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SS9402-CN 950510
CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE t~ IV AND BETHEL ROAD SS 94-02 , FOR THE CITY OF COPPELL MAY, 1995 CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE III, IV AND BETHEL ROAD SS 94-02 FOR THE CITY OF COPPELL MAY, 1995 95Dll SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE III, IV, AND BETHEL ROAD SS94-02 THE CITY OF COPPELL, TEXAS SECTION NO. SUBJECT TABLE OF CONTENTS 00005-1 PAGES DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00005 00020 00100 00301 00500 00700 00805 TABLE OF CONTENTS INVITATION TO BID INSTRUCTION TO BIDDERS BID FORM AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS 1 3 15 19 19 42 15 DIVISION 1 - GENERAL REQUIREMENTS 01010 SPECIFIC PROJECT REQUIREMENTS 01060 SPECIAL PROVISIONS 7 3 DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020-1 95F02 SECTION 00020 INVITATION TO BID NOTICE TO BIDDERS The City of Coppell is accepting bids for Sanitary Sewer Improvements for Grapevine Creek III, IV, and Bethel Road - SS 94-02. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas for Grapevine Creek III, IV, and Bethel Road - SS 94-02 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until 2:00 o.m. on Thursday, July 6. 1995, and then publicly opened and read aloud. Each Bidder shall submit two identical copies of this bid with the City of Coppell Bid No. Q-0595-02 designated clearly on the exterior of the bid envelope. GENERAL DESCRIPTION OF WORK See Section 01010 for summary of work. TYPE OF BID Bid shall be on a firm unit price basis for each of the Bid Items identified in the Bid. DOCUMENT EXAMINATION AND PROCUREMENTS The Contract Documents may be examined at the following locations: Office of City Engineer 255 Parkway Boulevard Coppell, Texas 75019 Copies of the Contract Documents may be purchased from the Issuing Office which is as follows: Purchasing Office 255 Parkway Boulevard Coppell, Texas 75019 Attn: Telephone: (214) 462-002 The cost of Contract Documents is: Set of Contract Documents with full size drawings: $25.00. No partial sets of Specifications or Drawings will be issued. Refund Policy: No refund for any Contract Documents will be made. BID SECURITY 00020-2 Each Bid shall be accompanied by bid security as described in Section 00100 - Instructions to Bidders. CONTRACT SECURITY The successful BIDDER will be required to furnish performance and payment bonds as described in Section 00700 - General Conditions. PREBID CONFERENCE A prebid conference will be held as described in Section 00100 - Instructions to Bidders. CONTRACT TIME The Contract Time is defined in Section 00700 - General Conditions, and specified in Section 00500 - Agreement. QUALIFICATION OF BIDDERS Requirements concerning the qualifications of BIDDERS are described in Section 00100 - Instructions to Bidders. Bidders are expected to inspect the site of the work and to inform themselves regarding local conditions and conditions under which the work is to be done. OWNER'S RIGHT TO REJECT BIDS The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. The City of Coppell reserves the right to waive irregularities and to reject bids. OTHER REQUIREMENTS NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR MADE A PART OF THE PROJECT. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. (Note: This procedure may not be used, however, for materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The Contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall shew the cost of materials {tangible personal property) in the space provided on the bid form. The successful bidder's form will be used to develop a separated contract and determine the extent of the tax exemption. END OF SECTION 00020-3 00100-1 95F02 SECTION 00100 INSTRUCTIONS TO BIDDERS I. Defined Terms. Terms used in these Instructions to Bidders, which are defined in Section 00700 - General Conditions, have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1. BIDDER--one who submits a Bid directly to OWNER as distinct from a sub-bidder, who submits a bid to a BIDDER. 1.2. Issuing Office--the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. The Issuing Office is the City of Coppell Office of Purchasing. 1.3. Successful BIDDER--the lowest, responsible and responsive BIDDER to whom OWNER {on the basis of OWNER's evaluation as hereinafter provided) makes an award. 1.4. Other terms used in the Bidding Documents and not defined elsewhere have the following meanings which are applicable to both the singular and plural thereof: 1.4.1. OWNER--Whenever the word "OWNER" is used in the specifications and Contract Documents, it shall be understood as referring to the City of Coppell, Texas. 1.4.2. ENGINEER--Whenever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authorized representative, City of Coppel), P.O. Box 478, Coppell, Texas 7501g. 1.4.3. INSPECTOR--The authorized representative of the City of Coppell assigned to observe and inspect any or all parts of the work and the materials to be used therein. 2. Copies of Bidding Documents. 2.1. Complete sets of the Bidding Documents in the number and for the price stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 00100-2 2.3. OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 2.4. No bidding documents will be issued later than two (2) days prior to the bid opening date. 3. Qualifications of BIDDERS. 3.1. To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within $ days after Bid opening, upon OWNER's request, detailed written evidence, such as financial data, current project experience, previous experience, present commitments, and other such data as may be called for below (or elsewhere in the Contract Documents}. Each Bid must contain evidence of BIDDER's qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. 3.2. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%} of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each BIDDER before submitting a Bid to: 4.1.1. Examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). 4.1.2. Visit the site to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. Site visits have to be scheduled. Telephone Mr. Garreth Campbell at {phone number) 214-304-3685 to make an appointment. OO1OO-3 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Study and carefully correlate BIDDER's knowledge and ~' observations with the Contract Documents and such other related data. 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. 4.1.6. Failure to make these examinations shall in no way relieve any BIDDER from the responsibility of fulfilling all of the terms of the Contract, without additional cost to the OWNER. When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract Documents and/or other related documents, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER shall include in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 4.2. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owner of such Underground Facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 00100-4 4.3. Before submitting Bid, each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.4. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.5. Reference is made to Division 1 - General Requirements, Section 01010 - Specific Project Requirements, for the identification of specific project requirements and the general nature of Work that is to be performed. 4.6. The submission of a Bid will constitute an incontrovertible representation by BIDDER (i) that BIDDER has complied with every requirement of this Article 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any} that may be shown or indicated or expressly required by the Contract Documents, (iii} that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by ENGINEER are acceptable to BIDDER, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost, and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.7. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, 00100-5 construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. 6. Interpretations and Addenda. 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to the Issuing Office in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Purchasing Agent as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER. 6.3. 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 to the contract will be made in writing by the Owner. 7. Bid Security. 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified or bank check or a Bid Bond, issued by a surety meeting the requirements of paragraph 5.1. of the General Conditions. 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, furnished the required contract security and certificates of insurance and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 10 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that BIDDER will be forfeited. The Bid security of other BIDDERS whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the 7th day after the Effective Date of the Agreement or the 36th day (time period for award plus 1 day) after the Bid opening, whereupon Bid security furnished by such BIDDERS will be returned. Bid security with Bids which are not competitive will be returned within 10 days after the Bid opening. 7.3. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 00100-6 8. Contract Times. The number of days within which, or the dates by which, the Work is to be completed and also completed and.ready for final payment is set forth in the Agreement or incorporated therein by reference to the attached Bid form. 9. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. Substitute and "Or-Equal" Items. The Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the drawings or specified in the Specifications that a "substitute" or "or-equal" item of material or equipment may be furnished or used by CONTR. ACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTPJkCTOR and consideration by ENGINEER is set forth in Paragraphs 6.7.1., 6.7.2. and 6.7.3. of the General Conditions and may be supplemented in the General Requirements. Consideration shall be after award. Written requests shall be from the CONTRACTOR only. 11. Subcontractors, Suppliers and Others. 11.1. If the Owner requests the identity of certain Subcontractors, Suppliers and other persons and organizations to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful BIDDER, and any other BIDDER so requested, shall within seven (7) days after Bid opening submit to OWNER a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by OWNER. If the OWNER, after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful BIDDER to submit an acceptable substitute. If apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any BIDDER. 00100-7 11.2. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against whom CONTRACTOR has reasonable objection. 12. Bid Form. 12.1. Two (2) completed Bid Forms must be submitted in a sealed envelope as described in Item 13. The blank spaces in the Bid Forms shall be filled in for each item for which a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. 12.2. All blanks on the Bid form must be completed by printing in black ink or by typewriter. No substitutions, revisions, or omission from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The Bid shall contain an acknowledgement of receipt of all Addenda {the numbers of which must be filled in on the Bid form). 12.7. The address and telephone number for communications regarding the Bid must be shown. 12.8. If the bid is signed by a attorney-in-fact, there shall be attached to th~ bid a power of attorney evidencing authority to sign the bid, executed by the members of the firm, partnership or individual. 12.g. Bids containing any conditions which provides for changes in the stated bid prices due to increase or decrease in the costs of materials, labor, or other items required for this project, may be rejected and returned to the BIDDER without being considered. 12.10. The quantities listed in the Bid Form will be considered as approximate and will be used for comparison of bids. Payments will be made to the CONTRACTOR only for the actual quantities of work performed or materials furnished in accordance with the Contract. The quantity of work to be done and the materials may 00100-8 be increased or decreased as provided for in the Contract Documents. 13. Description of Pay Items This item includes comments concerning various Pay Items in order that the Contractor can fully understand the scope of work involved in the Pay Items. Further information is provided in the City of Coppell standard details relative to some pay items. 13.1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: {a} any headwalls, curb or alley replacement necessitated by removal or damage during construction, {b) removal and replacement of any signs, {c) saw cutting, (d) clearing and grubbing, (e} mobilization, (f) protection of trees, {g) signage, (h) protection of work completed, (i) repairing of fences, walls or other structures, (j) temporary drainage, (k) watering of grass, (1) protection, removal, replacement of repair of sprinklers. 13.2. Construction Pay Items: Pay Items as listed in the proposal shall be measured and paid for in accordance with the applicable measurement and payment paragraphs of the North Central Texas Council of Governments "Standard Specifications for Public Works Construction," unless modified by the Construction Specifications. 13.2.1. Pay Items No. 1 and 2: This work shall consist of furnishing and placing 6" and 8" Ductile Iron Class $0 sewer siphon pipe. All ductile iron shall receive 8 MIL polyethylene encasement. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings and polywrap associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.2. Pay Items No. 4, 5, 7, 8, I0, 11, 14, 15, 16, 17 & 18: This work shall consist of furnishing and placing 8", 10", 12" and 15" SDR-35 PVC sewer pipe. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 00100-9 13.2.3. Pay Item No. g: This work shall consist of furnishing and placing 12" SDR-26 PVC sewer pipe. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.4. Pay Items No. lg, 20 and 21: This work shall consist of furnishing and placing 4FT, 5FT and 6FT diameter standard manholes, respectively, per the City of Coppell standard details. Manholes shall be complete with cast iron frame and cover. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with the manhole installation. Measurement and payment shall be made of the contract price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.5. Pay Items No. 22, and 23: This work shall consist of furnishing and placing 4FT and 5FT diameter standard manholes, respectively, per the City of Coppell standard details. Manholes shall be complete with drop inlet and shall include cast iron frame and cover. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with the manhole installation. Measurement and payment shall be made of the contract price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.6. Pay Item No. 27: This work shall consist of furnishing and placing 20" diameter dry bore. Bore shall not include casing. Installation s'hall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with bore installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.7. Pay Item No. 28: This item shall consist of furnishing and placing 20' diameter encasement pipe. Type and wall thickness shall be in conformance with the City of Coppell standard details, North Central Texas Council of Governments and these specifications. 00100-10 Measurement and payment shall be made per contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.8. Pay Item No. 29: This work shall consist of completing the abandonment of existing sewer manhole. Abandonment shall be in accordance with these specifications, City of Coppell standard details, and addenda thereto. The bid price shall include any incidentals associated with abandonment. Measurement and payment shall be made of the contract price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.9. Pay Item No. 30: This work shall consist of completing the abandonment of existing sewer clean out. Abandonment shall be in accordance with these specifications, miscellaneous details, and addenda thereto. The bid price shall include any incidentals associated with abandonment. Measurement and payment shall be made of the contract price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.10. Pay Item No. 31: This work shall consist of furnishing and placing 6" Class "B" concrete encasement. Encasement shall be placed the full trench width and shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with concrete placement. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.11. Pay Item No. 32: This work shall consist of removal and replacement of 8" concrete pavement associated with sewer installation. Pavement shall be replaced in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with concrete pavement replacement. Measurement and payment shall be made of the contract price bid per linear foot at trench locations and contract price per square yard excavation locations. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.12. Pay Item No. 33: This work shall consist of removal and replacement of concrete driveways associated with sewer installation. Oriveways shall be replaced in accordance with these specifications and addenda thereto. The bid price shall include any incidentals 00100-11 associated with concrete driveway construction. Measurement and payment shall be made of the contract price per square yard. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.13. Pay Item No. 34: This work shall consist of removal and replacement of 4FT wide concrete sidewalks. Sidewalks shall be replaced in accordance with these specifications, City of Coppell standard details, and addenda thereto. The bid price shall include any incidentals associated with construction. Measurement and payment shall be made of the contract price per linear foot. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.14. Pay Item No. 35: This work shall consist of removal and replacement of asphaltic concrete pavement. Pavement shall be replaced to the thickness and widths indicated and shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with construction. Measurement and payment shall be made of the contract price per linear foot. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. The City is currently exploring the possibility of having Dallas County perform this work. Therefore, Bid Item 35 may not be awarded with this contract. If not awarded, there willnot be any adjustment in other bid items. Also if not awarded, the installation of the sanitary sewer line will be in accordance with Detail No. 2 provided in the plans.%Any damage outside the limits of work to t.he existing asphalt roadway will be the responsibilit.y of.the C. ontr.ac.~?r to repair prior to Dall/as County performing th~suograoe and aspnam,.~. overlay work. L ~C,_.~ ~ ~on,o ~ ~.JCj 13.2.15. Pay Item No. 36: Th~s work sha!l consist or removal and. replacement of concrete rip-rap to the original thickness, line and fade Rip-rap shall be replaced in accordance with these gsneci~ications and addenda thereto. The bid price shall include any .c~ ,s,oc a ed on. Measurement and payment shall be made of the contract price per s uare ard. Contract orlces shall be total compensation for fuqrnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.16.. Pay Item No. 37: This wo.r.k shall consist of rep. lacement of landscaping of various types to orlglna. 1 or be. tter conditlon..~. .. Landscaoinq shall be replaced in accordance w~th these.spec~tlc.ac~ons and add~nd~ thereto. The bid price shall include any incidentals 00100-12 associated with construction. Measurement and payment shall be made of the contract price per lump sum. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.17. Pay Item No. 38: This item consist of Trench Excavation Safety and Support for trench excavation in association with sewer construction. Trench safety and support shall be in accordance with the Occupational Safety and Health Administration Standards 1926.652 "Requirements for Protection Systems". Trench Excavation Safety and Support shall measured along the centerline of the trench where trench is sloped to maintain angle of repose, a trench box is utilized or trench is shored. 13.2.18. Pay Item No. 3~ For furnishing and maintaining Traffic Control signage, barricading, and other controls necessary during and through completion of construction as approved by the City of Coppell's representative and in accordance with the "Texas Manual on Uniform Traffic Contro. 1 Devices.' The bid price shall jn.clude ail incidentals associated w~th traffic control construction.'~L ~(F~ ~ Traffic control payment shall be made of the contract price bid per lump sum and shall be total compensation for furnishing all labor, materials, tool s, equipment and any incidentals necessary to complete the work. 13.2.19. Pay Item No. 40: This item shall consist of locating existing services and reconnecting same to the new sewer line as shown on the plans, in accordance with the City of Coppell standard detai)~, or as directed by the City Engineer. The bid price shall i~iclude all incidentals such as, but not limited to, excavation, ~backfill, embedment, paving and landscape repair. Measure~mbnt and payment shall be made at the contract price per each. 13.'§. Clean-up: Clean-up of the site shall be considered incidental ..~b and part of the various other bid prices without separate payment. 14. Submission of Bids. Bids shall be submitted on the prescribed Bid form, provided with the Bidding Documents, at the time and place indicated in the Invitation to Bid, addressed to the Purchasing Agent of the C~ty of Coppell, Texas, and shall be enclosed in an opaque sealed envelope, marked with the Project title and the name and address of BIDDER, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED, SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE III, IV, AND BETHEL ROAD -- SS 94-02" on the face of it and addressed to the 00100-13 Purchasing Agent, City of Coppell, Texas. 15. Modification and Withdrawal of Bids. 15.1. Bids may be modified or withdrawn by an appropriate document duly executed {in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 15.2. If, within 24 HRS after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16. Opening of Bids. Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. 17. Rejection of Bids. Bids may be rejected if the show alterations of form, additions not called for, condition bids, incomplete bids, erasures or irregularities of any kind. The Owner reserves the right to waive any irregularities in the bids as received and to reject any and all bids without qualification(s). More than one bid from an individual, firm or partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that a Bidder is interested in more than one such bid may cause the rejection of all bids in which the said Bidder is interested. Bids in which prices are obviously unbalanced may be rejected. 18. Bids to Remain Subject to Acceptance. All Bids will remain subject to acceptance for ninety (gO) days after the day of Bid opening, but OWNER may, in sole discretion, release any Bid and return the Bid security prior to that date. lg. Award of Contract. 19.1. OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to' make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the 00100-14 Successful BIDDER. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Any or all bids will be rejected if OWNER has reason to believe that collusion exists among the BIDDERS. 19.2. In evaluating Bids, OWNER will consider the qualifications of BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid form or prior to the Notice of Award. lg.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 19.5. If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 19.6. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within ninety (gO) days after the day of the Bid opening. No other act of OWNER or others will constitute acceptance of a Bid. 19.7. This agreement will be governed and constructed according the the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 20. Contract Security. Paragraph 5.1. of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 00100-15 21. Signing of Agreement. When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by three {3} unsigned counterparts of the Agreement. Within fifteen {15) days thereafter CONT~CTOR shall sign and deliver three {3) counterparts of the Agreement to OWNER with the required Bonds and certificates of insurance. Within ten (10) days thereafter OWNER shall deliver one fully signed counterpart to CONTP~ACTOR. 22. Prebid Conference. A prebid conference will be held at 2:00 p.m. on the 15th day of June, 1995 at Coppell Town Center. Representatives of OWNER and ENGINEER will be present to discuss the Project. BIDDERS are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective BIDDERS of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 23. Notice to Proceed. Upon execution of the Contract, the Owner will issue a written Notice to Proceed to the Contractor requesting that he proceed with the construction. The Contractor shall commence work within ten {10} calendar days after the date of Notice to Proceed. 24. Sales Taxes. The bidder shall not include or provide for sales tax on tangible personal property to be incorporated into the project. In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor will an exemption certificate for the materials. 25. Affidavit of Bills Paid. Prior to final acceptance of this project by the Owner, the Contractor shall execute an affidavit for all bills for labor, materials, and incidentals incurred in the project construction have been paid in full, and that there are no claims pending. END OF SECTION 95C27 SECTION 00301 BID FO~ 00301-1 PROJECT IDENTIFICATION:Sanitary Sewer Imorovements for Graoevine III. IV and Bethel Road. CONTI~ACT IDENTIFICATION: $$ 94-Q~ THIS BID IS SUBMITTED TO: Purchasinq Aqent. City of CoDoell. Texas 255 Parkway Boulevard. CooDell. Texas 75019. herein after referred to as OWNER. City of Coppell Bid No: Enter Into Agreement. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Accepts. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (gO) days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. BIDDER's Representations. In submitting this Bid, BIDDER represents, forth in the Agreement, that: as more fully set BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Number and Date) ADDENDA NO. DATE 00301-2 b. BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by ENGINEER as described in the Instructions to Bidders, because of insufficient time or otherwise, BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in confOrmitywith any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDOER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 4. Bid Prices. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with paragraph 11.8. of the General Conditions. UNIT PRICE BIO FOR CITY OF COPPELL SEWER IMPROVEMENTS SECTION I - GILAPEVINE III ITEM ESTII~ATED NO. QUANTITY UNIT DESCRIPTION AND PRICE IN WORDS UNIT TOTAL PRICE AMOUNT 1-4 N/A N/A NOT USED 5 171 LF For furnishing and placing 8" PVC sewer (15'-20"), complete in place, the sum of OOLLARS AND CENTS per linear foot. 6-13 N/A N/A 14 206 LF NOT USED For furnishing and placing 15' SDR-3$ PVC sewer (0~-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. 00301-3 00301-4 16 16 17 18 19 2O 2] 2652 1136 259 100 8 1 LF LF LF LF EA EA EA For furnishing and placing 15" SDR-35 PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (15'-20' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (20'-25' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (25'-30' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 6 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. 22 N/A N/A NOT USED 00301-5 23 24-26 27 28 29 30-31 32 33 718 718 N/A 12 188 EA For furnishing and placing 5 FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. N/A LF LF NOT USED For furnishing and placing 20" diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 20" diameter casing pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. EA For abandonment of standard sewer manhole, complete in place, the sum of OOLLARS AND CENTS per each. N/A SY NOT USED For removal and replacement of 8" reinforced concrete pavement, complete in place, the sum of DOLLARS AND CENTS per square yard. SY For removal and replacement of reinforced concrete driveway, complete in place, the sum of DOLLARS AND CENTS per square yard. 00301-6 34 835 LF For removal and replacement of reinforced concrete 4 FT wide sidewalk, complete in place, the sum of OOLLARS AND CENTS per linear foot. 35-36 N/A N/A 37 1 LS NOT USED For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. 