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ST8601-CN 901001
CONTRACT DOCUMENTS, SPECIFICATIONS and GENERAL and SPECIAL CONDITIONS of AGREEMENT for CONSTRUCTION OF WATER AND SANITARY SEWER IMPROVEMENTS MACARTHUR BOULEVARD DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL for COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 OCTOBER, 1990 CARTER & BURGESS, INC. DALLAS, TEXAS NOTICE TO BIDDERS Sealed bids, addressed to Copper Municipal Utility District No. 1, c/o Pierce Lunsford and Associates, Inc., will be received in the office of Pierce Lunsford and Associates, Inc., 3109 Carlisle #206, Dallas, Texas, 75204, until 10:00 a.m., , 1990, and then privately opened and read aloud for furnishing all labor, materials, and equipment to construct water and sanitary sewer improvements in MacArthur Boulevard, Deforest Road to Denton Creek Drainage Channel. The proposal shall be made on the form attached hereto and shall be submitted in an sealed envelope which shall be marked on the outside that it is a bid for MacArthur Boulevard, and the time and date the bid is to be opened. The right is reserved as the interest of the Owner may require, to reject any and all bids and to waive any and all bids and to waive any informalities in any bids received. Bids shall be completed on attached forms. Any bids received not on attached forms, or not qualified, shall be rejected. Bids shall be submitted with a 2% bid bond or a cashier's check in the amount of 2% of the contract amount. Specifications and bidding documents, may be secured from the office of Pierce Lunsford and Associates, Inc., 3109 Carlisle #206, Dallas, Texas, 75204, upon paying a non-refundable fee of $25.00 per set. The bidder shall carefully examine the specifications and other documents, and fully inform himself as to all conditions and matters which can in any way affect the work or cost thereof. Bidder shall personally inspect the site prior to submitting bid. Bidder shall perform quantity verification prior to submitting bid. Should a bidder find discrepancies in or omissions from the specifications or other documents, or should he be in doubt as to their meaning~ he should at once notify the Engineer and obtain clarification prior to submitting any bid. By submitting the bid, the bidder represents that he has inspected the site, the Contract Documents, plans, and has fully informed himself of any and all matters which in any way affect the work, progress, or cost. All construction described in this proposal and construction drawings shall be done in accordance with the Standard Specifications of the North Texas Council of Governments, the City of Coppell, and the Coppel] Municipal Utility District No. 1. Successful bidder agrees to begin construction on or before the date of the Notice to Proceeed, to substantially complete in full within 20 calendar days, and to complete in full within 35 days. COPPELL MUNICIPAL UTILITY DISTRICT NO. C&B220101 N-1 CONTRACT DOCUMENTS UTILITY CONTRACT Construction of Water and Sanitary Sewer MACARTHUR BOULEVARD DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL TABLE OF CONTENTS Notice to Bidders Proposal Standard Form of Agreement Performance Bond Payment Bond Waiver of Lien General Conditions of Agreement Supplemental Conditions Technical Specifications SECTION 1 SECTION 2 SECTION 3 SECTION 4 Supplemental Technical Specifications Sanitary Sewer Water Trench Safety Earthwork N-1 P-l-7 SFA-1,2 B-l-2 B-3-4 B-II GC-1-33 SC-1-6 TS-1 TS -6 TS-10 TS-II STS1 PROPOSAL Coppell Municipal Utility District No. 1 % Pierce Lunsford and Associates, Inc. 3109 Carlisle #206 Dallas, Texas 75204 Gentlemen: The undersigned, as bidder, dedares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, fh-m or corporation; that he has carefully e~mmined the form of contract, Notice to Bidders, Specifications, and the plans therein referred to, and has carefully examined the locations, conditions and classes of all materials of the proposed work; and agreed that he will provide all the necessary labor, machinery, tools, and apparatus, and other items in6dental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the En~neer as therein set forth. It is understood and agreed to that this contract is per unit price and that actual quantifies may vary. Bids shall be submitted on the provided bid form, and bid not submitted on supplied bid form or a qualified bid shall be rejected. C&B220101 P-1 BID PROPOSAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES - MACARTHUR BLVD. DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL NO. DESCRIPTION