal
               amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of the time within which the
Owner may accept such bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers the day and year first set forth above.

                                                __________________________________ (L.S.)
                                                                  Principal
                                                _______________________________________
                                                                   Surety
                                                 By:                            ______-
_________________________________
SEAL




                                      CONTRACTOR'S

                          PRE-BID DISCLOSURE STATEMENT

        All questions must be answered or your bid will be deemed non-responsive and subject to
rejection. The data given must be clear and comprehensive. This statement must be notarized.
If necessary, questions may be answered on separate attached sheets. The Bidder may submit
any additional information he desires.


1.     This Pre-Bid Disclosure Statement is submitted to the City of Brownsville by:
______________________________________________________________________________
__ a Corporation, __ a Partnership, __ a Texas Joint Venture, or __ an Individual.
Address: _________________________________________________ Contractor' #: ________ s
City ________________________________ State ________________ Zip Code____________

2.     Years in business under present business name: _______

3.    Years of experience in construction work of the type called for in this contract as: A
General Contractor _____, A Subcontractor _______.

4.            What projects has your organization completed? List most recent FIRST.

Contract   Type of Work         Date Completed Owners Name and Address              Amount
5.     What projects does your organization have under way as of this date?

Contract   Type of Work         Date Completed Owners Name and Address            Amount




6.    Have you ever failed to complete any work awarded to you?
___ Yes ____ No. If "Yes", state where and why. ____________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

7.    Are you at present in any lawsuits involving construction work of any type?
___ Yes ___ No. If "Yes", explain: _______________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

8.       Explain in detail the manner in which you have inspected the work and jobsite proposed
in this contract:_________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

9.    Explain in detail your plan or layout for performing the work proposed in this contract:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
10.                                                    s
       If this contract is awarded to you, your company' office administrative manager for the
work will be Mr. (Ms.) ________________________________, and your resident construction
superintendent will be Mr. (Ms.) __________________________________________.

11.    What experience in this type of work does the individual designated as resident
superintendent above have? _______________________________________________________
______________________________________________________________________________
______________________________________________________________________________

12.   What portions of the work do you intend to subcontract?_________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

What equipment do you own that is available for the proposed work?

Quantity   Description, Size Capacity, Etc.   Condition    Years in Service    Present Location




14.    Have you received firm offers from suppliers or manufacturers for all major items of
material and/or equipment within the prices totals used in preparing your proposal?__ Yes __ No

15.     Attach resumes for the principal members of your organization, including the officers as
well as the proposed superintendent for the project.


Credit available: $_______________ Bank Reference:_________________________________

Bonding Capacity available: $_____________________________
        The undersigned hereby authorizes and request any person, firm or corporation to furnish
any information requested by the Engineer and Owner in verification of the recitals comprising
this Pre-Bid Disclosure Statement.

       The signatory of this questionnaire guarantees the truth and accuracy of all statements
herein made and all answers herein expressed.

       Dated this ____ day of _______________, 200_.


       By:_________________________________
       Title:______________________________


STATE OF _________
COUNTY OF ________

       Subscribed and sworn to before me this ____ day of _________, 200_.


____________________________________
Notary Public

My commission expires: _____________




                                    SUB-CONTRACTOR’S
                           PRE-BID DISCLOSURE STATEMENT
All questions must be answered or you will be deemed non-responsive and subject to rejection.
The data given must be clear and comprehensive. This statement must be notarized. If
necessary, questions may be answered on separate attached sheets. The Bidder may submit an
additional information if he/she desires.

1. This Pre-bid Disclosure Statement is submitted to the City of Brownsville by:

_____ a corporation, _____ a co-partnership, or _____ an individual.

2. Year in business under present business name? : _____

3. Years of experience in construction work of the type called for in this contract as : _____ a
   general contractor, _____ a sub-contractor _____.

4. What projects has your organization completed? List most recent FIRST.
Contracts Amount     Type of Work         Date Completed        Owner’s Name and Address




5. What projects does your organization have under way as of this date? :

Contracts Amount      Type of Work          Date Completed        Owner’s Name and Address




6. Have you ever failed to complete any work awarded to you?
_____ Yes _____ No. If yes, state where and why?




7. Are you present in any major litigation or lawsuits involving construction work of any type?
_____ Yes _____ No. If yes, explain?
8. Explain in detail the manner in which you have inspected the work proposed in this contract:




9. Explain in detail you plan or layout for performing the work proposed in this contract:




10. If this contract is awarded to you, your company’s administrative manager for the work will be Mr.
    (Ms.) __________________, and your resident construction superintendent will be Mr. (Ms.)
    ________________________.
11. What experience in this type of work is enjoyed by the individual designated as superintendent
    above?




12. What portions of the work do you intend to sublet?




13. What equipment do you own that is available for the proposed work?

 Quantity        Description, Size, Condition        Years in Service         Present Location
                 Capacity, Etc…




Certificate of Insurance & Power of Attorney                                            CI -1
   The signatory of this questionnaire guarantees the truth and accuracy of all statements herein made and all answers
   herein expressed.




14. Have you received firm offers for all major items of material and/or equipment within the prices
    used in preparing your proposal? _____ Yes _____ No



       Dated this _____ day of _______________, 20_____.

                                                                                      By: _____________________

                                                                                     Title: ____________________



STATE OF ____________________
COUNTY OF __________________
       Subscribe and sworn to before me this _____ day of __________, 20_____.


                                                                      ___________________________________
                                                                                       Notary Public

                                                                       My Commission expires: ______________
                                               NOTICE OF AWARD

To:




                                                                         TH
  PROJECT Description:                PAVING AND DRAINAGE FOR WEST 4          STREET, WEST WASHINGTON AND
                                                   HAUFF LANE



The OWNER has considered the BID submitted by you for the above described WORK in response to its
Advertisement for Bids dated                   and Information for Bidders.

You are hereby notified that your BID has been accepted for items in the amount of
$                                        .

You are required by the Information for Bidders to execute the Agreement within ten (10) calendar days
from the date of this Notice to you.

If you fail to execute said Agreement within ten (10) days from the date of this Notice, said OWNER will
                                                                  S
be entitled to consider all your rights arising out of the OWNER' acceptance of your BID as abandoned
and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be
granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this               day of                   , 2009

                                                                              City Of Brownsville
                                                                          (Owner)

                                                           By
                                                                          Carlos Lastra, P.E.

                                                           Title:   Engineering/Traffic Director




Certificate of Insurance & Power of Attorney                                                    CI -3
            ACCEPTANCE OF NOTICE


Receipt of the above NOTICE OF AWARD is hereby acknowledged by:

__________________________________________________________________ this ____ day of
_______________, 2010.

By: _____________________________
 Name: ________________________
 Title: _______________________




                       BONDING & INSURANCE REQUIREMENTS
A State or local unit of government receiving a grant form the Federal Government which requires
contracting for construction or facility improvement shall follow its own requirements relating to bid
guarantees, performance bonds, and payment bonds except for contracts exceeding $100,000. For contracts
exceeding $100,000, the minimum requirements shall be as follows:

         a.    A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
               guarantee" shall consist of a firm commitment such as bid bond, certified check, or other
               negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of
               his bid, execute such contractual documents as may be required within the time specified.

         b.    A performance bond on the part of the contractor for 100 percent of the contract price. A
               "performance bond" is one executed in connection with a contract to secure fulfillment of all
                             s
               the contractor'obligations under such contract.

         c.    A payment bond on the part of the contractor for 100 percent of the contract price. A "payment
               bond" is one executed in connection with a contract to assure payment as required by law of all
               persons supplying labor and material in the execution of the work provided for in the contract.




                                               NOTICE TO PROCEED


                                                                               Date:       , 2010

To:
Certificate of Insurance & Power of Attorney                                                CI -5
                                            Contractor
Address:
Owner’s Bid No. SDW-20-0210

    Project PAVING AND DRAINAGE FOR WEST 4TH STREET, WEST WASHINGTON AND HAUFF LANE

You are notified that the Contract Time under the above contract will commence to run on __________, ,
2010. By that date, you are to start performing your obligations under the Contract Documents. You will
be given 120 calendar days to complete the work and be ready for final payment. The final completion day
is __________ 2010.

Also before you may start any Work at the site, you must GIVE A 48 HOURS NOTICE TO CITY
STAFF AND RESIDENTS ALONG PROJECT AREA PRIOR TO COMMENCING PROJECT


                                                                  City of Brownsville
                                                                   OWNER

                                                           By:
                                                           Carlos Lastra P.E./
                                                                  City Engineer




                                      PERFORMANCE BOND


KNOW ALL MEN BY THESE PRESENTS: that
 _____________________________________________________________________________________
                                    (Name of Contractor)
____________________________________________________________________________________a
                                   (Address of Contractor)
_______________________________________________________________ hereinafter called Principal,
                            (Corporation Partnership, or Individual)
_____________________________________________________________________________________
                                    (Name of Surety)
_____________________________________________________________________________________
                                   (Address of Surety)

hereinafter called Surety, are held and firmly bound unto

                                                  City Of Brownsville
                                                   (Name of Owner)

                                         1001 E. Elizabeth Street, Brownsville, Texas 78520
                                                   (Address of Owner)

hereinafter called OWNER, in the penal sum of _______________________________________________
Dollars, $(_____________________) in lawful money of the United States, for the payment of which sum
will and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by the
presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, date the _____ day of _____________, 20____, a copy of which is hereto
attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year
guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the OWNER from all coasts and damages which it may suffer by reason of
failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may
incur in making good an default, then this obligation shall be void: otherwise to remain in full force and
effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed
thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this
BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be
deemed an original, this the ___________day of __________________, 20____.

ATTEST:
                                                                        _________________________________
                                                                                  (Firm Name)

By       __________________________________                     By      _________________________________

Certificate of Insurance & Power of Attorney                                                  CI -7
         __________________________________                  _________________________________
              (Title)                                              (Title)

(Seal if Corporation)
                                                             _________________________________
                                                                        (Address)
                                                             _________________________________
                                                                    (City, State, Zip Code)

ATTEST:
                                                             _________________________________
                                                                       (Surety Name)
(Seal)


_______________________________________               By     _________________________________
      (Witness as to Surety)                                         (Attorney-in-Fact)

                                                             _________________________________
                                                                         (Address)
                                                             _________________________________
                                                                     (City, State, Zip Code)


NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all
partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department' most     s
current list (Circular 570 as amended) and be authorized to transact business in the state where the
PROJECT is located.
                                               PAYMENT BOND


KNOW ALL MEN THESE PRESENTS: that

____________________________________________________________________________________
                                (Name of Contractor)
____________________________________________________________________________________
                               (Address of Contractor)
 a__________________________________________________________hereinafter called Prinicpal, and
                           (Corporation, Partnership or Individual)
____________________________________________________________________________________
                                 (Name of Surety)
____________________________________________________________________________________
                                 (Address of Surety)

hereinafter called Surety, are held and firmly bound unto
                                   City Of Brownsville
                                             (Name of Owner)
                        1001 E. Elizabeth Street, Brownsville, Texas 78520
                                            (Address of Owner)
hereinafter called OWNER, in the penal sum of                                                         dollars
($                   ) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
contract with the OWNER, dated the __________ day of _________________ 20____, a copy of which is
hereto attached and made a part hereof for the construction of:


Certificate of Insurance & Power of Attorney                                               CI -9
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of
the WORK provided for in such contract, and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and
tools, consumed or used in connection with the construction of such WORK, and all insurance premiums
on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the WORK to be
performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be
deemed an original, this the ___________day of __________________, 20____.

ATTEST:
                                                             _________________________________
                                                                       (Firm Name)

By       __________________________________           By     _________________________________

         __________________________________                  _________________________________
              (Title)                                              (Title)

(SEAL if Corporation)
                                                             _________________________________
                                                                        (Address)
                                                             _________________________________
                                                                    (City, State, Zip Code)

ATTEST:
                                                             _________________________________
                                                                       (Surety Name)
(SEAL)




_______________________________________               By     _________________________________
      (Witness as to Surety)                                         (Attorney-in-Fact)

                                                             _________________________________
                                                                         (Address)
                                                             _________________________________
                                                                     (City, State, Zip Code)


NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all
partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department' most     s
current list (Circular 570 as amended) and be authorized to transact business in the state where the
PROJECT is located.




Certificate of Insurance & Power of Attorney                                       CI -11
  CERTIFICATE OF INSURANCE

            AND

     POWER OF ATTORNEY

TO BE FURNISHED BY CONTRACTOR
                         CERTIFICATE OF OWNER'S ATTORNEY


        I, the undersigned,                                        , the duly authorized and acting
legal representative of The City Of Brownsville, do hereby certify as follows:

        I have examined the attached contract(s) and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the
proper parties thereto acting through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the
parties executing the same in accordance with terms, conditions and provisions thereof.



DATE: _______________________
     _______________________________________
                                                                       James Goza, City Attorney




                                              TS-4-13
                                 AFFIDAVIT OF BILLS PAID


STATE OF TEXAS

COUNTY OF TEXAS


       BEFORE ME, the undersigned authority, on this day personally appeared
________________________________ party to that certain Contract entered into on the
_______         day         of        _______________,            20        _____,         between
_________________________________________________                                               and
_______________________________________________ for the erection, construction and
completion of certain improvements and/or additions upon the following described premises, to
wit;

                                              TH
        PAVING AND DRAINAGE FOR WEST 4             STREET, WEST WASHINGTON AND HAUFF LANE




Said party being by me duly sworn states upon oath that the said improvements have been
erected and completed in full compliance with the above referred to Contract and the agreed
Plans and Specifications therefor.


       Deponent further states that he has paid all bills and claims for materials furnished and
labor performed on said Contract and that there are no outstanding unpaid bills or legal claims
for labor performed or materials furnished upon said job.


       This affidavit is being made by the undersigned realizing that it is in reliance upon the
truthfulness of the statements contained herein that final and full settlement of the balance due on
said Contract is being made, and in consideration of the disbursement of funds
by__________________________________, deponent expressly waives and releases all liens,
claims and rights to assert a lien on said premises and agrees to indemnify and hold
_______________________________ safe and harmless from and against all losses, damages,
costs and




expenses of any character whatsoever specifically including court costs, bonding fees and
attorney fees, arising out of or in any way relating to claims for unpaid labor or material used or
associated with construction of improvements on the above-described premises.




       ______________________________________


       ______________________________________
                                                     BY:
__________________________________




       Subscribed and sworn to before me, the undersigned authority, on this __________ day
of _____________________, 20 _____.




       ______________________________________
                                                     Notary Public in and for
                                                            Cameron County, Texas




                                             TS-4-15
                           INDEX FOR
             TECHNICAL SPECIFICATIONS

ADJUST MANHOLES CLEANOUTS, INLETS & WATER VALVE RISERS

CONCRETE FOR STRUCTURES

CRUSHED LIMESTONE BASE

CURB & GUTTER, VALLEY GUTTER, CONCRETE GUTTER & SIDEWALKS.

EMBANKMENT

HYDRATED LIME & LIME SLURRY

HOT MIX ASPHALTIC CONCRETE PAVEMENT

LIME TREATMENT FOR SUBGRADE

PRIME COAT

TEMPORARY EROSION, SEDIMENT, AND POLLUTION CONTROL

EXCAVATION

ROADWAY EXCAVATION AND SUBGRADE PREPARATION

CONCRETE PAVEMENT

RECONSTRUCTION OF DRIVEWAYS

EXCAVATION AND BACKFILL FOR STRUCTURES

REINFORCED CONCRETE PIPE

STORM MANHOLES AND INLETS

TRENCH EXCAVATION, BACKFILL AND COMPACTION FOR UTILITIES
       TRENCH SAFETY SYSTEM

       WATER TRANSMISSION AND/OR PRESSURE SEWER

       WATER VALVES

       VIDEOTAPE




     ADJUSTING MANHOLES, CLEANOUTS, INLETS & WATER VALVE RISERS


A.     DESCRIPTION

       This item shall govern for the furnishing of materials and for adjusting manholes, cleanouts
       inlets or water valves risers where required by the plans. Manholes, cleanouts, inlets and
       water valve risers shall be adjusted to position and/or elevation as shown on the plans or as
       ordered by the Engineer and in accordance with these specifications.

B.     MATERIALS

       Manhole, cleanout, and inlet covers, water valve risers, and brick in good condition,
       removed in the process of adjustment, may be re-used. Additional materials required shall
       be provided as required.

       Mortar for brick work shall be composed of one part Portland Cement and two parts clean,
       sharp mortar sand suitably graded for the purpose. Lime may be added to the mix but in no
       case shall it exceed 10% by weight of the total dry mix.

       Bricks for Sanitary Sewer Manholes shall be clay brick conforming to the requirements of
       ASTM Designation C 32, Grade NA or equal.

       Concrete for inlets shall be 3000 p.s.i. (28 day compressive strength) concrete containing a
       minimum of 5 sacks cement per cubic yard.

       Reinforcing steel shall be deformed and shall conform to ASTM Designation A-615.

       When prefabricated steel extension rings are furnished, the material shall be ASTM A36 or
       equal.

C.     CONSTRUCTION

                                             TS-4-17
     Existing manholes, cleanouts and water valve risers located within areas of base and
     sub-base construction shall be located and referenced and the rings and covers and risers
     removed carefully and stored by the Contractor. Rings, covers, plates, or grates broken in
     the process of removal and cleaning or lost or stolen shall be replaced in kind by the
     Contractor at his expense. Manholes shall be broken down to below subgrade elevation and
     covered with hatch covers prior to beginning excavation and subgrade preparation. If
     manholes are to be lowered the brick work shall be removed to a point where the corbell
     will not exceed 1" per course of brick, in order to obtain the proper diameter at the top for
     resetting the ring and cover. Upon completion of the flexible base, the manholes, and water
     valves shall be located from the reference points and the top portion of the manhole rebuilt
     and water valve risers reset so that they will be flush with the proposed asphalt surfacing.

     When manholes are located within pavement areas to be overlaid with hot mix asphaltic
     concrete, the Contractor may in lieu of removing the cast iron ring and adding concrete
     adjustment rings, provide prefabricated steel extension rings. They shall be either of the
     one-piece or two-piece type as necessary for the amount of adjustment. They shall be
                                                  s
     installed in accordance with the manufacturer'instructions.

     Inlets to be adjusted shall be broken down as necessary and rebuilt to the elevations as
     shown on the plans.

D.   MEASUREMENT AND PAYMENT

     Manholes, cleanouts, inlets, and water valve risers completely adjusted as prescribed above
     will be measured and paid for by the unit price bid for each type manhole, inlet or water
     valve riser adjusted. The excavation and backfill required will not be measured for
     payment. The price bid shall be full compensation for furnishing all labor, materials, tools,
     and equipment necessary to complete the work.

     When no bid item is established for these items, this work shall be considered subsidiary to
     the contract and no direct payment will be made.
                            CONCRETE FOR STRUCTURES


A.   DESCRIPTION

     This item shall govern for the materials used; for the storing and handling of materials; and
     for the proportioning and mixing of concrete for bridges, culverts, prestressed concrete, and
     incidental concrete construction.

     The concrete shall be composed of Portland cement, aggregates (fine and coarse), mixtures
     if desired or required, and water, proportioned and mixed as hereinafter provided.
     Accelerating admixtures will be used only on the express approval of the Engineer.
     Accelerating admixtures will not be permitted in bridge decks direct traffic culvert slabs at
     any time, nor when Type II cement is specified.

B.   MATERIAL

     1.     Cement
            a.    Use cement conforming to ASTM C150, Type I, unless authorized to use
                  Type III.

            b.      Meet ASTM specifications for weight variations and length of storage. Use
                    no caked cement. Deliver in bags for site-mixed concrete. Use only one
                    brand of cement in any one construction.

     2.     Water. Furnish clean water, free from harmful amounts of oils, acids, alkalis, or
            other damaging substances.

                                           TS-4-19
     3.   Coarse Aggregate. Provide aggregates conforming to ASTM C33. Unless otherwise
          specified, use standard size from No. 4 to 1-1/2 inch and modify only in accordance
          with the following. Supply aggregate not larger than 1/5 to the narrowest dimension
          between sides of forms, nor larger than 3/4 of the minimum clear spacing between
          reinforcing bars.

     4.   Fine Aggregates. Provide fine aggregates meeting the requirements of ASTM C33.

     5.   Air Entraining Admixtures.    Use an air entraining admixture conforming with
          ASTM C260.

C.   STORAGE OF MATERIALS

     1.   Cement. Store cement off the ground in a well-ventilated weatherproof building.

     2.   Aggregate. Prevent mixture of foreign materials with aggregate and preserve
          gradation of aggregate.

     3.   Reinforcing Steel. Store reinforcing steel to protect it from mechanical injury and
          rust.
D.   CONCRETE

     Use ready-mixed concrete conforming to ASTM C94.

E.   MEASUREMENT OF MATERIALS

     1.       Measure materials by weight.

     2.       Water may be measured by volume.

     3.       Cement may be measured by bag. One bag weighs 94 pounds.


F.   CLASSIFICATION AND MIX DESIGN

     1.       Proportioning. Proportioning concrete materials on the basis of maximum water-
              cement ratio and minimum strength allowable with limits set on minimum cement
              content. Increase cement content above the minimum if, at any time, the type,
              gradation, or sizes of aggregate being supplied requires that extra cement be added
              to meet strength and workability requirements. Such changes must be made without
              change in the contract sum.

     2.       Classification

                                Minimum            Max. Water     Minimum        Consistency
                                Compressive        Content per    Cement         Range in
                                Strength           Bag of         (bags per      Slump
                                (lbs. per square   Cement         cubic yard)    Inches
      Class        Type         inch)              (gallons)

                                 7-Day    28-Day
          A        Structural     2000     3000        6.50            5.0           3 to 5
          B        Precast
                   Piling        2400      3600        6.00            6.0           2 to 5

              a.       Include for maximum water, a calculation of free water aggregate minus
                       absorption of aggregate based on thirty minute absorption period.

              b.       Use a minimum of 6.5 bags of cement per cubic yard if concrete is to be
                       placed under water.

     3.       Consistency. Use concrete with consistency that can be worked readily into corners
              and around reinforcing steel without segregation of materials or having free water


                                             TS-4-21
            collect on the surface. Proportions will be changed if satisfactory mix is not being
            obtained.

     4.     Air Content. Approximately 3% air content is required. Determine in accordance
            with approved ASTM standard method.

     5.     Changes in Mixes. Make changes in proportions or materials, or both, necessary to
            secure desired concrete properties as directed by the Engineer. Obtain prior
            approval should changes in materials, gradation, or proportions of mixture, or use of
            special concrete additives be required.

G.   QUALITY OF CONCRETE

     The concrete shall be uniform, workable, and of a consistency acceptable to the Engineer.
     The cement content, maximum water/cement ratio, the desired and maximum slump, the
     proper amount of entrained air and the strength requirements for all classes of concrete shall
     conform to the requirement of these specifications. It shall be the responsibility of the
     contractor to provide concrete meeting these requirements.

     During the progress of the work, the Engineer will cast test cylinders or beams, perform
     slump and entrained air tests, and will make temperature checks, as required, to insure
     compliance with the specifications.

     A strength test shall be defined as the average of the breaking strength of two cylinders or
     two beams as the case may be. Specimens will be tested in accordance with Test Methods
     Tex-418-A or Tex-420-A.

     If the required strength of consistency of the class of concrete being produced cannot be
     secured with minimum cement specified or without exceeding the maximum water/cement
     ratio, the Contractor will be required to furnish different aggregates, use a water reducing
     agent, an air-entraining agent, or increase the cement content in order to provide concrete
     meeting these specifications.

     All test specimen, beams, or cylinders, representing tests for removal of forms and/or false
     work shall be cured using the same methods, and under the same conditions as the concrete
     represented.

     "Design Strength" beams and cylinders shall be cured in accordance with SDHPT Bulletin
     C-11 and Supplement thereto.

     When control of concrete quality is by 28 day compressive test, job control will be 7 day
     compressive tests which are shown to provide the required 28 day strength, based on results
     from trial batches. Thereafter if the required seven day strength is not secured with the
     quantity of cement specified, changes in the batch design will be made as specified in this
     article.
H.   WORKING CONDITIONS

     1.     Timing. Mix concrete in quantities required for immediate use, and place concrete
            within 1 hour after start mixing. Clock-stamp delivery ticket of all batches with time
            of mixing at ready-mix plant.

     2.     Weather. When adverse weather conditions affect quality of concrete, postpone the
            work. Do not mix concrete when the air temperature is at or below 40oF and falling.
            Concrete may be mixed when temperature is 35oF and rising. Take temperature
            readings in the shade away from artificial heat. If authorized for placement during
            cold weather, place concrete in accordance with PCA Standard Design and Control
            of Concrete Mixtures. Protect concrete from temperatures below 32oF until the
            concrete has cured for a minimum of 3 days at 70oF or 5 days at 50oF.

I.   MIXING & MIXING EQUIPMENT

     1.                                                                       s
            Mixer. Use approved type and size. Do not load beyond manufacturer' rated
            capacity.

     2.     Mixing Time. Mix at least 1-1/2 minutes after materials are placed in mixer.
            Increase mixing time 15 seconds for each 1/2 yard increase in mixer capacity over 1
            cubic yard size.

     3.     Batch Material Control.     Maintain positive batch control, accurate to within 1
            percent.

     4.     Operation & Maintenance of Equipment. Clean, maintain, and operate equipment so
            that it is at all times capable of thoroughly mixing material as required.

     5.     Hand Mixing. Hand mixing only when approved by the Engineer.

J.   MEASUREMENT & PAYMENT

     No direct measurement or payment will be made for concrete furnished under this item.
     Payment for concrete shall be considered subsidiary to the various items of concrete
     structures as required by the plans and the contract.




                                          TS-4-23
                       CRUSHED LIMESTONE FLEXIBLE BASE


A.   DESCRIPTION

     This item shall govern the materials, placement compaction of Crushed Limestone Base to
     the lines and grades are shown on the construction drawings. Crushed limestone Base
     thickness for various pavement types are shown on the plans.

B.   MATERIAL

     The Crushed Limestone materials shall be as specified by “Item 247 Flexible Base Type A,
     Grade 1”. Texas Department of Transportation, 1993 Standard Specifications for
     Construction of Highways, Streets, and Bridges and shall meet the requirements as follows:

                                          1.             Minimum strength of 100 CBR shall
            be achieved.

                               2.                        RETAINED ON SQUARE SIEVE
            NUMBER
                PERCENT RETAINED


            1-     3/4”


                   0

                                                 7/8”


                                                                10-35

                                          3/8”


                                                         30-50
                                                         NUMBER 4


                                                                               45-65
                                                         NUMBER 40
                                                                      70-85

Materials passing the Number 40 Sieve shall be known as “Binder Materials” and shall meet
       the
following requirements:

                                                              Maximum         Liquid     Limits
                (L.L)                                                          =
                35
                                                              Maximum       Plasticity   Index
       (P.I.)                                                 =
                10
                                                              Wet Ball Mill (max)

                        =                             40

The Contractor shall not place crushed limestone on the road bed until the Engineer has
        accepted
the shaped and compacted subgrade.

The Contractor must maintain the roadbed free of holes, ruts and depressions and in
        condition to
receive the crushed limestone.

The Contractor upon request shall provide certification that the material supplied meets the
above requirements prior to delivery to the job site. Samples for testing of the material must
be taken prior to the compaction operations.




                                      TS-4-25
C.   CONSTRUCTION METHODS

     The flexible base material shall be placed on the approved subgrade in courses not to exceed
     eight (8) inches compacted depth. It shall be the responsibility of the contractor that the
     required amount of material be delivered and uniformly spread and shaped. All materials
     shall be moved from the place where they are dumped by cutting into windrows. After the
     material has been cut into the windrows, it shall be sprinkled, spread, shaped, and rolled in
     proper sequence to prevent segregation and as necessary for required compaction.

     The surface on completion shall be smooth and in conformity with typical sections and to
     the established lines and grades. Any deviation in excess of 1/4 inch in cross-section and in
     length of 16 feet measured longitudinally shall be corrected.

     Flexible shall be compacted to an apparent dry density of not less than 98 percent of the
     maximum dry density as determined in accordance with A.S.T.M. Test method D698
     (Standard Proctor). Tests for density will be made within 24 hours after compaction
     operations are completed. If the material fails to meet the density specified, it shall be
     reworked as necessary to meet the density required. Prior to placing any succeeding course
     of flexible base or surfacing on a previously completed course the density and moisture of
     the top three (3) inches of flexible base shall be checked and if the tests show the density to
     be more than 2 percent below the specified compaction and moisture content, it shall be
     reworked as necessary the density and moisture required.

     The first density and depth test at a specific location will be made by commercial testing
     laboratory designated by the Owner and said tests shall be paid for the Owner. If the test
     fails, all other tests at the location shall be paid for by the Contractor, by deducting from the
     final payment.

D.   MEASUREMENT

     This item; “CRUSHED LIMESTONE BASE”, will be measured by the squared yard
     complete in place as planned and detailed on the cross-section. “ADDITIONAL
     LIMESTONE BASE”, will be measured by the ton.

E.   PAYMENT

     This item will be paid for at the contract unit price bid for “CRUSHED LIMESTONE
     BASE” or “ADDITIONAL LIMESTONE BASE”, which price shall include full
     compensation for all materials, for water required and for all equipment, tools, labor and
     incidentals necessary to complete the work to the required compaction.
           CURB & GUTTER, VALLEY GUTTER, CONCRETE GUTTER,
                             & SIDEWALKS

A.   DESCRIPTION

     Concrete curb and gutter, valley gutter, concrete gutter, sidewalks, and driveways shall
     consist of Portland Cement concrete Valley gutter, sidewalks, and driveways with or
     without reinforcing steel as required, constructed on an approved subgrade or foundation
     material in accordance with these specifications, in conformity with the lines and grades
     established by the Engineer and details shown on the plans. Item 530 of the SDHPT
     Standard Specification 1982 shall apply.