38 3555 LF For Trench Excavation Safety and Support, complete in place, the sum of OOLLARS AND CENTS per linear foot. 3~L~ 1 LS For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. 40 8 EA For furnishing and placing 8" PVC sewer services, complete in place, the sum of OOLLARS AND CENTS per each. SECTION I - GRAPEVINE III TOTAL BID FOR ALL UNIT PRICES: (use words) ($ ) (use figures) 00301-7 SECTION II - GRAPEVINE ITEM ESTIMATED NO. QUANTITY UNIT 1 215 LF 2 215 LF 3 N/A N/A 4 13 LF 5-9 N/A N/A 10 557 LF 11 1565 LF IV DESCRIPTION AND PRICE IN WORDS For furnishing and placing 6" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 8" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 8" SDR-35, PVC sewer (19'-15" depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. NOT USED For furnishing and placing 12" SDR-35, PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 12" SDR-3$, PVC sewer {10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. UNIT TOTAL PRICE AMOUNT 00301-8 12 13-18 19 20-23 24 25 26 27 580 N/A 8 N/A 316 LF For furnishing and placing 12" SDR-35, PVC sewer (15'-20' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. N/A NOT USED EA For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. N/A NOT USED EA For furnishing and placing 4 FT diameter Type "S" manhole, complete in place, the sum of DOLLARS AND CENTS per each. EA For furnishing and placing 5 FT diameter Type "S" manhole, complete in place, the sum of DOLLARS AND CENTS per each. EA For furnishing all labor, materials and incidentals required to complete Siphon structure per contract requirements, complete in place, the sum of DOLLARS AND CENTS per each. LF For furnishing and placing 20" diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. 00301-9 28 29 30-31 32 33-35 36 37 38 316 83~ 2601 LF For furnishing and placing 20" diameter casing pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. EA For abandonment of standard sewer manhole, complete in place, the sum of DOLLARS AND CENTS per each. N/A NOT USED LF For removal and replacement of 8" reinforced concrete pavement, complete in place, the sum of DOLLARS AND CENTS per square yard. N/A NOT USED SY For removal and replacement of 6" reinforced concrete Rip-Rap, complete in place, the sum of DOLLARS AND CENTS per square yard. LS LF For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. For Trench Excavation Safety and Support, complete in place, the sum of DOLLARS AND CENTS per linear foot. 00301-10 For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. 40 4 EA For furnishing and placing 8" PVC sewer services, complete in place, the sum of DOLLARS AND CENTS per each. SECTION II - GP~APEVINE IV TOTAL BID FOR ALL UNIT PRICES: (use words) ($ (use figures) SECTION III - BETHEL ROAD ITEM ESTIMATED DESCRIPTION AND NO. QUANTITY UNIT PRICE IN WORDS I 110 LF For furnishing and placing 6" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 2 110 LF For furnishing and placing 8" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 3 13 LF For furnishing and placing 8" SDR-35, PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. UNIT TOTAL PRICE AMOUNT 00301-11 4 5-6 7 8 9 10 11 12-18 2314 1648 15 892 2477 N/A LF N/A LF LF LF LF LF N/A For furnishing and placing 8" SDR-35, PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. NOT USED For furnishing and placing 10" SDR-35, PVC sewer (0'-I0' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 10" SDR-35, PVC sewer depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 12" SDR-26, PVC sewer (0'-5' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 12" SDR-35, PVC sewer (5'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and plmcing 1Z' SDR-3$, PVC sewer {I0'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. NOT USED 00301-12 19 2O 21 22 23 24 25 26 13 N/A 4 N/A ! EA EA N/A EA EA N/A EA EA For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 4 FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 5 FT diameter Type "S' manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing all labor, materials and incidentals required to complete Siphon structure per contract requirements, complete in place, the sum of DOLLARS AND CENTS per each. 00301-13 27 28 15 15 LF For furnishing and placing 20" diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. LF For furnishing and placing 20" diameter casing pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 29 3O 31 32-34 35 36 48 6998 7 EA For abandonment of standard sewer manhole, complete in place, the sum of DOLLARS AND CENTS per each. EA For abandonment of sanitary sewer clean out, complete in place, the sum of DOLLARS AND CENTS per each. LF For placement of 6" Class "B" concrete embedment across entire trench width, complete in place, the sum of DOLLARS AND CENTS per each. N/A NOT USED LF For removal and replacement of asphaltic concrete pavement, complete in place, the sum of DOLLARS AND CENTS per linear foot. SY For removal and replacement of 6" reinforced concrete Rip-Rap, complete in place, the sum of DOLLARS AND CENTS per square yard. *See Description Page 00100-11 Section 13.2.1 00301-14 37 1 LS For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. 38 7346 LF For Trench Excavation Safety and Support, complete in place, the sum of DOLLARS AND CENTS per linear foot. 3 g~q~ I LS 40 18 EA For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. For furnishing and placing 8" PVC sewer services, complete in place, the sum of DOLLARS AND CENTS per each. SECTION III - BETHEL ROAD TOTAL BID FOR ALL UNIT PRICES: (use words) ($ ) (use figures) 00301-15 COMBINATION OF SECTIONS The undersigned Bidder hereby agrees to accept an award of contract based on any individual section. However, if awarded two or more sections, the undersigned Bidder agrees to deduct from all prices named in those sections the following amounts: If Awarded: Combination of Sections I and II, deduct Combination of Sections II and III, deduct Combination of Sections I and III, deduct Combination of Sections I, 1I, and III, deduct dollars. dollars. dollars. dollars. TOTAL BID FOR ALL UNIT PRICES (use words) ($ ) (use figures) Unit Prices have been computed in accordance with paragraph 11.9.2. of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Completion. BIDDER agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.13. of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. Attached Documents. The following documents are attached to and made a condition of this Bid: a. Required Bid Security in the form of 8. Other Requirements. Address for Communications. 00301-16 a. Communications concerning this Bid shall be addressed to Purchasing Office 255 Parkway Boulevard Coppell, Texas 75019 ~ b. BIDDER agrees that all Work awarded willie completed within Calendar Days. Contractor~k~tme will commence to run as provided in the Contract Documents. c. Communications concerning this Bid shall be to the address of BIDDER indicated on the applicable signature page. BIDDER understands that the Owner is exempt from State Limited Sales and Use Tax on tangible personal property to be incorporated into the project. Said taxes are not included in Contract Price (See Instructions to Bidders). The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED on , lg -- 00301-17 PREVAILING WAGE RATE FOR PUBLIC WORKS PROJECTS: The City shall ascertain the general prevailing rate of wages for each craft of type of workman, or mechanic needed to execute this contract and shall specify in the call for bids of this contract what the general prevailing rate of wages is sin the City of Coppell. The City shall also specify the prevailing rate for legal holiday and overtime work. The contractor must pay the said specified rate to all laborers, workmen, and mechanics employed by him or any subcontractor under him in the execution of this contract. The City of Coppell resolution regarding prevailing wages follows this section. PENALTY FOR VIOLATION: The contractor or subcontractor in violation of these rules is liable to the City for a penalty of Sixty Dollars ($60.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, that such laborer, workman, or mechanic is paid less than the stipulated rates for any work done under this contract. The money collected shall be used to offset the costs of administering these requirements. If the City receives a complaint by a laborer, workman, or mechanic it shall determine within thirty (30) days after receipt whether good cause exists to believe that the contractor or any subcontractor has committed a violation of these specifications. The City shall provide written notice of its determination to the contractor or subcontractor andy any affected laborer, workman, or mechanic, the City shall retain any amounts due under the contract pending a final determination. If the contractor or subcontractor and any affected laborer, workman, or mechanic fail to resolve the alleged violation by agreement within fourteen (14) days of the determination by the City, the issues of the alleged violation, any penalties owed to the public body, and any amounts owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General Arbitration Act. If the parties fail to agree upon an arbitrator within ten (10) days, the arbitrator shall be designated by the District Court upon petition of any party. The decision and award of the arbitrator is f'mal and binding upon all parties and may be enforced in any court of competent jurisdiction. The City shall not be a party in the arbitration. ARBITRATION: The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the party or parties who fail to prevail in the proceeding. Costs may be assessed against the laborer, workman, or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared equally by the parties. If the arbitrator determines that a violation of the specification has occurred, the arbitrator shall assess and award penalties as provided in the Act and all amounts awed to the affected laborer, workman, or mechanic against the contractor or subcontractor. The City shall use any amounts retained under this provision to reimburse the laborer, workman, or mechanic for the amount owed to that person because of the failure to pay the person the general prevailing rate of wages as provided in the arbitrator's award. If the amounts withheld by the City are insufficient to fully reimburse the laborer, workman, or mechanic for amounts owed, the person has a right of action against the contractor or subcontractor and the surety of that person to recover any amounts owed. 00301-18 BID AFFIDAVIT The undersigned certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared who after being by me Name duly sworn, did depose and say: Name Name of Firm foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line oc business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Telephone: ( ) by: Title: .Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of 1994. Notary Public in and for the State of 00301-19 If BIDDER IS: An Individual By (Seal) doing business as Business address (Individual's Name) PhoneNo. A Partnership By .(Seal) (Finn Name) (General Partner) Business address Phone No. A Corporation By (Corporation Name) (State of Incorporation) (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By By (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) ~ OF SFMf.tON A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ~-~ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING SURVEYS OF THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE CITY FOR BUILDING TRADES AND FOR PUBLIC WORKS PROJECTS; DETERMINING THAT SUCH PREVAILING WAGE RATE SURVEYS ARE BASED UPON THE WAGES RECEIVED BY THE CLASSES OF LABORERS AND MECHANICS EMPLOYED ON PROJECTS OF A CHARACTER SIMILAR TO THE CONTRACT WORK IN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 5159a, Vernon's Texas Civil Statutes, requires the City to ascertain the general prevailing rate of per diem wages in the City for work to be performed for each craft or type of workman or mechanic needed to execute City contracts; and WHEREAS, the Association of General Contractors has conducted a survey of building trade wage rates in Dallas Comhty, Texas, which can be used for building construction projects; and WHEREAS, the United States Department of Labor has prepared a survey of wage rates for public works projections; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the prevailing wage rate survey for building trades in Dallas County, prepared by the Association of General Contractors, be, and the same is hereby, adopted as the general prevailing rate of per diem wages in the City of Coppell for building trades. A true and correct copy. of the Association of General Contractors wage rate survey is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the prevailing wage rate survey conducted by the United States Department of Labor for public works projects be, and the same is hereby, adopted as the general prevailing rate of per diem wages for public works projects in the City. A true and correct copy of the United States Department of Labor wage rate survey is attached hereto as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. That in the event of any conflict between the prevailing wage rates stated in the adopted surveys for a particular trade or position, the higher rate for that trade or position shall be applied. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of Coppell, Texas, this the [: '-Z~day ,1994. APPROVED: TOM MORTON, MAYOR ATrEST: /9 s...q r'. CITY SECRETARY APPROVED AS TO FORM: PETER G. SMIT~, CITY ATTORNEY General Decision Number TX930034 Superseded General Decision No. TX910034 State: TEXAS Construction Type: Heavy County(ies): DALLAS Heavy Construction, Including Treatment Plants (Does not include water/sewer lines) Modification Number 0 Publication Date 02/19/1993 COUNTY (ies) : DALLAS ASBE0021C 05/01/1989 Rates Fringes ASBESTOS WORKERS 15.50 3.19 ELEC0059C 06/01/1990 Rates Fringes ELECTRICIANS 17.10 1.60+9% CABLE SPLICERS 18.81 1.60+9% ELEC0059D 06/01/1990 Rates Fringes LINEMEN 17.10 1.60+9% ENGI0714A 06/01/1991 CRANES: Heavy - hydraulic & conventional cranes 50 tons and over Rates Fringes 14.65 2.60 Light - hydraulic & conventional cranes up to 50 tons 13.65 2.60 IRON0481B 01/01/1992 Rates Fringes IRONWORKERS: Reinforcing & Structural 13.61 4.02 PLUM0100B .05/01/1992 Rates Fringes PLUMBERS 17.18 $ 2.63 SHEE0068B 05/01/1990 Rates Fringes SHEET METAL WORKERS 16.905 2.00 SUTX2034A 09/18/1991 Rates HEAVY CONSTRUCTION, INCLUDING TREATMENT PLANTS (DOES NOT INLCUDE WATER/SEWER LINES) Fringes CARPENTERS 10.536 CONCRETE FINISHERS 9.603 FORM BUILDERS 8.036 FORM SETTERS 9.578 LABORERS: Common 6.379 Utility 6.974 PIPELAYERS 7.961 POWER EQUIPMENT OPERATORS: Backhoe 10.971 Bulldozer 9.942 Front end loader 10.771 Mechanic 9.880 Motor Grader 11,633 oiler 9.183 Scraper 8.000 TRUCK DRIVERS 7.465 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 (29 CFR 5.5(a) l(ii)). END OF GENERAL DECISION General Decision Number TX930045 Superseded General Decision No. TX910045 State: TEXAS Construction Type: Heavy Highway County(ies): COLLIN GRAYSON ROCKWALL DALLAS JOHNSON TARRANT DENTON KAUFMAN WICHITA ELLIS PARKER HEAVY AND HIGHWAY CONSTRUCTION PROJECTS IN WICHITA COUNTY ONLY. HIG~4AY CONSTRUCTION PROJECTS ONLY FOR REMAINING cOUNTIES Modification Number 0 Publication Date 02/19/1993 TX930045 1 BULLDOZER, 150 HP & LESS BULLDOZER, OVER 150 HP CONCRETE PAVING CURING MACHINE CONCRETE PAVING FINISHING MACHINE CONCRETE PAVING FORM GRADER CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAIVNG FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER PAVING SUB-GRADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER CRUSHER OR SCREENING PLANT OPERATOR FORM LOADER FOUNDATION DRILL OPERATOR CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FOUNDATION DRILL OPERATOR HELPER-TRUCK / CRAWLER FRONT END LOADER 2 1/2 C.Y. & LESS FRONT END LOADER OVER 2 1/2 C.Y. HOIST - DOUBLE DRUM MILLING MACHINE OPERATOR MIXER (OVER 16 C.F.) MIXER (16 C.F. & LESS) MIXER - CONCRETE PAVING MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADE OPERATOR PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER-17 C.Y. & LESS SCRAPER-OVER 17 C.Y. SIDE BOOM TP~ACTOR-CRAWLER TYPE 150 HP & LESS TRACTOR-CRAWLER TYPE OVER 150 HP TRACTOR-PNEUMATIC TRAVELING MIXER TRENCHING MACHINE-LIGHT TX930045 - 3 8.703 9 160 8 213 9 453 8 500 9 042 7 35O 7 875 9 290 9.750 9.000 9.000 9.513 10.517 9.500 12.000 10.000 11.138 8.688 8.823 9.311 8.917 6.650 9.000 7.913 9.500 10.346 9.891 6.402 8.339 7.963 7.403 8.138 8.205 7.793 8.448 8.873 7.735 7.615 8.188 WORTH AG~ I~ALI. J~ AGe PREVA~ ~NG WAGES FOR DA~ t AS COUNTY 00500-1 95F02 SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 1995 by and between the CITY OF COPPELL, TEXAS, a municipal corporation, (hereinafter called OWNER) and , {hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Sanitary Sewer Improvements for Grapevine III, IV, and Bethel Road, SS 94-02 Article 2. ENGINEER Wherever the word "ENGINEER" is used in the specifications and Contract Documents, it shall be understood as referring to the City Engineer or his authoritzed representative. The ENGINEER shall act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. 3,2. The Work will be completed within 120 calendar days from from the date when the Contract Time commences to run as provided in paragraph 2.3. of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13. of the General Conditions. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration 00500-2 proceeding the actual loss suffered by OWNER if the Work is not cometed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER dollars ($ .... ) for each day that expires after the time specified in paragraph 3.1. for Completion until the Work is complete. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1. below: For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph. UNIT PRICE BID FOR CITY OF COPPELL SEWER IMPROVEMENTS SECTION I - GRAPEVINE III ITEM ESTIFtATED DESCRIPTION AJtD NO. QUANTITY UNIT PRICE IN WORDS UNIT TOTAL PRICE AMOUNT 1-4 N/A N/A NOT USED 5 171 LF For furnishing and placing 8" PVC sewer (15'-20'), complete in place, the sum of DOLLARS AND CENTS per linear foot. 6-13 N/A N/A 14 206 LF NOT USED For furnishing and placing 15" SDR-35 PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. 15 2652 16 1136 LF LF 17 259 LF 18 100 LF 19 5 EA 20 8 EA 21 1 EA 22 N/A N/A For furnishing and placing 15" SDR-35 PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (15'-20' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (20'-25' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (25'-30' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 6 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED 00500-3 00500-4 23 24-26 27 28 29 30-31 32 33 N/A 718 718 g N/A 188 EA N/A LF LF EA N/A SY SY For furnishing and placing 5 FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 20" diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 20" diameter casing pipe, complete in place, the sum of OOLLARS AND CENTS per linear foot. For abandonment of standard sewer manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For removal and replacement of 8' reinforced concrete pavement, complete in place, the sum of DOLLARS AND CENTS per square yard. For removal and replacement of reinforced concrete driveway, complete in place, the sum of DOLLARS AND CENTS per square yard. 00500-5 34 835 LF For removal and replacement of reinforced concrete 4 FT wide sidewalk, complete in place, the sum of DOLLARS AND CENTS per linear foot. 35-36 N/A N/A NOT USED 37 1 LS For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. 38 3555 LF For Trench Excavation Safety and Support, complete in place, the sum of DOLLARS AND CENTS per linear foot. 39 1 LS For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. 40 8 EA For furnishing and placing 8" PVC sewer services, complete in place, the sum of DOLLARS AND CENTS per each. SECTION I - GRAPEVINE III TOTAL BID FOR ALL UNIT PRICES: (use words) ($ (use figures) 00500-6 SECTION II - GRAPEVINE IV ITEM ESTIMATED DESCRIPTION AND NO. QUANTITY UNIT PRICE IN WORDS I 215 LF For furnishing and placing 6" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 2 215 LF For furnishing and placing 8" Cl. 50 Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 3 N/A N/A NOT USED 4 13 LF For furnishing and placing 8' SDR-35, PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. 5-9 N/A N/A NOT USED 10 557 LF For furnishing and placing 12" SDR-35, PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. 11 1565 LF For furnishing and placing 12" SDR-3S, PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. UNIT TOTAL PRICE AMOUNT 00500-7 12 580 LF 13-18 N/A N/A 19 8 EA 20-23 N/A N/A 24 3 EA 25 1 EA 26 I EA 27 316 LF For furnishing and placing 12" SDR-35, PVC sewer (15~-20' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. NOT USED For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 4 FT diameter Type "S" manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter Type "S" manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing all labor, materials and incidentals required to complete Siphon structure per contract requirements, complete in place, the sum of OOLLARS AND CENTS per each. For furnishing and placing diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. 00500-8 28 29 30-3! 32 33-35 36 37 38 316 N/A 832 N/A 2601 LF EA N/A LF N/A SY LS LF For furnishing and placing 20" diameter casing pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. For abandonment of standard sewer manhole, complete tn place, the sum of OOLLARS AND CENTS per each. NOT USED For removal and replacement of 8" reinforced concrete pavement, complete in place, the sum of OOLLARS AND CENTS per square yard. NOT USED For removal and replacement of 6" reinforced concrete Rip-Rap, complete tn place, the sum of OOLLARS AND CENTS per square yard. For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. For Trench Excavation Safety and Support, complete in place, the sum of DOLLARS AND CENTS per linear foot. 00500-9 39 I LS For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. 40 4 EA For furnishing and placing 8" PVC sewer services, complete in place, the sum of DOLLARS AND CENTS per each. SECTION II - GILAPEVINE IV TOTAL BID FOR ALL UNIT PRICES: (use words) ($ (use figures) SECTION III - BETHEL ROAD ITEM ESTIMATED NO. QUANTITY UNIT DESCRIPTION AND PRICE IN WORDS 1 110 LF For furnishing and placing 6' Cl. SO Ductile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 2 110 LF For furnishing and placing 8" Cl. 50 Ouctile Iron Pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. 3 13 LF For furnishing and placing 8' SDR-35, PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. UNIT TOTAL PRICE AMOUNT 00500-10 4 5 5-6 7 2314 LF For furnishing and placing 8" SDR-35, PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. N/A NOT USED LF 8 1648 LF g 15 LF 10 892 LF 11 2477 LF For furnishing and placing 10" SDR-35, PVC sewer (0'-10' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 10" SDR-35, PVC sewer (10'-15' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 12" SDR-26, PVC sewer (0'-6' depth), complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 12" SDR-35, PVC sewer (5'-10' depth), complete in place, the sum of OOLLARS ANO CENTS per linear foot. For furnishing and placing 12" SDR-35, P¥C sewer (10'-16' depth), complete in place, the sum of OOLLARS ANO CENTS per ltnear foot. 12-18 N/A N/A NOT USED 00500-11 lg 2O 21 22 23 24 25 26 13 N/A 4 ! EA EA N/A EA For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing and placing 5 FT diameter standard manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 4 FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. EA N/A EA EA For furnishing and placing $ FT diameter drop inlet manhole, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For furnishing and placing 5 FT diameter Type'S" manhole, complete in place, the sum of DOLLARS AND CENTS per each. For furnishing all labor, materials and incidentals required to complete Siphon structure per contract requirements, complete in place, the sum of DOLLARS AND CENTS per each. 00500-12 27 15 LF 28 15 LF 29 6 EA 30 4 EA 31 48 LF 32-$4 N/A 35 6998 36 7 SY For furnishing and placing diameter dry bore, complete in place, the sum of DOLLARS AND CENTS per linear foot. For furnishing and placing 20" diameter casing pipe, complete in place, the sum of DOLLARS AND CENTS per linear foot. N/A LF For abandonment of standard sewer manhole, complete in place, the sum of DOLLARS AND CENTS per each. For abandonment of sanitary sewer clean out, complete in place, the sum of DOLLARS AND CENTS per each. For placement of 6" Class "B" concrete embedment across entire trench width, complete in place, the sum of DOLLARS AND CENTS per each. NOT USED For removal and replacement of asphaltic concrete pavement, complete in place, the sum of OOLLARS AND CENTS per linear foot. For removal and replacement of 6" reinforced concrete Rip-Rap, complete in place, the sum of OOLLARS *See Decriptio-, Page 00100-11 Section 13.2..~ AND CENTS per square yard. 37 LS For furnishing and placing landscaping, complete in place, the sum of DOLLARS AND CENTS per lump sum. 00500-13 38 7346 LF For Trench Excavation Safety and Support, complete in place, the sum of DOLLARS AND CENTS per linear foot. 3g I LS For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of DOLLARS AND CENTS per lump sum. 40 18 EA For furnishing and placing 8" PVC sewer services, complete in place, the sum of DOLLARS AND CENTS per each. SECTION III - BETHEL ROAD TOTAL BID FOR ALL UNIT PRICES: (use words) ($ (use figures) 00500-14 COMBINATION OF SECTIONS The undersigned Bidder hereby agrees to accept an award of contract based on any individual section. However, if awarded two or more sections, the undersigned Bidder agrees to deduct from all prices named in those sections the following amounts: If Awarded: Combination of Sections I and II, deduct dollars. Combination of Sections II and III, deduct dollars. Combination of Sections I and III, deduct dollars. Combination of Sections I, II, and III, deduct dollars. TOTAL BID FOR ALL UNIT PRICES (use words) ($ ) (use figures} As provided in paragraph 11.9. of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10. of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2. of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5,1. Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.9. of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7. of the General Conditions. 5.1.1.1. gO percent of Work completed (with the balance being 00500-15 retainage). If Work has been 50-percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, retainage will be reduced to 5 percent of all of the Work completed to date and for subsequent future progress payments until Completion. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8.) and the other related data identified in the Bidding Documents including "technical data.' 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal,, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph 4.2. of the Supplementary Conditions of the extent of the 'technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2. of the General Conditions. 00500-16 CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Oocuments with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, stuuies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7,5. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Oocuments and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. Article 8. CONTRACT DOCUMENTS 00500-17 The Contract Documents which comprise the entire agreement between OWNER and CONT~CTOR concerning the Work consist of the following: 8.1. This Agreement (pages I to__, inclusive). 8.2. Exhibits to this Agreement (pages __to , inclusive). 8.3. Performance, Payment, and other Bonds, identified as exhibits and consisting of__ pages. 8.4. Notice to Proceed. 8.5. 8.6. 8.7. 8.8. General Conditions (pages __ to , inclusive). Supplementary Conditions (pages __ to , inclusive). Specifications bearing the title "Construction Specifications and Contract Documents for Sanitary Sewer Improvements for Grapevine III, IV and Bethel Road -- SS 94-02." Drawings consisting of a cover sheet and sheets numbered through , inclusive with each sheet bearing the.f~ing general ~"San~tary Sewer Improvements for Grapewne III, IV and Bethel Road -- SS 94-02." 