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SS9402A-CN 960103
CONSTRUCTION SPECIFICATIONS CONTRACT DOCUMEN~TS FOR S~.-~NTi'ARY SEWER IM:PROVEMENTS FOR GRA.PEVBNE I!I, SS 94-02 ~OR AUGUST, 199-5 · / PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: CITY OF COPPELL CHANGE OR EXTRA W RK ORDER Grapevine III Sanitary Sewer Project / SS 94-02A River Valley Enterprises City of Coppell 1 DATE: March 26, 1996 CHANGE OR EXTRA WORK TO BE DONE Pay Description Item # ADD: 5 38 42 43 44 45 Furnish & Place 8" PVC Sewer (15'-20' depth) Quantity Unit 32 LF Unit Price 45.00 2.00 Trench Excavation Safety Concrete Channel Replacement Remove Existing 8" SS Concrete Fill Existing 4'MH Lower Invert Elevation 32 5O 26 LF LF LF EA EA Total Revision to Contract Amount Total /q0,5. Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion 0,5 o/, y $ 365,124.00 37D, 933 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 Coni-ract by reason of this revision to the Contract. Recommended/by the City Engineer: A~reed to by the Contractor: Date: I Date: wner: Date: REVISED 00005-1 95Dll SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE III, IV, AND BETHEL ROAD SS94-02 THE CITY OF COPPELL, TEXAS SECTION NO. SUBOECT TABLE OF CONTENTS DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00005 TABLE OF CONTENTS 00020 INVITATION TO BID 00100 INSTRUCTION TO BIDDERS 00301 BID FORM 00500 AGREEMENT 00700 GENERAL CONDITIONS 00805 SUPPLEMENTARY CONDITIONS DIVISION I - GENERAL REQUIREMENTS 01010 SPECIFIC PROJECT REQUIREMENTS 01060 SPECIAL PROVISIONS REVXSED 00020-1 95H08 SECTION 00020 INVITATION TO BID NOTICE TO BIDDERS The City of Coppell is accepting bids for Sanitary Sewer Improvements for Grapevine Creek III, IV, and Bethel Road - SS 94-02. Sealed bids addressed to the Purchasing Agent, City of Coppell, Texas for Grapevine Creek III, IV, and Bethel Road - SS 94-02 will be received in the Purchasing Office at the City of Coppell Town Center, 255 Parkway Boulevard, until ~ cn Monday. Auqust 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-0895-01 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 Coppell, Texas 75019 *Attn: Telephone: (214) 304-3698 The cost of Contract Documents is: Set of Contract Documents with full size drawings: $Z5.00. No partial sets of Specifications or Drawings will 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. qUALIFICATION OF BIDDERS Requirements concerning the qualifications of BIDDERS are described in Section 00100 - Instructions to Bidders. Bidders are expected to inspect the site of the work and to' inform themselves regarding local conditions and conditions under which the work is to*be done. OWNER'S RIGHT TO REJECT BIDS The Owner reserves the right to reject any or all bids and to waive formalities. Unreasonable or unbalanced unit prices will be considered sufficient cause for rejection of any bid or bids. The Owner reserves the right to accept the alternate bid of a Contractor that did not submit the lowest base bid. NO BID TRANSMITTED BY FAX WILL BE ACCEPTED. The City of Coppell reserves the right to waive irregularities and to reject bids. OTHER REQUIREMENTS NO SALES TAX ON TANGIBLE PERSONAL PROPERTY INCORPORATED INTO OR 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 materials which do not become a part of the finished product, such as, equipment rental or purchase, form materials, etc.). In order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor with an exemption certificate for the materials. The Contractor is expected to issue a resale certificate in lieu of paying a sales tax at the time of purchase. The bidder shall show the cost of materials (tangible personal property) in the space provided on the bid form. The successful bidder's form will be used to develop a separated contract and determine the extent of the tax exemption. ENO OF SECTION .REVISED 00100-1 95H08 SECTION 0010O 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 75019. 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 Documents). Each Bid must contain evidence of BIDDER's qualification to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. 3.2. City Charter states that no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition will constitute malfeasance in office. Any officer or employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest inthe Contractor. 4. Exmmination of Contract Oocuments and Site. 4.1. It is the responsibility of each BIDDER before submitting 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 c°st, progress, performance or furnishing of the Work. Site visits have to be scheduled. Telephone Mr. Garreth Campbell at (phone number) 214-304-3685 to make an appointment. REVISED 00100-3 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data. 4.1.5. Promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. 4.1.6. Failure to make these examinations shall in no way relieve any BIDDER from the responsibility of fulfilling all of .the terms of the Contract, without additional cost to the OWNER. When conflicts, errors, ambiguities or discrepancies are discovered in or between Contract Oocuments and/or other related documents, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph $., BIOOER shall include in the Bid the greater quantity or better quality' of Work, or compliance with the more stringent requirement resulting in a greater cost. Such greater cost shall be included in the Bid. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement by Owner or their authorized representative. 4.2. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owner of such Underground Facilities or others, and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof. All existing structures, improvements, and utilities shall be adequately protected, at the expense of the Contractor, from damage that might otherwise occur due to construction operations. Where construction comes in close proximity to existing structures or utilities, or if it becomes necessary to move services, poles, guy wires, pipe lines, or other obstructions, it shall be the Contractor's responsibility to notify and cooperate with the utility or structure owner. The utility lines and other existing structures shown on the plans are for information only and are not guaranteed by the City to be complete or accurate as to location and/or depth. It shall be the Contractor's responsibility to verify locations and depths sufficiently in advance of construction such that necessary adjustments may be made to allow for the proper installation. The Contractor shall be liable for damage to any utilities resulting from the construction of this project. 00100-4 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 BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.4. On request, OWNER will provide each BIDDER access to the site'. to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.5. Reference is made to Division 1 - General Requirements, Section 01010 - Specific Project Requirements, for the identification of specific project requirements and the general nature of Work that is to be performed. 4.6. The submission of a Bid will constitute an incontrovertible representation by BIDDER (i) that BIDDER has complied with every requirement of this Article 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by ENGINEER are acceptable to BIDDER, and when said conflicts, etc., have not been resolved through the interpretations by ENGINEER as described in Paragraph 6., BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost, and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.7. Bid must comply with all Federal, State, county and local laws. Contractor shall not hire nor work any illegal alien. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, 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 Office in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Purchasing Agent as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER. 6.3. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the Owner. 7. Bid Security. 7.1. Each Bid must be accompanied by Bid security made payable to OWNER in an amount of 5 percent of BIDDER's maximum Bid price and in the form of a certified or bank check or a Bid Bond, issued by a surety meeting the requirements of paragraph 5.1. of the General Conditions. 7.2. The Bid security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, furnished the required contract security and certificates of insurance and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and furnish the required contract security and certificates of insurance within 10 days after the Notice of Award,' OWNER may annul the Notice of Award and the Bid security of that BIDDER will be forfeited. The Bid security of other BIDDERS whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the 7th day after the Effective Date of the Agreement or the 36th day (time period for award plus 1 day) after the Bid opening, whereupon Bid security furnished by such BIDDERS will be returned. Bid security with Bids which are not competitive will be returned within 10 days after the Bid opening. 7.3. The Successful Bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Owner. 00~00-6 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 CONTRACTOR 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 BIDDER to submit an acceptable substitute. If apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any BIDDER. 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 a quantity is given and the Bidder shall state the price for which he proposes to do each item of work. 12.2. All blanks on the Bid form must be completed by printing in black ink or by typewriter. No substitutions, revisions, or omission from the plans and/or specifications will be accepted unless authorized in writing by the Owner. 12.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 12.7. The address and telephone number for communications regarding the Bid must be shown. 12.8.~ If the bid is signed by a attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid, executed by the members 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 con~ents concerning various Pay Items in order that the Contractor can fully understand the scope of work involved in the Pay Items. Further information is provided in the City of Coppell standard details relative to some pay items. 13.1. Construction No Pay Items: All work necessary for the orderly completion of the project, but not specifically included as a pay item in the Proposal, shall be considered subsidiary to the Contract and no separate or additional payment will be made therefore. For example, there shall be no separate payment for the following: (a) any headwalls, curb or alley replacement necessitated by removal or damage during construction, (b) removal and replacement of any signs, (c) saw cutting, (d) clearing and grubbing, (e) mobilization, (f) protection of trees, {g) signage, (h) protection of work completed, (i) repairing of fences, walls or other structures, (j) temporary drainage, (k) watering of grass, (1) protection, removal, replacement of repair of sprinklers, (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 6 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 50 sewer siphon pipe. All ductile iron shall receive 8 MIL polyethylene encasement. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings and polywrap associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.2. Pay Items No. 4, 5, 7, 8, 10, 11, 14, 15, 16, 17 & 18: This REVISED 00100-9 work shall consist of furnishing and placing 8", 10", 12" and 15" SDR-35 PVC sewer pipe. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.3. Pay Item No. 9: This work shall consist of furnishing and placing 12" SDR-26 PVC sewer pipe. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any fittings associated with the pipe installation. Measurement and payment shall be made of the contract price bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.4. Pay Items No. 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 Coppell standard details. Manholes shall be complete with drop inlet and shall include cast iron frame and cover. Installation shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with the manhole installation. Measurement and payment shall be made of the contract price bid per each and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.6. Pay Item No. 27: This work shall consist of furnishing and placing 20' diameter dry bore. Bore shall not include casing. Installation 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 tnclude any incidentals associated with concrete placement. Measurement and payment shall be made of the contract price.bid per linear foot and shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.11. Pay Item No. 32: This work shall consist of removal and replacement of 8' concrete pavement associated with sewer installation. Pavement shall be replaced in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with concrete pavement replacement. 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 and replacement of 4FT wide concrete sidewalks. Sidewalks shall be replaced in accordance with these specifications, City of Coppell standard details, and addenda thereto. The bid price shall include any incidentals associated with construction. Measurement and payment Shall be made of the contract price per linear foot. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.14. Pay Item No. 35: This work shall consist of removal and replacement of asphaltic concrete pavement. Pavement shall be replaced to the thickness and widths indicated and shall be in accordance with these specifications and addenda thereto. The bid price shall include any incidentals associated with construction. Measurement and payment shall be made of the contract price per linear foot. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. The City is currently exploring the possibility of having Dallas County perform this work. Therefore, Bid Item 3S may not be awarded with this contract. If not awarded, there will nQ~ 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. 36: 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 payment shall be made of the contract price per lump sum. Contract prices shall be total compensation for furnishing all labor, materials, tools, equipment and any incidentals necessary to complete the work. 13.2.17. Pay Item No. 38: This item consist of Trench Excavation Safety and Support for trench excavation in association with sewer construction. Trench safety and support shall be in accordance with the Occupational Safety and Health Administration Standards 1926.652 "Requirements for Protection Systems". Trench Excavation Safety and Support shall measured along the centerline of the trench where trench is sloped to maintain angle of repose, a trench box is utilized or trench is shored. 13.2.18. Pay Item No. 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 Pay Item No. 39(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 existing services and reconnecting same to the new sewer line as shown on the plans, in accordance with the City of Coppell standard details, or as directed by the City Engineer. The bid price shall include all incidentals such as, but not limited to, excavation, backfill, embedment, paving and landscape repair. Measurement and payment shall be made at the contract prtce per each. 13.2.20. Pay Item No. 41: This work shall consist 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 Documents, at the time and place indicated in the Invitation to Bid, addressed to the Purchasing Agent of the City of Coppell, Texas, and shall be enclosed in an opaque sealed envelope, marked with the Project title and the name and address of BIDDER, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED, SANITARY SEWER IMPROVEMENTS FOR GRAPEVINE III, IV, AND BETHEL ROAD -- SS 94-02' on the face of it and addressed to the Purchasing Agent, City of Coppell, Texas. 15. Modification and Withdrawal of Bids. 15.1.~ Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 15.2. If, within 24 HRS after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16. Opening of Bids. 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 (90) days after the day of Bid opening, but OWNER may, in sole discretion, release any Bid and return the Bid security prior to that date. lg. Award of Contract. 19.1. OWNER reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful BIDDER. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. Any or all bids will be rejected if OWNER has reason to believe that collusion exists among the BIDDERS. 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, as 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 REVZSED 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 in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of BIDDERS, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 19.5. If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 19.6. If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within ninety (go) days after the day of the Bid opening. No other act of OWNER or others will constitute acceptance of a Bid. 19.7. This agreement will be governed and constructed according the the laws of the State of Texas. This agreement is performable in Dallas County, Texas. 20. Contract Security. Paragraph 5.1. of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds. 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 CONTRACTOR 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 into the project. ~n order to be exempt from the sales tax on such tangible personal property, the contract shall separate and provide separate charges for materials to be incorporated into the project from charges for labor. The City will provide the Contractor will an exemption certificate for the materials. 24. Affidavit of Btlls 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 Graoevine III. CONTRACT IDENTIFICATION: SS 94-02 THIS BID IS SUBMITTED TO: pUrchasina Aqent. Cttv of Coooell. Texas 255 Parkway Boulevard. Coooe11. Texas 75019. 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 Oocuments to perform and furnish all Work as specified or indicated in the Contract Oocuments 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. BIODER 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 mere fully set forth in the Agreement, that: BIOOER 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 be Co ee fe BIOOER 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. BIOOER 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. BIOOER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Oocuments and all additional examinations, investigations, explorations, tests, studies and data with the Contract Oocuments. BIOOER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Oocuments and the written resolution thereof by ENGINEER is acceptable to BIOOER, 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 Oocuments 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, BIOOER has included in the Bid the greater quantity or better quality of Work, or compliance with the mere 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; BIOOER has not directly or indirectly induced or solicited REVISED 00301-3 any other BIDDER to submit a false or sham Bid; BIOOER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIODER has not sought by collusion to obtain for itself any advantage over any other BIDOER 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 I - GRAPEVINE III ITEM ESTIMATED DESCRIPTION AND NO. QUANTITY UNIT PRICE IN WOROS UNIT PRICE TOTAL AMOUNT 1-4 N/A N/A 5 166 LF NOT USED For furnishing and placing 8' PVC sewer (15'-20' depth), complete in place, the sum of FORTY-FIVE OOLLARS AND HQ CENTS per linear foot. $45.00 $7,470.00 6-13 N/A 14 200 15 2570 N/A NOT USED LF For furnishing and placing 15" $35.00 SDR-35 PVC sewer (0'-10' depth), complete in place, the sum of THIRTY-FIVE OOLLARS AND NO CENTS per linear foot. LF For furnishing and placing 15' SOR-35 PVC sewer (10'-15' depth), complete in place, the sum of FORTY-TWO OOLLARS AND NQ CENTS per linear foot. $42.00 $7,000.00 q to~ $107,940.00 00301-4 REVISED 16 1094 LF 17 230 LF 18 N/A N/A 19 5 EA 20 8 EA 21 1 EA 22 N/A 23 I 24-26 N/A For furnishing and placing 15" SDR-35 PVC sewer (15'-20' depth), complete in place, the sum of FIFTY-ONE DOLLARS AND NO CENTS per linear foot. For furnishing and placing 15" SDR-35 PVC sewer (20'-25' depth), complete in place, the sum of SEVENTY DOLLARS AND NO CENTS per linear foot. $51.00 $70.00 $55,794.00 $16,100.00 \~~)00 NOT USED For furnishing and placing 4 FT diameter standard manhole, complete in place, the sum of TWEHTY-FIVE DOLLARS AND NO CENTS per each. For furnishing and placing 5 FT diameter standard manhole, complete in place, the sue of T~O THOUSAND EIGHT HUNDRED DOLLARS AND HO CENTS per each. For furnishing and placing 6 FT dtaeeter standard manhole, complete in place, the sum of THREE THOUSAND T~JO HUNOREO OOLLARS ANO HO _ CENTS per each. $25.00 $125.00 $2,800.00 $22,400.00 ,.