B.   MATERIALS

     1.     Reinforcing Steel and/or dowel bar-billet steel ASTM A-15 intermediate grade.
            When shown on the drawings provide.
     2.     Concrete shall be Class "A", 3,000 psi conforming to the requirement of "Reinforced
            Concrete Structures" and shall contain 1.5 lbs. of "Fibermesh" or approved equal.
     3.     Expansion joint material shall be specification premolded bituminous expansion
            joint material conforming to ASTM D-994 (not wood-fiber type). Provide 1/2"
            thickness in 6 inch curb and gutter.
     4.     Curing compound resin base ASTM C-309, Type 1 with light red tint of fugitive
            dye.

C.   CONSTRUCTION METHODS

     The construction methods shall conform to Section 530.3 of the SDHPT Standard
     Specifications 1982.

D.   MEASUREMENT

     Concrete curb and gutter will be measured by the linear foot. Curb and gutter will be
     measured along the nominal "back of curb".

     Concrete valley gutter, concrete gutter, concrete sidewalks, and concrete driveways will be
     measured by the square foot of completed valley gutter, sidewalk, or driveway to the limits
     shown on the drawings.

E.   PAYMENT

                                          TS-4-27
       Payment will be made at the contract unit price bid per linear foot of curb and gutter and
       square foot of valley gutter, concrete gutter, sidewalk or driveway. Payment will include
       full compensation for all materials required, labor, tools, equipment, forms, and incidentals
       to complete the work.



                                  EMBANKMENT


A.     DESCRIPTION

       This item shall govern for the placement and compaction of all materials necessary for the
       construction of embankments, levees and dykes or any designated section of the project
       where additional material is required.

B.     MATERIAL

       Materials may be furnished from required excavation in the areas shown in the plans or from
       off right of way sources obtained by the Contractor and meeting the requirements herein.
All    embankments shall conform to one of the following types as shown on the plans. Except
that   material used for pipe bedding shall be as shown on t he plans.

              Type A. This material shall consist of suitable granular material, free from
              vegetation or other objectionable matter, and reasonably free from lumps of earth.
              This materials shall be suitable for forming a stable embankment and, when tested
              in accordance with Test Methods Tex-104-E, Tex-105-E, and teex-107-E, Part II
              shall meet the following requirements:
                      The liquid limit shall not exceed .................................................................. 45
                      The plasticity index shall not exceed ........................................................... 15
                      The bar linear shrinkage shall not be less than ............................................. 2
              Type B. This material shall consist of suitable earth material such as loam, clay, or
              other such materials as approved by the Engineer that will form a stable
              embankment.

              Type C. This material shall be suitable and shall conform to the specification
              requirements shown on the plans.

               Type D. This material shall be that obtained from required excavation are shown on
       the plans and will be used in embankment.

C.     CONSTRUCTION METHODS

       1.     General.
         Prior to placing any embankment, all work in accordance with “Preparing
         Right of Way”, shall have been completed on the areas over which the embankment
is to be placed. Stump holes or other small excavations in the limits of the
embankments shall be backfilled with suitable material and thoroughly tamped by
approved methods before commencing embankment construction. The surface of


        the ground, including disk-loosened ground or any surface roughened by small
        washes or otherwise, shall be restored to approximately its original slope by blading
or other methods. Where shown on the plans or required by the Engineer, the
ground surface thus prepared shall be compacted by sprinkling and rolling.

       The engineer shall be notified sufficiently in advance of opening any material
       source to allow performance of any required testing.

       Unless otherwise shown on the plans, the surfaces of unpaved areas (except rock)
       which are to receive embankment shall be loosened by scarifying to a depth of at
       least 6 inches. Hillsides shall be cut into steps before embankment materials are
       placed. Placement of embankment materials shall begin at low side of hillsides and
       slopes. Materials which have been loosened shall be recompacted simultaneously
       with the new embankment materials placed upon it. The total depth of loosened and
       new materials shall not exceed the permissible depth of the layer to be compacted.

       Trees, stumps, roots, vegetation or other unsuitable materials shall not be placed in
       embankment.

       Unless otherwise shown on the plans, all embankments shall be constructed in layers
              approximately parallel to the finished grade.

        Embankments shall be constructed to the grade and sections shown on the plans or
        as established by the Engineer. Each section of the embankment shall correspond to
the detailed section or slopes established by the Engineer. After completion, it shall
be continuously maintained to its finished section and grade until the project is
accepted.

2.     Constructing Embankments.

       a. Earth Embankments. Earth embankments shall be defined as those composed
       principally of material other than rock, and shall be constructed of acceptable
       material from approved sources.

       Unless otherwise specified, earth embankments shall be constructed in successive
       layers for the full width of the cross section and in such lengths as are best suited to
       the sprinkling and compacting methods utilized.

                                       TS-4-29
            Layers of embankment may be formed by utilizing equipment and methods which
            will evenly distribute the material.

            Each layer embankment shall be uniform as to material, density and moisture
            content before beginning compaction. Where layers of unlike materials abut each
            other, each layer shall be featheredged for at least 100 feet, or the materials shall be
            so mixed as to prevent abrupt changes in the soil. No material placed in the
            embankment by dumping in a pile or windrow shall be moved by blading or similar


            methods. Clods or lumps of material shall be broken and the embankment material
            mixed by blading, harrowing, disking or similar methods until a uniform material of
     uniform density is achieved in each layer.

            It shall be the responsibility of the Contractor to secure a uniform moisture content
            throughout the layer by such methods as may be necessary. In order to facilitate
            uniform wetting of the embankment material, the Contractor may apply water at the
            material source if the sequence and methods used do ot cause an undue waste of
            water. Such procedures shall be subject to the approval of the Engineer.

             Each embankment layer shall be rolled and sprinkled when and to the extent
     directed by the Engineer.

     3.     Compaction Methods.

            Compaction of embankments shall be by “Ordinary Compaction”.

             a. Ordinary Compaction. When “Ordinary Compaction” is specified, the following
     provisions shall govern:

            Each layer shall not exceed twelve (12) inches of loose depth, unless otherwise
            directed by the Engineer. Each layer shall be compacted. Unless otherwise
            specified on the plans, the rolling equipment shall be as approved by the Engineer.
            Compaction shall continue until there is no evidence of further compaction. Prior
            to and in conjunction with the rolling operation, each layer shall be brought to the
            moisture content directed by the Engineer, and shall be kept leveled with suitable
            equipment to insure uniform compaction over the entire layer. Should the grade for
            any reason or cause, lose the required stability or finish, it shall be recompacted and
            refinished at the Contractor’s expense.

D.          MEASUREMENT

            This item will not be measured and paid for separately.

E.          PAYMENT
            The work performed and materials furnished in accordance with this Item will not be
            paid for separately but will be considered subsidiary to the various bid items.




                         HYDRATED LIME & LIME SLURRY


A.   DESCRIPTION

     This item established the requirements for hydrated lime and commercial lime slurry of the
     type and grade considered suitable for use in the treatment of natural or processed materials
     or mixtures for subgrade, subbase, and base construction.

B.   TYPES

     The various types and grades are defined and identified as follows:
     2.1.   Type A, Hydrated Lime, shall consist of a dry powder obtained by treating
            quicklime with enough water to satisfy its chemical affinity for water under the
            conditions of its hydration. This material is to consist essentially of calcium
            hydroxide or a mixture of calcium hydroxide and a small allowable percentage of
            calcium oxide, magnesium oxide, and magnesium hydroxide.

            The hydrated lime shall comply with the following chemical and physical
            requirements:
            2.1.1. Chemical Composition:
                   Total "active" lime content, percent by weight ..... Min. 90.0%
                   (i.e., % by wt. (Ca(OH)2+% by wt. Cao)*

                    No more than 5% by weight calcium oxide (unhydrated lime) will be
                    allowed in determining the total "active" lime content.

                    Unhydrated lime content, percent by weight CaO ...... Max. 5.0%
                    "Free Water" content, percent by weight H2O ......... Max. 4.0%

                                           TS-4-31
            2.1.2. Residue (Wet Sieve). The percent by weight of residue retained shall
                   conform to the following requirements:
                   Residue retained on a No. 6 (3360 micron) sieve ..... Max. 0.1%
                   Residue retained on a No. 30 (590 micron) sieve ..... Max. 3.0%

                   Hydrated lime for stabilization purposes shall be applied, as provided in the
                   governing specifications, as a dry powder or mixed with water to form a
                   slurry.

     2.2    Type B, Commercial Lime Slurry, shall be a pumpable suspension of solids in
            water. The water or liquid portion of the slurry shall not contain dissolved material
            in sufficiency quantity and/or nature injurious or objectionable for the purpose
            intended. The solids portion of the mixture, when considered on the basis of "solids
            content", shall consist principally of hydrated lime of a quality and fineness
            sufficient to meet the following requirements as to chemical composition and
            residue.

            2.2.1. Chemical Composition. The "solids content" of the lime slurry shall have a
                   Hydrate alkalinity Ca (OH)2 of not less than 87 percent by weight.

            2.2.2. Residue (Wet Sieve). The percent by weight of residue retained in the
                   "solids content" of lime slurry shall conform to the following requirements:

                   Residue retained on a No. 6 (3360-micro) sieve ...... Max. 0.1%
                   Residue retained on a No. 30 (590-micro) sieve ...... Max. 3.0%

                   Type B, Commercial Lime Slurry shall conform to one of the following
                   three grades:
                   Grade 1:      The "Dry Solids Contents" shall be at least 31 percent by
                                 weight of the slurry.
                   Grade 2:      The "Dry Solids Contents" shall be at least 35 percent by
                                 weight of the slurry.
                   Grade 3:      The "Dry Solids Contents" shall be at least 46 percent by
                                 weight of the slurry.

C.   SAMPLING AND TESTING

     The sampling and testing of lime slurry shall be as determined by Test Method Tex-600-J,
     "Lime Testing Procedure".

D.   MEASUREMENT AND PAYMENT

     Lime will be measured and paid for in accordance with the governing specifications for the
     items of construction in which lime is used.
                   HOT MIX ASPHALTIC CONCRETE PAVEMENT


A.   DESCRIPTION

     This item shall consist of a base course, a leveling-up course, a surface course, or any
     combination of these courses as shown on the plans, each to be composed of a compacted
     mixture of mineral aggregate and asphaltic material.

     The pavement shall be constructed on the previously completed and approved subgrade,
     base, existing pavement, bituminous surface or in the case of a bridge, on the prepared floor
     slab, as herein specified and in accordance with the details shown on the plans.

B.   MATERIAL

     Hot Mix Asphaltic Concrete, Type "D" (Fine graded surface course) (Modified)
     The hot mix asphaltic concrete shall conform to the requirements of the Texas State
     Department of Highways & Special Provisions 340-115, dated 10-88, with anti-stripping
     agent in accordance with Special Specifications Item 3373. The successful bidder shall
     submit an asphalt mix design within ten (10) days upon award of contract from a geo-
     technical laboratory demonstrating that the hot mix asphaltic concrete to be used meets these


                                           TS-4-33
     specifications. The asphalt to be used shall be A.C. 20. Special Modifications to Standard
     Specification Item 340, for this project are as follows:
     1.      Asphalt Content. Asphaltic Material (AC-20) shall form from 5 to 8.0 percent of the
             mixture by weight.
     2.      Retained Stability. The paving mixture shall have a retained stability of not less than
             70 percent when tested in accordance with ASTM Standard Procedure D1075.
     3.      Hveem Stability. Hveem stability shall not be less than 30 percent.
     4.      All aggregate retained on No. 4 sieve shall be 100% crushed limestone.

C.   CONSTRUCTION METHODS

     Construction methods used in Hot Mix Asphaltic Concrete Pavement shall meet the
     requirements as set forth in Item 340 "Hot Mix Asphaltic Concrete Pavement" of the
     SDHPT Standard Specifications, with the following additions:
     1.     Conditions for Placement. The asphaltic mixture when placed with a spreading and
            finishing machine, shall not be placed when the air temperature is below 50oF and is
            falling, but it may be when the air temperature is above 50oF and is rising. The air
            temperature shall be taken in the shade away from artificial heat. It is further
            provided that the asphaltic mixture shall be placed only when the humidity, general
            weather conditions, and temperature and moisture conditions of the base, in the
            opinion of the Engineer, are suitable.

            If the temperature of the asphaltic mixture of a load of any part of a load becomes
            less than 225oF or more than 350oF after being dumped from the mixer and prior to
            passing through the lay-down machine, all or any part of the load may be rejected.

     2.     Transporting Asphaltic Concrete. The asphaltic mixture, prepared as specified
            above, shall be hauled to the work in tight vehicles previously cleaned of all foreign
            material. The dispatching of the vehicles shall be arranged so that all material
            delivered may be placed, and all rolling shall be completed ruing daylight hours. In
            cool weather or for long hauls, canvas covers and insulating of the truck bodies may
            be required. The inside of the truck body may be given a light coating of oil, lime
            slurry, or other material satisfactory to the Engineer, if necessary, to prevent mixture
            from adhering to the body.

     3.     Placing
            a.      Generally, the asphaltic mixture shall be dumped and spread on the approved
                    prepared surface with specified spreading and finishing machine, in such
                    manner that when properly compact the finished pavement will be smooth,
                    of uniform density and will meet the requirements of the typical cross
                    sections and the surface tests. During the application of asphaltic material,
                    care shall be taken to prevent splattering of adjacent pavement, curb and
                    gutter and structures.
            b.      In placing a level-up course with the spreading and finishing machine, binder
                    twine or cord shall be set to line and grade established by the Engineer. If
            approved by the Engineer, level-up courses may be spread with a motor
            grader.
     c.     When the asphaltic mixture is placed in a narrow strip along the edge of an
            existing pavement, or used to level up small areas of an existing pavement or
            placed in small irregular areas where the use of a finishing machine is not
            practical, the finishing machine may be eliminated when authorized by the
            Engineer, provided a satisfactory surface can be obtained by other approved
            methods.
     d.     Flush Structures. Adjacent to flush curbs, gutters, liners, and structures, the
            surface shall be finished uniformly high so that when compacted it will be
            slightly above the edge of the curb or flush structure.

4.   Compacting
     a.   Rolling with the three wheel and tandem rollers shall start longitudinally a
          the sides and proceed toward the center of the pavement, overlapping on
          successive trips by at least half the width of the rear wheel unless otherwise
          directed by the Engineer. Alternative trips of the roller shall be slightly
          different in length. On super-elevated curves, rolling shall begin at the low
          side and progress toward the high side unless otherwise directed by the
          Engineer. Rolling with pneumatic-tire roller shall be done as needed.
          Rolling shall be continued until not further compression can be obtained and
          all roller marks are eliminated. One tandem roller, one pneumatic-tire roller
          and at least one three wheel roller as specified above shall be provided for
          each job. If the Contractor elects, he may substitute the three axle tandem
          roller for the two axle tandem roller and/or the three wheel roller; but in no
          case shall less than three rollers be in use on each job. Additional rollers
          shall be provided if needed. The motion of the roller shall be slow enough at
          all times to avoid displacement of the mixture. If any displacement occurs, it
          shall be corrected at once by the use of rakes and of fresh mixtures when
          required. The roller shall not be allowed to stand on pavement which has not
          been fully compacted. To prevent adhesion of the surface mixture to the
          roller, the wheels shall be kept thoroughly moistened with water, but an
          excess of water will not be permitted. All rollers must be in good
          mechanical condition. Necessary precautions shall be taken to prevent the
          dropping of gasoline, oil, grease, or other foreign matter on the pavement,
          either when the rollers are in operation or when standing.

            In lieu of the rolling equipment specified, the Contractor may, upon written
            permission from the Engineer, operate other compacting equipment that will
            produce equivalent relative compaction as the specified equipment. If the
            substituted compaction equipment fails to produce the desired compaction as
            would be expected of the specified equipment, as determined by the
            Engineer, its use shall be discontinued.


                                   TS-4-35
       b.     Hand Tamping. The edges of the pavement along curbs, headers, and
              similar structures, and all places not accessible to the roller, or in such
              positions as will not allow thorough compaction may be compacted using
              lightly oiled tamps.

5.     Opening to Traffic. The pavement shall be opened to traffic when directed by the
                                   s
       Engineer. The Contractor' attention is directed to the fact that all construction
       traffic allowed on pavement open to public will be subject to the laws governing
       traffic on Public Roads and Streets.

       If the surface ravels or presents a rough appearance, it will be the Contractor'   s
       responsibility to correct this condition at his expense. A fog seal and/or sand seal
       will be appplied.

6.     Density Test. Acceptance Sampling and Testing of Hot Mix Asphaltic Concrete
       (Compaction):
       Hot Mix Asphaltic Concrete will be accepted for density on a lot basis. A lot will
                          s
       consist of one day' production or 1,200 tons, whichever is less and shall be divided
       into four equal sublots. One test shall be made for each sublot.

       Each lot of pavement will be accepted, with respect to density, when the average
       field density is equal to or greater than 92% of the average maximum theoretical
       density as determined in accordance with ASTM D2041, and when no individual
       determination is less than 91% of the average maximum theoretical density. Four
       field density determinations will be made for each lot. Cores or sawed samples
       taken from the pavement will be used to determine the field density. The density of
       the cored or sawed samples shall be determined in accordance with ASTM D2726.

       The same specimen shall be used for determining both the maximum theoretical
       density and field density. Specimens used for field density determined in
       accordance with ASTM D2041. If heating is necessary, the specimen shall be
       heated to the lowest temperatures required for proper preparation of the sample.

       The use of nuclear field density determination shall not be used as the basis for
       acceptance with respect to density.

                             TABLE 8
                    SLIDING SCALE PAY FACTORS
       (DENSITY BASED ON PERCENT OF MAXIMUM THEORETICAL)

    AVERAGE PERCENT DENSITY* RECOMMENDED PERCENT PAYMENT
            91 % or above                   100
            90.0 - 90.9                     90 **
            Below 90.0                      Reject ***

*      Average of 4 samples.
     **      If the Owner agrees to accept densities between 90-90.9% a seal coat will be
             required.
     ***     If the Owner agrees to accept densities below 90.0%, the pay factor for density
     shall be 50%.

     7.     Surface Tests. Tests for conformity with the specified crowns and grade shall be
            made by the Contractor immediately after final rolling. Any variation exceeding the
            specified tolerances shall immediately be corrected by removing the defective work
            and replacing with new material, as directed by the Engineer. Any correction
            required shall be at the sole expense of the Contractor.

            For surface course, the finished surface shall not vary more than 1/4 inch (6.35mm),
            when tested with a 16 foot straightedge applied parallel with, or at right angles to,
            the centerline.

            The finished surfaces of hot mix asphaltic concrete shall not vary from the gradeline,
            elevations and cross sections shown on the plans by more than 1/2 inch (12.7mm).
            The Contractor shall correct pavement areas varying in excess of this amount by
            removing and replacing the defective work. Skin patching shall not be permitted for
            correction of low areas nor shall be permitted for correction of high areas.


     8.     Sampling Pavement. Samples for determination of thickness and density of
            completed pavements shall be obtained by the Owner. The size, number, and
            locations of the samples will be as directed by the Engineer.

            All tests necessary to determine conformance with the specified requirements will be
            performed without cost to the Contractor; however, any required retests shall be
                                         s
            performed at the Contractor'cost.

            Upon delivery of the Hot Mix Asphaltic Concrete to the site, the Owner will hire a
            reputable commercial testing laboratory to sample the material and run laboratory
            tests to verify that the mixture conforms to project specifications (Gradation,
            Extraction, Hveem Stability and Retained Stability).



D.   MEASUREMENT

     Hot Mix Asphaltic Concrete Overlay shall be measured by either the ton (2000#) or/by the
     square yard of specified thickness of the completed and accepted work. Method of
     measurement (by square yard or/by ton) is specified on the plans and bid sheets.

E.   PAYMENT

                                          TS-4-37
     The work performed and materials furnished, as prescribed by this item, measured as
     provided herein, shall be paid for a the contract unit price bid per ton or square yard for "Hot
     Mix Asphaltic Concrete", which price shall be full compensation for furnishing and placing
     all materials; and for labor, tools, equipment, and incidentals necessary to complete the work
     except prime coat but including tack coat when required. When payment is to be made by
     the square yard, be sure to include the cost of extra thickness adjacent to curb. No separate
     payment will be made for the extra thickness.




                          LIME TREATMENT FOR SUBGRADE

A.   DESCRIPTION

     The work covered by this section consists of the removal and disposal of existing pavement
     and base, and the construction of Lime Stabilized Subgrade to the limits, depth and extent
     shown on the plans.
B.   MATERIALS

     Materials shall be as specified for "Lime Treatment for Salvage Subgrade", and "Lime" as
     described elsewhere in these specifications.

C.   CONSTRUCTION METHODS

     The lime material shall be mixed into the subgrade eight (8) inches in compacted depth. It
     shall be the responsibility of the Contractor that the required amount of material be delivered
     and uniformly mixed and shaped.

     The surface upon completion shall be smooth and in conformity with typical sections and to
     the established lines and grades. All irregularities, depressions, or weak spots which
     develop shall be corrected.

     The Contractor shall "proof roll" the finished surface as directed by the engineer to
     determine any weak spots. The "proof rolling" will be done with a loaded water truck (2000
     gallon minimum).

     Once work has begun on an area, the Contractor shall be responsible for any failures in the
     underlying courses.

     Should the areas of "pavement spot repair", due to any reason or cause, lose the density, and
     finish before the surfacing is complete, it shall be re-compacted and refinished at the sole
     expense of the contractor.

D.   MEASUREMENT

     "Lime Treatment Subgrade" will be measured by the square yard, complete in place as
     planned and detailed.

E.   PAYMENT

     This item will be paid for at the contract unit price bid for "Lime Treatment Subgrade"
     which price shall include full compensation for all materials, excluding lime and all
     stabilizing agents and water required and for all equipment, tools, labor, and incidentals
     necessary to complete the work to the required compaction.




                                        PRIME COAT

                                            TS-4-39
A.    DESCRIPTION

      "Prime Coat" shall consist of an application of asphaltic material on the completed base
      course and/or other approved areas in accordance with these specifications as directed by
      the Inspector.

B.    MATERIALS

      The asphalt material for prime coat shall meet the requirement for Cut-Back Asphalt, MC-
      30, Item 300, "Asphalt, Oils, and Emulsions" of the Texas Highway Department Standard
      Specifications.

C.    CONSTRUCTION METHODS

      When, in the opinion of the Inspector, the area and/or base is satisfactory to receive the
      prime coat, the surface shall be cleaned by sweeping or other approved methods as directed
      by the Inspector. If directed by the Inspector, the surface shall be lightly sprinkled with
      water just prior to application of the asphaltic material. The asphaltic material shall be
      applied on the clean surface by an approved distributor at a rate not to exceed 0.20 gallons
      per square yard of surface, evenly, and smoothly, under a pressure necessary for proper
      distribution. During the application of prime coat, care shall be taken to prevent splattering
      of adjacent pavment, curb and gutter or structures.

      Prime coat shall not be applied when the air temperature is below 60oF and falling, but may
      be applied when the air temperatur is about 50oF and is rising; the air temperature being
      taken in the shade and away from artificial heat. Asphaltic material shall not be placed
      when general weather conditions, in the opinion of the Inspector, are not suitable.

D.    MEASUREMENT

      The quantity of asphaltic material for prime coat in gallons will be calculated by multiplying
      the measured surface area of accepted asphaltic pavement by the application rate 0.2 gallons
      per square yard.

E.    PAYMENT

      The work performed and materials furnished as prescribed by this item will be paid per
      gallons. The cost of prime coat material, cleaning the area and/or base; for furnishing,
      heating, hauling, and distributing the prime coat as specified, for all freight involved and for
      all manipulations, labor, tools, equipment, and incidentals necessary to complete the work
      shall be included in the unit price.



     TEMPORARY EROSION, SEDIMENT, AND WATER POLLUTION CONTROL
                                     (TXDOT Item # 506)

Description

   This item shall consist of temporary soil erosion, sediment and water pollution control
   measures deemed necessary by the Engineer for the duration of the contract. The temporary
   pollution-control provisions contained herein shall be coordinated with the permanent soil-
   erosion-control features specified elsewhere in the contract to the extent practical to assure
   economical, effective and continuous erosion control throughout the construction and post
   construction period. These control measures shall at no time be used as a substitute for the
   permanent control measures unless otherwise directed by the Engineer and they shall not
   include measures taken by the Contractor at his expense under Sub articles 4(a) through (e) to
   control conditions created by his construction operations. The temporary measures shall
   include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw
   mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and
   other devices specified by the Engineer.

Items of Work &Materials

   The estimated items of temporary erosion control will be indicated on the plans; however, the
   Engineer may increase or decrease the quantity of these Items as the need arises. The materials
   will be specified in the plans, standard specifications, special specifications or special
   provisions. The Engineer may specify other materials and work as the need arises..

Pre-construction Conference

   Prior to the start of the applicable construction, the Contractor shall submit for approval his
   schedules for accomplishment of soil-erosion-control work and his plan to keep the area of
   erodible-earth material to a minimum. He shall also submit for acceptance his proposed method
   of soil-erosion control on construction and haul roads and material sources and his plan for
   disposal of waste materials. N o work shall be started until the soil-erosion control schedules
   and methods of operations have been reviewed and approved by the Engineer.

Construction Requirements

   The Engineer has the authority to define erodible earth and the authority to limit the surface
   area of erodible- earth material exposed by preparing right of way, clearing and grubbing, the
   surface area of erodible-earth material exposed by excavation, borrow and embankment
   construction operations (except for commercial operations) and to direct the Contractor to
   provide temporary pollution-control measures to prevent contamination of adjacent streams,
   other water- courses, lakes, ponds or other areas of water impoundment. Such work may
   involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and
   use of temporary mulches, mats, seeding or other control devices or methods directed by the
   Engineer as necessary to control soil erosion.


                                            TS-4-41
The Contractor will be required to incorporate all permanent soil- erosion-control features into
the project at the earliest practicable time as outlined in his accepted schedule. Temporary
pollution-control measures shall be used to prevent or correct erosion that may develop during
construction prior to installation of permanent pollution-control features, but are not associated
with permanent control features on the project.
The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation,
borrow and embankment operations (other than commercially-operated sources) to be
proportional to the capability and progress in keeping the finish grading, mulching, and other
such permanent pollution-control measures current in accordance with the accepted schedule.
Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control
measures shall be performed as directed by the Engineer. The amount of surface area of
erodible- earth material exposed at one time shall not exceed 750,000 SF for each Excavation
operation, 750,000 SF for each Material Source operation (other than from commercially-
operated sources), 750,000 SF for each Preparing of Right of Way operation or 750,000 SF for
each Clearing and Grubbing operation, unless otherwise shown on the plans or with prior
approval by the Engineer in writing.
The Contractor shall maintain the top of the earthwork in all roadway sections through all
construction stages in such a manner as to permit the runoff of precipitation to the outer edges.
When directed by the Engineer, earth berms shall be constructed along the top and/or bottom
edges of embankment or cuts to intercept the runoff water at the close of the day' gradings
operations. Earth berms shall be compacted to the satisfaction of the Engineer. Temporary
slope drain facilities shall be provided to carry the runoff to the bottom of the slopes. The slope
drains may be of flexible or rigid construction, but shall be capable of being readily shortened
or ex- tended as the cut or fill progresses. Pipe and/or sheeting shall be provided at the entrance
to the temporary slope drains, and where necessary, energy dissipaters shall be provided at the
outlet. Open drains shall be stabilized as necessary to prevent erosion. On embankments with
flat slopes where slope drains are impractical, temporary grasses and/or mulch stabilization
shall be constructed concurrently with the embankment formation.
Should preventive measures fail to function effectively, the Engineer will require the
Contractor to act immediately to bring the erosion and siltation under control by whatever
additional temporary means are necessary.
The Contractor shall also conform to the following practices and con- trols. All labor, tools,
equipment and incidentals to complete the work will not be paid for directly but shall be
considered as subsidiary work to the various items included in the contract.
a. Waste or disposal areas and construction roads shall be located and constructed in a manner
    that will minimize the amount of sediment entering streams.
b. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other
    structures shall be used wherever an appreciable number of stream crossings are necessary.
    Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be
    operated in live streams.
c. When work areas or material sources are located in or adjacent to live streams, such areas
    shall be separated from the stream by a dike or other barrier to keep sediment from entering
      a flowing stream. Care shall be taken during the construction and removal of such barriers
      to minimize the muddying of a stream.
  d. All waterways shall be cleared as soon as practicable of false work, piling, debris or other
      obstructions placed during construction operations that are not a part of the finished work.
  e. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and
      reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall
      conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes
      and reservoirs and to avoid interference with movement of migratory fish.