8.9. Addenda numbers __ to __, inclusive. 8.10. CONTRACTOR's Bid (pages __ to __, inclusive) marked Exhibit 8.11. 8.12. Documentation submitted by CONTILACTOR prior to Notice of Award (pages __ to __ inclusive). The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5. and 3.6. of the General Conditions. The documents listed in paragraphs 8.2. et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5. and 3.6. of the General Conditions. 00500-18 Article g. MISCELLANEOUS Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent {except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9,4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 00500-19 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). , 1995 OWNER City of Coppell CONTRACTOR 255 Parkway Boulevard Coppell, Texas 75019 By: Title: Attest Address for giving notices Title: Attest Address for giving notices P.O. Box 478 Coppell, Texas 75019 Attn: Ken Griffin, P.E. Assistant City Manager/City Enigneer NOTE: If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. END OF SECTION SECTION 00700 GENERAL CONDITIONS (SEE ATTACHED EJCDC DOCUMENT NO. 1910-8, 1990 EDITION) 00700-1 This document has important legal consequences: cor~suhation with an attorney is encouraged with respect to its completion or modification. STANDARD GENERAl, CONDITIONS OF TI-IF~ CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General ( Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-I or 1910-8-A-2) ( 1990 Editions). Their provisions are interre|ated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) ( 1986 Edition). For guidance in the preparation of Supplementary Co,~d;[ions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. F_ICDC No. 1910-8 (t990 Edition) © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council lu15 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Number & Title Number I. DEFINITIONS ................................... 13 I. I Addenda ............................. 13 1.2 Agreement ........................... 13 1.3 Application for Payment .............. 13 1.4 Asbestos ............................. 13 1.5 Bid ................................... 13 1.6 Bidding Documents ................... 13 1.7 Bidding Requirements ................ 13 1.8 Bonds ................................ 13 1.9 Change Order ........................ 13 1.10 Contract Documents .................. 13 I. I I Contract Price ........................ 13 I. 12 Contract Times ....................... 13 1.13 CONTRACTOR ...................... 13 1.14 defective ............................. 13 I. 15 Drawings ............................. 13 I. 16 Effective Date of the Agreement ...... 13 1.17 ENGINEER .......................... 13 I. 18 ENGINEER's Consultant ............. 13 I. 19 Field Order ........................... 13 1.20 General Requirements ................ 14 1.21 Hazardous Waste ..................... 14 1.22 Laws and Regulations; Laws or Regulations ........................ 14 1.23 Liens ............................... 14 1.24 Milestone ........................... 14 1.25 Notice of Award .................... 14 1.26 Notice to Proceed .................. 14 1.27 OWNER ........................... 14 1.28 Partial Utilization ................... 14 1.29 PCBs ................................. 14 1.30 Pewoleum ............................ 14 1.31 Project ............................... 14 1.32 Radioactive Material .................. 14 1.33 Resident Projcgt Rel~s~ntative ....... 14 1.34 Samples .............................. 14 1.35 Shop Drawinga ....................... 14 1.36 Spocification~ ......................... 14 1.37 S.,bcontractor ........................ 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions ............ 14 1.40 Supplier .............................. 14 1.41 Underground l~'ilities ................ 14 1.42 Unit Price Work ...................... 14 1.43 Work ................................. 15 1.44 Work Change Directive ............... 15 1.45 Written Amendment .................. 15 PRELIMINARY MAn'ERS ...................... 15 2. I Delivery of Bonds .................... 15 2.2 Copies of Documents ................. 15 2.3 Commencement of Contract Times; Notice to P~oc__e,~_ .................. 15 2.4 Sim'ting the Work ..................... 15 Article or Paragraph Page Number & Title Number 2.5-2.7 Before S~trting Construction; CONTRACYOR's Responsibility to Report: Preliminary Schedules: Delivery of Certificates of Insurance .......................... 15 2.8 Preconstruction Cooference ........... 15 2.9 Initially Acceptable Schedules ......... 16 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 3.1-3.2 3.3 3.4 3.5 3.6 3.7 Intent ................................ Reference to Standards and Specifications of Technical Societies; Reporting and Resolving 16 16 Discrepancies ...................... 16 Intent of Certain Terms or Adjectives., 17 Amending Contract Documents ....... 17 Supplementing Contract Documents ... 17 Reuse of Documents .................. 17 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDFHONS; REFERENCE POINTS. 17 4.1 Availability of Lands .................. 17 4.2 Subsurface and Physical Conditions ... 17 4,2.1 Reports and Drawings ................ 17 4.2.2 Limited Reliance by CONTRACTOR Authodzed; Technical Data ......... 18 4,2.3 Notice of Differing Subsurface or Physigai Cond/tions ................. 18 4,2.4 ENGINEER's Review ................ 18 4.2.5 Possibl~ Colltragt Doouncnts Chan~ . 18 4.2,6 Possible Price and Times Adjustments . 18 4.3 Physical Conditions---U nd¢~ uand Facilities ........................... 18 4.3.1 Shown or lnd'__wat_,_~l ................... 18 4.3.2 Not Shown or Indicated .............. 19 4.4 Reference Points ...................... 19 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Rndio~tlve Material ...... 19 5.1-5.2 5.3 BONDS AND INSURANCE ..................... 20 Pefforrrmnce, Payment and Other Bonds. 20 Lic, en~d Su~ties and Insu~ra; Certificates of Instu'ance ............ 20 5.4 CONTRACTOR's Liability Insurance . 20 5.5 OWNER's Liab~ity Insurance ........ 21 5.6 Proper~y Insurance ................... 21 5.7 Boiler and Machinery or Additional Property Insurance ................. 21 5.8 No~ice of Cancella~m Provisions ..... 21 5.9 CONTRAC-IOR's Responsibility for Deductibi~ Amounts ................ 22 5.10 Other Special Insurance ............... 22 5. I I Waiver of Rights ...................... 22 Article or paragraph Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization--Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 6.1-6.2 Supervision and Superintendence ...... 23 63-6.5 Labor, Materials and Equipment ...... 23 6.6 Progress Schedule .................... 23 6.7 Substitu~s and "Or-Eq~" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 23 6,8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 6.12 Patent Fees and Royalties ............. 25 6.13 Permits ............................... 25 6.14 Laws and Regulations ................ 25 6.15 Taxes ................................ 25 6.16 Use of Premises ...................... 26 6.17 Site Cleanliness ....................... 26 6,18 Safe Structural Loading ............... 26 6.19 Record Documents ................... 26 6.20 Safety and Protection ................. 26 6.21 Safety Representative ................. 26 6.22 Hazard Communication Programs ..... 27 6.23 Emergencies .......................... 27 6.24 Shop Dmwin~ and Samples .......... 27 6.25 Submittal Procedures; CO~R's Review Prior to Shop Drawing or Sample Submittal . 27 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 27 6.27 Responsibility for Variation From Contract Documents ................ 27 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Requited Submittals ............. 27 6.29 Continuing the Work .................. 28 6.30 CONTRACTOR's Goneral Warranty and Gunrantee ............ 28 6.31-6.33 Indemnification ....................... 28 6.34 Survival of Obliaations ................ 28 ?. OTHER WORK .................................. 29 7.1-7.3 Related Wo~ at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due ................................ 29 8.4 Lands and Easements; Reports and Tests ............................... 29 8.5 Insurance ............................. 29 Article or Paragraph Number & Title 8.6 8.7 8.8 Page Number Change Orders ....................... 29 Inspections, Tests and Approvals ...... 29 Stop or Suspend Work; Terminate CONTRACTOR's Services ......... 29 8.9 Limitations on OWNER's Respons~ilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 30 8. l I Evidence of Financial Arrangements .. 30 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 30 9. I OWNER's Representative ............ 30 9.2 Visits to Site .......................... 30 9.3 Project Representative ................ 30 9.4 Cl~u~fications and Interpretations ...... 30 9.5 Authorized Variations in Work ........ 30 9.6 Rejecting Defective Wink ............. 30 9,7-9.9 Shop Drawings, Change Orders and Payments .......................... 3 I 9.10 Determinations for Unit Prices ........ 31 9.1 I-9,12 Decisions on Disputes; ENGINEER as Initial Interpreter ................... 31 9,13 Limitations on ENGINEER's Authority and Responsibilities ...... 31 10. CHANGES IN THE WORK ..................... 32 10. I OWNER Ordered Change ............ 32 10.2 Claim for A~ustment ................. 32 10.3 Work Not Required by Contract Documents ......................... 32 Chaise Orders Notification of Surety ................. 32 10.4 10.5 I I. CHANGE OF CON'FRAL~ PRICE .............. 32 11. I-I 1.3 Contract Price; Claim for Adjustment; Value of the Work .................. 32 I 1.4 Cost of the Work ..................... 33 11.5 Exclusions to Cost of the Work ....... 34 I 1.6 CONTRACTOR's Fee ................ 34 I 1.7 Cost Records ......................... 34 11.8 Cash Allowances ..................... 35 I 1.9 Unit Price Work ...................... 35 12. CHANGE OF CONTRACT TIMES .............. 35 12.1 Claim for Adjustment ................. 35 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's Control ............................ 35 12.4 Delays Beyond OWNER's and CONTRACtOR's Control .......... 35 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEFFANCE OF DEFECTIVE WORK .......................................... 36 13. I Notice of Defects ..................... 36 13.2 Access to the Work ................... 36 13.3 Tests and Inspections; Contractor's Cooperation ........................ 36 Article or Paragraph Page Number & Title Number 13.4 OWNER's Responsibilities; Independent Testing Laboratory .... 36 13.5 CONTRACTOR's Responsibilit;es ..... 36 13,6-13.7 CoveringWork Prior to Inspection. Testing or Approval ................ 36 13.8-13.9 Uncovering Wofl~ at ENGINE£R's Request ............................ 36 13.10 OWNER May Stop the Work ......... 36 13. I I Correction or Removal of Defective Work ............................... 37 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 13.14 OWNER May Correct Detective Work ............................... 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................. 37 14.1 14.2 14.3 14.4-14.7 14.8-14.9 14.}0 14. Il Schedule of Values .................... 37 Application for Progress Payment ..... 38 CONTRACTOR's Wanamy of Tide ... 38 Review of Applications for Progress Payments ................. 38 Substantial Completion ............... 39 Partial Utilization ..................... 39 Final Inspection ...................... 39 Article or Paragraph Number & Title 15. Page Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 40 SUSPENSION OF WORK AND TERMINATION ................................ 40 15. I OWN ER May Suspend Work ......... 40 15.2-15.4 OWNER May Terminate .............. 40 15.5 CONTRACTOR May Stop Work or Terminate .......................... 41 16. DISPUTE RESOLUTION ....................... 41 17. MISCELLANEOUS ............................. 42 17.1 17.2 17.3 17.4 17.5 Giving Notice ........................ 42 Computation of Times ................ 42 Notice of Claim ....................... 42 Cumulative Remedies ................. 42 Professional F~ts and Court Costs Included ........................... 42 EXHIBIT GC-A (Optional): Dispute Resolution Agreement (Optional) ..... GC-AI 16.1-16.6 Arbitration .................... GC-AI 16.7 Mediation ..................... GC-A2 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of-- Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment ................................. 9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ......................7.3 Substitutes and "Or-Equal" Rems .................. 6.7.1 Work by OVa/ER ........................ 2.5, 6.30, 6.34 Access to the-- Lands, OWNER and CONTRACTOR responsibilities ..................................... 4. I site, related work .................................... 7.2 Work ................................... 13,2, 13.14, 14.9 Acts or Omissions--, Acts and Omissions~ CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER ....................................... 6.20, 8.9 Addenda definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) I. I Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5.4.1.4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, II, 12, 14.8, 15.1 prog~ss schedule .................................... 6.6 Agreement-- definition of .......................................... 1.2 All risk insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... I 1.8 Amending Contract Documents ......................... 3.5 Amendment, Written-- in general .... 1.10, 1.45.3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 122, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9. Il, 10.4, 16.2, 16.5 Application for Payment-- definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5. 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Ashestos-- claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Va~'iations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of~efined ............................ 1.25 Before gta."ting Construction ........................ 2.5-2.8 Bid~dcfinition of ...................................... 1.5 (I.I, 1.10, 2.3, 3.3, 4.2.6.4, 6.13.11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents~definition of ................ 1.6 (6.8.2) Bidding Requirements--definitions of ...... 1.7 (I.l, 4.2.6.2) Bonds-~ acceptance of ....................................... 5.14 additional bonds ........................... 10.5. 11.4.5.9 Cost of the Work .................................. I 1.5.4 definition of .......................................... 1.8 delivery of ...................................... 2. I. 5. I final application for payment ................. 14.12-14.14 general ............... 1.10, 5.1-5.3, 5.13, 9.13.10.5. 14.7.6 performance, Payment and Other ................. 5.1-5.2 Bonds and Insurance-~in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4, I1., 5.8, 5.15 Cash Allowances ...................................... I 1.8 Certifw. ate of Substantial Completion ......... 1.38, 6.30.2,3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 53, 5.4. I I, 5.4.13.5.6.5, 5.8. ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price~ Cash Allowances ................................... I 1.8 claim for price adjustment ..... 4. I, 4.2.6, 4.5, 5,15, 6.8.2, 9.4,9.5,9.11, 10.2, 10.5, 11,2, 13.9, 13.13, 13,14, 15,1, 15.5 CONTRACTOR's fee ............................... 11.6 Coat of the Work general ...................................... 11.4-11.7 Exclusions to ....................................... I 1.5 Cost Records ....................................... I 1.7 in genera] .............. 1.19, 1.44, 9. Il, 10.4.2, 10.4.3. Il Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of ....................................... 10.3-10.4 Testing and Inspeotion, Uncovering the Work ........ 13.9 Unit Price Work .................................... I 1.9 Value of Work ...................................... 11.3 Change in Contract Times-- Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9. Il, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol ............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders-- Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ................................... 11.8 Change of Contract Price ............................. I I Change of Contract Times ............................ 12 Changes in the Work .................................. 10 CONTRACTOR's fee ............................... I Cost of the Work ............................... I 1.4- I 1.7 4 Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies ........................................ 6.23 ENGINEER's responsibility ......... 9.8, 10.4, Il.2, 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10.5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions~ Subsurface and ...................................... 4.2 Undeq{round Facilities ........................... 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .................................... I 1.9 value of Wo~, covered by .......................... I 1.3 Changes in the Work ...................... ; ............. l0 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims~ against CONTRACTOR ............................. 6.{6 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4, I 1.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4, 7. I, 9.4, 9.5, 9.1 I, 10.2, I 1.2, { 1.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. ! 1.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. I 1.4, 11.5 Decisions on Disputes ......................... 9.1 I. 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .................. 16. I-16.6 ENGINEER as initia{ interpretor .................... 9.1 I Lump Sum Pricing ................................ I 1.3.2 Notice of ........................................... 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, ll.2, ll.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professiona{ Fees and Court Costs Included .......... 17.5 request for fornmni decision on ....................... 9.1 I Substitute items .................................. 6.7.1.2 Time Extension .....................................12.1 Time requirements ............................ 9.1 I, {2. l Unit Price Work .................................. I 1.9.3 Value of ............................................ 11.3 Waiver of---on Final Payment ................ 14.14. 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9. Il, Il.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9. Il Clean Site ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times .....................2.3 Communications-~ Article or Paragraph Number general .................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion~ Final Application for Payment ......................14.12 Final Inspection ...................................14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization ............ ......... 14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.1.5 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6. I I Conferences--- initially acceptable schedules ......................... 2.9 pmconstruction ...................................... 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Constrnction Machinery, Equipment, etc ................ 6.4 Continuing the Work ............................. 6.29, 10.4 Contract Dncuments~ Amending ........................................... 3.5 Bonds ............................................... 5. I Cash Allowances ................................... I 1.8 Change of Contract Price ............................. I I Change of Contract Times ............................ 12 Changes in the Work ........................... 10.4-10.5 check and verify ..................................... 2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................ I. l0 ENGINEER as initial interpreter of ................. 9. I I ENGINEER as OWNER's representative ............9.1 general ................................................ 3 insurance ............................................ 5.3 Intent ............................................ 3. 1-3.4 minor vacations in the Work ......................... 3.6 OWNER's responsibility to furnish tl~t, .............. 8.3 OWNER's responsibility to mnke prompt payment ....................... 8.3, 14.4, 14.13 precedence ....................................3. I, 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Wo~ ........................................ 7.2 Repo.ing and Resolving Discrepancies ........... 2.5, 3.3 Reuse of ............................................. 3.7 Supplementing ....................................... 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... I 1.9 vatiatious .................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price~ adjustment of ................ 3.5, 4.1, 9.4. 10.3, I 1.2-11.3 Change of ...........................I 1 Decision on Disputes ............................... 9. I I definition of ........................................ I. I I Contract Times-- adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of ...................................... 12.1-12.4 5 Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ 1.12 CONTRACTOR-- Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ................................ 6.29. 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal. 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR'~ Compensation .................................. I I. 1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to con'ect defective Work ..................... 13.11 Duty to Report-- Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others .........................7.3 Differing conditions ..............................4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated ..............4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ................................... I 1.4.5.3 Fee-~Cost-I~us ..................... I 1.4.5.6, I 1.5. I, I 1.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurence ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, ~ for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progn~s Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities-- Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others. 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7. I CONTRACTOR's General Warranty and Guaran- tee ............................................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ..................................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation, Substitutes or "Or-Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6,9. I-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 genera] ................................. 6. 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnificatioo .............................. 6.31-6.33 Labor, Materials and Equipment ................ 6:3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance ................................. 5.4 Notice of vanatioo from Contract Documents ..... 6.27 Patent F~'es and Royalties ......................... 6.12 Permits ........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ....................... .' ..... 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER ................................ 6.26 Site Cleanliness ................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or-Equal" Items ................ 6.7. I Superintendence ................................... 6.2 Supervision ........................................ 6. I Survival of Obligations ............................ 6.34 Taxes ............................................ 6.15 Tests and Inspections ............................. 13.5 To Report ......................................... 2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review l~or to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7. I, 9.4, 9.5, 9.1 I, 10.2, I 1.2, I 1.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples SubmitlaJs ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or-Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Othe~ ............ 6.8-6. I I Supervision and Superintendence ........... 6. I, 6.2, 6.21 Taxes, Payment by ..................................6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required~ CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions ............................................. 4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS-other ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination 6 Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents .................................. 2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13. I I Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost-- of Tests and laspections ............................. 13.4 Records ............................................ 11.7 Cost of the Work-- Bonds and insurance, additional ................. I 1.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. I 1.4.5.1 Exclusions to ....................................... I 1.5 Geneval ........................................ I 1.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. I 1.4.5.6 Materials and equipment .......................... I 1.4.2 Minor expenses ................................. I 1.4.5.8 Payroll costs on changes .......................... II .4.1 performed by Subcontractors ...................... I 1.4.3 Records ............................................ I 1.7 Rentals of constructiou equipment and machinery. I 1.4.5.3 Royalty payments, permits and license fees ...... I 1.4.5.5 Site office and temporary facilities ............... I 1.4.5.2 Special Consultants, CONTRACTOR's ............ I 1.4.4 Supplemental ..................................... I 1.4.5 Taxes related to the Work ....................... I 1,4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. I 1.4.2 Utilities, fuel and sanitary facilities ............... I 1.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furoished by OWNER ...................... 8.3 Day--definition of ...................................17.2.2 Decisions on Disputes ........................... 9.1 I, 9.12 defective---definition of ................................ 1.14 defective Work-- Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general ... .............................. 13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13. I Rejecting ............................................9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... I De;-, s ................................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds ...................................... 2. I Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies-Reporting and Resolving .... 2.5.3.3.2, 6.14.2 Dispute Resolution-- Agreement ..................................... 16. I-16.6 Arbitration ..................................... 16. I-16.5 general ............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9. I I-9.12 Documents--- Copies of ............................................ 2.2 Record ............................................. 6.19 Reuse of ............................................. 3.7 Drawings---definition of ............................... 1.15 Easements ............................................. 4. I Effective date of Agreement---definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER-- as initial interpreter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities ................................. 9.13 Replacement of .......................... ; ........... 8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant--definition of ............... 1.18 ENGINEER's~ authority and responsibility, limitations on ........... 9.13 Authorized Vacations in the Work ....................9.5 Change Orders, responsibility for .......... 9.7, 10, I I, 12 Clarifications and Interpretations ............... 3.6.3.9.4 Decisions on Disputes .......................... 9. I I-9.12 defective Work. notice of ...........................13. I Evaluation of Substitute Rems ...................... 6.7.3 L/ability ....................................... 6.32, 9.12 Notice Work is Acceptable ......................... 14.13 Observations ................................. 6.30.2.9.2 OWNER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ................. ~4.4. 14.13 Responsibilities-- Limitations on ............................... 9.1 I-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples. review responsibility ..................................... 