SS9402-CN 950808CONSTRUCTION SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
SANITARY SEWER IMPROVEMENTS
FOR
G~PEVII~ Pg AND BET~.-IEL ROAD
S~ 94-02
PROJECT:
CONTRACTOR:
OWNER:
CHANGE ORDER NO.:
CITy OI~COPPELL
CHANGE OR EXTRA WORK ORDER
ADD: 1
Bethel Road Sanitary Sewer Project / SS 92-04C
Pate Brothers Construction, Inc.
City of Coppell
1
July 19, 1996
DATE:
CHANGE OR EXTRA WORK TO BE DONE
Item Description Quantity Unit Unit
# Price
Extra depth for SIS 772 LF 2.95
installation
2 Extended Traffic 59 Days 93.75
Control
Total
2,277.40
5,531.25
Total Revision to Contract Amount $7,808.65
Previous contract mount
Net increase in contract amount
Revised contract amount
Net increase in contract time of completion
Revised Contract time of completion
$ 345,454.69
$7,808.65
$ 353,263.34
-0- Days
180 Days
The contractor hereby accepts this Contract adjuslment as a final and complete adju~t~nent in full
accord and satisfaction of all past and future liability originating under any clause in the Contract
by reason of this revision to the Contract.
Recommended by the City Engineer:
AgE, ed to by the Contractor:
Date:
Date:
'CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT:
CONTRACTOR:
OWNER:
CHANGE ORDER NO.:
Grapevine Creek IV Sanitary Sewer Project SS 94-02B
Pate Brothers Construction, Inc.
City of Coppell
1
DATE:
January 25, 1996
CHANGE OR EXTRA WORK TO BE DONE
ADD:
Item
Description Quantity Unit Unit Price Total
Loss of 2 Days 3,803.00 $7,606.00
productivity
Remove and 72 L.F. 12.81 $922.32
replace Sidewalk
Total Revision to Contract Amount
$8,528.32
Previous contract amount
Net increase in contract amount
Revised contract amount
Net increase in contract time of completion
Revised Contract time of completion
$304,782.08
$8,528.32
$313,310.40
N/A
N/A
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full
accord and satisfaction of all past and future liability originating under any clause in the Contract
by reason of this revision to the Contract.
Recommend .by the City Engineer:
~t~/~/~oY the C°ntract°r:,
~.0wner:
/
Date:
Date:
Date:
- REV]~SED 00005-1
95Dl1
SANZTARY SEWER ZHPROVENENTS
FOR
*GRAPEVINE IV, AND BETHEL ROAD
SS94-02
THE CZTY OF COPPELL, TEXAS
SECTION NO. SU~ECT
TABLE OF CONTENTS
DIVISION 0 - BIDDING'REQUIR~ENTS, CONTRACT FORI4S, AND
CONDITIONS OF THE CONTRACT
00005
00020
00100
00301
00500
00700
00805
TABLE OF CONTENTS
INVITATZON TO BID
INSTRUCTION TO BIDDERS
BID FORJ4
AGREEHENT
GENERAL CONDITIONS
SUPPLEHENTARY CONDITIONS
DIVISION 1 - GENERAL REQUIREHENTS
01010 SPECIFIC PRO,1ECT REQUIRDIENTS
01060 SPECIAL PROVISIONS
REVISED 00020-1
g5H08
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
g4-02. 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 n.m.
on Monday. Auoust 28. 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-OB95-01 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
Coppe11, Texas 75019
Attn:
Telephone: (214) 304-3698
The cost of Contract Documents is:
Set of Contract Documents with full size drawings: $25.00.
No partial sets of Specifications or Drawings wtll be issued.
Refund Policy: No refund for any Contract Documents will be made.
BID SECURITY
Each Bid shall be accompanied by bid security as described in
00020-2 REVISED
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.
CONTRACT TIME
The Contract Time is defined in Section 00700 - General Conditions,
and specified in Section 00500 - Agreement.
QUALIFICATIONOF BIDDERS
Requirements concerning the qualifications of BIOOERS are
described in Section OOlO0 - 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 BIOS
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 BIO TRANSMITTED BY FAX WILL BE ACCEPTEO.
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 MAOE 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 metertals 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 show the cost of materials
(tangible personal property) in the space provided on the bid
form. The successful bidder's form wi11 be used to develop a
separated contract and determine the extent of the tax exemption.
ENO OF SECTION
REVISED 00100-1
95H08
SECTXON 00100
INSTRUCTIONS TO BIDDERS
1. 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 Coppell, 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 REVISED
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 5 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
Oocuments). Each Bid must contain evidence of BIOOER'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 Oocuments 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) 214-304-3B85 to make an appointment.
REVISED 00100-3
4.1.3. Constder 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., BIDOER
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 cms 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 structur~ 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 REVISED
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 BIOOER end 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 Oocuments. All additional lands and
access thereto required for temporary construction facilities,
REVISED 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 Officein 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 e 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 BIDOERS
whom OWNER believes to have a reasonable chance of receiving the
award may be retained by OWNER until the earlier of the 7th dmy
after the Effective Date of the Agreement or the 3$th 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 Bicter shall not sell, assign, transfer or
convey this contract, in whole or in part, without the prior
written consent of Owner.
00100-6 REVISED
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. Liquidated damages will be assessed on each section of
the described work.
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 CONTILACTOR
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
CONTRACTOR 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 Oate
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
BIDOER to submit an acceptable substitute.
If apparent Successful BIDDER declines to make any such
substitution, OWNER may award the contract to the next lowest BIOOER
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.
REVISED 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 e 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 shell be
attached to the bid a power of attorney evidencing authority to
sign the bid, executed by the aembers of the firm, partnership or
Individual.
12.9. 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
00100-8 REVISED
Contract. The quantity of work to be done and the materials may
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: ia) any headwalls, curb or alley replacement
necessitated by removal or damage during construction, (b)
removal and replecement of any signs, (c) saw cutting, id)
clearing and grubbing, (e) mobilization, if) protection of trees,
(g) signage, ih) protection of work completed, it) repairing of
fences, walls or other structures, (j) temporary drainage, (k)
watering of grass, il) protection, removal, replacement of repeir
of sprinklers, (m) any removal and replacement due to damage of
existing water lines or services.
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.
Pipe embedment for all sanitary sewer lines shall be as follows:
A minimum of $ IN crushed stone embedent shall be placed below
and on each side of pipe.
A minimum of 12 IN crushed stone embedment shall be placed
over top of pipe.
Crushed sone shall be as specified in Standard Construction
Specifications 2.1.8.a., Pipe Material for Water and Sanitary
Sewer Mains.
13.2.1. Pay Items No. 1 and 2: This work shall consist of
furnishing and placing 6' and 8' Ductile Iron Class $0 sewer siphon
pipe. All ductile iron shall receive 8 MIL polyethylene encasement.
Installation shall be in accordance with these specifications and
addenda thereto. The bid price shall include any fittings end
polywrap associated with the pipe installation.
Measurement and payment shall be made of the contract price bid per
linear foot and shall be total compensation for furnishing ell labor,
materials, tools, equipment and any incidentals necessary to complete
the work.
13.2.2. Pay Items No. 4, 5, 7, 8, 10, 11, 14, 15, 16, 17 & 18: This
REVISED 00100-9
work shall consist of furnishing and placing 8', lO', 12' and
SDR-3$ 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.
13.2.3. Pay Item No. g: This work shall consist of furnishing and
placing 12' SOR-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. 19, 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 Coppe11 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 menhole 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 shall 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
00100-10 REVISED
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.
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 Nc. 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.
REVISED 00100-11
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.
Driveways shall be replaced in accordance with these specifications
and addenda thereto. The bid price shall include any incidentals
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 end
replacement of eFT 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 will not 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 the
existing asphalt roadway will be the responsibility of the Contractor
to repair prior to Dallas County performing the subgrade and asphalt
overlay work.
If Dallas County performs the above referenced work, it shall
remain the Contractor's responsibility to maintain adequate
access to all adjacent properties. Access provided by the
Contractor shall be acceptable to the property owner and City.
Providing and maintaining property access will be subsidiary to
00100-12 REVISED
other items bid.
13.2.15. Pay Item No. 38: This work shall consist of removal and
replacement of concrete rip-rap to the original thickness, line and
grade. Rip-rap shall be replaced 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
square yard. Contract prices shall be total compensation for
furnishing all labor, materials, tools, equipment and any incidentals
necessary to complete the work.
13.2.16. Pay Item No. 37: This work shall consist of replacement .of
landscaping of various types to original or better condition.
Landscaping shall be replaced in accordance with these specifications
and addenda thereto. The bid price shall include any incidentals
associated with construction.
Measurement and payamnt 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 1925.$52
"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. 39(A): 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 Control Devices.' The bid price shall include all
incidentals associated with traffic control construction.
Traffic control payment shall be made of the contract price bid per
lump sum and shall be total compensation for furnishing all labor,
materials, tools, equipment and any incidentals necessary to complete
the work.
Pay Item No. 39(B): For additional cost of furnishing and maintaining
Traffic Control signage described in Pmy Item No. 3g(A) if Dallas
County performs asphaltic pavement removal work. Traffic
control will be required from Station 3+00 to Station 74+00.
Contractor shall be required to establish and maintain traffic
control throughout the duration of construction.
13.2.19. Pay Item No. 40: This item shall consist of locating
REVISED 00100-13
existtng services and reconnecting same to the new sewer line as
shown on the plans, tn accordance with the City of Coppell
standard details, or as dtrected by the City Engineer. The bid
price shall include all Incidentals such as, but not limited to,
excavation, backfill, embedment, paving and landscape repatr.
Measurement and payment shall be made at the contract price per
each.
13.2.20. Pay [tea No. 41: This work shall constst of furnishing
and placing 24' ASTM F-794 PVC sewer pipe. Installation shall be
in accordance with these specifications and addenda thereto. The
bid price shall include connection to existing sewer and any
,fittings associated with pipe installation.
Measurement and payment shall be made of the contract price per
linear foot and shall be total compensation for furnishing all
labor, materials, tools, equipment and any incidentals necessary
to complete the work.
13.3. Clean-up: Clean-up of the site shall be considered incidental
to 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 Oocuments, at the time and place indicated in the
Invitation to Bid, addressed to the Purchasing Agent of the City
of Coppe11, Texas, and shall be enclosed in an opaque sealed envelope,
marked with the Project title and the name and address of BIOOER, 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
'BIO ENCLOSEO, SANITARY SEWER IMPROVEMENTS FOR GILRPEVINE III, IV,
AND BETHEL ROAO -- SS 94-02' on the face of it and addressed to the
Purchasing Agent, City of Coppe11, Texas.
15. Modification and Withdrawal of Bids.
15.1. Bids m~y 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 BIDOER may withdraw its Bid and the Bid security will be
returned. Thereafter, that BIOOER wtll be disqualified from further
bidding on the Work to be provided under the Contract Oocuments.
16. Opening of Bids.
00100-14 REVISED
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 BIOOER if OWNER believes that it would not be in the best
interest of the Project to make an award to that BIOOER, whether
because the Bid is not responsive or the BIOOER 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
Successful BIOOER. Oiscrepancies between the multiplication of
units of Work and unit prices will be resolved in favor of the unit
prices. Oiscrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the
correct sum. Oiscrepancies 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 BIOOERS.
lg.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, es
may be requested in the Bid form or prior to the Notice of Award.
19.3. 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
REVISED 00100-15
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 tn 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 Oocuments 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.
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 CONTRACTOR.
22. 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.
23. Sales Taxes.
The bidder shall not include or provide for sales tax on tangible
00100-16 REVISED
personal property to be Incorporated tnto the project. In order
to be exempt from the sales tax on such tangtble personal
property, the contract shall separate and provtde separate
charges for materials to be Incorporated tnto the project from
charges for labor. The City will provtde the Contractor wtll an
exemption certificate for the materials.
24. 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
95J04
SECTION 00301
BID FORM
REVISED 00301-1
PROJECT IDENTIFICATION:Sanitary Sewer Improvements for
Section II - Grapevine IV.
CONTRACT IDENTIFICATION: SS 94-02
THIS BID IS SUBMITTED TO: Purchasinu Aqent, City of Coooell. Texas
255 Parkway Boulevard. CoDnell, Texas 75019.
herein after referred to as OWNER.
City of Coppell Bid No: Q-0895-~
1. 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.
The OWNER considers the work described by the Contract Documents
three separate and distinct projects. Bidder hereby agrees to
accept an award of contract based on any individual section.
3. BIDDER's Representations.
In submitting this Bid, BIDDER represents, as more fully set forth
in the Agreement, that:
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 REVISED
Ut
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 Oocuments 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 conformity with any agreement or rules
of any group, association, organization or corporation;
BIDDER has not directly or indirectly induced or solicited
REVISED 00301-3
any other BXDDER to submit a false or sham Bid; BXDDER 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.
CITY OF
UNIT PRICE BID
FOR
COPPELL SEWER IMPROVEMENTS
SECTION II - GRAPEVINE IV
ITEM ESTIMATED DESCRIPTION AND UNIT
NO. QUANTITY UNIT PRICE IN WORDS PRICE
TOTAL
AMOUNT
2
215 LF For furnishing and placing $28.07
6" Cl. 50 Ductile Iron Pipe,
complete in place, the sum of
TWENTY EIGHT DOLLARS
AND SEVEN CENTS
per linear foot.
215 LF For furnishing and placing $32.47
8' Cl. 50 Ductile Iron Pipe,
complete in place, the sum of
THIRTY TWO DOLLARS
AND FORTY SEVEN CENTS
per linear foot.
$6,035.05
$6,981.05
3 N~A
4
13 LF For furnishing and placing 8" $161.49
SDR-35, PVC sewer (10'-15'
depth), complete in place,
the sum of
ONE HUNDRED SIXTY ONE DOLLARS
AND FORTY NINE CENTS
per linear foot.
$2,0gg.37
5-9 N/A N/A NOT USED
00301-4 REVISED
10 557
LF
11 1565 LF
12 580 LF
13-18 N/A N/A
19 8 EA
20-23 N/A N/A
24 3 EA
25 I EA
For furnishing and placing
12" SDR-35, PVC sewer (0'-10'
depth), complete in place,
the sum of
TWENTY FOUR OOLLARS
ANO FIFTY FIVE CENTS
per linear foot.
For furnishing and placing
12" SDR-35, PVC sewer (10'-15'
depth), complete in place,
the sum of
TH)RTY ONE DOLLARS
AND FIFTY TWO CENTS
per linear foot.
For furnishing and placing
12" SDR-35, PVC sewer (15'-20'
depth), complete in place,
the sum of
FORTY DOLLARS
AND EIGHTY CENTS
per linear foot.
NOT USED
For furnishing and placing 4
FT diameter standard manhole,
complete in place, the sum of
TWO THOUSAND FIVE HUNDRED
NINETY SEVEN DOLLARS AND
ONE CENTS per each.
NOT USED
For furnishing and placing 4
FT diameter Type'S' manhole,
complete in place, the sum of
TWO THOUSAND FOUR HUNDREO
NINETEEN DOLLARS AND
~CENTS per each.
For furnishing and placing 5
FT diameter Type'S" manhole,
complete in place, the sum of
TWO THOUSAND THREE HUNDREO
~DOLLARS ANO
~CENTS per each.
$24.55
$31.52
$40.80
$2,597.0!
$2,419.75
$2,381.63
$13,674.35
$49,328.80
$23,664.00
$20,776.08
$7,259.25
$2,381.63
26
27
28
29
30-31
32
33-35
36
316
316
8
N/A
832
9
EA
LF
LF
EA
LF
N/A
SY
REVISED 00301-5
For furnishing all labor,
materials and incidentals
required to complete Stphon
structure per contract
requirements, complete in
place, the sum of
SIXTEEN THOUSANO ONE HUNORED
SIXTY EIGHT DOLLARS ADO
SEVENTY CENTS per each.
$16,168.70 $16,168.70
For furnishing and placing 20"
diameter dry bore, complete in
place, the sum of
ONE HUNDRED FIFTY FIVE DOLLARS
ANO SIXTY TWO CENTS
per linear foot.
For furnishing and placing 20"
diameter casing pipe, complete
in place, the sum of
TWENTY TWO DOLLARS
AND FIFTY FIVE CENTS
per linear foot.
$155.62 $49,175.92
$22.55 $7,125.80
For abandonment of standard $763.43
sewer manhole, complete in
place, the sum of
SEVEN HUNDRED SIXTY THREE DOLLARS
AND FORTY THREE CENTS
per each.
$4,580.58
NOT USED
For removal and replacement
of 8" reinforced concrete
pavement, complete in place,
the sum of
FIFTY NINE DOLLARS
AND THIRTY THREE CENTS
per square yard.
$59.33
$49,362.56
NOT USED
For removal and replacement
of 6" reinforced concrete
Rip-Rap, complete in place,
the sum of
FIFTY THREE DOLLARS
AND ~EVENTY CENTS
per square yard.
$53.70
$483.30
00301-$ REVISED
37 1 LS
For furnishing and placing $3,946.83
landscaping, complete in
place, the sum of
THREE THOUSAND NINE HUNDRED
FORTY SIX DOLLARS AND
EIGHTY THREE CENTS per lump sum.
$3,946.83
38 2601 LF
For Trench Excavation Safety
and Support, complete in
place, the sum of
ELEVEN DOLLARS
AND FORTY NINE CENTS
per linear foot.
$11.49
$29,885.49
39(A) 1 LS
For furnishing and maintaining
Traffic Control signage,
barricading, etc. during and
through completion of
construction, complete in
place, the sum of
TWO THOUSAND EIGHT HUNDRED
NINETEEN DOLLARS AND
SIXTEEN CENTS per lump sum.
$2,819.16
$2,819.16
4O 8 EA
For furnishing and placing
4" PVC sewer services,
complete in place, the sum of
ONE THOUSAND ONE HUNDRED
T~DOLLARS AND
TWENTY SEVEN CENTS per each.
$1,129.27
$g,034.16
41 N/A N/A NOT USED
SECTION II - GRAPEVINE
TOTAL BID FOR ALL UNIT
IV
PRICES: THREE HUNDRED FOUR THOUSAND
(use words)
SEVEN HUNDRED EIGHTY TWO DOLLARS AND EIGHT CENTS (~)
(use figures)
Bidder agrees that all work described in SECTION II - GRAPEVINE IV will
be completed within 18~ calendar days.
REVISED 00301-7
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.
5. Completion.
BIDDER agrees that the Work will be substantially 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.
6. 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.
Communications concerning this Bid shall be addressed to
Purchasing Office
255 Parkway Boulevard
Coppell, Texas 75019
BIDDER agrees that all Work awarded will be completed
within the Calendar Days listed for each section. Contract
time 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 tncluded as
part of the Contract Oocuments have the meanings assigned to
them in the General Conditions.
f. Terms used in this Bid which are defined in the General
Conditions or Instructions will have the meanings indicated in
00301-8 REVISED
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 wtll be adjusted accordingly.
SUBMITTED on , 19
95jo4
SECTION 00301
BID FOPJ4
REVISED 00301-1
PROJECT IDENTIFICATION:Sanitarv Sewer Imnrovement$ for
Section III - Bethel Road.
CONTRACT IDENTIFICATION: SS 94-02
THIS BID IS SUBMITTED TO: Purchasino Aaent. City of Conoell,
255 Parkway Boulevard. Coooell. Texa~
herein after referred to as OWNER.
City of Coppell Bid No: 0-0895-1
1. 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 (90) 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.
The OWNER considers the work described by the Contract Documents
three separate and distinct projects. Bidder hereby agrees to
accept an award o~~ contract based on any individual section.
3. BIDDER's Representations.
In submitting this Bid, BIDDER represents, as more fully set forth
in the Agreement, that:
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
F
00301-2 REVISED
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 conformity with any agreement or rules
of any group, association, organization or corporation;
BIDDER has not directly or indirectly induced or solicited
REVISED 00301-3
any other BIDDER to submit a false or sham Btd; BIDDER has
not solicited or induced any person, firm or corporation to
refrain from bidding; and BIOOER has not sought by
collusion to obtain for itself any advantage over any other
BIOOER 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 BID
FOR
CITY OF COPPELL SEWER IMPROVEMENTS
SECTION 1II - BETHEL ROAD
ITEM ESTIMATED DESCRIPTION AND
NO. QUANTITY UNIT PRICE IN WORDS
UNIT
PRICE
1
110 LF For furnishing and placing $30.04
6" Cl. 50 Ductile Iron Pipe,
complete in place, the sum of
THIRTY OOLLARS
AND FOUR CENTS
per linear foot.
2
110
13
LF For furnishing and placing $34.99
8' Cl. 50 Ductile Iron Pipe,
complete in place, the sum of
THIRTY FOUR OOLLARS
ANO~CENTS
per linear foot.