UNIT APPROX. QUANTITY For furnishing and installing 8" PVC SDR 35 sanitary sewer pipe with embedment, complete in place, the sum of Dollars and Cents per Linear Foot LF 380 UNIT PRICE TOTAL AMOUNT For furnishing and installing 4" PVC Schedule 40 sanitary sewer force main with embedment, complete in place, the sum of Dollars and Cents per Linear Foot LF 320 $ 4o For furnishing and installing 4' diameter standard santiary sewer manhole, complete in place, the sum of Dollars and Cents per Each For furnishing and installing 8" drop connection, complete in place, the sum of Dollars and Cents per Each 3 C&B220101 P-2 BID PROPOSAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES - MACARTHUR BLVD. DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL NO. DESCRIPTION UNIT APPROX. QUANTITY For furnishing and installing concrete encasement, as detailed, complete in place, the sum of Dollars and Cents per Linear Foot LF UNIT PRICE TOTAL AMOUNT For furnishing and installing 12" PVC SDR 14 water pipe including embedment and backf'fll, complete in place, the sum of Dollars and Cents per Linear Foot LF 1500 $ For furnishing and installing 8" PVC SDR 14 water pipe including embedment and backfill, complete in place, the 'sum of Dollars and Cents per Linear Foot For furnishing and installing 12" gate valves, complete in place, the sum of LF 220 Dollars and Cents per Each C&B220101 P-3 BID PROPOSAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES - MACARTHUR BLVD. DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL NO. DESCRIPTION UNIT APPROX. QUANTITY For furnishing and installing 8" gate valves, complete in place, the sum of UNIT PRICE TOTAL AMOUNT Dollars and Cents per Each EA 4 *. 10. For furnishing and installing fire hydrant assembly, complete in place, the sum of 11. Dollars and Cents per Each For furnishing and installing 2" flushing valve, complete in place, the sum of EA 4 $. 12. Dollars and Cents per Each For furnishing and installing 2" air relief valve, complete in place, the sum of EA 1 $ Dollars and Cents per Each EA 1 $ C&B220101 P-4 BID PROPOSAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES - MACARTHUR BLVD. DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL NO. DESCRIPTION UNIT APPROX. QUANTITY 13. For furnishing and installing compact ductile iron fittings with gland packs, inlcuding crosses, tees, bends, plugs, complete in place, the sum of UNIT PRICE TOTAL AMOUNT Dollars and Cents per Lump Sum LS i $ $ 14. For connecting to existing water system, complete in place, the sum of Dollars and Cents per Lump Sum LS 1 $ $ 15. 16. For sanitai'y sewer system test, complete in place, the sum of Dollars and Cents per Lump Sum For video camera inspection, complete in place, the sum of Dollars and Cents per Linear Foot LS 1 $ $ LF 700 $ $ C&B220101 P-5 BID PROPOSAL FOR THE CONSTRUCTION OF PAVING, DRAINAGE AND UTILITIES - MACARTHUR BLVD. DEFOREST ROAD TO DENTON CREEK DRAINAGE CHANNEL NO. DESCRIPTION UNIT APPROX. QUANTITY 17. 18. 19. For water system test, complete in place, the sum of Dollars and Cents per Lump Sum For Trench Safety Program in accordance with OSHA 2226 (1985 revised) U. S. Department of Labor, Occupational Safety and Health, Administration, Excavation, and Trench Operations, the sum of Dollars and Cents per Linear Foot For Trench Safety design, the sum of LF 700 $. UNIT PRICE TOTAL AMOUNT Dollars and Cents per Lump Sum LS 1 $ TOTAL BASE BID C&B~0~I P-6 The successful bidder understands and agrees to commence work on or before the date of the Notice to Proceed; and that the work is to be sub~antlally completed within 20 calendar days, and completed in full within 35 calendar days, based upon contract awarded, after the date so stated in the Notice to Proceed on which work is to be commenced. Time shall commence on the fu'st day of move-in, but in no case later than the date so stated on the Notice to Proceed. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the City of Coppell, Copper Municipal Utility District No. 1, and the Owner. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and t'mal. BIDDER: ATTEST (if a Corporation) Secretary By:. Title: (Corporate Seal) MAILING ADDRESS C&B220101 P-7 This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS' JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN ! SOC~£T~ o. ! C~WL / ~.ENGINEER$I ~younoc./ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract, No. 1910-8, 1983 edition. Their provisions are interrelated and a change in one may necessitate a change in the others. The suggested language for instructions to bidders contained in the Guide to the Preparation of Instructions to Bidders, No. 1910-12, 1983 edition, is also carefully interrelated with the language of this Agreement. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. See also Guide to the Preparation of Supplementary Conditions, No. 1910-17, 1983 edition. EJCDC No. 1910-8-A- l ( 1983 Edition) Rcpnmed 9/1¢6 NOTE TO USER Certain states and federal agencies require provisions in public contracts which permit Contractors to deposit acceptable securities with Owner or a stakeholder in lieu of retainage. Many Owners will not accept this procedure except where required by Laws or Regulations. In the event such a procedure is required, the provisions of this Agreement and possibly those of the other Contract Documents dealing with retainage should be amended, and an attorney should be consulted to prepare the revised language. Among the issues to be addressed by such language are: initial and subsequent valuations of the securities, right to withdraw excess collateral and obligation to deposit additional collateral as market value changes, who is entitled to interest and dividends on deposited collateral, rights of construction lender in deposited collateral, respon- sibilities of stakeholder, may collateral be freely sold in the event of Contractor default and method of such sale, and application of Uniform Commercial Code and state and federal security laws to the arrangement. © 1983 National Society of Professional Engineers 1420 King Street. Alexandria. VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington. DC 20005 American Society of Civil Engineers 345 East 47th Street. New York. NY 10017 Construction Specifications Institute 601 Madison Street. Alexandria. VA 22314 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the year 19. by and between day of in the (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Article 2. ENGINEER. The Project has been designed by who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed on or before 19 , and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before 19 __. 3.1. The Work will be substantially completed within days from the date .when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance w_ith Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER dollars ($. ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work' is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER dollars ($ .) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: [here insert a lump sum, unit prices or both, if necessary attach exhibits and list them in Article 8.] [CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, information as to alternatives, etc.] Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Condi- tions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. __.% of Work completed. If Work has been 50% completed as determined by ENGI- NEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. % of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in para- graph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CON- TRACTOR to % of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article ~6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. 2 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress· performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions: and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examina- tions, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement {pages I to __, inclusive). 8.2. Exhibits to this Agreement (pages __ to __ 8.3. Performance and other Bonds, identified as exhibits pages. 8.4. Notice of Award. 8.5. General Conditions {pages __ to __ 8.6. Supplementary Conditions (pages ~ ,inclusive). · inclusive). to __, inclusive). and consisting of 8.7. Specifications bearing the title and consisting of divisions and ~ pages, as listed in table of contents thereof. 8.8. Drawings, consisting of a cover sheet and sheets numbered __ through __, inclusive with each sheet bearing the following general title: [Fill in, and, if a set of Drawings is not attached to each signed counterpart of Agreement, so indicate, in which case OWNER and CONTRACTOR should initial or otherwise appropriately identify all Drawings.] 8.9. Addenda numbers to ~, inclusive. 8.10. CONTRACTOR's Bid (pages to__ · inclusive) marked exhibit [Attach Bid Form only in special circumstances.] 