D. Measurement and Payment
  In the event that temporary erosion, sediment and water-pollution-control measures required on
                                       s
  projects are due to the Contractor' negligence, carelessness or failure to install permanent
  controls as a part of the work as scheduled, and are ordered by the Engineer, such work shall
  not be measured for payment but shall be per- formed by the Contractor at his own expense.
  Where the work to be performed on projects involving earthwork, pre- paring right of way or
                                                              s
  clearing and grubbing, is not attributed to the Con- tractor' negligence, carelessness or failure
  to install permanent controls and falls within the specifications for a bid item in the contract,
  the units of work shall be measured and paid for in accordance with the appropriate
  specification. Should the work not be comparable to the work under the applicable contract bid
  items, the Contractor shall be ordered to perform the work on a force-account basis in
  accordance with Article 9.4., "Force Ac- count", or by agreed unit prices.
  In case of failure on the part of the Contractor to control soil erosion, pollution and/or siltation,
  the Engineer reserves the right to employ outside assistance or to use State forces to provide
  the necessary corrective measures. Such incurred direct costs plus project-engineering costs
  will be de. ducted from any money due or to become due to the Contractor.
  Temporary pollution control may include construction work outside the right of way where
  such work is necessary as a result of roadway construction such as material-source operations,
  haul roads and equipment-storage sites. Temporary pollution control work outside the right of
  way will not be measured for payment but shall be performed by the Contractor at his own
  expense.




                                              TS-4-43
                                       SECTION 02230

                                         EXCAVATION

PART I - GENERAL

1.01   GENERAL DESCRIPTION OF WORK

          A. This work shall consist of excavating and properly utilizing, or otherwise
       satisfactorily disposing of, all excavated materials, of whatever character, within the
       limits of work.

  B. Excavation shall also consist of constructing, compacting, shaping and finishing
     of all earthwork in designated areas on the plans, as specified herein, and in
     conformity with the required line grades and typical cross sections or as directed
     by the Engineer.

  C. When not otherwise included, this items shall include the work described in
     Section 2101 - Preparation of Right of Way, Section 2102 - Clearing and
     Grubbing, Section 2236 - Embankment, Section 2238 - Removal of Concrete,
     and Section 2210 - Subgrade Preparation.


PART II - PRODUCTS

2.01   CLASSIFICATION

  A. All excavations shall be unclassified and shall include all materials encountered
     regardless of their nature or the manner in which they are removed.
PART III - EXECUTION

3.01   CONSTRUCTION METHODS

  A. Prior to commencing this work, all erosion control and tree protection measures
     required shall be in place and all utilities located and protected.

  B. Construction equipment shall not be operated within the drip line of trees, unless
     otherwise indicted.

  C. Construction materials shall not be stockpiled under the canopies of trees. No
     excavation or embankment shall be placed within the drip line of trees until tree
     wells are constructed.

  D. All excavation shall be performed as specified herein and shall conform to the
     established alignment, grades and cross sections.

  E. Suitable excavated materials shall be utilized, insofar as practical, in constructing
     required embankments.

  F. The construction of all embankments shall conform to Section 2236 -
     Embankment. No material shall be stockpiled within the banks of a waterway.

  G. Unsuitable excavated materials or excavation in excess of that needed for
     construction shall be known as "Waste" and shall become the property of the
     Contractor. It shall become his sole responsibility to dispose of this material off
     the limits of the right of way in an environmentally sound manner at a permitted
     disposal site.

  H. Adequate dewatering and drainage of excavation shall be maintained throughout
     the time required to complete the work.


PART IV - MEASUREMENT AND PAYMENT

4.01   MEASUREMENT:

  A. Measurement of the volume of excavation in cubic yards by the average end
     areas. Cross sectional areas shall be computed from existing ground section to
     the established line of the subgrade, as shown on typical sections for the limits of
     the right-of-way or other work limits, including parkway slopes and sidewalk
     areas.

                                         TS-4-45
  B. Measurement of the area in square yards of surface area excavated as shown on
     the typical sections included in the plans.

  C. Measurement of the volume of excavation is in cubic yards, based upon the
     average end areas taken from pre-construction cross sections and planned
     grades. The planned quantities for excavation will be used as the measurement
     for payment for this item.

4.02   PAYMENT:

  A. This item will be paid for at the contract unit price bid for "Excavation," as
     provided under the measurement method as included in the bid, which price shall
     be full compensation for all work herein specified: including dewatering, drainage,
     subgrade preparation, unless otherwise indicated and the furnishing of all
     materials, equipment, tools, labor and incidentals necessary to complete the
     work.

  B. When not listed as a separate contract pay item, excavation shall be considered
     as incidental work, and the cost thereof shall be included in such contract pay
     item(s) as are provided in the proposal contract.


  C. Compensation, whether by contract pay item or incidental work will be for
     furnishing all materials, labor, equipment, tools and incidentals required for the
     work, all in accordance with the plans and these specifications.



                             * * * END OF SECTION * * *
           ROADWAY EXCAVATION AND SUBGRADE PREPARATION


A.   DESCRIPTION

     The work covered by this section consist of excavating and properly utilizing or
     satisfactorily disposing of all excavated material, of whatever character, within the limits of
     the work and the constructing, compacting, and shaping, and finishing of all earthwork on
     the entire length of the street and approaches to same in accordance with specification
     requirements herein outlined and in conformity with the required lines, grades, and typical
     cross sections shown on the plans.

     All excavation shall be unclassified, and shall include all materials encountered regardless of
     their nature or the manner in which they are removed, except those covered by pay items.

B.   CONSTRUCTION METHODS

     The subgrade shall be shaped in conformity with the typical sections shown on the plans and
     to the lines and grades established by the Engineer. All unstable or otherwise objectionable
     material shall be removed from the subgrade and replaced with approved material. All
     holes, ruts, and depressions shall be filled with approved material. The surface of the
     subgrade shall be finished to the lines and grades as established, and be in conformity with
     the typical sections shown on the plans. Any deviation in excess of one-half (1/2) inch in

                                            TS-4-47
     cross section and in a length of sixteen (16) feet measured longitudinally shall be corrected
     by loosening, adding, or removing material, reshaping and compacting by sprinkling and
     rolling. Sufficient subgrade shall be prepared in advance to insure satisfactory prosection of
     the work.

     Material removed may be utilized in the addition of material to the subgrade if approved by
     the Inspector. All other material required for completion of the subgrade shall also be
     subject to approval by the Inspector. All other material required for completion of the
     subgrade shall also be subject to approval by the Inspector.

     Unless otherwise indicated on plans. The surface of the ground of all unpaved areas which
     are to receive embankment shall be loosened by scarifying or plowing to a depth of not less
     than 4 inches. The loosened material shall be recompacted with the new embankment as
     hereinafter specified. The embankment shall be placed in layers not to exceed 6" in
     thickness for the full width of the individual roadway cross section and i, such lengths as are
     best suited to the sprinkling and compaction methods utilized.

C.   MEASUREMENT & PAYMENT

     Work and materials required under this item will not be measured or paid separately. The
     cost of work and materials required under this item shall be included in the unit price bid for
     other items of the work.




                                     CONCRETE PAVEMENT
                                       (Water Cement Ratio)


A.   DESCRIPTION

     This item shall consist of a pavement and/or base of Portland cement concrete, with or
     without reinforcement as shown on plans, with or without monolithic curbs, constructed as
     herein specified on the prepared subgrade or other base course in conformity with the
     thickness and typical cross sections shown on plans and to the lines and grades established
     by the Engineer.

B.   MATERIALS

     (1) Cement
                   All provisions of the Item, "Hydraulic Cement", shall apply. Unless otherwise
                   shown on the plans the cement shall be either Type I, II, or III Portland cement.

                   Type III cement shall be used when high early strength concrete is required by
                   the plans or special provisions. If the use of high early strength cement is not
                   specified, and the Contractor desires to use it, he shall obtain written permission
                   of the Engineer and shall assume all additional costs incurred by the use of such
                   cement.

       (2) Admixtures
                 Unless otherwise provided in the plans or special provisions, approved types of
                 admixtures, except high range water reducing admixtures, may be used at the
                 rate specified by the Engineer. High range water reducing admixtures may be
                 used only when shown on the plans. When specified on plans, air-entraining
                 admixture will be required as directed by the Engineer. Admixtures shall not be
                 used to replace cement. Admixtures shall comply with all the requirements of
                 the Item "Concrete Admixtures", (SDHPT Standard Spec. 1982).

       (3) Coarse Aggregate
                  Coarse aggregate shall consist of durable particles of gravel, crushed blast
                  furnace slag and/or crushed stone of reasonably uniform quality throughout,
                  free from injurious amounts of salt, alkali, vegetable matter or other
                  objectionable material, either free or as an adherent coating on the aggregate. It
                  shall not contain more than 0.25 % by weight of clay lumps, nor more than
                  1.0% by weight of shale nor more than 5.0% by weight of laminated and/or
                  friable particles when tested in accordance with Test Method Tex-413-A.

                   Coarse aggregate shall have a wear of not more than 45 % when tested
                   according to Test Method Tex-410-A and, when tested by standard laboratory
                   methods, shall meet the following grading requirements:


                           Retained on 1-3/4" sieve ..................................... 0%
                           Retained on 1-1/2" sieve ............................. 0 to 5%
                           Retained on 3/4" sieve ............................. 30 to 65%
                           Retained on 3/8" sieve ............................. 70 to 90%
                           Retained on No.4 sieve .......................... 95 to 100%
                           Loss by Decantation Test
                           *Method Tex-406-A ............................. 1.0% Max.

*In case of aggregates made primarily from the crushing of stone, if the material finer than
the 200 sieve is definitely established to be the dust of fracture essentially free from clay or
shale as established by Part III of Test Method Tex-406-A, the % may be increased to 1.5.


                                                TS-4-49
            Where curbs are placed separately the Contractor may elect to use the following
            gradation of coarse aggregate for curbs:

                   Retained on the 1-1/2" sieve .................................... 0%
                   Retained on the 3/8" sieve .................................. 5-30%
                   Retained on the No.4 sieve ............................. 75-100%

            Where the coarse aggregate is in two or more stockpiles. Each stockpile shall be
            batched and weighed separately.

            All aggregates shall be handled and stored in such a manner as to prevent
            segregation and contamination by foreign substances. When segregation is
            apparent, the aggregate shall be remixed. At the time of its use, the aggregate
            shall be free from frozen material, and aggregate containing foreign materials
            will be rejected. Coarse aggregate that contains more than 0.5 % free moisture
            by weight shall be stockpiled for at least 24 hours prior to use.

            Adequate storage facilities shall be provided for all approved materials. The
            intermixing of nonapproved materials with approved materials either in
            stockpiles or in bins will not be permitted. Aggregates from different sources
            shall be stored in different stockpiles unless otherwise approved by the
            Engineer.

            Aggregates shall be stockpiled in such a manner to prevent segregation and
            maintained as nearly as possible in a uniform condition of moisture.

            Each aggregate stockpile shall be reworked with suitable equipment at such
            times as required by the Engineer to remix the material to provide uniformity of
            the stockpile.



(4) Fine Aggregate
           Fine aggregate shall consist of sand or a combination of sands, and shall be
           composed of clean, hard, durable, uncoated grains. Unless otherwise shown
           on plans, theacid insoluble residue of the fine aggregate shall be not less than 28
           % by weight when tested in accordance with Test Method Tex-612-J.

            Fine Aggregate Exclusive of Mineral Filler
            Fine aggregate shall be free from injurious amounts of salt, alkali, or vegetable
            matter. It shall not contain more than 0.5 % by weight of clay lumps. When
            subjected to the color test for organic impurities, Test Method Tex-408-A, the
            fine aggregate shall not show a color darker than the standard.
           When the fine aggregate is tested in accordance with Test Method Tex-317-D,
           it shall have a tensile strength of mortar equal to or greater than the strength of
           standard Ottawa sand mortar.

           Unless specified otherwise, fine aggregate shall meet the following grading
           requirements:

                   Retained on 3/8" sieve ........................................... 0%
                   Retained on No.4 sieve ................................... 0 to 5%
                   Retained on No.8 sieve ............................… 0 to 20%
                   Retained on No.16 sieve .............................. 15 to 50%
                   Retained on No.30 sieve .............................. 35 to 75%
                   Retained on No.50 sieve .............................. 65 to 90%
                   Retained on No.100 sieve .......................... 90 to 100%
                   Retained on No.200 sieve ...........................97 to 100%

           Fine aggregate will be subjected to the Sand Equivalent Test (Test Method Tex-
           203-F). The sand equivalent value shall not be less than 80, unless a higher
           value is shown on plans.

           Mineral Filler
           Mineral Filler shall consist of clean stone dust, crushed sand, crushed shell or
           other approved inert material. When tested in accordance with Test Method
           Tex-401-A, it shall meet the following requirements:

                    Retained on No.30 sieve ............................... 0%
                    Retained on No.200 sieve ................... 0 to 35%

           Where fine aggregate is delivered to the job in two or more sizes or types, each
           type and/or size of material shall be batched and weighed separately. Where
           mineral filler is used, it shall be batched and weighed separately. At the time of
           its use the fine aggregate shall be free from frozen material, and aggregate
           containing foreign material will be rejected.

           All fine aggregate shall be stockpiled for at least 24 hours prior to use.

(5) Mixing Water
          Water for use in concrete and for curing shall be free from oil, acids, organic
          matter or other deleterious substances and shall not contain more than 1,000
          parts per million of chlorides as C1 nor more than 1,000 parts per million of
          sulfates as SO4.

           Water from municipal supplies approved by the State Health Department will
           not require testing, but water from other sources will be sampled and tested

                                         TS-4-51
            before use. A sample of approximately one gallon will be submitted to
            Laboratory for test.

            Test procedures shall be in accordance with AASHTO Designation: T26.

(6) Joint Filler
            Boards for expansion joint filler and for contraction and longitudinal joints shall
            be size, shape, and type indicated on the plans.


    (a)     Asphalt Board
            Asphalt board shall be of required size and uniform thickness. When used in
            transverse joints, it shall conform approximately to the shape of the pavement
            crown as shown on plans. Asphalt board shall consist of two suitable asphalt
            impregnated liner filled with a mastic mixture of asphalt and vegetable fiber
            and/or mineral filler. Boards shall be smooth, flat, and straight throughout, and
            shall be sufficiently rigid to permit easy installation. Boards that crack or
            shatter during installing and finishing operations will not be acceptable. Boards
            shall be furnished in lengths equal to one-half of pavement width or in lengths
            equal to the width between longitudinal joints and may be furnished in strips or
            scored sheets of the required shape. When tested in accordance with Test
            Method Tex-524-C the asphalt boards shall not deflect from the horizontal more
            than 3/4 inch in 3-1/2 inches.

(7) Joint Sealing Material
            Unless otherwise shown on the plans, joint sealing material shall conform to the
            requirements for one of the classes listed herein. The material shall adhere to
            the sides of the concrete joint or crack and shall form an effective seal against
            infiltration of water and incompressible. The material shall not crack or break
            when exposed to low temperatures.

    (a)     Class 2, (Hot Poured Rubber)
            This sealer shall be a rubber asphalt compound which when heated shall melt to
            the proper consistency for pouring and shall solidify on cooling at atmospheric
            temperatures. The seals must be compatible with asphaltic concrete.

            When tested in accordance with Test Method Tex-525-C, the sealer shall meet
            the following requirements:

            Penetration, 77F, 150 grams, 5 seconds, max-90 mm.
            Flow (5 hours, 140F, 75 degree incline), max-3 mm
            Resilience at 77F, original material, min.-60 % Bond (3 cycles at -20F)...There
            Shall be no crack in the joint sealing material or break in the bond between the
            sealer and the mortar blocks over 1/4 inch deep for any of the specimens after
            completion of the test.
            Certification
            The manufacturer of the joint sealant shall furnish certified test results of each
            lot of the joint sealer material furnished to each project. Each lot of the sealant
                                                                                    s
            shall be delivered in containers plainly marked with manufacturer' name or
            trademark and a lot number.

(8) Load Transmission Devises for Expansion and Contraction Joints.
           Approved load transmission devises shall consist of smooth, steel dowel bars of
          the size and type indicated on plans and shall be open-hearth, basic oxygen or
          electric-furnace steel conforming to the properties specified for Grade 60 in
          ASTM Designation: A 615. The free end of dowel bars shall be smooth and
          free of shearing burrs.

            When required by plans, one end of each dowel bar shall be encased in an
            approved cap having an inside diameter of 1/6 inch greater than the diameter of
            the dowel bar. The cap shall be of such strength, durability and design as to
            provide free movement of the dowel bar and shall be approved by the Engineer
            prior to use. One end of the cap shall be filled with a soft felt plug or shall be
            void in order to permit free movement of the dowel bar for a distance equivalent
            to 150% of the width of the joint used. The dowel caps and dowel bars shall be
            held securely in place by a bar ties as shown on plans, or an approved
            equivalent thereof. Mechanical methods of implanting dowel bars in the plastic
            concrete may be used if approved by the Engineer.

            Where shown on the plans, dowel bars shall be coated with a plastic material
            meeting the requirements shown on the plans.

            Where a red lead and oil bar coating is required by plans, the red lead may be of
            any standard commercial grade and the oil shall be clean and no lighter than
            Standard No. 30 SAE grade. Approved thinner and dryer may be added to the
            red lead, but the material upon application shall be of such consistency that will
            provide a uniform and heavy coating on the bar. Where asphalt bar coating is
            required by plans, the material may be any standard grade of oil asphalt and
            shall be applied hot. Cut-back asphalt will not be permitted for bar coating.

(9) Metal Installing Devices for Joint Assembly
           Metal installing devices for expansion and contraction joint assemblies (such as
           welded wire bar chairs, bar stakes, and marker channels, channel caps, etc.)
           shall be as shown on plans or may be similar devices of equivalent or greater
           strength, approved by the Engineer, that will secure the joint assembly in correct
           position during the placing and finishing of concrete.

            Load transmission devices used in joint assemblies shall be secured in position
            by a transverse metal brace of the type and design shown on plans, or may be

                                      TS-4-53
                 secured by other approved devices of equivalent or greater strength that will
                 provide positive mechanical connection between the brace and each unit (other
                 than by wire tie) and prevent transverse movement of each load transmission
                 device.

C.   EQUIPMENT

     (1) General
                All equipment necessary for the construction of this item shall be on the project
                and shall be approved by the Engineer as to condition before the Contractor will
                be permitted to begin construction operation on which the equipment is to be
                used. A commercial or independently operated batching plant for measuring
                materials outside the limits of the project shall be used.

     (2) Subgrade or Subbase Planer and Templates
               Unless a stabilized subbase is provided, an approved subbase planer shall be
               provided, mounted on visible rollers riding on the forms, and having adjustable
               cutting blades which shall trim the subgrade to the exact section shown on the
               plans. The planer frame shall be heavy enough to remain on the forms at all
               times and shall be of such strength and rigidity that, under a test made by
               changing the support from the wheels to the center, it shall not develop a
               deflection of more than 1/8 inch. Tractive power equipment used to pull the
               planer shall not be such as to produce ruts or indentations in the subgrade.

                 When the slipform method of paving is to be used, the subgrade planer will be
                 operated on a prepared track grade or controlled by an electronic sensor system
                 operated from a "string line" that establishes the horizontal alignment and the
                 elevation of the subbase.

                 A template for checking the contour of the subbase shall be provided and
                 operated by the Contractor. The template shall rest upon the side forms and
                 shall be of such strength and rigidity that, under a test made by changing the
                 support to the center, it shall not show a deflection of more than 1/8 inch. It
                 shall be provided with accurately adjustable rods projecting downward to the
                 subgrade at 1-foot intervals, and these rods shall be adjusted to the required
                 cross section of the bottom of the slab when the template is resting upon the
                 side forms. Where stabilized subbase is provided, use of a scratch template will
                 be required.

     (3) Forms
                 Side forms shall be of metal of approved cross section. The preferred depth of
                 the form shall be equal to the required edge thickness of the pavement. Forms
                 with depth greater or less than the required edge thickness of the pavement will
                 be permitted provided the difference between the form depth and the edge
                 thickness is not greater than 1 inch, and further proved that forms of a depth less
                 than the pavement edge are brought to be required edge thickness by securely
           attaching metal strips of approved section to the bottom of the form.
           Longitudinal hardwood strips not greater than one inch in thickness may be
           used in lieu of metal strips. If permitted by the Engineer, approved cement
           grout may be used to raise the forms to the required grade. The grout shall be
           completely removed before placing an adjacent lane of pavement.

           The length of form sections shall not be less than 10 feet, and each section shall
           provide for staking in position with not less than three pins. Flexible or curved
           forms of wood or metal of proper radius shall be used for curves of 200-foot
           radius or less. Forms shall be of ample strength and shall be provided with
           adequate devices for secure setting so that when in place they will withstand,
           without visible springing or settlement, the impact and vibration of the
           spreading and finishing machinery. In no case shall the base be less than 8
           inches for a form 8 inches or more in height. The forms shall be free from
           warps, bends or kinks, and shall be sufficiently true to provide a reasonably
           straight edge on the concrete and the top of each form section, and when tested
           with a straight edge shall conform to the requirements specified for the surface
           of the completed pavement. Sufficient forms shall be provided for satisfactory
           prosecution of the work.
           Outside curb forms shall be of wood or metal of a section satisfactory to the
           Engineer, straight, free of warp, and shall be of a depth at least equal to the
           depth of the curb. They shall be mounted on the paving forms and securely
           attached there to and maintained in true position during the placing of the
           concrete. Inside curb forms, if required, shall be of approved material and of
           such design as to provide the curb required and shall be rigidly attached to the
           outside forms.

(4) Concrete Spreader
           Use of a concrete spreader shall be required and it shall be a self-propelled
           machine having sufficient power and traction to spread and strike off concrete
           without slippage on the forms. It shall be equipped with a power driven device
           for spreading the concrete uniformly

           between the forms. The spreading device may be either a reciprocating blade, a
           screw conveyor or a belt conveyor. The spreader shall be capable of striking off
           the surface of the concrete between the forms in the longitudinal direction of the
           slab at any required elevation.

           Mechanically-operated concrete spreaders of other designs, which uniformly
           distribute the concrete with a minimum of segregation, may be used when
           approved by the Engineer.

(5) Slipform Paver


                                     TS-4-55
           Unless otherwise shown on the plans, the concrete may be placed with a slip
           form paver. This paver shall be equipped with a longitudinal transangular
           finishing float adjustable to crown and grade. The float shall extend across the
           pavement practically to the side forms and/or the edge of slab. A "string line"
           shall be used to provide grade control for the paver, unless otherwise shown on
           the plans.

(6) Mechanical Vibratory Equipment
          All concrete placed for pavement shall be consolidated by approved mechanical
          vibrators operated ahead of the transverse finishing machine and designed to
          vibrate the concrete internally and/or from the surface. Unless otherwise shown
          on the plans, vibrators of the surface-pan type will be used for two-lift
          placement of concrete and the internal type will be used for full-depth
          placement and both type vibrators shall be furnished and may be used
          concurrently at the discretion of the Engineer. Vibratory members shall extend
          across the pavement practically to, but shall not come in contact with, the side
          forms. Mechanically-operated vibrators shall be mounted in such manner as to
          not interfere with the transverse or longitudinal joints.

           The internal-type vibrators shall be spaced at not more than 24 inches and shall
           be equipped with synchronized vibratory units. Separate vibratory units shall
           be spaced at sufficiently close intervals to provide uniform vibration and
           consolidation to the entire width of the pavement. The frequency in air of the
           internal spud type vibratory units shall be not less than 8,000 cycles per minute
           and not less than 5,000 cycles per minute for tube types and the method of
           operation shall be as directed by the Engineer. The Contractor shall have a
           satisfactory tachometer available for checking the vibratory elements.

           The pavement vibrators shall not be used to level or spread the concrete but
           shall be used only for purposes of consolidation.

           The vibrators will not be operated where the surface of the concrete, as spread,
           is below the elevation of the finished surface of the pavement, except for the
           first lift of concrete where the double strike-off method of placement is
           employed, and the vibrators shall not be operated for more than 15 seconds
           while the machine upon which they are installed is standing still.

           The pan-type vibratory units shall apply the vibrating impulses directly to the
           surface of the concrete. The operating frequency shall be not less than 3,500
           cycles, nor more than 4,200 cycles per minute in air. The Contractor shall have
           a satisfactory tachometer available for checking the speed of the vibratory
           elements.

           Approved hand manipulated mechanical vibrators shall be furnished in the
           number required for provision of proper consolidation of the concrete along
           forms, at joints and in areas not covered by mechanically controlled vibrators.
                These vibrators shall be sufficiently rigid to insure control of the operating
                position of the vibrating head.

     (7) Finishing Equipment.
                 Transverse Finishing Machine
                 The transverse finishing machine shall be provided with two screeds accurately
                 adjusted to the crown of the pavement, shall be power driven and mounted in a
                 substantial frame equipped to ride on the forms, and shall be so designed and
                 operated as to strike off and consolidate the concrete.

                Finishing machines shall be maintained in a tight and good operating condition,
                accurately adjusted to the required crown or profile, and free from deflection,
                wobble, or vibration tending to affect the precision of finish. Machines failing
                to meet these requirements will be condemned by the Engineer, and the
                Contractor shall provide approved equipment.

                Where hand-finished is permitted under this specification, the Contractor shall
                provide a strike template and a tamping template both of 4 by 10 inch lumber or
                equivalent metal section and at least 2 feet longer than the width of the
                pavement. Both templates shall conform to the crown section of the pavement,
                and the tamp, if of wood, shall have a steel face not less than 3/8 inch in
                thickness. The Contractor shall also provide a longitudinal float of approved
                design and not less then 14 feet in length.

                The Contractor shall furnish, operate and maintain at least two standard 10-foot
                steel straightedges.

                The Contractor shall furnish a sufficient number of bridges equipped to ride on
                the forms and span the pavement for finishing operations and for the installation
                and finishing of joints. All necessary finishing and edging tools shall be
                furnished as may be required to complete the pavement in accordance with
                plans.

D.   PROPORTIONING AND DESIGN OF CONCRETE

     (1) Proportions
                            Concrete shall be composed of Portland cement, fine aggregate,
     coarse aggregate, mineral filler and/or admixture, if used, and water.
     (2) Concrete Strength
                 The concrete mix will be designed to produce a minimum average flexural
                 strength (modules of rupture) of 650 pounds per square inch at the age of 7
                 days. Unless otherwise shown on the plans the concrete shall contain not less
                 than five sacks of cement per cubic yard of concrete.


                                          TS-4-57
           The water-cement ratio (net gallons of water per sack of 94 pounds of cement)
           shall not exceed 6.25 gallons/sack. Concrete specimens shall be prepared,
           cured and tested as outlined in SDHPT Bulletin C-11.

(3) Concrete Strength for High Strength Pavement
           Where high strength concrete pavement is required, the concrete mix will be
           designed to produce a minimum average flexural strength of 700 pounds per
           square inch at the age of 7 days. The concrete shall contain not less than five
           sacks of cement per cubic yard of concrete. The water-cement ratio for this
           design shall not exceed 6.25 gallons/sack. Concrete specimens shall be
           prepared, cured and tested as outlined in SDHPT Bulletin C-11.


(4) Workability of Concrete
          Concrete shall be uniformly plastic, cohesive and workable. Workable concrete
          is defined as concrete which can be placed without honeycomb and without
          voids in the surface of the pavement after the specified finishing machine has
          been over a given area twice. Workability shall be obtained without producing
          a condition such that free water appears on the surface of the slab when being
          finished as specified. Where water appears on the surface of the concrete after
          finishing and this condition cannot be corrected by reasonable adjustment in the
          batch design, the bleeding will be immediately corrected by one of the
          following measures or a combination of two or more of the following listed
          measures:
          (a)      Redesign of the batch.
          (b)      Addition of mineral filler to fine aggregate.
          (c)      Increase of cement content.
          (d)      Use of an approved air-entraining agent or other approved admixture.

           In the event that the measures taken do not eliminate the bleeding immediately,
           concrete placement operations will be suspended, as directed by the Engineer,
           by placing a bulkhead or "header" according to details shown on the plans, and
           according to applicable requirements for intentional stoppage of placement in
           Subarticle 360.6(5) of this specification and will remain suspended until such
           time as additional trial mixes demonstrate that a non-bleeding batch design has
           been achieved. Failing to achieve a satisfactory laboratory batch design, the
           Contractor will be required to use different materials and to submit samples
           thereof for additional trial mixes and pilot beams as specified in SDHPT
           Bulletin C-11.

           The mix will be designed to produce concrete which will have a slump of 1-1½
           inches when tested in accordance with SDHPT Bulletin C-11. The slump shall
           not be less than 1 inch nor more than 3 inches.

(5) Mix Design
It shall be the responsibility of the Contractor to furnish the mix design, using a
Coarse Aggregate Factor acceptable to the Engineer. The mix shall be designed
to conform with

the requirements contained herein and in accordance with SDHPT Bulletin C-
11. The Contractor shall perform, at his own expense, the work required to
substantiate the design, except the testing of strength specimens which will be
done by the Engineer. Complete concrete design data shall be submitted to the
Engineer for approval.

It shall also be the responsibility of the Contractor to determine and measure the
batch quantity of each ingredient, including all water, not only for batch designs
but for all concrete produced for the project, so that the mix conforms to these
specifications and other requirements shown on the plans.


In lieu of the above mix design responsibility, the Contractor may accept a
design furnished by the Engineer. This will not relieve the Contractor of
providing concrete meeting the requirements of these specifications.

Trial batches shall be made and tested using all the proposed ingredients prior to
the placing of concrete and also when the aggregate, and/or type, brand or
source of cement, or admixture is changed. When the brand and/or source of
cement only is changed, the Engineer may waive trial batches only if a prior
record of satisfactory performance of the cement has been established.

Trial batches shall be made in the mixer to be used on the job. When ready-mix
concrete is to be used, the trial designs will be made in a mixer representative of
the mixers to be used. Batch size shall not be less than 50% of the rated mixing
capacity of the truck.

