SS9402A-CS 960102FAX COVER SHEET
P. O. Box 478
Copp~ll, Tex~s 75019
(214) 4~2-O022
Fax No. (214) 304-3~3
J$'7o
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Construction Payment Bond
Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where, applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRU~ON CONTRACt
Amounl
Description (Name and Location):
BOND
Date ('Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CON'IRAC'rOR AS PRINCIPAL
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
CO~R AS PRINCIPAL
Company:
SURETY
Signature:
Name and Title:
SURETY
(Corp. Seal) Company: (Corp. Seal)
Signature:
Name and Title:
EJCDC No. 1910-28B (Igg4 Edition)
Prepared through ti,,; joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committe~., T~e. ~As .s0c. iated
General Contractors of America, American Institute of Architects, American Subcontractors Association. and the Assocmea ~pecmlty
Contractors.
Reprinted 10/90
I. The Contractor and t~"'"~ rcty. jointly and severally, bind themselves.
their heirs, executors, adm~,,strators, successors and a~signs to the Owner
for the performance of the Construction Contract. which is incorporated
herein by reference.
2. If the Contractor performs the Construction Contract. the Surety a~d
the Contractor shall have no obligation under this Bond. except tc~ pa,r-
ticipate in conferences as provided in Subparagraph 3.1.
_t. If there is no Owner Default. the Surety's obligation under this Bond
shall arise after:
3. I. The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default and has requested and attempted
to arrange a conference with the Contractor and the Surety to be
held not later than fifteen days a~cr receipt of such notice to
discuss methods of Performing the Construction Contract. If the
Owner. the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to Perform the Construction Con-
tract, but such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2. The Owner has declared a Contractor Default and formally ter-
minated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as pro-
vided in Subparagraph .t. I; and
3.3. The Owner has agreed to pay the Balance of the Contract Price
to the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to Perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph ~. the Surety
shall promptly and at the Surety's exPense take one of the following
actions:
4. I. Arrange for the Contractor. with consent of the Owner. to Perform
and complete the Construction Contract; or
4.2. Undertake to Perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4..t. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and com-
pletion of the Construction Contract. arrange for a contract to be
prepa:ed for execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with performance
and payment bonds executed by a qualified surety equivalent to
the bonds issued on the Construction Contract. and pay to the
Owner the amount of damages as described in Pa, t-a~ph 6 in
excess of the Balance of the Contract Price incurred by the Owner
resulting from the Contractor's default; or
4.4. Waive its right to perform and complete, an'ange for completion.
or obtain a new contractor and with reasonable promptness under
the circumstances:
I. After investigation, determine the amount for which it may be
liable to the Owner and. as soon as practicable after the amount
is determined, tender payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. [f the Surety does not proceed as provided in Paragraph 4 with reason-
able promptness, the Surety shall be deemed to be in default on this Bond
fifteen days after receipt of an additional written notice from the Owner
to the Surety demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy available to
the Owner. If the Surety proceeds as provided in Subp~agraph 4.4. and
the Owner refuses the payment tendered or the Surety has denied liability,
in whole or in part. without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
6. , .r the Owner has terminated the Contractor's right to c
Construction Contract. and it'the Surety elects to act under Su
4. I. 4.2. or 4.3 above, then the responsibilities of the Surety
shall not be greater than those of the Contractor under th~ C
Contract. and the responsibilities of the Owner to thc Surety
greater than those of the Owner under the Construction
limit of the amount of this Bond. but subject to commitment
of the Balance of the Contract Price to mitigation of costs
on the Construction Contract. the Surety is obligated without
for:
6.1. The responsibilities of the Contractor for correction c
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay cost
from the Contractor's Default. and resulting from the
,t'~lur. e. to ac! of the Surety under Paragraph 4: and
6.3. t,~quiaated clamages, or if no liquidated damages are
the Construction Contract. actual damages caused
performance or non-Performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obi
the Contractor that are unrelated to the Construction Contrac
Balance of the Contract Price shall not be reduced or set oft' c
of any such unrelated obligations. No right of action shall acer
Bond to any Person or entity other than the Owner or its heirs. ,.
administrators, or successors.