LF For furnishing and placing $45.80
8' SOR-35, PVC sewer (0'-10'
depth), complete in place,
the sum of
FORTY FIVE OOLLARS
ANO EIGHTY CENTS
per linear foot.
4
LF For furnishing and placing $45.80
8~ SDR-35, PVC sewer (10'-15'
depth), complete in place,
the sum of
FORTY FTV~ OOLLARS
AND EIGHTY CENTS
per linear foot.
TOTAL
AMOUNT
$3,304.40
$3,848.90
$595.40
$22g.00
0030]-4 REVXSED
5-6 N/A
7 2314
N/A NOT USED
LF
8 1648 LF
9 15 LF
10 892 LF
11 2477 LF
12-]8 N/A
19 13
For furnishing and plactng
10' SDR-35, PVC sewer (0'-10'
depth), complete in place,
the sum of
TWENTY T~O DOLLARS
AND EIGHTY FOUR CENTS
per linear foot.
For furnishing and plactng
10" SDR-35, PVC sewer (10'-15'
depth), complete in place,
the sum of
TWENTY FOUR DOLLARS
AND SIXTY FZVE CENTS
per 11near foot.
For furnishing and placing
12" SDR-26, PVC sewer (0'-5'
depth), complete tn place,
the sum of
THENTY SEVEN DOLLARS
AND FORTY FOUR CENTS
per 11near foot.
For furnishing and placing
12" SDR-35, PVC sewer (5'-10'
depth), complete in p]ace,
the sum of
TWENTY'THREE DOLLARS
AND TWO CENTS
per linear foot.
For furnishing and placing
]2" SDR-35, PVC sewer (10'-15'
depth), complete in place,
~the sum of
T~ENTY FOUR DOLLARS
AND FQRTY NINE CENTS
per linear foot.
N/A NOT USED
EA
For furnishing and placing 4
FT diameter standard manhole,
complete in place, the sum of
TWO THOUSAND THIRTY ONE DOLLARS
AND TH)RTY ONE CENTS
per each.
$22.84
$24.65
$27.44
$23.02
$24.49
$2,031.31
$52,851.76
$40,623.20
$411.60
$20,533.84
$60,661.73
$26,407.03
20 2 EA
21 N/A H/A
22 4 EA
23 I EA
24 N/A N/A
25 1 EA
26 1 EA
27 15 LF
REVISED 00301-5
For furnishing and placing 5
FT diameter standard manhole,
complete in place, the sum of
TWO THOUSAND EIGHT HUNDRED
FIFTY NINE DOLLARS AND
SEVENTY SIX CENTS per each.
NOT USED
For furnishing and placing 4
FT diameter drop inlet manhole,
complete in place, the sum of
TWO THOUSAND NINE HUNDRED
FOUR DOLLARS AND
EIGHTY THREE CENTS per each.
$2,859.76 $5,719.52
$2,904.83 $11,619.32
For furnishing and placing 5
FT diameter drop inlet manhole,
complete in place, the sum of
THREE THOUSAND EIGHT HUNDRED
~DOLLARS AND
EIGHT CENTS per each.
$3,898.08 $3,898.08
NOT USED
For furnishing and placing 5
FT diameter Type "S" manhole,
complete in place, the sum of
TWO THOUSANO EIGHT HUNOREO
NINETY TWO OOLLARS AND
TWENTY NINE CENTS per each.
$2,892.29 $2,892.29
For furnishing all labor,
materials and incidentals
required to complete Siphon
structure per contract
requirements, complete in
place, the sum of
~XXTEEN THOUSAND ONE HUNORED
SIXTY EIGHT DOLLARS ANO
SEVENTY CENTS per each.
$16,168.70 $16,168.70
For furnishing and placing 20" $575.11
diameter dry bore, complete in
place, the sum of
F[VE HUNDRED SEVENTY FIVE DOLLARS
AND ELEVEN CENTS
per linear foot.
$8,626.65
F
00301-6 REVISED
28 15
LF
For furnishing and placing 20'
diameter casing pipe, complete
in place, the sum of
TWENTY TWO · DOLLARS
AND FIFTY FIVE CENTS
per linear foot.
$22.55 $338.25
29 6 EA
30 4 EA
31 48 LF
32-34 N/A
35 6998
36 7 SY
37 I LS
For abandonment of standard
sewer manhole, complete in
place, the sum of
FOUR HUNDRED FIVE DOLLARS
AND NINETY SIX CENTS
per each.
$405.96 $2,435.76
For abandonment of sanitary
sewer clean out, complete in
place, the sum of
ONE HUNDRED ONE DOLLARS
AND FORTY NINE CENTS
per each.
$10].49 $405.96
N/A
LF
For placement of 6" Class "B"
concrete embedment across
entire trench width, complete
in place, the sum of
SIXTE[N DOLLARS
AND QH~ CENTS
per each.
NOT USED
For removal and replacement
of asphaltic concrete
pavement, complete in place,
the sum of
TWELVE DOLLARS
AND NINETY NINE CENTS
=per linear foot.
$]6.01 $768.48
$90,904.02
*See Description
Page 00100-11
Section 13.2.1
For removal and replacement
of 6' reinforced concrete
Rip-Rap, complete in place,
the sum of
EIGHTY FOUR DOLLARS
AND THIRTY THREE CENTS
per square yard.
$84.33 $590.31
For furnishing and placing $6,202.]6
landscaping, complete in
place, the sum of
SIX THOUSAND TWO HUNDRED TWO DOLLARS
AND SIXTEEN CENTS
per lump sum.
$6,202.16
F
REVISED 00301-7
38 7346 LF For Trench Excavation Safety $7.54 $55,388.84
and Support, complete in
place, the sum of
SEVEN DOLLARS
AND FIFTY FOUR CENTS
per linear foot.
3g(A) 1 LS For furnishing and maintaining $5,074.49 $5,074.49
Traffic Control stgnage,
barricading, etc. during and
through completion of
construction, complete in
place, the sum of
FIVE THOUSAND SEVENTY FOUR DOLLARS
AND FORTY NINE CENTS
per lump sum.
39(B) 1 LS For furnishing and maintaining $7,893.65 $7,893.66
Traffic Control signage,
barricading, etc. during and
through completion of
construction, complete in
place, the sum of
SEVEN THOUSAND EIGHT HUNDRED
~DOLLARS AND
SIXTY SIX CENTS per lump sum.
*See Description
Page 00100-12,
Section 13.2.18
40 18 EA For furnishing and placing $442.52 $7,965.36
4" PVC sewer services,
complete in place, the sum of
FOUR HUNDRED FORTY TWO DOLLARS
AND FIFTY TWO CENTS
per each.
41 N/A N/A NOT USED
SECTION III - BETHELJ~OAD
TOTAL.BID FOR ALL UNIT PRICES: FOUR HUNDRED THIRTY SIX THOUSAND
(use words)
THREE HUNDRED FIFTY EIGHT DOLLARS AND SEVENTY ONE CENTS
(use figures)
Bidder agrees that all work described in SECTION III - BETHEL ROAJ) will
be completed within 180 calendar days.
00301-8 REVISED
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.
5. Completion.
BIDDER agrees that the Work will be substantially 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.
6. 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.
ae
Communications concerning this Bid shall be addressed to
Purchasing Office
255 Parkway Boulevard
Coppell, Texas 7501g
b. BIDDER agrees that all Work.awarded will be completed
within the Calendar Days listed for each section. Contract
time 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.
de
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.
f. Terms used in this Bid which are defined in the General
Conditions or Instructions will have the meanings indicated in
REVISED 00301-9
the General Conditions or Instructions.
The Ctty of Coppe11 reserves the rtght to delete any portton of
this project as it may deem necessary to stay wtthtn the Ctty's
available funds. Should the City elect to delete any portion,
the contract quantities wtll be adjusted accordingly.
SUBHITTED on , 19
00301-18
PREVAILLNG WAGE RATE FOR PL'BLIC 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 re§ardin§ 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 Six. ty Dollars ($60.00) for each laborer, workman, or
mechanic employed for each calendar dl, y 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 04) 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 t'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 fred 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 thee specification has occuri'ed, 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.
00301-19
BID AFFIDAVIT
The undersigned cemifies 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 qC9 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 "T-E4(/~,~ COUNTY OF
BEFORE ME, the undersigned authority, a Notary aP?lic in and for the State of
on this day personally appeared '~_~ · a[O.-~ }~ ~S/ga [{ C who after being by me
- J Name
duly sworn, did depose and say:
-JNam~
Name of Fi~
foregoing on ~lf of ~e said
am a duly authorized office/agent for
and have been duly authorized to execute the
Name of F~
I hereby certify that the foregoing bid has not been prepared in collusion wi.th any other Bidder
or individual(s) engaged in the same line & 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/~o influence any individl~al(s) to bid~or not to bid thereon.'
Name and Address of Bidder: {]J~'~ '~ 5 ~ ~'~ ~ ~
Telephone:
SUBSCRIBED AND SWORN to before me by the above named
on this the ~ _~
day of .~r~/&t~ /4 ~
Notary Public in and for the State of
199
00301-20
If BIDDER IS:
An Individual
By.
doing business as
(Individual's Name)
Business address
A Partnershin
PhoneNo.
By
(Firm Name)
(General ParmeO
Business address
Phone No.
(Seal)
(Seal)
A Corporation
By
(Coq~oration Name)
~ame of person authorized to sign~,/
(Corporate Seal)
Attest
A Joint Venture
By
(Title)
Secre -fy) i -- ' -
n,o' eNo.7
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.)
END OF SE~-rlON
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION
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 $159a, 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 pedormed
for each craft or type of workman or mechanic needed to execute City contracts; and
WHEREA~, the Association of General Contractors has conducted a survey of
building trade wage rates in Dallas Couhty, Texas, which can be used for building
construction projects; and
WHEREAS, the United States Department of Labor haz 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.
of
DULY PASSED by the City Council of the City of Coppell, Texas, this the .
.-/~<.~-~,.Ctl , 1994.
APPROVED:
TOM MORTON, MAYOR
//i..~r'. CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SM1T~, CITY ATTORNEY
5I~CTION OO5OO
AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS )
THIS A~REEMENT, MADE AND ENTERED INTO THIS .~DAY OF
AD. 1995, by and between the CITY OF COppI~I.I. ofthe County of D~L~ and State of Texas,
actin~ through ifs thereunto duly authorized so to do, Party of the First
Part, herelruffier termed OWNER, and Pate Brothers Construction. Igc.of the City of K~edal~
County of Tarraut and State of Te~% Party oftbe Second Pan, herelnaiter te~aed CONTRACTOR.
W1TNESSETH: That for and in consideration of the payments and agreements herelna~er
mentioned, to be made and performed by the Party of the First Part (OWNER), and under the
conditions expressed in the bond bearing even date herewith, the said Party of the Second Part
(CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and
complete the construction of certain improvements described as follows:
Sanitary Sewer Improvements for Section H - Grapevine IV - SS 94-02
and all extra work in connection therewith, under the terms as stated in the General Conditions of
the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special
Conditions and Agreement, Plans and other drawln~s and printed or written explanatory matter
thereo/~ and the Specifications and addenda therefor, as prepared by
HDR Engineering, Inc. and the City of Coppell Engineering Department
herein entitled the ENGINF~F~R, each of which ha~ been identified by the CONTRACTOR and the
ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions of
Agreement, and the Performance and Payment Bonds hereto attached, all of which ere made a pan
hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days aRer the date written
notice to do so shah have been given to him, md to substantially complete the same within 180
calendar working days aRer the date of the written notice to conunence work, subject to such
extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current fund the price or prices shown
in the proposal, which forms a pan of this contract, such payments to be subject to the General and
Special Conditions of the contract
Section 00500
Agreement
Page 2
CITY OF COPP~-~-L
PATE BROTHERS CONSTRUCTION, INC.
Party of the First Part (OWNER)
P~ of the Second Part (CONTRACTOR)
ATTEST:
· ""' MEL~Y WA~-SON~
IMPORTANT
NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT;
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES;
COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A
CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE
DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY.
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART
OR CONDITION OF THE ATTACHED DOCUMENT.
LIFE&~TY
STATUTORY PERFORMANCE
BOND-TEXAS
THE ~'TNA CASUALTY AND 14.1RETY CO~IPANY
H~ffo~d. ~___~ 06156
BOND NO. 071SBI00995107
KNOW ~J~ MEN BY T~ESE P~ESENTS. ~al Pate Brothers Construction, Inc.
780 W. ~nsfield Highway, Kennedale, Texas 76060
(~ ~ ~ ~l(s}, ~ ~s) ~ ~E ~ ~ ~D S~ ~P~y ~ ~ ~ ~s).
~s). a~ ~ ~ ~ ~ m~ City of Coppell
~ ~ t~ Ol:~gee). ~ I~ amount of
Three Hundred Four Thousand Seven Hundred Eighty Two ana uollO0 ................ Do~m~
($ 304,782.08'***************~ ~ ~ ~t ~f, ~ ~ ~1 ~ ~ ~ ~. ~ ~ ~.
~a~. ex~. ~ ~ ~. ~ntly ~ ~y. ~ ~ ~ ~.
~ERE~,~ ~~a~n~~.~ dayof
. ~9 . e Sa~:a:7 Se~e: [mp:oveme~ts ~o:
wf~ch c<x~Iract is ~ ~llefTld~ tO ~ r~c}e · peff he~lof IS lully ~ I0 the I. Ir~e ~t Is if ~ It ~ h~rem
NOW. THEREFORE. THE CONDITION OF THIS C~LIGATION IS SUCH. Ihl! if Ne ~,0 F~l shill flalhfu#y perlorm ~te ~ m iccorclance
IN WITNESS WHEREOF. the I. m0 Pnnc;pal(sJ eno Surety(es) have mgne~ eno leolecl this elstrumen; ~,S
f.;I~CLOSURE OF GUARANTY FU~O NuNrAR~vlPA, ~,~
Pate Brothers Construction, Inc.
LEt VICE PRES. Pnnc~pal
B~~/~/,/~~THE ~TN UALTY AND SUFIETY COMPANY
' Bt'uce C. DeHart - :~ltomey.,n. Fa~
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF' TEXAS AS
AMENDED BY CHAPTER 93 ACTS OF THE ~6TH LEGISLATURE. 1959
PRrNTED IN U.S.A
LIFE & CASUALTY
STATUTORY PAYMENT
BOND-TEXAS
CASUALTY AND I;URETY COMPANY
BOND NO. 071SB100995107
KNOWA/J. MEN BY THESE PRESENTS, ttll Pate Brothers Construction, Inc.
780 W. Mansfield Highway, Kennedale, Texas 76060
(hefein/~ter gilled the Pm.~cipll($). Is Pr'. '.-,~1(11) ind THE ,~FHA CASUALTY AND SURETY COMPANY ~
~s). em he~ ~na hrm~ bouncl unto City of Coppell
Three Hundred Four Thousand Seven Hundred l~ighty Two and 08/100 ................
rS 304,782.08****************) tm em I~yme~! ~memot e,e ~e~if ~neipal an~ Surety em~ memae~vis, aha me~r hmr~.
WHEREAS. trmPnna~:ml ~semet~intol~mlain~Ren~,~,;,~"~dthlheOl~/~ee.~l~l~e ~yo!
,19 .~ Sanitary Sewer Improvements for
Section II - Grapevine IV - SS 94-02
NOW. THEREFORE. THE CONDITION OF THIS C~LIGATION IS SUCH. ~at if ~/,~.d Pn~:mDal shall ply all clasenants ~DIy~ng la~x~, aha
3!SC. LODURE OF GUAP.^!.;TY FUND NOt',~PARTtCIPATiS.~,~
m the event the ~nsurance Company i~; unable
p'ol?~yhc!der or ~.::?;;k ct~.noid~.r ~ not
other solvency p,'o~e::;,3n arrzn,gc.'r~snt.
Pate Brothers Construction, Inc.
DOUGLAS B~sBALLE, VICE PRES
~,~HE~;~ASUALTY AND SURETY COMPANY
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY CHAPTER 93 ACTS OF THE 56TH LEGISLATURE. 1959
TIlE AETNA CASUALTY AND SURETY COMPANY
H,~r~iord. ConneclicuI 06156
POWER OF A't-i'ORNEY AND CERTIFICATE OF AUTHORITY OF A'CFORNEY(S)-IN-FACT
C.(~-'ce-;', Rose'lyn O. Hasse.~ o= 0avid R. G=oppe:]3. - -
CERTIFICATE OF INSURANCE 11/28/95
GENERAL LIABILITY
~] COMMI~RCI~ G.N LIABILITY
PRODUCER TMIS CBRTIFICATP IS ISSUED ~ A MATTPR OF INPORMATION ONLY AND CONFPRS
Elsey a Associates S/I, Inc. NO RIGHTS UPON ~E CZRTIFI~T~ HO~BR. ~IS CHRTIFI~T~ ~HS NOT ~E~,
8810 Will Clayton Pk~., %C ...........................................................................
77338 COMPLIES ~FO~IN~ CO~E
~,o~J13- 540-1555
· NS~D COMP~ L~RA Transcontinental Insurance Co.
co~,~ ~B Contin~tal Casualty Insurance
Pate Brothers Const~ction, Inc
780 W. ~nsfield H~ ~ ~C Valley Forge Insurance C~any
K~nedale, TX ...........................................................................
76060 co.~ ~z~z, D
=== ======== ======== ======== ======== ======= ====== ======== ======== ========= ==========
~ ~=~ 2000
B131696848 01/01/95 01/01/96 ,~oos-~o~/o,s~. 1000
[ ] o~,s ~ co~oRs ~ OC~NC~ 1000
~] A~gregate Per (~ O~ FIR~) 50
(~ ON~ ~SON) S
I A~OMOBILE LI~ cs~
01/01/95
01/01/96
, ,,
I I 5000 $000
II I EXCESS LIABILITY
-- B X] ~BR~L~ FORM B131696882
[ [ [ ] OTHER THAN UNBRRLLA PORM
I BI Con.tractors . B131696879
I I Equxl=meLt Floa=er
01/01/95 01/01/96 1000 ~cHAcc
1000
01/01/95 01/01/96 1000
01/01/95{01/01/96 AllRi.kO~e4/
[ Leased & Rented
--I for Section II-Grapevzne I~-S~ 94-02. Thirt~ ~ay ag~xce oz__~aBce+~aczgn
I and Waive~ 9f Subrogatiqn,zn zayo~ o~ Ci~y_oz coppg+£ ,an~ ~a =ngx~eerzng,
I Inc. A~dztzgnal ~nsure~ {excep= wormers' c~mpensa:~on; zn zavor o:
I KDR Engzneerzng, ~nc.
--I C%ty of Coppell
I c/o HDR'Engzneerz~g, Inc.
2211S. IH 35, Su=te 300
I Austin, TX
-- 78741
~CO~D ~S-S (~/88)
INSURANCE BINDER .'
11/28/95
I B~ND~R NO. 1792
PRODUCER
Blsey & Associates S/I, Inc.
8810 Will Clayton Pkwy., %C
i Hv~ble, TX 77338
Bruce C. DeHart
p~o~713-540-1555
CODE S~-CODE
COMPA~
CNA Insurance Companies I
DATE I TIME I DATE [ TIME
11/28/95 12:01 [ ~1 01/28/96 I
I [ ] NOON
~1 ...................................................... COMPANY PER ~XPIRIN~ POLICY NO.:
II INS. URSD I DESC~.IPTION OF OPERATIONS/V~HICL~S/PROP~RTY (I_NCLUDIN_~ LO.CATION)
C%ty of CopL~ell . iSanlta.ry Sewer Improvements zor uecclon II-
- c/o HI)R Engxneerz.n~, Inc. i~rapev~ne IV-SS 9~-02.
2211.S. IH 35, Sux:e 300 I
Austin, TX I
~ 78741 I
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DED CO-INS
-- II Property
[ ] SAS~C [ ] BROAD [ ] S~C~AL
[]
General Liability
II[ ] [ ] CreaMS MAD~ [ ] OCC.
~, ]~] OWNER' S ~ CO~T~CTOAS
I []
'1 Automobile [ ] ALL VEHICLES [ ] SCheDULED VSNICL~S
[]
', ..................................................
Excess L~ab~l~ty
iWorker s Compensation ~ (EACH ACCIDENT)
--'11 Employers' Liability
,I BI,ER WILL SER~ AS PROOF OF INS~Cl P~ING ISSU~CE OF POLICY.
I Inc. ,
I 780 ~ ~sf~e~d
~ [ ] ~a~ PA~ [~ ~O~C~O~ [ ] ~oaa ~A~ss [ ]
........................................................................................
---II ACO~ 7S-S (2/88) I B~ce C.