8.1 I. Documentation submitted by CONTRACTOR prior to Notice of Award (pages , inclusive). to 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supple- menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal represen- tatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. -- 4 Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER By [CORPORATE SEAL] Attest Address for giving notices CONTRACTOR By [CORPORATE SEAL] Attest Address for giving notices License No. (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process: (If CONTRACTOR is a corporation, attach evi- dence of authority to sign.) -- 5 Construction Performance Bond Any singular reference to Contractor. Surety, Ow'her or other party shall be considered plural where applicable. CONTRACTOR tName and Address~: OWNER (Name and Address)' CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): SURETY (Name and Principal Place of Business): !- r F F .-' BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bo, nd Form: CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seall CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) EJCDC No. 1910-28A (1984 Edition) Prepared through 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. t ]'he Contractor and the Surer'.. jomfl', and ',e'.erallt,. b~nd for Ih¢ p¢~ormanc¢ of the Con~c[ion L'onlr;ct. ~hlch t~ herein Ov 2 if the Con[r;ctor pe~'orm~ ~he Construction Comract. th~ Sure[~ and [he Contractor shall h~e no obligation under lhl~ Bond. ¢xcep~ to par- ) [f there ~s no O~ner Default. the Surer} ~ o0hgauon under th~s Bond ,nail arise 3 :. rh~ t)~ner h~ not~fied Ih~ Contrgctor ~nd the Sur~ty at tl~ d~r~bed m Paragraph 10 below, that Ih~ O~ner ~s dec[artn~ a Contractor Default and ha~ requested and attempted to ~rr~ln~¢ a ~onl'~ren~ ~th th~ Contractor and the ~ur~t~ ~o held not later lean fif!~n da~s ~fler receipt of ~u~h nol~c~ ~o d~,~u~ m~thods of pe~ormmg t~e Construction Contract. If th~ ~)t~ net. t~e Contractor and the fiur¢ly agree, th~ Contractor shall 5e ailo~d ~ reasonable t~me to pe~'orm the Construction Con- ~ra~:. ~ut such ~n agreement shall nol ~m~e the O~ner's n~ht. an~. ~u~sequenfl~ to de~[~rc ~ Conlractor Default: ~nd 3 2. The O~ner has d~cJared a Contractor Default and Mrmall) ter- minated [~e Contrnc:or's n~ht to ~ompiete thc conlra~t. Such Contractor Defzuh shall not be declared earlier th~n t~enly alter the Contractor and the Sureb have recewed not,ce a~ pro- ~ded m Sub~ara?a~h ),1: and ~ ~ The Ot~ner ha~ agreed ~o pa~ the B~iance of the Contr;ct Price ~o the ~uret) ;n ~ccord~nc¢ ~[h the terms o([h¢ Construction ~ontr~ct or [o a contractor ~¢Jectcd [o p¢~orm [he Cons[ructton Contract ~n accordance ~Hh [he terms of the contract ~l(h z. ~ hen the 0~ n~r h~s ~[l~fied the condmons of ParaBraph 3. ~he SureD shall prompHy and at ~he Sure~ '~ e~pense J~k¢ one o~ ~he follo~Jn~ 4. I ~rran~¢ for the Comractor. ~h con~¢ntoflh¢ O~ner, ~o ~nd complete the Cons[ruct~on Comrac[: or 42. Undertake to pe~'orm and complete the Conslruc~on ~amract Hself. through Hs ~gents or through independent contractors: or 43 Obtain bids or ne~o~mled propo~al~ from qualified conlraclors acceptable ~o the ()~ ncr for u contract for performance and com- ptet~on of the Con,traction Contract. arrange for a contract to be prepared for execution by ~he O~ner and the contractor selected %~tlh the O~fler's concurrence, to be secured ~ith pe~'or~aHc~ and pa>meat bond~ executed by a qualified surety ¢quivalenl to the bonds issued on the Conslructton Contract. and pay to O~ner the amoum of damages as described in Paragraph exce~s of the Balance o'fthe Contract Price recurred by the O~vner resulting from the Contractor'> default: or 4 4 ~Vaiv¢ its rl~h[ to pea'otto and complete, arrange t~r comple~on. or oblal~ a n~% contractor and %~ lib reasonable promptness under the c~rcumstance~: 1. After m%estJBat~on, determine the amount t~r t~hich ~t may Imol~ to the O%~ net and. as ~oon as pracllcable after the amount Js determined, tender pa> mcat therefor to the Owner; or 2. Den> liability ~n ~hol¢ or m part and notify the Owner citing reasons therefor. 5. If the Sureb does not proceed as provided in Paragraph 4 with reason- ,able gromplness, the Surety shall be deemed to b~ in default on this Bond fifteen days after receipt of an additional ~ritlen notice from the O~ner to the Surer> d¢mandin~ that the Surety perform its obligations under this Bond. and the O~ ncr shall be entitled to cnforcc any remed> availabl~ ~h¢ O~ner. If the Sur¢t> proceeds as provided in Subparagraph 4.4. and the O~ner refuses the pa> mcat tendered or thc Surety has denicd liability. m ~hole or in pa~. ~ithout lumber nol~ce the Owner shall be entitled to enforc~ any remedy available to thc Owner. h. After the O,.