6.26 Status During Construction-- authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................ 9.1 I-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9. I 1-9.12 ENGINEER's Responsibilities ................ 9. I-9.12 7 Article or Paragraph Number Limitations on ENGINEER's Authority arm Responsibilities ................................... 9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site ...................................... 9.2 Unit Price Determinations ........................... 9.10 Visits to Site ......................................... 9.2 Written consent required ......................... 7.2, 9. I Equipment, Labor, Materials and ................... 6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions ................................... 6.33 Evidence of Financial Arrangements ................... 8. II Explorations of physical conditions ................... 4.2.1 Fee. CONTRAC'l'lOR's----Costs-Plus ................... I 1.6 Field Order-- definition of ........................................ 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection ...................................... 14.11 Final Payment-- and Acceptance .............................. 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ............................... 17.3-17.4 General Requirements-- defintion of ......................................... 1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work--by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs .....................6.22 Hazardous Waste-- definition of ........................................ 1.21 general .............................................. 4.5 OWNER's responsibility for ........................8. l0 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection-.- Certificates of ......................... 9.13.4, 13.5, 14.12 Final .............................................. 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance-- Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ................................. I 1.4.5.9 Before starting the Work ............................. 2.7 Bonds and~in general ................................. 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations .............................. 5.4.13 CONT~ AC~'OR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts. CONTRACTOR's responsibility .................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers .................................... 5.3 Notice requirements, material changes .................................. 5.8, 10.50 Option to Replace .................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability .................................. 5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property ........................................ 5.6-5.10 Receipt and Application of Insuraece Proceeds .. 5.12-5.13 Special lasurance ................................... 5. l0 Waiver of Rights .................................... 5.11 Intent of Contract Documents ....................... 3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigutions of physical conditions .................... 4.2 Labor, Materials and Equipment .................... 6.3-6.5 Lands-- and Easements ...................................... 8.4 Availability of ................................... 4. I. 8.4 Reports & Tests ..................................... 8.4 Laws and Regulations~Laws or Regulations.- Bonds ........................................... 5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents ................................. 3.1 CONTILa, CTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... I 1.4.5.4 definition of ........................................ 1.22 general ............................................. 6.14 Indemnification ................................ 6.31-6.33 Insurance ............................................ 5.3 Precedence .................................... 3.1, 3.3.3 Reference to ....................................... 3.3. I Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.1 I Tests and Inspections ............................... 13.5 Use of Premises .................................... 6.16 Visits to Site ......................................... 9.2 Liability lasurance-- CONTRACTOR's .................................... 5.4 OWNER's ........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens-- Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ........................................ 1.23 Waiver of Claims .................................. 14.15 Limitations on ENGINEER's authority and responsibilities ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ...... a.2.2 Maintenance and Operating Manuals-- Final Application for Payment ...................... 14.12 Manuals (of others)~ Precedence ....................................... 3.3.3. I 8 Article or Paragraph Number Reference to in Contract Documents .............. ~} 5.3.1 Materials and equipment-- furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment---equivalent ..................... 6.7 Mediation (Optional) .................................. 16.7 Milestones~de finition of .............................. 1.24 Miscellaneous--- Computation of Times .............................. 17.2 Cumulative Remedies ............................... 17.4 Giving Notice ....................................... 17.1 Notice of Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 Multi-prime contracts .................................... 7 Not Shown or Indicated .............................. 4.3.2 Notice of-- Acceptability of Project ............................ 14.13 Award, definition of ................................. 1.25 Claim .............................................. 17.3 Defects ............................................. 13. I Differing Subsurface or Physical Conditions .......... 4.2.3 Giving .............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed-- definition of ........................................ 1.26 giving of ............................................. 2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30, 9.2 Occupancy of the Work ................ 5.15.6.30.2.4. 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ................... 5.6.2 Option to Replace ..................................... 5.14 "Or Equal" Items ...................................... 6.7 Other work .............................................. 7 Overtime Work---prohibitioo of ......................... 6.3 OWNER-- Acceptance of defective Work ......................13.13 appoint an ENGINEER .............................. 8.2 as fiduciary .................................... 5.12-5.13 Availability of Lands, rekponsibility ................... 4.1 definition of ........................................ 1.27 data, furnish ......................................... 8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................14.7 May Stop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5. I0 OWNER's--- Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute .................................... 8.6. 10.4 Communications ..................................... & I Coordination of the Work ............................ 7.4 Disputes, request for decision ...................... 9.11 Article or Paragraph Number Inspections. tests and approvals ................. 8.7, 13.4 Liability Insurance ...................................5.5 Notice of Defects ................................... 13. I Representative--During Construction, ENGINEER's Status ............................ 9. I Responsibilities-- Asbestos. PCB's. Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders .................................... 8.6 Changes in the Work .............................. 10. I communications ................................... 8. I CONTRACTOR's responsibilities .................. 8.9 evidence of financial atTangements ................ 8. I I inspections, tests and approvals .................... 8.7 Insurance ......................................... 8.5 lands and easements ............................... 8.4 prompt payment by ................................ 8.3 replacement of ENGINEER ....................... 8,2 repons and tests ................................... 8,4 stop or suspend Work .................. 8,8. 13.10, 15.1 terminate CONTRAC'rOR's services .......... 8.8, 15.2 separate representative at site ........................ 9,3 independent testing ................................. 13.4 use or occupancy of the Work .................................... 5.15, 14.10 written consent or approval required ............................... 9,1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9. Il, 11.2, I 1.9, 14.7, 15.4 PCBs-- definition of ........................................ 1.29 general .............................................. 4.5 OWNER's responsibility for ........................ 8. l0 Partial Utilization--- definition of ........................................ 1.28 general ................................... 6.30.2.4, 14.10 Property Insurance ................................. 5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5. I-5.2 Payments. Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion~ Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspcction ................................... 14. Il Final Payment and Acceptance ............... 14.13-14,14 general ........................................... 8.3, 14 Partial Utilization .................................. 14.10 Retain,age ........................................... 14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 prompt payment ..................................... 8.3 Schedule of Valnes .................................. 14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims .................................. 14.15 when payments due .......................... 14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ................................. 5. I-5.2 Permits ............................................... 6.13 Article or Paragraph Number Petroieum~ definition of ........................................ 1.30 general .............................................. 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions~ Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures .................................. 4.2.2 general ........................................... 4.2.1.2 Subsurface and ....................................... 4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or, .................. 4.2.3 Subsurface and ...................................... 4.2 Subsurface Conditions ............................ 4.2.1. I Technical Data, Limited Reliance by CONT~R Authorized .................... 4.2.2 Underground Facilitics-~ general .......................................... 4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3.6.20 Shown or Indicated ............................ 4.3.1 Technical Data ..................................... 4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules ..................................2.6 Premises, Use of ................................. 6.{6-6.18 Price, Change of Contract ............................... I I Price, Contract--definition of .......................... I. I 1 Progress Payment, Applications for .................... 14.2 Progress payment--retainage .......................... 14.2 Progress schedule, CONTRAL-'rOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project--definition of .................................. 1.31 Project Representative-- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident -.-definition of ...................................... 1.33 prompt payment by OWNER ............................ 8.3 Pro~rty Insurance Additional ........................................... 5.7 general .......................................... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive Material-- definition ........................................... 1.32 general .............................................. 4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Article or Paragraph Number Regulations. Laws and (or) ............................ 6.14 Rejecting Defective Work ...............................9.6 Related Work-- at Site ........................................... 7. I-7.3 Performed ~rior to Shop Drawings and Samples submittals review ..................6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work .................................... 13.11 rental agreements, OWNER approval required ...................................... 11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Repons--- and Drawings ...................................... 4.2. I and Tests. OWNER's responsibility .................. 8.4 Resident Project Representative-- definition of ........................................ 1.33 provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities--- CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on .................................... 9.13 OWNER's-in general .................................. 8 Retaina&e ............................................. t4.2 Reuse of Documents ................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.23 Review of Applications for Progress Payments ...................................... 14.4-14.7 Right to an adjustment ................................ 10.2' Rights of Way ..........................................4.1 Royalties, IMtent Fees and .............................6.12 Safe Structural Loading ............................... 6.18 Safety-- and Protection ....... 4.3.2, 6.16, 6.1g, 6.20-6.21, 7.2, 13.2 general ........................................ 6.20-6.23 Representative, CONTRACTOR's ................... 6.21 definition of ........................................ 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.28 submittal of ....................................... 6.24.2 submittal procedures ................................ 6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules~ Adherence to .................................... 15.2.1 Adjusting ............................................ 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary .......................................... 2.6 Scope of Changes .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2.1. I 10 Article or Paragraph Number Shop Drawings--- , ~' and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGhqEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work ........................................6.28 review procedures ......................... 2.8, 6.24-6.28 submittal required ................................. 6.24. I Submittal Procedures ............................... 6.25 use to approve substitutions ........................6.7.3 Shown or Indicated ................................... 4.3. I Site Access ....................................... 7.2, 13.2 Site Cleanliness ....................................... 6.17 Site, Visits to-- by ENGINEER ................................ 9.2. 13.2 by others ...........................................13.2 "Special causes of loss" policy form. insurance ....... 5.6.2 Specifications--- definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3. I precedence ........................................ 3.3.3 Standards and Specifications of Technical Societies .......................................... 3.3 Starting Construction, Before .......................2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work-- by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8. 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor-- Concerning ...................................... 6.8-6. I I definition of ........................................ 1.37 delays .............................................. 12.3 waiver of rights ..................................... 6. I I Subcontractors~in general ........................ 6.8-6.11 Subcontracts--reqnired provisions ........ 5.1 I, 6. I I, I 1.4.3 Submitlals--- Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................................... 6.25 Progress Schedules .............................. 2.6, 2.9 Samples ....................................... 6.24-6.28 Schedule of Values .............................2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion~ certification of ........................ 6.30.2.3. 14.8-14.9 definition of ....................................... 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Rems ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 F~4GINEER's Evaluation .......................... 6.7.3 "Or-Equal" . ....................................... 6.7. I Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions~ Drawings of. in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general .............................................. 4.2 Limited Reliance by CONTRACTOR Authorized .................................... 4.2.2 Notice of Diffenng Subsurface or Physical Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings ................................ 4.2. I Subsurface and ...................................... 4.2 Subsurface Conditions at the Site ................. 4.2.1. I Technical Data ..................................... 4.2.2 Supervisions- CONTRACTOR's responsibility ...................... 6. I OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence ....................................... 6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 Supplcmentai'y Conditions~ definition of ........................................ 1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1. 5.3, 5.4, 5.6-5.9, 5.1 I, 6.8, 6.13, 7.4, 8.1 I, 9.3, 9.10 Supplementing Contract Documents .................... 3.6 Supplier-- definition of ........................................ 1.40 principal references to .................. 3.7, 6.5, 6.8-6.1 I, 6.20, 6.24, 9.13, 14.12 Waiver of Rights .................................... 6.1 I Surety-- consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of ................................... 5. 1-5.3 Survival of Obligations ................................ 6.34 Suspend Wo~, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination~ .................. 15 CONTRAL-tuR May S~op Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes-Payment by CONTRACTOR .................... 6.15 Technical Data~ Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Repons of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4. I Termination-- by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives ..................................3.4 Tests and Inspections~ II Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 cost of .............................................. 13.4 covering Work prior to ......................... 13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ...................................13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request .................................... 13.8-13.9 Times--- Adjusting ............................................ 6.6 Change of Contract ................................... 12 Adjusting ............................................ 6.6 Computation of ..................................... 17.2 Contract Times~definition of ....................... I.I 2 day .................................................17.72 Milestones ........................................... 12 Requirements-~ appeals .......................................... 16 clarifications, claims and disputes ............................. 9.1 I, I 1.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules ................................. 2.6, 2.9, 6.6 staring the Work .................................. 2.4 Title, Warranty of ..................................... 14.3 Uncovering Work ................................ 13.8-13.9 Undergroond Facilities, Physical Conditions-- definition of ........................................ IAI Not Shown or Indicated ............................ 4.3.2 protection of ................................... 4.3, 6.20 Shown or Indicated ................................ 4.3.1 Unit Price Work-- claims ............................................ I 1.9.3 definition of ........................................ 1.42 general .................................. 11.9, 14.1, 14.5 Unit Prices~ general ........................................... I 1.3. I Determination for ...................................9. I0 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7. I-7.3.13.2 Article or Paragraph Number Utilization. Partial ............... 1.28, 5.15.6.30.2.4, 14.10 Value of the Work ..................................... I 1.3 Values. Schedule of ....................... 2.6.2.8-2.9, 14.1 Variations in Work--Minor Authorized ................................ 6.25.6.27.9.5 Visits of Site--.-by ENGINEER ......................... 9.2 Waiver of Claims-on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............... 5. I I, 6. I I Warranty and Guarantee. General---by CONTRACTOR .................................... 6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work-- Access to ........................................... 13.2 by others .............................................. 7 Changes in the ....................................... l0 Continuing the ...................................... 6.29 CONTRACTOR May Stop Work or Terminate ................................... 15.5 Coordination of ...................................... 7.4 Cost of the ..................................... Il.4-11.5 definition of ........................................ 1.43 neglected by CONTRACTOR ...................... 13.14 other Work ............................................ 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site ............................. 7.1-7.3 Starting the .......................................... 2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER .......................... 15.1-15.4 Variatkm and deviation authorized, minor ........................................... 3.6 Work Change l~rective-- claims pursuant to .................................. 10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3, 10.1-10.2 Written Amendment-- definition of ........................................ 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4.9.1 I Written Notice Required-- by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER .................... 9.10-9.11, 10.4, 11.2, 13.14 12 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda--Writtenorgraphicinstrumentsissuedprior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement--The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment--The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid---The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be 1.6. Bidding Documents--The advertisement or invitation to Bid, instructions to bidders, the Bid form, and thc proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements--The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds--Performance and Payment bonds and other instruments of security. 1.9. Change Order--A document recommended by ENGl- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents--The Agreement, Addenda (which pertain to the Contract Documents), CONTRACtOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, thc Bonds, these General Conditions, the Supplementary Conditions, thc Specifications and the Draw- ings as thc same are more specifically identified in the Agree- merit, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2. I. I and 4.2.2.2 are not Contract Documents. I.I I. Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph Il.9.1 in the case of Unit Price Work). 1.12. Contract Times--The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings--The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in thc Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement--Tbe date indicated in the Ag~-ement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER--Theperson, firmorco~orationnamed as such in the Agreement. I . 18. ENGINEER's Consultant--A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. I. 19. Field Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9,5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.20. GeneraIRequirements---Sections of Divisiml I of the Specifications. 1.21. Hazardous Wast~The term HaTardous Waste shall have the meaning provided in Section 1004 of the Solid Waste D~sposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens--Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone--A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of A ward--The written notice by OWN ER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agzeemeet. 1.26. NoticetoProceed--Awrit~nnotice~venbyOWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to mn and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER--The public body or authority, coq~ora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization--Use by OWNER of a substan- tially completed pan of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs--Polychlorinated biphenyls. 1.30. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degsees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 1.31. Project--ThetotaiconstmctionofwhichtbeWorkto be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material--Souree, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative-- The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples--Physicalexamplesofmaterials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings--All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTR3L-'TOR to illustrate some portion of the Work. 1.36. Spec~cations--Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion--The Work (or a specified part thereof) has pro~essed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with par~ 14.13. The tenne "substantially complete" and "substantially completed" as applind to all or part of the Work refer to Substantial Completion thereof, 1.39. SupplementaryConditions--Thepa~oftheContract Documents which amends or supplements these General Con- ditions. 1.40. Supplier--A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be inco~orated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilities--AIl~pelines, conduits,ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: eiecuicity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traff~ or other control systems or water. 1.42. Unit Price Work--Work to be paid for on the hasis of unit prices. 14 1.43. Work--The entire completed construction or the var- ious separately identifiable parts thereof required to I~e fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive--A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to he performed as provided in paragruph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will he idcorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRAC'I~R on or afiec the Effective Date of the Ag~ement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Docu- ART1CLE 2--PRELIMINARY MA'I~FERS 2.1. When CONTRACTOR delivers the executed Agree- merits to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5. I. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents ns nrc reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Conttnc~ Timer; Neeite to Prueeed: 2.3. The Contract Times will commence to ran on the thirti- eth da;' ~%r the Effective Date of the Agreement, or, ifa Notice to P~ ~ __-r~_ is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day afler the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to pedorm the Work on the date when the Contcact Times commence to run. but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Storing Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known therenf. 2.6. Within ten days al%r the Effective Date of the Agree- meat (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contr~:t Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- iai; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in suffg:ient detail to serve as the basis for pro~ss payments during construction. Soch prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Coudi- tious, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 attended by CONTRACTOR. ENGINEER and others as ap- propriats will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. I.,;~ny Acceptalde Sc~edu~s: 2.9, Unless otherwise provided in the Contract Docu- ments, at least ten days bet'om submission of the first Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- N E ER responsibility for the sequencing, scheduling or progress oftbe Work nor interfere with or relieve CONTRACIOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3.