Section I: Special Provisions

1. Developer Responsibilities

Developers constructing water distribution mains (Projects) which will be incorporated into the water systems of Public Utility District No. 1 of Clallam County (District) shall be responsible for adhering to all rules, requirements, policies, practices and regulations of the District and other agencies having jurisdiction.
Reference documents include, but are not limited to:

• Public Utility District No. 1 of Clallam County Water Service Requirements;
• Public Utility District No. 1 of Clallam County Schedule of Deposits and Charges;
• Public Utility District No. 1 of Clallam County Cross Connection Control Policy;
• Clallam County Code;
• Washington Administrative Code.

The Developer’s payment of Deposits and Charges applicable to the Project is a prerequisite for construction.

2. Installer Qualifications

Developers performing a Project in coordination with the District shall hire a responsible contractor to perform the work. The responsible contractor (Installer) shall be a licensed, bonded, and insured contractor qualified and able to perform water main public works projects in the state of Washington. In addition, the Installer shall maintain adequate insurance necessary for the proper protection of all parties including, but not limited to:

  1. Comprehensive General Liability
  2. Automobile Liability
  3. Workers' Compensation

3. Materials

All materials shall conform to the specifications contained within this document unless otherwise approved by the District. The Installer shall furnish the equipment and materials required to complete the work and shall be solely responsible for these materials and equipment including any materials supplied by the District until the Project is accepted by the District.

Any pipe, pipe fittings, plumbing fittings, fixtures, solder, or flux used in the installation shall be lead free. All materials shall conform to the ANSI/NSF Standard 61 if in substantial contact with potable water supplies. Requirements for water system materials and additives shall be in accordance with WAC 246-290-220, or the applicable code at the time of installation.

4. Storage

The Installer shall, at their own expense, secure and maintain a storage place for their materials and equipment.

5. Preconstruction Conference

A preconstruction conference shall be held at a time and place fixed by the District which will be at least one week prior to the planned construction start date. The Installer must be prepared for a thorough discussion and review, as well as revision which may be deemed necessary in the opinion of the District, of the following:

  • Completion Schedule
  • Materials List
  • Equipment List
  • Job Procedures
  • Inspection Procedures
  • Plans and Specifications
  • Shop Drawings
  • Supplemental Drawings Other Matters Pertaining to Performance of Work
  • Traffic & Safety Plan

6. Protection of Work & Property & Safety

The Installer shall continuously maintain adequate protection of the work from damage and shall protect District property from injury or loss arising in connection with the Project. Installer shall make good any such damage, injury, or loss; except such as may be directly caused by agents or employees of the District. Installer shall adequately protect adjacent property from loss or damage occasioned by performance of the work and shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority or local conditions.

The Installer shall bear the risk of loss or damage for all finished or partially finished work until the entire Project is accepted by the District.

The Installer shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes. The Installer shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workers and the public; shall post danger signs warning against known or unusual hazards; and shall designate a responsible member of their organization on the construction site whose duty shall be the prevention of accidents. The name and position of such person so designated shall be reported to the District by the Installer. The Installer shall save the District harmless from all suits and actions of any kind that result from noncompliance of all applicable safety rules and regulations.

7. Indemnity & Hold Harmless Agreement

The Installer agrees to indemnify and hold harmless the District and its agents and employees, from liability, loss, damage, injury, or death arising out of or resulting from performance by the Installer, injuring or damaging the person or property of any other person or corporation, except as otherwise limited in this paragraph. In the event of concurrent negligence or fault of the Installer, its agents, employees, or subcontractors and the District, its agents or employees, the Installer shall indemnify and hold harmless the District and its agents or employees to the extent that liability, loss, damage, injury, or death is caused by the negligence or fault of the Installer, its agents, employees, or subcontractors.

It is understood that the Installer assumes the risk of the condition of the property of the District to be worked upon or about, and the Installer agrees to indemnify the District or its agents and employees against any loss, damage, injury, or death to the person or property of Installer, its agents, employees, representatives, licensees, or invitees, resulting from any defective condition of said property, while the Installer is engaged in the performance of this work. The Installer also agrees to indemnify and hold harmless the District from any and all liens, claims, or damage of any kind or nature against or to any property of the District and resulting from or arising out of the performance by the Installer under the terms of this project.