8. The Surety hereby waives notice of any chanpe, including
time. to the Construction Contract or to related subcontracts.
orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be
in any cour~ of comPetent jurisdiction in the location in which
or part of the work is located and shall be instituted within two
Contractor Default or within two years after the Contractor ce~
lng or within two years after the Surety refuses or fails to
obligations under this Bond. whichever occurs first, if the pro.
this Paragraph are void or prohibited by law. the minimum
limitation available to sureties as a defense in the jurisdiction
shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be
delivered to the address shown on the signature page.
!1. When this Bond has been furnished to comply with a sta
other legal requirement in the location where the construction
Performed, any provision in this Bond conliicting with said sta
legal requirement shall be deemed deleted herefrom and provisi
forming to such statutory or other legal requirement shall be
incorporated herein. The intent is that this Bond shall be constz
statutory bond and not as a common law bond.
12. Definitions.
12. I. Balance of'the Contract Price: The total amount payab
Owner to the Contractor under the Construction Contr
all proper adjustments have been made, including ailo~
the Contractor of any amounts received or to be rec~
the Owner in settlement of insurance or other claims
ages to which the Contractor is entitled, reduced by
and proper payments made to or on behalf of the Cc
under the Construction Contract.
12.2. Construction Contract: The agreement between the Ov
the Contractor identified on the signature page. inclt
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor. which ha~
been remedied nor waived, to Perform or otherwise to
with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner. which has neitl'
remedied nor waived, to pay the Contractor as require,
Construction Contract or to Perform and complete or
with the other terms thereof.
(FOR INFORMATION ONLY~Name. Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other part!
Construction Performance Bond
Any sing~_qar reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CONSTRUCTION CONTRACT
Date:
Amount:
Description (Name and Location):
iOND
Date (Not earlier than Construction Contract Date):
Amount:
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company:
SURETY
(Corp. Seal) Company:
Signature:
Signature: Name and Title:
Name and Title:
(Corp. Se~l)
CONTRACTOR AS pRINCIPAL
Company:
'SURETY
(Corp. Seal) Company:
Signature:
Signature: Name and Title:
Name and Title:
(Corp. Seal).
EICDC No. 1910-28A (1984 Edition)
Prepared th,,~ugh the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee. The Associated
General Contractors of America, and the American Institute of Architects.
I..The Contractor and the Surety. jointly and severally, bind themselves, ther
heir. executor, admimstrators, successors and ass~ns to the Owner to pay for
labor, materials and equipment furnished t'or use in the performance of the
Construcnon Comz-act, which is inc. orporazed herein by reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor.
2. I. Promptly makes payment, directly or indirectly, for ail sums due
2.2. Defends. indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim.
demand, lien or suit is for payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract.
provided the Owner has promptly notif~-d the Contractor and the
Surety (at the address described in Paragr4ph 12) of any claims,
demands, liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety, and
provided there is no Owner Default.
3. With respect to Claimants. this oblig~Jon shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4. I. Claimants who a~e employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described
in Paragraph 12) a~l sent a copy, or notice thereof, to the Owner,
st,uing that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2. Clairna~ts who do not have a direct contract with the Contractor:.
I. Have furnished written notice to the Contractor and sent a copy,
or notice thereof, to the Owner. within 90 days after having last
performed labor or last furnished materials or equipment in-
cluded in the claim stating, with substantial accuracy, the amount
of the claim and the name of the party to whom the materials
were furnished or SUl:q34ied or for whom the labor was done or
perforwmd: and
2. Have either received a rejection in whole or in part from the
Contractor. or not received within 30 days of furnishing the above
notice any communication from the Contractor by which the
Contractor has indicated the claim will be paid directly or
indirectly; and
:3. Not having been paid within the above 30 days. have sent a
written notice to the Surety (at the address described in Para-
gr~oh 12) and sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and enclosing a copy
of the previous written notice furnished to the Contractor.