PRODUCTS - COM P/OPE A~ 15
~cH occu~,cs I $ 10 0 0
M~D ~XP (J~ ONE PERS) 15
[ ] STAT~O ~0~ I $
{ ] OTHER m
...........................................................................................
SECTION 00500
AGREE~NT
STATE OF TEXAS )
COUNTY OP DALLAS }
r-ns I rO
A.D. 1995, by and between the ~ of the County of DALL~ and State of Texas,
acting through it's thereunto duly authorized so to do, Party of the First
Part, hereinafter termed OWNER, and Pate Brothers Construction_ Inc.ofthe City of K~edale.
County of Tarrant and S~__-_~_e of T~ Party of the Second Part, hereinafter termed CONTRACTOR.
wrrNF. SSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the Party of the First Pan (OWNER), and under the
conditions expressed in the bond bearin~ even date herewith, the said Party of the Second Pan
(CONTRACTOR), hereby asrees with the said Party of the First Pan (OWNER) to commence and
complete the construction of certain improvements described as follows:
Sanitary Sewer Improvements for Section IH - Grapevine Bethel Road - SS 94-02
and all extra work in connection therewith, under the terms as stated in the General Conditions of
the Agreement and at his (or the/r) own proper cost and expense to furnish all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance and other accessories and services
necessary to complete the said construction, in accordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special
Conditions and Agreement, Plans and other drawings and printed or written explanatory matter
thereof, and the Specifications and addenda therefor, as prepared by
HDR Engineering, Inc. and the City of Coppeil Engineering Department
herein entitled the ENGINI=.I~R, each of which has been identified by the CONTRACTOR and the
ENGINEER, together with the CONTRACTOR's written Proposal, the C. veneral Conditions of
Agreement, and the Performance and Payment Bonds hereto attached, all of which are made a part
hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after the date written
notice to do so shall have been given to him, and to substantially complete the same within 180
calendar working days after the date of the written notice to commence work, subject to such
exte~ions of time as are provided by the General and Special Conditions.
The OWNER asrees to pay the CONTRACTOR in ctffrent fired the price or prices shown
in the proposal, which forms a pan of this contract, such payments to be subject to the General and
Special Conditions of the contract
Section 00~00
Agreement
Page 2
iN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the
year and day first above
CITY OF COPPI~-! J-
PATE BROTHERS CONSTRUCTION, INC.
Party of the First Part (OWNER)
~,~'~ or,~/~.d P~ (COm'P. ACTO~)
ATTEST:
IMPORTANT
NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT;
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES;
COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P.O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX $ (512) 475-1771
PRE}{IUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A
CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE
DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY.
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART
OR CONDITION OF THE ATTACHED DOCUMENT.
LIFE & CASUALTY
STATUTORY PERFORMANCE
BOND-TEXAS
THE ~ CASUALTY AND ~JRETY COMPANY
Hm1~'d. Co~neclx~ OEl~
BOND ~0. 071SB100995108
KNOW ALL MEN BY THESE PRESENTS. am! Pate Brothers Construction, Inc.
780 W. Mansfield Highway, Kennedale, Texas 76060
~(~S). are ~ ~d ~ ~ ~ City of Coppell
Four Hundred Thirty Six Thousand Three Hundred Fifty E~gh~ and 7[/lO0~-'-------'Ooa.rs
($ 436,358.71'***************~ k~ ~ payment ,V~ol. ~ ~ ~m ~ ~ ~ ~. ~ ~r ~.
tNl-lEREAS. IhePnncapalhlsle~lefld~ l lm~llm~mll~,,~.,[~..~lit~l~lO01gee.~ll~t~e day of
.~ Sanitary Sewer Improvements for Section
III - Grapevine Bethel Road - SS 94-02
N~. THEREFORE. THE C~DITION OF THIS ~LIGATION IS S~H. ~lt ~ ~ ~d Pn~l ~E t~fuiy ~ ~ ~ m I~r~an~
DI,SCLOSURE OF GUARANTY FU~D
eve,,~ ,.,= l...,u ...... Ccmpany is unable
DOlicyJlol3~ O;' "'~ '""+:'" ' :' ' '
other solvency ~[~ction ar~angemsnt.
Pate Brothers Construction, Inc.
DOUGLAS B/~BALLE, VICE PRES Pnn~oa~
B~5 AND SURETY COMPANY
Bruce C. DeHart Atto~ney-,n-~:act
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES O~ TEXAS AS
AMENDED BY CHAPTER o3 ACTS OF THE S6TH LEGISLATURE. 1~9
LIFE & CASUALTY
STATUTORY PAYMENT
BOND-TEXAS
11,1E ~ CASUALTY AND ~UREI'~ C:OI~PANY
Hmllmd. Cor, ne, ct~ 06156
BOND NO. 071SBI00995108
KNOW ALL MEN BY THESE PRESENTS. Ihst Pate Brothers Construction, Inc.
780 W. Mansfield Highway, Kennedale, Texas 76060
(;'mm~mfler ~l~:l ~e Pm',c~el(s). ~ ~q~) ~ THE ~ CASUALTY AND SURETY COMPAHY (he, min~ltm' ~ ~e S~e~(ms). ~
Sum~ms). ,,m ~ m~l t~rmiy boums unto City of Coppell
(h~ ~ Itm Ol:dlgee). m t~e smount of
Tour Hundred Thirt7 $i× ~housand Three Hundred Fift:¥ Bight and 71/100 .......... Doe·,s
VVHEREAS. ~te Pra~cipll his ICttl~ into · ~l~llin ~ ~3nt~ i~h Ire O~gle, elltl~ ~te lily of
,1~ , to Sanitar7 Sewer Tmprovements for ~ection
]:II - Grapevine Bethel Road - $$ 94-02
NOW. THEREFORE. THE CONDITION OF THIS O~LIGATION IS SUCH. ~&l if Ih~ ~,~ I~1 shill pay ill claJman~ ~Jp~ly,ng IlbO, an·
Pate Brother· Construction, Inc.
DOUGLAS B~SBALLE, VICE PRES Pnnclpal
[~iSCLOSURE OF GUARANTY FUND NO;% ,-,~, CIP~,...
In the event the insurance Company i~ unable
prot~ted by cs ir;~c~ ~c;, 5ua:a;:',~/ fu~d or
other sotve~cy
THE ~TNA CASUALTY AND SURETY COMPANY
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY CHAPTER 93 ACTS OF THE ~6TH LEGISLATURE. 1959
AETNA CASUALTY AND SURETY COMPANY
Harl(ord. ConnecticuI (]6156
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
Ca.~ce~*, Rosalyn 0. Hassel.!. o= David R. G~oppe11 - -
CERTIFICATE OF INSIIRANCE 11/28,'95
Elsey & Associates S/I, Inc.
8810 Will Clayton Pkwy., #C
H,,mhle, TX
77338
pHo~713- 540-1555
--i Pate Brothers Construction, Inc
I 780 W. Mansfield Hwy
Kennedale, TX
176060
COMPANIES AFFORDINO COVERAGE
Transcontinental Insurance Co.
Continental Casualty Insurance
Valley For~e Insurance Company
B131696848
I ~=NE~"~ i~C~GR~ATE 2000
01/01/95 01/01/961 p~oo~-coMP/oPs ~. 1000
P~R$. ~ ~w. ~ 1000
(~ o~ ~z) 50
................................,
(~ ONE PERSON) 5
...........................................................,
1000
................................
01/01/95 01/01/96 ~o~
(P~R PERSON)
................................,
................................,
.............................................................
01/01/95
, ,,
I 5000
[ ] OT~ER TmU~ U~BR~LA FORM
STA~ORY
CIi WORKERS' COMP WC131696851 01/01/95 II 01/01/96 1000 E~ acc
AND I 1000 D~S~-~c~
C[ ~PLO~RS' LI~ WC131696851 01/01/95 01/01/96 1000
.............................................. ~ ...............................................
~---* ............................ I
~ 0~ER ,
BI Con~ractors B131696879 01/01/95 ~ 01/01/96
I E~pment Floater I L~O
for Section zzz-~rapevxne ~et~el aoa4._T~xrtX 9ay
and Waxver of S~ogation xn =avor o~ u~=y oz uoppg+~ ~n9 ~ ~g
~nc. A4ditignal ~nsured (except Wor~ers' C~sa=xon; xn =avor oz
~a Engxneerxng, ~nc.
CERTIFICATE
HOLDER
= SHOULD ~ OF
C%ty of Coppe11
c/o HDR Engxneerigg, Inc.
Austxn,787412211'S' TX IH 35, Suite 300
~CO~ 25-S (3/88)
GENERAL LIABILITY
[ ] [ ] c~s MADE []~ occ.
[ ] OWNER' S & CO~CTORS
PROTECTIVE
~] ~regate Per
] DATE
............................ I ..............
--I
INSURANCE BINDER: 11/28/95
[sI~o~ NO. 1793
· II 8810 Will Clayton Pk~., #C
I H,,,,hle, TX
~.1/ 773~8
Bruce C. De. Hart
I p,o~713-540-155S
COMPANY
CNA Insurance Companies I
DATE I TIME I DATE I TIM~
11/28/95, 12:01 [ ~1 01/28/96 II [~:°~] NOO~
ci, ty of Coppe11 iSanita.ry Sewer .Im~rov. em~,nts for Section III
c/o HDR Engxneering, Inc. iGrapevxne Bethe£ Koaa
2211. S. I
IH 35, Suite 300
Austin, TX I
78741
c%~es d ~= = ~=~= ................ ~=6~=~ 7~ ~ .................. ~o~L LI~ILI~ LIMITSDED TM ~ouS~SCO - INS
Property.
[]
[]
General Liability sz~ ~z ~$1000
~ OC~ZNC~ I$1000
FIRE D~AG~ I $
[ ] STATED ~o~ ~ $
~Worker s ComRensation $ (~ ACCID~)
Employers' Liability $ (DIS~-~ ~MP~Y~)I
BI~ER WILL SERVE AS PROOF OF INS~CE P~ING
ISSU~CE
OF
POLICY.
Inc. ' 1 H .
780 W. ~nsfze d
Kenne~le, TX
76060
.......................................................................... ;2 2 ..................................................
ACO~ 75-S (2/88) I B~ce C. De~a~~ ~
[ ] [ ] CLAIMS MAD~ [ ] OCC.
[]
[]
Automobile
[ ] NON/OWNeD
[ ] HIRED
[ ] c..zm~.~E
[ ]
Auto Physical Damage
[ ] OTC DED:
Excess Liability
SECTZON 00700
GENERAL CONDZTZONS
(SEE ATTACHED EJCDC DOCUMENT NO. 1910-8, 1990 EDZTZON)
O0700-!
This document has imporlant legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD
GENERAL CONDmONS
OF TI-W.
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
General Contractors of America
The Associated ~
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 interrelated and a change in one may necessitate a change in the
others. Comments concealing 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
C,-',~:;fions, 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.
1990 National Society of Professional Engineers
1420 King Street. Alexandria. VA 22314
American Consulting Engineers Council
lul5 15ti. Street, N.W.. ',Vashington. 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
I. 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 Ag~ement ...... 13
1.17 ENGINEER .......................... 13
I. 18 ENGINEER's Consultant ............. 13
I. 19 Field Order ........................... 13
1.20 Genend 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 Awm'd ...................... 14
1.26 Notice to Proceed .................... 14
1.27 OWNER ............................. 14
1.28 Partiai Utilization ..................... 14
1.29 PCBs ................................. 14
1.30 Peuoleum ............................ 14
1.31 Project ............................... 14
1.32 Radioactive Materiai .................. 14
1.33 Resident Project Representative ....... 14
1.34 Samples .............................. 14
1.35 Shop Drawings ....................... 14
1.36 Specifications ......................... 14
1.37 S..beontractor ........................ 14
1.38 Substantial Comlde~on ............... 14
1.39 Supplementary Conditions ............ 14
1.40 Supplier ..............................
1.41 Under~'oond F~scilides ................ 14
1.42 Unit Price Work ...................... 14
1.43 Work ................................. 15
1.44 Work Change Directive ...............
1.45 Written Amendment .................. 15
2. PRELIMINARY MA-I-I'IaRS ...................... 15
2.1 Delivery of Bonds .................... 15
2.2 Copies of Documents ................. 15
2.3 Commencement of Contract Times;
Notice to Proceed_ .................. 15
2.4 Starling the Work ..................... 15
Article or Paragraph Page
Number & Title Number
2.5-2.7 Before Sta~ting Construction;
CO~R's Responsibility to
Report: Preliminary Schedules;
Delivery of Certi~cntes of
Insurance .......................... 15
2.8 Preconstruction Confereace ...........
2.9 Initially Acceptable Schedules ......... ' 16
3. CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE ............................ 16
3. I-3.2 Intent ................................ 16
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies ...................... 16
3.4 Intent of Certain Terms or Adjectives .. 17
3.5 Amending Contract Documents ....... 17
3.6 Supplementing Contract Documents ... 17
3.7 Reuse of Documents .................. 17
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS · 17
4. I Availability of Lands .................. 17
4.2 Subsurface and Physical Conditions ... 17
4.2.1 Reports and Drawin~ ................ 17
4.2.2 I.,imJted Reliance by CON'XlCt~'IUR
Authorized; Technical Data ......... 18
4.2.3 Notice of Differing Subsurface or
Physical Conditions ................. 18
4.2.4 ENGINEER's Review ................ 18
4.2.5 Possible Contract Documents Change . 18
4.2.6 Possible Price and Times A~jnstments. 18
4.3 Physical Coeditioos--U nde, ~ udnd
Facilities ........................... 18
4.3.1 Shown or Indicated ................... 18
4.3.2 Not Shown or Ind~--~d .............. 19
4.4 Reference Points ...................... 19
4.5 Asbestos, PCBs, Petroleum, Hazardous
~aste or Radioactive Material ...... 19
BONDS AND INSURANCE ..................... 20
5. I-5.2 Ycffotm~w~. Payment and Other Bonds. 2O
5.3 Licensed Sureties and Insurers;
Cer~__ ~',"s o( Insurance ............ 20
5.4 CONTRACTOR's Liabaity Insurance . 20
5.5 OWNER's 1 L~h~lity Insurance ........ 21
5.6 Property Insurance ................... 21
5.7 Boiler and Machinery or Additional
Property Insurance ................. 21
5.8 Notice of Cancdlation Provisions ..... 2 I
5.9 CONTRACtOR's Responsibility for
Deductible 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 ami Application of InsUrance
5.14 Acceptance of Bonds and Insurance;
Option to Replace ................. 22
5. I.~ Per,iai Ulilization~ProportY
Insurance .......................... 23
6. co~R'S RESPONSIBILITIES .......... 23
6. I-6.2 Supervision and Superintendonce ...... 23
6.3-6.5 Labor, Materials and Equipment ...... 23
6.6- Progress Schedule .................... 23
6.7 Substitutes and "Or-Eqnal" Items;
CONTRACTOR's Expense;
Substitute Cm~truction
Methods or Procedures;
ENGINEER's Evaluation .......... 23
6.8-6.1 ! Concerning Subcontractors, Suppliers
and Others; Waiver of Rights ....... 24
6.12 Patent Fees and Royalties ............. 25
6.13 Permits ............................... 25
6.14 Laws Ired Regni-qions ................ 25
25
6.15 Taxes ................................
6.16 Use of Premises ...................... 26
6.17 Site Cleanliness ....................... 26
6.18 Safe Structural Lo~4!ng ............... 26
6.19 Record Documents ................... 26
6.20 Safety and Protection ................. 26
6.21 Safety Representative ................. 26
6.22 H~?nrd CommuK'c~?on Programs ..... 27
6.23 Emergencies .......................... 27
6.24 Shop Drawings and Samples .......... 27
6.25 Submltml Progedmes;
CONTRAClOR's Review Prior to
Shop Drawing or Sample Submittal . 27
6.26 Shop Drawing & S~mple Submittals
Review by ENGINEER ............ 27
6.27 Responsibility for Variation From
Contract Documents ................ 27
6.28 Relnted Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals .............
6.29 Continuing the Work ..................
6.30 CONTRACTOR's General
Wan-anty and Guarantee ............
6.31-6.33 Indemnification .......................
634 Survival of Obligations ................
7. OTHER WORK. ..................................
7.1-7.3 Related Work nt Site ..................
7.4 Coordination
$. OWNER'S RESPONSIBILITIES .................
8. I Commonica~)ne to Contractor ........
8.2
8.3
8.4
8.5
Replacemem of ENGINEER ..........
Furnish Data and Pay Promptly When
Lands and Easements: Reports and
Tests ............................... 29
Insurance ............................. 29
A~cle or Paragraph Page
Number & Title Number
8.6 Change Orders ....................... 29
8.7 Inspections. Tests and Approvals ...... 29
8.8 Stop or Suspend Work; Terminate
CO~-IOR's Services ......... 29
8.9 Limitntions on OWNER's
Responsibilities ..................... 30
8.~0 Asbestos, PCBs. Petroleum, Hazardous
Waste or Radioactive Material ...... 30
8. I I Evidence of Financial Ammgemonts .. 30
9. ENGINEER'S STATUS DURING
CONSTRUCTION ...............................
9.1 OWNER's Representative ............ 30
9.2 Visits to Site .......................... 30
9.3 Project Representative ................ 30
9.4 Cla~fications and Interpretations ...... 30
9.5 Autho~zed Vatiationa in Work ........ 30
9.6 Rejecting Defective Work ............. 30
9,7-9.9 Shop Drawings, Cha~e Orders and
31
Payments ..........................
9.10 Determinations for Unit Prices ........
9.1 I-9.12 Decisions on Disputes; ENGINEER as
initial inteqx~ter ................... 31
9.13 Limitations on ENGINEER's
Authority and Responsibilities ...... 31
10. CHANGES IN THE WORK ..................... 32
10.1 OWNER Ordered Change ............ 32
10.2 Claim for Adjustment ................. 32
10.3 Work Not Required by Contract
Documents ......................... 32
10.4 Chnage Orders
10.5 Notificatioo of Surnty ................. 32
I I. CHANGE OF CONTRACT PRICE .............. 32
I I. I-I 1.3Contract Price; Claim for Adjustment;
Value of the Work .................. 32
11.4 Cost of the Work ..................... 33
I 1.5 Exclusions to ~ of the Work ....... 34
I 1.6 CONTRACTOR's Fee ................ M
11.7 Cost Records ......................... 34
I 1.8 Cash Allowances ..................... 35
I 1.9 Unit Price Work ...................... 35
12. CHANGE OF cONTRACT TIMES .............. 35
12. I Claim for Adjustment .................
12.2 Time of the Essence .................. 35
12.3 Delays Beyond CONTRAL.- fOR's
Control ............................ 35
12.4 Delays Beyond OWNER's and
CONTRACTOR's Control .......... 35
13.
TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECT]VE
36
WORK ..........................................
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
Number & Title
13.4 OWNER's Responsibilities:
13.5
13.6-13.7
13.8-13.9
13.10
13.11
13.12
13.13
13.14
Page
Number
Independent Testing Laboratory .... 36
CONTRACTOR's Responsibilities ..... 36
CoveringWork Prior to Inspection,
Testing or Approval ................ 36
Uncovering Work at ENGINEER's
Request ............................ 36
OWNER May Stop the Work ......... 36
Cotroction or Removal of Defective
Work ............................... 37
Correction Period .....................
Acceptance of Defective Work ........ 37
OWNER May Correct Defective
Work ............................... 37
14.
PAYMENTS TO CONTRACTOR AND
COMPLETION ................................. 37
14. I Schedule of Values .................... 37
14.2 Application for Progress Payment ..... 38
14.3 CONTRAC"TOR's Wan'anty of Title ... 38
14.4-14.7 Review of Applications for
Prngrr~s Payments ................. 38
14.8-14.9 Substantial Completion ............... 39
14.10 Pe~ial Utilization ..................... 39
14.11 final Inspection ...................... 39
Article or Paragraph Page
Number & Title Number
14.12 Final Application for Payment ......... 40
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... 40
15.
SUSPENSION OF WORK AND
TERMINATION ................................ 40
15.1 OWNER 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 Giving Notice ........................ 42
17.2 Computation of Times ..... * ........... 42
17.3 Notice of Claim ....................... 42
17.4 Cumulative Remedies ................. 42
17.5 Professional Fees 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
Numbe~'
Acceptance of~
Bonds and InsunmCe ................................ 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" Items .................. 6.7, I
Work by OWNER ........................ 2.5, 6.30. 6.34
Access to the--
Lands, OWNER and CONTRACTOR
responsibilities ................................. 4.