~ner ha,, terminated the Contractor s right to complete the Construction Contract. and if the Surer% ejects IO act under Subparagraph .J. I. 4 2. or 4 3 above, then the respon~bflmes of 1h¢ S~t¢l% Io th~ O~ n~r ,hall not be greater than those of the Contractor under the Construction Contract. and the respons]bdities of the O~ner to the Surel~ shall not ~reater than those of the O~ner under the Construction Contract. To the [im~t of the amount of this Bond. but subject to commitment by the O~ ncr of the Balance of the Contract Price to mmgat~on of cost~ and damae¢~ on the Construction Contract. the Suret> ~ obligated ~thout duplication for: 6 I. The re~ponsibilmes of the Contractor for co~¢ctton ~ork and comDtet~on of the Construction Contract: h2. Additional legal, design professional and delay costs requiting (rom the Contractor's Det~uit. and re~uhmg from the achon~ or fadure to act ofthe Surety under Paragraph 4: and ~.3. Ltqu~dateddama~es. or ff no liqmdated damages are ~pec~fied ~n the Construction Contract, actual damag¢~ caused b> deia>ed pe~ormance or non-pe~ormance of the Contractor. '. The Surety shall not be liable to the O~ner or others for obligations o( the Contractor that are unrelated to the Const~cuon Contract. an~ the Baiance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No ~ght of action shall accrue on th~s Bond to a~y person or CHilly other th~H the O~ner or its he,rs. admimstrators, or successors. S. The Surety hereby wmves notice of any change, including changes of time. to the Construcuon Contract or to related subcontracts, purcnase orders and other obligauons. 9 Any proceeding, legal or equitable, under this Bond may be insututed in any coum of competent jurisdiction m the location m ~hich the ~ork or part of the ~ork is located and shall be instHuted ~nhm two >ears after Contractor Default or w~thm t%~o years after ~he Contractor ceased ~ork- mg or ~tthin t~o years after the Surety refu)es or faits to pemorm ~ts obligations under this Bond. ~hichever Dee"rs first. [f the pro~sions this Paragraph are void or prohibited b? .... the mm~mum period of limitation available to sureues as a defense m the jurisdtcnon of the suit shall be applicable. 10. Notice to the Surety. the O~'ner or the Contractor shall be mailed or delivered to the address sho~'n on the signature page. II. When this Bond has been furnished to comply ~tth a ~tatutory other legal requirement in the Iocauon ~here the con~trucuon ~as to b.' pe~'ormed, any provision m this Bond conflicting ~th smd statutory or legal reqmrement shall be deemed deleted herefrom and provisions con- forming to such statutor} or other legal reqmrement shall be deemed incorporated hereto. The intent is that this Bond shall be construed as a statutory bond and not as a common Ja~' bond. 12. Definmons. 12. [. Balance of the Contract Pnce:_The total amount pa%able b~ the O~ner to the Contractor under the Constructlo, Contract after ail proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received the Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled, reduced b~ all valid and proper payments made to or on behalf of the Contractor under the Const~ctio~ Contract. 12.2. Const~ction Contact: The agreemem between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 12.3. Com~ctor Default: Failure of the Contractor. which has neither been remedied nor waived, to pefiorm or othe~ise to compl> with the terms of the Construcuon Contract. 12.4. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Constructio~ Contract or to pe~orm and complete or comply with the other terms thereof. (FOR INFORMATION ONLY~Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Construction Payment Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Businessl: OWNER (Name and Address): CONSTRUCTION CONTRACT Date: ,Amount: Description lName and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: SURETY (Corp. Seal) Company: Signature: Name and Title: (Corp. Seal) CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corp. Seal) EJCDC No. 1910-28B (1984 Edition) Prepared through the .joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of America. American Institute of Architects. American Subcontractors Association. and the Associated Specialty Contractors. ]. The Contractor and the Surety. jo~ntlv and se','¢raJly, bind themsel',es. their heirs, executors, administrators. ~uccessors and assigns to the Owner to pa~ for labor, materials and equipment ['urmshed for use ~n ~he perfor- mance of the Construction Contract. ~,hlch ~s ~ncorporated herein reference. 