5. If a notice required by Parngr4ph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant ha.q satisfied the conditions of Paragr4ph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6. I. Send an answer to the C~mant, with a copy to the Owner. within
45 days ~ft. er receipt of the claim, stating the amounts that are
undisputed and that basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not ex¢_/~__ the amount of this Bond.
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8. Amounts owed by the Owner to the Contractor under the Construction
Contract shall he used for the perfofw~nce of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, sul:~ct to the Owner's priority to use the funds for
the completion of the work.
9. The Surety shall not be liable to the Owner, Claimants or ochers for
obligatmns of the Contractor that are unrelated to the Construction Con-
tract. The Owner shall not be liable for payment 0fany costs or expenses of
any Claimant under this Bond. and shall have under this Bond no obligations
to make payments to, give notices on behalf of, or otherwise have obliga-
tions to Claimants under this Bond.
10. The Surety hereby waives notice of any cha~ge, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
I I. No suit or action shall he commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the
work or part of the work is located of after the expiration of one year from
the date ( I ) on which the Claimant gave the notice required by Subpaz-ag~ph
4. I or Clause 4.2 (iii). or (2)on which the last labor or service was performed
by anyone or the last materials or equipment were furnished by anyone
under the Construction Contract, whichever of (I) or (2) first occurs. If the
provisions of this I~ ~re void or prohibit~:l by law. the minimum
period of limitation available to sureties as a defense in the jurisdiction of the
suit shail be applicable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature pa&,e. Actual receipt of
notice by Surety, the Owner or the Contractor. however accomplished, shall
be sufficient compliance as of the date received at the address shown on the
signature p~tga.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be per.
formed, any provision in the Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and provisions conforming to
such statutor7 or other le~d requirement shall be deemed incorporated
herein. The intent is, that this Bond shall be construed as a statutory bond
and not as a common law bond.
14. Upon request by any porson or entity a4a~:az'ing to be a potential
benefic:iar,/of this Bond, the Contractor shall promptly furnish a copy of this
Bo~d or shaJI permit a copy to be made.
15. DEFINITIONS
15. I. Claimant: An individuai or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas. power, li~t, heat, oil. ~as4)line, telephone service or
rented equipment used in the Construction Contract, a~chitectural
and engineering services required t'or performance of the work of
the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdic-
tion where the labor, mate~als or equipment were furnished.
15.2. Construction Contract: Tbe agzeement between tbe Owner and the
Contractor identified on the signature pa&e, including all Contract
Documents and changes thereto.
15.3. Gwner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY--Name, Address and Telephone)
AGENT o, BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party):
REVISED 00301-3
any other BIDDER to submtt a false or sham Btd; BIOOER has
not solicited or induced any person, firm or corporation to
refrain from bidding; and BIOOER has not sought by
collusion to obtain for itself any advantage over any other
BIOOER or over OI/NER.
4. Btd Prtces.
BIDDER will complete the Work in accordance with the Contract
Oocuments for the following price(s):
All spectfic cash allowances are tncluded tn the prtce(s) set
forth above and have been computed tn accordance wtth paragraph
11.8. of the General Conditions.
UNIT PRICE BID
FOR
CITY OF COPPELL SEWER IMPROVEMENTS
SECTION I - GRAPEVINE III
ITEM ESTIMATED
NO. QUANTITY UNIT
DESCRIPTION AND
PRICE IN gORDS
--.--.....--...--.------....
UNIT
PRICE
TOTAL
A#OUNT
1-4 N/A
5 166
6'13 N/A
N/A NOT USED
LF
For furnishing and placing
8' PVC sewer (15'-20' depth),
complete in place, the sum of
FORTY-FIVE OOLLARS
AND HO CENTS
per linear foot.