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,
Addenda--definition of (also see
definition of Specificatioas) ........... (I.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,
progress schedule .................................... 6.6
Agreement--
definition of .......................................... 1.2
All risk Insurance, policy form ........................ 5.6.2
Allowances, Cash ..................................... I 1.8
Amending Contact Documents ......................... 3.5
Amendment. Written-.-
in itcneral .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,
I0.1, 10.4, 11.2, 12.1. 13.12.2, 14.7.2
Appeal, OWNER or CONTRAC'iOR
intent to ...................... 9.10, 9.11, 10.4, 16.2. 16.5
Application for Payment~
dclinition 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.
progress payment .............................. 14.1, 14.7
review of ...................................... 14.4-14.7
Arbitration (Optional) ............................. 16.1-16.6
Asbestos---
claims pursuant therato ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
1.4
definition of ..........................................
OWNER responsibility for .................... 4.5. I. 8.10
possible price and times change ..................... 4.5.2
Authorized Variations in Work ........... 3.6, 6.25, 6.27.9.5
Availability of Lands 4.1 8.4
Award, Notice of~efined ............................ 1.25
Before Sla,'ling Construe[ion ........................ 2.5-2.8
Bid--definition of ...................................... 1.5
(1.1. 1.10,2.3.3.3,4.2.6.4.6.13.11.4.3, 11.9.1)
A~'ticle or Paragraph
Number
Bidding Documeflts---definilioa of ................ 1.6 (6.8.2)
Bidding Requirements--definitions of ...... 1.7 (I .I, 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 atr ...................................... 2.1.5.1
final application for p~yment ................. 14.12-14.14
general ............... 1.10, 5.1-5.3, 5.13, 9.13.10.5, 14.7.6
perfonnance, Payment and Other ................. 5.1-5.2
Bonds and Insurance. in general .........................
Builder's risk "all risk" policy form ................... 5.6,2
Cancellation Provisions, Insurance ........ 5.4. I1.. 5.8, 5.15
11.8
Cash Allowances ......................................
Certifr, ate of Subslantiai 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. 5.3, 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 ~'or price adjustment ..... 4.1, 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 ............................... I 1.6
Cost of the Work
I 1.4-11.7
general ...................................... 11.5
Exclusions to .......................................
11.7
Cost Records .......................................
in general .............. 1.19. 1.44, 9.11, 10,4.2, 10,4.3,
Lump Sum Pricing ................................ I 1,3.2
Notification of Surety ............................... 10.5
Scope of ....................................... 10.3-10,4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work .................................... 11.9
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, 9.11, 10.2, 10.5, 12.1, 13,9, 13.13,
13.14. 14.7, 15.1.15.5
Contractual time limits .............................. 12~2
nd CONTRACTOR's control ............ 12 3
Delays beyo '
Delays beyond OWNER's and CONTRN,-It'OR's con-
- 12.4,
Nottr?fic~tion of surety ............................... 10.5
Scope of change ............................... 10.3-10.4
Change Orders--
Acceptence of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
I I.$
Cash Allowances ...................................
Change of Contract Price ............................. I
Change of Contract Times ............................ 12
Changes in the Work ..................................
cONTRACTOR's fee ............................... 11.6
Cost of the Work ............................... I 1.4-11.7
4
Article or Paragraph
Number
Cost Records ....................................... 11.7
definition of .......................................... 1.9
emergencies ........................................ 6.23
ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1
execution of ........................................ 10.4
[ndemniflcabon ..................... 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 Conditio~
Subsurface and ...................................... 4.2
Underground 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 Work, covered by .......................... I 1.3
Changes in the Work ...................... ; ............. 10
Notiflcetion 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
Clams--
~L,~inst CO~R ............................. 6.16
against ENGINEER ................................ 6.32
a&ainst OWNER .................................... 6.32
Change of Contract Price ....................... 9.4, 11.2
Change of Contract Times ...................... 9.4, 12.1
CONTRACTOR's 4, 7. I, 9.4, 9.5, 9. I I, 10.2, ! 1.2, I 1.9,
12.1, 14.8, 15.1, 15.5, 17.3
CO~R's ~ .............................. 11.6
CON~R's liability ............ 5.4, 6.12, 6.16, 6.31
Cost of the Work .............................. I 1.4, I 1.5
Decisions on Disputes ......................... 9.11, 9.12
Dispute Resoiotlon .................................. 16. I
Dispute Resolution A~eement .................. 16.1-16.6
ENGINEER as initial interpretor .................... 9,11
Lump Sum Pricin~ ................................ 11.3.2
Notice of ........................................... 17.3
OWN ER's ........... 9.4, 9.5, 9. I I, 10.2, I 1.2, I 1.9, 12.1,
13.9, 13,13, 13.14, 17.3
OWNER's liability ................................... 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included ..........17.5
request for formal decision on ....................... 9. I I
Substitute items .................................. 6.7.1.2
Time Extension ..................................... 12. I
Time requirements ............................ 9.1 I, 12.1
Unit Phce Work .................................. 11.9.3
Value of ............................................I 1.3
Waiver of=on Fiead Payment ................ 14.14, 14.15
Work Change Directive ............................. 10.2
written notice required ................... 9.11, 11.2, 12.1
Cla~.ations and Interpretations ............ 3.6.3, 9.4, 9. II
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
genera] .................................... 6.2, 6.9.2. 8. I
Hazard Communication Programs
Completion--
Final Application fro' 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 .................................. 14.15
Computation of Times ........................ 17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others ............................ 6.8-6.11
Conferences--
initially acceptable schedules ......................... 2.9
preconstruction ...................................... 2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Repun ..................... 2.5, 3.3.2
Construction, before sta~ir~ by CONTRACTOR .... 2.5-2.7
Constructioa Machinery, Equipment. etc ................ 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents-.=
Amending ........................................... 3.5
Bonds ............................................... 5. I
Cash Allowances ................................... 11.8
Change of Contract Price ............................. 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 ........................................ 1.10
ENGINEER as initial interpreter of ................. 9. I I
ENGINEER as OWNER's ~tative ............ 9.1
general ................................................ 3
Insurance ............................................ 5.3
Intent ............................................ 3. I-3.4
minor vacations in the Work ......................... 3.6
OWNER's responsibility to furnish data . .. ........... 8.3
OWNER's responsibility to make
prompt payment ....................... 8,3, 14.4, 14.13
precedence .................................... 3.1, 3.3.3
Record Documents ................................. 6.19
Reference to Standards and Specifications
of Technical Societies .............................. 3.3
Related Work ........................................ 7.2
Reporting and Resolving Discrepancies ...........2.5, 3.3
Reuse of ............................................. 3.7
Suppiementin~ ....................................... 3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work .................................... I 1.9
vacations .................................. 3.6, 6.23, 6.27
Visits to Site, ENGINEER's ......................... 9.2
Contract Pr~ce---
adjustment of ............... 1 3.5, 4. I, 9.4, 10.3, I 1.2-11.3
Change of ............................................ II
Decision on Disputes ............................... 9.
definition of ........................................ I. I I
Contract Times--
adjustment of ......................3.5, 4.1, 9.4. 10.3.12
Change of ...................................... 12.1-12.4
Arlicle or Paragraph
Number
Commencement of ................................... 2.3
definition of ........................................
CONTRACTOR--
Acceptance of Insurance ............................ 5.14
limited Reliance on Technical I:}at~ 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's---
Compensation .................................. I 1.1-11.2
Continuing Obligution .............................. 14.15
Defective Work .......................... 9.6, 13.10-13.14
Duty to correct 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
Emergencias ........................................ 6.23
Equipment and Machinery Rental, Cost
of the Work ................................... I 1.4.5.3
Fee---Cost-Plus ..................... I 1.4.5.6, I 1.5. I, I 1.6
General Warranty and Guarantee .................... 6.30
Ha,nrd Communication Programs ................... 6.22
Indemnification ...................... 6.12, 6.16, 6.31-/o.33
Inspection of the Work ......................... 7.3, 13.4,
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulations, Complinnce by ............. 6.14.1
Liability Insurance ................................... 5.4
Notice of Intent to Appeal ..................... 9.10, 10.4
obligation to perfo~n and complete the Work ........ 6.30
Patent Fees and Royalties, paid for by ............... 6.12
Ped'ormance and Other Bonds ........................ 5.1
Permits, obtained and paid for by .................... 6.13
Progress 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, Suppiiera and Others. 6.8-
6.11
Continuing the Work ........................ 6.29, 10.4
CONTRACTOR's expense ....................... 6.7.
CONTRACTOR's General Warranty and Guaran-
tee ............................................... 6.30
CONTRACTOR's review prior to Shop Drawingor 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 ..... 6.9.1-6.9.2, 9.13
for deductible amounts, insurance .................. 5.9
general ................................. 6. 7.2, 7.3, 8.9
Hazardnas Communication Programs .............6.22
Indemnification ..............................6.31-6.33
Labor, Materials and Equipment ................ 6.3.6.5
Laws and Regulations ............................ 6.14
Liability insurance ................................. 5.4
Notice of variation from Contract Documents ..... 6.27
Patent Fees 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 Consm~ction Methods and
Procedures .................................... 6.7.2
Substitutes and "Or-Equal" Items ................ 6.7.1
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 Prior to Shop Drawing or Sample Submittal., 6.25
Right to adjustment for changus in the Work ......... 10.2
right to claim.. 4, 7. I, 9.4, 9.5, 9. I I, 10.2, 11.2, 11.9, 12. I,
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 Submittals ......... 6.24-6.28
Special Consultants ............................... 11.4.4
Substitute Construction Methods and Procedures ..... 6.7
Substitutes and "Or-Equal" Items, Expense .. 6,7. I, 6.7.2
Subcontractors, Suppliers and Others ............ 6.8-6.1 I
Supervision and Superintendence ........... 6.1, 6.2, 6.21
Taxes, Payment by ..................................6.15
Use of Premises ................................ 6.16-6.18
Warranties and guaramees ...................... 6.30, 6.5
Warranty of Tide ...................................14.3
Written Notice Required.--
CONTRACTOR stop Work or termionte ........... 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
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, 13.11
13.12
Correction Period ..................................
OWNER May Correct Defective Work ............. 13.14
OWNER May Stop Work .......................... 13.10
Cost--
of Tests and Inspections ............................. 13.4
Records ............................................ 11.7
Cost of the Work--
Bonds and insurance, additional ................. 11.4.5.9
Cash Discounts ................................... 11.4.2
CONTRACTOR's Fee .............................. II .6
Employee Expenses ............................. 11.4.5.1
Exclusions to ....................................... I I ..5
General ........................................ 11.4-11.5
Home office and overhead expenses ................. I I.-5
Losses and damages ............................. I 1.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses ................................. I 1.4.5.8
Payroll costs on changes .......................... 11.4.1
performed by Subcontractors ...................... 11.4.3
Records ............................................ 11.7
Rentals of construction 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 ...' ......... 11.4.4
Supplemental ..................................... 11.4..5
Taxes related to the Work ....................... I 1.4.5.4
Tests and Inspection ................................ 13.4
Trade Discounts .................................. 11.4.2
Utilities, fuel and senitaty facilities ...............I 1.4.5.7
Work after regular hours .......................... I 1.4.1
Covering Work ................................... 13.6-13.7
Cumulative Remedies ............................ 17.4-17..5
Cutting, fitting and patching ............................ 7.2
Data, to be furnished by OWNER ...................... 8.3
Day. definition of ................................... 17.2.2
Decisions on Disputes ........................... 9. I I, 9.12
defac tive---defi nition 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 ........................... 13.1
Rejecting ............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions ............................................... I
De,_~ s ................................. 4.1, 6.29, 12.3-12.4
Delivery of Bonds ...................................... 2.1
Deliver,/of certificates of insurance ..................... 2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................ 9.10
Diffedng 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 ..................................... 16.1-16.6
Arbitration ..................................... 16.1-16.5
16
general ...............................................
Mediation .......................................... 16.6
Dispute Resolution Agreement .................... 16.1-16.6
Disputes. Decisions by ENGINEER .............. 9.1 I-9.12
Documents--
Copies of ...............................................
6.19
Record .............................................
Reuse of ............................................. 3.7
Drswings---definition of ............................... I. 15
Easements ............................................. 4. I
Effective date of Agreement-definition of ............. 1.16
Emergencies .......................................... 6.23
ENGINEER--
as initi~1 inteq~reter on disputes ................. 9. I I-9.12
1.17
definition of ........................................
Limitations on authority and
responsibilities ................................. 9.13
Replacement of .......................... ; ........... 8,2
Resident Project Representative ................. 9.3
ENGINEER's Consultant--definition of ............... I. 18
ENGINEER's---
authority and responsibility, limitations on ........... 9.13
Authorized Variations in the Work .................... 9.5
Change Orders. r-"-oponsibility for .......... 9.7. I0, I I, 12
Clarifications and Interpretations ............... 3.6.3, 9.4
Decisions on Disputes .......................... 9. I 1-9.12
defective Work, notice of ...........................13.1
Evaluation of Substitute Items ....... ' ............... 6.7.3
Liability ....................................... 6.32, 9,12
Notice Work is Acceptable ......................... 14,13
Observations ................................. 6.30.2, 9.2
OWNER's Representative ........................... 9. I
Payments to the CONTRACTOR.
Responsibility for ..... . ......................... 9,9, 14
Recommendation of Payment ................. 14.4, 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. I I-9.12
Determinations on Unit Price ..................... 9.10
ENGINEER as Initial Interpreter ............. 9.11.9.12
ENGINEER's Responsibilities ................ 9. I-9.12
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ................................... 9.13
OWNER's Representative ........... 9.1
Project Representative · 9.3
Rejecting Defective Work .......................... 9.6
Shop Drawings, Change Orders and
9.7-9.9
Payments ....................................
Visits to Site ...................................... 9.2
Unit Price Determinations ................. 9.10
Visits to Site .................................. 9.2
Written consent required .. .. 7 2 9.1
Equipment. Labor, Materials and ....... 6 3-6.5
Equipment rental. Cost of the Work ................ 11.4.5.3
Equivalent Materials and Equipment .................... 6.7
6.33
Errors or omissions ...................................
Evidence of Financial Arrangements ................... 8, I I
Explorations of physical conditions ........... 4.2.1
Fee. CONTRAC-I~R's--Costs-Plus ....... I 1.6
Field Onier~
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
~.vLraIER,s responsibility for ........................ 8!1~
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
Acceptance of. by OWNER ......................... 5.14
Additional, required by changes
in the Work ................................. 11.4.5.9
Before starling 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-ACTOR's Liability ........................... 5.4
CONTRACTOR's objection to coverage ......... 5 4
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 insumds .............. 5.12-5.13
OWNER's Liability .................................. $.5
OWNER's Responsibility ............................ 8.5
Partial U tilizntion, Property Insurance ............... 5.15
5.6-5.10
Property ........................................
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rights .................................... 5. I I
Intent of Contract Documents ....................... 3.1-3.4
Interpretations and Cla~fications ................. 3.6.3.9.4
Investigations of physical conditions ....................4.2
Labor, Materials and Equipment .................... 6.3-6.5
Lands-=
and Easements ...................................... 8.4
Availability of ................................... 4.1.8.4
Repons & Tests ..................................... 8.4
Laws and Regulations--Laws or Regulations.--
Bonds ........................................... 5. 1-5.2
Changes in the Work ................................ 10.4
Contract Documents ................................. 3. I
CONTRAC-IOR'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 ............................................ ~'~
Precedence .................................... 3.1.3. ·
Reference to ....................................... 3.3. I
Safety and Protection .......................... 6.20. 13.2
Subcontractors. Suppliers and Others ............ 6.8-6. I I
Tests and Inspections ........................ ; ...... 13.5
Use of Premises .................................... 6.16
Visits to Site ......................................... 9.2
Liability Insurance--
CONTRACTOR's .................................... 5.4
OWNER's ........................................... 5.5
Licensed Sureties and Insurers ......................... 5.3
Liens---
Application for Progress Payment ................... 14.2
Contractor's Wamanty 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 ...... ,s.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 Doguments ................ 3.3.1
Mate6als and equipment--
furnished by CONTRACTOR ........................ 6.3
not incorporated in Wod~ ............................ 14.2
Materials or equipment--.~quivalent ..................... 6.7
Mediation (Optional) .................................. 16.7
Milestones-.-definition 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
MuKi-prime contracts .................................... 7
Not Shown or Indicated .............................. 4.3.2
Notice of--
Acceptability of Project ............................ 14.13
Award. definition of ................................. 1.2-~
Claim ............................................. 17.3
Defects ............................................. 3.1
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--
1.26
definition of ........................................
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 CONTRACI13R .............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
Ore,me Work--:.prohibition of ......................... 6.3
OWN ER--
Acceptance of defective Work ...................... 13.13
appoint an ENGINEER .............................. 8.2
as fiduciary .................................... 5.12-5.13
Availability of Lands, responsibility ................... 4. I
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,
termiuatc ....................... 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. l0
OWNER's---
Acceptance of the Work ......................... 6.30.2.5
Change Orders. obligation to
execute .................................... 8.6. 10.4
Communications ..................................... 8. 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 ............................ 9.1
Responsibilities-=
Asbestos, PCB's. Petroleum. H~zardous
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 arran~ments ................ 8.11
inspections, tests and approvals .................... 8.7
Insurance ..................................... :... 8.5
lands and easements ............................... 8.4
prompt payment by ................................ 8.3
replacement of ENGINEER ....................... 8.2
reports and tests ................................... 8.4
stop or suspend Work .................. 8.8, 13.10. 15.1
terminate CONTRAC'IOR'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. I. 6.3, 11.4
written notice
required .......... 7.1,9.4,9.11, 11.2, 11.9, 14.7, 15.4
PCBs---
definition of ........................................ 1.29
res sih"'ty f-- ........................
Partial Utilization---
de§nition of ........................................ 1.28
general ................................... 6.30.2.4, 14.10
Property Insurance .................. ............... 5.15
Patent Fees and Royalties ............................. 6.12
Payment Bonds ..................................... 5.1-5.2
Payments, Recommendatioa of ............. 14.4-14.7, 14.13
Payments to CONTRACTOR and Completion---
Application for Pro~ress Payments .................. 14.2
CONTRAL'IOR's Warranty of Title ................. 14.3
Final Application for Payment ...................... 14.12
Final Inspection ............................... 14.11
Final Payment and Acceptance ............... 14.13-14. 4
general ........................................... 8.3, 14
Partial Utilization .................................. 14.10
Retaiuage ........................................... 14.2
Review of Applications for Progress
Payments ....................... ; .......... 14.4-14.7
prompt payment ..................................... 8.3
Schedule of Values .................................. 14. I
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
Permils ............................................... 6.13
Article or Paragraph
Number
I~troleu~ 1.30
definition of ........................................
genera] ........................................... 4.5
OWNER s responsibility for ..................... 8. 0
Physical Conditions---
Drawings of. in or relating to .....................4.2.1.2
ENOINEER's review .............................. 4.2.4
existing structures .................................. 4.2.2
general ........................................... 4.2.1.2
Subsurface and ............. 4.2
Underground Facilities .............................. ~ 4~.~
Possible Contract Documents Change ..................
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.
Technical Data, Limited Reliance by
co~R Authorized .................... 4.2.2
Underground Facilities--
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
Preconstmction Conference ............................ 2.8
Preliminary Matters ...................................... 2
Preliminary Schedules .................................. 2.6
P~mises, Use of ................................. 6.16-6.18
Price, Change of Contract ............................... I I
Price, Contract--dehoition of .......................... I.I I
Progress Payment. Applications for .................... 14.2
Prog~ss payment--retainage .......................... 14.2
Progress schedule. CONTRAC'IOR's ..... 2.6, 2.8. 2.9, 6.6,
6.29, 10.4, 15.2.1
Project--definition of .................................. 1.3 I
Project Representative--
ENGINEER's Status During Construction ............ 9.3
Project Representative. Resident
· --definition of ...................................... 1.33
prompt payment by OWNER ........................... 8.3
Property Insurance
Additional ........................... ................
genend ......... 5.6-5. I
Fartial 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
Radio~tive Material--
definition ........................................... 1.32
genend .............................................. 4.5
OWNER's responsibility for ........ . ................ 8.10
Recommendation of Payment .............. 14.4. 14.5. 14A3
Record Documents ............................. 6.19. 14.12
Records. procedures for maintaining .................... 2.8
.... 4.4
Reference Points ...................................
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 ............. 7.1-7.3
Ferfonned prior to Shop Drawio&s
and Samples submittals review .................. 6.28
Remedies. cumulative ............................ 17.4. 17.5
Removal or Correction of 13.1 I
Defective Work ....................................
rental agreements. OWNER approval
I 1.4.5.3
required ......................................
replacement of ENGINEER. by OWNER .............. 8.2
Reporting and Resolving Discrepancies .... 2.5.3.3.2.6.14.2
Repons.---
and Drawings .............................. 4.2.1
and Tests. OWNER's responsibility .................. 8.4
Resident Project Representative--
definition of ........................................ 1.33
provision for ......................................... 9.3
Resident Supe~ntendent. CONTRACTOR's ............. 6.2
Responsibilities-.=
CONTRACTOR's-in general .... 6
ENGINEER's-in general .................... 9
Limitations on .......... 9.13
OWNER's-in genend .................................. 8
Retainage ............................................. 14.2
Reuse of Documents ................................... 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ...... 6.25
Review of Applications for Prng~-=4
14.4-14.7
Payments ...................................... 10.2'
Right to an adjustment .........................