~ $3,200. O0 $3,200.00 N/A NOT USED EA For furnishing and placing 5 FT dtaeeter drop tnlet manhole, complete in place, the sum of THREE THOUSANO EIGHT HUNOREO DOLLARS AND NO CENTS per each. $3,800.00 $3,800.00~ N/A NOT USED ~ ~_oo REVISED 00301-5 27 28 29 30-31 32 33 34 718 718 9 N/A 12 188 835 LF For furnishing and placing 20" diameter dry bore, complete in place, the sum of $)XTY-FOUR DOLLARS AND NO CENTS per linear foot. LF For furnishing and placing 20" diameter casing pipe, complete in place, the sum of TWENTY DOLLARS AND NQ CENTS per linear foot. EA For abandonment of standard sewer manhole, complete in place, the sum of ONE THOUSANO TWO HUNOREO DOLLARS ANO NO CENTS per each. N/A NOT USED SY For removal and replacement of 8' reinforced concrete pavement, complete in place, the sum of FXFTY DOLLARS AND NO CENTS per square yard. SY For removal and replacement of reinforced concrete driveway, complete in place, the sum of THIRTY-EIGHT DOLLARS AND NO CENTS per square yard. LF For removal and replacement of reinforced concrete 4 FT wide sidewalk, complete in place, the sum of NINETEEN DOLLARS AND NO CENTS per linear foot. $64.00 $20.00 $1,200.00 $50.00 $38.00 $19.00 $45,g52.00 $14,360.06~' $10,800.00 $600.00 $7,144.00 ~ $15,865.00 35-36 N/A N/A NOT'USED 00301-6 REVISED 37 I LS 38 3555 LF 39(A) I LS 40 8 EA 41 102 LF For furnishing and placing landscaping, complete in place, the sum of TWELVE THOUSAND DOLLARS AND NO CENTS per lump sum. For Trench Excavation Safety and Support, complete in place, the sum of 'TgO DOLLARS AND HQ CENTS per linear foot. For furnishing and maintaining Traffic Control signage, barricading, etc. during and through completion of construction, complete in place, the sum of $)X THOUSAND DOLLARS AND HO CENTS per lump sum. For furnishing and placing 4" PVC sewer services, complete in place, the sum of ONE THOUSANO ..DOLLARS AND flO CENTS per each. For furnishing and placing 24" ASTM F-497 PVC sewer (25'-30' depth), complete in place, the sum of ONE HUNOREO THIRTY-TWO DOLLARS AND NQ CENTS per each. $12,000.00 $12,000-~'~ $2.00 $7,110.00 $6,000.00 $6,000.00~'~' $1,000.00 $8,000.00 $132.00 $13,464.00 SECTION I - GRAPEVINE III TOTAL BID FOR ALL UNIT PRICES: THREE HUNDRED SIXTY FIVE THOUSAND (use words) ONE HUNDRE TWENTY FOUR DOLLARS AND NO CENTS (~) (use figures) Bidder agrees that all work described in SECTION I - GRAPEVINE III will be completed within 120 calendar days. Note: The City has set the time for this section at 120 calendar days. Should the Contractor be the successful low bidder on Section I and Section II and/or Section IIZ, the Contractor shall be required to complete Section I within the first 120 calendar days of the total time allotted for completion of the work. 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. 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. 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. 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 00301-8 REVXSED the General Conditions or Instructions. The City of Coppell reserves the right to delete any portion of this project as it may deem necessary to stay within the City's available funds. Should the City elect to delete any portion, the contract quantities will be adjusted accordingly. SUBMITTED on , 19 . 00301-18 PREVAILING WAGE RATE FOR PUBLIC WORKS PROJECTS: The City shall ascertain the general prevailing rate of wages for each craft of type of workman, or mechanic needed to execute this contract and shall specify in the call for bids of this contract what the general prevailing rate of wages is sin the City of Coppell. The City shall also specify the prevailing rate for legal holiday and overtime work. The contractor must pay the said specified rate to all laborers, workmen, and mechanics employed by him or any subcontractor under him in the execution of this contract. The City of Coppell resolution regarding prevailing wages follows this section. PENALTY FOR VIOLATION: The contractor or subcontractor in violation of these rules is liable to the City for a penalty of Six. ty Dollars ($60.00) for each laborer, workman, or mechanic employed for each calendar d~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 (14) days of the determination by the City, the issues of the alleged violation, any penalties owed to the public body, and any mounts owed to any affected laborer, workman, or mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General Arbitration Act. If the parties fail to agree upon an arbitrator within ten (10) days, the arbitrator shall be designated by the District Court upon petition of any party. The decision and award of the arbitrator is f'mal and binding upon all parties and may be enforced in any court of competent jurisdiction. The City shall not be a party in the arbitration. ARBITRATION: The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the party or parties who fail to prevail in the proceeding. Costs may be assessed against the laborer, workman, or mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared'equally by the parties. If the arbitrator determines that a violation of th~e 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 certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final. Bidder further certifies and agrees to furnish any and/or all commodities upon which prices are extended at the price offered, and upon the conditions contained in the Specifications of the Invitation to Bid. The period of acceptance of this bid will be calendar days from the date of the bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise indicated by Bidder.) STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of on this day personally appeared who after being by me Name duly sworn, did depose and say: "I, Name of Firm foregoing on behalf of the said am a duly authorized office/agent for and have been duly authorized to execute the' Name of Firm I hereby certify that the foregoing bid has not been prepared in collusion with any other Bidder or individual(s) engaged in the same line o': business prior to the official opening of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6) months, directly or indirectly concerned in any pool, agreement or combination thereof, to control the price of services/commodities bid on, or to influence any individual(s) to bid or not to bid thereon." Name and Address of Bidder: Telephone: ( ) by: Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of Notary Public in and for the State of 1994. 00301-20 If BIDDER IS: An Individual By. .(Seal) doing business as (Individual's Name) Business address · A Partnership PhoneNo. By (Firm Name) (General Partner) Business address Phone No. A Corporation By. (Corporation Name) (State of Incorporation) By (Name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address Phone No. A Joint Venture By. By (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a partner to the joint venture should be in the manner indicated above.) END OF SF~TION A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. f,.. ~'~ C.: ;' '7 ~. ;2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING SURVEYS OF THE GENERAL PREVAILING RATE OF PER DIEM WAGES IN THE CITY FOR BUILDING TRADES AND FOR PUBLIC WORKS PROJECTS; DETERMINING THAT SUCH PREVAILING WAGE RATE SURVEYS ARE BASED UPON THE WAGES RECEIVED BY THE CLASSES OF LABORERS AND MECHANICS EMPLOYED ON PROJECTS OF A CHARACTER SIMILAR TO THE CONTRACT WORK IN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 5159a, Vernon's Texas Civil Statutes, requires the City to ascertain the general prevailing rate of per diem wages in the City for work to be performed for each craft or type of workman or mechanic needed to execute City contracts; and WHEREAS, the Association of General Contractors has conducted a survey of building trade wage rates in Dallas Coufity, Texas, which can be used for building construction projects; and WHEREAS, the United States Department of Labor has prepared a survey of wage rates for public works projections; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the prevailing wage rate survey for building trades in Dallas County, prepared by the Association of General Contractors, be, and the same is hereby, adopted as the general prevailing rate of per diem wages in the City of CoppeL1 for building trades. A true and correct copy of the Association of General Contractors wage rate survey is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the prevailing wage rate survey conducted by the United States Department of Labor for public works projects be, and the same is hereby, adopted as the general prevailing rate of per diem wages for public works projects in the City. A true and correct copy of the United States Department of Labor wage rate survey is attached hereto as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. That in the event of any conflict between the prevailing wage rates stated in the adopted surveys for a particular trade or position, the higher rate for that trade or position shall be applied. SECTION 4. This resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~' '-~day of /~.<./,-~.t~ , 1994. .. APPROVED: TOM MORTON, MAYOR ATTEST: ~ s s r-. crrY SECRETARY APPROVED AS TO FORM: PETER G. SMITJrI, CITY ATTORNEY SECTION 00500 AGREEMENT STATE OF TEXAS } COUNTY OF DALLAS } THIS x -ns A.D. 1995, by and ~the CITY O.F CibPPELL ofthe County of DALL~ and State _of Texas, th to du y uthor to do, of the Part, berdnat~ tenne~/NE~ and River Vall~ Emerpfiaes ofthe City of RockwaH, County Rockwall and State of'P'exas, Party of tl~ Second Part, herein~er termed CONTILACTOR. WITNESSE~: That for and in consideration of the payments and agreements hereinafter 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 I - Grapevine HI - SS 94-02 and aH 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 rtmtefials, supplies, machinery, equipment, tools, superintendmce, 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 Spedal 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. ~d the City of Coppell Engineering Department herein entitled the ENGINEER, e~ch of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR's written Proposal, the General Conditions of Agreement, and the Perfommnc~ and Payment Bonds hereto attach~ aH of which are made a part hereof and collectively evidence ~nd constitute the entire contract. The Conlra~r hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been/jven to him, and to substantially complete the same within 120 calendar workin~ days afl~ the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current fund the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract Section 00500 Agreement Page 2 IN WITNESS WI4~RF_~F, the parties to these pr~nts have executed this Agreement in the yeatr and day first above written. CITY OF COPPELL RIVER VALLEY ENTERPRISES Party of theist Part (OWNER) ATTE~ · Party of the Second Part (CONTRACTOR) 00700-1 SECTION O07OO GENERAL CONDITIONS (SEE ATTACHED EJCDC DOCUHENT NO. 1910-8, 1990 EDITION) This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By CnnL I 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 Associated General Contractors of America The ~ 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 concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary C~-',~:;;.ions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council Ioi5 15tl~ 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 GENEI~L CONDITIONS Article or Paragraph Number & Title 1. DEFINITIONS ....... - ............................ Page Number 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 !. 10 Contract Documents .................. 13 I. I I Contract Price ........................ 13 I. 12 Contr~t Times ....................... 13 1.13 CONTRgEI~R ...................... 13 I. ! 4 defective ............................. 13 I. 15 Drawings ............................. 13 1.16 Effective Date of the Agreement ...... 13 1.17 ENGINEER .......................... 13 I. 18 ENGINEER's Consultant ............. 13 I. 19 Field Order ........................... 13 1.20 General Requirements ................ 14 1.21 HaTardous Waste ..................... 14 1.22 Laws and Regulations; Laws or Regulations ........................ 14 ! .23 Liens ................................. 14 1'.24 Milestone ............................. 14 1.25 Notice of Award ...................... 14 1.26 Notice to Proceed .................... 14 1.27 OWNER ............................. 14 1.28 Partial Utilization ..................... 14 1.29 PCBs ................................. 14 1.30 Petroleum ............................ 14 1.31 Project ............................... 14 1.32 Radioactive Material .................. 14 1.33 Resident Project Representative ....... 14 1.34 Samples .............................. 14 i.35 Shop Drawings ....................... 14 ! .36 Specifications ......................... 14 1.37 S-bcontractor ........................ 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions ............ 14 1.40 Supplier .............................. 14 1.41 Underground Facilities ................ 14 1.42 Unit Price Work ...................... 14 !.43 Work ................................. 15 1.44 Work Change Directive ............... 15 !.45 Written Amendment .................. 15 2. PRELIMINARY MATTERS ...................... 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 Starting the Work ..................... 15 Article or Paragraph Page Number & Title Number 2.5-2.7 Befor~ Starting Construction; CONTRAL-'I~R's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 15 2.8 Preconstruction Conference ........... 15 2.9 Initially Acceptable Schedules ......... 16 3. CONTRACF DOCUMENTS: INTENT. AMENDING, REUSE ............................ 16 3. I-3.2 Intent .................. = ............. 16 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving 16 Discrepancies ...................... 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 4.1 Availability of Lands .................. 17 4.2 Subsurface and Physical Conditions ... 17 4.2.1 Reports and Drawinss ................ 17 4.2.2 Limited Reliance by CO~R 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 I~nts Change . 18 4.2.6 Possible Price and Times Adjustments. 18 4.3 Physical Conditions=Underground 18 Facilities ........................... 4.3.1 Shown or Indicated ................... 18 4,3.2 Not Shown or Indicated .............. 19 4.4 Reference Points ...................... 19 4.5 Asbestos, PCBs, Petroleum, Hazardooa Waste or Radioactive Material ...... 19 5. BONDS AND INSURANCE ..................... 20 5.1-5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 Performanee, Payment and Other Bonds. Licensed Sta'efies and Insurers; Certificates of Insurance ............ 20 CONTRACTOR's Liability Insurance . 20 OWNER's Liability Insurance ........ 21 Property Insurance ................... 21 Boiler and Machinery or Additional Property lnsm'atw~ ................. 21 Notice of Cancellation Provisions ..... 21 CONTRACTOR's Responsibility for Deductible Amounts ................ 22 Other Special Insurance ............... 22 Waiver of Rights ...................... 22 Article or Paragraph Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5. i 5 Partial Utilization---Property 23 Insurance .......................... 6. CONTILACTOR'S RESPONSIBILITIES .......... 23 6.1-6.2 Supervision and Supen'ntondence ...... 23 6.3-6.5 Labor, Materials and Equipment ...... 23 6.6 Progress Schedule .................... 23 6.7 Substitutes and "Or-Equai" Items; 6.8-6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 23 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 Patent Fees and Royalties ............. 25 Permits ............................... 25 Laws and Regulations ................ 25 Taxes ................................ Use of Premises ...................... 26 Site Cleanliness ....................... 26 Safe Structural Loading ............... 26 Record Documents ................... 26 Safety and Protection ................. 26 Safety Representative ................. 26 H~nrd Communication Programs ..... 27 6.31-6.33 6.34 7. OTHER WORK .................................. 7.1-7.3 Related Work at Site .................. 7.4 Coordination 8. OWNER'S 8.1 8.2 8.3 8.4 8.5 Emergencies .......................... 27 Shop Drawings and Samples .......... 27 Submittal Procedures; CONTR/ClX3R's Review Prior to Shop Drawing or Sample Submittal . 27 Shop Drawing & Sample Submittals Review by ENGINEER ............ 27 Responsibility for Variation From Contract Documents ................ 27 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 27 Continuing the Work .................. 28 CO~R's General Warranty and Guarantee ............ 28 Indemnification ....................... 28 Survival of Obligations ................ 28 RESPONSIBILITIES ................. 29 Communications to Contractor ........ 29 Replacement of ENGINEER .......... 29 Furnish Data and Pay Promptly When Due ................................ 29 Lands and Easements; Reports and Tests ............................... 29 Insurance ............................. 29 Article 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 CONTRACIOR's Services ......... 29 8.9 Limitations on OWNER's Respons~ilities ..................... 30 8.10 Asbestos, PCBs, Petroleum. H~Tnrdous Waste or Radioactive Material ...... 30 8.11 Evidence of Financial Arrangements .. 30 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 30 9.1 OWNER's Representative ............ 30 9.2 Visits to Site .......................... 30 9.3 Project Representative ................ 30 9.4 Clarifications and Interpretations ...... 30 9.5 Authorized Variations in Work ........ 30 9.6 Rejecting Defective Work ............. 30 9.7-9.9 Shop Drawings, Change Orders and 31 Payments .......................... 9.10 Determinations for Unit Prices ........ 31 9.1 i-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter ................... 3 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 31 10. CHANGES IN THE WORK ..................... 10.1 10.2 10.3 10.4 10.5 i i. CHANGE 11.1-11.3 11.4 il.5 11.6 11.7 1 !.8 11.9 12. CHANGE 12.1 12.2 12.3 12.4 32 OWNER Ordered Change ............ 32 Claim for Adjustment ................. 32 Work Not Required by Contract Documents ......................... 32 Change Orders Notification of Surety ................. 32 OF CONTRACT PRICE .............. 32 Contract Price; Claim for Adjustment; Value of the Work .................. 32 Cost of the Work ..................... 33 Exclusions to Cost of the Work ....... 34 CONTRACTOR's Fee ................ 34 Cost Records ......................... 34 Cash Allowances ..................... 35 Unit Price Work ...................... 35 OF CONTRACT TIMES .............. 35 Claim for Adjustment ................. 35 Time of the Essence .................. 35 Delays Beyond CONTRACTOR's 35 Control ............................ Delays Beyond OWNER's and CONTRACIOR's Control .......... 35 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .......................................... 13. i Notice of Defects ..................... 36 13.2 Access to the Work ................... 36 13.3 Tests and Inspections; Contractor's Cooperation ........................ ~ Article or Paragraph Page Number & Title Number 13.4 OWNER's Responsibilities; Independent Testing Laboratory .... 36 13.5 CONTRACTOR's Responsibilities ..... 36 1 3.6-1 3.7 CoveringWork Prior to Inspection, Testing or Approval ................ 36 13.8-13.9 Uncovering Work at ENGINEER's Request ............................ 36 13.10 OWNER May Stop the Work ......... 36 ! 3. I I Correction or Removal of Defective Work ............................... 37 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 13.14 OWNER May Correct Defective Work ............................... 37 14. PAYMENTS TO CONTRACTOR AND 37 COMPLETION ................................. 14. I Schedule of Values .................... 37 14.2 Application for Progress Payment ..... 38 14.3 ' CONTRACTOR's Warranty of Title ... 38 14,4-14.7 Review of Applications for Progress Payments ................. 38 14.8-14,9 Substantial Completion ............... 39 14.10 Partial Utilization ..................... 39 14. I I 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 ................................ 15.1 OWNER May Suspend Work ......... 15.2-15.4 15.5 40 40 OWN ER May Terminate .............. 40 CONTRACTOR May Stop Work or Terminate .......................... 41 16. DISPUTE RESOLUTION ....................... 41 17. MISCELLANEOUS ............................. 42 17. I 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 EXHIBIT GC-A (Optional): Dispute Resolution Agreement (Optional) ..... GC-AI 16.1-16.6 Arbitration .................... GC-AI 16.7 Mediation ..................... GC-A2 INDEX TO GENERAL CONDITIONS Article or Paragraph. Number Acceptance Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4. i, 13. i 3, 13.15 final payment ................................. 9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ......................7.3 Substitutes and "Or-Equal" Items .................. 6.7. Work by OWNER ........................ 2.5.6.30, 6.34 Access to the-- Lands, OWNER and CONTRACTOR responsibilities ..................................... 4. I site, related work .................................... 7.2 Work ................................... 13.2, 13.14, 14.9 Acts or Omissions~, Acts and Omissions~ CONTRACTOR ............................ 6.9.1.9.13.3 ENGINEER ................................ 6.20. 9.13.3 OWNER ....................................... 6.20, 8.9 Addenda~definition of (also see definition of Specifications} ........... Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... !.5, 3.5.4. i. 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4. II, 12, 14.8, 15.1 progress schedule .................................... 6.6 Agreement-- definition of .......................................... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... I 1.8 Amending Contract Documents ......................... 3.5 Amendment, Written-- in general .... i.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, il.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment-- definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5.14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos--- claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1,8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4. I, 8.4 Award. Notice of--defined ............................ 