Mix designs from previous or concurrent jobs may be used without trial batches
if it is shown that no substantial change in any of the proposed ingredients has
been made.

The Coarse Aggregate Factor shall not exceed 0.85.

After the mix proportions and water-cement ratio required to produce concrete
of the specified strength have been determined, placing of the concrete may be
started. The strength of the concrete in the completed pavement will be
determined by flexural strength test specimens, made, cured, and tested as
provided in SDHPT Bulletin C-11. Modifications of the mix design will be
required by the Engineer on the basis of the conformity of the strength of these
test specimens with the requirements of the specification.

                          TS-4-59
                 Changes in the water-cement ratio and the mix design, including an increase in
                 cement factor if necessary, will be made when the average 7-day flexural
                 strength of the concrete, as indicated by the last 10 flexural strength values
                 (modules of rupture) obtained from tests of beams made from concrete of the
                 same water-cement ratio, departs from the desired minimum average strength
                 by more than 4 %.

                 The Engineer, at his option, may reject as non-representative any individual
                 flexural strength value in each group of ten where strengths more than 10%
                 above or below the average for the group are indicated and compute the average
                 flexural strength on the basis of the
                 remaining values. When the concrete fails to meet any of the requirements for
                 workability, the Engineer will require correction of this condition. In case it is
                 necessary to change aggregates, to use an additional aggregate or to use
                 admixtures, preliminary strength tests will be required.            Should tests
                 representing 3 days production consistently indicate a considerable departure
                 from the minimum specified strength, even though within the above limits,
                 appropriate changes in the water-cement ratio and mix proportions will be
                 made.

     (6) Test Specimens
                Unless otherwise specified on the plans, test beams for flexural strength shall be
                taken in accordance with SDHPT Bulletin C-11. Additional beams may be
                made as required by concrete placing conditions, or for adequately determining
                the strength of concrete where the early opening of the pavement to traffic is
                dependent upon concrete strength tests.


E.   SUBGRADE & FORMS

     (1) Preparation of Subgrade
                Where stabilized subbase is not provided the subgrade shall be excavated as
                required, all unstable or otherwise objectionable material removed, and all
                holes, ruts and depressions filled with approved material. Rolling and
                sprinkling shall be performed when and to the extended directed, and the
                roadbed shall be complete to or above the plane of the typical sections shown
                on plans and the lines and grades established by the Engineer. Material
                excavated in the preparation of the subgrade shall be utilized in the construction
                of adjacent shoulders and slopes, and any additional material required for the
                completion shall be secured from sources indicated on plans or designated by
                the Engineer. Drainage of the roadbed shall be maintained at all times. Sealed
                or treated subgrade cut in the preparation of the subgrade or setting of pavement
                forms shall be resealed or the subgrade restored to the original condition as
                directed by the Engineer.
            The subgrade shall be maintained in a smooth, compacted condition in
            conformity with the required section and established grade until the pavement
            is placed and shall be kept thoroughly wetted down sufficiently in advance of
            placing any pavement to insure its being in a firm and moist condition for at
            least 2 inches below the prepared surface. Sufficient subgrade shall always be
            prepared in advance to insure satisfactory prosecution of the work. No
            equipment or hauling shall be permitted on the prepared subgrade, except by
            special permission of the Engineer, which will be granted only in exceptional
            cases and only where suitable protection in the form of two-ply timber mats or
            other approved materials is provided.

(2) Placing and Removing Forms
           The subgrade under the forms shall be firm and cut true to grade so that each
           form section when placed will be firmly in contact for its whole length and base
           width, and exactly at the established grade. Any subgrade under the forms
           below established grade shall be corrected, using suitable material, placed,
           sprinkled and rolled as directed. Forms shall be staked with at least three pins
           for each 10-foot section. A pin shall be placed at each side of every joint. Form
           sections shall be tightly joined and keyed to prevent relative displacement.
           Forms shall be cleaned and oiled each time they are used.

            Forms shall be set for a sufficient distance in advance of the point where
            concrete is being placed to permit a finished and approved subgrade length of
            not less than 300 feet ahead of the mixer. Conformity of the grade and
            alignment of forms shall be checked immediately prior to placing concrete, and
            all necessary corrections made by the Contractor. Where any form has been
            disturbed or any subgrade becomes unstable, the form shall be reset and
            rechecked. In exceptional cases, the Engineer may require suitable stakes
            driven to the grade of the bottom of the forms to afford additional support.
            Sufficient stability of forms to support the equipment operated thereon and to
            withstand its vibration without springing or settlement shall be required. If
            forms settle and/or deflect over 1/8 inch under finishing operating, paving
            operations shall be stopped and the forms shall be reset to line and grade.

            Forms shall be leveled using cement-stabilized material containing not less than
            1.5" sacks of cement per ton of mix as placed. The aggregate gradation and
            water content shall be determined by the Engineer. The cement-stabilized
            material shall be sufficiently plastic to insure filling the voids underneath the
            paving forms. Paving equipment will not be permitted on the forms until the
            cement stabilized material has cured for at least 12 hours.

            Forms shall remain in place for not less than 8 hours after the concrete has been
            placed. They shall be carefully removed in such a manner that little or no
            damage will be done to the edge of the pavement. Any damage resulting from

                                      TS-4-61
                  this operation shall be immediately repaired. After the forms have been
                  removed, the end of all joints shall be cleaned, and any honeycombed areas
                  pointed up with approved mortar. Immediately after pointing is complete, the
                  form trench, if used, shall be filled with earth from the shoulders in such manner
                  as to shed water from rainfall or curing away form the edge of the pavement.
                  On completion of the required curing, the subgrade or shoulders adjacent to the
                  pavement shall be placed in condition to maintain drainage.
                  (a)     Where payment for concrete pavement is to be made by the square yard,
                          the forms may be adjusted to provide the minimum thickness provided
                          on the plans in lieu of trimming the subbase to exact grade where high
                          spots occur. When pavement forms are reset at a higher grade, the
                          revised grade shall be secured with gradual transitions to the established
                          grade at each end and by maintaining a proper drainage grade in the
                          pavement.

                         Forms shall rest on cement or asphalt stabilized material as directed by
                         the Engineer. Allowable grade revisions as provided herein shall in no
                         way affect the governing finishing and surface requirements of the
                         completed pavement. All grade revisions shall be established by the
                         Engineer.

                  (b)    Where payment for concrete pavement is to be made by the cubic yard
                         the pavement foundation or subgrade shall be tested after the forms are
                         set to insure that the required pavement thickness will be obtained.
                         Where high areas occur in the pavement foundation the pavement forms
                         shall be reset at a higher grade. The revised grade shall be secured with
                         gradual transitions to the established grade at each end and by
                         maintaining a proper drainage grade in the pavement. Allowable grade
                         revisions as provided herein shall in no way affect the governing
                         finishing and


                         surface requirements of the completed pavement. All grade revisions
                         shall be established by the Engineer.

F.   CONCRETE MIXTURE & PLACING

     (1) Mixing Methods
               The concrete shall be mixed in a mixer conforming to the requirements of
               Subarticle 360.3(4). Ready-Mix concrete conforming to the Item, "Ready-Mix
               Plants", may be used for mixing concrete for pavement only when specifically
               permitted by a note on the plans except that ready-mix concrete may be used for
               curbs, irregular sections and/or small placements such as turnouts and leave
               outs.

     (2) Mixing
              The aggregates, mineral filler if required, cement and water shall be measured
              separately, introduced into the mixer, and mixed for a period of not less than 50
              seconds nor more than 90 seconds, measured from the time the last aggregate
              enters the drum to the time discharge of the concrete begins. The required
              water shall be introduced into the mixing drum during the first 15 seconds of
              mixing. The entire contents of the drum shall be discharged before any
              materials of the succeeding batch are introduced.

              The Engineer may increase the minimum mixing time to that necessary to
              produce thoroughly mixed concrete based on inspection or appropriate
              uniformity test. The mixing time may be varied at any time a necessary to
              produce acceptable concrete.

              The initial batch of concrete mixed after each time the mixer is washed out shall
              be enriched by additional mortar. The additional mortar shall be one sack of
              cement and three parts of sand.

(3) Placing
              Unless otherwise shown on the plans the concrete may be placed by using
              forms or by use of a slip form paver. Any concrete not placed as herein
              prescribed within 30 minutes after mixing shall be rejected and disposed of as
              directed except as provided otherwise herein. Except by specific written
              authorization of the Engineer, concrete shall not be placed when temperature is
              below 40oF and falling but may be placed when the temperature is above 35oF
              and rising, the temperature being taken int the shade and away from artificial
              heat.

              When such permission is granted, the Contractor shall furnish an approved
              enclosure, such as canvas-covered framework, to enclose and protect all
              pavement so placed, and shall maintain the temperature of the air surrounding
              the concrete at not less than 50oF for not less than 5 days. When concrete is
              being placed in cold weather, other than under the conditions stated above, the
              Contractor shall have available a sufficient supply of an approved covering
              material to immediately protect concrete if the air temperature falls to 32oF. or
              below, before concrete has been placed 4 hours. Such protection shall remain in
              place during the period the temperature continues below 32oF, or for a period of
              not more than 5 days. Neither salt nor other chemical admixtures shall be added
              to the concrete to prevent freezing. The Contractor shall be responsible for the
              quality and strength of

              concrete under cold weather conditions and any concrete damaged by freezing
              shall be removed and replaced at his expense. Concrete shall not be placed
              before sunrise and shall not be placed later than will permit the finishing of the
              pavement during sufficient natural light.

                                        TS-4-63
Concrete shall be placed only on approved subgrade or subbase and, unless
otherwise indicated on plans, the full width of the pavement shall be constructed
monolithically. The concrete shall be deposited on the subgrade or subbase in
such manner as to require a little rehandling as possible. Where hand spreading
is necessary, concrete shall be distributed to the required depth by use of
shovels. The use of rakes will not be permitted. Workers will not be permitted
to walk in the concrete with any earth or foreign material on their boots or
shoes. The placing of concrete shall be rapid and continuous.

When the concrete is to be placed in separate lanes, the junction line shall not
deviate from the line more than 1/2 inch at any point and shall be finished as
shown on plans.

The mixer shall not be located on completed pavement, except as herein
provided, but may be located on the subgrade of that lane of the pavement being
constructed, as provided under Subarticle 360.5(1). When limited space, in the
opinion of the Engineer, requires operation of the mixer on completed
pavement, the mixer may be so operated provided the concrete has attained the
minimum average flexural strength required under Article 360.4. and provided
suitable protection to the pavement in the form of two-ply timber mats or other
approved material is provided.

Concrete shall be distributed to such depth that, when consolidated and finished,
the slab thickness required by plans will be obtained at all points and the surface
shall not, at any point, be below the established grade. Special care shall be
exercised in placing and spading concrete against forms and at all joints to
prevent the forming of honeycombs and voids.

Unless otherwise shown on plans, when the placing of concrete is accomplished
in two passes (double strike-off method) to allow placing the reinforcement in
the form of bar mats after the first pass, the first pass shall be uniformly spread
and/or struck off so that the final position of the longitudinal steel will be within
1/2 inch of the position dimensioned on the plans. The second pass shall be
placed as soon as the reinforcing is in place prior to initial set and in no case
shall it be placed later than 20 minutes after completion of the first pass.

Concrete for the monolithic curbs shall be the same as for the pavement and, if
carried back from the paving mixer shall be placed within 20 minutes after
being mixed. It may be placed from the separate mixer if desired but in any
case must be placed while the pavement concrete is still plastic. When sawed
joints are used, curbs shall be doweled as shown on plans and poured after
sawing. Curbs doweled on and placed separately may be placed with an
extrusion machine and the mixture shall conform to Article 360.4.
            If a central mixer is used, the Contractor shall provide a system satisfactory to
            the Engineer for determining that concrete delivered to the road meets the
            specified requirements for mixing and time of placing.

            Unless otherwise shown on plans, two mixers will be required where the double
            strike-off method is employed.

            If, in the opinion of the Engineer, the temperature, wind and/or humidity
            conditions are such that the quality of the concrete will not be adversely
            affected, the specified placing time may be extended to a maximum of 45
            minutes.

(4) Reinforcing Steel and Joint Assemblies
           All reinforcing steel, including steel wire fabric reinforcement, tie bars, dowel
           bars, and load transmission devices used in accordance with plan provisions
           shall be accurately placed and secured in position in accordance with details
           shown on plans. Reinforcing bars shall be securely wired together at alternate
           intersection, following a pattern approved by the Engineer, and at all splices,
           and shall be securely wired to each dowel intersected. When wire fabric is
           used, it replaces only the longitudinal and transverse bars and shall be securely
           wired together at all splices and to each dowel intersected. Tie bars shall be
           installed in the required position by the method and device shown on plans or
           by approved method and device equivalent there to. Mechanical placement of
           steel will be permitted. If this method of placement proves inadequate, the
           work shall be completed using conventional methods.

            Bar coating required by plans, and of material specified, shall be completed and
            the bars and coating shall be free of dirt of other foreign matter at the time of
            installation in the concrete.

            Tightly adhered scale or rust which resists removal by vigorous wire brushing
            need not be removed except that excessive loss of section to the reinforcement
            due to rust shall be for rejection. Excessive loss of section shall be defined as
            loss of section to the extent that the reinforcement will no longer meet the
            physical requirements for the size and grade of steel specified.

            Where plans require an assembly of parts at pavement joints, the assembly shall
            be completed, placed at required location and elevation, and all parts rigidly
            secured in required position y the method and devices shown on plans or y
            approved method and devices equivalent thereto. Dowels bars shall be
            accurately installed in joint assemblies in accordance with plans, each parallel to
            the pavement surface and to the centerline of the pavement, and shall be rigidly
            secured in required position by such means (as shown on plans, or approved
            equivalent there to) that will prevent their displacement during pacing and

                                      TS-4-65
            finishing of the concrete. Header boards, joint to receive each load transmission
            device. All load transmission devices shall be free of rust and clean when
            installed in the concrete.

(5) Construction Joints
           Intentional stoppage of the placing of the concrete shall be at either an
           expansion joint or at a weakened plane joint, if is to be by aggregate interlock
           only, intentional stoppage shall be in the middle of a slab. The following
           provision shall govern for each type of joint at which the placing of concrete is
           stopped.
           (a)     When the placing of concrete is stopped at an expansion joint, the
                   complete joint assembly shall be installed and rigidly secured in
                   required position as shown on plans. A bulkhead of sufficient cross
                   sectional area to prevent deflection, accurately notched to receive the
                   load transmission devices and shaped accurately to the cross section of
                   the pavement shall be provided and installed as a back-up for the joint
                   filler and rigidly secured in required position to permit accurate
                   finishing of the concrete up to the joint. After the concrete has been
                   finished to the joint, formation of the joint seal space and finishing of
                   the joint shall be executed as specified herein and in accordance with
                   plan requirements.

                   The back-up bulkhead shall remain in place until immediately prior to
                   the time when concrete placing is resumed, when it shall be carefully
                   removed in such manner that no element of the joint assembly will be
                   disturbed. The exposed portion of the joint assembly shall be free of
                   adherent concrete, dirt or other material at the time placing of concrete
                   is resumed.

            (b)    When placing of concrete is stopped at a weakened plane joint, all
                   applicable provisions of paragraph (a) above shall apply in addition to
                   the following requirements:

                   The face of the bulkhead adjoining the slab end shall be notched and
                   grooved to fit the exposed half section of the joint assembly and shall be
                   shaped to form the slab end at the center of the joint as shown on the
                   plans. The half-with of joint seal-space may be formed by a strip of
                   required section placed and removed in accordance with plan
                   requirements for construction of transverse contraction joints. The
                   Contractor shall have a available a bulkhead shaped to the section of the
                   pavement. This bulkhead must be drilled to permit the continuation of
                   all longitudinal reinforcing steel through the construction joint and shall
                   be of sufficient section and strength to prevent deflection.

            (c)    When load transmission devices are not provided in the design,
                   intentional stopping of placement of concrete shall occur in the middle
                         of a slab. Provisions shall be made to provide a bulkhead which will
                         accommodate tie bars of the same length, size and spacing as tie bars
                         used for the longitudinal joints. When the concrete placement is
                         resumed, the Bulkhead shall be removed without bending the tie bars or
                         damaging the concrete. The joint seal space and sealer shall be the same
                         as for longitudinal joints.

                         Immediately upon the unintended stoppage of the placing of concrete
                         the Contractor shall place the available concrete to a line and install the
                         above described bulkhead at right angles to the centerline of the
                         pavement, perpendicular to the surface and at the required elevation.
                         Concrete shall be placed and finished to this bulkhead. Any concrete
                         remaining on the subgrade ahead shall be removed and disposed of as
                         directed by the Engineer. When placing of concrete is resumed before
                         the concrete has set to the extent that the concrete will stand on removal
                         of the bulkhead, the new concrete shall be rodded with the first
                         Concrete. An edge created by construction joint of this type shall have a
                         joint seal space and shall be sealed as required for contraction joints.

G.   JOINTS

     (1) General
                All transverse and longitudinal joints when required in the pavement shall be of
                the type or alternate type shown on plans and shall be constructed at the
                required location, on required alignment, in required relationship to tie bars and
                joint assemblies, and in accordance with details shown on plans. Such stakes,
                braces, brackets or other devices shall be used as necessary to keep the entire
                joint assembly in true vertical and horizontal position. Where concrete base is
                overlaid by asphaltic concrete the joints shall be prepared as specified herein,
                but joint sealing will not be required unless specified on plans.

                 If necessary for proper installation of the sealer, excessive spalling of the joint
                 groove shall be repaired to the satisfaction of the Engineer in the manner which
                 he prescribes.

                 Careful workmanship shall be exercised in the construction of all joints to
                 insure that the concrete sections are completely separated by an open joint or by
                 the joint materials and to insure that the joints will be true to the outline
                 indicated.

     (2) Expansion Joints
               Transverse expansion joints shall be formed perpendicular to the centerline and
               surface of the pavement and shall be constructed in accordance with the
               sequence of operations shown on plans. After the transverse finishing machine

                                           TS-4-67
           and before the longitudinal finishing machine have passed over the joint, the
           Contractor shall test the joint filler for correctness of position and make any
           required adjustment in position of the filler and shall install the joint seal space
           form in accordance with plans. After removal of the joint seal form as required
           by plans, the joint machine shall be routed to remove all projecting concrete,
           laitance, dirt or foreign matter. The concrete faces of the joint seal space shall
           be left true to line and the pavement, the joint sealing filler is placed. On
           completion of the joint seal, the pavement adjacent to the joint shall be left
           exactly above and not narrower than the joint filler with no concrete
           overhangings.

(3) Weakened plane Joints
          Weakened plane joints shall consist of transverse contraction joints and
          longitudinal joints and shall be formed or sawed as specified on the plans.
          When the joints are sawed, the saw shall be power driven, shall be
          manufactured specially for the purpose of sawing concrete, and shall be
          capable of preforming the work. Saw blades shall be designed to make a clean
          smooth cut having a width and depth of cut as detailed on the plans. Tracks
          adequately anchored, chalk, string line or other approved methods shall be used
          to provide true alignment condition and the Contractor shall keep a standby
          power saw on the project at all times when concrete operations are under way.

           If membrane curing is used, the portion of the seal which has been disturbed by
           sawing operations shall be restored by the contractor by spraying the areas with
           additional curing seal.




           Forming, finishing and sealing of the joint seal space shall be in accordance
           with applicable provisions of Subarticle 360.7.(2) and details shown on plans.
           (a)    Contraction Joints
                  Transverse contraction joints shall be formed or sawed joints
                  perpendicular to the centerline and surface of the pavement and shall be
                  constructed by the method, and in the sequence of operations, as shown
                  on the plans. Where sawed joints are used, contraction joints at
                  approximately 60-foot intervals shall be sawed as soon as sawing can be
                  accomplished without damage to the pavement and before 24 hours
                  after the concrete has been placed, the exact time to be approved by the
                  Engineer. The remaining contraction joints shall be sawed in a uniform
                  pattern as directed by the Engineer, and they shall completed before
                  uncontrolled cracking of the pavement takes place. All joints shall be
                  completed before placing concrete in succeeding lanes and before
                  permitting traffic to use the pavement.
                   If the metal contraction joint form is used it shall be secured in
                   position by a transverse metal brace or other approved device as
                   required by Subarticle 360.2. (10) that will securely hold the form in
                   place. The concrete adjacent to the metal

                   contraction joint form shall be vibrated to the extent necessary to insure
                   complete consolidation without honeycombing.

            (b)    Longitudinal Joints. Longitudinal joints shall be of the type or alternate
                   types shown on the plans and shall be constructed of specified materials
                   in accordance with provisions of the plans. Longitudinal joint shall be
                   constructed accurately to required lines, shall be perpendicular to the;
                   pavement surface at the joint, and the pavement surface over and
                   adjacent to the joint shall be finished as specified.

                   Longitudinal joints shall be sawed as soon as sawing can be
                   accomplished without damage to the pavement. Sawing shall not cause
                   damage to the pavement and the groove shall be cut with a minimum of
                   spalling. No traffic (including construction traffic) shall be permitted on
                   the pavement until the longitudinal joint is cut.

                   When the flex plane type longitudinal joint is used, it shall be placed
                   behind the longitudinal float.

(4) Joint Sealers
            Unless otherwise specified on the plans, either Class 1-a, Class 1-b., Class 2,
            Class 3, Class 4, or Class 5 materials, designated by Subarticle 360.2. (8) may
            be used at the option of the Contractor.

            Class 1-a and 1-b Materials. This materials shall be mixed and applied
                                         s
            according to the manufacturer'recommendations.

            Class 2 Materials. This material shall be melted in an approved oil -bath kettle
            equipped with temperature indicators and continuously operated mechanical
            agitators, The material shall not be heated above 450oF and any material heated
            above that temperature will be rejected.

            For placement in vertical joints ( curb faces, etc.) either of the following
            produce may be used.
            (a)    An amount of the mixed material may be set aside until partial curing
                   has taken place and carefully trowelled into the joint with a suitable tool.
            (b)    The portion of the joint in the roadway shall be poured and cured. The
                   vertical curb faces shall then be taped or formed and the material poured
                   into the vertical joint from the top.

                                      TS-4-69
            Class 3 Material. After the joints in the hardened concrete have been
            thoroughly cleaned to the satisfaction of the Engineer, the material shall be
            installed into each joint by means of a powered, concrete joint sealing machine
            capable of continuously feeding the compound under pressure into the joint in
            such a way as to fill it solidly. The extruding nozzle tip of the sealing machine
            shall be of such design as to fill the joint opening uniformly from the bottom to
            the top in a neat and workmanlike manner. The joints shall be completely
            filled.

            Class 4 Material. After the joints in the hardened concrete have been repaired
            (if necessary) and cleaned to the satisfaction of the Engineer, the material shall
            be installed into each joint by means of an appropriate hand or power operated
            installation device using the lubricant-adhesive specified. The seal shall be
            installed in a compressed condition and shall be free of an objectionable amount
            of curling and twisting during installation in the joint groove. It shall be of such
            material and so installed that it will effectively seal joints in concrete against
            water, dirt, and stone throughout repeated cycles of expansion and contraction.
            Stretching of the compression seal during installation in the joint will not be
            permitted.

            Class 5 Material. This material shall be applied in accordance with the
                        s
            manufacturer'recommendations.

(6) Curbs
            The curb shall be constructed in lengths equal to the adjoining pavement slab
            lengths, and expansion joints shall be provided in the curb opposite each
            transverse expansion same thickness, type and quality as specified for the
            pavement and shall be of the section as shown for the curb. All expansion
            joints shall be carried through the curb.

            When sawed joints are provided for the pavement, the curb placement shall be
            delayed until all transverse joints have been sawed. To provide bond for the
            curb, dowel bars shall be placed as indicated on the plans while the pavement
            concrete is still plastic.

            Weakened plane joints shall be formed in monolithic curbs at a spacing to
            coincide with the joints in the concrete pavement. The joints shall be formed by
            inserting in the curb an asphaltic concrete sufficiently set, the joint on the top
            and face of curb shall be grooved with an approved type of grooving tool.


            A finish coat of mortar shall be applied on the;exposed surfaces of the
            monolithic curbs. The mortar shall be composed of one part of Portland cement
            and two parts of fine aggregate. A mortar coat will not be required for extruded
            curbs.
                The curb face, lower radius and top of curb shall be plastered with the sand-
                cement mortar. The mortar shall be applied with a template or "mule" made to
                conform to the curb shall be finished with a steel trowel and brushed to a
                smooth and uniform surface. The mortar finish as required shall be subsidiary to
                the Item, "Concrete Pavement".

H.   SPREADING AND FINISHING

     (1) Machine-Finishing
               All concrete pavement shall be finished mechanically with approved power-
               driven machines, except as herein provided. Hand-finishing will be permitted
               on the transition from a crowned section to a superelevated section without
               crown on curves, and on straight line superelevation sections less than 300 feet
               in length. Hand-finishing will also be permitted on that portion of a widened
               pavement outside the normal pavement width, on sections where the pavement
               width is not uniform, or required monolithic widths are greater than that of
               available finishing machines.

                Machine-finishing of pavement shall include the lube of power-driven
                spreaders, power-driven vibrators, pow-driven transverse strike-off, and screed,
                or such alternate equipment as may be substituted and approved under
                Subarticle 360.3(11).

                All Concrete pavement shall be consolidated by a mechanical vibrator. As soon
                as the concrete has been spread between the forms, the approved mechanical
                vibrator shall be operated to consolidate the concrete and remove all voids.
                Hand-manipulated vibrators shall be used for areas not covered by the
                mechanical vibratory unit.

                The transverse finishing machine shall first be operated to compact and finish
                the pavement to the required section and grade, without surface voids. The
                machine shall be operated over each area as many times and at such intervals as
                directed. At least two trips will be required and the last trip over a given area
                shall be a continuous run of not less than 40 feet. After completion of finishing
                machine a transverse drag float may be used.

                The consistency of the concrete as placed should allow the completion of all
                finishing operations without the addition of water to the;surface. When field
                conditions are such that additional moisture is needed for the final concrete
                surface finishing operation, the required water shall be applied to the surface by
                fog spray only and shall be held to minimum.



                                          TS-4-71
          After finishing is complete and the concrete still workable, the surface shall be
          tested for trueness with an approved 10-foot steel straightedge. The
          straightedge shall be operated from the side of the pavement, placed parallel to
          the pavement centerline and passed across the slab to reveal any high spots or
          depressions. The straightedge shall be advanced along the pavement in
          successive stages of not more than one-half its length. Practically perfect
          contact of the straightedge with the surface will be required, and the pavement
          shall be leveled to this condition, in order to insure conformity with the surface
          test required below, after the pavement has fully hardened. Any correction of
          the surface required shall be accomplished by adding concrete if required and
          by operating the longitudinal float over the area. The surface test with the
          straightedge shall then be repeated.

          For one-lane pavement placement and uniform widening, the equipment for
          machine-finishing of concrete pavement shall be as directed by the Engineer but
          shall not exceed the requirements of these specifications.

          After completion of the straightedge operation, as soon as construction
          operations permit, texture shall be applied with 1/8-inch wide metal tines with
          clear spacing between the tines being not less than 1/4-inch nor more than ½
          inch. If approved by the Engineer, other equipment and methods may be used,
          provided that a surface texture meeting the specified requirements is obtained.
          The texture shall be applied transversely.

          It is the intent that the average texture depth resulting from the number of tests
          directed by the Engineer be not less than 0.060 inch with a minimum texture
          depth of 0.050 inch for any one test when tested in accordance with Test
          Method Tex-436-A. Should the texture depth fall below that intended, the
          finishing procedures shall be revised to produce the desired texture.

          Emergency Procedures. The Contractor shall have available at all times hand
          rakes with tines for the purpose of providing texture in the event of equipment
          breakdown.

          The Contractor also shall have available a conventional garden spray-type can
          containing a commercially available monomolecular film compound. This shall
          be applied in the case of equipment breakdown or other emergencies to prevent
          the pavement form drying too rapidly. The use of this product will give the
          Contractor additional time to provide adequate texturing.

          After completion of texturing and about the time the concrete becomes hard, the
          edge of the slab and joints shall be carefully finished as directed by the
          Engineer, and the pavement shall be left smooth and true to line.

(2) Hand-Finishing
                 Hand-finishing shall be resorted to only in those conditions provided for above
                 and upon specific authorization by the Engineer. When hand-finishing is
                 permitted, the concrete shall be struck off with an approved strike-off screed to
                 such elevation that when consolidated and finished the surface of the pavement
                 shall be conform to the required section and grade. The strike template shall be
                 moved forward with a combined transverse and longitudinal motion in the
                 direction the work is progressing, maintaining the template in contact with the
                 forms, and maintaining a slight excess of material in front of the cutting edge.
                 The concrete shall then be tamped with an approved tamping template to
                 compact the concrete thoroughly and eliminate surface voids and the surface
                 screeded to required section.

                 After completion of a strike-off, consolidation and transverse screeding, a hand-
                 operated longitudinal float shall be operated to test and level the surface to the
                 required grade.


                 Worker shall operate the float from approved bridges riding on the forms and
                 spanning the pavement. The longitudinal float shall be held in contact with the
                 surface and parallel to the centerline and operated with short longitudinal
                 strokes while being passed form one side of the pavement to the other. If
                 contact with the pavement is not made at all points, additional concrete shall be
                 placed, if required, and screeded, and the float shall be used to produce a
                 satisfactory surface at all points in being passed from one side to the other, the
                 bridges may be moved forward half the length of the float and the operations
                 repeated.

                 Other operations and surfaces tests shall be as required for machine finishing.