Rights of Way .......................................... 4. I
Royalties, Patent Fees and ............................. 6.12
Safe Structural Loading ............................... 6.18
Safety--
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2
genend ......... 6.20-6.23
Representative, CONT~R's ................... 6.21
definition of ........................................ I .: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
Prelimina~ .......................................... 2.6
Scope of Changes .............................. 10.3-10.4
4.2.1.1
Subsurface Conditions ..............................
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
r~lated Work ........................................ 6.28
review procedures ......................... 2.8.6.24-6.28
submittal required ................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ........................ 6.7.3
Shown or Indicated ...................................4.3.1
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. I, 7.2
Structural Loading. Safety ............................. 6.18
Subcontractor--
Concerning ...................................... 6.8-6.1 I
definition of ........................................ 1.37
delays .............................................. 12.3
waiver of rights ..................................... 6.1 I
Subcontractors--in general ........................ 6.8-6.1 I
Subcontracts~required provisions ........ 5. I I, 6. I I, I 1.4.3
Submittals---
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. I
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 Metl~ods or Procedures ....... 6.7,2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR's Expense ....................... 6.7.1.3
F~,h.~IN EER'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
genera] .............................................. 4.2
Limited Reliance by CONTRAC'I~R
Authorized .................................... 4.2.2
Notice of Differing 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
Subsudace Conditions at the Site ................. 4.2.1. I
Technical Data ..................................... 4.2.2
Supervision---
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.$
Supplementary 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 Contra~t 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 .................................... 6.11
Surety--
consent to final payment ..................... 14.12, 14.14
ENGINEER has no duty to ......................... 9.13
Notification of ........................... 10.1, [0.5, 15.2
qualification of ................................... 5. 1-5.3
Survival of Obligations ................................ 6.34
Suspend Work, OWNER May .................. 13.10, 15.1
Suspension of Work and Termioation-~ .................. 15
CONTRACTOR May Stop Work or
15.5
Terminate ........................................
OWNER May Suspend Work ....................... 15.1
OWNER May Terminate 15.2-15.4
Taxes-Payment by CONTRAL'IOR .................... 6.15
Technical Data--
Limited Reliance by CONTRACTOR ............... 4.2.2
Possible Price and Times Adjustments .............. 4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary construction facilities ........................ 4. I
Termination--
by CONTRAL"I~R ................................. 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 o~hers ...................... 13.2
CONTRACTOR's responsibilities .................... 13.$
cost of ........................................... 13.4
covcHng Work prior to: ......................... 3.~- 3.7
Laws and Rngulations (or) .......................... 13.5
Notice of D~fects ................................... 13.1
OWN ER May Stop Work .......................... 13.10
OWNER's independent testing ...................... 13,4
spec~, required by ENGINEER ..................... 9.0
timely notice required ............................... 13.4
Uncovering the Work. at ENGINEER's
request .................................... 13.$-13.9
Times--
Adjusting ............................................6.6
Change of Contract ....................................I ~
Adjusting ............................................17:2
Computation of ..................................... I. 12
Contract Times---defnition of .......................
......... 17.72
Milestones .......... .. 12
Requirements-= 16
clarifications, claims and
disputes ........................ 9.11, 11.2. 12
commencement of contract times ................... 2.3
preconstruction conference ......................... 2.8
schedules ...................... 2.6, 2.9, 6.6
2.4
starting the Work .................................. 14.3
Title, Warranty of .....................................
Uncovering Work ................................ 13.8-13.9
Underhand Facilities, Physical Condition~ 1.41
definition of ........................................
Not Shown or Indicated ............................ 4.3.2
protection of ................................... 4.3.6.20
Shown or Indicated ................................ 4.3.1
Unit Price Work--
claims ............................................I I ·9,3
definition of ........................................ 1·42
general . . .....11.9, 14.1, 14.5
Unit Prices--
general ........................................... 11.3.1
Determination for ................................... 9.10
Use of Premises ........................ 6.16, 6.18. 6.30.2.4
Utility owners ...................... 6.13, 6.20, 7.1-7.3, 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
yajUes. Schedule of ....................... 2.6. 2.8-2.9, 14.1
Variations in Work--Mionr
Authorized ................................ 6.25.6.27.9.5
Visits of Site--by ENGINEER ......................... 9.2
Waiver of Claims-on Final
Payment ........................................... 14'1'~
Waiver of Rights by insured parties ............... 5.1 I. 6.1 I
Wananty and Guarantee. General--by
CONTRACTOR .................................... 6.30
Warranty of Title. CONTRACTOR's ................... 14.3
Work-
................ 13.2
Access to ........................... .7
by others .............................................
· 10
Changes in the ..................... ~ .6.29
Continuing the ...........
CONTRACTOR May Stop Work
or Terminate ................................... 15.5
Coordination of ..................................... 7.~
Cost of the ..................................... I 1.4- I. ,,~
1.43
definition of ........................................
neglected by CONTRAC-IOR ...................... 13.14
other Work .......................................... 7
OWNER May Stop Work .......................... 3. 0 .,~
OWNER May Suspend Work ................. 13.10. 15.1
Related. Work at Site ............................. 7. I-7.3
Starting the ..........................................2.4
Stopping by CONTRACTOR ........................ 1.5.5 ,.4
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized.
... 3.6
minor ........................................ '"~
Work Change Directive~ 10.2
claims pursuant to ..................................
definition of ....................................... 1.44
principal references to .................... 3.5.3, 10..10.2
Written Amendment--
defnition 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
Inteq0retations ........................... 3.6.3, 9.4, 9. I I
Written Notice Required---
by CONTRACTOR ........ 7.1, 9.10-9.1 I, 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 temps have the meanings
indicated which are applicable to both the singular and plund
thereof:
I.I. Addenda--Writtenorgraphicinstrumontsissnedprior
to the opening of Bids which cla~fy, cone, ct or change thc
Bidding Requirements or the Contract Documents.
1.2. Agreement--Tbe 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. Asbe3tos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into thc air above current action levels established by the
United States Occupatiomg Safety and Health Administration.
1.5. Bid--The offer or proposal of the bidder submitted on
the prescribed form setting for~ the prices for the Work to be
1.6. BMding Documents--The advertisement or invitation
to Bid. instroctions to bidders, the Bid form. and the proposed
Contract Documents (including all Addenda issued p~or to
receipt of Bids}.
1.7. Bidding Requirements--The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid fo~n.
1.8. Bonds--Performance and Payment bonds and other
instruments of security.
1.9. Change Order--A document recommended by ENGI-
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. the Bonds. these General Conditions. the
Supplementary Conditions. the Specifications and the Draw-
ings as the same are more specifically identified in the Agree-
merit, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
w6tten interpretations and clarifications issued pursuant to
par-agraphs 3.5.3.6. I. 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
refer~ed to in paragraphs 4.2.1.1 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 thc Contract Documents as stated in the Agreement
(subject to the provisions of paragraph I 1.9.1 in the case of
Unit Price Work).
1.12. Contract Timex--The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and {iii 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 patngraph 14.13.
1.13. CONTRAL']uR--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 Gl~ 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 he furnished and per-
formed by CONTRACTOR and which have been prepaid or
approved by ENGINEER and are refen~d to in the Contract
Dncum~nts. Shop drawings am not Drawings as eo defined.
1.16. Effective Date of the Agreement--The date indicated
in the Agreement 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 siga and
deliver.
1.17. ENGINEER--Theperson, firmorcorporationnamed
as such in the A~'eoment.
1.18. ENGINEER's Consultant--A person, finn or corpo'
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
suhaot 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.
t.20. GenerolRequirements.--Sncti~sofDivisionlof. the
Spacif~cadons.
1.21. Hazardous Wa. rt~The term Hazardons WasteshaJl
have the meaning provided in Section 1004 of ibc Solid Waste
Disposal Act (42 USC Section 6g03) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulntions~Any
and all applicable laws. roles, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies.
authorities and con~s 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 intetmodiate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice of Award~Tho written notice by OWNER 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 Agreement.
1.26. NoticetoProceed--Awfittennoticc~venbyOWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to porfonn CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER~The public body or authority, coqx~rn-
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 part of the Work for the puqx)se for which it is
intended (or a related putgose) prior to Substantial Completion
of all thc 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 degrees Pahrenheit 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_Thetotalconstruc~onofwhichtheWorkto
be prGvided under the Contract Documents may be the whole,
or a pa~ as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material--Source. 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. gamples__Physical examples of materials,equipment,
or workmanship that are representative of some portion of !he
Work and which establish the standmds by which such pornon
of the Work will be judged.
14
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 CON~R to illustrate some portion of
the Work.
1.36. SpecO~cations--Those po~imls 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 ce~ain administrative details
applicable thereto,
1.37. Subcontractor~An individual, firm or corporation
having a dimot contract with CONTRACTOR or with any
other Subcontractor for the poff'on~auce of a part of the Work
at the site.
1.38. Substantial Completion--The Work (or a specified
part thereof) has progressed 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 fi`no such certificate is issued, when the
Work is complete and ready for final payment as evidenced b.y
ENGINEER's written recommendation of final payment m
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. SupplementaryConditions--ThepartoftheContract
Documents which amends or supplements the~e 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 incoq~orated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. UndergroundFacilities~Alll~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: elect~city, gases, steam.
liquid petroleum products, telephone or other communica-
tions, cable television, sewage nmi drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work--Work to be paid for on the basis of
unit prices.
1.43. Work--The entire completed construction or the var-
ious separately identifiable pa~s thereof required to be fur-
nished under the Contract D~cuments. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating rnate~als 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. oodering 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
paragraph 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 incorporated in a subsequently issued Change .
Order following uegot~atioos 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. si~ned by OWNER and CONTRACTOR
on or aRer the Effective Date of the Agreement and normally
dealing with the nonengiueering or nontechnical rather than
strictly construction-related aspects of the Contract Docu-
ments.
ARTICLE 2--PRELIMINARY MA'VI'ERS
2.1. When co~R delivers the executed Agree-
merits to OWNER. co~R shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the SupplamentasT Con-
ditions} of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will he
furnished, upon request, at the cost of reproduction.
Commgncemvnt of Con~a~g Time; N~ to Proceed:
2.3. The Contract Times will commence to run on the thir~-
cth da;' ~ter the Effective ~ of the Agreement. or. ifa Notice
to Iq ,_,c_ _':ed_ is given, on the day indicated in the Notice to
A Notice to Proceed may be given at any time within thirty days
after the Effect!ye Date of the Agreement. In no event will the
Contract Times commence to run later than ~ sixtieth day after
the day of Bid opening ~ the thirtieth day aRer the Elfec~ive Date
of the Agreement. whichever date is earlier.
Starting the Work:
2.4. CONTR/~-'TOR shall start to perform thc Work on the
date when the Contract Times commence to run. but no Work
shall he done at the site prior to the date on which the Contract
Times commence to run.
8efoee $~'~g
2.5. Before uedertaking each ~ of the Work. CON-
TRA~R shall ~lly study ~ com~ the Cont~t
~uments aM ch~k a~ ve~y~ ~i~nt fi~s shown
thegn aM all ap~ioble field ~u~ments. CONTR~-
~R s~l promptly ~ in w~ting to ENGINEER
conflict, e~. ~ity or di~Y which CON~-
~R ~y di~over a~ s~l ob~n a written inter,ration or
cl~i~ fr~ ENGINEER ~ pr~ecding with any
Wo& ~ect~ the~by; however. CON~R s~ll not
liable to OWNER or ENGINEER for f~lu~ to ~n any
conflict, e~r. ~ity or di~ncy in the Contract
uments, unless CON~R knew or r~ly sh~ld
~ve k~wn the~f.
2.6. Within ten ~ya ~er the Eff~tive ~te of the A~ee-
mere (un~sa othe~ s~ifi~ in the Ge~ R~ui~n~).
co~R s~l sub~t to ENGINEER for rev~w:
2.6.1. a p~li~ p~ss ~dule i~ioti~
times (num~ of days or ~tes) for s~ing
the v~s s~es of t~ W~. includi~ any Milesto~s
s~cifi~ in the Cont~t ~u~nts;
2.6.2. a p~li~ ~uie ofS~ Dmwi~ ~d
pie submit~s which will list ~h ~ui~ su~it~ ~d the
ti~s for sub~tti~. ~viewi~ ~ p~essi~ such su~t-
2.6.3. a p~li~n~ ~dule of v~s for all of the
Wo~ which will i~lude quarries and pdces of items
~i~ ~ Comet ~ ~ will suMiv~e the
into c~nt ~s in su~iont ~1 to ~e ~ the ~is
For p~ss ~y~ts du~ ~n~tmc~on. Such p~ will
i~lu~ ~ n~te ~ount of ove~ a~ profit a~li-
~le to ~h item of Wo~.
2.7. Before any Wink at the site is s~ned. Co~R
~d OWNER sh~l ~ deliver to the othec with cop~s to
~h ~di~°~ insur~ identi~ in t~ Sup~e~n~ C~i-
tions. ~tes of insu~ (~ o~r ev~e~e of insu~ce
wh~h eit~r oft~m or ~y ~dit~ insu~ ~y re~bly
tuques0 w~ch CONT~R ~ OWNER res~tively
~qui~ to pu~ a~ ~n~n in ~co~e with
~phs 5.4. 5.6 a~ 5.7.
Pr~con.vtrut~on Conference:
2.8. Within twenty days after the Contract Times sta~ to
mn. but before any Work at the site is started, a conference
attended by CONTRAL.'IOR. ENGINEER and others as ap-
propriate will be hem to establish a working understanding
among the pa~ies as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, prncessing Applications for
Payment and maintaining required records.
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Apldica-
lion 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 EER responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CON~R's full responsibility therefor. CONTRAL'IOR's
schedule of Shop Drawing and Sample submissions will he
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will he acceptable to
ENGINEER as to form and substance.
ARTICLE )-,-CONTRAC'I' 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. Thc
Contract Documents will be construed in accordance with the
law of the place of the Pro, ecl.
3.2. It is the intent of the Contract Documents to descHbe
a functionally complete Project {or pa~ thereo0 to he con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Comract 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
technicm 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. Clarifi-
cations and interpretations of the Contract Documents shall be "~
issued by ENGINEER as provided in paragraph 9.4. .
16
3.3. ReJ'ereace/a $/amfar~ and S~eci~az~as a]' T~A~
3.3.1. Refe~nce to s~s. s~ciR~tions, manuals or
c~es of any technical ~;Y. o~i~tion or as~iation.
or to the ~ or Re~t~ns of any govem~ntal autho~ty,
whet~r such mfe~nce ~ s~i~ or by imph~t~n, s~ll
~n t~ latest s~. s~ifi~ti~, manuM, c~e or
~ws ~ Re.latins in eff~t at tbe time of o~ning of Bids
(or. on the E~tive ~le of the A~nt if t~ were no
Bids), except as may ~ othe~ s~iR~lly s~t~ in the
Contel ~uments.
3.3.2, If. during the ~ff~ce of thc Wo~, CON-
T~'~OR di~ove~ any conflict, e~r. ambiguity or dis-
c~y ~thio t~ C~t~ct ~u~nts or ~tw~n the
Contel ~uments n~ any pmvis~n of any such ~w or
Radiation a~l~le to t~ ~e o[ tbe W~ or of
any such sta~a~, s~cifi~t~n, manual or c~c ~ of any
inst~ct~n of any Surlier reread to in pa~ 6.5.
CONTR~R shall ~n it to ENGINEER in w~ting at
on~. and. Co~R s~l n~ pr~ with t~ Work
~t~ t~reby (except in an e~Y as aut~z~ by
~ 6.23) until an ~nt or supple~nt to the
Contact ~umen~ h~ ~n iss~ by one of t~ meth~s
indi~t~ in ~ 3.5 or 3.6; pmv~, ~wever. that
CO~R~R shall not ~ liab~ to OWNER or ENGI-
NEER for f~tu~ to ~ any such conflict, e~, ambigu-
ity or discre~cy unless Co~R knew or r~mn-
ably sh~ld have k~ tbe~.
3.3.3. Ex~ ~ ot~ s~ifi~ly s~t~ in the
Contact ~uments or as ~y ~ pmvid~ by ~ment
or su~ment t~td iss~ by one of t~ ~t~s i~i-
~t~ in p~ 3.5 ~ 3.6, t~ pmvis~ns oft~ Contel
~u~nts s~ll rake p~de~e in ~ving any craftier,
e~r, ~ity or dismay ~n the pmvis~ns of
t~ C~t~t ~u~n~ a~:
3.3.3.1. the pmvis~ns ~any such s~. s~i-
~ti~. man~. c~e ~ instmcti~ (whet~r or not
s~cifi~ly in~t~ by ~femn~ in the Contel
~u~nts): or
3,3.3.2. t~ provisions of ~y such ~ws or R~-
lat~ appli~ble to t~ ~ffo~e ~ the Wo~
(unless s~h an inte~ ~ t~ provisions of t~
Contel ~ w~ld ~sult in vio~ion of such
~w or R~lat~n).
No provision of any such s~. s~cifi~t~n, manual,
c~e or inst~ct~n sh~l ~ effective to ch~ge t~ duties a~
~s~nsi~litles ofO~ER,CO~'IOR ~ ENGINEER.
or any of t~ir su~ont~t~, consul~ts, ~ents, or em-
ploynes from tho~ ~t fo~h in the Contact ~uments. nor
sh~l it ~ eff~tive to ~si~ to OWNER. ENGINEER or
any of ENGINEER's Consul~ts, ~nts or employees any
duty or autho~ty to su~i~ or direct t~ fu~ishing or
perfonnauce 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 Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered," "as directed," "as required," "as allowed." "as
approved" er 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 thc 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.
Amem~ag and S~m~m/a~ Cemma' Decmn~ms:
3.5. The Contract Document~ 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 the 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. IL
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations 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 Drswiog or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clar{fica-
tion (pursuant to paragraph 9.4).
Reu~ of Document:
3.7. CONTILaa-CTOR. and any Subcontractor or Supplier
or other person or organization performing or furoishiog any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
of the Drawings. SpeciBcadons or other documents (or copies
of any thereof) prepared by or beating thc sea{ 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 spectre written
verification or adaption by ENGINEER.
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4. I. 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 are designated for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall fureish CON-
TRACTOR 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 oc restrictions not of general
application bet speci~ally related to use of lands so furoishnd
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be ob,,,ined and paid for by
OWNER. unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER a~e unable to ague 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 easements.
CONTRACTOR may make a c~m therefor az provided in
A~licles II and 12. CONTRACTOR shah provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. SuY~ar~e nad pkysical Comtigmu:
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. SubsuffaceConditior~:Thosoreportsofexplo'
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Condition$: Those drawings of physical
conditions in or relating to existing surface ot subsurface
structures at or contiguous to the site (except Underground
Facilities} that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
4.2.2. Limited Reliance by CONTi~ACTOR Authorized;
Technical Dam: CONTRAL-IUR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reix)rts and drawings are not Contract
Documents. Such "technical data" is idend~-,d in the Supple-
ment,~'y Conditions. Excep~ for such reliance on such "tech-
nical d ;ts." C'qNTR3CTOR may no~ rely upon or make any
claim a?inst OWNER. ENGINEER or any of' ENGINEER's
Consul[ants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not limited
to. any aspecu of the means, methods, techniques, se-
quences and procedures of construction to be employed by
CONT~R and saJ'ety precautions and programs inci-
dent thereto, or
4.2.2.2. other data. interpretations, opinions and infor-
mation cootaJned in such repons or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu'
sion drawn from any "technlcai data" or any such data.
interprotations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physicaJ condition at or comiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
4.2.3.2. is of such a nature as to require a change in the
4.2.3.3. difl~ers materially 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 recog-
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 distu~ing conditions a~ected 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 distuYo such conditions or perfO~Tn any
Work in connection therewith (except as ai'oresaid) 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
CONTR.~"'TOR) of ENGINEER's findings and conclusions.