In all claims against the District or its agents and employees, or the Installer, any subcontractor, anyone directly or indirectly employed by the Installer or any subcontractor, or anyone for whose acts the Installer or any subcontractor may be liable, the indemnification obligation under this paragraph shall not be affected by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Installer or any subcontractor under any workers' compensation act, including Title 51 RCW, any disability benefit acts, or any other employee benefit acts. The Installer and any subcontractor hereby waive, for themselves and their successors, any right to claim any such limitation as a defense, set off, or other reduction of the District's right to indemnification under this paragraph.

8. Permits, Franchises, & Easements

The Developer or Installer shall obtain and pay all franchises and easements for work. If the District determines that a franchise or easement is required which has not been provided, said franchise or easement will be a prerequisite for construction.

The Installer shall confirm that all permits, franchises, and easements are in order prior to commencing work on the portion of the job covered by such instruments.

The Installer shall comply with the Special Provisions and requirements of each permit, franchise, and easement. The Installer shall familiarize themself with all permits, franchises, and easements and with the provisions and requirements thereof. Where information regarding final requirements is not yet available, the Installer shall be responsible to determine and expect those requirements normally imposed by the applicable agency having jurisdiction.

9. Survey & Design

When the District determines that a survey is necessary for a project, the Developer shall provide a survey acceptable to the District. Surveys shall be stamped by a Licensed Professional Land Surveyor.

A construction plan set designed and stamped by a professional engineer licensed in Washington State and approved by the District is a prerequisite for construction. The District reserves the right to waive this requirement or request additional submittals, including details or shop-drawings, on a case-by-case basis. The District may require plan review and approval by other agencies having jurisdiction (i.e. municipalities, Fire Districts, Clallam County, State Department of Health, etc.).

The Developer may request that the District provide a project plan set for construction. In these instances, the Developer will be responsible for Engineering Charges in accordance with the currently effective Water Service Requirements and Schedule of Deposits and Charges.

10. Maintenance of Streets & Utilities

The Installer shall be responsible at all times for the maintenance of streets and other utilities affected by construction operations. Debris and rubbish shall not be permitted to accumulate, and all premises shall be maintained in a neat and workmanlike condition.

In the event that the Installer fails to conform to these requirements, the District shall have the right to stop work and require the Developer to hire an alternate qualified Installer to complete the work.

The Installer shall notify the State of Washington Department of Transportation Maintenance Supervisor and/or the Clallam County Department of Public Works Road Supervisor seven (7) calendar days prior to working on any public rights-of-way.

11. Suitability of Material

The Installer shall be responsible for ensuring that all materials furnished for installation are fit for the intended purposes and shall obtain warranties of suitability for intended purpose from all material suppliers.

Submittal of technical data sheets for all materials shall be sent electronically by the Installer to the District for review and approval prior to installation. The list of items for submittal includes, but is not limited to the following:

• Pipe, Fittings, & Hardware
• CDF Mixes
• Power Equipment Meter Boxes
• Asphalt and Concrete Mixes
• Erosion & Sedimentation Control Plan Valves & Valve Boxes
• Schedule of Values
• Gravel Sieve Tests
• Traffic Control Plan

12. Trade Names

Whenever any article or any class of materials is specified by a trade name or by the name of any particular patentee, manufacturer, or dealer, it shall be and is mutually understood to mean and specify the article or class of materials described, or any other equal thereto in quality, finish, and durability, and equally as serviceable for the purpose for which it is intended, subject to the favorable review and acceptance of the District. The terms "similar and equal to" and "or equal" mean equal in the judgment of the District.

If the Installer proposes to use an alternate to the material specified, a technical data sheet MUST accompany the materials submittal. The District shall be the sole judge in the question of "or equal" of any material, supplies, and/or installation technique proposed by the Installer.

13. Inspection of Work

Construction shall be inspected by a District representative (Inspector) for the purpose of quality control and quality assurance. Inspection costs are the responsibility of the Developer. A paid deposit on inspection costs is a prerequisite for construction.

During construction the Inspector will make periodic visits to the job to witness and document the progress and quality of the work. The District will carry out reasonable inspections of the work to determine if it is proceeding in accordance with the District’s requirements.

Final accounting of the inspection costs will be in accordance with the Water Service Requirements and Schedule of Deposits and Charges.

14. Construction Work Hours

The Installer shall confine hours of work to that of District. Weekend and/or holiday work will be allowed only by prior approval of the District.

These time limits shall not be sufficient reason to allow a dangerous or potentially dangerous condition to exist overnight or through the weekend. The District shall be notified if emergency work is to be done outside the normal work hours.

Additional inspection costs required by the District for after-hours, weekend, holiday, and emergency work will be computed on a double-time rate and added to the inspection fees for the Project.