N/A NOT USED
$45.00
$7,470.00
14 200 LF
For furnishing and placing 15' $35.00
SDR-35 PVC sewer (0'-10' depth),
complete in place, the sum of
THIRTY-FIVE DOLLARS
AND HO CENTS
per linear foot.
$7,000.00
15 2570
LF
For furnishing and placing
15" SDR-35 PVC sewer (10'-15'
depth), complete in place,
the sum of
FORTY-TgO DOLLARS
AND NQ CENTS
per 11near foot.
$42.00
$107,940.00
00301-4 REVISED
16 1094 LF
]7 230 LF
18 N/A N/A
19 5 EA
20 8 EA
21 1 EA
22
23
N/A
1
N/A
EA
For furnishing and plactng
15" SDR-35 PVC sewer (15'-20'
depth), complete tn place,
the sum of
FTFTY-ONE DOLLARS
AND HQ CENTS
per linear foot.
For furnishing and plactng
15' SDR-35 PVC sewer (20'-25'
depth), complete tn place,
the sum of
$~¥ENTY DOLLARS
AND NO CENTS
per linear foot.
NOT USED
For furnishing and plactng 4
FT dtmeter standard manhole,
complete tn place, the sum of
THENTY-FIVE DOLLARS
AND NO CENTS
per each.
For furnishing and plactng 5
FT diameter standard manhole,
complete tn place, the sum of
T~O THOUSAND EIGHT HUNDRED
OOLLARS AND NO
CENTS per each.
For furnishing and plactng 6
FT dtaeeter standard eanhole,
coeplete tn place, the sue of
THREE THOUSAND ~ HUNDRED
DOLLARS AND NQ
CENTS per each.
NOT USED
For furnishing and plactng 5
FT dtameter drop tnlet ~anhole,
complete tn place, the sue of
THREE THOUSANO EIGHT HUNOREO
DOLLARS AND NQ
CENTS per each.
$51.00
$70.00
$25.00
$2,800.00
$3,200.00
$3,800.00
$55,794.00
$16,100.00
$125.00
$22,400.00
$3,200.00
$3,800.00
24-26 N/A N/A NOT USED
REVISED 00301-5
27
28
29
30-31
3Z
33
34
718
718
N/A
188
835
LF
For furnishing and placing 20"
diameter dry bore, complete in
place, the sum of
SIXTY-FOUR DOLLARS
AND HQ CENTS
per linear foot.
$64.00
LF
For furnishing and placing 20'
diameter casing pipe, c~lete
in place, the sum of
TWENTY DOLLARS
AND HQ CENTS
per linear foot.
$20.00
EA
For abandonment of standard $1,200.00
sewer manhole, complete in
place, the sum of
ONE THOUSANO TWO HUNOREO DOLLARS
AND I~ CENTS
per each.
N/A NOT USED
SY
For removal and replacement
of 8' reinforced concrete
pavement, complete in place,
the sum of
FZFTY DOLLARS
AND HO CENTS
per square yard.
$50.00
SY
For removal and replacement
of reinforced concrete
driveway, complete in place,
the sum of
THTRTY-EIGNT DOLLARS
AND HO CENTS
per square yard.
$38.00
LF
For removal and replacement
of reinforced concrete 4 FT
wide sidewalk, complete in
place, the sum of
NINETEEN DOLLARS
AND HO CENTS
per linear foot.
$19.00
$45,952.00
$14,360.00
$10,800.00
$600.00
$7,144.00
$15,865.00
35-36 N/A N/A NOTUSED
00301-6 REVISED
37 1 LS
38 3555 LF
39(A) 1 LS
40 8 EA
41 102 LF
For furnishing and plactng
landscaping, complete tn
place, the sum of
T~/ELVE THOUSANO _DOLLARS
AND flO CENTS
per lump sum.