4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Conlract Documents is
required as a result of a condition that meets one or more of the
cateEories in paragraph 4.2.3.. a Wo~ Change Directive or a
Change Order will be issued as provided in Article l0 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equilable
adjustment in the Contract Price or in the Contract Times. or
both. will he allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRAL-IOR's cost of. or time required for
performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3. I 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 Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the 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
coonnitmont to OWNER in respect of Contract l~ce 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 rea-
sonably have been discovered or revealed as a result of
any examination, investigation, expioraUon, test or study
of the site and conti~uous area~ required by the Bidding
Requirements or Contract Documents to be conducted by
or for cONTRACTOR prior to cONTRAL-IOR's melting
such final commitment; or
4.2.6.4.3. CONTI~R failed to ~ive the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRAL'IOR ate unable to agree 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 he made therefor as provided in Articles I I and 12.
However. OWNER. ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONT~R for any claims,
costs, losses or damages sustained by CONTR. AL-IOR on or in
connection with any other project or anticipated project.
4.3. Physical Colsdi~sn$-..U~el'~ro~ld Fatilif~s:
4.3.1. Shown or Indicated: The infomeLion and data shown
or indicated in the Contract Documents with respect m exisdn8
Undcrs~-,~nd Facilidcs at or contiguous to the site is based on
18
information and data furnished to OWNER of ENGINEER by
thc owners of such Underground Facilities or by others. U aless it
is otherwise expressly provided in the Sup~dcmentasy Conditions:
4.3.I.I. OWNER and ENGINEER shall not be respon-
sible for thc accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will bs included in
the Contract Price and CONTRACTOR shall have full respon-
sibility fuc. (i) reviewing and checldng ail such information and
~ta~ (ii) locating all Uedet~'ound Facilities shown or indicated
in the Conuact Documenu, (iii) coordinaron of the Wofk with
thc owners of such Underground Pacilille~ during construction,
and (iv) the safety and pro~ection of ail such Underground
Fucilides as provided in par~ 6.20 and repairing any
datnnge thereto resulting from the Wo~.
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 disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility 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 the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall he respon-
sible for the safety and protection of such Underg~'ound Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the.
Contract Times, or both, to the extent that they ate attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to ngme on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times. co~R may make
a claim therefor a~ provided in Articles II 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.
Reference Po~t:
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' 'h~ 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 written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires 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. A. flnst~, PCB~, pelteleum, Hasatdens Waste or Radio'
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs. Petroleum, Hazardous Waste of Radioactive Materi',d
uncovered or revealed at the site which was not shown or
indL,~__!_,~_ in Drawin&s of Specificatkms or identified in the
Contrsct Document~ to be within the scope of the Work and
which may present a substantial danger to persons of property
exposed thereto in connection with the Work at the site.
OWNER shall not he responsible for any such materials
brought to the site by CONTRACI'OR, Subcontractor. Suppli-
ers of anyone else for whom CO~R is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such ha7nrdous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and 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 COtTective action.
if any. CONTRAL'IOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until aRer OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected acea is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot ngree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is ngrend by CON-
TRACIOR to be resumed, either party may make a claim
therefor as provided in Articles I I and 12.
4.5.3. If aRer receipt of such special written notice
CONTRACTOR does not agree to resume such Wofk baaed
on are. asonabie belief it is unsafe, or does not ague to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such I~,nnlous condition or in such af-
Yected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agone as to entitlement to or the
amount or extent of an adjustment, if any. in Contract Price
or Contract Time~ts 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 potion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR. Subcontractors. ENGINEER. ENGINEER',
Consultants and the ot~cers, directors, employees, agents,
other consultants and suheofltractocs of each and any of
them from and against all claims, costs, losses and damages
·rising out of or resulting from such hazardous condition,
provided that: Ii) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destroctlon 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
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragrnphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs0 Petroleum, Hasan:lous
Waste or Radioactive Material uncovered or revealed at the
site,
companies that are dui) licensed or authorized in the juris-
dictiou in which the Project is located to issue Bonds or
insurance policies for tt~ 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, CONTRAL,-iuR shall deliver to OWNER. with
co~ies to each additional insured idcntihed in the Supple-
mentary Conditions, certif~:ates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in acounJance with paragraph 5.4. 'q
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplemeotary
Conditions, certificates of insurance (and other evidence of ..~
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
ARTICLE 5---BONDS AND.INSURANCE
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to thc Contract
Price as security for the faithful performance and payment of
ail cO~R's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year a~er the date wbee final payment becomes due, except as
provided otherwise by Laws or Regulations or by thc Contract
Documents. CONTRACTOR shall also 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 shall be executed by such sureties as are mimed 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 Ooveroment Financial Opera-
tions. U.S. Treasury Dopa~msnt. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furoisbed by CONTRAC-
TOR is declared a bankrupt 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 thc requirements of
paragrnph 5. I, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER,
5.3. I.,[~e~.ved Sm'eries end Insurer~; Cer~s of Insurance:
5.3.1. ~11 Bonds and insurance requital by the Contract
Documents to he purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
CON'rRACrO,~'~ ~ Imema~:
$.4. CONTRACTOR shall purchase and maintain such ~
liability and other insurance as is approp~ate 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 CON~R's performance and furnishing of the ~
Work and CONTRACTOR's other obligations under thc Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone ~
directly or iedirectly employed by any of them to perform or
furnish any of the Work, or by anyone 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, nc-
cupatiomd sickness or disease, or death of CONTRAC-
TOR's employees;
5,4.3. claims for damages beck-se of bodily injury, sick'
ness or disease, or death of any person other than CON-
TRACTOR's employees; ""q
5,4.4. claims for damagos insured by customary personal
injury liability covera&e which are sustained: Ii) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person {'or any other reason:
5.4.5. claims for damages, other than to the Work itself,
because of injury to or' destruction of tangible property
wherever located, including loss of use resulting therefrom:
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of thc
ownership, ma/ntenance or use of any motor vehicle.
20 ~
The policies of insurance so required by this pat'agmph 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 insumds
(subject m any customasY exclusion in respect of profes-
sional liability) OWNER. ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplcmontacy Conditions. all of whom shall be listed as
additional insureds, and include coverage for the respective
ol~cers and employees of all such additional insureds;
5.4.8. include the specific covcragns and be written for
not less than the limits of liability provided in the Supple-
mcntary Conditions or required by Laws or Regulations,
whichcver is g~eater;
5.4.9. include completed operations insurance:
5.4.10. include contraotual 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 that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and cO~R and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furoished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereat, er when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two yea~ after final payment
(and CONTR,AL-'IOR shall furnish OWNER and each other
additional insured identified in the Suppiement,~ry Condi-
tions to whom a certificate of insurance hns been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at fitud payment
and one year tbemaJter).
OWNER's L~ Inset:
5.5. In addition to the insurance requivext to be pmvidnd by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purcha.~ and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
~inst claims which may arise from operations under the
Contract Documents.
Property Insarence:
5.6. Unless otherwise provided in the Supplementary Con-
ditions. OWNER shall purchase and maJnt~n property insur-
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
a.s may be provided in the Supplementary Conditions or
required by Laws and Regulations}. This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's Con-
suitaots 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 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 shall at least
include insurance for physical loss or damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire. lightning,
extended corette, theR, vand~ism and malicious mischief,
ea.nhquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations. water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. iuclude expenses incuned in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects};
5.6.4. cover materials and equipmem stored at the site or
at another location that was agreed to in writing by OWNER
prior lo being incoq~oratad in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otberw~se a~eed to in writing by OWNER, CON-
TRACI~R 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 maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcootractors, 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 as an insured or
additional insured.
5.8, All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRAL'IuR and to each other
additiomd insured to whom a certifw, ate of insurance has been
issued and will contain w~iver provisions in accordance ,with
paragraph 5.1 I.
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 are identified in the
Supplementary Conditions. The risk of loss within such idea-
tiffed deductible amount, will be boroe by CONTRACTOR.
Subcontractor or others suffering any such loss and if 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 CONTRAC'I~R requests in writing that other
special insurance be included in the property insurance policies
provided under ~hs 5.6 or 5.7. OWNER shall if possi-
bie, include such insurance, and the cost thereof will be
charged to co~R by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRAL.-IOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver ef Righ~:
5.11.1. OWNER and CONTR,a, CIOR 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 Supplemcntm'y Conditions to
be listed as insure, ds or additional insureds in such policies
and will provide primary coverage for all losses and damages
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 against any of the insureds or additional insureds
thereunder. OWNER and CONTR.~C'IOR waive all rights
against each other and their respective GrOcers. directors,
employees and agents for all losses and damages caused by.
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights n~iost
Subcontractors. ENGINEER, ENGINEER's Consul~aots
and ail other parsons or entities identified in the Supplemen-
~ Ccmditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waiver~ shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives ail rights ~L~inst
CONTILACTOR. 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-
icad 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 dama~ to the completed Project or
pa~ thereof caused by. arising out of or resulting from fire
or other insu~d peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to para.apb
14.10, al~er substantial completion pursuant to paragraph
14.8 or after §nat payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss. damage or consequent;al loss referred 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 =~inst any of CON-
TRACTOR, Subcontractors, ENGINEER. ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Recetp~ and App~cafion nf hlsorance Proceeds
22
5.12. Any insured loss under the policies of insurance
required by parag~s 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for thc "~
insureds, as their interests may appear, subject to the require-
ments of any applicable mor~age clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
meat ns the panics 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
Change Order or Written Amendment.
5.13. OWNER ns fiduciary shall have power to adjust and .=~
settle any loss with the insurers unless one of the parties in
interest shah object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be mede. OWNER as fiduciary shall make settlement "~
with the insurers in accordance with such a~-emeot ns the
pa~ties in interest may reach, if no such n~eement among the
parties in interest is reached, OWNER ns fiduciary shall adjust
and settle the loss with the insurers and. if requital in writing J
by any party in interest, OWNER as fiduciary shall ~Jve bond
for the proper performance of such duties.
Accepmace o/ Bond~ ami Ins~mace; Op~on to
5.14. If either Party (OWNER or CONTRACI~OR) has any
objection to the coverage afforded by or other provisions of the
BOndS or insurance required to be purchased and main'~inod
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents. the objecting
party shaJl so notify the other party in writing within ten days
a~er receipt of the certificates (or other evidence requested)
required by pumgraph 2.7. OWNER and CONTPJ~' IOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain ail of the Bonds and
insurance required of such party by the Contract Documents.
such party shall notify the other party in writing of such failure
to purchase prior to the sbxrt of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
~.15. If OWNER finds it necessary to occupy or use a
portion or portions of the 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 or.
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 po~icios, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such pa~ial use or occupancy.
ARTICLE 6--CONTRAC"I~R'S RESPONSIBILITIES
6.1. CONTRACTOR shall supervise, iuspect and direct tbe
Work competently and et~ciently, 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 shah be solely responsible
· for the means, methods, techniques, sequences and procedures
of constroctio~, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRAC'TOR shall he
responsible to see that the completed Week complies accu-
rately with the Contract Documents.
6.2. CONTRAL:IOR shall keep on the Work at all times
du6ng its progross a competent resident superintendent, who
shaJI not be replaced without written notice to OWNER and
ENGINEER except under extraordinary ciroumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to corR.
6.3. CONTRACTOR shall provide competent, suitably qual'
ified personnel to survey, lay out and constn~ct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain 8God discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
ti'. Work or property at thc site or adjacent thereto, and except
as otherwise indicated in the Contract Documents. all Work at
the site shall be porformed during regular working hours and
CONTRAC'IUR will not permit ove~ime work or the perfor-
mance of Work on Saturday. Sunday or any lepi holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel.
power, light, hcaL telephone, water, sanitary fa~ilitics, tempo-
rary facilities and all other facilities and incidentals necessary'
for the furoishing, performance, testing, start-up and comple-
tion of the Work.
6..5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWN ER.
If required by ENGINEER, CONTRAC'fOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality 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
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9} pro-
posed adjustments in the progross schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will co~orm generally to the progress schedule then
in effect and additionally will comply with any provisions of
the Genend Requirements applicable thereto.
6.6.2. Proposed adjustments in the pro~ss schedule
that will change the Contr..ct Times (or Milestones) shall be
submitted in accordance with the requirements of par'agd-~ph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6,7. $~__',.,*,.g ~md "Or~ea/" Item.v:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or-equal" item or no
substitution is pen~itted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumst~oces:
~3
6.7.1.1. "Or-Equal": If in ENGINEER's sole discre-
tion an item of material or equipment prolxned by CON-
TRAC'iOR is functionally equal 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-equal" 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 Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does 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 information 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 the 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 the
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 application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion 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
incoqx)ration or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All vagarious of the proposed substitute from that
specihed will be idc'~tif~.d in the application and available
maintenance, repair and replacement service will be iodi-
cared. 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 be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRACTOR's F..xpen~e: All data to he
provided by CONTRACTOR in support of any proposed
"or-equal" or substitute item will be at CONTRACTOR's
expense.
6.7.2. Substitute Construction Methods or Procedures: Ifa
specific means, method, technique, sequence or procedure of
construction ~s shown or indicated in and expressly required by
the Contract Documents. CONTRACTOR may furoish or
utilize a substitufe means, method, technique, sequence or __
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sote discretion, to determine that the
substitute proposed ~s equivalent to that expressly called for by '
the Contract Documents. The procedure for review by ENGI-
N EER will be sindlar to that provided in subpan~g~"aph 6.7. 1.2. ""'
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluste each proposal or
submittal made pursuant to parag~s 6.7.1.2 and 6,7.2.
ENGINEER will be the sole judge of acceptability. No "or-
equal" or substitute will be ordercd, 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. equaF' or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWN ER 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 charges of ENGINEER and ENGINEER*s
Consultants for evaluating each such proposed substitute item.
Co~mdng Sd~omrocmn, SappiA, n gad
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other perso~ or organization (including .
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2). whether initially or as a substitute. """
~irlst whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor. Supplier or other person or
organization to furoish or perform any of the Work against '-'
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden- ..
tity of certain Subcontractors, Suppliers or other pe~ons or
organizations (indoding those who are to fumish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWN ER
and ENGINEER, and if CONTRACTOR has subrnittnd a
list thereof in accordance with the Suppiernen~u-y Condi-
tions. OWNER's or ENGINEER's acceptance (either in
wdting 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 person 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 appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject deflective Work.
6.9,1. CONTR.~CTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
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 bcneft 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 performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Won~ to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of thc Speeifcations and
the identifications of any Drawings shall not control CON-
TRACTOR in dividin8 the Work amon8 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 he pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcootractor or Supplier
to the applicable temls and conditions of thc Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Suppler who is
listed as an additional insured on the property insurance
provided in para&ceph 5.6 or 5,7. the a&raement between the
CONTRACTOR and the Subconlractor or Supplier will con-
rain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR. ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by. arising out of or resulting
from any of the perils covered by such policies and any other
proper~y insurance applicable to the Work. If the insurors on
any such policies requiro separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
Palm Fees and Ro)a~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 incorporation in the Work of any invention.
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in thc Contract
Documents. To the fullest extent pem~itted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER. ENGINEER. ENGINEER's Consultams 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 1he use in
the performance of the Work or resulting from thc incorpora-
tion in the Work of any inventioo, design, process, product or
device not specified in the Contract Documents.
6.13. Unless otherwise provided in the Supplemenlary
Conditions. CONTRACTOR shall ob~in and pay for all con-
straction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such pen~its and
licenses. CONTRACIOR shall pay all governmental 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 on Bids, on the Effective Date of the Agreement. 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.
Laws and
6.14.1. CONTRACTOR shall ~ive all notices and comply
with all Laws and Regulations applicable to furoishin8 and
performance oftbe Work. Except where otherwise expressly
required by applicable Laws and Regulations. neither OWN ER
nor ENGINEER shall he responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regnlations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations. CONTRACTOR shall bear all claims, costs,
losses and damages caused by. arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's Pri'
mary rcsponsibility to make certain that the Specifcations
and Drawings are in accordance with Laws and Regulalions.
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obli~alions under paraeraph 3.3.2.
6.15. CONTRACTOR shall pay ail sales, consumer, use
and other similar laxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
the project which are apl~icable during the performance of the the Work, tbese record ducuments, S,tmples and Shop D~w-
Work. ings will be delivered to ENGINEER for OWNER.
6.16. CONTRAL-IUR shall con,ne construction equip-
ment, the stor~e of materi~s and equipment and the opera-
tions of workers to the site and land and ~ens identified in and
permittnd by the Contract Documents and other land and areas
permitted by I..~ws and Regulations, Hghts-of-w~y, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTR.4z. CTOR shall assume full responsibility for any dam-
age to any such land or area, or to the o~ner or occupant
thereof or of any adjacent land or ar~s, resulting from the
performance of the Work. Should any claim he made by any
such owner or occupant because of the performance of the
Work, CONTRACIOR 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-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER, ENGINEER's Consultant and anyone direcdy or
indirectly employed by any of them from and =~;qst all claims,
costs, losses and damages arising out of or resulting from any
claim or action, le~d or equitable, brought by any such owner
or occupent ~,~;,tst OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. l:)u~ng the progress of the Work, CONTRACTOR
shall keep the premises free from uccumulat~ons of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
w~ste materials, rubbish and debris from and about the pre-
raises as well as all 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. CONTRAL-IuR shall
restore to original condition all property not designated for
alter~lion by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that Will endanger the
structure, nor shall CONTRACTOR sub, ecl any p~t of the
Work or adjacent property to stressns or p~'essures that will
endanger it.
6.19. CONTRAC~IOR shall maintain in a safe place at the
site one record copy of-Il Drawings, Specifications, Addenda.
Written Amendments, Change Orders. Work Change Direc-
tives. Field Orders and written interpretations and cladfica-
lions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a conntetlxu't of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
6.20. CONTRAL'-'TOR shall be responsible for initiating.
nmintaialng ;md supervising all safety precautions and pro-
~nms in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incoqx)rated therein, whether in storage on or oil the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Undeqv~,dnd Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public Ixxly having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protnc6o~. CONTRAC'fOR shall notify own-
ers of adjacent property and of Unde,~o~nd Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their prupe~ly. All dam~e,
injury or loss to any property refen=d to in par~ 6.20.2 or
6.20.3 caused, directly or indirncfly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or or~nization 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, shall be remedied by
CONTRACTOR {excep~ dama~ or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER m' ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributal~e, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRAL'IUR or any Subcontractor, Supplier or other per-
son or or~niz~ion directly or indirectly employed by any of
them). CO~R's duties m~l responsibilities for safety
and fo~' protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in _~cc_nrdance with para-
gn~h 14.13 that the Work is ~ (except ~ othenvise
expr'-~-=sly provided in connection with Substantial Comple-
tion).
6.21. CONTRAc-IuR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
26
responsibilities shall be the prevention of acciden~ and the
mainl~Jnin8 and supervising of safety precautions and pre-
g, ra~s.
Hay..a~ Commaai~tioa pragmau:
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material s~ety 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 emergencies affecting the saC'ely or protection of
persons or the Work or property at the site or adjacent
thereto. CONTIbea-CTOR. 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
CONTR,a~"'TOR 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 Change Directive or Change Order will be issued to
document the consequences of such action.
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see parag~ 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the Geuend Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified perfon~ance and design criteria.
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes raquirad by pnn~raph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted 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 othenvise 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.
6.7~. Subns~aal Procedure::
6.25.1. Before submitting each Shop Drawing or Sam-
ple. CONTRACTOR shall have deten~ined and verified:
6.25.1.1. all field measurements, quantities, dimen-
sions, specified pe~ocmano: criteria, installation require-
ments, mate~als, 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
installatio~ pertaining to the performance of the Work. and
6.25.1.2. all information relative to CONTIL~'q~R' 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 s~mp or specific
written indication that CONTRAL-'FOR has satisfied CON-
TKAuIOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the 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 he in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to he made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop D~wings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submitlals accepted by ENGINEER as re-
quired by par~ 2.9. ENGINEER's review and approval
will be only to determine iftbe items covered by the submittals
will, after installation or incorporation in thc Work. conform to
the infonnmion given in the Contract Documents and be
compatible with the design concept oftbe completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means.
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of cons~uction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval ora separate item as such will not indicate approval of
thc assembly in which the item functions. CONTRACTOR
shall make con'ections required by ENGINEER, and shall
return the required number of CO~TeCted copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTIL~L-"I~R shall direct specific attention in
writing to revisions other than the conections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any vacation from the requirements of the Contracl
Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as requk~d 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 the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with th':. requiramenis 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 aceepted 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 CONTR.
ComtmCmg the Weet:
6.29. CONTRACTOR shall catty on the Work and adhere
to the pro~ss schedule during ail disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreemenls, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRAC'I~R'$ Genend Wanuaty nad Guam~ee:
6.30.1. CONTRACTOR wan'ants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all 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, mndification or improper maintenance
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. CONTRACTOR's obligation io perform and com-
plete the Work in accordance with the Contract Doctiments
shall be absolute. None of the following will constitute an
ac~ce 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-
TOR ur.~.er the Contract Documents;
6.30.2.5. any accep~mce by OWN ER 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.