1.25 Before Sta:'ting Construction ........................ 2.5-2.8 Bid--definition of ...................................... 1.5 (I.I. 1.10, 2.3, 3.3, 4.2.6.4.6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents~<lefinition 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 .................................. 11.5.4 definition of .......................................... 1.8 delivery of ...................................... 2. I. 5. I final application for payment ................. 14.12-14.14 general ............... 1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other ................. 5. I-5.2 Bonds and Insurance--in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4~11., 5.8, 5.15 Cash Allowances ...................................... I 1.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14. i 2 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8. ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price-- Cash Allowances ................................... I 1.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5.5.15, 6.8.2. 9.4,9.5,9.11, 10.2, 10.5, !1.2, 13.9. 13.13, 13.14, 15.1, 15.5 CONTRACIT)R's fee ............................... 11.6 Cost of the Work general ...................................... 1 !.4-11.7 Exclusions to ....................................... i i.5 Cost Records ....................................... I 1.7 in general .............. 1.19, !.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 ........................... ' .........! i.9 Value of Work ...................................... 1 i.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 Delays beyond CONTRACFOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol ............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders-- Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ................................... 11.8 Ii Change of Contract Price ............................. Change of Contract Times ............................ 12 Changes in the Work .................................. 10 CONTRACTOR's fee ............................... 11.6 Cost of the Work ............................... I 1.4- I 1.7 Article or Paragraph Number Cost Records ....................................... I 1.7 definition of .......................................... 1.9 emergencies ........................................ 6.23 ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physica~ Conditions-- 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 .................................... il.9 value of Work, covered by .......................... I 1.3 Changes in the Work ...................... ; ............. 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims~ against CONTRACTOR ............................. 6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4, 1 !.2 Change of Contract Times ...................... 9.4, 12.1 CONTILa, CI~R's 4, 7. I, 9.4, 9.5, 9.1 I, 10.2, 11.2, I 1.9, 12.1, 14.8, 15.1, 15.5, 17.3 CO~R's Fee .............................. ! 1.6 CONTRACTOR'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 Resolution .................................. 16. ! Dispute Resolution Agreement .................. 16. i-16.6 ENGINEER as initial interlxetor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professiona~ Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9. i I Substitute items .................................. 6.7.1.2 Time Extension .....................................12. I Time requirements ............................ 9.11, 12.1 Unit Price Work .................................. 11.9.3 Value of ............................................ I 1.3 Waiver of-on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9. !1, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9. I i Clean Site ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times .....................2.3 Communications-- Article or Paragraph Number general .................................... 6.2, 6.9.2, 8. I Hazard Communication Programs ................... 6.22 Completion-== Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ......................... 17.2. I - 17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6. I I Conferences-- initially acceptable schedules ......................... 2.9 preconstruction ...................................... 2.8 Conflict, Error, Ambiguity, Discrepancy-- CONTILACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction 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 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. I I definition of ........................................ i.10 ENGINEER as initial interpreter of ................. 9. I ! ENGINEER as OWNER's representative ............ 9.1 ~enerai ................................................ 3 Insurance ............................................ 5.3 Intent ............................................ 3. I-3.4 minor variations 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. I. 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 Supplementing ....................................... 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work ............... .... I !.9 variations .................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price-- adjustment of ............... 1 3.5, 4.1, 9.4, 10.3, I 1.2-11.3 Change of ............................................ II 9.11 Decision on Disputes ............................... I.II definition of ........................................ Contract Times-- adjustment of ...................... 3.5, 4.1, 9.4, 10.3.12 Change of ...................................... 12.1-12.4 Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ !.12 CONTRACTOR-- Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ................................ 6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal. 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's-- Compensation .................................. 1 I. i-I 1.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13. II Duty to Report-- Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2,3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated ........ : .....4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ................................... I 1.4.5.3 Fee--Cost-Plus ..................... I 1.4.5.6, I 1.5.1, 11.6 Gener4 Wan'amy and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14. i Liability Insurance ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5. I 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. I I Responsibilities-- Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others. 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACI13R's expense ....................... 6.7. I CONTRAC'I~R's General Warranty and Guaran- tee ............................................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ..................................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation. Substitutes or "Or-Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6, 7.2, 7.3, 8.9 HaTnrdous Communication Programs .............6.22 Indemnification ..............................6.3 i-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 Submitlal Procedures ............................. 6.Z5 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or-Equal" Items ................ 6.7. I Superintendence ................................... 6.2 Supervision ........................................ 6. ! Survival of Obligations ............................ 6.34 Taxes ............................................ 6.15 Tests nnd 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 changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 11.4.4 Special Consultants ............................... Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or-Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6. I I Supervision and Superintendence ........... 6. !, 6.2, 6.21 Taxes, Payment by ..................................6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required-- CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions ............................................. 4.2.3 Substantial Completion ........................... 14.8 CONTRAC'1'ORS--other ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination Article or Paragraph Number CONTRAClX3R'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 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost-- of Tests and inspections ............................. 13.4 Records ............................................ 1 !.7 Cost of the Work-- Bonds and insurance, additional ................. ! !.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. I 1.4.5. I Exclusions to ....................................... 11.5 General ........................................ ! 1.4-1 !.5 Home office and overhead expenses 11.5 Losses and damages ............................. ! !.4.5.6 Materials and equipment .......................... ! 1.4.2 Minor expenses ................................. 11.4.5.8 Payroll costs on changes .......................... 1 !.4.1 performed by Subcontractors ...................... I !.4.3 Records ............................................ 11.7 Rentals of construction equipment and machinery. 11.4.5.3 Royalty payments, permits and license fees ...... I 1.4.5.5 Site office and temporary facilities ............... I 1.4.5.2 Special Consultants, CONTRACFOR'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 .................................. !1.4.2 Utilities, fuel and sanitary facilities ............... 11.4.:5.7 Work after regular hours .......................... i 1.4. I 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 defective--definition of ................................ I. 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 4.1.6.29, 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9. I0 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ....... ...................... 4.2.4 Possible Contract Documents Change ............... 4 .... Possible Price and Times Adjustments .............. 4.2.6 ... 3.3... 6.14._ Discrepancies-Reporting and Resolving . 2.5. Dispute Resolution--- Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16. i-16.5 general ............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER ....... .. ...... 9.11-9.12 Documents-- Copies of ............................................... Record ............................................. 6.19 Reuse of ............................................. 3.7 Drawings-definition of ............................... !. 15 Easements ............................................. 4. Effective date of Agreement. definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER-- a~ initial interpreter on disputes ................. 9. I I-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities ................................. 9.13 Replacement of .......................... = ........... 8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant-==definition of ...............!. 18 ENGINEER's--- authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7, 10, I i, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes ........ ~ ........... ....... 9. i I-9. i 2 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. I 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. ! 2 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.1 I-9. i ENGINEER's Responsibilities ................ 9. I-9. I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative ......................... 9. I Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site ...................................... 9.2 Unit Price Determinations ........................... 9. l0 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 ................ I 1.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions ................................... 6.33 Evidence of Financial Arrangements ................... 8. I I Explorations of physical conditions ................... 4.2. I Fee. CONTRACTOR's--Costs-Plus ................... I 1.6 Field Order~ definition of ........................................ i. 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 ........................ I 1.8 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~y CONTRACTOR .............................. 6.30, 14.12 Hn:,ard Communication Programs ..................... 6.22 Hazardous Wastem definition of ........................................ 1.21 g~neral .............................................. 4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6. ! 2, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection-- Certificates of ......................... 9.13.4, 13,5, 14.12 14.11 Final .............................................. Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 InsuranceM Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ................................. 11.4.5.9 Before starting the Work ............................. 2.7 Bonds and--in general ................................. 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14. 9.13.4. 14.12 completed Ol~rations .............................. 5.4.13 CONT~ ACTC)R's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts. CONTRACTOR's responsibility .................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers .................................... 5.3 Notice requirements, material changes .................................. 5.8, 10.50 Option to Replace .................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability .................................. 5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ...............5.15 Property ........................................ 5.6-5. l0 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5. l0 Waiver of Rights .................................... 5. I I Intent of Contract Documents ....................... 3. I-3.4 Interpretations and Clarifications ................. 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. i, 8.4 Reports & Tests ..................................... 8.4 Laws and Regulations---Laws or Regulations-- Bonds ........................................... 5. I-5.2 Changes in the Work ................................ 10.4 Contract Documents ................................. 3. I CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... ! 1.4.5.4 definition of ........................................ 1.22 general ............................................. 6.14 lndemnifw, ation ................................ 6.31-6.33 Insurance ............................................ 5.3 Precedence .................................... 3. I, 3.3.3 Reference to ....................................... 3.3.1 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 Insurancet CONTR3~R's .................................... 5.4 OWNER's ........................................... 5.5 Licensed Sureties and insurers ......................... 5.3 Liens-- Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ........................................ 1.23 Waiver of Claims .................................. 14.15 Limitations on ENGINEER's authority and responsibilities ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ...... a.2.2 Maintenance and Operating Manuals-- Final Application for Payment ...................... 14.12 Manuals (of others)-- Precedence ....................................... 3.3.3. I Article or Paragraph Number Reference to in Contract Documents ................ 3.3. I Materials and equipmentt furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment--equivalent ..................... 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 Multi-prime contracts .................................... 7 Not Shown or Indicated .............................. 4.3.2 Notice oft Acceptability of Project ............................ 14.13 Award, definition of ................................. i.25 Claim .............................................. 17.3 Defects ............................................. ! 3. ! Differing Subsurface or Physical Conditions .......... 4.2.3 Giving .............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed-- definition of ........................................ 1.26 giving of ............................................. 2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30, 9.2 Occupancy of the Work ................ 5.15.6.30.2.4, 14.10 Omissions or acts by CONTILACTOR .............6.9, 9.13 "Open peril" policy form, Insurance ................... 5.6.2 Option to Replace ..................................... 5.14 "Or Equal" Items ...................................... 6.7 Other work .............................................. 7 Overtime Work--prohibition of ......................... 6.3 OWNER-- 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, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7. I permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.10 OWNER's--- Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute .................................... 8.6, 10.4 Communications ..................................... 8. I 7.4 Coordination of the Work ............................ 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 ................................... 13.1 Representativet During Construction, ENGINEER's Status ............................ 9.1 Responsibilities-- Asbestos, PCB's. Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders .................................... 8.6 Changes in the Work .............................. 10. I communications ................................... 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial an-angements.. ............... 8. ! I inspections, tests and approvals .................... 8.7 Insurance ..................................... '.... 8.5 lands and easements ............................... 8.4 prompt payment by ................... ' ............. 8.3 replacement of ENGINEER ....................... 8.2 reports and tests ................................... 8.4 stop or suspend Work ......... . ......... 8.8, 13.10, 15.1 terminate CONTRACTOR'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. !, 6.3, I i.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs-- definition of ........................................ 1.29 general .............................................. 4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization-- definition of ........................................ i.28 ... 6.30.2.4, 14.10 general ................................ 5.1:5 Property Insurance ................................. Patent Fees and Royalties ............................. 6.12 Payment Bonds .......................... ' ........... 5.1-5.2 Payments, Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion-- Application for Progress Payments .................. 14.2 CONTR,aCTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 · 14.11 Final Inspection ................... . ................ Final Payment and Acceptance ............... 14.13-14.14 general ........................................... 8.3, 14 Partial Utilization ..................................14.10 Retainage ........................................... 14.2 Review of Applications for Progress 14.4-14.7 Payments ................. . ......... 8.3 prompt payment ............................ 14. I Schedule of Values .................................. Substantial Completion ............. · .. 14.8-14.9 14.15 Waiver of Claims .................................. .... 14.4, 14.13 when payments due ...................... .. 14.7 withholding payment .............................. Performance Bonds .................................5.1-5.2 6.13 Permits ............................................... Article or Paragraph Number Petroleum-- definition of ........................................ 1.30 general ............................................. : 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions-- Drawings of. in or relating to ..................... 4.2.1.2 ENOINEER's review .............................. 4.2.4 existing structures .................................. 4.2.2 genera{ ........................................... 4.2. {.2 Subsurface and ....................................... 4.2 Under~und Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2. ! Notice of Differing Subsurface or, .................. 4.2.3 4.2 Subsurface and ...................................... Subsurface Conditions ............................4.2. I. I Technical Data, Limited Reliance by CONTRACTOR 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. I Technical Data ..................................... 4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules .................................. 2.6 Premises, Use of .................................6.16-6.18 Price, Change of Contract ............................... i I Price, Contract~efinition of .......................... I. i I Progress Payment, Applications for .................... 14.2 Progress payment--retainage .......................... 14.2 Pro~'ess schedule, CONTRAC'fOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project--definition of .................................. 1.31 Project Representative-- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident ~efinition of ...................................... 1.33 prompt payment by OWNER ...........................8.3 Property Insurance Additional ........................................... 5.7 general .......................................... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive Material-- definition ........................................... 