     (3) Surface Test
                After the concrete has been placed 12 hours or more, the Engineer will test the
                surface of the pavement with a 10 - foot straightedge placed parallel to the
                centerline. Unless specified otherwise, the surface shall not vary from the point
                of contact, and in no case shall the maximum ordinate from the straightedge by
                more than 1/6 inch per foot from the nearest point of contact, and in no case
                shall the maximum ordinate from a 10-foot straightedge to the pavement be
                greater than 1/8 inch. Any high spots causing a departure from the straightedge
                in excess of that specified shall be ground down by the Contractor to meet the
                surface test requirements. Where the texture of the pavement is removed by
                extensive
                grinding, the texture shall be restored by grooving the concrete to meet the
                surface finishing specifications.

I.   CURING

                                           TS-4-73
     (1) General
                All concrete pavement shall be cured by protecting it against loss of moisture
                for a period of not less than 72 hours from the beginning of curing operations.
                Immediately after finishing operations have been completed, the entire surface
                of the newly laid concrete shall be covered and cured in accordance with the
                requirements specified for whichever of the following methods the Contractor
                may elect. Newly-laid concrete base to be overlaid by asphaltic concrete shall
                not be cured by "Membrane Curing", and surface not to be overlaid by asphaltic
                concrete shall not be cured by "Asphaltic Curing". In all cases in which curing
                requires the use of water, the curing shall have prior right to all water supply or
                supplies. Failure to provide sufficient cover material of the type the Contractor
                elects to use, failure to maintain saturation in wet curing methods, lack of water
                to adequately take care of both curing and other requirements, or other failures
                to comply with curing requirements shall be cause for immediate suspension of
                concreting operations. The covering material used in curing shall be removed
                as necessary to saw joints or to comply with the requirements for "Surface
                Test". The concrete surface shall be maintained wet with a water spray if
                required, and the covering material replaced immediately on completion of
                sawing and testing and any required surface correction.

     (2) Membrane Curing
              Immediately after the finishing of the pavement has been completed and after
              the free surfacemoisture has disappeared, the pavement shall be sprayed
              uniformlywith a curing compound. Should the film of compound be
              damagedfrom any cause before the

                 expiration of 72 hours after original application, the damaged portions shall be
                 repaired immediately with additional compound. Unless otherwise specified on
                 the plans, membrane curing shall be used when the concrete (except that
                 concrete to be used as a base) is placed with a slipform paver.

J.   PROTECTION OF PAVEMENT & OPENING TO TRAFFIC

     (1) Protection of Pavement
                 The Contractor shall erect and maintain the barricades required by plans and
                 such other standard and approved devices as will exclude pubic traffic and
                 traffic of his employees and agents from the newly placed pavement for the
                 periods of times hereinafter prescribed. Portions of the roadway, or crossings of
                 the roadbed required to be maintained open for use by traffic, shall not be
                 obstructed by the above required barricades. Crossings of the pavement
                 required by plans, or by construction sequence, during the opiate prior to
                 opening to traffic as herein specified, shall be provided with an adequate and
                 substantial bridge, approved by the Engineer.

     (2) Opening Pavement to Traffic
            The pavement shall be closed to all traffic, including vehicles of the Contractor,
            until the concrete is at least 7 days old and has attained a minimum average
            modules of rupture as required under Article 360.4. of these specifications.
            This period of closure to all traffic
            may be extended if, in the opinion of the Engineer, weather or other conditions
            make it advisable to provide an extension of the time of protection.

            At the end of the 7-day period and as long thereafter as ordered by the Engineer
            and, if so desired by the Contractor, the pavement may be opened for use by
            vehicles of the Contractor provided the gross weight (vehicle plus load of such
            vehicles does not exceed 140,000 pounds. Such opening, however, shall in no
            manner relieve the Contractor from his responsibility for the work in
            accordance with Item 7. On those sections of the pavement thus opened to
            traffic, all joints shall first be sealed, the pavement cleaned and earth placed
            against the pavement edges before permitting vehicles thereon.

            After the concrete in any section of pavement is 14 days old, or as long
            thereafter as ordered by the Engineer, such section of pavement may be opened
            to all traffic as required by plans or when so directed by the Engineer. On those
            sections of the pavement edges and all other work performed as required for the
            safety of traffic. Such opening, however, shall in no manner relieve the
            Contractor from his responsibility for the work in accordance with Item 7.

            When high early strength concrete, resulting from the use of Type III cement as
            required by plans or special provisions, is used, the pavement may be opened to
            all traffic after concrete is 7 days old, or as long thereafter as ordered by the
            Engineer, subject to the same provision governing the opening after 14 above
            prescribed.

            Where the Contractor desires to move any equipment not licensed for operation
            on public highways, on or across any pavement opened to traffic, he shall
            protect the pavement from

            all damage by means of two-ply timber mats of 2 inch stock or runways of
            heavier material laid on a layer of earth, all as approved by the Engineer.

(3) Emergency Opening to Traffic
          The Engineer may require the opening of pavement to traffic prior to the
          minimum time specified above under conditions of emergency which in his
          opinion required such action in the interest of the public. In no case shall the
          Engineer order opening of the pavement to the traffic within less than 72 hours
          after the last concrete in the section is placed. The Contractor shall removed all
          obstructing materials, place earth against the pavement edges and perform other
          work involved in providing for the safety of the traffic as required by the

                                      TS-4-75
                 Engineer in ordering emergency opening. Order for emergency opening of the
                 pavement to traffic will be issued by the Engineer in writing.

K.   DEFICIENT PAVEMENT THICKNESS

     Adjustment in unit prices provided for in this article will apply only when measurement for
     payment is by the square yard.

     The pavement shall be constructed in strict conformity with the thickness and typical
     sections shown on the plans. The following rules shall govern for determining pavement
     thickness, and for adjustment of unit prices.
     (1)    The pavement will be cored by the owner prior to final acceptance. Locations of
             core test may be selected by the Engineer; however, the spacing interval for core
             test, as specified herein, is to be maintained. The thickness of the pavement will
             be determined by measurement of the cores in accordance with Test Method Tex-
             424-A.

           For the purpose of establishing an adjusted unit prices for pavement, units to be
           considered separately are defined as approximately 7200 square feet, as delineated
           by joint layout.

           One core will be taken by the Owner at the location selected by the Engineer or at
           random in each unit. When the measurement of the core from any unit is not
           deficient more than 0.2 inch from the plan thickness, full payment will be made.
           When the measurement of the core from any unit is deficient more than 0.2 inch but
           not more than 0.75 inch from the plan thickness two additional cores will be taken
           from the unit and the average of the three core determined. The two additional
           cores unit will be taken at intervals of not less than 300 feet. The two additional
           cores from 1000-square yard unit will be taken at locations such that the pavement in
           the unit will be well represented. If the average measurement of these cores is not
           deficient more than 0.2 inch from the plan cores is deficient more than 0.2 inch but
           not more than 0.75 inch from the plan thickness, an adjusted unit price as provided
           in Subarticle 360.11 (2) will be paid for the areas represented by these cores.

     In calculating the average thickness of the pavement, measurements which are in excess of the specified
             thickness by more than 0.2 inch will be considered as the specified thickness


     plus 0.2 inch, and measurements which are less than the specified thickness by more than 0.75 inch will
             be considered as the specified thickness less 0.75 inch.

                      When the measurement of any core is less than the specified thickness
            by more than 0.75 inch, the actual thickness of the pavement in this area will be
            determined by taking additional cores at 10-foot intervals parallel to the centerline
            in each direction from the deficient core until, in each direction, a core is taken
            which is not deficient by more than 0.75 inch. Exploratory cores are to be used in
            averages for adjusted unit price. Exploratory cores are to be used only to
                    determine the length of pavement in a unit that is to be left in place without pay
                    and/or removed and replaced as provided in Subarticle 360.11(2).

        (2) Price Adjustments.
                   Where the average thickness of pavement is deficient in thickness by more than
                   0.2 inch, but not more than 0.75 inch, payment will be made at an adjusted price
                   as specified in the following table:

                                                Concrete Pavement Deficiency
                                      Deficiency in Thickness            Proportional Part of
                                       Determined by Cores         Contract Price
                                          Inches                     Allowed
                                      0.00 to 0.20                 100 %
                                      0.21 to 0.30                 80 %
                                      0.31 to 0.40                 72 %
                                      0.41 to 0.50                 68 %
                                      0.51 to 0.75                 57 %

                           Any area of pavement found deficient in thickness by more than 0.75 of an inch
                           but not more than one inch or 1/8 of the plan thickness, whichever is greater,
                           shall be evaluated by the Engineer. If, in the judgement of the Engineer, the
                           area of such deficiency warrants removal, the area shall be removed and
                                                      s
                           replaced, at the Contractor' entire expense, with concrete of the thickness
                           shown on the plans.

                           Any area of pavement found deficient in thickness by more than one inch or
                           more than 1/8 of the plan thickness, whichever is greater, shall be removed and
                                                      s
                           replaced, at the Contractor' entire expense, with the concrete of the thickness
                           shown on the plans.

        (3) No additional payment over the contract unit price will be made for any pavement of a
                   thickness exceeding that required by plans.

L. MEASUREMENT
     (1) When provided by the plans, concrete pavement will be measured by the square yard of
         surface area of completed and accepted work. The linear foot will measure integral
         curb.


M. PAYMENT

   The work performed and materials furnished as prescribed by this item and measured as provided under “Measurement: will be paid for at
   the unit price bid for “Concrete Pavement” of the type and depth specified, as required, or the adjusted unit price for pavement of deficient
   thickness as provided under “Deficient Pavement Thickness”, which price shall be full compensation for shaping and fine-grading the
   roadbed, including furnishing and applying all water required; for furnishing, loading and unloading, storing, hauling and handling and



                                                                 TS-4-77
    adjusting forms, including supporting material or preparing track grade; for mixing, curing all concrete; for furnishing and installing all
    reinforcing steel; for furnishing all materials for sealing joints and placing longitudinal, expansion and weakened-plane joints, including all
    steel-dowel caps and load transmission devices required and wire and devices for placing, holding and supporting the steel bars, loading
    steel bars where required by plan and for all manipulations, labor, equipment, appliances, tools and incidentals necessary to complete the
    work.



     Excavation, sprinkling, and rolling required by this item in preparation of the sub-grade and
     back-fill are considered subsidiary.




                                       RECONSTRUCTION OF DRIVEWAYS

A. DESCRIPTION:

Driveways shall consist of asphalt pavement section or Portland Cement concrete as required, constructed on an
      approved sub-grade or foundation material in accordance with these specifications, in conformity with the
      lines and grades established by the Engineer and details shown on the plans.

B. MATERIALS:
   1. Type "A" sand backfill material.
    2. 5” Crushed Limestone: Type “A”, Grade I as specified by “Item 247 Flexible Base” of
       the Texas Highway Department Standard Specifications.
    3. 0.2 gallons per SY Prime Coat shall meet the requirements for Cut-Back Asphalt, MC-30,
       Item 300, “Asphalts, Oils, and Emulsions” of the Texas Highway Department Standard
       Specifications.
    4. 1 ½” Hot Mix Asphaltic Concrete, Type “D” (Fine graded surface course) (Modified).
       The hot mix asphaltic concrete shall conform to the requirements of the Texas State
       Department of Highways and Special Provisions 340-115.
    5. Reinforcing Steel and/or dowel bars-billet steel-ASTM A-15 intermediate grade. When
       shown on the drawings provide.
    6. 4” Concrete with fiber mesh shall be 3,000 psi conforming to the requirement of
       “Reinforced Concrete Structures”, when not shown on the drawings.
    7. Expansion joint material shall be specification pre-molded bituminous expansion joint
       material conforming to ASTM-D-994 (not wood-fiber type). Provide ½” thickness in 6
       inch curb and gutter.
    8. Curing compound resin base ASTMC-309, Type I with light red tint of fugitive dye.



C. CONSTRUCTION METHODS:
  The construction methods shall conform to section 530.3 of SDHPT Standard Specifications
  1982.

D. MEASUREMENT:

  Driveways will be measured by the square foot, completed to limits shown on drawings.

E. PAYMENT:

  Payment will be made at the contract unit price bid per linear foot of curb and gutter and
  square foot of driveway. Payment will include full compensation for all materials required,
  labor, tools, equipment, forms and incidentals to complete the work.




                                                SECTION 02236

                        EXCAVATION AND BACKFILL FOR STRUCTURES


A.      DESCRIPTION

B.      EXCAVATION
       1. General. Excavation shall conform to the lines and grades shown on the plans or as
          directed by the Engineer.
  When trench and/or negative projecting conditions for concrete pipe culverts are required by design, an excavation diagram will be shown
  on the plans. These limits of excavation shall not be exceeded.

             a. Disposal of Excavation. All materials from excavation operations not required for
                backfilling and that are considered satisfactory, may be placed in embankment. All
                excess material or material not satisfactory for use in embankment will become the
                property of the Contractor. All surplus material shall be removed from the work
                site promptly following the completion of the portion of the structure involved and
                disposed of in a manner satisfactory to the Engineer.
                  Whenever excavation is made for installing structures across private property or beyond the limits of the embankment, the
                  top soil removed in the excavation shall be kept separate and replaced, as nearly as feasible, in its original position, and the
                  entire area involved in the construction operations shall be restored to a condition acceptable to the Engineer.

             b. Excavation in Streets. Where structures are installed in streets, highways or other
                paved areas, the work shall include the cutting of pavement and base to neat lines

                                                                TS-4-79
       and the restoration of pavement structure after structural excavation and backfill are
       completed. The type and thickness of replacement materials shall be as shown on
       the plans. Any work done or any damage to base and/or pavement incurred outside
       the limits shown on the plans or authorized by the Engineer, will not be measured
                                                              s
       for payment, but shall be restored at the Contractor' expense. Maintenance and
       control of traffic shall be in accordance with the approved traffic control plan and
       Manual on Uniform Traffic Control Devices.

   c. Protection of Utilities. The Contractor shall conduct his work with a minimum
      disturbance of existing utilities and it shall be his responsibility to coordinate all
      work in or near the utilities with the utility owners. The Contractor shall inform
      utility owners sufficiently in advance of his operations to enable them to identify
      and locate, reroute, provide temporary detours, or to make other adjustments to
      utility lines in order that work may proceed with a minimum of delay. The
      Contractor shall cooperate with all utility owners concerned for any utility
      adjustments necessary.

   d. Removing Old Or Abandoned Structures. When old or abandoned structures or
      foundations are encountered in the excavation, such obstructions shall be removed
      for the full width of the excavation and to a depth of one (1) foot below the bottom
      of the excavation. When old inlets or manholes are encountered and no plan
      provision is made for adjustment or connection to the new structures, such
      manholes and inlets shall be removed completely to a depth one (1) foot below the
      bottom of the excavation. In each instance, the bottom of the excavation shall be
      restored to grade by backfilling and compacting by the methods provided
      hereinafter for backfill. Where the excavation cuts through abandoned sewers,
      these sewers shall be removed as required to clear the new structure and plugged in
      a manner approved by the Engineer.
   e. Dewatering Of Excavation Area. Structures shall not be constructed or laid in the
      presence of water unless approved by the Engineer. Setting of precast members,
      placement of concrete, or pipe placing operations shall be performed on a dry firm
      bed. This shall be accomplished by removal of water from the surface of the bed by
      bailing, pumping, wellpoint installation, deep wells, french drains, or any other
      method approved by the Engineer.


       In the event that the excavation cannot be dewatered to the point where the
       subgrade is free of mud, or it is difficult to keep the reinforcing steel clean in cast-
       in-place structures, a special material shall be used in the bottom of the
       excavation. Such special material shall be a minimum depth of three (3) inches
       and shall consist of a lean concrete mixture (not less than three (3) sacks of
       cement per cubic yard), or other material approved by the Engineer.

2. Bridge Foundations and Retaining Walls. To determine the adequacy of a proposed
   foundation, the Engineer may require the Contractor to make soundings or take cores to
            determine the character of the subgrade materials. The maximum depth of soundings
            or cores will not exceed five (5) feet below the proposed footing grade.

            Care shall be taken not to disturb the material below the bottom of footing grade.
            Backfilling in a foundation to compensate for excavation which has extended below
            grade will not be permitted. Such areas below grade shall be filled with concrete at the
                                                                                                   s
            time the footing is placed. The additional concrete involved shall be at the Contractor'
            expense.

            Unless otherwise required herein or on the plans, rock or other hard foundation material
            shall be free from all loose material, clean, and cut to a firm surface which may be
            level, stepped, or serrated, as directed by the Engineer. All seams shall be cleaned out
            and filled with concrete at the time the footing is placed.
 When the material encountered at footing grade of a retaining wall, bridge bent or pier is found to be partially of rock or incompressible
 material and partially of a compressible material, the foundation shall not be placed until the Engineer has inspected the footing and
 authorized necessary changes to provide a uniform bearing condition.

      3. Culverts. For all single and multiple box culverts, pipe culverts, pipe arch culverts,
         long span structural plate structures, box sewers, and pipe sewers where the soil
         encountered at established footing grade is an unstable or incompressible material, the
         following procedure shall be used unless other methods are called for on the plans:



      4. Trench. Unless otherwise shown on the plans, all sewer pipe structures shall be
         constructed in an open cut with vertical sides to a point one (1) foot above the pipe.
         When site conditions or the plans do not prohibit the sloping of the cut, the excavation
         one (1) foot above the pipe may be stepped and/or the sides laid back to a stable slope.
         Required vertical sides shall be sheeted and braced when necessary to maintain the
         required vertical excavation throughout the construction period.

 For all pipe sewers to be constructed in fill above natural ground, the embankment shall first be constructed to an elevation not less than one
 (1) foot above the top of the pipe, after which excavation for the pipe shall be made as noted above.



            Unstable or incompressible material shall be removed in accordance with Subarticle
            400.2.(3). For unstable trench conditions requiring outside forms, seals, sheeting and
            bracing, or where ground water is encountered, any additional excavation and backfill
                                                    s
            required shall be done at the Contractor' expense for trenches up to five (5) feet in
            depth.

COFFERDAMS
  The term cofferdam designates any temporary or removable structure constructed to hold the
  surrounding earth, water, or both out of the excavation, whether the structure is formed of soil,
  timber, steel, concrete, or a combination of these. The "cofferdam" shall also include the use

                                                               TS-4-81
       of pumping wells or well points used for the same purpose. The cost of cofferdams shall be
       included in the price bid for excavation except where temporary special shoring is shown on
       the plans to provide excavation protection.

       For sheet pile or other types of cofferdams which require internal bracing, the Contractor shall
       submit details and design calculations bearing the seal of a Registered Professional Engineer
       for review. The maximum stresses shall not exceed 125 percent of the working allowable
       stresses used by the Department for the design of structures. The interior dimensions of
       cofferdams shall provide sufficient clearance for the construction, inspection (inside and
       outside), and removal of any required forms and to permit pumping outside the forms. In
       general, sheet pile cofferdams shall extend well below the bottom of the footings and any
       concrete seal and shall be well braced and as watertight as practicable.


When the Engineer judges it to be impractical to dewater a cofferdam and a concrete seal is to be placed around piling
      driven therein, the excavation shall be deep enough to allow for swell of the material during pile driving
      operations. After driving the piling, all swelling material shall be removed to the bottom of the seal grade.
      Where it is possible to dewater the cofferdam without placing a seal, the foundation material shall be removed
      to exact footing grades after piling are driven. Backfilling a foundation to compensate for excavation which
      has been extended below grade will not be permitted. Such areas below grade shall be filled with concrete at
      the time the seals or footings are placed. The additional concrete quantities necessary to compensate for
                                                        s
      excavation below grade shall be at the Contractor' expense.

       Unless otherwise provided, cofferdams shall be removed by the Contractor after the
       completion of the substructure without disturbing or damaging the structure.

  SHAPING AND BEDDING
       For precast pipe and box sections, the excavation shall be undercut a minimum depth
       sufficient to accommodate the class of bedding indicated on the plans and conforming to the
       bedding requirements of this Item. Where cement stabilized backfill is indicated on the plans,
       the excavation shall be undercut a minimum of four (4) inches and backfilled with stabilized
       material to support the pipe at the required grade.


       Three classes of bedding for trench or embankment conditions are shown in Figures 1, 2, and
       3. Bedding shall be in accordance with Class C bedding unless otherwise shown on the plans.
       The Engineer may require the use of a template to secure reasonably accurate shaping of the
       foundation material.

  BACKFILL
       1. General. As soon as practical, all portions of the excavation not occupied by the
          permanent structure shall be backfilled. Backfill material may be obtained from
          excavation or from other sources. Backfill material shall be free from stones of such size
          as to interfere with compaction; free from large lumps which will not break down readily
          under compaction; and free from frozen lumps, wood, or other extraneous material.
   Backfill which will not support any portion of the completed roadbed or embankment shall
   be placed in layers not more than 10 inches in depth (loose measurement). Backfill which
   will support any portion of the roadbed or embankment shall be placed in uniform layers
   not to exceed eight (8) inches in depth (loose measurement). Each layer of backfill shall be
   compacted to a density comparable with the adjacent undisturbed soil or as shown on the
   plans.

   Each layer of backfill material, if dry, shall be wetted uniformly to the moisture content
   required to obtain a density comparable with the adjacent undisturbed soil or as shown on
   the plans and shall be compacted to that density by means of mechanical tamps or
   rammers. The use of rolling equipment of the type generally used in compacting
   embankments will be permitted on portions which are accessible to such equipment.

   When tamping equipment is furnished which, when proven to the satisfaction of the
   Engineer, will adequately compact the backfill material to the density required, the eight
   (8) inch and 10 inch lifts (loose measurement) specified above may be increased to lifts not
   to exceed 12 inches.

   Cohesionless materials, such as sand, may be used for general backfilling purposes.
   Compaction of cohesionless materials shall be done with vibratory equipment, water
   ponding or a combination thereof.
2. Bridge Foundations, Retaining Walls, And Culverts. No backfill shall be placed against
   any structure until the concrete has reached the minimum flexural strength required in Item
   421, "Portland Cement Concrete."

   The material used for backfilling shall be free of any appreciable amount of gravel or stone
   particles more than four (4) inches in greatest dimension and shall be of a gradation that
   permits thorough compaction. The use of rock or gravel mixed with soil will be permitted,
   provided the percentage of fines is sufficient to fill all voids and insure a uniform and
   thoroughly compacted mass of proper density.


    Embankment which is too close to a structure to permit compaction by the use of the
   blading and rolling equipment used on adjoining sections of embankment, shall be placed
   and compacted in accordance with Subarticle 400.5(1). Mechanical tamps or rammers
   shall be required when the structure being backfilled could sustain damage from other
   compacting operations.

   Care shall be taken to prevent any wedging action of backfill against the structure, and the
   slopes bounding the excavation shall be stepped or serrated to prevent such action.
   Backfill placed around piers shall be deposited uniformly.
3. Pipe. After the bedding and pipes have been installed as required, the selected backfill
   materials shall be brought to proper moisture condition, placed along both sides of the pipe

                                         TS-4-83
     equally, in uniform layers not exceeding eight (8) inches in depth (loose measurement),
     and each lift thoroughly compacted mechanically. Special care shall be taken to secure
     thorough compaction of the materials placed under the haunches of the pipe and to prevent
     damage or displacement of the pipe. Filling and/or backfilling shall be continued in this
     manner to the elevation of the top of the pipe. Backfill above the top of the pipe shall be
     placed and compacted in accordance with Subarticle 400.5(1). During construction,
     protection of the pipe shall be in accordance with the pertinent pipe item. Pipe damaged
                                                                                s
     by the Contractor during construction shall be replaced at the Contractor' expense or
     repaired to the satisfaction of the Engineer.


     Where sewers extend beyond the toe of slope of the embankment and the depth of cover
     provided by backfill to the original ground level is less than the minimum required by the
     specifications for the type of pipe involved, additional material shall be placed and
     compacted, as herein specified for backfill outside the limits of the roadbed, until this
     minimum cover has been provided.

CEMENT STABILIZED BACKFILL
  Cement stabilized backfill below the top of sewers, manholes, inlets, or other structures shall
  be placed equally along all sides of the structure so as to prevent strain on or displacement of
  the structure. Cement stabilized backfill shall be placed in a manner that will completely fill
  all voids in the trench. Should compaction be required to fill all voids, hand operated tampers
  may be used.

G. MEASUREMENT
  Excavation and backfill will be measured by the cubic yard. Cutting and restoring of
  pavement will be measured by the square yard.

  This is a plans quantity measurement Item and the quantity to be paid for will be that quantity
  shown in the proposal and on the "Estimate and Quantity" sheet of the contract plans, except
  as may be modified by Article 9.8. If no adjustment of quantities is required, additional
  measurements or calculations will not be required.

  Unless otherwise shown on the plans, structural excavation for pipe headwalls, inlets,
  manholes, culvert widening (extensions) 15 feet or less in length, bridge abutments, retaining
  walls and side road and private entrance pipe culverts will not be measured but shall be
  considered subsidiary to the various bid items.

  For culvert widening (extensive) greater than 15 feet, quantities for structural excavation will
  be shown on the plans.

  Structural excavation will be measured by the cubic yard computed by the method of average
  end areas using the following limits to establish templates for measurement:
  1. For all excavation requiring measurement, except that required for the barrels of pipe
     culverts; for structural plate structures no material outside of vertical planes one (1) foot
    beyond the edges of the footings and parallel thereto will be included, unless otherwise
    shown on the plans. When the plans provide the Contractor the option of cast-in-place or
    precast boxes, measurement will be based on the cast-in-place option.
2. For pipes 42 inches or less in nominal or equivalent diameter, no material outside of
   vertical planes one (1) foot beyond the horizontal projection of the outside surfaces of the
   pipe and parallel thereto will be included. For pipes more than 42 inches in nominal or
   equivalent diameter, no material outside of vertical planes located two (2) feet beyond the
   horizontal projection of the outside surfaces of the pipe and parallel thereto will be
   included. Excavation for pipes shall be measured between the extreme ends of the
   completed structure, including any end appurtenances, as shown on the plans and from
   centerline to centerline of inlets, manholes, etc., therein. When excavation for
   appurtenances is measured for payment, the limits of excavation for the pipes shall not
   overlap those of the appurtenances.
3. For structural plate structures no material outside of vertical planes three (3) feet beyond
   the horizontal projection of the outside surfaces of the structure(s) and parallel thereto will
   be included. When the quality of the existing soil or embankment is less than that of the
   proposed backfill material, the excavation shall be extended for measurement to vertical
   planes located at one-half of the span beyond the horizontal projection of the outside
   surfaces of the structure(s) and parallel thereto.
4. If a cofferdam is used, the limitations of Subarticle 400.7.(1) shall apply just as if no
   cofferdam were used. Excavation quantities for foundations shown on the plans and in the
   proposal where cofferdams are required shall be considered as final quantities and no
   further measurement will be made.

5. Where excavation, in addition to that allowed for the footings, is required for other
   portions of the structure, such as for the cap, cross strut, or tie beam of a pier or bent or for
   the superstructure, measurement for such additional excavation will be limited laterally by
   vertical planes one (1) foot beyond the face of the member and parallel thereto and
   vertically to a depth of one (1) foot below the bottom of such member.

6. No measurement will be made of any excavation necessary for placing forms or falsework
   except as allowed by the above conditions.
7. At all structure sites except at culverts and trench excavations, the measurement of
   structural excavation will include only material below or outside the limits of the
   completed road or channel excavation.

    Trench excavation in fill above natural ground, as specified in Subarticle 400.2.(4), will be
    measured for payment. Quantities will include that area as specified in Subarticle
    400.7.(2) plus one (1) foot above the top of the pipe, regardless of the height of fill
    previously made.

8. Excavation required for shaping the slopes of header banks which were built by prior
   contract and upon which riprap is to be placed will be measured as "Structural Excavation,
   (Riprap)."


                                           TS-4-85
  9. For all culverts, except for side road and private entrance culverts, all excavation within
     the limits of the structure and below or outside the limits of the completed roadway
     excavation, will be measured as culvert excavation. Where the overall normal width of the
     culvert is 12 feet or less, measurement will be as "Structural Excavation, Culvert, Small."
     Where the overall normal width of the culvert exceeds 12 feet, measurement will be as
     "Structural Excavation, Culvert, Large."

  10. Where excavation diagrams are shown on the plans, they shall take precedence over these
      provisions.

  11. Measurement will not include materials removed below footing grades to compensate for
      anticipated swelling due to pile driving, nor will it include material required to be removed
      due to swelling beyond the specified limits during pile driving operations.

  12. Measurement will not include additional volume caused by slips, slides, cave-ins, silting,
                                                                                  s
      or fill material resulting from the action of the elements or the Contractor' operation.

  13. Where rock, or other incompressible or unstable material is undercut to provide a suitable
      foundation for pipe or box sections, such material below grade, which is directed by the
      Engineer to be removed, will be measured for payment.

  14. No allowance will be made for any variance from plan quantity incurred by an alternate
      bid.

  15. Additional measurement will be made of the volume of excavation involved in the
      lowering or raising of the elevation of a footing, foundation, or structure unit, when such
      grade change is authorized by the Engineer.

  16. Cement stabilized backfill will be measured in accordance with the backfill diagram
      shown on the plans. The quantity of "Cement Stabilized Backfill" shown on the plans
      shall be considered as final quantities and no further measurement will be required.
      Changes in alignment or grade as authorized by the Engineer will be measured for
      payment.

  17. The work to be done in the cutting and restoring of pavement will be measured in
      accordance with the dimensions shown on the plans. The excavation below the pavement
      and/or base shall be measured as structural excavation of the pertinent type.