--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be constroed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work. materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clanfi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standants ami Sin, cifun~n~ of Technlcal $ocitn~ies; Relining and Resoleing Di~ncie~: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority. whether such reference he specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opaning of Bids (or, on the Effective Date oftbe Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. if, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within thc Contract Documents or between thc Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTR/gZ'FOR shall report it to ENGINEER in writing at once, and, CONTRAC1~R shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one oftbe methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTR,S, CTOR knew or reasoe~ ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement theret6 issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWN ER. CONTRAL' IOR or ENGINEER. or any of their subcontractors, consultants, agents, or em- pioyees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or 16 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contra~t Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" ~r terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable?' "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed ProJect as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Stq~ementi~ Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of ibc following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10, D, 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor vahations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Document~: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof') prepared by or beating the se, al of ENGINEER or ENGINEER's Consultant. and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4~AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which arc designa~d for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRAC'[~R with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CON~R and OWNER arc unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or casements. CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subtarface and Physical Conditiom: 4.2.1. Repons and Drawings: Reference is made m the Supplementary Conditions for identification of: 4.2.1,1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in prepanng the Contract Documents; and 4.2.1.2. PhysicaIConditions:Thosedrawingsofphysica] conditions in or relating to existing surface or subsurfacc structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 4.2.2, Limited Reliance by CONTRACTOR Authorized: Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such mitaC'Ce on such "inch- nical d :tn," C'3N~R may not rely upon or make any claim agmnst OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. thc completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to he employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as m establish that any "technical data" on which CONTRAL-IL)R is entitled to rely as provided in paragraphs 4.2. I and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in thc Conmsct Documents, or 4.2.3.3. differs ma~riaily from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recng- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRPr'TOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in thc Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3.. a Work Change Directive or a Change Ordcr will be issued as provided in Article l0 to reflect and document thc consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitablc adjustment in the Contract Pricc or in the Contract Times, or both, will be allowed to thc extent that the existence of such uncovered or revealed condition causes an increase or dc- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to thc following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Coqtract Price will be subject to thc provisions of paragraphs 9.10 and I 1.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in th~ Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming hound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rna- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRAL'IOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR am unable to asree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times. a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consuit- ants shall not be liable to CONTRACTOR for any claims, costs, losses or danmgus sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Con'~ta'ns---Undergroand Fncil~s: 4.3. I. Shown or Indicated: The iaformat~°n and data sl~o~'n or indicated in the Contract Documents with respect to cx~stmg Unde~round Facilities at or cont~gucos to the site is based on 18 infonuatino and data furnished to OWNER or ENGINEER by the owners of such Underground Fncilities or by othen. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such infurma- fion or data; and 4.3.1.2. The cost of all of the following will be included in ~he Contract Price and CONTRACTOR shall have full respon- sibility foc (il reviewing and checking all such information and ,bra. (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordina~on of the Work with the owners of such Undergroond Facilities during construction, and (iv) the safety and prntect~ of all such Underground Facilities as pmvidnd in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further distud}ing conditions affected thereby or per- forming any Work in connection therewith (excapt in an emergency aa required by pa~ 6.23), identify the owner of such Underground Pacility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in th~ Contract Documents to reflect and document the cons~lnencaa of the existence of the Underground Facility. If ENGINEER coo- clndes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article l0 to reflect and document such conse- quences. During such time, CONTRAL'IuR shall be respon- sible for the safety and protection of such Unde~round Facility aa provided in paragraph 6.20. CONTRACTOR shall he al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- ~R did not know of and could not masouahiy have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR a~ unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRAL'IUR may make a claim therefor aa provided in Articles I I and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed wi0' 'he Work. CONTRACTOR shall be responsible for laying out the Work. shall protect and preserve the established reference points and shall make no changes or relocations without the prior wdtten approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or n~luires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of .~uch refer- ence points by professionally qualified personnel. 4.5. ~, PCBs, Petroleum, Hazat1~s Whale or Radio- aeti,,e Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specificalioos or identif~d in the Contract Documents to be within the scope of the Work and which may present a substantial clanger to pet~ons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTILa. CTOR shall immediately: (il stop all Work in connection with such hn?ardous condition and in any area affected thereby (except in an emergency aa re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER land thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRAC~R shall not he required to resume Work in co,anection with such hazardous condition or in any such affected area until alter OWNER has obtained any required permits related thereto and delivered to CONTR.aCTOR special written notice: (il specifying that such conditio~ and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may he resumed safely, if OWNER and CONTRACTOR cannot agree aa to entitlement to or the amount or extent of an adjustment, if any, in Coutm_ct Price or Contract Times aa a result of such Work stoppage or such special conditions under which Work is asrced by CON- TRACTOR to be resumed, either party may make a claim therefor aa provided in Articles I I and 12. 4.5.3. If attar receipt of such special written notice CONTRACIOR does nnt agree to resume such Work based on a reasonable belief it is unsafe, or does not ngtne to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such baTnrdons condition or in such af- fected ama to be deleted from the Work. If OWNER and CONTRACTOR cannot a~ne as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times aa a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent pennittnd by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 19 Consullants and the officers, directors, employees, ngents, o~ber coosultsnts and subcontractors of each and any of them from and -?iqst ail claims, costs, losses and damages arising out of or resulting from such hazardous conditlon, provided that: (i) any such claim, cost, loss or damage is · ttributable to bodily injury, sickness, disease or death, or to injury to or dostmction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against thc consequences of that person's or entity's own nngli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 ate not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5---BONDS AND INSURANCE Petrie, Paymeat msd Od~r Beads: 5.1. CONTRACTOR shall furnish Perfonnance and Pay- merit Bonds, each in an amount at least equal to the Contract Ih'ice as security for the faithful perfonnanoe and payment of ail CONTRACTOR's obligations under the Contract Dnou- ments. These Bonds shail remain in effect at least until one year aider the date whe~, final payment becomes due, except as provided otherwise by L.nws or Regulations or by the Contract Documents. CONTRACTOR shall aiso furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shail be executed by such sureties as are named in the current list of' 'Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Goveroment Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a ccrtifed copy of such agent's authority to act. 5.2. If thc surety on any Bond fumishod by CONTRAC- 'FOR is declared a banloupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5. I, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. I.,i~at~ff S~ m~ff lasarer~; Cen~~'~o. of Instc/~ace: 5.3. I. All Bonds and insurance requin:xl by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shail be obtained from surety or insurance companies that are dub licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for tl~ limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACIOR shall deliver to OWNER. with copies to each additional insured identified in the Supple- menlary Conditions, certificates of insurance (and other evidence of insurance requested by OV~NER or any other additional insored) which CONTRACTOR is required to purchase and maintain in uccon:lance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRAL-TOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONFRALWOR's ~ 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is approp~nte for the Work being performed and furoished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyoue for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for danm&es insured by cuslonmry personal injury liability cover~e which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such persoa by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to thc Work itself, because of injury to or destruction of umgible property wherever located, including loss of use resulting therefrom; 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 2O The policies of iosorance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sionid liability) OWNER, ENGINEER, ENGINEER's Con- suhants and any other persons or entities identJhed in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective o~cers and employees of all such additional insureds; 5.4.8. include the speciRc coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement thai the covernge afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tory Conditions to whom a certificate of insurance has been issued (and thc certificates of insurance furnished by thc CONTRACTOR pursuant to para~a~ 5.3.2 will so pro- vide); 5.4.12. remain io olfect at least until final payment and at all times thereafter when CONT{Ca, C']~R may be correct- ing, removing or replacing aYJ'eci'/ve Work in accordance with parasraph 13.12; and 5.4.13. with respect to compiotnd operetions insurance, and any insurance covera&e wti~eo on a c{uims-made basis, remain in e~eot for al {easi two yea~s al~er Bna{ payment (and CONTRACTOR shall furnish OWNER and each other additional iosurnd iden~r~nd in the Suppiomenta~y Condi- tions to whom a cortificale of insurance has been issued evidence satisfnciory to O~ER and any such additional insured of continuatiml of such insurance at Bna{ payment and one year thereaRer). OWNF-~'s ~ Immature: 5.5. In addition to the insurance required to be provided by CO~R under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may a~se from operations under the Contract Documents. Pn~e~y Insurance: 5.6. Unless othemdse provided in the Supplemcn~ary Con- ditions, OWNER shall purchase and maiutaln property insur- anco upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include thc interests of OWNER, CONTRAC- 'FOR. Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall he listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shah at least include insurance for physical loss or damnge to the Work, temporary buildinss, falsework and Work in transit and shall insure ngaJnst at least the following perils fire, lightning, extended covernge, thoR, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplemen~uT Conditions; 5.6.3. include expenses incurvnd in the repair or replace* mcnt of any insured property (including but not limited to fees and char{es of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was a~ced to in writing by OWNER prior to being incoqmrated in the Work, provided that such materials and equipment have been included in an Apldica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in w~tiog by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maJnmin such boiler and machinery insurance or ~il property insurance as may be required by the Sup~-meotary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed ns an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchnsed and main- tanned by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or emJorsemeot ~at the coverage afforded will not be cancelled or materially changud or renewal refused until at least thirty days' prior written notice has been given m OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will con,,in waiver provisions in accordance with paragraph 5. t l. 21 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that axe identified in the Supplementary Conditions. The risk of loss within such iden- tiffed deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and it' any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be iucludnd in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, iuclude such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. S.ll. Wai~r of Rights: 5.Il.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to he listed as insureds or additional insureds in such policies and will provide primary coverage for ail losses and d~s caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery a?iost any of the insurods or additional insurnds thereunder. OWNER and CONTRACTOR waive ail rights against each other and their respective offw. ers, directors, employees and agents for ail losses and damages caused by, arising out of or resulting from any oftbe perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive ail such rights a~nlqs[ Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and danmgos so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or othenvise payable under any policy so issued. 5.11.2. In addition, OWNER waives ail rights against cO--R, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5. I 1.2. I. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by. amsing out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or a~er final payment pursuant to para~ 14.13. Any insurance policy maJnts~ued by OWNER covering any loss, damage or consequenGai loss relented to in this paragraph 5. I 1.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultsnts and the officers, directors, employees and agents of any of them. Re~ and Aptnlicelioo of tosuranee Procseds 5.12. Any insured loss under the policies of insurance required by patngmphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mort~ge clause and of paragraph 5.13. OWNER shall deposit in a sepantte account any money so received, and shall distribute it in accordance with such agree- merit as the pardes in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Orange Order or Written Amendment. 5.13. OWNER as fiducia~ shall have power to a~ust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occuneuce of lass to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make serdemant with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiducinry shall adjust and settle the loss with the insurers and, if required in writing by any pa~y in interest, OWNER as fiduciary shall give bond for the proper pe~onnance of such dudes. 5.14. If either purty (OWN ER or CONTRAL'IuR) has any ~n ~ t~ cove~ ~o~ by or ~r pm~si~s of t~ ~s or i~u~ r~ui~ to ~ ~ ~ ~n~ by ~e o~r ~y in ~ ~th A~cle 5 Gu t~ ~s ~ ~d~ wi~ the Cout~t ~umen~, t~ ob~a~ ~y s~l ~ ~ify the ot~r ~y in wd~ ~in ten ~ys ~r ~i~ of ~e ce~s (or other ev~en~ ~uest~} ~ui~ by ~ 2.7. O~ER ~ CO~R s~l ~h pmv~ m t~ o~r s~h ~i~ i~ in res~ ~ iosu~ pmvi~ ~ t~ ~r ~y ~Y ~st. If ei~r ~y d~ ~t ~ ~ ~n~n ~l of tbe ~s ~ insu~ r~ ~ s~h ~y by the ~n~ ~u~n~, such ~y s~l ~ti~ t~ ~r p~y in ~ti~ of s~h f~lu~ to pu~ ~ to the s~ of the Wo~, or of such f~lu~ to ~n~n ~orto any ch~ in tbe r~ul~ ~ve~. WRit p~j~i~ to ~y other 6~t or ~dy, the ot~r ~y ~Y el~t to ~n ~uiv~ent ~s or inso~ce to protect such o~r ~y's inte~s~ at t~ ex~n~ of the ~y w~ w~ 22 required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. ~U~illasgd~.--Prupenylnxarunce: 5.15, It' OWNER finds it necessary to occupy or use a portion or portions oftbe Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use oc occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancellnd or permitted to lapse on account of any such papal use or occupancy. ARTICLE 6--.CONTRACTOR'S RESPONSIBILITIES Supermdon and S~eerime~a~e: 6. I. CON'IT, ACI~R shall supervise, inspect and direct the Work competently and etTlclently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible . for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall nog be responsible for the negligence of others in the design or specification ora speci~c means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly requirnd by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and sludl have anthodty to act on behalf of CONTRAC- 'fOR. All communications to the superintendent shall be as binding as ff given to CONTRACTOR. I.,~bor, Maa, t~.s cad gqudpmewt: 6.3. CONTRAL-IOR shall provide competent, suitably qual- ifind personnel to survey, lay ont and construct the Work as re~luired by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or ti, Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given a~er prior written notice to ENGINEER. 6.4. Unless othetv~ise specified in the General Require- ments, CO~R shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the fumisbing, perfon~ance, testing, start-up and comple- tiou of the Work. 6.5. All materials and equipment shall be of good quality and new, except ns otherwise provided in the Contract Docu- ments. All wan'antics and guarantees specifically called for by the Specifications shall expressly run to the benefit Of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and q~ity of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress $c~: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 ns it may be adjusted from time to time ns pmvidnd below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will coofo~n generally to the p~ngress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contt~:t Times (or Milestones) shall be submitted in accordance with the requirements of peragraph 12.1. Such ndjusgments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7.1. Whenever an item of material or equipment is specified or described in tbe Contract Documents by using tbe name of a proprietary item or the name of a particular Supplier, the specification or description is intendnd to establish the type, functiou and quality required. Unless the specification or description cootaios or is followed by words reading that no like, equivalent or "or-equal" item or no substitution is permitted, other items of material or equip- merit or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 6.7.1.1. "Or-Equal": If in ENGINEER's sole discre- tiou an item of material or equipment proposed by CON- TRACTOR is functionally eq~ to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or-~qua]" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute hem. s: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR docs not qualify as an "or-equal" item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient iofommtiou as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by thc ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately thc functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The applicatiou will state the extent, if any, to which the evaluation and acceptance oftbe proposed substitute will prejudice CON- TRACTOR's achievement of Substantini Completiou on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be idc'~tified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will he considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to fumish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Erper~e: All data to be provided by CO~R in suppo~ of any proposed "or-equal" or substitute item will he at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: [fa specific means, method, technique, sequcace or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TILACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The pror. edure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7. 1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or-equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submit~:l by CONTRACTOR pursuant to paragraphs 6.7.1.2 ami 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the char~s of ENGINEER and ENGINEER's Consultants for evaluating each such prolx~sed substitute item. C~g S~m~rs, S~.n ~m~ Oared: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or or~n!~'ntino (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objectiou. CONTRACTOR shall not he required to employ any Subcontractor. Supplier or other parso~ or organization to furnish or pad'orrn any of the Work ~inst whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other parsons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Dote of the Agreement for acceptance by OWNER and ENGINEER, ami if CONTRACTOR has submitted a list thereof in accordance with the Supplemaomry Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other parson or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case cONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 substitution and an approp~ate Change Order will be issued or Written Amendment signed. No accepUmce by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver ofafiy right of OWNER or ENGINEER to reject defective World. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and orgamza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations perf°rrmng or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRAL- FoR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is wiih a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- rain provisions whe~by the Subcontractor or Supplier waives all rights a?inst OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insurnds for all losses and danmges caused by, a~sing out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the Patent Fees and Royal~es: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the iocoq~ration in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR sludl pay all govenunental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Ago'cement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Lmvs ~ Reg~t~'a'm: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Re~,,ulations applicable to furnishing and performance of the Work. Except where otherwise expressly requited by applicable Laws and Re~s, neither OWN ER nor ENGINEER shall be responsible for monitoring CON- ~R's compliance with any Laws or Regulations. 6.14.2. If CONTRAL;IuR performs any Work knowing or having reasun to know that it is contrary to laws or Regulations, CO~R shall bear all claims, costs, losses and damages caused by, a~sing out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CO~R of CONTRAC- TOR's obligations under paragraph 3.3.2. 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 the Project which ave applieable during the perfommuce of the the Work, ~'-~-ae record documents, Samples and Shop Draw. Work. ings will be delive~d to ENGINEER for OWNER. U~e v[ Premises: 6.16. CONTR,AL-IuR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Rngulations, rishts-of-way, permits and casements, and shaJI not unreasonably encumber the premises with constn~ction equipment or other materiais or equipment. CONTRACTOR shall assume full responsibility for any dam- a&e to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRAC-i~R shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- T~R shail, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER. ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legai or equitable, brought by any such owner or occupant ~inst OWNER, ENGINEER or any other patty indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACIOR sludl keep the premises free from accum-!n;ions of waste materiais, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the mixes as well as ail tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition ail property not desig~eted for aiteration by the Contract Documents. 6.18. CONTRACTOR shail n°t load nor permit any Part of any smactute to he loaded in any manner that will endan&er the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or p~ssutes thal will endanger it. 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of ail Drawings, Speclflcations, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written inteq~re~atlons and clarifica- tions (issued pursuant to parngraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counteqan't of all approved Shop Drawings will he available to ENGINEER for reference. Upon completion of 6,20. CONTRACTOR shall be responsible for initiating, maintaining and supervising ail safety precautions and pro- grams in connection with the Work. CONTRACTOR shail take all necessary precautions for the safety of, and shail provide the necessary protection to prevent damage, injury or loss to: 6.20.1. ail persons on the Work site or who may be affected by the Work; 6.20.2. ail the Work and materiais and equipment to be incorlxwa~d therein, whether in storage on or off the site; 6.20.3. other property at the site or adjacem thereto, including trees, shrubs, lawns, waiks, pavements, roadways, sU~ctures, utilities and Underground Facilities not desig- eated for removai, relocation or replacement in the course of construction. CONTRACTOR shall comply with ail applicable Laws and Rngulafions of any pul~ic body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain ail necessary safeguards for such safety and protectinG. CONTRACTOR shall notify own- ers of adjacent property and of Under, round Facilities and utility owners when prosecution of the Work my affect them, and shail cooperate with them in the protection, removai, relocation and replacement of their property. All damage, injury or loss to any property refen~d to in para.apb 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other persutt or o~.~ion directly or indirectly employed by any of them m pedonn or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for who~e acts any of them my be liable, and not atu~buta/de, directly or indi- rectly, in whole or itt part, to the fault or ne~ti~euce of CONTRACTOR or any Subcoawa~tor, Suppfier or other per- son or orgava.