1.32 general .............................................. 4.5 OWNER's responsibility for ........................8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Article or Paragraph Number Regulations. Laws and (or} ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work-- at Site ........................................... 7. I-7.3 Performed ~rior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................17.4, 17.5 Removal or Correction of Defective Work .................................... 13.11 rental agreements, OWNER approval required ...................................... 11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports=- and Drawings ...................................... 4.2. I and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative-- definition of ........................................ i.33 provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities~ CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on .................................... 9.13 OWNER's-in general .................................. 8 Retainage ............................................. 14.2 Reuse of Documents ................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progxess Payments ...................................... 14.4-14.7 Right to an adjustment ................................ 10.2' Rights of Way ........................................... 4. ! 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 6.20-6.23 general ........................................ Representative, CONTRACTOR's ................... 6.21 Samples~ definition of ........................................ i.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.2? related Work ........................................ 6.28 submittal of ....................................... 6.24.2 submittal procedures ................................ 6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2,9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules-- Adherence to ..................................... 15.2.1 Adjusting ............................................ 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary .......................................... 2.6 Scope of Changes .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2. I. I 10 Article or Paragraph Number Shop Drawings~ and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................1.35 ENGhqEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.246.28 related Work ........................................ 6.28 review procedures ......................... 2.8. 6.246.28 submittal required ................................. 6.24. i 6.25 Submittal Procedures ............................... use to approve substitutions ........................ 6.7.3 Shown or Indicated ...................................4.3. I Site Access ....................................... 7.2, 13.2 Site Cleanliness ....................................... 6.17 Site, Visits to-- by ENGINEER ................................ 9.2. 13.2 by others ........................................... 13.2 "Special causes of loss" policy form. insurance ....... 5.6.2 Specifications--- definition of ........................................1.36 of Technical Societies, reference to .................3.3. I precedence ........................................ 3.3.3 Standards and Specifications of Technical Societies .......................................... 3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work-- by CONTRACTOR ................................. !:5.5 by OWNER ............................. 8.8. 13.10. 15.1 Storage of materials and equipment ................. 4. i, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor-- Concerning ......................................6.8-6.11 definition of ........................................ !.37 delays .............................................. 12.3 waiver of rights ..................................... 6. I I Subcontractors--in general ........................ 6.8-6.1 I Subcontracts--required provisions ........ 5. i i, 6. 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 6.246.28 Samples ....................................... 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 Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 F'-~GINEER's Evaluation .......................... 6.7.3 "Or-Equal" . ....................................... 6.7. I Substitute Construction Methods of Procedures ..... 6.7.2 II Article or Paragraph Number Substitute. Items .................................. 6.7.1.2 Subsurface and Physical Conditions-- Drawings of. in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general ........................ ...................... 4.2 Limited Reliance by CONTRACTOR Authorized ............................... ~ .... 4.2.2 Notice of 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 Subsurface Conditions at the Site ................. 4.2. I. I Technical Data ..................................... 4.2.2 Supervision~ CONTRACIOR's responsibility ...................... 6. I OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence ....................................... 6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 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. I I, 6.8, 6.13, 7.4, 8. I I, 9.3, 9.10 Supplementing Contract Documents .................... 3.6 Supplier-- definition of ........................................ !.40 principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights .................................... 6.1 I Surety-- consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualifw, ation of ................................... 5. I-5.3 Survival of Obligations ................................ 6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination-- .................. 15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work · ......15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes-Payment by CONTRACTOR .................... 6.15 Technical Data-- Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary consm~ction facilities ........................ 4. I Termination-- by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8. 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................15 3.4 Terms and Adjectives .................................. Tests and Inspections-- Article or Paragraph Number Access to the Work. by others ......................13.2 CONTRACTOR's responsibilities .................... 13.5 cost of .............................................. 13.4 covering Work prior to ......................... 13.6-13.7 Laws and Regulations (or) ..........................13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request .................................... 13.8-13.9 Times-- Adjusting ............................................ 6.6 Change of Contract ................................... 12 Adjusting ............................................ 6.6 Computation of .....................................17.2 Contract Times~definition of .......................I, 12 day ................................................. 17.72 Milestones ........................................... 12 Requirements-- appeals .......................................... 16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstmction cOnference ......................... 2.8 schedules ................................. 2.6, 2.9, 6.6 starting the Work ..................................2.4 Title, Warranty of ..................................... 14.3 Uncovering Work ................................ 13.8-13.9 Underground Facilities, Physical Condition~ definition of ........................................ 1.41 Not Shown or Indicated ............................ 4.3.2 protection of ................................... 4.3, 6.20 Shown or Indicated ................................ 4.3.1 Unit Price Work-- 11.9.3 claims ............................................ definition of ........................................ 1.42 general .................................. 11.9, 14.1.14.5 Unit Prices-- general ........................................... I 1.3.1 Determination for ................................... 9.10 Use of Premises ........................ 6.16. 6.18. 6.30.2.4 Utility owners ...................... 6.1:;, 6.20, 7.1-7.L i:;.2 Article or Paragraph Number Utilization. Partial ............... i.28, 5.15.6.30.2.4, 14.10 Value of the Work ..................................... 11.3 Values. Schedule of ....................... 2.6. 2.8-2.9. 14.1 Variations in WorkmMinor Authorized ................................ 6.25, 6.27.9.5 Visits of Site--by ENGINEER ......................... 9.2 Waiver of Claims-on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............... 5. I I, 6.1 I Warranty and Guarantee. General--by CONTRACTOR .................................... 6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Workm Access to ........................................... 13.2 by others ............................. ; ................ 7 Changes in the ....................................... 10 Continuing the ...................................... 6.29 CONTRACTOR May Stop Work or Terminate ................................... 15.5 Coordination of ...................................... 7.4 Cost of the ..................................... 11.4-11.5 definition of ........................................ 1.43 neglected by CONTRACTOR ...................... 13.14 other Work ............................................ 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site ............................. 7. I-7.3 Starting the .......................................... 2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER .......................... 15.1-15.4 Variation and deviation authorized, minor ........................................... 3.6 Work Change Directive-- claims pursuant to .................................. 10.2 1.44 definition of ........................................ principal references to .................... 3.5.3, 10.1-10.2 Written Amendment-- definition of ........................................ 1.45 principal references to ... !.i0, 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 .. 3.6.3, 9.4, 9. I I Interpretations ......................... 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, il.2, 13.14 12 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both thc singular and plural thereof: I.I. AddendatWritten or graphic instruments issued prior to thc opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. AgreementtThe 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. i.4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid.-The offer or proposal of the bidder submitted on the prescrihed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents--The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements--The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. i.8. Bonds~l~rfonnance and Payment bonds and other instruments of security. 1.9. Change Order--A document recommended by ENGi- NEER, which is signed by CO~R 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. !.10. Contract Documents--The Agreement, Addenda (which pertain to the Contract Documents), CONTRACI'OR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Awazd) 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, tngether with all Written Amendments, Change Orders. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.'1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 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 the Contract Documents as stated in the Agreement (subject to the provisions of paragraph I 1.9. I in the case of Unit Price Work). I. 12. Contract Times--The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. I. 13. CONTRACTOR~The person, firm or corporation with whom OWNER has entered into the Agreement. I. 14. defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection. reference standard, test or approval referred to in the Contract Documents. or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings--The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents, Shop drawings are not Drawings as so defined. !.16. Effective Dote 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 sign and deliver. I. 17. ENGINEER--The person, firm or corporation named as such in the Agreement. I. 18. ENGINEER's Consuhant--A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementan, y, Conditions. I. 19. Field Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.20. General Requirements--Sections of Division I of the Specifications. 1.21. Hazardous WastewThe term Ha:,ardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations: Laws or RegulationswAny and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies. authorities and courts having jurisdiction. 1.23. Liens--Liens. charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone--A principal event specified in thc Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice of Award--The 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. i,26. Notice toProceed--A written notice given by OWNER 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 perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER--The public body or authority, cotgom- tion, association, firm or person with whom CONTRACTOR has entered into thc Agreement and for whom thc Work is to be provided. 1.28. Partial Utilization--Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs--Polychlorinated biphenyls. 1.30. Petroleum--Petroleum. including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 del~rees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Wastes and crude oils. 1.3 I. Project--The total construction of which thc Work to be provided under the Contract Documents may be the whole, or a part 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-- Thc authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples--Physical cxamplcs of matcrials, cquipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings--All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Speci. fications--Those portions of thc Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to thc Work and certain administrative details applicable thereto. 1.37. Subcontractor~An individual, firm or corporation having a direct contract with COWIT~CIOR or with any other Subcontractor for the performance of a part of thc Work at thc site. 1.38. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in thc 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 it'no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with 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. Supplementary Conditions~The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier--A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities--AIl ~pelincs, 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: electricity, gases, steam. liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. !.42. Unit Price Work--Work to be paid for on the basis of unit prices. 14 1.43. Work--The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and fumishing docu- ments, ail as required by the Contract Documents. 1.44. Work Change DirectivewA written directive to CON- TRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which thc Work is to be 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 be incorporated in a subsequently issued Change Order following negotiations by the pm-tics as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. !.45. Written AmendmentmA written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Docu- ments. ARTICLE 2--PRELIMINARY MATTERS D~lis~y of Bond~: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CO~R shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with para~ 5. I. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 2.3. Thc Contract Times will commence to mn on the thirti- eth da;' atter the Effective Date of the Agreement, or. ifa Notice to Iq c~ _*>tel__ is given, on the day indicated in the Nodce to Procee_d. A Notice to Proceed may be given at any time within thirty days after thc Effect!ye Date of thc Agreement. In no event will the Contract Times commence to run Later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Dale of the Agreement, whichever dale is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undetnaking each part .of the Work. CON- TRACTOR shall carefully study ami compare the Contract Documents and check and verify! pertinent figures shown thereon and all applicable field measurements. CONTRAC- 'FOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- 'FOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACIOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACIOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2. a preliminat~ schedule of Shop Drawing and Sam- pie submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient '~ctail to serve as thc basis for p~ss payments during conStruCtion. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR' and OWN ER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Pr~construc~ion Conference: 2.8. Within twenty days after the Contract Times start to run. but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and olher submittals, processing Applications for Payment and maintaining required records. Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRAC'IDR concerning the Work. Thc Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known 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. 3.3. Reference to Staadan~ aad Speci~atioas of Technical 3.3.1. Refe~nce to stud, s. s~cifi~tions, manuals or c~es of any technical ~iety. o~ni~tion or as~iation. or to the ~ws or Re~lations of any governmental autho~ty. whether such reference ~ s~ific or by impl~tion, shall m~n t~ latest smnd~, s~cifi~tion, mariuS, c~e or ~ws or Re~lations in eff~t at t~ time of o~ning of Bids (or. on the Effective ~te of t~ A~ment if t~ were no Bids). except as may ~ othe~ig s~cifi~lly stated in the Cont~t ~uments. 3.3.2. If. dufi~ the ~ffo~ce of the Wo~. CON- T~R discove~ any conflict, e~or. ambiguity or dis- c~y within the Contract ~u~nts or ~tween the Cont~t ~uments a~ any pmvis~n of any such ~w or Regulation appli~ble to the ~ffo~ce of the Wo~ or of any such st~a~, s~cifi~tion, manual or c~c or of any inst~ction of any Supplier reread to in path 6.5. CONTR~R shall m~n it to ENGINEER in w6ting at once, and, CONTRA~R s~l not pr~e~ with ~he Work ~t~ t~reby (except in an eme~ency as authofiz~ by ~ph 6.23) until an ~nt or supple~nt to the Contract ~uments h~ ~n iss~ by one of the meth~s indicat~ in ~ph 3.5 or 3.6: prov~, however, that CONTRA~R shall not ~ liable to OWNER or ENGI- NEER for f~lu~ to rein any such conflict, e~or. ambigu- ity or discm~cy unless CONT~R knew or r~n- ably sh~ld have k~wn the~. 3.3.3. Ex,pt ~ ot~i~ s~ifi~ly smt~ in the Contract ~uments or ~ ~y ~ pmvid~ by ~ment or supplement t~mt0 issued by one of t~ metes i~i- ~t~ in p~mph 3.5 or 3.6, the provisions of t~ Cont~t ~uments s~ll rake p~de~e in ~lving any conflict, e~r, ~bi~ity or dig~y ~tw~n t~ provisions of the Cont~t ~u~nts a~: 3.3.3.1. the provisions of any such sm~, s~ci- fication, manual, c~e or instruction (whet~r or not s~cifi~ly in~mt~ by ~fe~n~ in the Cont~t ~uments); or 3.3.3.2. the provisions of ~y such ~ws or R~- lations appli~ble to t~ ~ffo~e of the Wo~ (unless such an inte~n of ~ provisions of t~ Cont~t ~u~nts w~M gsult in violation of such ~w or R~iat~n). No provision of any such smnd~, s~cifi~tion, manual. c~e or instmct~n sh~l ~ effective to change the duties and ms~nsi~lities of O~ ER. cO~R or ENGINEER. or any of ~heir su~ontmctom, consul~ts. ~ents. or em- ployees from tho~ se~ fo~h in the Contract ~uments. nor s~l i~ ~ eff~tive to ~si~ to OWNER. ENGINEER or any of ENGINEER's Consul~ts. ~ents or employees any duty or autho~ty to su~ise or direct t~ furnishing or 16 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" ,'r terms of like effect or import are used, or the adjectives" reasonable ,"" suitable." "acceptable,"" proper" or "satisfactory" or adjectives of like effect or impor~ 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. Amending and Supplementing Conmact Documents: 3.5. Thc Contract DocumenL~ 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 thc following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). 3.7. CON'I'RAC"I~R. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any 17 of the Drawings. Specifications or other documents (or copies of any thereof} prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant. and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4-=AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed. rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACI~R with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Docu- ments, If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and exluipment. 4.2. Subr4uface and Pkysicai Cond/a~ms: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.I.!. Subsurface Conditions: Tho~e reports of explo- 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 Conditions: Those drawings of physical conditions in ir relating to existin, g surface or subsurface structures at or contiguous to the site (except Underground Facilities) that haye been utilized by ENGINEER in prepar- ing the Contract Documents. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CO~R may rely upon the general accuracy of the "technical data" contained in such repons and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical d :ta," C~NTRACI'OR may not rely upon or make any claim against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2. I. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to. any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACI~DR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data. interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: if CONTRACTOR believes that any subsurface or physical condition at or 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. I and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs 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 CONTRACI'OR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTR,a"'TOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: if ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3.. a Work Change Directive or a Change 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 equitable 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 CONTRACIX3R's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6. I. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive: 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not he 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 i i.9; and 4.2.6.4. CONTRACI~R 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 CONTRRL-'IOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound 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, exploration, test or study of the site and contiguous areas requited by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRAC-'IOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by para&raph 4.2.3. If OWNER and CONTRACTOR are 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 be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims. costs, losses or damases sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Cond~ns---Underground Fac;--t;--~: 4.3.1. Shown or Indicated: The information and _dat_n shown or indicated in the Contract Documents with respect m existing Underground Facilities at or contiguous to the site is based on 18 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of ail of the foUowing will he included in thc Contract Price and CO~R shall have full respon- sibility for:. (i) reviewing and checking all such information and ~tn, (ii) locating all Underground Facilities showa or indicated in thc Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilitics during construction, and (iv) thc safcty and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by pm-agra,oh 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 l0 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of th: Contract Times. or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- 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 agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles i I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTR3L-'I~R for any claims, costs, losses or damages incurred or sustained by CONTRACIDR on or in connection with any other project or anticipated project. Reference Points: 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 wit~' 'he Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations 19 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 such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PC'ILs, PeWoleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs. Petroleum, H~s Waste or Radioactive Mated'al uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be respoosible for any such materials brought to the site by CON'rR,ACIDR, Subcontractor. Suppli- ers or anyone else for whom CONTR,AL-'I'OR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous 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 ha,nrdous condition or take con'ective action. if any. CONTRACTOR shall not be required to resume Work in connection with such I~a-ardous 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 area 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 agree 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 agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles i I and 12. 4.5.3. if al~er receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such bn,ardous condition or in such af- 'fected area to be deieted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work. then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRAC1~R. Subcontractors. ENGINEER. ENGINEER's Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and ~?inst all claims, costs, losses and damages arising out of or resulting from such h~Tnrdous condition. provided that: (i) any such claim, cost, loss or damage is attributablc to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against thc consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. companies that are duit licensed or authorized in thc juris- dictioa in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may he pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACYOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 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. SISalI ARTICLE 5--BONDS ANDINSURANCE Per/onnance, Payment and Other Bon~: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at lea.st until one year after the date whee final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTR,tCL-'I~R 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 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 Opera- tions. U.S. Treasury Department. 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 furnished 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 Iocatcd or it ceases to meet the requirements of paragraph 5. I, CONTRACI'OR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licetued Sureties and Insurer~; Cetttfw. ates of Insurance: 5.3. I. .a. II Bonds and insurance required by the Contract Documents to be purchased and maintained by OWN ER or CONTRA~R shall be obtained from surety or insurance CONTRAE~R'$ ~ inmrance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACIDR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by 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, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims fordamages insured by customary personal injury liability coverage which are sustained: (i) 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 for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of inju~/ to or destruction of tangibie 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 the ownership, maintenance or use of any motor vehicle. 2O The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insurers, and include coverage for the respective officers and employees of all such additional insurers; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRAC"IOR'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 covera&e ~orded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACII3R 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 furnished 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 thereafter when CONTRAC'TOR 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 years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satist'actory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability lammac¢: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER a~inst claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions. OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 21 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall 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 a_r, dnst at least the following perils fire, lightning, extended coverage, theR, vandalism and malicious mischief. earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage. and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred 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 equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated 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 otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and 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, CON'IT,),CIOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed 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 5.7 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 CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5. I 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 identif~cl in the Supplementary Conditions. The risk of loss within such iden- tiffed deductible amount, will be borne by CONTRACTOR. Subcontractor or others suffering any such loss and 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 expensc. 5.10. if CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTR~,CTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. S. li. Waiver o, f R~gt~: 5.11.1. OWNER and CONTR, ACrTOR intend that ail policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER. CONTR, ACTOR. Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds 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 d~unage the insurers will have no rights of recovery against any of the insureds or additional insurers thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, 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 against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of thc above waivers shall extend to the rishts 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 all rights a?~nst CONTRACTOR. Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them. for: 5. ! !.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by. arising out of or resulting from fire or other peril, whether or not insured by OWNER: and 5.11.2.2. loss or damage to thc completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covcrcd by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or alter final 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 5.11.2 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 a~inst any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragr~hs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage 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- merit as the parties in interest may reach, if no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as 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 made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and. if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Accel~mCe of Bonds and Insurance; Ol~on to Rel~Ce: 5.14. if either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents. the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by parag~ph 2.7. OWNER and CONTRACTOR 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 all of the Bonds and insurance required of such party bv the Contract Documents. such party shall notify the other party in writing of such failure to purchase prior to the star~ 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 22 required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Panini '~.15. It' 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 policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6~CONTRACTOR'S RESPONSIBILITIES Sapervisioa and Satperintendence: 6. I. CONTR~,CTOR shall supervise, inspect and direct the Work competently and etT~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. CONTR.AL-'TOR shall be solely responsible · for the means, methods, techniques, sequences and procedures of construction, but CONTRAC/OR 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. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACYOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. l, alx~, Matera~ and Equipment: 6.3. CONTRACTOR shall provide competent, suitablyqual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACI~R shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or tr. Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and 23 CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given 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, heat. telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary' for the furnishing, 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 thc Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and 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. Progre~ Schedule: 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. CO~R shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contr.,ct Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Sa/m/aaes and "Or-F,q~m/" Items: 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 permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or-Equal": If in ENGINEER's ~ole discre- tion an item of material or equipment proposed by CON- TRACIDR 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. I. I, 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- merited 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, CONTRAC-~FOR 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 incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be idc-~tifled in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will 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 Expense: All data to be 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 ns shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitulc means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGi- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed ~s equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7. 1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACIOR to furnish at CONTRAC'I~R's expense a special performance guarantee or other surety with respect to any "or-equar' or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRAC'I~R pursuant to paragraphs 6.7. ! .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 CONTRAC'IOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning S~beonmaea~, S~adien and Others: 6.8.1. CON~R shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of thc Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (inclodin8 those who arc to furnish thc 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 submitted a list thereof in accordance with thc Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by thc 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 duc investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the differencc 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 defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRAC'I~R just as CON~ TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRAC'I~R 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 Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 I. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- lain provisions whereby the Subcontractor or Supplier waives all fights 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 property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACq~R will obtain the same. Pattnt Fees and Royalties: 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 he disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACI'OR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR 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 no 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. 6.14.1. CONTRACTOR shall giveall notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CON~R shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACI'OR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTR~R of CONTRAC- TOR's obligations under paragraph 3.3.2. To.~e$ .' 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. ~Jse o.f Prem~s: 6.16. CO~R shaft confine construction equip- ment, the storage of materials and equipment and ~e opera- lions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- lion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regula:ions, indemnify and hold harmless OWNER, ENGi- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant ~inst OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRA~R shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not desigua~ed for alteralion by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any pan of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTI'OR subject any pan of the Work or adjacent property to stresses or pressures that will endanger it. 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (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 counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. 6.20. CONTRACTOR shall he responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the sagely 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 incorporated therein, whether in storage on or off' the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in thc course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body 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 protection. CONTR~.CTOR shall notify own- ers of adjacent property and of Underground 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 proper~y. All damage, injury or loss to any proper~y referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in parL by CON--R, any Subcontractor, Supplier or any other person or o~aniaUion 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 CO~R (excel~ damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or 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 attributable, directly or indi- rectly, in 'whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CO~R's duties and responsibilities for safety and for protection oftbe Work shall continue until such time as all the Work is completed and ENGINEER has issued a no,ice ~o OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial. Comple- tion). Safety Represent~ve: 6.21. CONTR3EIOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazmd CommOn Pregrguns: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. in emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.~4. s~, Druw/~ and Sarape: 6.24.1. CoN'rRAC-q'OR shall submit Shop Drawings to ENGINEER for review and approval in accm'dance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance 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 required by paragraph 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- mittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to he submitted will be as specified in the Specifications. 6. ~. Subm;n,,t Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CON'CRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25. i.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTILa, CTOR 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 thc Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRgETOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACI~R shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be 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 Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract 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 construction 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 the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected 'copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contracl 27 Documents unless CONTRACrTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Saznple approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with th':. requirements of paragraph 6.25. i. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC. '[OR may otherwise agree in writing. 6.30. CONTRAL'TITR's General Wanenty and Guamatee: 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. !. I. abuse, modification or improper maintenance or operation by persons other than CONT~R. Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC. TOR ur. der the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 28 6.30.2.5. any acceptance by OWNER orany failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance ora notice of accept- ability by ENGINEER pursuant to para&raph 14.13: 6.30.2.7. any inspection, test or approval by others: or 6.30.2.8. any correction ofdefectiveWork by OWN ER. 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 officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration 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 to 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 part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may he liable, regardless of whether or not caused in part by any negligence or omission of a person 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- N E ER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or orgatlization 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, the indemnification obligation under paragraph 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 CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, ofl~ers, directors, employees or agents caused by the professional negligence. errors or omissions of any of them. Survival of Obligations: 6.~4. All representations, indemnifications, warramies and guarantees made in. required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents. will survive final pay- merit, completion and acceptance of' the Work and termination or completion of the Agreement. ARTICLE 7---OTHER WORK Work at Site: 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 he performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles Ii and 12 if CONTRAC'I~R believes that such performance will involve additional expense to CONTRAC'I~R or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall nfford 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 all cutting, §tting 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 paragraph are for the benefit of 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 render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'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 performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the speci~c matters to be covered by such author- ity and responsibility will he itemized; and 7.4.3. the extent of such authority and responsibilities will he provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. 29 ARTICLE 8~OWNER'S RESPONSIBILITIES 8. !. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. in case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom .CONTRAL-q'OR 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 Contract Decuments promptly and shall make pay- ments to CONTR.AL"rOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in ~s 4. I and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions 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 are set forth in 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. in connection with OWNER's right to stop Wo~ or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRAC'FOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations apPlicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.1 I. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cane to the furnishing or performance of the Work. Projec~ Representative: 9.3. if OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. if OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. smsa ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities 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. Visi~ go Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information 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 generally to the Contract Documents. On the basis of such visits and on-site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER ~inst defective Work. EN- GINEER's visits and on-site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly, but without limitation. during or ~ a result of ENGINEER's on-site visits or Ctar~fu~o~ a~! hue:pr~ta~o~s: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine nec~sary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. if OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties ate unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro= vided in Article I I or Article 12. A~koe/mt Var/a~m/~ Wod~.' 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 Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I 1 or 12. Rejec~ng Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGI N EER believes will not produce a completed Project Ihat conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documenl: ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings. Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders. see Articles 10. II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment. see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRAC'I~R 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 CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9. I I. to ENGINEER and the other party to the Agreement promptl.~ ~but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal lunles?, ENGINEER allows additional time1. ENGINEER will render ~a formal decision in writin$ within thirty days after receipt of the opposing party's submittal, if any. in accordance with this paragraph. ENGINEER's written decision on such claim. dispule or other matter will be final and binding upon OWNER and CONTRACTOR unless: ii) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A. "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRAC'I~R pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the~appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interprete~' and judge under paragraphs 9. l0 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 9.11 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 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 thc 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 he referred initially to £' 'L,iINEER 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 9.13. L/eat, wa,ns on ENGINEER's Audusrity and Respomibil~s: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either t° exercise or not exercise such authont.~ or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor. any Supplier. un.~ other person Or organization, or to any surety for or em- ployee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws .and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRAC-'rOR's failure to perform or furnish the Work in accordance with Ihe Contract Docu- ments. 19.13.3. ENGINEER will not be 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 certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of. and in the case of certificates of inspections, tests and approvals that 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 assistants. ARTICLE 10--CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may. at any time or from time lo 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- 'FOR 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 CONTRACIDR are unable to agree as to the extent, if any. of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive. a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled roan increase in the Contract Price or an extension of the Contract Times with respect to any Work performed thai is nol required by the Contract Documents as amended, modified and supplemented as provid,'d ;n paragraphs 3.5 and 3.6 except in Ihe case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 32 10.4. OWNER ami CONTRAC-'rOR shall execute appro- pilate Change Orders recommended by ENGINEER (or Writ- ten Amendments) c:T,'eilng: 10.4.1. changes in th~ Work which are (i) ordered by OWNER pursuant to paragraph 10. I. (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed lo by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: 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 general 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 be adjusted accordingly. ARTICLE i l--CHANGE OF 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 adjusl- ment in the Contract Price shall be based on written notice delivered by the party making the claim to rig other party and lo 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 da~a shall be 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 oftbe claim) and shall be accompanied by claimant's written statement thai ,., 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 ! ifOWNER and CONTRACTOR cannot otherwise agree on the amount .involved. No claim for an adjustment in the Contract Price will I I.I. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. be valid if not submitted in accordance with this paragraph 11.2. I 1.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices co,~tained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 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 ! 1.6.2); 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 1 i.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.:5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph I 1.6). Co~t a! tire Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred 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 para&raph I I.$: 11.4. I. Payroll costs for employees in the direct employ of CONTRAC'IOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full time at the site. Payroll costs for employees no[ employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to. 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 after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. I 1.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation 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 match- als and equipment shall accrue to OWNER. and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWN ER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids, if any. will be accepted, if any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 1 i.4, 11.5. I 1.6 and I 1.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I1.4.4. Costs of special consultants (including hut not . limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: I 1.4.5. I. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- ~, of all materials, supplies, equipment, machinery. appliances, office and te~ facilities at the site and hand tools not owned by the workers, which are c~~ sumed in the performance of the Work, and cost less market value of such items used but not consumed whict~ remain the property of CONTR. ii.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental ag~'ec merits approved by OWNER with the advice of ENGI~ NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof--a~l accordance with the terms of said rental agreement~- rental of any such equipment, machinery or par~s ~.h~ll cease when the use thereof is no longer necessary for the Work. I !.4.~.4. Sales, consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.~.5. Deposits lost for causes other than negli- gence of CONTR~.CTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or oiherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph $.9), provided they have re- sult,.d fron. causes other than thc negligence of CON- TR~R, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be 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 CONTRACIX)R's tee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that slated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. i 1.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. i 1.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5. I. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph I !.4. i or specifically covered by paragraph I 1.4.4---all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. !!.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph II .4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph ! i.4. 11.6. The CONTRACIX~R's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6. 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 percentages of the various portions of the Cost of the Work: 11.6.2. I. for costs incurred under para&raphs 11.4. I and !1.4.2, the CONTRACTOR's fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent; 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 paragraphs 11.4.1. 11.4.2, 11.4.3 and 11.6.2 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 paragraphs I 1.4. i and I 1.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs I !.4.4, I 1.4.5 and 11.5; 11.6.2.5. the amount ofcredit to be allowed by CON- TRACTOR to OWNER for a,,y change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACIOR's fee by an amounl equal to five percent of such net decrease; and 1 !.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRAC'I~R's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2. I through I 1.6.2.$, 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. Cash AIlowancts: I 1.8. It is understood that CONTRAL"I~R has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRAC'I~R agrees that: I! .8. I. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes: and II .8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: il.9. I. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially thc Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantifies 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 actual quantities and classifica- tions of Unit Price Work performed by CONTR3L'-q'OR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTR3L"I'OR may make a claim for an adjustment in the Contract Price in accordance with Article II if: 11.9.3. I. 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 incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. 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 Milestones) 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 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 be delivered within sixty days after' such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which thc claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTR,aCTOR 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 CONTRACTOR is prevented from complct-~ lng any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times (or Milestones) will 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 utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the . control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event'shall oWNER be liable to CONTRAO TOR, any Subcontractor, any Supplier. any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii1 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. approval. CO..N.'TRAC'I1.)R -~ha~1 also be responsible for arrang- ing and obtaining and .~nall pay ail costs in connection wilh any inspections, tests or approval.~ required for OWNER's and ENGINEER'.~ acceptance of materials or equipment to be incorporated m the Work. or of materials, mix designs, or equipment submitted for appraval prior to CONTRACq~R's purchase thereof for incorporation 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 CONTRACq~R's expense unless CONTRAC'I~R has given ENGINEER timely notice of CONTRAC'I~R's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Acce~ 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 as applicable. Tests and Inspectimu: 13.3. CONTRACI'OR 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. I. for insl:~ctions, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full respohJibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or Uncovering Work: 13.8. lfany 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 expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRAC'I~R, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require. that portion of the Work in question, furnishing all necessary labor, material and equipment, if it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an 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 Price 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, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 36 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13. Ii. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or. if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Con'ection Pe~d: i3.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defectire, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: 6) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and ali 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 correction period for that item may start to run from an e.,arlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective 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 extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 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 ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to 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 the Work: and OWN ER shall be entitled to an appropriate decrease in thc Contract Price. and, if the parties are unable to agree as to the amount thereof. OWN ER may make a claim therefor as provided in Article I I. If thc acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defectire Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACI'OR fails to perform the Work in accordance with thc Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWN ER may. after seven days' written notice to CONTRACIX)R. 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 part of the Work. and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in thc 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. Ail 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 be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and O .WNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article ! I. Such claims, costs, losses and danmges will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in thc performance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE 14.--PAYMENTS TO CONTRACTOR AND COMPLETION ~7 Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form 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. Ap~n for Progress Payment: 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 for 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 warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. COArI'RACTOR's Warrunty of Title: 14.3. CONTRACTOR warrants and guarantees that title to ail 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. Renew of Applicatfom for Progrezs Payment: 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 return thc Application to CONTRACTOR indi- catin8 in writing ENGINEER's rea.sons for refusing to recom- mend payment. In the latter case, CONTR,AETOR 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 paragraph 14.7) become due and when duc 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 qualified 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 parat~raph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be 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 CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTILACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACI'OR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part 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 be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7. I. 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 defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusiv-.. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs perl'ormance or furnishing of the Work, 38 14.7.6. Liens have been filed in connection w~th the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set.~q' against the a~nount 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 reasons 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. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTR~R 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 to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after 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 CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified 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 r,,~ct to security, operation, safety, maintenance, heat. utili- ties, insurance and warranties and guarantees. Unless OWN ER and CONTRACTOR agree otherwise 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. OWNER 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. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACt'OR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without gignificant inter- ference with CONTR~,C--~'OR'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- TRA, CfOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRAC'I'OR will certify to OWNER and ENGINEER that such pan of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACfOR at any time may notify OWNER and ENGINEER in writing that CONTRACrOR 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. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER d~es not consider that part of the Work to be subs~ti~ly complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will 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 accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14. I I. Upon written notice from CONTRACTOR that thc entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACI~R and will notify CONTRACTOR in writing of all 39 pm-ticulars in which this inspection reveals thai the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as a~e necessary to complete such Work or remedy such deficiencies. 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by para&raph $.4. certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other documents. CONTRAC- 'FOR may ma~e application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documemation called for in the Contract Documents. including but not limited to the evidence of insurance required by subParagraph 5.4.13, (ii) consent of the surety, if any. to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. in lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWN ER or OWNER's property might in any way be responsible have been paid or otherwise satisfied, if any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER ~inst any Lien. Final l~nt ami Acceptance: 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. ENGINEI--,~, is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGINEER will, within ten days after receipt of the final Application for Payment. indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise. ENGINEER will return the Application to CON- TRACTrOR, 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 after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substa"cc and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGi- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. it', through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWN ER 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, if the remaining balance to be held by OWN ER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5. I. the written con- sent of the surety to the payment of the balance due for that 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 made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Wai~er of Claims: 14.13. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettled Liens. from defective Work appearing 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 CONTRACtOR's continuing ob- ligations under the Contract Documents; and 14. i 5.2. a waiver of all claims by CONTRACTOR =?inst OWNER other than those previously made in writing and still unsettled. ARTICLE 15---SUSPENSION OF WORK AND TERMINATION OWNER May Smpend Work: 15. I. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CQNTRACTOR makes an approved claim therefor aa provided in Articles I I and 12. OWNER May Termbsate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONT1LACTOR persistently falls to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to SUpldy su~cient 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 CONTRAC'rOR disregards Laws or Regula- tions of any public body having jurisdiction: 15.2.2. if CONTRACTOR disregards the authority of ENGINEER: or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial 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 CONTRAC'I~R from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish 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 thc Work performed. 