For Trench Excavation Safety
and Support, complete tn
place, the sum of
TI~O DOLLARS
AND HO CENTS
per linear foot.
For furnishing and maintaining
Traffic Control stgnage,
barricading, etc. during and
through completion of
construction, complete in
place, the sum of
SIX THOUSAND .DOLLARS
ANO NO .CENTS
per lump sum.
For furnishing and plactng
4" PVC sewer services,
complete tn place, the sum of
ONE THOUSANO DOLLARS
AND flO CENTS
per each.
For furnishing and plactng
24" ASTN F-497 PVC sewer
(25'-30' depth), complete
tn place, the sum of
ONE NUNOREO THIRTY-TMO DOLLARS
AND HO 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 HUNORE TldENTY FOUR OOLLARS ANO NO CENTS (~~..4~)
(use ftgures)
Bidder agrees that all work described in SECTION I - GRAPEVINE III wtll
be completed wtthin 120 calendar days.
Note: The City has set the time for thts sectton at 120 calendar days.
Should the Contractor be the successful low btdder on Sectton I and
Sectton II and/or Section III, the Contractor shall be requtred to
complete Section I within the first 120 calendar days of the total ttme
allotted for completion of the work.
SECTION 90500
AGREEMENT
STATE OF TEXAS )
COUNTY OF DALLAS }
THIS AGREEMENT, MADE AND ENTERED INTO THIS ~/~DAY
~D. 1995, by and ~the ~ ofthe County of~ and State of Texas,
acting through ifs ~ thereunto duly authorized so to do, Party of the First_
Part, hereina~r termed~VNER, and l~iver Valley_ Enters_ rises of the City of Rockw~. County of
Rockw~ and State of~exas, Party of the Second Part, hereinaRer termed CONTRACTOR.
WITNESSETH: That for and in comideration of the paymen~ and agreements herein~er
mentioned, to be made and performed by the Party of the Fir~ Pm (OWNER), and under the
conditions expre~ed in the bond beati~ even date herewith, the ~aid Party of the Second Part
(CONTRACTOR), hereby agre~ with the said Party of the First Part (OWNER) to commence and
complete the construction of certain improv~nents de,~xibed as follow~:
Sanitary Sewer Improvements for Section I - Grapevine HI - SS 94-02
and all extra work in connection therewith, under the terms as stated in the G-eneral Conditions of
the Agreement and at his (or their) own proper cost and expense to furnish ali the materials, supplies,
machinery, equipment, tool~, superintendenc~ labor, in~wam~ and other ~de~ and ~'vice~
necessary to complete the said construction, in ac, cordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special
Conditions and Agreement, Plans and other drawings and printed or written explanatory matter
thereof; and the Specifications and addenda therefor, as prepared by
I-IDR Engineering, Inc. and the City of Coppell Engineering Department
herein entitled the ENGINEER, each 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 Performance and Payment Bonds hereto attached, all of which are made a part
hereof and collectively evidence and constitute the entire contract.
The Contractor ~ agrees to commence work within ten (10) days after the date written
notice to do so shall have bom ~iven to him, and to substantially complete the same within 120
calendar working days after the date of the written notice to conunence work, subject to such
extensions of time as are provided by the General and Special Conditions.
The OWNER alp'ees 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 WrrNF_.SS WttEREOF, the parties to these present~ have executed this Agreen~t in the
year and day first above written.
CITY OF COPP~;-~-L
RIVER VALLEY ENTERPRISES
Party of the F'~t Pm (OWNER)
Party of the Second Part (CONTRACTOR)
)
]
J
I
t
00805-5
SC-4.4. Reference Points
Add the following new paragraph 4.4.1. immediately after
paragraph 4.4:
4.4.1.
Construction stakes shall be provided by the Contractor as
per Item 4.4. of the General Conditions. Vertical control
has been established as shown on the construction plans.