*tlon directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protectinG of the Work shadl continoe until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in ~ with para- graph 14.13 that the Work is acceptabie (except as otherwise expressly provided in connection with SubsUmtiai Comple- tion). 6.21. CONTRACTOR shell dasi~mte a qualified and expe- rienced safety representative at the site whose duties and 26 responsibilities shall be thc prevention of accidents and thc maintaining and supervising of safety precautions and pro- lizard C~ Pro&,ram~: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. 6.23. In emersencies alfecfiog the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Changn Directive or Change Order will be issued to document the consequences of such action. 6.ts. saoe z~,~gs ~ s,aR4~: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and apwoval in accordance with the accepted schedule of Shop Drawiogs and Sample submittals (see parasraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- fies, dimensions, specified perfmmance and ilasign criteria, materials and similar d_,,n to show.ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited puqx~ses required by parasraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accoptnd schedule of Shop Drawings and Sample sub- initials. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.~. Sabmi~dProcedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CON .'~-,A~R shall have deterrained and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified peffo~nance criteria, instaJlation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaiqiog to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRAC'I~R'S review and approval of that submittal. 6.25.3. At tbe time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific noUuioo to be made on each Shop Drawing end Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine iftbe items covered by the submittals will, alter installation or incorporation in the Work, conform to the information givan in the Contract Documents and be compatible with the design concept of the completed Project as a funcfioaing whole as indicated by the Contract Documents. ENGINEER's review and approval will not extet~ to means, methods, techniques, sequences or procedures of construction (except where a panicolar means, method, technique, se- quence or pmc_,y~_Jre of cottstmcfio~l is specifically and ex- pressly called for by the Contract Documents) or to safety precaations or programs incident thereto. The review and approval nfa separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make conections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRAC'I~R from respon- sibility for any variation from the requirements of the Contract 27 Documents unless CONTRACfOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incoq}orated in or accompanying thc Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with th,:. requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will he at the sole expense and responsibility of CONTRACTOR. Cantbuda$ t~ Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disa&reements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- 'FOR may otherwise agree in writing. 6.30. CONTRACTOR's General Wemm~ ~ Gt~antee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that ail Work WIll be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, mudificationorimpropermaintenance or operation by persons other than CONTRACTOR. Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRAC'rOR',s obligation to per form and com- plete the Work in accordance with the Contract Documents shall be absolute. No~e of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- 'FOR uea-er the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acc~plancc by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30,2.7. any inspection, test or approval by others; or 6.30.2.8. anycorrectionofdefectiveWorkbyOWNER. 6,31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from nmi ,,~inst ail claims, costs, losses and damages (including but not limited to ail fees and charges of engineers, architects, attorneys and other professionals and all corm or arbitration or other dispute resolution costs) caused by. arising out of or resulting from the perfmmauce of the Work, provided that nny such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting theret'rom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Suppher, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, re. less of whether or not caused in pa~ by any nngiigance or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations rngard- less of the negiigence of any such person or entity. 6.32. In any and ail claims against OWNER or ENGi- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any parson or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of tbem may he liable, the iodemni~:~tion obligation under para~aph 6,31 shall not be limited in any why by any limitation on the amount or type of damages, compensation or benefits peyable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of co~R under para~a~ 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sm'~imt o,f Obligations: 6.34. All representations, indemnifications, wan'antias and guarantees made in, required by or given in accordance with the Contract Documents, as well as ail continuing obligations ind~t,-xJ in the Contract Documents, will survive final pay- ment, completion and acceptouce of the Work and ter~aination or completion of the A~'ecment. ARTICLE 7--Off'HER WORK Work ,~ Si~e: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own fomes, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such o~her work is to be performed was not outed in the Contract Documents, then: (i) written outice thereof will he given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a patty to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER*s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do ail cutting, fitting and patching of the Work that may he required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affacted. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the henefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper executiou or results of any part of CO~R's Work depends upou work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly repo~ to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRAc'IUR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparont defects and deficiencies in such other work. 7.4. If OWNER contracts with others for the performance ofothar work on the Project at the site, the following will he set forth in Supplementary Conditious: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination oftbe activities among the various prime contractors will be identified: 7.4.2. the speci~.c matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE IL--OWNER'S RESPONSIBILITIES 8. I. Except as othenvise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR thmogh ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes Gu reasonable objection, whose status under the ConUact Documents shall be that of the former ENGINEER. 8,3. OWNER shall furnish the diatn required of OWNER under the Contract Documents promptly and shall make pay- ments to CO~R promptly whan they nrc due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- eronce points arc set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of repons of explorations and tests of subsurface couditions at the site and drawings of physical conditions in existing st~uctores at or cootigouus to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set fo~h in paragra~s 5.5 through 5.10. 8.6+ OWNER is obiignted to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tious, tests and approvals is set fo~h in parograph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13,10 and 15.1. Farngraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or autho~ty over, nor be responsible for, CONTRAC- TOWs means, methods, techniques, sequences or procedures of construction or the safety precautions and pro.'ams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents, 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, H=-~,xlons Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.1 I. if and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. observations of CONTR.ACTOR's Work ENGINEER will not supervise, direct, conuol or have authority over or be respon- sible for CONTRAC-IOR's means, methods, techniques, se- quonces or procedure~ of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cniqc to the furnishing or performance of the Work. 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in par~ 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. ARTICLE 9--ENGINEER'S STATUS DURING CONb'I'KUCTION OWNBR's Represt~: 9.1. ENGINEER will he OWNER's repr--vaentative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative durin~ constriction are se~ forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Vbt~ ~o $i~: 9.2. ENGINEER will make visits to ~he site at intervals appropr~te to the various stages of construction as ENGI- NEER deems necessary in order to observe as au experienced made and the quality of the various aspects of CONTRAC- TOWs executed Work. Based on informa~ obtaiued during such visits and observatioos, ENGINEER will endeavor for the benefit of OWNER to determine, in ~merai, if the Work is proceeding in ~c_-~lanc~ with the Contract Documents. EN- GINEER will not be required to make exlmustive or continu- ous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a grea_ _!,"r de~ee of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on-site observations, ENGINEER will keep OWNER infonned of the prog~ss of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on-site observations are subject to all the limitations on ENGINEER's authmity and responsibility set forth in para~ 9.13, and particularly, but without limitatioo, during or ~ a result of ENGINEER's on-site visits or 9.4. ENGINEER will issue with reasonable promptness such written clarifications or inteq~retations of the require- merits of the Contract Documents (in the form of Drawings or othorwise) as ENGINEER nmy determine necessary, which shall be consistent with the intent of and reasmmb~y inferable from Contract Doounents. Such written clerifications and inteq~rer~ions will be biedin~ on OWNER a~d CONTRAC- TOR. If OWNER or CONTRACTOR believes that a wtiUen clafi_~'_~_~oa or inteq~etation justif~s au a~usmlont in the Contrnct Price or the Contruct Tones aud the pa~ies are uneble to a~ee to the nmonnt or extent ~aereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. 9.5. ENGINEER may autimdze micor vacations ia the Work frum tbe requiremonts of the COhOrt Documonte whlch do nm involve an adjustment in the ConU~t Prlee ortbe the completed Projnct as a functioning whole as indicated by the Contract Documents. These may be nccxm~ishod by a Field On,er and will be bindin8 on OWNER and also on CO~R who shall perform the Work involved promptly. If OWNER or CON'FRAC'iOR believes that a Field Order justifies an adjustment in thc Contract Price or the Contract Times and the panics are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim there~ror as provided in Article I I or 12. Rejec/iag De/e~e Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to he defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13,9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change On:lets. see Articles 10. I I. and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article la,. Det~nnhm~ns for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will he final and binding upon OWNER and CONTR~R, unless, within ten days a~er the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC-A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9. I 1. 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to E' 'GINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will he delivered by the claimant to ENGIN ERR and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will he submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submiss!on of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any. in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWN ER and CONTRACTOR unless: {i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9. I I. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGIN ERR pursuant to paragraphs 9.10 or 9. I I with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Litn#atk~ on ENGINEER's Aathodty and Reslnmsibd~s: 9.13.1. Neither ENGINEER's anthority or responsibil- ity under.this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such anthonty or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor. any Supplier, any otheF peFSOfl OF or~aniz, ation, or to any surety for or em- ployee or agent of any of them. 31 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- g~ms incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable m the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with thc Contract Docu- mcnts. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACIOR or of any Subcontractor, any Supplier. or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nonce and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that thc results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility sct forth in this para&raph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10~CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may. at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order. or a Work Change Directive. Upon receipt of apy such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provid,'d ;n paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CO~q'RACTOR shall execute apprn- priate Change Orde~ recommended by ENGINEER (.or Writ- ten Amendmenl~) c~r~ering: 10.4.1. changes m tbc Work which are ti) ordered by OWN ER pursuant to parng~ph 10. I, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to parngraph 9.1 I; provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in parag~ 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions oftbe Contract Documents (includ- ing, but not limited to, Contract P~ce or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I-=CHANGE OF CONTRACT PRICE I1.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACI13R's expense without change in the Contract Price. I 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start oftbe occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additio~ml time for claimant to submit additional or more accurate data in support oftbe claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers ail known amounts to which the claimant is entitled as a result of said occorrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9. I I if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 32 b~ valid if not submitted in accordance with this paragraph 11.2. I 1.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices co,tained in the Contract Documents. by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); I 1.3.2. where the Work involved is not covered by unit priccs contained in the Contract Documents. by a mutually a&reed lump sum (which may includc an allowance for overhead and profit not necessarily in accordance with paragraph I 1.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in thc Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on thc basis of the Cost of the Work (determined as provided in paragraphs I 1.4 and 1 I..5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph I 1.6). cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of suq~lus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWN ER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost oftbe Work and fee as provided in paragraphs 11.4. I 1.5. 11.6 and I 1.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe. cifically related to the Work. 11.4.5. Supplemental costs including the following: C~ o[ ~ Wor~: 11.4. The term Cost of the Work means the sum of allcosts necessa~ly incun'ed and paid by CONTRACTOR in the proper perfonaance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the fo[lowing items and shall not include any of the costs itemized in paragraph I I..5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of thc Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed fall time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, sala~es and wages plus the Cost Of fringe benefits which shall include socia~ security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay apldicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and stora&e thereof, and Suppliers' field services requirecl in connection therewith. Ali cash discounts sludl accrue to CONTR~R unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ploynes ineum:d in discharge of duties connected with the Work. 11.4.5.2, Cost, including transportation and mainte- eance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which rem~n the property of CONTILACTOR. 11.4,5.3. Rentals of all consttuctiou equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental ngree- merits approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, insUdlatino, dismantling and removal thernof -all in accordance with the terms of saki rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.4.5.4. Sales, consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- genee of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I 1.4.5.6. Losses and damages (and related expenses) caused by damage m the Work, not compensated by insurance or otherwise, sustained by CON~R in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of prope~y insurance established by OWNER in accordance with paragraph 5.9}, provided they have re- sult,d fron. causes other than the negligence of CON- TRACTOR, any Subcontractor, or anynoe directly or indirectly employed by any of them or for whose acts any of them may be liablc. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall he included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall he paid for services a fee proportionate to that stated in paragraph I 1.6.2. I 1.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. I 1.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. I 1.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: I 1.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of pannership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by par~ I 1.4.~ ~1 of which me to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CON'TRAL-'1OR's principal and branch otfices other than CONTRACTOR's o~ce at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges n~oninst CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for ali Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph I 1.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in para&raph I 1.4. .6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: I 1.6.1. a mutually acceptable fixed fee; or I 1.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: I1.6.2.1. for costs incurred under paragraphs 11.4.1 and I 1,4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; I 1.6.2.3. where one or more tiers of subcontracts axe on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of par~s 11.4.1. 11.4.2, I 1.4.3 and I 1.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fiRnen percent of the costs incurred by such Subcontractor under para~ I 1.4.1 and I 1.4.2 and that any higher tier Subcontractor and CONTRACTOR will each he paid a fee of five percent of the amount paid to the next lower tier Subcontractor; I 1.6.2.4. no fee shall he payable ou the basis of costs itemized under parngraphs I 1.4.4, 11.4.5 and I 1.5; 11.6.2.5. the amount of credit to he allowed by CON- TRACTOR m OWNER for a~,.,, change which results in a net decrease in cost will be the amount of the act~ net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and I 1.6.2.6. when both additions and credits ate involved in any one change, the adjustment in CONTRACq~R's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. I 1.7. Whenever the cost of any Work is to be determined pursuant to paraaraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown gether with suRanrting data. C~h Allo~mces: I 1.8. It is understood that CONTRACTOR has included in the Contract Price ail allowances so named in th~ Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. thc allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final paymem, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTEOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: I 1.9. I. Where the Contract Documents provide that ail or part of the Work is to be Unit Price Work, initially the Contract Price will he deemed to include for ail Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantifies of items of Unit Price Work are nol guaranteed and are solely for the propose of comparison of Bids and dotermining an initial Contract Price. Determinations of the actual quantities and classifica- lions of Unit Price Work performed by CONTRAC'IUR will he made by ENGINEER in accordance with para,apb 9.10. I 1.9.2. Each unit 'price will be deemed m include an amount considered by CONTRAL-iOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. I 1.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article It if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with ,'espect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes t hat CONTRAC- 'FOR i~ entitled to an increase in Contract Price as a result of having incum~d ndditionai expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. Thc Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall he based on written notice delivered by thc pa~ty ma~ing the claim to the other patty and to ENGINEER promptly (but in no event later than thirty days) after the occunence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which thc claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in thc Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise asroe. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times (or Milestones) will he extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not he limited to, acts or neglect by OWN ER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall he deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall he CONTRACI'OR's sole and exclusive remedy for such delay. In no event shall OWNER he liable to CONTRAC- TOR, any Subcontractor, any Supplier. any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of Gnd or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13---TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Week: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other represeotatives and personnel of OWNER, independent testing laboratories and govemmnnml agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACII~R shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilibate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: ] 3.4. I. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall he paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shal~ assume full respoh~ibility for arranging and obtaining such inspections. tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACI1)R .sh~ also be responsible for arrang- ing and obtaining and alud[ pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's .acceptance o/ materials or equipment to he incoq)orated iff the Work, or of materials, mix designs, or equipment submitted for appeoval prior to CONTRACTOR's purchase thereof for iacoqxwation in the Work. 13.6. If any Work (or the work of others) that is to he inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must. if re- quested by ENGINEER, he uncovered for observation. 13.7. Uncovering Work as provided in para&mph 13.6shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGINEER, he uncovered for ENGINEER's observation and replaced at CONTRACtOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work he observed by ENGINEER or inspected or tested by others, CO--R, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an approprinte dncrease in the Contract I~ce, and, if the pasties are unable to agrne as to the amount thereof, may make a claim therefor as provided in Article I I. If, however, such Work is not found to be defective, CONTRACTOR shall he allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servatinn, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stog the Work.. 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 36 shall not give rise to any duty on the part of OWNER to exercise this fight for the benefit of CONTRACTOR or any surety or other party. Coffee,on or Removal of Defe~ve Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Corre~fon Per/~d: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defectire, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moral and replacement (iuclnding but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipmont is placed ih continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting tberefrom) has been correct~d, removed or replaced under this I~'agraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moral and replacement has been satisfactorily completed. Accej~tmte of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER land, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to he approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will he issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OW N ER shall be entitled to an apprOpriate decrease in the Contract P6ce. and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I I. If the acceptance occurs after such recommenda- tion, an appropriate amount will he paid by CONTRACTOR to OWNER. OWNER May Convct Defe~ive Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.1 I. or if CON- TRACTOR fails to ped'orm the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision oftbe Contract Documents. OWNER may. after seven days' written notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such con-ective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work. and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stood at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cass to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTR.~'-'TOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I I. Such claims, costs, losses and damases will include but not be limited to ali costs of repair or replace- ment of work of others destroyed or damaged by con'ection, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the perfonnance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE 14--~PAYMENTS TO CONTRACTOR AND COMPLETION $clmbat of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 will he incorpor~ed into a form of AppliC~On for Payment acceptable to ENGINEER. Progress payrnonts on account of Unit Price Work will bi: based on the numher of units com- pleted. 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRAC'I~R shall submit to ENGINEER for review an Application for Payment filled out and sig~ed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also he accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will he as stipulated in the Agreement. COArrRACTOR'~ Wamm~ of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incoq~orated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in w~tiog a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Appticatino, Ten clays after presentation of the Application for Fayment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5, ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on-site obser~aiio~s of the executed Work as an experienced and quniified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, thai to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Wo~ is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion+ to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under par-at.apb 9.10, and to any other quali- ficatious stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby he deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not he other matters or issues between the penies that might entitle CONTRAC- TOR to he paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of constrnction, or the safety precau- tions and programs iucidant thereto, or for any failure of CO~R to comply with Laws and Regulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRACTOR to perform ot furnish Work in accordance with the Coatrnct Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be inconuct to make the representations to OWNER referred to in paragniph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently di~ov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously rec~. to such extent as may he necessary in ENGINEER's opinion to Im:va~ct OWNER from loss been.