2. With respect to the O~,ner. this obis_Ration shall be null and void if the Contractor: · I. ?rompdy makes paTment, dtrectlT' or mdtrectly, for all sums due Claimants. and 2.2. Defends. mdemmfies and holds harmless the O,~ net from all cta~ms. demands, liens or su~ts by anT' person or entttT u, ho furm~bed labor, materials or equipment for u~e ~n the performance o( Construction ContracI. provided t~e O~n~r has prom~d~ notified the Contractor and the Surety ~at the address described in Para- graph 12~ of any claims, demands, liens or su~ts and defense of such claims, demanOs, t~ns or sutts to the Contractor and the Surer?. and provided ~her~ ~s no O~ner ~faulL 3. With respect to Claimants. IBis o~ligation shall ~e null and votd if Contractor promptly makes payment, directl5 or m~ir~ctly, for all sums due. 4. The Surety shall have no o~ligation to Claimants under ibis Bon~ until: 4.1. Claimants ~ho are employed ~y or have a direct contract the Contractor have given nouce to the Suret~ lat the address described in Paragraph 12) and sent a copy. or nouc~ thereof, to the Owner. stating lhat a claim ~s being made un0er this ~ond and. ~th 5uDstantial accuracy, the amount o(the daim. 42. Claimants ~ho do not have a direct contract x~th the Contractor: 1. Have furnished ~ritten nottce to the Contractor and sent a copy, or nouce thereof, to the Caner. ~ilhm ~ days after ha~ tn8 last performed labor or last f~mished ma[er[ais or equip- men[ included in the claim stating. ~[h substantial accuracy. :he ~moun[ of the claim and the name o( ~he party (o ~hom the m~ter~ais were t'urnished or supplied or for ~ horn the labor ~s done or performed: ~nd 2. Have either received a reJeCtion m ~hoi¢ or m part from Contractor. or not received ~[htn ~0 days of furmshm~ the abo~ e no~ce 3ny communication from the Contractor 0y ~ h~ch the Contractor has indicated the claim will be pard directly or indirecdy: 3nd ~. ~o[ h;vm~ been paid within the above ~0 days. have sen~ written nouc¢ to ~he Surety ~a[ the address described in Para- ~raph 12) 3nd sent a copy. or no~ic¢ thereof, to the Owner. 5[~[,n~ [hat a claim ~ bein~ made under [his Bond and ¢nclosm~ ~ copy of the previous ~rl[ten nouce furnished to the Con- tractor. ~. If a notice required by Paragraph 4 is ~iven by the Owner to Contractor or [o ~he Surety. [hat is sufficient compliance. b. When the Claimant has satisfied the conditions of P=ra~raph 4. Surety shall promptly and at the Surety's expense take the 6. i. ~Scnd an answer to the Claimant. with a copy to the Owner. within 45 days after rec¢~p~ of the claim, statin~ the amounts that are undisputed and the basis for chailen~m~ any amounts that are disputed. b.:. P=~ or arrange for payment of any undisputed amounts. ' The Surety's total obligation shall no~ exceed the amount of this Bond. and the amount o( this Bond shall be credited for any payments made in ~ood faith b~ ~he Surety. ~. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the pe~ormance of the Construction Contract and to satisfy claims, if an)'. under any Con,,Iruct~on Performance Bond. By the Contractor furnishing and the Or. nor acceptm_a th~s Bond. the; agree that all funds earned by the Contractor m the performance of the Construction Contract are dedicated lo sausf~, obligations of the Con- trac:~r and the Surety under th~s Bond. subject to the Owner's priority. to : :ne funds for the complet)on of the '.,,ork. q ~ he Sureu,' shall not be liable to the Or. nor. Claimants or others for obligations of the Contractor that are unrelated to the Construction Con- tract. The Owner shall not be liable for pa).ment of any costs or of any Claimant under this Bond. and shatl ha',e under this Bond no obligations to make payments to. g,',,'e not,cos on behalf of. or otherv, p,e have cc'qigatlons to Claimants under Ibis Bond. 10. The Sur,'ty hereby waives notice of any change., including changes of time. to the Construction Contract or to related ~ubcontracts. purchase orders and other obtigatlons. I I. No suit or action shall be commenced by a Claimant under th~s Bond other than ~n a court of competent jurisdiction Jn the location ~n '.