PAYMENT
  Payment for removal and replacement of unstable or incompressible material below the
  footing grades of culverts as provided for in Subarticle 400.2.(3) will be made as follows:


  Where special materials are not required or specified, payment for the removal and
  replacement of unstable and/or incompressible material will be made at a price equal to 200
  percent of the unit price bid per cubic yard for "Structural Excavation" of the pertinent type.
  This price shall be full compensation for removing the unstable or incompressible material,
  furnishing, hauling, placing and compacting suitable replacement material and for all labor,
  equipment, tools, and incidentals necessary to complete the work.
If no direct method of payment is provided in the contract for culvert excavation and no
special materials are required or specified, the removal and replacement of unstable or
incompressible material, when such work is authorized by the Engineer, will be measured and
paid for at fifteen dollars ($15.00) per cubic yard.

Should the Engineer deem it necessary to lower a bridge foundation to an elevation below the
grade shown on the plans, such over excavation below plan will be paid for as "Structural
Excavation" at an adjusted unit price as defined herein. Payment will be made at a unit price
equal to 115 percent of the contract unit price bid for all over excavation where the revised
footing grade does not vary from plan grade by more than five (5) feet.

Payment will be made at a unit price of 125 percent of the contract unit price bid for all over
excavation where the revised grade varies from plan grade by more than five (5) feet but not in
excess of 10 feet. In cases where the revised footing grade varies from plan grade by more
than 10 feet, a supplemental agreement shall be prepared to establish a unit price with which
to make payment for the over excavation.

No direct payment will be made for backfilling around structures. Payment for the backfilling
and compacting of areas which were removed as structural excavation shall be included in the
unit price bid for "Structural Excavation."

Unless otherwise shown on the plans, structural excavation which has been completed to the
satisfaction of the Engineer, but not backfilled, a partial payment of 50 percent of the price bid
will be made. The remaining amount will be paid upon the satisfactory completion of the
backfilling.

This price shall be full compensation for all excavation, bedding, and backfill including
placing, sprinkling and compaction of material; all soundings; cleaning and filling seams;
constructing all cofferdams; all dewatering; and for furnishing all materials, hauling, labor,
equipment, tools, sheeting and/or bracing of excavations up to and including five (5) feet in
depth, pumps, drills, explosives, disposition of surplus material, cutting pavement and base to
neat lines; and for incidentals necessary to complete the work, except that protection methods
for excavations greater than five (5) feet in depth shall be measured and paid for as required
under Item 402, "Trench Excavation Protection" or Item 403, "Temporary Special Shoring."




                                          TS-4-87
                                            REINFORCED CONCRETE PIPE
                                              (Based on SDBPT ITEM 464)

A. DESCRIPTION:

     This item shall consist of concrete pipe of the types, classes, sizes and dimensions required on the plans, furnished and installed at such
     places as are designated on the plans and profiles, or by the Engineer in accordance with these specifications and in conformity with the
     lines and grades on the plans or as directed by the Engineer.



B. MATERIALS:

     1. General: The pipe shall be of the type, size and class called for on the plans or in the
        proposal, and shall be in accordance with the following appropriate requirements. When
        the plans or proposal permit a choice of pipe; the Contractor shall indicate in the bid the
        type of pipe proposed to be furnished.

     2. Reinforced Concrete Pipe: Conform to ASTM Specification C76.

     3. Cold Applied, Plastic Asphalt Sewer Joint Compound: All jointing material shall be
        "Talcote"cold plastic sewer joint compound No. 052 as manufactured by American
        Petrotina, Dallas, Texas, or approved equal. Primer shall be "Talcote" asphalt primer No.
        041 or approved equal. A single gasket of "Ram-Nek'       plastic joint material applied in
                                       s
        accordance with manufacturer' recommendations will be accepted as equal.

     4. Mortar: Mortar for pipe joints and connections to other structures shall be composed of
        one part by volume of Portland Cement and two parts of mortar sand. The Portland
        cement shall conform to the requirements of ASTM Specification C-150, Type 1. The
        sand shall conform to the requirements of AASHO Specification M-45. Hydrated lime
        may be added to the mixture of sand and cement in amount equal to 15% of weight of
        cement used.

     5. Rubber Joint Pipe: Rubber joint pipe shall be of the bell and spigot type with the adjacent
        surfaces of the bell and spigot parallel to the axis of the pipe. The dimensions within a
        tolerance of 1/32 inch plus or minus. The annular space shall be properly designed to
        compress the rubber gasket to form a watertight seal when the joints are forced together.

     6. Rubber Gasket: The rubber gasket shall be a round rubber ring seated in a shallow groove
        provided in the spigot to hold the ring in place.

C.      CONSTRUCTION NETHODS:

     1. Equipment: All equipment necessary, and required for the proper construction of pipe
        lines shall be on the project in first class working condition approved by the Engineer
        before construction is permitted to start. The Contractor shall provide hoisting equipment
        to handle the pipe in unloading and placing it in its final positions without damage to the
        pipe.
   The Contractor shall provide such hand tampers and pneumatic tampers to obtain the
   compaction of the pipe bed and the backfill as specified.

2. Excavation: The Contractor shall do all excavation to the depth shown on the plan.
   Excavated material not required or acceptable for backfill shall be disposed of by the
   Contractor as directed by the Engineer. Excavation shall not be carried below the
                                                                              s
   required depth; when this is done, trench shall be backfilled at Contractor' expense with
   sand or other granular material approved by Engineer and adequately compacted so as to
   provide a stable foundation for the pipe.

   When so directed by the Engineer, unstable soil shall be removed for the full width of the
   trench and replaced with sand or other approved granular material and shaped to form the
   bed for the pipe.

   The depth of cut shown on the plans is to the invert of the pipeline.

   The trench shall be excavated accurately to the established line and grade and the bed for
   the pipe shaped so that at least with the lower 1/6 of the pipe shall be in continuous
   contact with the bottom of the trench.

   Spaces for pipe bell shall be accurately excavated to size so that the barrel supports the
   entire weight of the pipe.

   The Contractor shall do such trench bracing, sheathing, or shoring necessary to perform
   and protect the excavation, also as required for safety and to conform to governing laws.

   The cost of dewatering, if necessary, bracing, sheathing and shoring and the removal of
   same shall be included in the unit price bid per linear foot of pipe.

                                                                                   s
3. Laying and Installing Pipe: The Contractor shall provide the necessary mason' lines and
   supports to insure installation of the pipe to line and grade, as staked by the Engineer.
                   s
   The Contractor' facilities for lowering the pipe into the trench shall be such that neither
   the pipe nor the trench will be damaged or disturbed.

   The Engineer shall inspect all pipes before it is laid, and reject any section that is
   damaged by handling or is found to be defective to a degree which will materially affect
   the function and services of the pipe.

   The laying of the pipe in the finished trench shall be started at the lowest point and
   proceed upgrade. When bell and spigot pipe is used the bell shall be laid upgrade. If
   tongue and groove pipe is used, the groove end shall be laid upgrade.
   The pipe shall be firmly and accurately set to line and grade so that the invert will be
   smooth and uniform. The pipe shall be protected from water during placing and until the
   mortar in the joints has thoroughly set.

                                         TS-4-89
     When placing concrete pipe constructed with elliptical reinforcing, the pipe shall be
                                                 s
     oriented in accordance with the manufacturer' marking of top or bottom.

     The upgrade end of pipe lines not terminating in a structure shall be plugged with a cap
     or plug approved by the Engineer.

     Pipe which is not true in alignment, or which shows any settlement after laying, shall be
     taken up and re-laid without extra compensation.

4.   Pipe- Joints:

     Mortar Joints shall be made as follows:
     All pipe shall be carefully laid, bell or groove end upgrade, spigot or tongue end fully
     entered into adjacent hub, with inner surface of abutting pipes flush and even and true to
     lines and grades given.

     The joints of the concrete pipe shall be caulked and filled with specified mortar. Joints of
     concrete pipe shall thoroughly wet before making the joint. The lower portion of the bell
     or groove of the pipe in place and the upper portion of the spigot or tongue of the
     succeeding pipe shall be fined with mortar so that when the spigot or tongue end is fully
     entered into the hub end. The mortar will be squeezed evenly into the joint. After the
     pipe is laid, mortar shall be added as required to completely fill the joint inside and out,
     wiped and finished smooth with the surface of the pipe. Particular care shall be taken
     that the joint inside is smooth and flush with the inside surface of the pipe. After the
     initial set, the mortar on the outside shall be protected from the air and sun with a cover
     of thoroughly wetted earth or burlap, or sheet plastic. Joints for irrigation pipelines shall
     be banded on the outside.

     Joints using Cold Applied Plastic Asphalt Sewer joint compound shall be made as
     follows:
     Both ends of the pipes shall be clean and dry and shall be coated with a suitable primer of
     the type recommended by the manufacturer. After the pipe has been set to proper line
     and grade in the trench, a one-half of an inch thick layer of the compound shall be
     troweled or otherwise placed on the groove end of the pipe covering not less than two-
     thirds of the joint face around the entire circumference. Next the tongue end of the next
     pipe shall be shoved home with sufficient pressure to make a tight joint. After the joint is
     made any excess mastic projecting into the pipe shall be removed. Backfilling of pipe
     laid with asphalt mastic joints may proceed as soon as the joint has been inspected and
     approved by the Engineer. Special precautions shall be taken in placing and compacting
     backfill to avoid damage to the joints.

     Rubber joints shall be made as follows:
     Round rubber ring gaskets shall be installed by forcing the spigot of each pipe section
     (with gasket in place) into the bell of the previously laid pipe with an approved pulling
     device that will force the sections smoothly so that the gasket is properly seated and
   compressed. The bell and spigot shall be lubricated with flax soap lubricant before
   sections are forced together. It shall be the prime requirement that the completed line
   have watertight joints throughout. The method of pulling the joints together shall be such
   as to avoid disturbing the previously laid sections of pipe, or allowing the rubber gaskets
   to lose compression.

5. Open Joints. Open joints for under drains or sub drains shall be made by butting pipes
   tightly together without mortar. The top three-fourths of the joint shall be protected by
   covering with mortar or roofing felt or as specified in the plans.

6. Backfilling: -All trenches and excavations shall be backfilled in a reasonable time after
   the pipes are installed therein unless other protection of the pipe is directed by the
   Engineer. The backfill shall be approved by the Engineer. Backfill material containing
   stones or rock exceeding three (3) inches in diameter shall not be used adjacent to the
   pipe or until the fill over the top of the pipe exceeds one (1) foot. Backfill material
   containing rock three (3) inches in diameter or larger shall not be used in trenches under
   paved areas. Special care shall be taken in placing the backfill. Great care shall be used
   to obtain thorough compaction under the haunches and along the sides to the top of the
   pipe.

   The backfill shall be placed by hand in loose layers not to exceed six (6) inches in depth
   under and around the pipe and thoroughly compacted to the density of the surrounding
   earth until a cover of not less than twelve (12) inches over the pipe is attained. The
   remainder of the backfill may be placed by machine or other approved methods as
   follows:

7. Under pave areas and driveways: The backfill shall be placed in loose layers not
   exceeding six (6) inches in depth and compacted to the density of the surrounding earth
   or in case, not less than 90% density as determined by AASHTO Test Method T-99 up to
   a point nine (9) inches below sub grade surface.

   The top nine (9) inches of sub grade shall be compacted to 95% density.

8. In unpaved areas- Backfill shall be placed in layers and controlled moisture added when
   so directed and shall be compacted to that density which will prevent caving of trench
   walls and will prevent excessive settling of backfill. Backfill shall be shaped neatly in a
   mound over the immediate area of the trench to a height six (6) inches above normal
   ground so that when completely settled, the area of the trench will be leveled with normal
   ground. Where trenches are adjacent to curbs, pavement, walks or other structures, care
   shall be taken to obtain that compaction necessary to prevent cave-in and subsequent
   damage to said curbs and structures.

   Water tamping or flooding will be permitted in unpaved areas unless otherwise directed
   by the Engineer.

                                        TS-4-91
      9. Connections: Where the plans call for connections to existing or proposed structures,
         these connections shall be watertight and so made that a smooth uniform flow line win be
         obtained throughout the drainage system.

      10. Cleaning and Restoration of Site: After the backfill is completed, the Contractor shall
          immediately dispose of all material, dirt and rubbish from the site. The Contractor shall
          restore all disturbed areas to their original condition.

         After all work is completed, the Contractor shall remove all tools and other equipment
         used by him, leaving the entire site free, clear and in good condition.

         Performance of work described in this section shall not be paid for directly, but shall be
         considered as a subsidiary obligation of the contractor, covered under the contract unit
         price for pipe.

      11. Inspection: Prior to final approval of the pipeline the Engineer, accompanied by the
                     s
          Contractor' representative, shall make a thorough inspection, by an appropriate method,
          of the entire installation. Any indication of defects in material or workmanship or
          obstruction to flow in the pipe system shall be further investigated and corrected as
                                                        s
          necessary. Defects due to the Contractor' negligence shall be corrected by the
          Contractor without additional compensation, and as directed by the Engineer.

 D.      METHOD OF MEASUREMENT:

The footage of pipe to be paid for shall be the number of linear feet of pipe in place to the depth specified,
       completed and approve; measured along the centerline of the pipe from end or inside face of structure, to
       end or inside face of structure, whichever is applicable. The several classes, types, and sizes shall be
       measured separately. AU fittings shall be included in the footage as typical pipe sections in the pipe line
       being measured.

 E.      METHOD OF PAYMENT:

         The footage of pipe, measured as provided under "Method of Measurement" shall be paid
         for at the contract unit price per linear foot for "RCP Pipe" of the several classes, types,
         sizes and depths, which price and payment shall constitute full compensation for
         furnishing, hauling and installing the pipe; for common excavation; for dewatering; for
         backfill and compaction; for jointing; for connections to structures; and for all material,
         labor, equipment, tools and incidentals necessary to complete the pipe as shown on the
         plans, but shall not constitute payment for manholes, catch basins, inlets, inspection
         holes, or headwalls, the payment for which is provided for as separate items.
                       MANHOLES AND INLETS

        465.1. Description. This Item shall govern for the construction of manholes and inlets, complete in place or to
the stage detailed on the plans, and in accordance with this Item, including furnishing and installing frames, grates,
rings and covers. Drainage junction boxes will be classified as manholes.

        Unless otherwise shown on the plans, the Contractor may furnish precast manholes, inlets, risers and/or
appurtenances. Alternate designs acceptable to the Engineer may be utilized for precast construction of manholes and
inlets. These units shall be designed by and the drawings shall bear the seal of a Registered Professional Engineer and
shall not deviate from the functional dimensions shown on the plans.

       465.2. Materials. All materials shall conform to the pertinent requirements of the following items:

       Item 420, "Concrete Structures"
       Item 421, "Portland Cement Concrete"
       Item 440, "Reinforcing Steel"
       Item 442, "Metal for Structures"
       Item 471, "Frames, Grates, Rings, and Covers"

       (1) Concrete. Concrete for manholes and inlets shall be Class "A" unless otherwise shown on the plans.
Concrete for precast manholes and inlets shall be in accordance with ASTM C478 or Class "A".


        (2) Mortar. Mortar shall be composed of one part portland cement and two parts clean sand. Hydrated lime
or lime putty may be added to the mix but in no case shall it exceed 10 percent by weight of the total dry mix.

        (3) Brick. Bricks shall be of first quality, sound, hard-burned, perfectly shaped brick. Shale bricks, if used,
shall be homogeneous, thoroughly and uniformly burned. Bricks shall not absorb more than 16 percent of water by
weight when submerged in water for 24 hours, having been in a completely dry state prior to placing in water. Clay
brick shall conform to the requirements of ASTM C32, Grade MS or MM. Concrete brick meeting the requirements of
ASTM C55, Type I (Grade S-I), shall be acceptable.




                                                       TS-4-93
        (4) Concrete Blocks. Concrete blocks when shown on the plans shall conform to the requirements of ASTM
C139.

        (5) Cast Iron or Aluminum. Cast iron for supports, steps and inlet units shall conform to the shape and
dimensions shown on the plans. The castings shall be clean, free from sand or blow holes, or other defects. Cast iron
castings shall conform to the requirements of "Gray Iron Castings", ASTM A48, Class 30. Steps may be either cast
iron conforming to the requirements of "Gray Iron Castings", ASTM A48, Class 30, or "Ductile Iron Castings"
conforming to ASTM A536, Grade 65-45-12, or aluminum conforming to the requirements of ASTM B221, Alloy
6005-T5.

       (6) Timber. Timber for temporary covers when used with Stage I Construction shall be sound, new or used
timber of minimum three (3) inch nominal thickness, reasonably free of knots and warps.

       (7) Other Materials. Commercial type hardware of other mate-rials may be used with prior approval of the
Engineer.

       465.3. Steps. When steps are required by the plans they shall conform to ASTM C478 Article, "Manhole
Steps and Ladders".


465.4. Types. The various types of manholes and inlets are designated on the plans by letters or by numbers indicating
the particular design of each. Each type shall be constructed in accordance with the details shown on the plans and to
the depth required by the profile and schedules given.


         465.5. Stages of Construction. All types of manholes and inlets may be built either complete in one stage or
in two stages hereinafter described as Stage I Construction and Stage II Construction. Manholes and inlets designed to
match the final roadway surface shall be built in stages and Stage II shall be constructed after the pavement structure is
complete, unless otherwise approved by the Engineer.
         Stage I Construction shall consist of that portion of manholes and inlets designated on the plans or as specified
in this Item. Stage I Construction shall include the furnishing and installation of a temporary cover as approved by the
Engineer for both manholes and inlets and the required manhole steps in accordance with the details shown on the
plans.
         For cast iron or steel inlet units, Stage I Construction shall consist of furnishing and installing the sewer pipe
from the storm sewer to a point below the top of curb as indicated on the plans including the furnishing and installation
of a temporary plug for the exposed end of the sewer pipe.

       Stage II Construction shall consist of that portion of the complete manhole or inlet not covered under Stage I.
This shall include the remaining wall height and top of manhole or inlet including the furnishing and installation of
frames, grates, rings and covers, manhole steps, curb beams and/or collecting basins as shown on the plans.

        465.6. Construction Methods.

        (1) General. All concrete work shall be performed in accordance with the requirements of Item 420,
"Concrete Structures", or Item 424, "Precast Concrete Structures (Fabrication)", or ASTM C478, unless otherwise
specified. Forms will be required for all concrete walls. Outside wall forms may be omitted with the approval of the
Engineer if the surrounding material can be trimmed to a smooth vertical face. The outside form for concrete bases
supporting brick walls may be omitted. Where brick is used in wall construction, steps shall be mortared into the joints
as shown on the plans. Where concrete is used in wall construction, the steps shall be cast into the wall when the
concrete is placed. All brick work shall be laid in a full bed of mortar in such a manner as will thoroughly bond them
into the mortar. Joints shall be full mortar joints and shall be not more than 1/2 inch wide. Every fifth course of brick
shall be a header course or bond course with the long axis of such course laid perpendicular to the long axis of the
preceding four courses.
         (2) Manholes and Inlets for Precast Concrete Pipe Sewers. The construction of manholes and inlets for
precast concrete pipe sewers shall be done as soon as is practicable after sewer lines into or through the manhole or
inlet locations are completed. All sewers shall be cut neatly at the inside face of the walls of the manhole or inlet and
pointed up with mortar.

       (3) Manholes and Inlets for Monolithic Pipe Sewers. Bases for manholes and inlets on monolithic pipe
                                                                    s
sewers may be placed monolithic with the sewer or, at the Contractor' option, may be placed after the sewer is
constructed.

        (4) Manholes for Box Sewers. Bases for manholes for box sewers shall be cast as an integral part of the
sewer. The manholes may be constructed prior to backfilling or, if the Contractor so elects, the manhole opening may
be covered temporarily, as approved by the Engineer, to facilitate the compaction of backfill for the sewer as a whole
with tractor equipment. Thereafter, required excavation for the manhole shall be made and the manhole constructed
and backfilled in accordance with the plans. Manholes for box sewers shall include all manhole steps required in the
wall of the sewer
        (5) Inverts. The inverts passing out or through the manhole or inlet shall be shaped and routed across the floor
of the manhole or inlet as shown on the plans. This shaping may be accomplished by adding and shaping mortar or
concrete after the base is cast or by placing the required additional material with the base.

       (6) Finishing Complete Manholes and Inlets. Manholes and inlets shall be completed in accordance with the
plans. Backfilling to original ground elevation shall be in accordance with the provisions of Item 400, "Excavation and
Backfill for Structures".

        (7) Finishing Stage I Construction. Stage I Construction shall be completed by constructing the walls to the
elevations shown on the plans and backfilling to required elevations in accordance with the requirements of Item 400,
"Excavation and Backfill for Structures".

        (8) Stage II Construction. Subgrade and base course or concrete pavement construction shall be completed
over manholes or inlets constructed as provided for in Stage I, unless otherwise approved by the
Engineer. Stage II Construction of manholes or inlets shall consist therefore of excavating to expose the top of Stage I
Construction and completing the manhole or inlet in accordance with the plans and these specifications, including
backfill and cleaning of all debris from the bottom of the manhole or inlet.

        (9) Inlet Units. Cast iron or steel inlet units shall be installed in conjunction with the construction of concrete
curb and gutter. Prior to placing concrete for curb and gutter, the inlet units shall be set securely in position. Openings
for the inlets and recesses in curb and gutter, as shown on the plans, shall be formed in conjunction with the curb and
gutter forms. Concrete for curb and gutter adjacent to the inlets shall be placed using care to secure thoroughly
consolidated concrete around the inlet castings and formed openings and recesses without displacement of the inlet
units in the forms.

        465.7. Measurement. All manholes and inlets satisfactorily com- pleted in accordance with the plans and
specifications will be measured by each manhole or inlet, complete, or by each manhole or inlet completed to the stage
of construction required by the plans.
        Extension to inlets will be measured by each extension separately from the inlet.

       465.8. Payment. The work performed and materials furnished in accordance with this Item and measured as
provided under "Measurement" will be paid for as follows:




                                                        TS-4-95
      (1) Manholes Complete. Payment for complete manholes will be made at the unit price bid for each
"Manhole (Complete)", of the type specified.

        (2) Inlets Complete. Payment for inlets will be made at the unit price bid for each "Inlet (Complete)", or
"Inlet Unit", of the type specified. Payment for inlets with extensions of the length shown on the plans and measured as
prescribed above shall be made at the unit price bid for each "Inlet Extension".

        (3) Manholes Stage I. Payment for Manholes, Stage I will be made at the unit price bid for each "Manhole
(Stage I)", of the type specified.

(4) Manholes Stage II. Payment for Manholes, Stage II will be made at the unit price bid for each "Manhole (Stage
II)", of the type specified.

        (5) Inlets Stage I. Payment for Inlets, Stage I will be made at the unit price bid for each "Inlet (Stage I)", of
the type specified.

        (6) Inlets Stage II. Payment for Inlets, Stage II will be made at the unit price bid for each "Inlet (Stage II)", of
the type specified.

        Payments as provided above shall be full compensation for furnishing all concrete, reinforcing steel, brick,
mortar, aluminum and castings, frames, grates, rings and covers, excavation and backfill and for all other materials,
tools, equipment and incidentals, required to complete the work.




                                                 SECTION 02221

       EXCAVATING, BACKFILLING AND COMPACTING FOR UTILITIES (CIVIL)


PART 1 - GENERAL

1.1 RELATED DOCUMENTS:

       A.     Drawings and general provisions of the Contract, including General and
              Supplementary Conditions and Division 1 Specification Sections, apply to this
              Section.

1.2 SECTION INCLUDES:
   A.   Excavating, trenching, backfilling and compacting for water distribution mains,
        sanitary sewers, manholes and other utility systems and appurtenances, and
        the disposal of excess excavated material.

1.3 RELATED SECTIONS:

   A.   Excavation, Backfill and Grading for Site Work Outside of Building.
   B.   Excavating, backfilling and compacting for pavement.
   C.   Cement sand backfill.
   D.   Water main.
   E.   Sanitary sewerage.

1.4 REFERENCES:

   A.   ASTM C33 - Grading Requirements for Coarse Aggregates.
   B.   ASTM D4318 - Test for Liquid Limit, Plastic Limit and Plasticity Index of Soils.
   C.   ASTM D698 - Moisture-Density Relations of Soils.

1.5 PROTECTION OR REMOVAL OF UTILITY LINES:

   A.   The Contractor shall anticipate all underground obstructions such as, but not
        limited to, water mains, gas lines, storm and sanitary sewers, telephone or
        electric light or power ducts, concrete, and debris. Any such lines or
        obstructions indicated on the Drawings show only the approximate locations
        and shall be verified in the field by the Contractor. The Engineer will
        endeavor to familiarize the Contractor with all known utilities and obstructions,
        but this shall not relieve the Contractor from full responsibility in anticipating
        all underground obstructions whether or not shown on the Drawings.
   B.   The Contractor shall, at his own expense, maintain in proper working order
        and without interruption of service all existing utilities and services which may
        be encountered in the work, except that with the consent of the Architect,
        Utility Owner and Owner, such service connections may be temporarily
        interrupted to permit the Contractor to remove designated lines or to make
        temporary changes in the locations thereof as will aid in the completion of the
        work and at the same time maintain service to the property so originally
        benefited. The cost of making any temporary changes shall be at the
                    s
        Contractor' expense.
   C.   Before starting construction, the Contractor shall notify all utility companies
        involved to have their utilities located and marked in the field.               All
        underground utilities shall then be uncovered to verify location and elevation
        before construction begins. The Contractor shall obtain all necessary
        permits.



                                        TS-4-97
PART 2 - PRODUCTS

2.1 EARTH BACKFILL:

      A.    Earth Backfill shall be free of lumps, stones, trash and spongy or otherwise
            objectionable material, inclusive of materials with a plasticity between 7 and
            20 percent, as approved. Approved backfill material may be from the
            excavation or borrowed.

2.2 CEMENT SAND BACKFILL:

A. Prepare cement-sand backfill as specified in Section “Cement Sand Backfill”.

2.3 SAND:

      A.    Use sand that is free from clay lumps, organic and other deleterious material,
            and having a plasticity index of not less than 4 or greater than 12, as
            determined by ASTM D424.

2.4 CRUSHED ROCK:

      A.    Provide durable crushed rock free of clay lumps, organic or other deleterious
            material. Crushed rock size shall meet gradation requirement criteria of
            TxDOT Item 247, Ty A, Grade 1-5.


PART 3 - EXECUTION

3.1 EXAMINATION AND PREPARATION:

      A.    Examine utility routes and coordinate excavation work to eliminate installation
            conflicts.
      B.    Allow room for stockpiling excavated material and utility construction material
            during utility construction.

3.2 TRENCH EXCAVATION:

      A.    Procedure: Excavate to indicated or specified depths.
            1. Excavate by open cut, unless directed otherwise.
            2. Do not use excavated material composed of rocks, chunks or clods
                larger than 6-inches for backfill. Dispose of such material and provide
                other suitable material for backfill without additional expense.
            3. During excavation, stock pile material suitable for backfilling in an orderly
                manner far enough from the bank of the trench to avoid overloading,
                slides or cave-ins.
            4. Grade as necessary to prevent surface water from flowing into trenches
                or other excavations.
     5.   Cut banks of trench as nearly vertical as practical. Remove stones as
          necessary to avoid point-bearing. Over-excavate wet or unstable soil
          from the trench bottom to permit construction of a more stable bed for
          pipe. Over excavation shall be filled and tamped with clean dry sand or
          other approved material to the required grade.
     6. Dig the trench the proper width as shown. If the trench width below the
          top of pipe is wider than specified in this Section or shown on Drawings,
          then install additional approved material. No additional payment will be
          made.
     7. Accurately grade the trench bottom to provide proper bedding as
          required for pipe installation.
     8. If any excavation is carried beyond the lines and grades required or
          authorized, the Contractor shall, at his own expense, fill such space with
          concrete or other approved material. No additional payment will be
          made.
                               s
     9. At the Contractor' option, the entire width of the utility corridor may be
          opened, utilities placed and backfilled as a unit. Contractor may elect to
          install each utility in a separate trench. No additional payment shall be
          made for selecting either option.
B.   Sheeting and Bracing: Install sheeting and bracing necessary to support the
     sides of trenches and other excavations with vertical sides, as specified in
     contract documents.
C.   Pipe Zone: The pipe zone is defined as including the pipe bedding, backfill to
     one-half the pipe diameter (the springline) and the initial backfill to 12 inches
     above the top of the pipe.
     1. Wastewater Bedding : Accurately grade the bottom of the trench 6
          inches below the bottom of the pipe and limit clear space on either side
          of the pipe to 12 inches at and below the top of the pipe or as specified.
          Place a minimum of 6 inches of crushed rock up to the flow line of the
          pipe or above before pipe is laid. Install pipe and place additional
          crushed rock around the pipe and to the springline of the pipe. Lightly
          compact the crushed rock by tamping with mechanical tamper.
          Complete bedding with crushed stone to 12-inches above the top of the
          pipe. Crushed rock shall conform to size and gradation specified in
          Article 2.4 above.
     2. Water Bedding : Accurately grade the bottom of the trench 6 inches
          below the bottom of the pipe and limit clear space on either side of the
          pipe to 12 inches at and below the top of the pipe or as specified. Place
          a minimum of 6 inches of crushed rock up to the flow line of the pipe or
          above before pipe is laid. Install pipe and place additional crushed rock
          around the pipe and to the springline of the pipe. Lightly compact the
          crushed rock by tamping with mechanical tamper. Complete bedding
          with fine grained material to 12-inches above the top of the pipe.