~e: 14.7.1. the Work i~ defective, or completed Work has been damnged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendmam or Change Order, 14.7.3. OWNER has been required to con'ect defec- tire Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5, claims have been made agmnst OWNER on account of CONTRACTORs performance or furnishing of the Work, 38 14.7.6. Liens have been filed in connection with the Work, except where CONTRAC1~R has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set-~F against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- fence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must g~ve CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CO~R the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN- ER's satisfaction the rea.sons for such action. 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWN ER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- 'fOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall he attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate dunng which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, alter consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within sa~d fourteen days execute and deliver to OWNER and cONTRACTOR a definitive certificate of Sub- stantial Completiou (with a revised tentative list of items to be completed or conected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any ob. iectious from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with r~pect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing p~or to ENGINEER's issuing the definitive certificate of Substaotial Completion, ENGINEER's aforesaid recommendatiou will he binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work at~er the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: ti) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functiouing and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletiou of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TR,a~'IOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete: CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- kate of Substantial Completion for that part of the Work. CONTRACTOR at any time nmy notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. Within a reasonable time al~er either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that pa~ of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- lng giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will ap~ly with respect to certification of Substantial Completing of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. F/aa/I~: 14.11. Upon written notice from CONTRAL-"1~R that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspectiou with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 particulars in which this inspection reveals that the Work is incomplete or defective. CO~R shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all masntenance and operating instructions, schedules, guarantees. Bonds, certifi- cates or other evidence of insurance required by parasraph 5.4. certificates of inspection, ma~ed-up record documents (as provided in parasraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent oftbe surety, if any, to final payment, and (iii) complete and Icily effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebted ness connected with the Work for which OWN ER or OWNER's property might in any way he responsible have been paid or othenvise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collatend satis- factory to OWNER to indemnify OWNER ngaiast any Lien. Finai Payment aad A ~ : 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation aa required by the Contract Documents, ENGINEE,,~. is satisfied that the Work has been completed and CO~R's other obliBatio~s under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTILACTOR that the Work is acceptable subject to the provisions of par~ 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary con'ections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and subst~,,ce and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will he paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is sisnificaotly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER. and without tenuinating the Agreement, make pay- merit of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retaina~e stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. I, the written con- sent of the surety to the payment of the balance due for that porting of the Work fully completed and accepted shall be submitted by CO~R to ENGINEER with the Appli- cation for such payment. Such payment shaJI be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. W~er of Clalm$: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unseuled Liens, from defective Work appearing after final inspection pursu- ant to par~ 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified the~in, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR -?inst OWNER other than those previously made in writing and still unsettled. ARTICLE 15~SUSPENSION OF WORK AND TERMINATION OWNER May Sm~smd Wor~: 15.1. At any time and without cause, OWNER may sus- pend thc Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRAC'fOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the dnte so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly aUfibutable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OWNER May Tennim~: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRAL*'IOR persistently falls to perform the Work in accordance with the Contract DocumentS (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the prngress schnduie establJshnd under paragraph 2.9 as adjusted from time to time pursuant to para~t~h 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACq~R othcnvise violates in any sub' s~aotial way any provisions of the Contract DocumentS; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to thc extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish thc Work as OWNER may deem expedient. In such case CONTRACTOR shall not he entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claitos, costs, losses and damngcs sustained by OWNER arising out of or resulting from completing thc Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the tgrminatioo will not affect any rightS or remedies of OWNER against CONTRACTOR then existing or which may thereaRer accrue. Any retention or payment of moneys due CONTR~,CTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACIOR and ENGINEER, OWNER may, without cause and without prejudice to any other fight or remedy of OWNER. elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and accepb~ble Work executed in accordance with thc Conu'act Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sus~alnnd prior to the effective da~e of tem~nation in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly ato'ibu~abie to termination. CONTRACTOR shall not he pa~d on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTIC4CTOR May $~op Work er Tenwim~e: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to he due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time. terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has fallnd to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be duc, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until paytoont of all such amounts due CONTRACTOR, includ{ng interest thereon. Thc provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE R~LUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may a~se under this A~eemant, such dispute resolution method and procedure, if any. shall be as set forth in Exhibit GC-A. "Dispute Resolution Agreement." to he attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.!0, 9.11. and 9.12. OWNER and CONTRACTOR may exercise 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giving No, ce: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the coq~oration for whom it is intended, or if delivernd at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Comp,,,,~,'~n of Times: 17.2.1. When any period of time is referred to in the Contract Documents hy days. it will he computed to exclude the first and include the last day of such period. If the last day of any such period fails on a Saturday or Sunday or on a day mnde a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computation. 17.2.2. A calendar day of twenty-fnor hours measured from midnight to the next midnight will constitute a day. Notice of Ctt~: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will he made in writing to the other party within a reaS°nabie time of the first observance of such injury or damage. The provisions of this paragraph 17,3 shall not he construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cur~,,~,~e Remec~e$: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13,14. t4.3 and 15.2 and ail of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connectio~ with each particular duty, obligation, right and remedy to which they apply. [The remainder of this page was lett blank intentionally.] 42 EXHrRIT GC-A to C, ener~l Conditions of the Agreem~t B~w~.n OWNER ami CON- TRACIDR Dated For use with F_JCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Aaicle 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- lance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation than obtaining, subject to the limitations of this Article 16. This a~reement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the cartier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the panics have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragr~o~ 9. Il; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proc_e?d__ings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the A~'eement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty-day or ten- day period specified in ' paragraph 16.2 as applicable, and in ail other cases within a reasonable time after the claim, dispate or omer matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable prncendin~ based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithslanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may jnin such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OVstNER and CONTRACTOR involving the Work of such Subcontrac- tor Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will he final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC-AI 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes and other matters in question between ~hem arising out of or relating to the Conu"a~t Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Constn~ction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating a~inst the other a demand for arbitration pursuant to paragraphs 16. I through 16.6. unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The respective thitxy and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC-A2 Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): ~OND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) CON'I'KACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) EJCDC No. 1910-28A (1984 Edition) Prepared th, ,~ugh the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents ConUmttee, The Associated General Contractors of America, and the American Institute of Architects. I. The Contractor and the Surety. jointly and severely, bind themselves. their heirs, executor~, administrators, successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond. except to pa.r- ticipate in conferences as provided in Subparagraph 3.1. 3. It' there is no Owner Default. the Surew's obligation under this Bond shall arise after: 3. I. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 betow, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner. the Contractor and the Surety a~'ee, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any. subsequently to declare a Contractor Default: and 3.2. The Owner has declared a Contractor Default and formally ter- minated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro- vided in Subparagraph 3. I; and 3.3. The Owner has ag~'eed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. Wben the Owner has satisfied the conditthns of Paragraph 3. the Surer y shall promptly and at the Surety's expense take one of the following actions: 4. I. An'anga for the Contractor. with consent of the Owner. to perform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivaJant to the bonds issued on the Construction Contract. and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner rasuiting from the Contractor's default; or 4.4. Waive its right to perform and complete, arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the ~mount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed a~ provided in Paragraph 4 with reason. able promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its oblip, tions under this Bond. and the Owner shall be entitled to enforce any reinedy available to the Owner. If the Surety proceeds as provided in Subpara~aph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability. in whole or in part. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 4. I. 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construcuon Contract. and the responsibilities of the Owner to the Surety shall not ~ limit of the amount of this Bond. but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication 6. I. The responsibilities of the Contractor for correction of defective 6.2. Additional legal, design professional and delay costs resulting failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages, or if nc liquidated damages are specified in the Construction Contract. actual damages caused by delayed 7. The Surety shall not be liable to the Owner or others for obligations of Balance of the Conb-ant Price shall not be reduced or set oft' on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors. edmJnistrators, or successors. 8. The Surety hereby waives notice of any cham,e, including changes of orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part oftbe work is located and shall be instituted within two years after Contractor Default ot within two yea. rs after the Contractor ceased work- ing or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this ~ph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the eddtess shown on the signature page. I 1. When this Bond has been furnished to comply with a statutory o- other lepJ requirement in the Incat~on where the construction was to '~ performed, any provision in this Bond conflicting with said statutory o: legaJ requirement shah be deemed deleted herafrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herain. The intent is that this Bond shah be construed as a 12. Defiditions. 12.1. Balance of the Contrax:t Price: The total amount payable by the all proper adjustments have been mede. including allowance to the Owner in settlemem of insurance or other claims for dam. ages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Conttantor under the Construction Contract. 12.2. Construction Contract: The agteemem between the Owner and the Contractor identified on the s~nature p~e. including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Coot ractor, which h~s neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. [2.4. Owner Default: FaHura of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Construction Payment Bond Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRAC"I'OR (Name and Address): SURETY (Name and Principa{ Place of Business): OWNER ('Name and Address): CONb-i'RUCTION COI',,FrRACT .aanount Description (Name and Location): BOND Date (Not eadier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Coml~ny: (Corp. Seal) Si~natore: Name and Title: Signature: Name and Title: CON'i-ieu%CrOR AS PRINCIPAL Coml~ny: SURETY (Corp. Sea{) Company: (Corp. Sea{) Sisnaum~: Name and Title: Signature: Name and Title: EJCDC No. 1910-28B (1984 Edition) Prt. pared through th,; joint efforts of the Surety 3ssociat~n ~f America, ~nginee~ Joint Contract l~o~uments Committe~. T .he. As .spc..~l General Contractors o~ America. Amcncan Institute of Architects. American Sub~mstractoe$ Assocml~on, and the Assoemte{l ~peoal y Contractor. Repnnted 10/90 I. The Coetracta' and the Surety. jom:ly and sever,~ly, bthd ~v~, ~r ~, ex~u~, ~m~, ~ ~ ~ ~ ~ ~ to ~y f~ ~ ~. ~h is i~ ~ by 2. With ~t to ~ ~r. this o~i~ s~l ~ null ~ void if t~ 2.2. ~e~s. i~emn~ ~ ~s ~ t~ ~r ~ clams, Surety (~ the ~d~s d~ in ~ 12) of~y c~ms, 3. With ~t to C~, this ~1~ s~l ~ null ~ v~ if t~ or ~i~ t~, to t~ ~, wi~in ~ ~ys ~er having I~t were fumi~ ~ su~ ~ f~ w~ t~ I~ w~ ~ or 2. Have ei~r ~v~ a ~ in w~ ~ in ~ f~ the C~tor. ~ n~ ~iv~ wi~in ~days ~ fumishi~ the a~ve Cont~t~ ~ i~ ~ c~m ~11 ~ ~ di~y or i~i~y; ~ ~ 12) ~ ~nt a ~y, ~ ~ t~, to t~ ~r, s~ of t~ proves w~t~n n~ fumis~ to ~ C~t~t~. S. If a n~ ~ui~ by ~h 4 is ~ven by t~ ~t to the C~ or to the ~y, ~ is su~nt c~. 6. ~ ~ C~t h~ ~ t~.~it~s ~ 4. t~ Su~ty sh~l ~y ~ ~ t~ Su~ty's ex~ ~e t~ f~i~ ~t~s: 45 ~ys ~r ~i~ ~ t~ c~m, s~ ~ ~n~ t~ ~ u~s~t~ ~ t~ ~is f~ c~ ~y ~nts t~ ~ di~. 6.2. ~y ~ ~ f~ ~y~t ~y u~i~t~ ~n~. 7. ~ Su~'s ~ ~1~ s~l ~ ex~ t~ ~m ~ this ~, ~ f~ by t~ Su~y. 8. A~n~ ow~ by t~ ~r to t~ Con~ u~ t~ C~ C~ s~l ~ u~ f~ ~ ~ oft~ Cons~t~ C~ ~ to ~is~ c~ms, iffy, u~r ~y C~t~t~ ~H~e Bo~. By t~ Contract are dedicated to sasisf~ obit~ooes of the Contractor and the Surety under this Bond. subject to the Owner's priority to use the funds for orde~ and other obligations. the date ( I ) on which the CL~mant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the Inst labor or service was performed under the Construction Contract, whichever of (I)or (2) first occurs. It' the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shail be applicable. noOce by Surety, the Owner or the Contractor. however accomplished, shail signature legal requirement in the location where the coestzuctioa was to he per- formed, any provision in the Bond conflicting with said statutory or lega~ requirement sheJI he dcemed deleted he~ .i', om and provisions conforming to such statutory or other le~ requirement shall be deemed incoqc~orated herein. The intent is. that this B4~d shall be const~ed as a statutory bond 14. IJpo~ request by any perse~ or en~ity al~eanng to be a potentinl hene~ciar/of this Bond. the Contractor shall promptly furnish a copy of this Bond or shall pennil a copy m be made. labor, mate~als or equipment for use in the performance of the limilatio~ in the terms "labor, mazeri~ls or equipment" that pa~ of weler, ga~. power, lilht, he~. oil. gasoline, telephoee service or and en~ineerin~ services required for pe~ormance of the wo~ of the Contractor and the Conu*actor's subcontractors, and all other ilems for which a mochauic*s lien may be a~erted in the jurisdic- tion where the labor, mate~'ials or equimt were furnished. 15.2. ConsttuclJon COnkTaCt: The a~reement betwcen the Ow~let and the Contractor identified on the si~natore p~e, includin~ all Contract Documents and chants thereto. 15.3. Owner Default: Failure of the Owner, which he~ neither been remedied nor w~ived, to pay the Contractor a.~ required by the Construction Contract or to perform and complete or comply with (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT o, BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): BID BOND PENAL SUM FORM BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms I~n~ on the rewme side hereof, do each ceues this Bid Bond to be duly executed on its behalf by its authod~d off~ ~ or ~. BIDDER SURETY (Sea~) (S~d) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Attest: Attest: Signature and T~tle Signature and Titie (Attach Power of Attorney) Signature and Note: (1) Above add __re,~,e~___ are to be used for giving required notice. (2) Any angular ~e;erence to Bidder, Surety, Owner or other party shat be considered plural where applicable. EJCDC NO. 1910-28-C (1990 Edition) I. Bidder and Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, succes- sors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Doctunents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder deliv- ers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Docu- ments, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Docu- ments (or any extension thereof asreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 3 hereof). 4. P~yment under this Bond will be due and payable upon default of Bidder and within 30 calendar days a~er receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action sludl .be commenced under this Bond prior to 30 calendar days after the notice of default required in para&raph 4 above is received by Bidder and Surety, and in no case !~t~ than one year after Bid Due Date. 7. Any suit or action under this Bond shall be com- mencnd only in a court of competent jurisdiction lo- cated in the state in which the Pm'jeer is located. EJCDC NO. 1910-28-C (1990 Edition) 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return re- ceipt requested, postage pre-paid, and shall be deemed to he effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a cun'ent and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of t::e Bond conflicts with any applicable provision of any applicable statute, then the provision of said statue shall gnvem and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. I I. The term "bid" as used herein includes a bid, offer or proposal as applicable. BID BOND DAMAGES FORM BIDDER (Name and Address}: SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID BID DUE DATE: PROJECT (Brief Description Including Location): BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reveme side hereof, do each cause this Bid Bond to be duly executed on its behNf by its authorized officer, agent, or repreeentative. BIDDER SURETY (Seal) Bidder's Name and Corporate Seal By: Signature and Title Attest: Signature and Title (Seal) Surety's Name and Corpofa~ Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other pan'y shall be considered plural where applicable. EJCUC NO. 1910-28-D (1990 Edition) I. Bidder and Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, succes- sors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as deter- mined by Owner for the Work required by the Contract Documents, provided that: 1. I. If there is no such next lowest, responsible and responsive bidder, and Owner does not aban- don the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obliga- tion hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and bidderdeiiv- ers within the time required by the Bidding Documents (or any extension thereof a~eed to in writing by Owner) the executed A-gree- ment required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Doc- uments, OF 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bid- ding Documents (or any extension thereof agreed to in v~tin~ by Bidder and, if applica- ble, consented to by Surety when required by 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days al~er receipt by Bidder and Surety of written notice of default from Owner, which notice will be ~iven with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and ail defenses based on or arisin& out of any time extension to issue notice of award agreed to in writing by Ov~er and Bidder, provided that the totaJ time for issuing notice of award including extensions shall not in the a~gate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to ~0 calendar days after the notice of default required in pm'ngmOh 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be com- menced only in a court of competent jurisdiction lo- cated in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personni delivery, commercial courier or by United States Registered or Certified Mail, return re- ceipt requested, postage pre-paid, and shall he deemed to be effective upon receipt by the party concerned. 9. Surety shall ,~-~ to he attached to this Bond a current and effective Power of Attorney evidence8 the authority of the ot~cer, ngent or representative who executed this Bond on bohalf of Surety to execute, sea] and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to ail applicable s~,n-ory requirements. Any al~li~bl~ requiran~nt of any applicable sUstu~ that has been omitted from this Bond shall be deemed to be included heroin as if s~t forth at length. If any provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. I1. The term "bid" as used herein includes a bid, offer or proposal as applie,~bl~. EJCDC NO. 1910-28-D (1990 Edition) 00805-1 95E09 SECTION 00805 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend and supplement Section 00700 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are amended or supplemented remain tn full force and effect as so amended or supplemented. All provisions of the General Conditions which are not so amended or supplemented rematn in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions. Amendments and Supplements The following are instructions that amend or supplement specific paragraphs in the General Conditions and other Contract Oocuments. ARTICLE 1 - DEFINITIONS Delete the first paragraph of Article 1 "Wherever used in these .... and plural thereof:" in its entirety and insert the following in its place: "Whenever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise.' SC-1.18. Add a new paragraph immediately after paragraph GC-1.18. which is to read as follows: A listing of ENGINE£R's Consultant(s) is as follows: NOR Engineering, Inc. SC-1.35. Add the following language after the second reference to CONTRACTOR: "after his review and approval of same." S.C.-1.46. 00805-2 Day - A "calendar day" betng any successive day or days of the week or month, no days excepted unless otherwise defined within these Contract Documents. S.C.-I.47. Furnish or Install or Provide or Supply - The word "Furnish' or the word 'Install' or the word "Provide' or the word "Supply," or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPOI~ATING IN THE WORK including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context. ARTICLE 2 - PRELIHIHARY HALTERS SC-2.2. Amend the first sentence of paragraph GC-2.2. by striking out "ten copies," and substituting "five copies." SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu thereof: "The Contract Time shall commence to run on the tenth day following the date of Notice to Proceed.' 5C-2.4. Amend paragraph GC-2.4. by striking out the second word of the sentence "shall' and substituting "may'. SC-2.5. Amend the first sentence of paragraph GC-2.5. by striking out the words 'and all applicable field measurements,' and substituting 'against all applicable field measurements and conditions." SC-2.8. Amend the first sentence of paragraph GC-2.8. by striking out the words 'Within twenty days..., a conference', and substituting 'After Notice of Award, but before any Work at the site is started (except with approval of OWNER), a conference.' SC-2.9. Amend the first sentence f paragraph 2.9. by adding the following at the beginning of the sentence, 'If requested by Owner, Engineer, or Contractor.' SC-2.10. 00805-3 Add the following new paragraph 2.10 immediately after 2.g. Conflict of Interest 2.10 City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer of employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ARTICLE 3 - CONTPJ~CT DOCUMENTS: INTENT, AHENDIN$, REVISE SC-3.2 Add the following language at the end of the paragraph 3.2.: "If there is any conflict between the provisions of the Contract Documents and any such referenced standard specifications, manuals or codes, the provisions of the Contract Documents shall take precedence over that of any standard specifications, manuals or codes." Add two new paragraphs at the end of paragraph SC-3.2 which are to read as follows: 3.2.1. The Specifications may vary in form, format and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as 'the Contractor shall,' 'in conformity with,' 'as shown,' or 'as specified' are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making claims for extra Work." 3.2.2. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:' and elsewhere within each specification section is provided as an aid and 00805-4 convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire work under the Contract Oocuments and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing ts complete." ARTICLE 4 - AVAII.