Horizontal control can be established from control points
indicated on the construction plans. The Contractor shall
be responsible for establishing all lines and grades, and
the precise location of all proposed facilities. The
ENGINEER may make checks as the Work progresses to verify
lines and grades established by the Contractor to determine
the conformance of the completed Work as it progresses with
the requirements of the construction documents. Such
checking by the Engineer shall not relieve the Contractor
of his responsibility to perform all Work in connection
with Contract Drawings and Specifications and the lines and
grades given therein.
ARTICLE 5 - BONDS AND INSURANCE
SC-5.1.
Amend paragraph GC-5.1. by adding the following second sentence
of the paragraph.
Maintenance bonds shall be required in the amount of 50% for a
2-year period.
Amend paragraph GC-5.1. by adding the following sentence at the end
of the paragraph.
The performance bond shall include, in part, provisions to
indemnify and hold harmless OWNER, ENGINEER, ENGINEER's
Consultants and their respective officers, directors, agents, and
employees as provided in paragraph GC-6.31.
Also, delete following sentence in 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.
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.
5.3.1.
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:
5.3.2.
Each Accident
Disease Each Employee
Disease Policy Limit
$100,000
$100,000
$500,000
Commercial General Liability Insurance. Contractor shall
take out and maintain during the life of this contract such
General Liability Insurance (including explosive, collapses
and underground damage coverage) as shall protect him and
any subcontractor performing work covered by this contract,
from claims for damages for personal injury, including
accidental death, as well as from claims for property
damages, which may arise from operations under this Contract,
including blasting, when blasting is done on or in connection
with the work of the project, whether such operations be by
himself or by any subcontractor or by any one directly or
indirectly employed by either of them. The minimum amount of
insurance shall be as follows:
5.3.3.
General Aggregate
Product-Components/Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage (any one fire)
Medical Expense (any one person)
$1,000,000
$1,000,000
$600,000
$600,000
$50,000
$5,000
Automobile Liability Insurance. The Contractor shall take
out and maintain during the life of this contract such
Automobile Liability Insurance for owned, hired and nonowned
'00805-7
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.
5.5.
Combined Bodily Injury
and Property Damage
Bodily Injury
Bodily Injury
Property Damage
$600,000 per occurrence
$250,000 per person
$500,000 per accident
$100,000
Protective Liability Insurance. The Contractor shall take
out and maintain during the life of this contract an owners
protective liability insurance policy. Coverage shall be on
an 'occurrence' basis and the policy shall be issued by the
same insurance company that carries the contractors liability
insurance. The minimum amount of such insurance shall be as
follows:
Combined Bodily Injury
and Property Damage
$600,000 per occurrence
$1,000,000 aggregate
Proof of Carriage of Insurance. The Contractor shall furnish
the City with satisfactory proof of carriage of the Insurance
required as required by paragraph 5.8 or the General Conditions.
SC-5.8.
Amend paragraph GC-5.8. by deleting the word 'OWNER' in the third
line and substituting the word 'CONTRACTOR', deleting the words
"and CONTRACTOR" in the seventh line, deleting the words
"paragraph 5.6 and 5.7 ' on the third line and substituting the
words 'paragraph 5.2 and 5.4," and by striking out the words= 'to
whom a certificate of insurance has been issued".
SC-5.10.
Delete paragraph 5.10 in its entirety and insert the following in
lieu thereof.
5.10.
If OWNER requests in writing that other special insurance
be included in the property insurance policy, CONTRACTOR
shall, if possible, include such insurance, and the cost
thereof will be charged to OWNER by appropriate Change Order
or Written Amendment. Prior to commencement of the Work at
the site, CONTRACTOR shall in writing advise OWNER whether or
not such other insurance has been provided by CONTRACTOR.
SC-5.11.
Amend paragraph 5.11.1 to delete reference to paragraphs 5.6 and
5.7 in the 4th line and substituting the words 'paragraph 5.4,'
and delete the word "OWNER" in the next to last line and
substitute the word "CONTRACTOR."