6.30.2.7. any inspection, test or approval by others: or
6.30.2.8. anycorrectionofdefectiveWorkbyOWNER.
Indemnification:
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
offcers, directors, employees, agents and other consultants of
each and any of them from and aguinst ail claims, costs, losses
and damages (including but not limited to all fees and charges
of angineers, architects, attorneys and other professionals and
all court or a~itration or other dispute resolution costs) caused
by. arising out of or resulting from the performance of the
Work, provided that any such claim, cost. loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or io
injury to or destruction of tangible property {other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in ~ by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier.
any person or organization directly or indi~cily employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regm'dless of whether
or not caused in part by any negligence or omission of a parson
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGi-
NEER or any of their respective consolUmts, a&ents, officers.
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRAC'fOR,
any Subcontractor. any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any oftbe Work, or anyone for whose acts any of them
may be liable, the indemnification oblisation under pat-a~aph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CON~-~bR or any such Subcontractor. Supplier
or other parson or organization under workers' compensation
acts. disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paraaraph 6.31 shall not extend to the liability of ENO I-
NEER and ENGINEER's Consultants, officers, dirnctors.
employees or agents caused by the professional negligence.
errors or omissions of any of them.
Survival of Obliga~ons:
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance wilh
28
the Contract Documents, as well ns ail condnuing obligations
indicted in the Conu~ct Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7--.OTHER WORK
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, 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 other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACI~R
prior to stsrting 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 expanse 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 party 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 be 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 affected. The duties and responsibilities
of'CONTRACTOR under this I~ragraph are for the benefit ot~
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that reader it
unavailable or unsuitable for the proper execution and results
of CONTRAC'I~R's Work. CONTRACTOR'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 nonapparent defects and deficiencies in such other
work.
7.4. If OWNER contracts with others for the perfommnce
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, finn or corporation who will have
authority and resix~nsibility for coordination of the activities
among the various prime contractors will be identified:
7.4.2. the spaci6c matters to be covered by such author-
ity and responsibility will be itemiznd; and
?.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 conrdinadon.
ARTICLE ~-OWNER'S RESPONSIBILITIES
8.1. Except as otberwise provided in these Genersl Condi'
lions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of tenninalion of the employment of ENGI-
NEER, OWNER shall a~soint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Coulx'act Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in p~agraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
emece points are set forth in paragraphs 4. I and 4.4. Parag~ph
4.2 mt'ers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explmations and tns~ of
subsurface couditions at the site and drawings of physical
conditions in existing structures at or contiguous 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 am set forth in
paragraphs 5.5 thmugh 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in par~ 10.4.
8.7. OWNER's responsibility in respect ofcer'~n inspec-
tions, tests and approvals is set forth in pa~ t3.4.
8.8. In conneCtion with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 end 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TR.&C'TOR under certain circumstances.
8,9. The OWNER shall not supervise, direct or have
control or nuthodty over, nor be responsible for. CON'TRAC-
TOWs means, methods, techniques, sequences or procedures
of construction or the sM'ct y precau~ons and prng~ams iuck~ot
thereto, or for any failure of CONTRAL-IuR to comply with
Laws and Regulations applicable to the furnishing or perfm'-
manc¢ of the Work. OWNER will not be responsible for
CONTRAL'iuR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER*S responsibility in respoct of undisclosed
Asbestos, PCBs, Petroleum, H,.-~rdoos Waste or Radioactive
Materials uncovered of revealed at the site is set forth in
p~ragraph 4.5.
8.1 I. If and to the extent OWNER has n~reed to furnish
CONTRACTOR reasonable evidence that llnancial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be az set furth in the Supplementary Conditions.
ARTICLE 9--ENGINEER'S STATUS DURING
CONb-IKUCTION
OWNER's
9.1. ENGINEER will be OWNER*s represontatlve during
the constngriml period. The duties and reslxmsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
V iz~z go Sa,,:
9.2. ENGINEER will make visits to the site at intervaJs
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to ob~rve as an experienced
and quelified design professional the prng~eas that has been
made and the quaJity of the various a.%oects of CO~-
TOWs executed Work. Based on iofo~mation obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive 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 greater degree of confidence that the completed
Work will conform generaJly to the Contract Documents. On
the basis of such visits and on-sde observations, ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER a~oaiqst defective Work. EN-
GIN EER's visits and on-site observations ace subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation.
during or ~c a result of ENGINEER's on-site visits or
observations of CON~R's Work ENGINEER will not
supervise, direct, camrol or have authority over or be respon-
Sible for CONTRAL-toR's means, methods, techniques, se-
queuces or precedu~ of consU'uction, or the safety prucau-
tio~s and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
c~He 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 mom 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 para,apb 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
n~ent to represent OWNER at the site who is not ENGI-
NEER's Consultant, a~ont or employee, the responsibilities
and authority and limit,~ioos thereon of such other person will
be as provided in the Supplementary Conditions.
9.4. ENGINEER will issue with reasonable promptness
such written clarifieations or inte~retations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine nucessav/, which
shall be consistent with the intent of and reasonably inferable
from Contract Document. Such writlon clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretetion justifies an adjustment in the
Contract Price or the Contract Times and the parties am unable
to agree to the nmount or extent thereof, if any, OWNER or
CO~R may make a written claim therefor as pro-
vided in Article I I or Article 12.
Amkoel~d Vm~ksa~en~ ~ Weds:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contrm:t Price or the
Contract Times and are compatible with the design concept of
the completed Pmjuct as a functioning whole as indicated by
the Cootract Documents, These may be accomplished by a
Field Order and will be binding on OWNER and also on
CON~R who shall perform the Work involved promptly.
If OWNER or CONTIU~'IUR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the pa~ies are unable to a&,ee as to the amount or
extent thereof. OWNER or CO~R may make a
written claim theref~ as provided in Article I I or 12.
Rejecting Defeai~e Wor~:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER helieves to be defective, or
that ENGI N EER believes will not produce a completed Project
thai conforms to thc 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 Document>
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 Ordvt~ 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 Orders, see Articles I0. II. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
L~termlnatlons for K/nil Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
'FOR. 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 be final and binding upon OWNER and
CONTRACTOR. unless, within ten days after 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: ti} 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 CONTR.AC'I~R 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 CONTRAC1~R. Such appeal will not be subject
to the procedures of paragraph 9.1 I.
Decisions on Disputes:
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 performan~:e 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' LilNEER 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 be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly.
(but in no event later than thirty days) after the starl of the
occurrence or event giving rise thereto, and written suppomng
data will be submitted to ENGINEER and the other part.'.'
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submiss!~n 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 receipl of the claimant's last submittal tunles~,
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing pa~y'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 OWNER
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 Ag~ement." entered into between OWNER and CON-
TRACTOR pursuant to Article 16. or (ii) if no such Dispule
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 tn
a forum of competent ju6sdiction 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 be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER 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. /,j.'-;~.~,,~s on ENGINEER's Aadm~y and
9.13.1. Neither ENGINEER's authority or responsibil-
dy 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 authority.
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
creaIe, impose or give rise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor. any Supplier. an.'.
other person or organization, or to any surety for or em-
ployee or agent of any of them.
9.13.Z. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOWs means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRAC'fOR
to comply with Laws 'and Regulations applicable to the
furnishing or performance of the Work. ENGIN ERR will not
he responsible for CONTRACTOR's failure to perform or
furuish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not he responsible for the acts
or omissions of CONTRACTOR 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-
nance and operating instructions, schedules, guarantees.
bonds and certi§cates 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 the
results certified indicate compliance with, the Contract Doc-
uments,
9.13.5, The limitations upon authority and responsibility
set forth in this paragraph 9,13 shall also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assisUmts.
10.4. OWNER and CONTRACTOR shall execute appro-
Priate Change Order~ recommended by ENGINEER (or Writ-
ten Amendments} r,?vering:
10.4.1. changes m the Work which are ti) ordered by
OWNER pursuant to para~ph 10. I. (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defec'#~'e 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 panics; 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 paragraph 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 paragraph 6.29.
10.5. If notice of any change affecting the gcneral scope of
the Work or the provisions of the Contract Documents (includ-
ing. but not limited to. Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety.
the giving of any such notice will be CONTRACTOR's respon-
sibility, and the amount of each applicable Bond will he
adjusted accordingly.
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 any 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 CONTRAL,-IuR are unable lo 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 he 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 parformnd 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
entergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
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 nnd obligulions assigned to or undertaken by CONTRACTOR
shall he at CONTRACTOR'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 of the 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 he delivered
within sixty days after the start of such occurrence or event
{unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall he accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence 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 CONTR.ACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Pace will
32
be valid if not submitted in accordance with this pa~graph
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 coutained 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}:
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents. by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph I 1.3.2, on thc
basis of thc Cost of thc Work (determined as provided in
paragraphs 11.4 and 11.5} plus a CONTRACTOR's fee for
ove~ead and profit (determined as provided in paragraph
I 1.6).
C~ o/ t~ Wed::
I 1.4, The term Cost of the Work means the sum of all costs
necessarily incumed and paid by CONTRACTOR in the proper
performance 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 following items and shall not include any of the
costs itemized in paragraph I 1.5:
I 1.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications ag~ed upon by OWNER and
CONTR.~'-'I~R. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ploynd full time at the site. Payroll costs for employees not
employed full time on the Work shah be apportio~d on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses.
sick leave, vacation and holiday paY applicable thereto. The
expenses of performing Work a~er regular working bourn,
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 equipmem furnished ~nd
incorporated in the Work. including costs of transportatton
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts.
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER. and CON-
TRACTOR shall make provisions so that they may b~
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or fumlshod 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 Subeontraetor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs I 1,4, I 1.5, I 1.6 and I 1.7, All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
II .4.4. Costs of special coosultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
I 1.4.5. Supplemental costs including the following:
11.4.5.1. The proportk~ of necessary transpor~arion,
travel and subsistence expenses of CONTRACTOR's em-
ployees incurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, olfice 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 nm consumed which
remain the property of corR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental a~'ec-
merits approved by OWNER with the advice of ENGI-
NEER. and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof---all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
I 1.4.5.4. Sales, consumer, use or similar taxes related
to the Work. and for which CONTRAC-I~OR is hable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence 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 royalt.~
payments and fees for permits and licenses.
I 1.4.$.6. Losses and damages (and related expenses)
caused by dama~ to the Work. not compensated by
insurance or otherwise, sustained by CONTRaa~'IuR in
connectio~ with the performance and fumlshing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sult,.d fron. causes other than the nngli~ence of CON-
TRACTOR. any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may he liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconsm~ction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall he
paid for services a fee proportiormte 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-
lance 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.
I 1.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships}, general manngers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRAL.-IuR
whether at the site or in CONTRACTOR's principal or a
branch old, ce for general administration of the Work and not
specifr,.ally included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph I 1.4.4--all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTR.4,CTOR's olive at the site.
11.5.3. Any pan of CONTRAC-iuR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums t'or all Bonds and For all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
1except for the cost of premiums covered by subparagraph
11.4.5.9 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
con'ection 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 paragraph I 1.4.
11.6. The CONTRAC'I~R's fee allowed to CONTRAC-
TOR for overhead and profit shall he determined as follows:
I 1.6. I. 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 p~rcontages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incun~l under paragraphs 11.4.1
and 11.4.2. the cO~R's fee shall be fifteen
percent:
11.6.2.2. t'or costs incun'ed under paragraph 11.4.3.
the CONTRACTOR's fee shall he five percent:
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of para&raphs Il.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 fifteen percent of the costs incurred by such
Subcontractor under par~s I 1.4. I and I 1.4.2 and that
any higher tier Subcontractor and CONTRACiOR 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 be payable on the basis of costs
itemized under para~hs I 1.4.4, I 1.4.5 and 11.5;
I 1.6.2.5. the amount of credit to be allowed by CON-
TRACI~R to OWNER for ~u./change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deductio~ in CONTRaCTOR's fee
by an amount equal to five percent of such net decrease;
I 1.6.2.6. when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5.
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 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 to-
gether with supporting data.
34
Cash Allawaates:
I I .$. It is understood that CONTRACTOR has included in
the Contract Price all allowances so n~ned in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be accep~ble to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipmen! required by the nllowances 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 additiona~ payment on account of any of
the foregoing will he valid.
Prior to final payment, an appropriate Change Order will he
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall he correspondingly
adjusted.
I 1.9. U~it price Work:
11.9.1. Where the Contract Documents provide that all
or part of thc Work is to be Unit Price Work. initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
· - · * Price Work
price for each separately tdenUfind ttcm of Umt
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the act~ quantities and claasifica-
lions of Unit Price Work performed by cONTRACTOR will
be made by ENGINEER in accordance with para,apb 9.10.
I 1.9.2. Each unit price will be deemed to inelude an
amount considered by CONTRAC'fOR to be adequate to
cover CONTRACTOR's overly, ad and profit for each sepa-
rately identified item.
I 1.9.3. OWNER or CONTRACI~R may make a claim
for an adjustment in the Contract Price in accordance with
A~icie II 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
respect to any other item of Work: and
I 1.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR i~ entitled to an increase in Contract Price as a result
of having incun'ed additional expense or OWNER he-
Ilevas that OWNER is entitled to a decrease in Contract
Price and Ihe parties are unable to a~'ee as to the amount
of any such increase or decrease.
ARTICLE 12.--CHANGE OF CONTRACT TIMES
12.1. The 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 Milestonesl
shall he based on written notice delivered by the party making
the claim to the other pa~y and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence 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 he 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 the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if oWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where co~R is prevented from complet-
lng any part of the Work within the Contract Times (or
MilestOnoS) due to delay beyond the control of CONTRAC-
TOR. the Contract Times (or Milestoncs) will be 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 be limited
to. acts or neglect by OWNER. acts or neglect of utillty 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 he
delays within the couttol 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 OWN ER
and CONTRACTOR. an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no even(shall OWN ER he liable to cONTRAC-
'fOR. 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) delay~
caused by or within the control of CONTRACTOR. or (ii)
delays beyond the control of both parlies including but not
limited to firel, floods, epidemics, abnormal weather condi-
tions, acts of GoO or acts or neglect by utility owners or
other contractors performing other work as contemplated by
^rticic 7.
ARTICLE 13.--TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13~1. Notice of Defects: Prompt notice of all defective
Work ofwhichOWNERorENGINEERhave actual knowl-
edge will be given to CONTRAC'I~R. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Work:
13.2. OWNER, ENGINEER. ENGINEER's Consultants.
other representatives and personnel of OWNER. independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
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 u applicable.
Te~ and lmpectior4:
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 facilitate 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:
13.4.1. 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 lo paragraph 13.9 below
shall be paid as provided in said paragraph 13,9: and
13.4.3. as otherwise specifically provided in thc 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 nuch public body. CONTRACTOR shall assume
full respo~,oibility for arranging and ob~ining such inspections.
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACIl.'~R .sha~l also bc responsible for arrang-
ing and obtaining and .;nail pay a~l costs in connection with any
inspections, tests or approval~ required for OWNER's and
ENGINEER's acceptance of materials or equipment to he
incorporated m the Work. or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incmlx~"ation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRAC'I~R'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 no, ice,
Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must. if requested by ENGINEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expanse.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRAc'IuR. at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGIN E ER 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 appropriate decrease in the
Contract Price, and, if the parties are unable to agree 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 be allowed an increase in the Contract
PHce or an extension of the Contract Times (or Milestones}, or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount or extent
thereof, CONTRAC'I~R may make a claim therefor as pro-
vided in Articles II and 12.
OWNER May Stop the Work:
13.10. If the Work is defecti~,e, 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 right for the benefit of CONTRACTOR or any
surety or other party.
Cort~c~don or Removal of O~fective Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed, citber 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. Correction Pedad:
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 defective, CONTRACTOR
shall promptly, without cost to OWN ER and in' accordance
with OWNER's written instmctioos: (il 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 ofllers resulting
therefrom. If CONTRACTOR docs not promptly comply
with thc terms of such instructions, or in an emergency
where delay would c. aug serious risk of loss or damage.
OWNER may have the defective Work corrected or thc
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including 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 equipment is placed in continuous service before Substan-
tial Completion of all the Work. the correctino 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 d¢£¢clive Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be exten~led for an
additional period of one year a~er such correction or re-
moval and replacement has been satisfactorily completed.
Accelmmce of Defective World:
13.13. If, instead of requiring correction or removal and
replacement of defective Work. OWN ER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER1
prefers to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, costs, losses and damages attributable to
OWNER's cvaluatino of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to t he Work: and OWN ER
shall be eotitlcd to an appropriate decrease in the Contract
Price. and, iftbe pa"ties 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 be paid by CONTRACTOR to
OWNER.
OWNER May Co~ct Defective Work:
13.14. If CONTRACfOR falls within a reasonable time
after written notice from ENGINEER to correct def¢cti~'¢
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 perform 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 corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site. take possession of all or par~ of the Work.
and suspend CoNTRACTOR's services related thereto, take
possession of CONTRACI~R's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess 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 CONTRACTOR
and a Change Order will he 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
amoum thereof. OWNER may make a claim therefor as
provided in Article I I. Such claims, costs, losses and damages
will include but not be limitnd to all costs of repair or replace-
ment of work of others destroyed or dama&ed by correction,
removal or replacement of CONT~R's defective Work.
CONTR.~.CTOR shall not be allowed an extension of thc
Contract Times (or Milestones) because of any delay in thc
p~rfonnance of thc Work atlributable to the exercise by OWN ER
of OWNER's rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRAL.-IOR AND
COMPLETION
Schedule of Va~a~s:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as thc basis for progress payments and
will be incorporated into a fon~ of Application for Payment
acceptable to ENGINEER. Progress payments on accOUnt of
Unit Price Work will be based on the number of units com~
pleted.
Progress Payn~nt:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application tot Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and 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 be accompanied by a
bill of sale. invoice or other documentation wan'anting that
OWNER has received the materials and equipment free and
clear of ali Liens and evidence that the materials and
equipment are covered by appropriate proper~y insurance
and other arrangements to protect OWN ER's interest therein.
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTR.4CTOR's Wammq Gl' Ti~e:
14.3. CONTRACTOR wan-ants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated 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 writing a
recommendation of payment and present the Application to
OWNER, or rmum 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 Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen=
tence of parngraph 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 observations of the executed Work as an experienced
and qualilied design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
14..5. I. the Work has progressed to the point indicated,
14.5.2. the quality of the Work 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 paragraph 9.10, and to any other quali-
Iicatious stated in the recommendationl, and
14.5.3. the conditions precedent to CONTRAC'I~R's
being entitled to such payment appaar 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 no~ he other matters
or issues between the parties that might entitle CONTRAC-
TOR to be 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 CONTILAL.-IuR's means, methods, techniques.
sequences or procedures of constroction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRAL.-IUR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perfom~ or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any pa~t of any payment if, in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may he necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct
~iv¢ 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
I 5.2. I through 15.2.4 inciusiv.'.
OWNER may refuse to make payment of the full amount
recommended by F:.NGINEER because:
14.7.5. claims have been made agaSnst 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 CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and disehatgc of such Liens.
14.7.7. there a~e other items entitling OWNER to a
scl-Gq' against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence 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 give cONTRaCTOR immediate written
notice (with a copy to ENGINEER) stating the rea~ns for
such action and promptly pay CONTRACTOR the amOUnt so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR. when CONTRACTOR corrects to OWN-
ER's satisfaction the reasons for such action.
Subsua~al Campletlon:
14.8. When CONTR~C'1'OR considers thc cmire 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
thcrcaftcr. 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 be 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
during which ro make written objection to ENGINEER as to
any provisions of the certificate or attached list. If. a~er
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 r~asons
therefor. If, al%r consideration of OWNER's objections. EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
oWNER and CONTI~R a deRnitive certificate of Sub-
s~ntial Completion (with a revised tontativc list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justi~ed after
consideration of any objections 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
t,,~pect to security, operation, safety, maintenance, heat. mill
tics. insurance and wan'amies and guarantees. U Mess OWN ER
and CONTRACTOR agree othcr'wise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWN ER shall have the right to exclude CONTRAC'
TOR from the Work after the date of Substantial Completion.
but OWNER shall allow CON.TRACTOR reasonable access to
complete or correct items on the tentative list.
14.10. Use by OWNER at OWNER's option of any sub-
s~ntially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER.
ENGINEER and CoN~R agree constitutes a sepa-
rately functioning and usable part of the Work that can he used
by OWNER for its intended purpose without signi~cant inter-
ferenca with CONTRACTOR's performance of the remainder
of the Work. may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR 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 thc Work is substan-
tially complete, CONTRAC-tOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRAL,'t~)R at any time may 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 part of the
Work. Within a reasonable time after either such request.