~BILITY OF LANOS: PIr/SiCAL CONDiTiONS: REFERENCE POINTS SC-4.1. Add a new paragraph 4.1.1. which is to read as follows: 4.1.1. Easement 11nes shown on the Contract Orawtngs are approximate and were provided to establish a basts for bidding. Upon receiving the ftnal easement descriptions, CONTRACTOR shall compare them to the lines shown on the Contract Orawtngs. If CONTRACTOR considers the final easements provtded to differ materially from the representations on the Contract Orawtngs, CONTRACTOR shall wtthin 5 calendar days and before proceeding with the Work, notify ENGINEER in wrtting of any extra costs or ttme of performance associated with the differing easement line locations and the claim shall be administered in accordance with the Conditions of the Contract. SC-4.2.1.1. Delete paragraph and replace with the following, 'No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to the subsurface conditions." Add new paragraph 4.3.2.1. and 4.3.2.2. which are to read as follows: 4.3.2.1. Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTILRCTOR shall replace the utilities or service 1tries with the same type of original construction, or better, at this own cost and expense. 4.3.2.2. If tt is necessary to change or move the property of any owner or of a public utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be necessary by the performance of this contract. 00805-5 SC-4.4. Reference Potnts Add the following new paragraph 4.4.1. immediately after paragraph 4.4: 4.4.1. Construction stakes shall be provided by the Contractor as per Item 4.4. of the General Conditions. Vertical control has been established as shown on the construction plans. Horizontal control can be established from control points indicated on the construction plans. The Contractor shall be responsible for establishing all 1tries and grades, and the precise location of all proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and grades established by the Contractor to determine the conformance of the completed Work as it progresses with the requirements of the construction documents. Such checking by the Engineer shall not relieve the Contractor of his responsibility to perform all Work in connection with Contract Drawings and Specifications and the lines and grades given therein. ARTICLE 5 - BONDS AND INSURANCE SC-5.1. Amend paragraph GC-5.1. by adding the following second sentence of the paragraph. Maintenance bonds shall be required in the amount of 50% for a g-year period. Amend paragraph GC-5.1. by adding the following sentence at the end of the paragraph. The performance bond shall include, in part, provisions to indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and their respective officers, directors, agents, and employees as provided in paragraph GC-6.31. Also, delete following sentence in section 5.1: All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of 'Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies' as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. SC.5.3 through SC.5.7 Delete sections 5.3 through 5.7 in their entirety and substitute the following in lieu tkereof: 00805-6 5.3. 5.3.1. 5.3.2. 5.3,3. Insurance Required. The Contractor shall not commence work under this contract until he has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Standard Specifications for Public Works Construction as amended October 17, 1991, and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on this subcontract until all similar insurance of the subcontractor has been so obtained and approved. Compensation Insurance. The Contractor shall take out and maintain during the life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident Disease Each Employee Disease Policy Limit $100,000 $100,000 $500,000 Commercial General Liability Insurance. Contractor shall take out and maintain during the life of this contract such General Liability Insurance (including explosive, collapses and underground damage coverage) as shall protect him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The minimum amount of insurance shall be as follows: General Aggregate Product-Components/Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Oamage (any one fire) Medical Expense (any one person) $1,000,000 $1,000,000 SGO0,O00 $600,000 $50,000 $5,000 Automobile Liability Insurance. The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned 00805-7 vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall beas follows: Combined Bodily Injury and Property Damage Bodily Injury Bodily Injury Property Damage 5.4. Protective Liability Insurance. $600,000 per occurrence $250,000 per person $500,000 per accident $100,000 The Contractor shall take out and maintain during the life of this contract an owners protective liability insurance policy. Coverage shall be on an 'occurrence' basis and the poltcy shall be issued by the same insurance company that carries the contractors liability insurance. The minimum amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $500,000 per occurrence $1,000,000 aggregate 5.5. Proof of Carriage of Insurance. The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance required as required by paragraph 5.8 or the General Conditions. SC-5.8. Amend paragraph GC-5.8. by deleting the word 'OWNER' in the third line and substituting the word 'CONTRACTOR', deleting the words 'and CONTRACTOR' in the seventh line, deleting the words "paragraph 5.6 and 5.7 ' on the third line and substituting the words 'paragraph 5.2 and 5.4,' and by striking out the words: 'to whom a certificate of insurance has been issued'. SC-5.10. Delete paragraph 5.10 in its entirety and insert the following in lieu thereof. 5.10. If OWNER requests in writing that other special insurance be included in the property insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost thereof will be charged to OWNER by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been provided by CONTRACTOR. SC-5.11. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6 and 5.7 in the 4th line and substituting the words 'paragraph 5.4,' and delete the word 'OWNER' in the next to last line and substitute the word 'CONTRACTOR.' 00805-8 SC-5.11.2. Delete paragraph 5.11.2 in its entirety and insert the following in lieu thereof: 5.11.2. CONTRACTOR intends that any policies provided in response to paragraph 5.4 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. SC-5.12. Amend the first sentence of paragraph 5.12 to delete reference to paragraph 5.6 and 5.7 and substituting the words 'paragraph 5.4 of the Supplementary Conditions.' SC-5.14. Delete paragraph 5.14 in its entirety and insert the following in lieu thereof: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents. SC-5.15. Amend the first sentence of paragraph 5.15 to delete the word "Substantial.' Add two paragraphs immediately after Paragraph GC-5.15 which are to read as follows: 5.15.1. All insurance required by the Contract Documents, or by laws or regulations shall remain in full force and effect on all phases of the Work, whether or not the Work is occupied or utilized by OWNER, until all Work included in the agreement has been completed and final payment has been made. 00805-9 5.15.2. Nothing contained in the insurance requirements shall be construed as limited the extent of CONTRACTOR's responsibility for payment of damages resulting from his operations under the Contract. CONTRACTOR agrees that he alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Oocuments. Any approval by OWNER or ENGINEER shall not operate to the contrary. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.4. Add a paragraph immediately after paragraph GC-6.4. which is to read as follows: 6.4.1. Where the Work requires equipment be furnished, due to the lack of standardization of equipment as produced by the various manufacturers, it may become necessary to make minor modifications in the structures, buildings, piping, mechanical work, electrical work, accessories, controls, or other work, to accommodate the particular equipment offered. CONTRACTOR's bid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of ENGINEER. SC-6.5. Add the following sentence at the end of the first sentence of paragraph GC-6.5: All items of standard equipment shall be the latest model at the time of delivery. SC-6.7.1.Z. Amend the sixth sentence of paragraph GC-6.7.1.2. by deleting the word "Substantial.' Add a new paragraph after paragraph GC-6.15., which is to read as follows: 6.15.1. Recent legislation has removed the sales tax exemption previously provided by Section 151.311 of the Tax Code covering tangible personal property purchased by a contractor for use in the performance of a contract for the improvements of City-owned realty. It is still possible, however, for a contractor to make tax-free purchase of tangtble personal property which will be incorporated into and become part of a City construction project through the use of a 'separated contract' with the City. A 'separate contract' is one which separates charges 00805-10 for materials from charges for labor. Under such a contract, the contractor becomes a "seller" of those materials which are incorporated into the project, such as bricks, lumber, concrete, paint, etc. The contractor issues a resale certificate in lteu of paying the sales tax at the time such items are purchased. The contractor then receives an exemption certificate from the City for those materials. (This procedure may not be used, however, for materials whtch do not become a part of the ftntshed product. For example, equipment rentals, from materials, etc. are not considered as becoming "incorporated" into the project). Utilization of this "separated contract" approach eliminates the need for bidders to figure in sales tax for materials which are to be incorporated into the project. The successful bidder's bid form will be used to develop the "separated contract' and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. SC-6.19. Add the following language at the end of the first sentence of paragraph GC-6.1g: CONTP~ACTOR shall include accurate locations for buried and imbedded items. SC-6.20. Amend the last sentence of paragraph 6.20 to delete the word "Substantial.' SC-6.24. Add the word "required" to the first sentence of paragraph GC-6.24.1., immediately after the words "CONTILACTOR shall submit." At the end of paragraph GC-6.24.1., add the following paragraphs: 6.24.1.1. 6.24.1.2. Shop Drawings submitted as herein provided by CONTILACTOR and reviewed by ENGINEER for conformance with the design concept shall be executed in conformity with the Contract Oocuments unless otherwise required by OWNER. When Shop Drawings are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CONTRACTOR from requirements shown on the drawings and Specifications. 00805-11 6.24.1.3. For-Information-Only-For-Future-Use submittals upon which the ENGINEER is not expected to conduct review or take responsive action may be so identified in the Contract Drawings. Add the word 'required' to the first sentence of paragraph GC-6.24.2., immediately after the words 'shall also submit.' At the end of paragraph GC-6.24.2., add the following paragraphs: 6.24.3. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and ENGINEER finds same to be in the interest of OWNER and to be so minor as not to involve a change in the Contract Price or time for performance, ENGINEER may approve the Shop Drawings or Samples; provided however, such departure is slight in nature and does not affect the design concept of the Work. CONTRACTOR shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work. Add a new paragraph immediately after paragraph GC-6.24.3. which is to read as follows: 6.24.4. See Section 01340. SC-6.25. At the end of paragraph 6.25.3., delete 'Variation.' and add: "Variation; otherwise CONTRACTOR will not be relieved of the responsibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed.' Add the following paragraph at the end of paragraph GC-6.25.3: 6.25.4. Shop Drawings and Sample submittals not conforming to requirements of this paragraph 6.25 and Section 01340 will be returned to CONTRACTOR without action for resubmittal and the resulting delay shall be enttrely the responsibility of CONTRACTOR. Add the following paragraph at the end of paragraph GC-6.25.4: 6.25.5. See Section 01340. SC-6.26. Add the word 'required' to the first sentence of paragraph GC-6.26. 00805-12 immediately after the words "ENGINEER will review and approve'. SC-6.27. Add the word "required" to the first sentence of paragraph GC-6.27. immediately after the words "ENGINEER's review and approval of'. Add the following paragraph at the end of paragraph GC-6.27: 6.27.1. ENGINEER's check and review of Shop Drawings and Samples, Specifications and descriptive literature submitted by CONTRACTOR wtll be only for general conformance with design concept, except as otherwise provided, and shall not be construed as: 6.27.1.1. permitting any departure from the Contract Requirements; 6.27.1.2. relieving CONTRACTOR of the responsibility for any error in details, dimensions or otherwise that may exist in such submittals; 6.27.1.3. constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown; or 6.27.1.4. approving departures from additional details or instructions previously furnished by ENGINEER. Such check or review shall not relieve CONTRACTOR of the full responsibility of meeting all of the requirements of the Contract Oocuments. SC-6.31. Delete the word "negligent" from the first sentence of paragraph GC-6.31., immediately after the words "(ii) is caused in whole or in part by any.' SC-6.33. Add the word "solely" in the first sentence of paragraph GC-6.33., immediately after the word "caused." ARTICLE 7 - OTHER WORK SC-7.1. Delete the last sentence of paragraph 7.1. and substitute the following: The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to minimize delay caused to the CONTRACTOR. No additional time shall be given to the CONTRACTOR for such related work except as provided in paragraph 7.S and Article 12. SC-7.5. Add the following new paragraph 7.5 immediately after paragraph 7.4: 7.5. Should CONTRACTOR cause damage to the work or property of any separate Contractor at the site, or should any claim arising out of CONTRACTOR's, OWNER, ENGINEER, Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, and Consulting Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate Contractor against OWNER, ENGINEER, or Consulting Engineer to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate Contractor cause damage to the work or property of CONTRACTOR or should the performance of work be any separate Contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER, ENGINEER or Consulting Engineer or permit any action, legal or equitable, against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER, ENGINEER, or Consulting Engineer on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance with Article 12. An extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor.' ARTXCLE g - ENGINEERVS STATUS DURIN& CONSTRUCTION SC-9.2. Amend the first sentence of the paragraph by deleting the following, 'as an experience and qualified design professional.' SC-9.6. 00805-13 00805-14 Add a new paragraph immediately after paragraph Gc-g.6. which is to read as follows: The acceptance at any time of materials or equipment by or on behalf of OWNER shall not be a bar to future rejection if they are subsequently found to be defective, inferior in quality, or uniformity to material or equipment specified, or are not as represented to ENGINEER or OWNER. SC-9.10. Delete paragraph 9.10 and insert the following in lieu thereof: 9.10. ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect changed factual conditions). ENGINEER will make determination of actual quantities in accordance with Measurement Methods identified for Unit Price Work where such methods are so identified in the Contract Documents. ARTICLE 11 - CMANGE OF CONTRACT PRICE SC-11.9 Add the following language at the end of paragraph 11.9.2: Work described in the Contract Documents but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as a part of the unit price. SC-II.g.3. Paragraph 11.9.3. is hereby deleted in its entirety and the following, including new paragraph 11.9.3.1. through 11.9.3.4., is substituted in lieu thereof: 11.9.3. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 11.9.3.1. if the total cost of a particular item of Unit Price work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs more than 20%, both over and under, from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 00805-15 11.9.3.3. if CONTRACTOR can demonstrate that it has tncurred additional expense as a~esult thereof, or ]11.g.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. ART]1CLE 12 - CHANSE OF CONTRACT T]1ME SC-12.1. Add a new paragraph after paragraph GC 12.1. which is to read as follows: 12.1.1. No extension of the Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. SC-12.3. Add two new paragraphs after paragraph GC 12.3. which are to read as follows: 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of paragraph GC-12.3. and grant extensions to the Contract Time for any reason OWNER deems valid. 12.3.2. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the Contract Time involved with the average of the preceding S-year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. ARTXCLE 13 - W~ AND 6UARANTEE: TESTS AND X#SPECTIONS SC-13.4.1. Add the following new paragraph 13.4.1 immediately after paragraph 13.4: 13.4.1. Observation of the contractor's work to determine 00805-16 compliance with the plans and specifications will include testing of materials installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense, all necessary specimens for testing of materials. All materials not conforming to the requirements of the specifications will be rejected. SC-13.12. Amend the first sentence of 13.12.1. to change the words "one year" to "two years" and delete the word 'Substantial" from the first sentence. SC-14.15. Add the words "and/or ENGINEER" to the first sentence of paragraph GC-14.15.2. after the words "against OWNER". ARTXCLE 17 - MISCELLANEOUS SC-17.2.1. Delete paragraph in its entirety. END OF SECTION DIVISION 1 GENERAL REQUIREMENTS 95e09 SECTION 01010 SPECIFIC PROJECT REQUIREMENTS 01010-1 PART 1 - GENERAL 1.01 CONSTRUCTION SPECIFICATIONS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specification Project Requirements contain general specification project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 01060 - Special Provisions. 1.02 OWNER A. The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas STOlg. 1.03 ENGINEER The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.04 SCOPE OF WORK ke All improvements described in this Proposal and Construction Drawings shall be done in accordance with the Project Drawings and Specifications. In the event that an item is not covered in the Project Drawings and Specifications, then the Standard Specifications for Construction for the City of Coppell, Texas shall apply. 1.05 SITE Ae The Contractor shall limit his work area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER only. 1.06 PROJECT DESCRIPTION Ae This Contract consists of the construction of Sanitary Sewer Improvements for Grapevine III, IV, and Bethel Road as shown in the construction plans SS g4-02. 01010-~ 1.07 A. 1.08 A. 1.0g A. 1.10 A. CALENDAR DAY COUNT Calendar days shall be counted by the Engineer on the basis of the definition set out tn the General Conditions of the Agreement. The calendar day count shall be suspended upon recetpt of the Engineer of a written request for final inspection. The calendar day count shall resume upon recetpt by the Contractor of a written list of items necessary to satisfactorily complete the project. This process shall continue until such time as the project ts accepted by the Engineer, and the Owner. The calendar day count will not be suspended or otherwise affected by use of completed porttons or 'substantial completionm of any of the project. SAFETY PRECAUTIONS The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of lg70, ordinances, rules, regulations and order of any public authority have Jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. SOIL INVESTIGATION A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint htmself with the site conditions. SURVEY AND FINISHED GRADES The Contractor shall be responsible for installation of the sanitary sewer to the grades shown on the construction plans. Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. 01010-3 1.11 A. 1.12 A. 1.13 A. 1.14 A. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFORMITY WITH DP. AWINGS All work shall conform to the lines, grades, sections, and dimensions shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. TESTING LABOP. ATORY SERVICE The Contractor shall make arrangements with an independent laboratory acceptable to the owner for all backfill compaction, material and other testing as required by the construction plans and standard specifications. The Contractor shall bear all related costs of tests, inspections or approvals. The Contractor shall notify the ENGINEER in a timely manner of when and where tests or inspections are to be made so that they may be present. Two copies shall be provided to the Owner of all reports and laboratory test results. No separate payment shall be made to the Contractor for the cost of geotechnical testing services which shall be considered incidental to the project. SUSPENSION OF WORK If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as outltned in this project. All trees to be removed must be flagged and approved by the Engineer prior to removal. Penalty for destruction of a tree without permission shall be $500.00 each payable to the Owner. If damage is continuous, tree guards shall be erected when so directed by the Engineer at the Contractor's expense. 01010-4 1.15 A. 1.16 A. C# COOPERATION OF CONTRACTOR The Contractor shall have on the project at all ttmes, as hts agent, a competent Superintendent capable of reading plans and specifications and thoroughly experienced tn the type of work being performed. The Superintendent shall have,full authority to execute orders or directions and to promptly supply such materials, equipment, tools, labor and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work contracted. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. WARNING DEVICES The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving, or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. The Contractor shall assume all duties owned by the City of Coppell to the general public in connection with the general public's immediate approach to and travel through the work site and area adjacent to said work site. Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of-way or public place, the Contractor shall at his own expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as 1.17 A. 01010-5 1.18 A. required by law to be taken to protect persons and property, and to be reimbursed by the Contractor for.any expense incurred in ordering such additional precautionary measures. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. After commencing the work, the Contractor shall use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Where the locations of existing underground and surface utilities are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of his operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements, and construction with the appropriate utility company. DRAINAGE The Contractor shall maintain adequate drainage at all times. 01010-6 1.19 A. 1.20 A. 1.21 A. 1.22 A. 1.23 A. PROJECT I~AINTENANCE The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP During Construction: The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the Job site when it becomes objectionable or interferes with the progress of the project. Final: Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and shall leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. INSPECTION The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the Job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION The Contractor shall make necessary arrangement for securing and transporting all water required in the construction, including water required for mixing concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 01010-7 1.24 A. GUARANTEE All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. PARTS 2 - PRODUCTS 2.01 SIGNAGE Contractor shall provide five (5) project signs in accordance with the "Sign Detail" located in the plans. Signs to be located as directed by Engineer. 2.02 INVERTED SIPHON (SAG SEWER) Siphon shall be constructed of Class 50 DIP. Joints shall be restrained. Pipe shall be installed with a minimum cover of $ FT. Deflection at joints shall not exceed manufacturer's recommendations. If required, a maximum of 4 each 22-1/2 degree bends may be installed in the siphon. B. Valves shall be resilient seated gate valves manufactured in accordance with AWWA Standard csog. Water stop shall be steel. Shall be 12 GA. Lap adjacent section 5 IN and securely bolt or weld together. Width of water stop shall be 4 IN. D. Flexible couplings shall be Dresser Style 53 or approved equal. END OF SECTION 95Dll SECTION 01060 SPECIAL PROVISIONS 01060-1 PART 1 - GENERAL 1.01 SUMMARY Ao These Special Provisions modify or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1, entitled "Proposal and Bid Schedule." B. Modify the Standard Specifications as follows: PART II: HATERIALS - DIVISION ITEM 2.1.5. TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five {5) percentage points above, optimum moisture content, using mechanical compaction methods unless otherwise specified in the Plans. Water jetting may be used only with specific written permission of the Engineer." ITEM 2.1.7. PIPE BEDDING MATERIAL FOR STORM SEWERS: (a) General: Amend the first sentence, by striking the words "requirements for earth bedding" and replace with "recommendations of the pipe'manufacturer, and shall be approved by the Engineer." (b) Earth Bedding: Add the following sentence at the beginning of this paragraph: "Earth bedding will not be permitted without written approval of the Engineer." ITEMS 2.2.2. CHEMICAL ADMIXTURES: (d) Mineral Admixtures: Delete paragraph (d) in its entirety. The use of Fly Ash as an admixture in any Class of concrete is specifically prohibited without written approval of the Engineer. 0]060-2 PART III DIVISION 3 - SITE PREPAP,~T)ON ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five (5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction. Amend the last sentence of the first paragraph by striking the words: "go percent of the maximum dry density of such material." and replace with the words "g5 percent of the maximum dry density of such materials, or as directed by Engineer." PART V: DIVISION 5 - PAVEMENT AND SURFACE COURSES ITEM 5.8.2. CONSTRUCTION METHODS: (e} Joints. (1) Expansion Joints: Delete the first paragraph and replace with the following: "Expansion joints shall be installed perpendicularly to the surface and centerline of the pavement. Expansion Joint material shall be redwood boards, 3/4-inch in width, and extended through curbs. Expansion joints are to be installed at each end of radius at street intersections. Expansion joints shall be equally spaced between intersections with not less than one every 200 linear feet of pavement, unless otherwise specified on the Plans or directed by the Engineer.' (C) Proximity to Existing Surfaces: Add to end of sentence, "or as directed by the Engineer." (2) Contraction Joints. Delete the first sentence of the first paragraph and insert the following: "Contraction or dummy joints shall be sawed to 1-1/4 inch in depth, and 1/4 inch in width, and installed every 20 linear feet of pavement, and extend through curb, unless otherwise directed by the Engineer." 01060-3 (h) Finishing. (1) Machine. Add the following paragraph at the end of this subsection: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." (2} Hand. Add a new paragraph after first paragraph which reads as follows: "Fog sprays powered by pressure pumps, and capable of covering the entire area of freshly placed concrete with a fine mist, shall be used if water is needed for finishing operations." PART VI: DIVISION 6 - UNDER6ROUND CONDUIT CONSTRUCTION ITEM 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Traffic. Amend the second sentence by striking the words 'to a density comparable with adjacent undisturbed material' and replacing with 'to a density between 95 percent and 100 percent Standard Proctor Density as determined by ASTN D-698 at, or up to five (5} percentage points above, optimum moisture content, unless otherwise specified in the Plans or directed by the Engineer.' END OF SECTION