00805-8
SC-5.11.2.
Delete paragraph 5.11.2 in its entirety and insert the following
in lieu thereof:
5.11.2.
CONTRACTOR intends that any policies provided in response
to paragraph 5.4 shall protect all of the parties insured
and provide coverage for all losses and damages caused by
the perils covered thereby. Accordingly, all such policies
shall contain provisions to the effect that in the event of
payment of any loss or damage the insurer will have no
rights of recovery against any of the parties named as
insured or additional insured, and if such waiver forms
are required of any Subcontractor, CONTRACTOR will obtain
the same.
SC-5.12.
Amend the first sentence of paragraph 5.12 to delete reference to
paragraph 5.6 and 5.7 and substituting the words 'paragraph 5.4 of
the Supplementary Conditions.'
SC-5.14.
Delete paragraph 5.14 in its entirety and insert the following in
lieu thereof:
5.14.
If OWNER has any objection to the coverage afforded by or
other provisions of the insurance required to be purchased
and maintained by CONTRACTOR in accordance with paragraphs
5.3 and 5.4 of on the basis of its not complying with the
Contract Documents, OWNER shall notify CONTRACTOR in writing
thereof within ten days of the date of delivery of such
certificates to OWNER in accordance with paragraph 2.7.
Failure by OWNER to give any such notice of objection within
the time provided shall constitute acceptance of such
insurance purchased by the CONTRACTOR as complying with the
Contract Documents.
SC-5.15.
Amend the first sentence of paragraph 5.15 to delete the word
"Substantial.'
Add two paragraphs immediately after Paragraph GC-$.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 tn the Insurance requirements shall be
construed as limtted the extent of CONTRACTOR's
responsibility for payment of damages resulting from hts
operations under the Contract. CONTRACTOR agrees that he
alone shall be completely responsible for procuring and
maintaining full Insurance coverage as provtded herein or
as may be othen~tse requtred by the Contract Documents.
Any approval by OWNER or ENGINEER shall not operate to the
contrary.
ARTICLE 6 ' CONTRACTOR'S RESPONSIBILITIES
SC-6.4o
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
follows:
6.15.1.
Recent legislation has removed the sales tax exemption
previously provided by Section 151.311 of the Tax Code
covering tangible personal property purchased by a
contractor for use in the performance of a contract for
the improvements of City-owned realty.
It is still possible, however, for a contractor to make
tax-free purchase of 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
information and _darn furnished to OWNER or ENGINEER by
the owners of such Unde~round Facilities or by others. Unless it
is other~se exp~ssly provided in the Supplementary Conditkms:
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 all of the following will he included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for:. (i) reviewing and checking all such informa6ou and
_da_,~, (ii) locating all Underground Facilities shown or indicated
in the Contract Documents, (iii) coordina6on of the Work with
the owners of such Undcrground Facilities during constmctkx~,
and (iv) the safety and protection of all such Unde~round
Facilities as provided in paragra~ 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-
TRAC'I~R shaU, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. if ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRAC'I~R 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, CON'i'RACI'OR 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 CO~R for any claims, costs, losses or
damages incurred or sus~ined by CONTRACTOR on or in
connection with any other project or anticipated project.
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction whicl~ in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
wiP' 'hg Work. CONTRACTOR shall be responsible for laying
out the Work. shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of .euch refer-
ence points by professionally qualified personnel.
4.5. .A. sbeste~, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos.
PCBs, Petroleum. Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawin~ or Specifw. ations 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 responsible for any such materials
brought to the site by CONTRACTOR. Subcontractor. Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. 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 comqn~ such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRAL-'I~R shall not he required to resume Work
in connection with such hnTnrdous condition or in any such
affected area until after 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 CONTRAC'I~R 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 coaditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles ! I and 12.