OWNER, CO~'IOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion, If ENGINEER docs not consider
that part of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefoc If ENGINEER considers
that pa~ of the Work to he substantially complete, the
provisions of para~s 14,8 and 14.9 will apply with
respect to certification of Substantial Completion 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 aecomp~ished prior to compliance with
the requirements of paragraph 5,15 in respect of IxopertY
insurance.
Fb~l
14.1 I. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONT~R in writing of ali
~9
pa,"ticula~s in which this inspection reve~ds tha~ the Work is
incompletg or defective. CONTRACTOR shall immediately
take such n~asures as a~ necessary to compile such Work or
remedy such deficiencies.
14.12. After CONTRACTOR has completed all such cor-
rections to thc satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees. Bonds. certifi-
cates or other evidence of insurance required by par-agfaph 5.4.
certificates of inspection, marked-up record documents (as
provided in paragraph 6.19) and other documents. CONTRAC-
'FOR may make application for §hal 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 subpara&~aph 5.4.13. (ii) consent of the surety, if any. to final
payment, and (iii) complete and lepJly 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-
'FOR 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 indebtedness connected with the Work for which OWN ER
or OWNER's property might in any way he responsible have
been paid or otherwise satisfied, If any Subcontractor or
Supplier falls to furnish such a release or receipt in full.
CON'I'RAC'IOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGINEER
SD Confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. I f the remaining balance to he held by
OWNER for Work not fully completed or con'acted is less than
the retaionge stipulated in the Agreement, and if Bonds have
been fumisbed as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall he mede under
the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
W,"ver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRAL-IOR, except claims arising from unsettled Liens.
from defective Work appaa.dng after final inspection pursu.
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRAL,-IOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waivor of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled.
F b~d Pg, m~t nad AecRetaa~ :
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 as required by the Contract
Documents. ENGINEE,~. is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Document~ have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of paymcm and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also g~ve written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Otb-
et'wise, 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 corrections and resubmit the Application.
Thirty days aRer the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and subs~a"cc 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
ARTICLE LS.~SUSPENSION OF WORK AND
TERMINATION
OWNER May Smpend Wor~:
15.1. At any time and without cause. OWNER may sus-
pend the Work or any portion thereof for a pcrkxl of not more
than ninety days by notice in writing to CONTRAL'IuR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed, CONTR.S, CTOR sludl he allowed an adjustment in the
Contract Prica or an extension of the Contract Times, or both.
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles I I
and 12.
OWNER May Termlm~ge:
15.2. Upon thc occun'cnce of any one or more of thc
following events:
15.2.1. if CONTRACTOR persistently fails to perform
thc 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 progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6):
15.2.2. if CONTRACI~R disregan:ls 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 CONTRACTOR otherwise violates in any sub-
stantiai way any provisions of the Contract Documents:
OWNER may, after giving CONTRACTOR (and the surety,
if any,) seven days' written notice and to the 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
tonls, appliances, construction equipment and machinery at
the site and use the san~e 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 the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damag~.s sustained by OWNER arising out of or
resulting from completing the 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 termination will not affect any rights
or remedies of OWNER against CONT~R then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by oWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC'I~R
and ENGINEER, OWNER maY, without cause and without
prejudice to any other right 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 acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for ovc~cad and profit on such Work;
15.4.2. for expenses sustained p~or to the effective date
or' termiea~ion in performing services and furoishiog labor.
mate~als or equipment as required by the Contract Docu-
ments in connection with uncomplcteC~ Work, plus fair and
reasonable sums for overhead and pro§t on such expenses:
15.4.3. for ail claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others: and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRAC-~OR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTI~TOR May S~ Wed~ or Terr,~ate:
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 CONTRAC'I~R any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the 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 failed 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 due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amount, s.due
- provisions
CONTRACI~R, including interest thereon+ The
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles I I and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or dama&e directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16--DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and prOCedUre, if any, shall be as set
forth in Exhibit GC-A, "Dispute Resolution Agreement," to be
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 exercsse
such righL~ or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE 17--MISCELLANEOUS
G~vOtg No,ce:
17.1. Whenever any provision of the Cootmct Documents
requires thc 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 fim~ or to an offtccr of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail. postage prepaid, m the last business address
known to the giver of the notice.
Comp~,~n of Times:
17.2.1. When any period of time is refen'ed to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the lest day
of any such period fails on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will he omitted from the computation.
17.2.2. A caJendat day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
No~e
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property _bec~___,_,se of any eh'or, omission or
act of the other pa~y or of any of the other pa~y's employees
or a&eets or othet~ for whose acts the other party is legally
liable, claim will he made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this para&raph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicabl,' statute of limitations or repose.
17.4. Tbe duties and obligations impused by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and. in pa~icular but without limitation, the
wun~nties, 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. 14.3 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 Contracl Documents in connection with each particular
duty. obligation, right and remedy to which they apply.
Prefes,~onal Fees and Court Com Included:
17.5. Whenever referenee is made to "claims. costs, losses
and damnges," it shall include in each case, but not be limited
to, MI fees and charges of englneers, architects, attorneys and
other professionals and nil court or arbitration or other dispute
resolution costs.
[The remainder of this pnge was left blank intentionally.]
42
EXHIBIT GC-A to General Conditions of the
Agreement Between OWNER and CON-
TRACTOR Dated
For use with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16
of thc General Conditions to thc Agreement between OWNER
and CONTR..~2TC)R is amended to include the following
agreement of the parties:
16.1. All claims, disputes and other matters in question
between OWN ER and CONTRACTOR arising out of or reiat-
in~ to the Contract Documents or the breach thereof (except
for claims which have been waived by thc 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 then obtaining, subject to the limitations of this Article
16. This ag~ment so to arbitrate and any other agreement or
consent to arbitrate catered 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. I I will be
made until the earlier of(a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
pa~ies 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 paragrapl~ 9.11: 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 a~er arbitration proceedings 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 paMics concerned. No demand for a~oitration of any
written decision of ENGINEER rendered in accordance with
paragraph 9.10 will be made later than ten days after the pa,'qy
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9. i0.
16.3. Notice oftbe demand for arbitration will be filed in
writing with the other party to the Agreement 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 all other cases within a
reasonable time after the claim, dispute or omer matter in
question has arisen, and in no event shall any such demand be
made alter the date when institution of legal or equitable
proceedings based no 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. Notwithstanding paragraph 16.4 if a claim, ciispute or
other matter in question between OWNER and CONTRAC-
TOR involves the Work of a Subcontractor, either OWN ER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRAC'1~R shall include in all subcontracts required by
paragraph 6. I I a specific provision whereby the Subcontractor
consents to being joined in an arbitration between OWNER
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 be 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.]
16.7. OWNER and CONTRACTOR agree that they shall
§rst submit any and all unsettled claims, counterclaims, dis-
pules and other matters in question between them arising out of
or relating to the Contract Documents ot thc breach thereo~'
("disputes"). to mediation by The American Arbitration As-
sociation under the Construction Industry Mediation Rules ot'
the American Arbitration Association prior to either of them
initiating against the other a demand t'or arbitration pursuant to
paragraphs 16. I through 16.6, unless delay in initiating arbitra-
lion would irrevocably prejudice one of the pm'tics. The
respective thirty and ten day time limits within which to file a
demand I'or arbitration as provided in paragraphs 16.2 and 16.3
above shall he suspended with respect to a dispute submitted to
mediation within those same applicable time limits and shall
remain suspended until ten days alter the termination of the
mediation. The mediator ot'any dispute submitted to mediation
under this Agreement shall not serve as arbitrator of such
dispute unless otherwise agreed.
GC-^2
95E09
SECTZON 00805
SUPPLEHENTARY CONDZTZONS
REVXSED 00805-1
Supplementary Conditions
These Supplementary Conditions amend and supplement Sectton 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 in full force and effect as so amended
or supplemented. All provisions of the General Conditions which are
not so amended or supplemented remain in full force and effect.
Deftned Terms
The terms used in these Supplementary Conditions which are defined tn
the General Conditions have the meantng asstgned to them tn 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 ! - DEFINITIONS
Oelete the first paragraph of Arttcle! '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
Oocuments, the terms listed below have the meanings indicated
which are applicable to both the stngular and plural thereof.
Said terms are generally capitalized or written in ttaltcs, 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 other~tse.'
SC-1.18.
Add a new paragraph tmedtately after paragraph GC-1.18. which is to
read as follows:
A listing of ENGINEER's Consultant(s) is as follows:
HDR Engineering,
SC-1.35.
Add the following language after the second reference to CONTRACTOR:
'after hts revtew and approval of same.'
S.C.-1.46.
00805-2 REVISED
Day - A "calendar day" being any successive day or days of the
week or month, no days excepted unless otherwise deftned wtthtn these
Contract Documents.
S.C.-1.47.
Furntsh or Install or Provtde or Supply - The word 'Furnish' or the
word 'Install' or the word 'Provide' or the word 'Supply,' or any
combination or stmtlar directive or usage thereof, shall mean
FURNiSHiNG ANO iNCORPORATiNG iN THE WORK Including all necessary
labor, materials, equipment, and everything necessary to perform the
~ork Indicated, unless specifically limited tn the context.
ARTICLE 2 - PRELINZNARY NATTERS
SC-2.2.
Amend the ftrst sentence of paragraph GC-2.2. by striking out 'ten
copies,' and substituting 'five copies.'
SC-2.3.
Delete paragraph 2.3 tn Its entirety and Insert the following tn
lieu thereof:
'The Contract Time shall coneence to run on the tenth day
following the date of Notice to Proceed.'
SC-2.4.
Amend paragraph GC-2.4. by strtktng out the second Word of the
sentence 'shall' and substituting 'may'.
SC-2.5.
Amend the ftrst 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 of paragraph Z.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 2.9.
ConfliCt of Interest
2.10 City Charter states that no off(cer 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 o~ implied, of the persons or corporations
contracting w~th the C~ty 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 - CONTRACT DOCUMENTS~ INTENT, N~EMDIN6, 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 Is complete."
ART]CLE 4 - AVAIIJ~BIL]TY OF LJUIDS: PHYSICAL CONOIT]ONS:.REFERENCE POZNTS
SC-4.].
Add a new paragraph 4.1.1. which is to read as follows:
4.1.1.
Easement 11nes shown on the Contract Drawings are
approximate and were provided to establish a basis for.
bidding. Upon receiving the final easement descriptions,
CONTRACTOR shall compare them to the lines shown on the
Contract Orawtngs. If CONTRACTOR considers the final
easements provided to dtffer materially from the
representations on the Contract Orawings, CONTRACTOR shall
wtthtn S calendar days and before proceeding with the
Work, notify ENGINEER in writing of any extra costs or
ttme of performance associated with the differing easement
ltne locations and the clatm shall be administered in
accordance with the Conditions of the Contract.
SC-4.2.1.1.
Delete paragraph and replace with the following, "No geotechntcal
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 CONTRACTOR
shall replace the utilities or service lines with the same
type of ortgtnal construction, or better, at this own cost
and expense.
4.3.2.2.
If it is necessary to change or move the property of
any owner or of a public uttlity, such property shall not
be moved or interfered with unit1 authorized by the
ENGINEER. The right is reserved to the owner of any
publtc utility to enter upon the ltmits 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 Points
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 lines 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
2-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 thereof:
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.
Compedsat'ton 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 Poltcy 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
$600,000
$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
vehtcles as shall protect him and any subcontractor
performing work covered bythis contract. The minimum amount
of such insurance shall be as follows:
5.4.
5o5.
Combined Bodily Injury
and Property Damage
Bodily Injury
Bodily Injury
Property Damage
$600,000 per occurrence
$250,000 per person
$500,000 per accident
$100,000
Protective Liability Insurance. 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 policy 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
$600,000 per occurrence
$1,000,000 aggregate
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, CONTR~.CTOR shall in writing advise OWNER whether or
not such other insurance has been provided by CONTRACTOR.
SC-5.11.
h 5.11.1 to delete reference to paragraphs 5.6 and
Amend paragrap
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 coverageh~or a~l losses and damages caused by
the perils covered t reby 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 5.5 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 Oocuments, 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.
5C-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.
ARTXCLE 6 -
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.
CONTRACTOR'S RESPONSXBZLZTZES
SC-6.4.
Add a paragraph immediately after paragraph GC-$.4. which ts to read
as follows:
6.4.1. Where the Work requires equipment be furnished, due to
the ]ack of standardization of equipment as produced by
the various manufacturers, it may become necessary to
make minor modifications in the structures, buildings,
piping, mechantca] work, electrical work, accessories,
contro]s, or other work, to accommodate the parttcu]ar
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:
A11 items of standard equipment shall be the latest model at the
time of delivery.
SC-6.7.1.2.
Amend the sixth sentence of paragraph GC-6.7.1.2. by deleting the
word 'Substantt al.'
Add a new paragraph after paragraph GC-6.15., which is to read as
fol 1 ows:
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 tangible 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 these
materials whtch are incorporated tnto the project, such as
brtcks, lumber, concrete, paint, etc. The contractor issues
a resale certificate in lieu 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.
(Thts procedure may not be used, however, for materials
which do not become a part of the finished 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 wtll 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 tnto the project; and 2) labor,
equipment, supervision and materials not incorporated into
the project.
$C-6.19.
Add the following language at the end of the first sentence of
paragraph GC-6.19:
CONTRACTOR 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 'CONTRACTOR shall submit.'
At the end of paragraph GC-6.24.1., add the following paragraphs:
6.Z4.1.1.
Shop Drawings submitted as herein provided by
CONTRACTOR and reviewed by ENGINEER for conformance
with the design concept shall be executed in
conformity with the Contract Documents unless
otherwise required by OWNER.
6.24.1.2.
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-lnformation-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 Orawtngs.
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 Orawing or Sample, as submitted, indicates a
variation from the Contract Requirements as set forth in
the Contract Oocuments 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 Orawtngs 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
resubmtttal and the resulting delay shall be entirely
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.~6.
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 will 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 Documents.
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
7.5 and Article 12.
00805-13
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
ARTICLE
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."
9 - ENGINEER'S STATUS DURIN6 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.
00805-14
Add a new paragraph immediately after paragraph GC-9.6. which is to
read as follows:
The acceptance at any ti~e of m~terials 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 - CHAJJOE OF COMTPu~CT PRICE
SC-11.9
Add the following language at the end of paragraph 11.9.2:
Work described in the Contract Oocuments 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-11.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
subject to re-evaluation and adjustment under the
following conditions:
be
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.
11.9.3.4.
if CONTRACTOR can demonstrate that it has incurred
additional expense as a result thereof, or
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.
ARTICLE 12 - CHANGE OF CONTRACT TI#E
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
follows~
12.3.1.
12.3.2.
paragraphs after paragraph GC 12.3. which are to read as
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.*
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 5-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 - WARRANTY AND GUARANTEE: TESTS AND INSPECTXONS
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 andmmterta)s 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
yelar' 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'.
ARTICLE 17 - MISCELLANEOUS
SC-17.2.1.
Delete paragraph in its entirety.
END OF SECTION
01010-1
95e09
SECTION 01010
SPECIFIC PROJECT REQUIREMENTS
PART 1 - GENEP~AL
1.01
A.
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.0.$. 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 $701g.
1.03
A.
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
A.
SCOPE OF WORK
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
A.
1.06
A.
SITE
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 onmy.
PROJECT DESCRIPTION
This Contract consists of the construction of Sanitary
Sewer Improvements for Grapevine III, IV, and Bethel Road
as shown in the construction plans SS 94-02.
01010-2
.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 in the General Conditions
of the Agreement.
The calendar day count shall be suspended upon receipt of
the Engineer of a written request for final inspection.
The calendar day count shall resume upon receipt 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 is accepted by the
Engineer, and the Owner. The calendar day count will not
be suspended or otherwise affected by use of completed
portions or 'substantial completion' of any of the
project.
SAFETY PRECAUTIONS
The Contractor shall comply with all applicable laws
including the Occupational Safety and Health Act of 1970,
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 himself
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.
1.1:3
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 DRAWINGS
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 LABORATORY 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 geotechntcal
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 outlined 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 COOPERATION OF CONTRACTOR
A. The Contractor shall have on t~e project at all times, as
his agent, a competent Superintendent capable of reading
plans and specifications and thoroughly experienced in 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.
B. The Superintendent and the Contractor shall be responsible
for supervision of all work performed by the subcontractor
at all times during construction.
1.16
A.
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, leavtng, 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, ltghts,
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, publtc 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 unttl 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
01010-5
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.
E. 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.
1.17 EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY
A. 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.
B. 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.
C. Where the locations of existing underground ahd surface
utilities are indicated, thes? 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.
D. 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.
E. To avoid unnecessary interferences or delays, the
Contractor shall coordinate all utility removals,
replacements, and construction with the appropriate
utility company.
1.18 DP, AINAGE
A. 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 14AINTENANCE
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 meterial, 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
! .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
A.
2.02
A.
SIGNAGE
Contractor shall provide five (5) project signs in accordance
with the "Si~n Detail" located in the plans. Signs to be
located as d~rected by Engineer.
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 5 FT. Deflection at joints shall not exceed
manufacturer's recommendations. If required, a maximum of ¢
each 22-1/2 degree bends may be installed in the siphon.
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.
Flexible couplings shall be Oresser Style $3 or epproved
equal.
END OF SECTION
95Dll
SECTION 0106O
SPECIAL PROVISIONS
01060-1
PART 1 - GENERAL
1.01
A.
SUMMARY
These Special Provisions modify or supplement the Standard
Construction Specifications of the North Central Texas
Standard Specifications. All provisions which are not so
modified or supplemented remain in full force and effect,
except payment shall be as established in Section 1, entitled
"Proposal and Bid Schedule."
B. Modify the Standard Specifications as follows:
PART II: NATERIALS - DIVISION
ITEM 2.1.5. TRENCH BACKFILL:
(b) Types "B" and "C"
(4) Additional Requirements
(B) Additional Requirements for Type "C" backfill when used in
streets: Insert the following paragraph at the beginning of this
subsection: "All trench backfill shall be compacted to between 95
percent and 100 percent of Standard Proctor Density as determined
by ASTM D-698 at, or up to five ($) 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.
01060-2
PART III
DIVISION 3 - SITE PREPARATION
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
g5 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 specif!ed in the Plans or Specifications."
PART IV: Oly)SION 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: "90 percent of the maximum dry density of such material." and
replace with the words '95 percent of the maximum dry density of such
materials, or as directed by Engineer.'
PART V: DIVISION $ - 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."
REVISED 01060-3
(h) Finishing.
(1) Mochtne. Add the following paragraph at the end of thts
subsection: 'Fog sprays powered by pressure pumps, and capable of
covertng the enttre area of freshly placed concrete wtth aftne mtst,
shall be used tf 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 Hist,
shall be used if water is needed for finishing operations.'
PART VI: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION
ZTEH 6.2.9. BACKFILL:
(b) Compaction.
(2) Densities - Areas Not Subjected to or Znfluenced by Vehicular
Traffic. Amend the second sentence by striking the words "to a
density comparable with adjacent undisturbed material' and replacing
w~th 'to a denstty between 95 percent and 100 percent Standard Proctor
Density as determined by ASTM D-698 at, or up to ftve (5) percentage
potnts above, opttmum motsture content, unless othermtse specified tn
the Plans or directed by the Engineer.'
(c) Embedment.
(15) Class 'D+' Embedment - Change the thtrd sentence of the
second paragrpah to read, 'The material shall then be brought up
in uniform compacted layers to a point 12 1riches over the top of
the pipe.'
(C) Modify the Construction Plans by revtstng the embedment
details on Sheet 29 with the detail following this section.
END OF SECTION
TYPICAL NATIVE MATERIAL COMPAC1ED TO:
96% OPTIMUM MOI8TURE *3% UNDER PAVEMENT
90~ OPTIMUM MOi8TURE +~A OUT81DE CURB LINES
,~,-., ~ING 18 NOT ALLOWED
BACKFILL TO BE COMPACTED IN 6'+ LIFTS
Bd
Bc ~ ! 6' min.
CI88s "D+"
NOTE: 1. REVISE DETAILS SHEET 29 PER THIS DETAIL
2. REVISE BETHEL ROAD STREET REPAIR SUBGRADE TO
REQUIRE A LIME STABIUZED SUBGRADE
3. A M-i-N~MUM OF 6 IN CRU8HED.STONE EMBEDMENT ~ BE PLAC~ BELOW AND
ON BACH 81DE OF PIPE.
4. CRUSHED 8TONE SHALL BE AS SPECIFIED IN STANDARD CONSTRUCTION
SPECIFICATIONS 2.1.8.A, PIPE MATERIAL FOR WATER AND SANITARY ~E'WER
MAINS.'