15.3. Where CONTR,~TOR's services have been so ter- minated by OWNER, thc termination will not affect any rights or remedies of OWN ER n?inst CONTRACTOR 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 CONTRACTOR 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. I. for completed and acceptable Work executed in accordance with thc Contract Documents prior to thc effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor. materials or equipment as required by the Contract Docu- ments in connection with uncompietcc~ Work, plus fair and reasonable sums for overhead and profit on such expenses: 15.4.3. for all claims, costs, losses and damages incurred · in settlement of terminated contracts with Subcontractors. Suppliers and others: and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR 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. 41 CONTRACTOR May Stop Work or Terminate: 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 falls to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRAC'I~R 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 CONTRAC'I~R 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 amounts due CONTRACTOR, including interest there'on. The provisions of this paragraph 15.5 are not intended to preclude CON- TRAC'I~R from making claim under Articles I I and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE 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 CONTRAC'rOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17--MISCELLANEOUS Giving Notice: 17. I. Whenever any provision of the Contract Document's requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Comp-,,,~on of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period, if the last day of. any such period tails on a Saturday or Sunday or on a day made a legal holiday by thc law of' the applicable jurisdiction. such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTR,6CTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or olhers for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicabl~ statute of limitations or repose. Cum~,~ve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the panics hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRA~R by para&raphs 6.12, 6.16, 6.30. 6.31. 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees ond Co~t Costs includ~d: 17.5. Whenever reference is made to "claims, costs, losses and damages." it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] 42 ~ EXIHBIT GC-A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Da!ed For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance 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 agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9. 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 af'~er the parties 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 aRer the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9. Ii; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTR. If ENGINEER renders a de- cision after 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 panics concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days al~er the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the 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 Other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other' matter in question would be barred by the applicable s~atute 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.$. Notwithstanding paragr.*ph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work ora Subcontractor, either OWNER ok' CONTRACIOR may join such Subcontractor as a party to thc arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts requirec~ 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. No~hing in this paragraph 16.:5 nor in the provision of such subcontract consenting to joinder shall create any claim~ ~ight or cause of action in favor of Subcontractor and ag~nst 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, i GC-^~ 16.7. OWNER and CONTRACTOR agr~ that they shall first submit any and all unsettled claims, counterclaims, dis, putes and other matters in question between them arising out of or relating to the Contract D0c. uments or the breach thereof ("disputes"). to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for a~oitration pursuant to paragraphs 16. I through 16.6. unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator o1' such dispute unless otherwise agreed. GC.A2 95E09 SECTION 00805 SUPPLEMENTARY CONDITIONS REVISED 00805-1 Supplementary Condtttons These Supplementary Conditions amend and supplement Section 00700 - General Conditions, and other provisions of the Contract Oocuments 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 whtch are defined tn the General Conditions have the meaning assigned to them in the General Conditions. Amendments and Supplements The following are instructions that amend or supplement specific paragraphs in the General Conditions and other Contract Documents. ARTICLE 1 - DEFINITIONS Delete the first paragraph of Article 1 "Wherever used in these .... and plural thereof:" in its entirety and insert the following in its place: "Whenever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise.' $C-1.18. Add a new paragraph immediately after paragraph GC-1.18. which is to read as follows: A listing of ENGINEER's Consultant(s) is as follows: HDR Engineering, Inc. SC-1.35. Add the following language after the second reference to CONTRACTOR: "after his review and approval of same.' S.C.-1.46. 00805-Z REVISED Day - A "calendar day" being any successive day or days of the week or month, no days excepted unless otherwise defined wtthtn these Contract Documents. S.C.-1.47. Furnish or Install or Provide or Supply - The word 'Furnish' or the word 'Install' or the word 'Provide' or the word 'Supply," or any combination or similar directive or usage thereof, shall mean FURNISHING ANO INCORPORATING IN THE WORK including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context. ARTICLE 2 - PRELIMINARY NATTERS SC-2.2. Amend the first sentence of paragraph GC-2.2. by striking out "ten copies,' and substituting 'five copies.' SC-2.3. Delete paragraph 2.3 in its entirety and insert the following in lieu thereof: "The Contract Time shall commence to run on the tenth day following the date of Notice to Proceed.' SC-2.4. Amend paragraph GC-2.4. by striking out the second word of the sentence "shall' and substituting "may'. SC-2.5. Amend the first sentence of paragraph GC-2.5. by striking out the words 'and all applicable field measurements,' and substituting "against all applicable field measurements and conditions.' SC-Z.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 2.9. by adding the following at the beginning of the sentence, "If requested by Owner, Engineer, or Contractor.' SC-2.10. 00805-3 Add the following new paragraph 2.10 immediately after 2.9. Conflict of Interest 2.10 City Charter states that no officer of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or services. This prohibition does not apply when the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than one percent (1%) of the corporation stock. Any violation of this prohibition wi)l constitute malfeasance in office. Any officer of employee of the City found guilty thereof should thereby forfeit his office or position. Any violation of this prohibition with the knowledge, expressed or implied, of the persons or corporations contracting with the City shall render the contract voidable by the City Manager or the City Council. The Contractor represents that no employee or officer of the City has an interest in the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, 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 Oocuments 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 provtde a complete Project whether or not the cross referencing ts provided in each sectton or whether or not the cross referencing ts complete." ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONOITIONS: REFERENCE POINTS SC-4.1. Add a new paragraph 4.1.1. which ts to read as follows: 4.1.1. Easement lines shown on the Contract Drawings are approximate and were provided to establish a basts for bidding. Upon receiving the final easement descriptions, CONTRACTOR shall compare them to the lines shown on the Contract Orawtngs. [f CONTRACTOR considers the final easements provided to differ materially from the representations on the Contract Orawtngs, CONTRACTOR shall within 5 calendar days and before proceeding with the Work, notify ENGINEER in writing of any extra costs or time of performance associated with the differing easement line locations and the claim shall be administered in accordance with the Conditions of the Contract. SC-4.2.1.1. Delete paragraph and replace with the following, 'No geotechnical explorations or tests of subsurface conditions have been performed. The Contractor may take borings at the site to satisfy himself as to the subsurface conditions.' Add new paragraph 4.3.2.1. and 4.3.2.2. which are to read as follows: 4.3.2.1. Existing Utilities and Sewer Lines: The Contractor shall be responsible for the protection of all existing utilities or service lines crossed or exposed by the construction operations. Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall replace the utilities or service lines with the same type of original 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 utility, such property shall not be moved or interfered with until authorized by the ENGINEER. The right is reserved to the owner of any public utility to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be necessary by the performance of this contract. 00805-5 SC-4.4. Reference Potnts Add the following new paragraph 4.4.1. immediately after paragraph 4.4: 4.4.1. Construction stakes shall be provided by the Contractor as per Item 4.4. of the General Conditions. Vertical control has been established as shown on the construction plans. Horizontal control can be established from control points indicated on the construction plans. The Contractor shall be responsible for establishing all 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 b~ 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 sectign,~ 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. Compensation Insurance. The Contractor shall take out and~maintain during the life of this contract Worker's Compensation Insurance for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employee engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. The minimum amount of insurance shall be as follows: Each Accident $100,000 Disease Each Employee $100,000 Disease Policy Limit $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 $1,000,000 Product-Components/Operations Aggregate $1,000,000 Personal and Advertising Injury $600,000 Each Occurrence $600,000 Fire Damage (any one fire) $50,000 Medical Expense (any one person) $5,000 Automobile Liability Insurance. The Contractor shall take out and maintain during the life of this contract such Automobile Liability Insurance for owned, hired and nonowned 00805-7 vehicles as shall protect him and any subcontractor performing work covered by this contract. The minimum amount of such insurance shall be as follows: 5.4. 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: 5.5. 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, CONTRACTOR shall in writing advise OWNER whether or not such other insurance has been provided by CONTRACTOR. SC-5.11. Amend paragraph 5.11.1 to delete reference to paragraphs 5.6 and 5.7 in the 4th line and substituting the words 'paragraph 5.4,' and delete the word "OWNER" in the next to last line and substitute the word "CONTRACTOR." 00805-8 SC-5.11.2. Delete paragraph 5.11.2 in its' entirety and insert the following in lieu thereof: 5.11.2. CONTRACTOR intends that any policies provided in response to paragraph 5.4 shall protect all of the parties insured and provide coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insured or additional insured, and if such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. SC-5.12. Amend the first sentence of paragraph 5.12 to delete reference to paragraph 5.$ and 5.7 and substituting the words 'paragraph 5.4 of the Supplementary Conditions.' SC-5.14. Delete paragraph 5.14 in its entirety and insert the following in lieu thereof: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 of on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the CONTRACTOR as complying with the Contract Documents. SC-5.15. Amend the first sentence of paragraph 5.15 to delete the word "Substant(al.~ Add two paragraphs immediately after Paragraph GC-5.15 which are to read as follows: 5.15.1. All insurance required by the Contract Documents, or by laws or regulations shall remain in full force and effect on all phases of the Work, whether or not the Work is occupied or utilized by OWNER, until all Work included in the agreement has. been completed and final payment has been made. 00805-9 5.15.2. Nothing contained in the insurance requirements shall be construed as limited the extent of CONTRACTOR's responsibility for payment of damages resulting from his operations under the Contract. CONTRACTOR agrees that he alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by OWNER or ENGINEER shall not operate to the contrary. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.4. Add a paragraph immediately after paragraph GC-6.4. which is to read as follows: 6.4.1. Where the Work requires equipment be furnished, due to the lack of standardization of equipment as produced by the various manufacturers, it may become necessary to make minor modifications in the structures, buildings, piping, mechanical work, electrical work, accessories, controls, or other work, to accommodate the particular equipment offered. CONTRACTOR's bid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of ENGINEER. SC-6.5. Add the following sentence at the end of the first sentence of paragraph GC-6.5: All items of standard equipment shall be the latest model at the time of delivery. SC-6.7.1.2. Amend the sixth sentence of paragraph GC-6.7.1.2. by deleting the word 'Substantial.' Add a new paragraph after paragraph GC-6.15., which is to read as 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 those materials which are incorporated into the project, such as bricks, 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. (This 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 will be used to develop the 'separated contract' and will determine the extent of the tax exemption. Upon execution of the construction contract, the contractor shall furnish a breakdown (per item) of 1) materials incorporated into the project; and 2) labor, equipment, supervision and materials not incorporated into the project. SC-6.19. Add the following language at the end of the first sentence of paragraph GC-6.19: 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: 6.24.1.1. 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-Information-Only-For-Future-Use submittals upon which the ENGINEER is not expected to conduct review or take responsive action may be so identified in the Contract Drawings. Add the word 'required' to the first sentence of paragraph GC-$.24.2., immediately after the words 'shall also submit.' At the end of paragraph GC-6.24.2., add the following paragraphs: 6.24.3. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and ENGINEER finds same to be in theinterest of OWNER and to be so minor as not to involve a change in the Contract Price or time for performance, ENGINEER may approve the Shop Drawings or Samples; provided however, such departure is slight in nature and does not affect the design concept of the Work. CONTRACTOR shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work. Add a new paragraph immediately after paragraph GC-6.24.3. which is to read as follows: 6.24.4. See Section 01340. SC-6.25. At the end of paragraph 6.25.3., delete 'Variation.' and add: "Variation; otherwise CONTRACTOR will not be relieved of the responsibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed.' Add the following paragraph at the end of paragraph GC-6.25.3: 6.25.4. Shop Drawings and Sample submittals not conformieg to requirements of this paragraph 6.25 and Section 01340 will be returned to CONTRACTOR without action for resubmittal and the resulting delay shall be 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-6.26. 00805-12 immediately after the words 'ENGINEER will review and approve". SC-6.27. Add the word 'required' to the first sentence of paragraph GC-6.27. immediately after the words "ENGINEER's review and approval of". Add the following paragraph at the end of paragraph GC-6.27: 6.27.1. 6.27.1.1. 6.27.1.2. 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: permitting any departure from the Contract Requirements; 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 WOIU( 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 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 CONTRACIOR'S exclusive remedy with respect to OWNER, ENGINEER and Consulting Engineer for any delay, disruption, interference or hindrance caused by any separate Contractor." ARTICLE 9 - ENGINEER'S STATUS DURING 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.$. which is to read as follows: The acceptance at any ti~e of materials or equipment by or on behalf of OWNER shall not be a bar to future rejection if they are subsequently found to be defective, inferior in quality, or uniformity to material or equipment specified, or are not as represented to ENGINEER or OWNER. sc-g. IO. Delete paragraph 9.10 and insert the following in lieu thereof: g.lO. 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 - CHANGE OF CONTRACT PRICE SC-11.g ~ Add the following language at the end of paragraph 11.9.2: Work described in the Contract Documents but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as a part of the unit price. SC-11.g.3. Paragraph 11.9.3. is hereby deleted in its entirety and the following, including new paragraph 11.g.3.1. through 11.g.3.4., is substituted in lieu thereof: 11.9.3. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 11.9.3.1. if the total cost of a particular item of Unit Price work amounts to $% 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 both over and under, from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 00805-15 11.9.3.3. if CONTRACTOR can demonstrate that it has incurred additional expense as a result thereof, or 11.9.3.4. if OWNER can demonstrate that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. ARTICLE 12 - CHANGE OF CONTRACT TIME SC-12..1. Add a new paragraph after paragraph GC 12.1. which is to read as follows: 12.1.1. No extension of the Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. SC-12.3. Add two new paragraphs after paragraph GC 12.3. which are to read as follows: 12.3.1. OWNER, at OWNER's sole discretion, may waive the requirements of paragraph GC-12.3. and grant extensions to the Contract Time for any reason OWNER deems valid. 12.3.2. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for at least any continuous one-fourth of the Contract Time involved with the average of the preceding 5-year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. ARTICLE 13 - WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS SC-13.4.1. Add the following new paragraph 13.4.1 immediately after paragraph 13.4: 13.4.1. Observation of the contractor's work to determine 00805-16 compliance with the plans and specifications will include testing of materials installed on the project. Testing of work performed and materials furnished shall be done by a commercial laboratory employed by the Contractor and acceptable to the OWNER. The Contractor shall furnish, at his own expense, all necessary specimens for testing of materials. All materials not conforming to the requirements of the specifications will be rejected. SC-13.12. Amend the first sentence of 13.12.1. to change the words "one ye.ar" 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 lime 01010-1 95e09 SECTION 01010 SPECIFIC PROJECT REQUIREMENTS PART I - GENERAL 1.01 CONSTRUCTION SPECIFICATIONS The construction specifications which apply to this project are the Standard Specifications for Public Works Construction - North Central Texas prepared through the North Central Texas Council of Governments (C.O.G.). The following Specification Project Requirements contain general specification project requirements applicable to this project in the City of Coppell. These individual specifications control for this project. Additional amendments to the C.O.G. Standard Specifications are contained in Section 01060 - Special Provisions. 1.02 OWNER A. The "Owner" as referred to in these Specifications is the City of Coppell, P.O. Box 478, Coppell, Texas 57019. 1.03 ENGINEER Ae The "Engineer" as referred to in these Specifications is the City Engineer, City of Coppell, Engineer of the Owner, or such other representatives as may be authorized by said owner to act in any particular position. 1.04 SCOPE OF WORK Ae 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.o5 SITE Ae The Contractor shall limit his work area shown on the Project Drawings as within the street right-of-way. Entrance onto private property shall be at the expressed approval of the ENGINEER only. 1.06 PROJECT DESCRIPTION Ae This Contract consists of the construction of Sanitary Sewer Improvements for Grapevine III, IV, and Bethel Road as shown in the construction plans SS 94-02. 01010-2 1.07 CALENDAR DAY COUNT Ae 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. 