4.5.3. if after receipt of such special written notice
CONTRACTOR does nc~ ~gree 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 _~7~mclous condition or in such af-
'leered area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, it' 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 t'ullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors. ENGINEER, ENGINEER'~
19
Consultants and the ot~cers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such h~7~-dous condition,
provided that: (i) any such claim, cost. loss or damage is
attributable to bodily injury, sickness, disea~ or death, or to
injury to or destruction of l,~ngible property (other tha~ 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 n~inst
the 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, HnTnrdous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5~BONDS AND.INSURANCE
Per/arrogate, l~ym~at and Ogler Boad~:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to thc Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
yem' after the date whey final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are 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 pan of the
Project is located or it ceases to meet the requirements of
paragraph 5. I, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. L~ceared Sureties and lasurer~; Ce~ of Insurance:
5.3. I. A. II Bonds and insurance required by the Contract
Documents to he purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are dub licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3.2. 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 CONTRACTOR 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.
CONTRAL'TOR'~ ~ lamveaee:
5.4. CONTRACIOR 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
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by 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-
TOWs 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 ~re 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 injury to or destruction of tangibJc property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any per'son or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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 customacy exclusion in respect of profes-
sional liability) OWN ER, ENG IN EER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplcrnentary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds:
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mcntary 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
CONT~R's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.1 !. contain a provision or endorsement that the
coverage alforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTILACTOR 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
CONTR,AC"IOR 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'IOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two yea~ after final payment
(and 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 satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER': Liability inmmnce:
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
n~inst claims which may arise from operations under the
Contract Documents.
Property huuraace:
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:
5.6.1. include the interests of OWNER, CONTRAC-
'FOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss. or damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, there, vandalism and malicious mischief,
cazthquake, 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,
CONTRACIOR, 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. Ail 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
g~ven to OWNER and CONTR,AC'1OR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain w~ver provisions in accordance with
paragraph 5. I I.
21
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tiffed deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRA~R 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 CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
S. ll. Waiver
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER. CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and ail 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 damage the insurers will have no fights of
recovery ~inst any of the insureds or additional insureds
thereunder. OWNER and CO~R waive all rights
against each other and their respective ofrr, ers, 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 fights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and ail other p~rsons or entities identified in the Supplemen-
tary Conditions to be listed as insur~cls or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition, OWNER waives all rights n~nst
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5. I 1.2.1. loss duc to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER: and
5.11.2.2. loss or damage to the completed Project or
part thereof caused by. arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or aRer final payment pursuant to par~,raph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequent;al loss referred to in this paragraph
5. ! 1.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery ~iqst any of CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Applical~on of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 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 shall object in writing within fifteen days aRer 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
panics 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.
:5.14. If either party (OWNER or CON'I'RAC'FOR) ha~ an),
obj~tion 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 paragraph 2.7. OWNER and CONTRAC'FOR 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 fa/lure
to purchase prior to the sta~ 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 covera&e, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Par~ai Ug#.izaz~-Pr~er~y lasama~e:
'LIS. If OWNER finds it necessary to occupy or use a
portion or portions oftbe Work prior to Substantial Completion
of all thc 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--CO~R'S RESPONSIBILITIES
S~i~ ~i SRaeri~n~a~e:
6. !. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessa~/to perform the Work in accordance with the Con-
tract Documents. CON'I'R,AL-~OR shall be solely responsible
· for the means, methods, techniques, sequences and procedures
of construction, but CONTR,AC-TOR 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. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shah not be replaced without written nodce to OWNER .and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACIOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All conu~unications to the superintendent shall be as
binding as if given to CONTRAC~'OR.
I.,~or, Ma~era~l~ m~! Equipmem:
6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
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
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, mmsportation, 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 other~se provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the behefit 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. cleared and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progre. u $¢l~hde:
6.6. CONTRAC~'OR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9} pro-
posed adjustments in the 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 pro~ss schedule
that will change the Contt=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. Sabstitales earl "Or.,~lmsl" l~ems:
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 followingcircumstances:
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