                                    TS-4-99
               Crushed rock shall conform to size and gradation specified in Article 2.4
               above.
    D.   Water in Excavation: Keep work free from ground or surface water at all
         times. Provide pumps of adequate capacity or other approved method to
         remove water from the excavation in such a manner that it will not interfere
         with the progress of the work or the proper placing of other work. Ground or
         surface water will not be allowed to drain into or be pumped into an existing
         sanitary sewer system. If the work includes connection to an existing sanitary
         sewer, a temporary water-tight plug shall be installed and maintained within
         the pipe for the duration of the contract and bedding material interrupted in a
         manner approved by the Architect to isolate new construction from the
         existing system.
    E.   Do not endanger spread footings with trench excavations.                Trench
         excavations shall not encroach within the area below a footing defined by a
         1:1 slope away from the bottom corner of any footing.
    F.   3-inches to 6-inches wide, colored marker tape shall be placed in trench
         above pipe 36-inches +. Marker tap face shall indicate utility type in writing.
         Marker tape shall be approved prior to placement.

3.3 UTILITY INSTALLATION:

    A.   Sanitary Sewers: Limit clear space on either side of the pipe to 12 inches at
         and below the top of the pipe or as specified. Above the pipe, cut as wide as
         necessary to sheet and brace and properly perform the work. Provide
         bedding as specified in Article 3.2, Section C.1, above. Install piping and
         appurtenances as specified in Section 02730 - Sanitary Sewerage.
    B.   Water Supply and Distribution Lines: Grade trenches to avoid high points
         requiring vacuum and relief valves in water lines. Provide a minimum cover
         over the top of the pipe as indicated on the Drawings. Avoid interference of
         water lines with other utilities. Provide bedding as specified in Article 3.2,
         Section C.2, above. Install piping and appurtenances as specified in plans.
    C.   Gas Distribution Lines: Provide cover over the top of the pipe as indicated on
         the Drawings. Avoid interference with other utilities. Install piping as
         specified in specification section for Natural Gas Distribution System.
    D.   Electrical and Telephone System: Trench banks for concrete duct lines need
         not be kept vertical but may be sloped or widened to such general limits as
         may be set, provided there is no interference with other utilities.
         1. Over-excavating and backfilling with suitable selected material where
              rock is encountered will not be required except for a gradual cushioning
              toward points of abrupt drop-off of the rock to levels considerably below
              the grade of the duct.
         2. Special trenching requirements for conduits, direct-buried electrical
              cables and duct lines are specified in specification division for Electrical.
    E.   Storm Sewer Culverts: Grade trenches to the line and grade required for
         proper installation of the pipe. Provide bedding as specified in plan details,
         above for concrete pipe or culvert installation.
    F.   Excavation for Appurtenances: Excavate sufficiently for manholes, utility pull
         boxes, solid waste wash rack, and similar structures to leave at least 2 feet
         clear between the outer surfaces and the embankment or timber that may be
         used to hold and protect the banks. Any over-depth excavation below such
         appurtenances not directed will be considered unauthorized and will be
         refilled with cement-sand or concrete, as approved, at no additional cost to
         the Owner.

3.4 BACKFILLING:

    A.   Criteria: Do not backfill trenches to a point greater than 2 feet above top of
         pipe until all required pressure tests are performed and utility systems as
         installed conform to specified requirements of appropriate sections. Backfill
         trenches to ground surface with material as specified. Reopen trenches
         improperly backfilled to depth required for proper compaction. Refill and
         recompact as specified, or otherwise correct the condition in an approved
         manner.
    B. Open Areas:
         1. In the pipe zone, place backfill (bedding) evenly and carefully around,
                under and over pipe in lifts no thicker than 6 inches. Compact with
                mechanical hand tampers to 95 percent density according to ASTM
                D698, until there is a cover of not less than 1 foot over utility lines. Use
                bedding and backfill material as scheduled for on plans. Take special
                care not to damage pipe wrapping or coating.
         2. Above the pipe zone, deposit earth backfill in 8-inch lifts. Compact each
                lift to 95 percent maximum dry density according to ASTM D698 at
                optimum to +4 percent of optimum moisture content.
         3. All forms, lumber, trash and debris shall be removed from trenches,
                manholes and other utility structures. Backfill for manholes, utility pull
                boxes, solid waste wash rack, and other utility structures shall be placed
                symmetrically on all sides in lifts no thicker than 6-inches. Each lift shall
                be compacted to 95 percent dry density according to ASTM D698. Use
                cement-sand backfill material of optimum moisture content to depth
                indicated and then complete backfilling with earth backfill to grade,
                compacted at a moisture content at or up to 3% above optimum,
                allowing for depth of topsoil.
    C. Pavement Sections:
         1. In the pipe zone, deposit cement-sand backfill material in 6-inch lifts.
                Compact each lift to 95 percent density according to ASTM D698.
     2.      Above the pipe zone, deposit earth scheduled backfill in 6-inch lifts. Compact
     each lift to 95 percent maximum dry density according to ASTM D698 at optimum to +3
     percent of optimum moisture content. Cement-sand backfill material shall be placed as
     required by the construction drawings. Cure cement-sand layer at least 3 days before
     placing pavement.

                                         TS-4-101
         3.   For manholes and utility pull boxes in pavement sections, backfill with
              cement-sand to bottom of proposed pavement. Cure cement-sand layer
              at least 3 days before placing pavement. Cement sand back fill material
              shall be deposited in 6-inch lifts, compacted to 95 percent density
              according to ASTM D698.

3.5 TEST FOR DISPLACEMENT OF SANITARY SEWERS:

  A. After the trench has been backfilled to 2 feet above the pipe and tamped as
  specified, check the alignment as follows. Flash a light through the sewer between
  manholes. Use a flashlight or reflect sunlight with a mirror. If the illuminated interior
  of the pipeline shows poor horizontal and/or vertical alignment, pipe displacement or
  other defects, correct the alignment to true line and grade as shown on Drawings.
   B.    All plastic pipe shall be tested for deflection by pulling a mandrel with an
         outside diameter equal to 95 percent of the original inside diameter of the
         pipe through the pipe after backfilling is complete. Mandrel shall be pulled by
         hand line. Should the mandrel meet any resistance, the Contractor shall
         clean the line, or correct the resistance, and repeat the test. Any pipe not
         meeting this test shall be removed and installed, or replaced if damaged.

3.6 DISPOSAL OF EXCESS MATERIAL:

   A.    Excess Excavated Material (soil material free of trees, stumps, logs, brush,
         roots, rubbish and other objectionable matter which has been approved.
         Remove excess excavated material from the construction site before Pre-final
         Inspection. Approved excess material shall be deposited on the Owner'      s
         property in an approved location.
   B.    Waste Material (soil material including trees, stumps, logs, brush, roots,
         rubbish and other objectionable matter which has not been approved.
         Remove waste material from the project site before Pre-final Inspection.
         Legally dispose of material at a licensed site or with written and notarized
         permission from the property owner for a private disposal site. All costs
         associated with waste material removal and disposal shall be paid for by the
         Contractor.

3.7 TESTING:

   A.    Laboratory Testing and Inspection Services:         As specified in specification
         section for Testing Laboratory Services.


END OF SECTION
                                        SECTION 02238

                                 TRENCH SAFETY SYSTEMS


A.   DESCRIPTION

     This item shall govern for the Trench Safety Systems required for the construction of all trench
     excavation and backfill necessitated by the safety system. A trench shall be defined as a
     narrow excavation (in relation to its length) made below the surface of the round. In general,
     the depth is greater than the width, but the width of a trench (measured at the bottom) is not
     greater than 15 feet. Trench Safety Systems include but are not limited to sloping, sheeting,
     trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, dewatering or diversion
     of water to provide adequate drainage.

B.   CONSTRUCTION METHODS

     Trench safety systems shall be accomplished in accordance with the detailed specifications set
     out in the provisions of Excavations, Trenching and Shoring, Federal Occupational Safety and
     Health Administration (OSHA) Standards, 29 C.F.R., Part 1926, Subpart P, as amended,
     including Proposed Rules published in the Federal Register (Volume 52, Number 72) on
     Wednesday, April 15, 1987. The sections that are incorporated into these specifications by
     reference include Sections 1926-650 though 1926-653. Legislation that has been enacted by
     the Texas Legislature (H.B. No. 662 and H.B. No. 665) with regard to Trench Safety Systems
     is hereby incorporated, by reference, into these specifications.

     A reproduction of the specifications included in “Subpart P--Excavations” from the Federal
     Register Volume 52, Number 72, is attached for the convenience of the Contractor. The
     Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is
     responsible for obtaining a copy of this section of the Federal Register for his use.

C.   SAFETY PROGRAM

     The trench safety program shall be in accordance with OSHA standards governing the presence
     and activities of individuals working in and around trench excavation.

D.   INSPECTION

                                            TS-4-103
The contractor shall make daily inspection of the Trench Safety Systems to ensure that
the systems meet OSHA requirements. Daily inspection is to be made by a “competent
person” provided by the Contractor. If evidence of possible cave-ins, or slides, is
apparent all work in the trench shall cease until the necessary precautions have been
taken by the Contractor or safeguard personnel entering the trench. It is the sole duty,
responsibility and prerogative of the Contractor, not the Owner or designed trench safety
systems to each field condition encountered on the project. The Contractor shall maintain
a permanent record of daily inspections.
E.   INDEMNIFICATION

     The Contractor shall indemnify and hold harmless the Owner, its employees and agents, from
     any and all damages, costs (including, without limitations, 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.

F.   MEASUREMENT

     Trench Safety Systems shall be measured by the linear foot of trench requiring this system
     including line structures.

G.   PAYMENT

     Payment for Trench Safety Systems, measured as prescribed above shall be made at the unit
     price bid for linear foot for this item shall be full compensation for the Trench Safety Systems
     including any additional excavation and backfill required, for furnishing, placing, maintaining
     and removing all shoring sheeting, or bracing; placing, maintaining and removing all shoring,
     sheeting, or bracing; for dewatering or diversion of water; for all jacking an jack removal; and
     for all other labor, materials, tools, equipment and incidentals necessary to complete the work.




                                             TS-4-105
                                  SECTION 02556

WATER TRANSMISSION LINES AND/OR PRESSURE SEWER LINES

PART 1 - GENERAL

1.01   RELATED REQUIREMENTS SPECIFIED ELSEWHERE:

       A.   Trenching, Backfilling and Compacting: Section 02221.

       B.   Pipe Boring and Jacking: Section 02224.

1.02   SUBMITTALS:

            A.               s                         s
                 Manufacturer' Literature: Manufacturer' descriptive literature and
            recommended method of installation.

            B.                                s
                    Certificates: Manufacturer'   certification   that   products   meet
            specification requirements.

1.03   PRODUCT DELIVERY, STORAGE, AND HANDLING:

            A.                                      s
                   Deliver materials on manufacturer' original skids or in original
            unopened protective packaging. OWNER reserves the right to reject
            material left from another job.

       B.   Store materials to prevent physical damage.

            C.    Protect materials during transportation and installation to avoid
            physical damage.

1.04   GENERAL DESCRIPTION OF WORK COVERED:

            A.     Furnish and install all pipe, fittings, structures and accessories
            required for water transmission line and/or pressure sewer lines.

1.05   QUALITY ASSURANCE:

            A.    Comply with the latest published edition of American Water Works
            Association (AWWA) Standards:

                  1.     AWWA C110 & C11Oa - Gray Iron and Ductile-Iron Fittings, 2
                  inch through 48 inch for water and other liquids.

            2.    AWWA Clll - Rubber Gasket Joints for Cast Iron Pressure Pipe and
                  Fittings.
           3.    AWWA C150 - Thickness Design of Ductile-Iron Pipe.

           4.    AWWA C151 - Ductile-Iron Pipe, centrifugally cast in metal mold or
                 sand lined molds, for water or other liquids.

           5.    AWWA C153 - Ductile-Iron Compact fittings, 3 inch through 12 inch
                 for water and other liquids.

           6.    AWWA C900 - Polyvinyl Chloride (PVC) Pressure Pipe 4 inch
                 through 12 inch for water.

           7.    AWWA C909- Molecularly Oriented Polyvinyl Chloride (PVCO)
                 Pressure Pipe, 4 In through 24 In.

                 8.     AWWA C301-79 - Prestressed Concrete Pressure Pipe - Steel
                 Cylinder Type, for water and other liquids.

           B.     Comply with the latest published editions of the American Society for
           Testing and Materials (ASTM) Standards:

           1.    D 2241 - Polyvinyl Chloride (PVC) Plastic Pipe (SDR-PR).

                 2.    D 3139 - Joints for PVC Pressure Pipes using Flexible
                 Elastomeric Seals.

PART 2 - PRODUCTS

2.01   GENERAL REQUIREMENTS:

           A.    Pipe furnished may be either PVC or steel cylinder as specified
           herein for water mains unless shown otherwise on the plans or bid
           documents.

           B.     Use PVC pipe for all pressure sewer lines unless shown otherwise on
           the plans.

           C.      All pipe shall be marked in accordance with the applicable standard
           specification under which the pipe is manufactured unless otherwise
           specified.



                                     TS-4-107
               D.     Steel cylinder pipe manufactured shall have had a successful
               experience record in the design and manufacture of steel cylinder pipe with
               substantial footage in successful operation for at least five years.

2.02   POLYVINYL CHLORIDE PIPE (PVC):

               A.    Provide pipe meeting AWWA C900 PVC 1120 or ASTM D2241 Type
               1 Grade 1 PVC 1120 Standards or AWWA C909 PVCO.




               1.     Minimum requirements:

                                             SDR/           Pressure              Pressure
       Std.                   Size           DR             Class(psi)            Rating(psi)

       C900                   4"-12"         18               150                    150
       C909                   4”-12”         18               150                    150
       D2241                  2"- 4"         26                95                    160
       D2241                  6"-12"         21               120                    200

                      2.    Use pipe meeting minimum requirements unless shown
                      otherwise on plans.

               B.     Provide push-on joints with bell integrally cast into pipe or with
               coupling of same material as pipe.

               C.   Use elastomeric gaskets, as provided in AWWA C900,C909 or ASTM
               D3139.

               D.    Provide either cast-iron or PVC 1120 fittings as indicated or required.
               Use long radius fittings where possible.

               E.     Provide fittings with materials and pressure class equal to or greater
               than that specified for pipe.

               F.      Provide sleeve type or anchored coupling where indicated or required
               to join pipe or provide restraint to offset internal or hydrostatic test pressures.

       G.      Provide pipe marked to indicate the following:

               1.     Nominal Pipe Size.

               2.     Material Code Designation.
            3.    Standard Dimension Ratio.

            4.    Pressure Rating.

            5.                s
                  Manufacturer' name or trademark.

            6.    National Sanitation Foundation Seal.

            7.    Appropriate ASTM designation number.

2.03   STEEL CYLINDER PIPE (SCP):

       A.   Provide pipe meeting AWWA C301-79.



            B.                                                                    s
                  All pipe and fittings shall have the approval of the Underwriter'
            Laboratories, Inc.

            C.     Provide pipe with minimum pressure class of 150 psi or as shown on
            plans or in Special Conditions.

            D.     Provide fittings with materials and pressure class equal to or greater
            than that specified for pipe.

       E.   Joint wrappers:

                  1.   Shall be of quality manufactured by Mar-Mac-Manufacturing
                  Company or approved equal.

                  2.     Shall be hemmed at each edge to allow threading with a steel
                  strap to securely fasten the wrapper around the pipe by means of a
                  stretcher and sealer.

                  3.    Minimum width of 7 inches for pipe with diameter of 33 inches
                  or smaller; 9 inches for pipe with diameter greater than 33 inches.

            4.    Length sufficient to circle pipe.

       F.   Cement Mortar:

                  1.     Mortar used at joint shall consist of 1 part portland cement to 2
                  1/2 parts fine, sharp clean sand mixed with water.


                                       TS-4-109
                   2.     Interior joint mortar shall be mixed with as little water as
                   possible to produce a very stiff but workable mixture.

                   3.      Exterior joint mortar shall be mixed with water to a consistency
                   of thick cream.

       G.   Provide pipe marked to indicate the following:

            1.     Pressure for which the pipe or fitting is designed.

            2.     Identification marks to show proper location.

            3.     All beveled pipe shall be marked with the amount of the bevel.

            4.                 s
                   Manufacturer' name.

            5.     Material code designation.

            6.     National Sanitation Foundation Seal.

2.04   DUCTILE IRON PIPE FITTINGS (DIP):

            A.     Shall be in accordance with AWWA CllO with pressure rating of not
            less than that specified for adjacent pipe.

       B.   Shall be compatible with joint type of adjacent pipe.

       C.   All specials, taps, plugs, flanges and wall fittings shall be as required.

       D.   Shall have cement mortar lining in accordance with AWWA C104.

       E.                                    s
            Shall be coated with manufacturer' standard coating.

2.05   VALVES, HYDRANTS AND METERS:

       A.   Gate Valves:

                   1.      Design: AWWA C509, Mueller A 2360.

            2.     Type: Compression Resilient Seated.

            3.     Material: Cast iron body with epoxy coated interior.

            4.     Rating: 200 psi working pressure class.

            5.     Stem: Double "O" ring stem seal.
     6.    Operators: Open counterclockwise with 2 inch square operating nut.

           7.      Flange: x push-on valves must be used on all fire hydrants
           installed on water main 10 inches or larger.

B.   Valve Boxes:

     1.    Provide for all buried valves.

           2.    Use nominal 6 inch cast-iron sliding type pipe shaft with cover
           and base casting.

     3.    Set box top at finished grade.

     4.    Furnish drop cover appropriately marked "WATER".

C.   Corporation Stops:

     1.    Conform with AWWA C800.

     2.    Use 3/4 inch unless indicated otherwise.

D.   Hydrants:

     1.    Design: latest edition of AWWA C502, traffic model with break flange.

     2.    Mueller Centrurion - A423

     3.    Provide 6 inch inlet, 2 - 2> inch hose nozzles, 1 - 4> inch pumper.

     4.    Provide compression type main valve, minimum size 5< inches.

     5.    Pentagon operating nut.

     6.    Design to open counterclockwise.

     7.    Provide mechanical joint bell on footpiece.

     8.    Furnish depth as noted on plans.

           9.    Furnish National (American) Standard Fire Hose Coupling
           Screw Thread (NH).


                                TS-4-111
       F.   Polyethylene Wrapping:

            1.     Material: AWWA C105.

            2.     Thickness: 8 mils.

       G.   Polyethylene Plastic Pipe (PE):

            1.     Material: ASTM D2737.

            2.     Fittings: ASTM D2683.

            3.     Size: 3/4 inch unless shown otherwise on plans.




       H.   Copper Pipe (CU):

            1.     Material: seamless, Type K, ATM B88.

            2.     Fittings: wrought copper solder joint or flared.

            3.     Size: 3/4 inch unless shown otherwise on plans.

PART 3 - EXECUTION

3.01   GENERAL:

            A.     Provide all labor, equipment and materials and install all pipe fittings,
            special and appurtenances as indicated or specified.

3.02   PIPE INSTALLATION:

       A.   Handling:

                   1.   Handle in a manner to insure installation in sound and
                   undamaged condition.

                   a.     Do not drop or bump.

                          b.    Use slings, lifting lugs, hooks and other devices
                          designed to protect pipe, joint elements, and coatings.
            2.     Ship, move and store with provisions to prevent movement or shock
            contact with adjacent units.

            3.     Handle with equipment capable of work with adequate factor
            of safety against overturning or other unsafe procedures.

B.   Installation:

            1.      Utilize equipment, methods, and materials insuring installation
            to lines and grades as indicated.

                     a.     Do not lay on blocks unless pipe is to receive total
                     con-crete encasement.

     C.     Accomplish horizontal and vertical curve alignments of ductile iron
     pipe with bends, bevels or deflection joints.

            1.  Limit joint deflection with ductile iron pipe to conform with
            AWWA C600.



     2.     Use short specials preceding curves as required.

            3.      Obtain approval of ENGINEER of method proposed or transfer
            of line and grade from control to the work.

            4.   Install pipe of size, material, strength class, and joint type with
            embedment as shown on plans or specified herein.

            5.      Clean interior of all pipe, fittings, and joints prior to installation.
            Exclude entrance of foreign matter during discontinuance of
            installation.

            a.       Close open ends of pipe with snug fitting closures.

                     b.      Do not let water fill trench. Include provisions to prevent
                     flotation should water control measures prove inadequate.

                     c.     Remove water, sand, mud and usher undesirable
                     materials from trench before removal of end cap.

            6.     Pipe shall be inspected prior to installation to determine if any
            pipe defects are present.


                                  TS-4-113
      7.     Brace or anchor as required to prevent displacement after
      establishing final position.

8.    Perform only when weather and trench conditions are suitable.

      a.    Do not lay in water.

      9.    Observe extra precaution when hazardous atmospheres might
      be encountered.

10.   Sanitary sewer relation to water mains:

      a.    Maintain 9 feet horizontal separation whenever possible.

            b.    When conditions prevent a lateral separation of 9 feet,
            sewer may be installed closer to a water main if:
                  (1)     sewer constructed of PVC pipe meeting AWWA
                  Specifications and having a minimum working pressure
                  rating of 150 psi or greater and equipped with pressure
                  type joints, and




                   (2)    the sewer line and water main are separated by
                   a minimum vertical distance of 2 feet and a minimum
                   horizontal distance of 4 feet, measured between the
                   nearest outside diameters of the pipes.

      c.    When a sanitary sewer crosses a water line and that portion of
            the sewer is constructed as described is 3.02 B.9.b.(1), the
            sewer may be placed no closer than 6 inches from the water
            line. The separation distance must be measured between
            the nearest outside pipe diameters. The sewer line shall be
            located at a lower elevation than the water line whenever
            possible and one length of the sewer pipe must be centered
            on the water line.

11.   Separation of water mains from sewer manholes:

            a.     No water pipe shall pass through or come in contract
            with any part of a sewer manhole.

      b.    A minimum horizontal separation of 9 feet shall be maintained.
            12.    Construct service lines where shown on plans in accordance
            with Standard Detail Drawing D-48 or D-49. Use pipe material
            specified on plans or in contract documents.

            13.    Wrap pipe, fittings and tie rods with polyethylene where shown
            on plans in accordance with AWWA C105.

C.   Jointing:

     1.     General requirements:

                   a.      Locate joint to provide for differential movement at
                   changes in type of pipe embedment, at changes from rock to
                   soil trench bottom, and structures.

                   (1)    Not more than 18 inches from structure wall, or

                          (2)     Support pipe from wall to first joint with concrete
                          cradle structurally continuous with base slab or footing
                          of structure.

            b.                                            s
                   Perform in accordance with manufacturer' recommendations.



                   c.     Clean and lubricate all joint and gasket surfaces with
                   lubricant recommended.

                   d.    Utilize methods and equipment capable of fully homing
                   or making up joints without damage.

            e.     Check joint opening and deflection for specification limits.

     2.     Special provisions for jointing cast-iron and ductile iron:

            a.     Conform to AWWA C600.

                   b.      Visually examine while suspended and before lowering
                   into trench.
                           (1)    Paint bell, spigot, or other suspected portions
                           with turpentine and dust with cement to check for
                           cracks invisible to the eye.



                                 TS-4-115
                          (2)   Remove turpentine and cement by washing
                          when test is satisfactorily completed.

                   (3)    Reject all defective pipe.

     3.     Special provisions for jointing and laying PVC pipe:

            a.     Conform to AWWA C600 and ASTM D2321.

                   b.      Allow pipe to reach trench soil temperature prior to
                   installation in ditch.

     4.     Special provisions for jointing steel cylinder pipe:

                   a.     Before laying each joint, the bell and spigot rings shall
                   be cleaned by wire brush and wiped clean and dry.

            b.     Inside cement mortar joint:

                          (1)     the inside joint recess shall be filled immediately
                          prior to placing the pipe together by buttering the bell
                          end with mortar.

                          (2)    the joint mortar of pipe 18 inch diameter and
                          smaller shall be smoothed and cleaned with a swab.

                          (3)    the joint mortar of pipe diameters larger than 18
                          inches shall be finished off smooth by hand trowel.



            c.     Outside cement mortar joint:

                   (1)    encircle joint with wrapper after joint found satisfactory.

                          (2)    leave enough space between wrapper ends to
                          allow cement mortar to be poured.

                          (3)    the entire joint shall be poured with cement
                          mortar and consolidated and rodded or agitated to
                          eliminate voids.

D.   Cutting:

     1.     Cut in neat workmanlike manner without damage to pipe.
     2.    Cut cast-iron with Carborumdum saw or other approved method.

           a.     Smooth cut by power grinding to remove burrs and sharp
           edges.

           b.     Repair lining as required and approved by ENGINEER.

E.   Closure Pieces:

           1.     Connect two segments of pipelines or a pipeline segment and
           existing structure with short sections of pipe fabricated for the
           purpose.

           2.      Observe specifications regarding location of joints, type of
           joints and pipe materials and strength classifications.

     3.    May be accomplished with sleeve coupling for water pipe:

                  a.     Of length such that gaskets are not less than 3 inches
                  from pipe ends.

                  b.    Include spacer ring identical to pipe end such that clear
                  space does not exceed 1/4 inch.

F.   Temporary Plugs:

     1.    Install whenever installed pipe is left unattended.

     2.    Use water tight plug.




G.   Thrust Blocks:

     1.    Provide for all horizontal or vertical turns utilizing fittings.

     2.    Use on all dead-end and tee fittings.

     3.    Install as indicated on Standard Detail Drawing D-7

     4.    Construct to undisturbed edge of trench for bearing.



                                 TS-4-117
                   5.    Provide minimum bearing area in S.F. as follows based on
                   150 psi test pressure and 2000 psf soil bearing:


            Pipe   Tee     11<0 22>0 45°         90°

            Size   Deadends       Bend   Bend    Bend   Bend
            4"      1.0           0.5    0.5     0.8    1.3
            6"      2.2           0.5    0.9     1.6    3.0
            8"      3.8           0.8    1.5     2.9    5.3
            10"     6.0           1.2    2.3     4.5    8.4
            12"     8.5           1.7    3.3     6.5    12.1
            14"    11.6           2.3    4.5     8.9    16.4
            16"    15.2           3.0    5.9     11.6   21.4

3.03   VALVE AND APPURTENANCE INSTALLATION:

       A.   Valves:

            1.     Install with stems vertical when installation is horizontal.

                   2.     Set valves on concrete thrust block having four (4) square feet
                   of bearing area on undisturbed earth.

       B.   Valve Boxes:

            1.     Center on valves.

                   2.     Carefully tamp earth around each valve box to a distance of 4
                   feet on all sides of box or to undisturbed trench face, if less than 4
                   feet.

       C.   Hydrants:

                   1.    Set hydrants where shown on plans in accordance with
                   Standard Detail Drawing D-12.

                   2.     Install gravel, blocks and anchors in accordance with Standard
                   Detail Drawing D-12.

                   3.     Set reference elevation 3 inches above existing grade or to
                   elevation established by ENGINEER (not to exceed 6 inches).

                   4.    Break-a-way flange to be either ground level where applicable
                   or between 3 inches and 6 inches above curb as established by
                   ENGINEER.
3.04   ACCEPTANCE TESTS FOR PRESSURE MAINS:

       A.   Perform hydrostatic pressure and leakage test.

            1.     Conform to AWWA C600 procedures.

                   a.     As modified herein.

                   b.     Shall apply to all pipe materials specified.

            2.     Perform after backfilling.

            B.     Test separately in segments between sectionalizing valves, between
            a sectionalizing valve and a test plug, or between test plugs.

                   1.     CONTRACTOR to furnish and install test plugs, including all
                   anchors, braces and other temporary or permanent devices to
                   withstand hydrostatic pressure on plugs, at no additional cost to the
                   OWNER.

                   2.     CONTRACTOR responsible for any damage to public or
                   private property caused by failure of plugs.

            C.     Limit fill rate of line to available venting capacity. Fill rate shall be
            regulated to limit velocity in lines when flowing full to not more than 1 fps.

            D.    OWNER will make water for testing available to contractor at nearest
            source. Valves of existing system will at all times be operated by City
            personnel only.

       E.   Pressure test:

                   1.    Conduct at pressure at least 1.5 times than normal working
                   pressure (not less than 150 psi test pressure).

            2.     Maintain pressure for a minimum of two (2) hours.

            3.                                                      6
                   Test pressure shall not vary by more than +5 psil' (-- 9C.1Y)


       F.   Leakage Test:

            1.     Conduct concurrently with the pressure test.

                                        TS-4-119
            2.     Maintain pressure for a minimum of two (2) hours.

                   3.      Acceptable when leakage does not exceed that determined by
                   the following formula:

                                         L = ND P

                                         7400

                   L = Maximum permissible leakage in gallons per hour.
                   N = Number of pipe joints in segment under test.
                   D = Nominal internal diameter of pipe being tested in inches.
                   P = Average actual leakage test pressure, psig.

            4.     Repeat leakage test as necessary.

                          a.     After location of leaks and repair or replacement of
                          defective joints, pipe or fittings.

                          b.      Until satisfactory performance of test. c. At no increase
                          in cost to the OWNER.

            G.     Refit and replace all pipe not meeting the leakage or pressure
            requirements. Repair clamp is not permitted.