1.08 SAFETY PRECAUTIONS Ae The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of lg70, ordinances, rules, regulations and order of any public authority have jurisdiction for the safety of persons or property to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 1.09 SOIL INVESTIGATION Ae A geotechnical investigation report has not been prepared. The Contractor shall visit the site and acquaint himself with the site conditions. 1.10 SURVEY AND FINISHED GRADES The Contractor shall be responsible for installation of the sanitary sewer to the grades shown on the construction plans. Horizontal and vertical control is provided by the owner as shown on the plans. The Contractor shall be responsible for layout and staking of all grades and lines for construction. The Contractor shall preserve all stakes or markings until authorized by the Engineer to remove same. The Contractor shall bear the cost of re-establishing any control or construction stakes destroyed by either him or a third party and shall assume the entire expense of rectifying work improperly constructed due to failure to maintain established points and marks. 01010-3 1.11 A. 1.12 A. 1.13 A. 1.14 A. No separate payment shall be made to the Contractor for construction staking which shall be considered incidental to the project and payments made under specific Pay Items shall be considered as full compensation for these requirements. CONFOPJIITY 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 geotechnical testing services which shall be considered incidental to the project. SUSPENSION OF WORK If the work should be stopped or suspended under any order of the court, or other public authority, the Owner may at any time during suspension upon seven days written notice to the Contractor, terminate the Contract. In such an event, the Owner shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000. PRESERVATION OF TREES Permission of the Engineer must be obtained for removal of trees on the property that obstruct the installation of the improvements as 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 theEngineer at the Contractor's expense. 01010-4 1.15 COOPERATION OF CONTRACTOR Ae The Contractor shall have on the 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. The Superintendent and the Contractor shall be responsible for supervision of all work performed by the subcontractor at all times during construction. 1.16 WARNING DEVICES The Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required bylaw to protect persons and property while said persons or property are approaching, leaving, or within the work site or any area adjacent to said work site. No separate compensation will be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs or any other precautionary measures required by law for the protection of persons or property. Be 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. Ce Where the work is carried on, in, or adjacent to, any street, alley, sidewalk, public right-of-way or public place, the Contractor shall at his own expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs and other precautionary measures for the protection of persons or property as are required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs, and lights, and other precautionary measures shall not cease until the project shall have been accepted. De If the Engineer discovers that the Contractor has failed to comply with the applicable federal and state law (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the Engineer may order such additional precautionary measures as 1.17 A. Ce 1.18 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. In addition, the Contractor will be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights, or other precautionary measures in protecting, said property, and whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by and at the cost and expense of the Contractor. If the damages are not corrected in a timely fashion, then the City shall have the right to repair the damage and charge the cost back to the Contractor. All of this work is considered incidental and shall not be separate pay item. EXISTING UTILITIES, STRUCTURES AND OTHER PROPERTY Prior to any excavation, the Contractor shall determine the locations of all existing water, gas sewer, electric, telephone, telegraph, television, and other underground utilities and structures. After commencing the work, the Contractor shall use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. Where the locations of existing underground ahd surface utilities are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated.' The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. The Contractor shall repair or pay for all damage caused by his operations to all existing utilities, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of his operations. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements, and construction with the appropriate utility company. DRAINAGE The Contractor shall maintain adequate drainage at all times. 01010-6 1.19 A. 1.20 A. Be 1.21 A. 1.22 A. Be 1.23 A. PROJECT MAINTENANCE The Contractor shall maintain, and keep in good repair, the improvements covered by these plans and specifications during the life of the contract. CLEANUP During Construction: The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site when it becomes objectionable or interferes with the progress of the project. Final: Upon completion of the work, the Contractor shall remove from the site all plant, materials, tools and equipment belonging to him and shall leave the site with an appearance acceptable to the Engineer and the Owner. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new-appearing condition. INSPECTION The word "Inspection" or other forms of the word, as used in the contract documents for this project shall be understood as meaning an Owner's agent will observe the construction on behalf of the Owner. The agent will observe and check the construction in sufficient detail to satisfy himself that the work is proceeding in general accordance with the contract documents, but he will not be a guarantor of the Contractor's performance. DISPOSAL OF WASTE AND SURPLUS EXCAVATION All trees, stumps, slashings, brush or other debris removed from the site as a preliminary to the construction shall be removed from the property. Any required burning and disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner. WATER FOR CONSTRUCTION The Contractor shall make necessary arrangement for securing and transporting all water required in the construction, including water required for mixing concrete, sprinkling, testing, flushing, flooding, or jetting. The Contractor shall provide water as required at his own expense. 01010-7 ! ,24 A. GUAI~ANTEE All work shall be guaranteed against defects resulting from the use of inferior materials, equipment or workmanship for a period of two (2) years from the date of final completion and acceptance of the project. PARTS 2 - PRODUCTS 2.01 SIGNAGE Contractor shall provide five (5) project signs in accordance with the 'Sign Detail' located in the plans. Signs to be located as directed by Engineer. 2.02 INVERTED SIPHON (SAG SEWER) Siphon shall be constructed of Class $0 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 4 each 22-1/2 degree bends may be installed in the siphon. B. Valves shall be resilient seated gate valves manufactured in accordance with AWWA Standard C$09. De Water stop shall be steel. Shall be 12 GA. Lap adjacent section 5 IN and securely bolt or weld together. Width of water stop shall be 4 IN. Flexible couplings shall be Dresser Style 53 or approved equal. END OF SECTION 01060-1 95011 SECTION 01060 SPECIAL PROVISIONS PART 1 - GENEI~AL 1.01 SUMMARY These Special Provisions modify or supplement the Standard Construction Specifications of the North Central Texas Standard Specifications. All provisions which are not so modified or supplemented remain in full force and effect, except payment shall be as established in Section 1, entitled "Proposal and Bid Schedule." B. Modify the Standard Specifications as follows: PART II: NATERIALS - DIVISION 2 ITEM 2.1.5. TRENCH BACKFILL: (b) Types "B" and "C" (4) Additional Requirements (B) Additional Requirements for Type "C" backfill when used in streets: Insert the following paragraph at the beginning of this subsection: "All trench backfill shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five ($) 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 PREPARATXON ITEM 3.1.2. CONSTRUCTION METHODS: Add the following sentence after the second sentence: The method of protection shall be 2 inch by 4 inch wood railing unless otherwise shown on the Plans or directed by the Engineer. ITEM 3.7.3. DENSITY: Strike the first sentence and replace with the following: "Earth embedment and select material shall be compacted to between 95 percent and 100 percent of Standard Proctor Density as determined by ASTM D-698 at, or up to five {5) percentage points above, optimum moisture content, using mechanical compaction methods, unless otherwise specified in the Plans or Specifications." PART IV: DIVISION 4 - SUBBASE AND BASE COURSES ITEM 4.8.4. CONSTRUCTION METHODS: (b) Compaction. Amend the last sentence of the first paragraph by striking the words: "gO percent of the maximum dry density of such material." and replace with the words "g5 percent of the maximum dry density of such materials, or as directed by Engineer." PART V: DIVISION 5 - PAVENENT 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) #achtne. Add the following paragraph at the end of thts subsection: 'Fog sprays powered by pressure pumps, and capable of covering the enttre area of freshly placed concrete wttha ftne 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 mist, shall be used if water is needed for finishing operations.' PART Vl: DIVISION 6 - UNDERGROUND CONDUIT CONSTRUCTION IT£N 6.2.9. BACKFILL: (b) Compaction. (2) Densities - Areas Not Subjected to or Influenced by Vehicular Trafftc. Amend the second sentence by strtktng the words "to a density comparable with adjacent undisturbed material" and replacing with "to a denstty between 95 percent and 100 percent Standard Proctor Density as determined by ASTH D-698 at, or up to ftve (5) percentage points above, optimum motsture content, unless otherwise specified tn the Plans or dtrected by the Engineer." (c) Embedment. (15) Class "D+" Embedment - Change the third 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) #odtfy the Construction Plans by revtstng the embedment detatls on Sheet 29 wtth the detatl following thts sectton. END OF SECTION Bd fTYPICAL NATIVE MATERIAL COMPACTED TO: 95'6 OPTIMUM MoIaT1JRE +3% UNDER PAVEMENT 90% OPTIMUM MoIaTtJRE +3% OUTaI~ CURB UNES BACKFILL TO BE COMPACTED IN 6'+ UFTS Crashed Stone Bs~fla (see specs.) Class "D+" 6' min. NOTE: 1. REVISE DETAILS SHEET 29 PER THIS DETAIL 2. REVISE BETHEL ROAD STREET REPAIR SUBGRADE TO REQUIRE A LIME STABILIZED SUBGRADE 3. A MINIMUM OF 6 IN CRUSHED STONE EMBEDMENT SHALL BE PLACED BELOW AND ON EACH 81DE OF PIPE. 4. CRUSHED STONE SHALL BE AS SPECIFIED IN STANDARD CONSTRUCTION SPECIFICATIONS 2.1.8.A, PIPE MATERIAL FOR WATER AND SANITARY SEWER MAINS. ,mm .PERFORMANCE BOND STATE OF TEXAS CO~ OF TARRANT KNOW ALL MEN BY THES! i%~-~ ~'~-~ ~ principal, and. DALLAS FIRE. IN~ and firmly bound unto_ CITy in the penal sum of. ' **** for the payment whereof, the administrators, executors, successors 4 dated the 2,~t-_h BOND NO. RVE-551 POWER NO. 10204 PRISES~ INC. principals, are held .. (Owner), , and their heirs, uts: the Principal has ~---~ ~ rith the Owner, day of. _, 19 9~ , to c°=nnence work and complete work Cc.~..~4~c,.~ .~ ~. ~1~ to' SANITARY SEWER IMPROVEMENTS F' ~ PROJECT ~SS94-02 ,_ ~ : ~-'~~- ' which contract is hereby referred to and mAde a part hereof ~ fully end tn the sane extent as if copied et lensth herein. observe an,~ ,...4,..__ .,, _'f., ~ _, .-y- ~,o-~rac.~ eno .maum mi respecLs duly and faithfully - ~,~,,,,,,,~ .,, aha smgLuar me covenants, conditions and agreements in and by said ¢oMzact ~_.g~. and. ¢o,en.~nted by the ID~incip,l to be ob, ed and performed, and according to t~e true ~nbl=e_n_l:.;ana, m.,e.anmg..of ..~d .Con~"dCt and the naus and Specifications hereto annexed, then this uJJpcion anlJJ De volu; oUlerwlse to remlin in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as i/it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, aJteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speck fications, or drawings accompanying the same, shull /n anyway affect its obligation on this ****THREE HUM)RED SIXTY FIVE THOUSAND ONE HUNDRED TWENTY FOUR & NO/lO0*** *Not applicabJe for federal work. See "/be MilJer Act," 40 U.S.C. S270. .I'ERFORMANCE BOND STATE OF TEXAS CO~ OF. TAqR/~NT KNOW ALL MEN BY THESE PRESENT~: That., BOND NO. PON~R NO. RIVER VA[IFY ENTERPRISES~ INC. · _of &he City o-- ROCKIIAL[ County of ROCKWALL , and State of TEXAS u principal, and, DALLAS FIRE-INSURANCE COMPANY ' authorized under the Jaws of the S~te of Texas to act as surety on bonds for principals, ere held and firmly bound unto CITY OF CrlPP£[I (Owner), ia the penal sum of, ' **** rJollars ($~;s: 1 ?a_ nn**)~ for the payment whereof, the said l~rincipal add .Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly nd severally, by these presents: RVE-551 10204 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 2at:h day of- IIP. TflRF-R ,19 OR , to commence work and complete work within the tine established tn AGRtZ:KEI~ to' SANITARY SENER IMPROVEHENTS FOR SECTION I - GRAPEVINE III PROJECT #SS94-02 which contract is hereby referred to and made a part hereof as fully and tn the same extent es if copied at length herein. NOW, THEREFOr, THE CONDITION OF TItlS OBLIGATION IS SUCH, that Jf"the said larincipal shall faithfully perform said Contract sod shall in all respects duly and faithfully observe and perform all sod singular the covenants, conditions sod agreements ia and by said contract agreed and covenanted by the Principal to be observed and performed, sod according to the true intent and meaning of said Contract and the l~lans sod Specifications hereto annexed, then this obIigation shall be void; otherwise to remain in full force and effect; *'PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for l~rivate Work)* of the Revised Civil Statutes of Texas as amended and all Uabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci- fications, or drawings accompanying the same, shall in anyway affect its obligation on this ****IHREE HUNDRED SIXIY FIVE THOUSAND ONE HUNDRED IM~NTY FOUR & NO/100*** SNot applicable for federal work. See '~he Mi/ler Act," 40 U.S.C. S270. BOND NO. PONER NO. 10204 bond, and It does hereby waive notice of any such chnre, extension of time, aiter~tion or ~ddition to the terms of the contrut, or to the work to be performed thereunder. IN WITNESS WHEREOF, the nfd PrincJp~ and Surety have aimed and oeaJed this instru- ment this 3rd .chy o, JANUARy .19 9~ _ RIVER V4~LEY ENTERPRISES. TN[:. .Adtct~.~, P.n. RflX ~7 ROCKNALL, TEXAS 75087 r)AI I AR FTflF TN~II~AMrr r~.A~¥ ! FRED A. THETFORD. JR__ ATTmMFY-TN-FAI~T FORT #ORTH~ TEXAS 7613~ Tae utme and &ddress of the Resident Agent of Sure~ . TEXAS CONTRACTORS SURETY & CASUALTY AGENCy 5608 HALVEY, 'STE. 205 FORT #ORTH, TEXAS 76107 m (817) 7~1-19~5 PAYMENT/PERFORMANCE BOND POA- 1 0 2 0 4 ' DALLAS FIRE INSURANCE COMPANY BOND NO. ~-,5.51 6122 McCart Ave, Fort Worth, Texas 76133 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That Dallas Fire Insurance Company has made, constituted and appointed, and does make,_constitute and appoint: by these presents ~~he~~a'nd ~~ its true and lawful attorney, for it and its name, place, an( undertakings and contracts of suretyship to be given to: provided that no bond ~ undertaking or contract of sum of: ~ to execute on behalf of said surety, bonds, EES un; in amount the This of the following Resolution ado "RESOi hereby is authorized to in behalf rized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bear- ing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached". In Witness Whereof, Dallas Fire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice President this 1st day of December, 1994. DALLAS FIRE INSURANCE COMPANY Richard R. Beck, Michael L. Milam; Preo,u~,,t FOR INFORMATION AND VERIFICATION CALL: 1-800-533-0457 STATE OF TEXAS COUNTY OF TAR.ANT SS: On this 1st day of December, 1994, before me personally came Michael L. Milam to me known, who being by duly sworn, did depose and say that he is President of the DALLAS FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. I ~Y'~I NOTARY PUBLIC .honda Margotta ]~ ~...~.~',~./..J STATE OF TEXAS i ~,~'~.0' My Comm. Exp. 6-3-9a NOTARY PUBLIC, State of Texas ', ,.~-~o~...o Tarrant County Commission expires June 3, 1998 (CERTIFICATE) I, the undersigned, secretary of DALLAS FIRE INSURANCE COMPANY, a Texas corporation, DO HEREBY CER- TIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Fort Worth in the State of Texas Dated the?~t~d day of ~¥ ,1996 . Richard R. Beck, Secretary PRINCIPAL mm STATE OF TEX.~ CO~ OF. TARRANT PAYMENT BOND BOND NO. RVE:-551 POKER NO. 10204 ~CNOW ALL'~:N BY ~ PRF~S~J~'~: Tbat~ RIVE~ VAlLEy ~NI[RPRI~: ~ of ROC~ALL ~f ~e ~ of R~KNALL . ~d S~ o~ TEXAS P~P~, ~ DALLAS FIRE INSURA~~PANY , authorized under the laws of the State of Texas to act as sure~ on bonds for princip~, are held and firn~y bound in the ~.z~.] sum of.. **** .(Owner), the paFment whereo~, the nM Principal and Suret~ -Dollars bind themselves and their heirs, ·dminis. ~ors, executors, successors and assirns. Jointly and severely, by these presents: WHEREAS, the ~i~etp~ hu e~tered lato · ~ ~ ~ ~ ~e O*~e~, ~ted ~e 24Lh ~y o~ SANITARY S[~R I~ROVE~NIS FOR ~CTION I'- GRAPEVINE III ~ 19 95 , ~ PROJECT ~SS94-02 which contract, is hereby referred to and '~-de · part hereof as felly and to the same exteat ~s ' if copied at length herein. lqOW, T~:ERF~ORE, ~ CO1VDIT/ON OF THIS OBLIGATION lS SUCH, that ff the said l:~inc.~pal shall pay &Il e..Ltbza~b supplying labor and material to him or · subcontractor la the prosecution of the work provided for ia eaid eontract, then, this obli~affon ~ be void; otherwise to remain la full force and effect; e Revised Cjvil Statutes of Texas as amended an ..... accordance with the -ro,,~,~ .... · _ ._, ...... ~ all ]iabdities on this bond sha/] be determined in r ,~,v-~ m sma Amcle to tf~e same extent as if it were copied st length herein. Surety; for value received, stfpuhtes and ·frees that no chan~ extension of time, alterttioa or sddition to the terfm of the contract, or to the work performed thereunder, or the' phns, q,ecific~tions or drawinrs aceom~ th,. seine, shell in anywise affect frs obljs~tJon on this ~**THREE HUNDRED SIXTY FIVE THOUSAND ONE HUNDRED Tk~NTY FOUR & NO/IOO*~H~ BOND NO. RVE-551 POWER NO. 10204 bond, and ft does hereby waive notice of anr such chnr~ extensi°n o~ thne, s3teration or sddition to the terzns of the contact, or to the work to be pe~ormed thereunder. /:1%T W//'A~SS WH]C~OF, the said l'Tincip,,T and Surety hve aimed and sea]ed this instru- Inen~ th~T~ 3]~d diy of .JANUARY ,19 9A RIVER WI~y ENTERPRISES. Address ~.0. BOX 947 ., ROCKWALL~ TEXAS 75087 FRED A. DAli AR FTRF TN~IIRA~ P~PAMV Addres, ~112 I~_~ART AVl:. _ _~TI:' _ ?hq FORT WORTH, TEXAS The n~ne and address of the Resident Arent of Su:~3r b: TEXAS CONTRACTORS SURETY & CASUALTY AGENCY 5608 MALVEY, STE. FORT WORTH, TEXAS 76107 :. '.'. PAYMENT/PERFORMANCE BOND " - PgA - ~- 0 2 0 4 DALLAS FIRE INSURANCE COMPANY BOND NO. RV£-551 6122 Mc'Cart Ave, Fort Worth, Texas 76133 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That Dallas Fire Insurance Company has made, constituted and appointed, and by these presents does make,_constitute and appoint: Fred A. Thetford, Jr. ~' and its true and lawful attorney, for it and its name, place, anc~;,,,~ to executeon behalf of said Comp~ ~y,~s surety, bonds, undertakings and contracts of suretyship to be given to: /~,I:.pBLI~ ~ES~:?~-t k " provided that no bond ~xr, undertaking or contract of .~y~hil~ ,xecuted un~?r~llis authority shall~ :,c~d in amount the This PoWPr ~ ~ttorhey is brante~l andjs ~si~"~U a~d~ sea ~ b~ face? e L ~(jel~ a0d by the autl 6~ ~y of the following Reso u. on adop d the Diye q' , ~ \J ' ~np~ ~v( ~p!~t~fa_q~[~ ,y ~hem hereby is ~RESO~V~D!!that~h[~ ~r~e~sid '~lent!~ al~ce~'d~en~t °f ~na tc ~cute in behalf authorized to e~ec~e:P,~ow~',(~f A~t'(~e~, ~ir{~ thai ~t~)~:~'ey'~hip~a~W~i nd th~ '.~ Vice J=r~'~'C3fAtt°~e',gi ~nt o~ "~0fltie'Company, b'On~ls, un' d~l~a~ing~an~ all c~h~tra'~ - -"~ ct~of sur~ ~ ~cr~tary~' a~o- rized to attest the execution of any such Power of Attomey, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bear- ing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached". In Witness Whereof, Dallas Fire Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice President this 1st day of December, 1994. DALLAS FIRE INSURANCE COMPANY Atlest:/~ ~' ~c~e re~sid;n~ By: ,~~ ' Richard~/B~k, Michael L. Mila~ ,'~Presl e~nt~ FOR INFORMATION AND VERIFICATION CALL: 1-800-533-0457 STATE OF TEXAS COUNTY OF TARRANT SS: On this 1st day of December, 1994, before me personally came Michael L. Milam to me known, who being by duly swom, did depose and say that he is President of the DALLAS FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. ~%.. RHONDA MARGOTrA ! .o-,-,,.,, ! [-.~./~'~.-~ STATE OF TEXAS (CERTIFICATE) Rhonda Margotta NOTARY PUBLIC, State of Texas Tarrant County Commission expires June 3, 1998 I, the undersigned, secretary of DALLAS FIRE INSURANCE COMPANY, a Texas corporation, DO HEREBY CER- TIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force:-~ Signed and sealed at the City of Fort Wort~ in the State of Texas Dated the ~-d day of JANUARY ,1996 . Richard R. Beck, Secretary