       H.   Repair all visible leaks regardless of the amount of leakage.

       I.   OWNER or ENGINEER will observe all tests.

3.05   DISINFECTION OF PIPELINES FOR CONVEYING POTABLE WATER:

            A.    CONTRACTOR provide all equipment and materials and perform in
            accordance with AWWA C601.

            1.     As modified herein.

            2.     Include chlorination and final flushing.

            B.    Add chlorine to attain an initial concentration of 50 mg/l chlorine with
            10 mg/l remaining after 24 hours.

            C.     Flush main until concentration is 2 mg/l or less prior to placing main in
            service.

       D.   Obtain approval of materials and methods proposed for use.
       E.   May be conducted in conjunction with acceptance tests.

       F.   Dispose of flushing water without damage to public or private property.

            G.     Repeat disinfection procedure should initial treatment fail to yield
            satisfactory results.

            1.     At no additional cost to the OWNER.

            2.     OWNER will provide water under terms specified for acceptance
            tests.

       H.   Do not exceed 500 gpm rate in flushing.

       I.   Provide safe bacterial sample results before placing main into service.

PART 4 - MEASUREMENT AND PAYMENT

4.01   PRESSURE LINES:

            A.    No bid item is established for these items, this work shall be
            considered subsidiary to the contract and no direct payment will be made.

            B.      If pressure line fails any test procedure, trouble spot is to be corrected
            all as incidental to the construction of the pressure line.

                               *** END OF SECTION ***




                                    SECTION 02558

                                        TS-4-121
WATER VALVES

PART 1 - GENERAL

1.01 GENERAL DESCRIPTION OF WORK

A.     This work shall consist of furnishing and installing valves as indicted on the plans or
       as directed by the ENGINEER in accordance with these specifications.

B.     Unless otherwise noted, all valves 4 inches and larger shall be AWWA-type valves
       of suitable design and fully equipped for service buried in the earth, without need for
       further modification and shall be wrapped with 8 mail polyethylene film with all
       edges and laps securely taped to provide a continuous wrap.

C.     Valve ends on Valves 4 inches and larger shall be flanged or mechanical joint. All
       mechanical joints shall conform to AWWA Specification C111. Flanges shall be
       dimensioned, faced, and drilled to the 125-pound "American Standard".

D.     Valves shall be carefully installed in their respective positions, accessible for
       operation and repair. Unless shown on the plans otherwise, valves shall be of the
       same sizes as the pipelines in which they are installed. Stems shall be installed
       pointing straight upward. The operating nuts of all valves or valve stem extensions
       shall be no deeper than 18 inches below the top of the valve box cover. Valves
       shall be left in satisfactory operating condition, free from all distortion and strain.

E.     All valve operators shall turn in a counterclockwise direction to open the valve.

PART 1 - PRODUCTS

2.01   VALVE TYPES

A.     Gate Valves

       1.     Gate valves shall only be used for pipe sizes of 12 inches and smaller,
              unless otherwise noted on the plans.

       2.     Resilient seat gate valve shall be used and shall conform to AWWA C509.
              The gate valve shall be a non-rising stem type with inside screw and "O" ring
              seals. The valve shall have a standard hub equipped with a square-
              operating nut. The body-to-bonnet and bonnet-to-bonnet cover shall use "O'
              rings as seals.

       3.     The resilient seat shall be mechanically retained or bonded on the valve
              gate (\wedge disc).
     4.    The gate valve shall have protective coating inside and outside of fusion-
           bonded epoxy approved for potable water.

     5.    The valve stem shall comply with AWWA C509. The material for the valve
           stem shall be brass or bronze, and shall have minimum yield strength of
           20,000 psi and minimum tensile strength of 60,000 psi. The valve stem shall
           be compatible and interchangeable with the equivalent sized double disc
           gate valve models.

     6.    Gate valves shall have a 2-inch square operating hub nut.

     7.    The number of turns to open the valve shall be the same or less than the
           equivalent sized double disc gate valve models. Maximum input torque to
           open and/or close the valve shall be 200 foot-pounds for a 4-inch valve and
           300 foot pound for a 6-inch under a working pressure of 200 psi.

     8.    Before the Work will be accepted, the CONTRACTOR shall provide the
           ENGINEER with a completed "Water Valve Data Card".

     9.    Gate valves shall be American Darling, Metroseal by U.S. Pipe, Mueller, or
           approved equal.

B.   Rubber seated Butterfly Valves

     1.    Butterfly valves will be used in lieu of gate valves for sizes of 14 inches and
           larger; the butterfly valve shall be of the rubber-seated tight closing type
           conforming to AWWA C504.

     2.    The valve body shall be cast iron having integral hubs for the housing shaft
           bearings and seals. The body ends shall be flanged per AWWA C504 with
           the flanges designed for installation between Class 125 cast iron flanges or
           mechanical joint meeting the requirements of AWWA C111.

     3.    The butterfly valve disc shall be cast iron.

     4.    The seat shall be bun rubber and shall be mechanically retained on the disc
           edge by means of 18-8 stainless steel bolts. Seat must also be capable of
           being replaced in the field without chipping grinding, or burning out of the old
           seat or retaining substance. The body seat-mating surface shall be 18-8
           stainless steel, type 304 mechanically retained.

     5.    Valve shafts shall be 18-8 stainless steel, type 304 and shall be securely
           attached to the disc by means of bolts, dowel pins, or taper pins.

                                       TS-4-123
     6.    All butterfly valves shall be side operated. Valve actuator shall be integrally
           mounted on the valve-mounting flange and shall be of the self-locking
           traveling nut type in complete accordance with AWWA C504 requirements.
           Actuators shall be furnished with a standard 2 inch operating nut and must
           be designed to permit the adjustment of the valve disc seating without the
           removal of the housing cover.

     7.    All butterfly valves shall be tested per AWWA C504

     8.    Before the work will be accepted, the CONTRACTOR shall provide the
           ENGINEER with a completed "Water Valve Data Card".

C.   Valve Stem Extensions

     1.    Extension stems shall be provided as necessary to situate the operating nut
           no greater than 18 inches below the valve cover.

     2.    Extension stems shall be equipped with stem guides affixed to the valve box
           at intervals not to exceed ten feet.

     3.    Stem guides shall be considered a part of the extension. Extension stems
           and stem guides shall be manufactured items or approved equal.

D.   Air and Vacuum Valves

     1.    Air and vacuum valves shall be of the type that automatically exhaust large
           quantities of air during the filling of a pipeline and allow air to re-enter
           enduring draining or when a negative pressure occurs.

     2.    The inlet and outlet of the valve shall have the same cross-sectional area.
           The floats shall be guided by a stainless steel guide shaft and seat against a
           synthetic seat.

     3.    Valves shall have NPT inlets and outlets.

     4.    All air and vacuum valves shall be constructed of cast iron with stainless
           steel trim and bun seating. Valves shall be as manufactured by Val-Matic
           Valve & Mfg. Corp., Series 100.

E.   Fire Hydrants
1.    Fire hydrants and their extensions shall be in accordance with AWWA C502,
      traffic type.

2.    Fire hydrants shall have one 5 1/4 inch diameter valve opening; 6-inch
      mechanical joint of slip on inlet connection; two 2 1/2 inch hose nozzle
      connections; and one 4 1/2 inch steamer nozzle with National Standard Fire
      Hose Coupling Screw Threads or as specified by the OWNER.

3.    Fire hydrants shall have a bronze or cast iron, pentagon, operating nut, be
      designed for 150 psi. working pressure service, and have a normal bury of 4
      to 4 1/2 feet unless field conditions require a deeper bury, in which case
      extensions will be used so as to bring the bottom of the break-off flange 2 to
      8 inches above the top of finish grade.

4.    The pipefittings and fire hydrants starting at the street main and ending at
      the fire hydrant itself shall be lying in a line perpendicular to the streets'
      centerline or radially on a curvilinear installation.

5.    Fire hydrants shall be installed in as near a vertical position as possible and
      shall have no more than 1/2-inch variation from a vertical line between the
      breakaway flange and the top of the fire hydrant.

6.    Hydrants shall be dry barrel, post-type with compression main valve closing
      with pressure. They shall have a field lubrication capability. Hydrants shall
      have a bronze seat ring threaded into a bronze drain ring or bronze or cast
      iron bushing.

7.    Hydrant interior and exterior below the ground line shall be coated with
      asphalt varnish, and the exterior painted from the top to a point one foot
      below the ground level flange, consisting of one coat rust inhibitive primer.

8.    The bottom plate of the main valve shall be epoxy coated. The shoe of the
      fire hydrant shall have a 6-inch mechanical joint connection. The inside shall
      be epoxy coated to prevent corrosion.

9.    The nozzle shall be threaded in place and retained by stainless steel locks.

10.   Hydrant body shall be threaded to receive the threaded nozzle. Nozzle shall
      be secured by a stainless steel locking device.

11.   Fire hydrant shall contain two drain outlets. The drain outlets shall be
      constructed of bronze. Hydrant shall be provided with a pentagon operating
      nut to open counter clockwise and shall have an anti-friction washer
      between the hold-down nut and the operating nut.

                                 TS-4-125
       12.   Fire hydrant shall be installed at locations as shown on construction plans
             and in accordance with Standard Detail Drawings.

       13.   No project will be accepted by the OWNER until all hydrants are operational,
             accessible and have been tested by the Municipal Fire Department.

       14.   Before the work will be accepted, the CONTRACTOR shall provide the
             ENGINEER with a completed "Fire Hydrant Data Card".

       15.   Hydrants shall be limited the following unless prior written approval is
             provided by the ENGINEER:

             a.      Mueller Centurion A-423

             b.      American Darling B-84-B

             c.      Kennedy Guardian K-81A

             d.      U.S. Pipe Metropolitan

F.     Valve Boxes

       1.    Valve boxes, rings and covers shall be the type, size and materials shown in
             Standard Detail drawings.

       2.    No valve box shall be paved over without the permission of the ENGINEER.
             Paving material shall not remain on valve box covers overnight.

       3.    Valve boxes shall be fabricated using 6 inch cast-iron sliding type pipe shaft
             with cover and base casting.

       4.    Drop covers for vale boxes shall be marked "water" using lettering cast in
             the cover by the manufacturer.

       5.    Top of valve box shall be set at finished grade unless otherwise noted.

2.02   WATER VALVE DATA CARD

A.     Water Valve Data Card, as shown on Figure 02558-1 and 02558-2, shall be
       prepared for all types of valves (Gate Valves, Butterfly Valves, Air Release Valves,
       etc) according to the following instructions:

       1.    The Valve Number will be assigned by the OWNER at a later date.
       2.     Vale Size is the nominal diameter of the valve, i.e., 6 inch, 14 inch, or 48
              inch. In the case of compound valves give size of main valve and by-pass
              valve, i.e., 24 inch and 4 inch, or 36 inch and 6 inch.

       3.     Valve Type is the general description of the valve, such as: Vertical Gate
              Valve, Horizontal Gate Valve, Vertical Gate Valve with by-pass, Horizontal
              Gate Valve with by-pass, Butterfly Valve, G lobe Valve, Check Valve, etc.

               4.      Make and Model refers to the manufacturer, make and model number to
       identify the valve for replacement parts, such as Mueller No. A-2308-6. This information
       should be available from the shop drawings.



       5.     Number of Turns and Direction to Open is the number of revolutions for the
              operating nut to make the valve travel from fully closed to fully open, and the
              direction is either clockwise or counter-clockwise, i.e., 54 turns counter-
              clockwise. All standard valves shall open counter-clockwise. Operation,
              turn count, and direction to open will be verified by the ENGINEER prior to
              installation.

       6.     Under Project Name is the assigned work order number or name shown on
              plans.

       7. Date Warranty expires is the expiration date, under the contract, for requiring
          warranty repairs.


                                                 PART 3 – EXECUTION (NOT USED)

PART 4 - MEASUREMENT AND PAYMENT

4.01   MEASUREMENT AND PAYMENT:

       A.     No bid item is established for these items, this work shall be considered
              subsidiary to the contract and no direct payment will be made.



                              * * * * END OF SECTION * * * *




                                          TS-4-127
                                          VIDEOTAPE

The Contractor shall videotape the entire job site, including access to job site, prior to commencing
work. A copy of the videotape will be provided to the City at the pre-construction conference.
The videotape will be held for historical purposes and for resolving complaints/claims from
affected property owners. Failure to provide such tape shall render the contractor liable for claims.
Acceptable format is standard VHS tape. Beta format is not acceptable.

Monthly videotaping by the contractor during construction is recommended to protect contractor’s
interest against claims and as a basis for extras.
SECTION 4 - SANITARY SEWER PIPEWORK

Work Included:

 4.1 Under this section is included the furnishing, laying, jointing and testing of all sewer pipe,
including sewer pipe and sewer appurtenances, both in open cut and in tunnels, as shown on the
drawings or as directed by the engineer.

Materials:

 4.2 The materials to be used in pipe work shall be furnished by the contractor, as approved by
the engineer to meet the requirements of the work of this contract as specified herein.

Gravity Sewer Pipe:

               4.2.1 Gravity sewer pipe may be of any of the following classifications. Any pipe
       found defective, not meeting the specifications, or improperly installed shall be rejected
       and so marked and shall be replaced by pipe approved by the engineer at no additional
       cost to PUB.

                      4.2.1.1 Pipe and fittings shall be manufactured in conformance with the
               materials and methods described in ASTM Specification D-3034. Joint seals shall
               be compression type rubber gaskets in compliance with the requirements of
               ASTM Specification D-1869.

                      4.2.1.2 Pipe and fittings shall be manufactured in conformance with the
               materials and methods described in ASTM Specification F-789 and UNI-B-10.
               Gaskets shall comply with the requirements of ASTM Specification F-477.




                                             TS-4-129
                         4.2.1.3 SDR-26 pipe shall be used when pipe depths are greater than 12
                 feet. All sewer mains going through easements shall be SDR-26 regardless of
                 depths.

Force Mains:

               4.2.2 Pressure sewer pipe will be the following classification. Any pipe found
       defective, not meeting the specifications, or improperly installed shall be rejected and so
       marked and shall be replaced by pipe approved by the engineer at no additional cost to
       PUB.

                          4.2.2.1 Polyvinyl chloride pipe for force mains shall conform to AWWA
                 Standard "Polyvinyl Chloride (PVC) Pressure Pipe" C-900 - 750 Class 100 DR25
                 latest revision. Fittings for polyvinyl chloride (PVC) pipe shall be Ductile Iron
                 Class 125 "Compact Fittings" short body, epoxy coated (not cement lined).
                 Transition gaskets shall also be included, unless otherwise noted on the contract
                 bid document or drawings.

Watertight Joint Materials:

               4.2.3 The contractor must exert every reasonable effort to secure a watertight joint
       and prevent infiltration of ground water into or exfiltration of sewage out of all pipe
       sewers and property service connections. To achieve this, joint material shall be made of
       the materials as specified herein, unless otherwise set forth in Special Provisions or
       Proposal. Any joint materials found to be defective or not meeting the specifications shall
       be rejected and replaced by approved joint materials at no additional cost to PUB.

Pipe Jointing:

                          4.2.3.1 In laying the sewer pipe to line and grade, the pipe shall be jointed
                 in accordance with one of the approved jointing methods. PUB reserves the right,
                 before construction is in progress, to change the type of joints if its engineer so
                 directs.

Polyvinyl Chloride Pipe (PVC) Jointing:

                         4.2.3.2 The contractor shall make certain before jointing polyvinyl
                 chloride pipe that the ring groove in the bell of the pipe is clean with no dirt or
                 foreign material that could interfere with proper seating of the ring. Make sure
                 pipe end is clean. Wipe with a clean dry cloth around the entire circumference
                 from the end to one (1) inch beyond the reference mark. Lubricate the spigot end
                 of the pipe, using only the lubricant supplied by the manufacturer. Be sure the
                 entire circumference is covered. The coating shall be the equivalent of a brush
                 coat of enamel paint. It can be applied by hand, cloth, pad, sponge, or glove. Do
                 not lubricate the rubber ring or the ring groove in the bell because such lubricant
                 could cause ring displacement. The level end is then inserted into the bell so that
               it is in contact with the ring. Brace the bell, while the level end is pushed in under
               the ring, so that previously completed joints in the line will not be closed up. The
               spigot end is pushed until the reference mark on the spigot end is flush with the
               end of the bell. If undue resistance to insertion of the level end is encountered or
               the reference mark does not reach the flush position, disassemble the joint and
               check the position of the ring. If it is twisted or pushed out of its seat, lean the
               ring, bell and level end and repeat the assembly steps.


                       4.2.3.3 Water stop joints shall be Polyvinyl Chloride (PVC) or other
               similar approved joint materials.

        4.3. Property service connections shall be installed using Polyvinyl Chloride Pipe
(PVC). The pipe shall be SDR-35 or SDR-26 and shall be manufactured in accordance with
ASTM D-3034. The joints shall be compression type rubber gasket joints conforming to ASTM
D-1869 (ASTM D-3212 for SDR-26). The location of all laterals and service lines shall be
shown on the plans. Where not approved street grade has been established, the depth of the
connection shall be based on the assumed future street grade or on the present street or ground
surface, as determined by the engineer. At times when pipe laying is not in process, the open
ends of the pipe shall be closed by a watertight plug or other approved means. This provision
shall apply during the noon hour as well as overnight. If water is in the trench, the seal shall
remain in place until the trench is pumped completely dry.

Sewer Pipe Laying Procedures:

        4.4 After the trench is excavated to a subgrade as specified, it shall be filled to grade with
a minimum 6 inch gravel layer. This material shall be mechanically tamped to a density
minimum of 90%. This material shall provide a smooth and uniform pipe bed for the entire
length of the sewer pipe barrel. Ditching and pipe lying shall be uniformly in a straight line and
to uniform elevations unless otherwise specified on the plans. Pipe and fittings shall be carefully
handled to avoid damage. Before placing pipe into the trench, the outside of the spigot and the
inside of the bell shall be wiped clean and dry, free from oil and grease. Every precaution shall
be taken to prevent foreign material from entering the pipe. During layout operation, no debris,
tools, clothing or other material shall be placed into the pipe. After placing a length of pipe into
the trench, the spigot end shall be centered in the bell; the pipe forced home, brought to the
correct alignment and covered with an approved backfill material. When the pipe is installed,
metallic tape shall be buried as directed by the PUB inspector, but no greater than 2'    below the
finished grade for location purposes.

       4.4.1 In area’s where the existing sewer main line is to be removed and replaced using the
same alignment, the contractor will make all necessary provisions to ensure that continuous flow
is maintained with no interruption of service. If the contractor chooses to plug the manholes up
stream from the area they are working, the contractor will install a by-pass or approved pumping
assembly to remove the sewer from one manhole to the other while they work on the new main

                                              TS-4-131
line. All existing sewer services encountered while removing the old line will be re-connected to
the new line using approved materials as shown on the wastewater details. At the end of the work
day, the contractor will temporarily connect the new sewer main line to the existing main line
with an approved coupling. The trench will be back filled to give access to the public at the end
of the work day. Pipe laying procedures listed on Sec. 4.4 will also be used for this type of work.

Sewer Appurtenances:

       4.5 Appurtenances to the sewer shall be provided and laid in accordance with the
drawings and in the manner as specified herein. Appurtenances in addition to those required by
the drawings or the proposal, as approved or directed by the engineer, shall be paid for under the
appropriate items of the proposal.

Branches and Fittings:

                  4.5.1 Branches and fittings shall be provided and laid as and where directed. T-
         branches and Y-branches, placed in the sewer for property service connections, shall be
         located by the contractor, as directed by the engineer, at such points in the sewer so as to
         result in the property service connection having the shortest length possible between the
         sewer and property line or easement line, unless otherwise indicated on the drawing or
         directed by the engineer.

                4.5.2 All fittings at a depth of 12’ or greater shall be SDR-26 class.

Stubs:

                 4.5.3 Stubs for future sewer pipe shall be installed as indicated by the drawings. If
         the specified length of the stub is exceeded, there will be no additional cost to PUB
         unless the extra length is ordered by the engineer. Existing sewer pipe stubs shall be
         removed as required, but only when directed by the engineer.

Stacks:

              4.5.4 Stacks shall be constructed as and where directed. The height of the stack
      shall be as indicated on the drawings, set forth in the proposal, as determined by the
      engineer. The stack shall be encased in-concrete in accordance with the "Typical Sewer
      Details" drawings.
Drop Inlets:

                 4.5.5 Drop inlets to the manhole shall be constructed as and where indicated by
         the drawings of either of the types shown on the "Typical Sewer Details" drawings, as
         directed by the engineer.

Cleanouts:
               4.5.6 Cleanouts on all service laterals shall be installed at the location shown on
       the plans and in accordance with the Wastewater Construction Standards.

Manholes:

               4.5.7 Manholes shall be constructed of the type shown on the "Typical Sewer
       Details" drawings to the elevations shown on the plan-profile sheets, or as directed. The
       manholes specified shall be Glass Fiber-Reinforced Polyester Manholes for use in
       sanitary sewer applications. They shall be a one-piece unit of one class, fabricated in a
       composite laminate. Walls shall be of uniform thickness and shall be free from thin spots
       and voids. Exterior surface shall be free of ridges and sharp protrusions and
       reinforcement. Interior surface shall also be smooth and free of ridges so as to facilitate
       self-cleaning. The exterior surface shall be covered with graded sand to facilitate bonding
       to the concrete base pad, cement stabilized sand backfill and cement grout used to seal
       around all incoming lines. The main line over which the manhole cut-out will be set shall
       be fitted with a seal ring as manufactured by Johns-Manville Manufacturing or equal. The
       manholes shall conform to ASTM D. 3753-81, Standard Specifications for Glass Fiber--
       Reinforced Polyester Manholes and all noted applicable documents. Materials, method of
       manufacture and manufacturing requirements must all conform to the above mentioned
       specification. The manufacturer shall submit written certification that their product meets
       the requirements of ASTM D. 3753-81 with test results of specified manholes included.

Stoppers and Bulkheads:

               4.5.8. Open ends of pipes and branches smaller than 15 inches in diameter shall
       be sealed with stoppers, cemented into place in an acceptable manner using a rubber
       gasket between the stopper and socket. Openings 15 inches in diameter and larger shall
       be closed with brick bulkheads at least 4 inches thick or by other approved methods as
       authorized. All openings to the pipeline shall be satisfactorily protected from the entrance
       of earth, water or other material. If a temporary bulkhead is constructed to prevent
       sewage from backing into the trench excavation or to prevent foreign material from
       entering the sewer from the new sewer trench, the contractor shall be responsible for
       reconstructing, repairing, or replacing those portions of the existing sewers removed or
       damaged by his operations. Existing bulkheads shall be removed as indicated by the
       drawings or set forth in the proposal, but not until directed by the engineer.

Air Testing:

        4.6 This shall cover the testing of completed sections of installed sewer pipe using low air
pressure. The contractor shall conduct low air pressure tests on completed sections of sewer
mains. The air test results will be used to evaluate materials and construction methods on the
pipe line sections, and successful air tests shall be mandatory for the acceptance of the lines. The
Contractor shall furnish all labor and material required to complete all testing required by this
specification.

                                             TS-4-133
Materials for Air Testing:

                4.6.1 The following materials will be furnished by the contractor and utilized for
       air testing sewer mains:

                      4.6.1.1 Compressor Air Supply: Any source which will provide at least
              three hundred (300) cubic feet per minute at one hundred (100) pounds per square
              inch. The compressor air supply shall be furnished by the contractor.

                      4.6.1.2 Plugs, valves, pressure gauges, air hose, connections and other
              equipment necessary to conduct the air test shall be furnished by the contractor.
              The test equipment for air testing will consist of valves, plugs, and pressure
              gauges used to control the rate at which air flows to the test section and to monitor
              the air pressure inside the plugs. Test equipment shall be assembled as follows:

              a.      hose connection
              b.      shut off valve
              c.      throttle valve
              d.      pressure reduction valve
              e.      gauge cock
              f.      monitoring pressure gauge

Test Procedures:

              4.6.2 The following procedures will be utilized for air testing sewer mains:
                     4.6.2.1 Determine section of line to be tested.

                      4.6.2.2 Apply air pressure until the pressure inside the pipe reaches 4 psig.

                      4.6.2.3 Allow the pressure inside the pipe to stabilize, and then bleed back
              to 3.5 psig.

                        4.6.2.4 At 3.5 psig, the time, temperature and pressure will be observed
              and recorded. A minimum of five (5) readings will be required for each test. If the
              time in seconds for the air pressure to decrease from 3.5 psig to 2.5 psig is greater
              than that shown in the following table, the pipe shall be presumed to be free from
              defect. When these rates are exceeded, pipe breakage, joint leakage, or leaking
              plugs are indicated and an inspection must be made to determine the cause. The
              contractor shall affect such repairs as may be required to accomplish a successful
              air test.
Table 1 Minimum Test Time for Various Pipe Sizes

       Nominal                   T(time)                   Nominal                  T(time)
     Pipe Size, in.             min/100 ft.              Pipe Size, in.            min/100 ft.
            3                       0.2                       21                       3.0
            4                       0.3                       24                       3.6
            6                       0.7                       27                       4.2
            8                       1.2                       30                       4.8
           10                       1.5                       33                       5.4
           12                       1.8                       36                       6.0
           15                       2.1                       39                       6.6
           18                       2.4                       42                       7.3

Leakage Test:

         4.7 A leakage test may be requested by the engineer at any time to determine whether or
not there is excessive infiltration and to assure that the sewer section is substantially watertight.
The engineer may order the contractor to make leakage tests of as many sections as may be
necessary to determine whether the work complies with the criteria for the rate of leakage. A
section shall consist of a reach from one manhole to the next manhole provided the manholes are
at least 300 feet apart and preferably 400 feet. Leakage tests shall be conducted, and
measurements made, for a minimum of one hour. The tests may be conducted over a longer
period of time with no reduction in the rate of leakage.

Leakage into the Sewer:

               4.7.1 Leakage into the sewer including manholes shall not exceed a rate of 250
       gallons per 24 hours per inch diameter per mile of sewer. There shall be no gushing or
       spurting streams entering the sewer or manhole and where encountered they shall be
       repaired regardless of the rate of infiltration at no additional cost to PUB. Where
       practicable, the tests for leakage into the sewers shall be made at a time when the
       groundwater level is at a maximum, but it must be at least one foot above the top of the
       pipe of the highest elevation in the section being tested.


                                              TS-4-135
Leakage out of the Sewer:

               4.7.2 Where the groundwater level is less than one foot above the top of-the pipe
       and where conditions will permit, the sewers shall be subjected to an internal pressure by
       plugging the pipe at both ends and then filling the sewer and manholes with clean water
       to a height above the top of the pipe sufficient to obtain satisfactory measurements to
       determine the rate of leakage. The rate of leakage from the sewers may be determined by
       either the amount of subsidence in the water surface level of the amount of water required
       to maintain the original water surface level above the top of the pipe. Leakage from the
       sewers under test shall not exceed the requirement of leakage into sewers as specified in
       Section 4.7.1, except that an allowance of an additional 10 percent of gallonage shall be
       permitted for each additional 2 feet of head over a basic 2 foot minimum internal head.

Requirements of the Contractor:

                4.7.3 The contractor shall construct such weirs or other means of measurements as
       may be required, shall furnish water and shall do all necessary pumping to enable the
       tests to be properly made. When a leakage test fails, the contractor shall do such other
       work as may be necessary until the rate of leakage meets the above requirements, as
       determined by additional leakage tests.

Deflection Testing for Gravity PVC Sewer Lines:

        4.8     No sooner than 30 days, nor later than 12 months after the pipe has been installed
and backfilling has been completed, tests for deflection will be made. A deflection of more than
5 percent of the inside diameter of the pipe shall be cause for rejection, and the line will be
                                         s
removed and replaced at the contractor' expense. A GO NO-GO Deflection Testing Mandrel, to
be furnished by the contractor, and certified by the engineer, shall be used. The testing shall
consist of the following:
       1.      Completely flush the line, if required, making sure the pipe is clean of any mud or
               debris that would hinder the passage of the mandrel.
       2.      During the final flushing of the line, attach a floating block or ball to the end of the
               mandrel pull rope and float the rope through the line.
       3.      After the rope is threaded through the line, connect the pull rope to the mandrel and
               place the mandrel in the entrance of the rope.
       4.      Connect a retrieval rope to the back of the mandrel to pull it back if necessary.
       5.      Remove all slack in the pull rope and place a tape marker on the rope at the ends of the
               pipe where the mandrel will exit, determining the location of the mandrel in the line.
       6.      Using manhole guide pulleys draw mandrel through the sewer line, if any irregularity of
               pipe deformation exceeding the allowable 5 percent is encountered in the line, the line
               shall be uncovered at the point.
       7.      If an obstructed or over-deflected section is found, locate it; dig down and uncover pipe;
               inspect the pipe; if any damaged pipe is found, replace it. If pipe is not damaged, re-
               round the pipe, replace and thoroughly tamp the embedment and initial backfill; replace
               remainder of backfill.
       8.      Re-test this entire section for deflection.
       9.      Any pipe removed shall be replaced by use of gasketed repair couplings. Each and
                                                                                        s
               every deflection test shall be conducted in the presence of the owner' or engineer'    s
               representative.

The Contractor shall furnish all labor and material required to clean and flush and complete all testing
required by this specification. The owner, at their discretion, may televise the sewer lines in lieu of the
mandrel test. Televising equipment will be furnished by the owner. The contractor shall furnish labor
to assist PUB to operate televising equipment. Labor shall consist of a minimum of 2 persons.
Televising work will normally be performed during other than normal working hours, including
Saturdays and after 5 PM on weekdays.

If there are insufficient roadways within the project area, the contractor will furnish the equipment
necessary to gain full access to the site.


                                           END OF SECTION

								
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