~,h[ch the v, ork or part of the u, ork is located or after the expiration of one .',ear from the date II) on which the Claimant ga'.e the not,ce required Subparagraph 4.1 or Clause 42 {iii). or ~2) on v,,h~ch the last labor ser~,'lce was performed by an),one or the last materials or equipment '.,.ere furnished by anyone under the Construction Contract. ~.,hiche'.er of cfi2) first occurs. If the provisions of this Paragraph are ','old or proh[bited by taw. the minimum period o£ limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Suret.s. the Owner or the Contractor shall be mailed ~r deii~,'ered to the address shown on the s~gnature page. Actual receipt of notice by Surety. the O~,ner or the Contractor. however accomplished. shall be sufficient compliance as of the date recei', ed at the address shov. n on the signature page. 13. When this Bond has been furnished to comply '.,,~th a ',talutort. or other legal requirement in the [oi:ation v, here the construction ',,.as to be performed, any pro',ts[on in this Bond conflicting ',~,ith sa~d ~tatutor). or legal requirement shatJ be deemed deleted herefrom and pro~,~,,ion..~ con- forming to such statutory or other Jegat requirement ,,hall be deemed incorporated herein. The intent ~s. that this Bond ,~hall be con:,trued statutory bond and not as a common ia,,,, bond. 14. Upon request by any person or entK5 appearing to be a potem~a!. beneficiary of this Bond. the Contractor shall promptS.', furm~h a copt o~' this Bond or shall permit a copy to be made I~. DEFINITIONS l~.l. Claimant: An individual orentitt, having a direct contract v.~tn the Contractor or with a subcontractor ct' the Contractor to furnish labor, materials or eqmpment for use in the performance of the Contract. The intent of this Bond shall be to include v, ~thout limitation in the terms "labor. materials or eqmpment" that part of water, gas. power, light, heat. oil. gasoline, telephone service or rental equipment used in the Construction Contract. architec- tural and engineering services required for performance of the ',,,ork of the Contractor and the Contractor' s subcontractors, and all other items for which a mechanic's lien may be asserted m the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The a_areement between the Owner and the Contractor identified on the s~gnature page. including ail Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Conslruction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY--Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): WAIVER OF LIEN THE STATE OF TEXAS > > COUNTY OF DALLAS > The undersigned contracted with CoDvell Municipal Utility District No. 1, to furnish Water and Sanitary Sewer Improvem~nt~ in connection with certain improvements to real property located in the City of Coppelk County of Dallas, and the State of Texas. descn"oed as MacArthur Boulevard (the "Property)", and owned by City of Coppell, which improvements are descnq~exi generally as follows: Construction of sanitary sewer and water improvement$. In consideration of Dollars ($. ) and other good and valuable consideration, the undersigned does hereby waive and release any mechanic's lien or materialman's lien or claims of lien that the undersigned has or may have again.~t the Property and the improvements, which the undersigned has or hereafter has on the Property on account of any labor performed or materials furnished or to be furnished or labor performed and materials furnished by the undersigned pursuant to the above-mentioned contract, or any constitutional lien that the undersigned may have. Contractor SUBSCRIBED AND SWORN TO BEFORE ME by , on this the day of , 1990, to certify which witness my hand and seal of Office. lSEALI Notary Public in and for the State of Texas My Commission Expires: C&B220101 B-Il This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STAND~ GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By [FOUAM£RICAN 1 SOCIETY OF' ~ CIVIL J NGINEERSI ND~O~ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated Gender'S' ~ontractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2, 1983 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, 1981 edition. For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Edition) ©1983 National Society of Professional Engineers 2029 K Street, N.W., Washington, D.C. 20006 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number I '3 3 Title Page DEFINITIONS ...................................................... 7 PRELIMINARY MATTERS ........................................ 8 CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS .............................................. 10 5 BONDS AND INSURANCE ........................................ I I 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK ..................................................... 18 8 OWNER'S RESPONSIBILITIES .................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... I I CHANGE OF CONTRACT PRICE .................................. 21 12 CHANGE OF CONTRACT TIME ................................... 24 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26 15 SUSPENSION OF WORK AND TERMINATION .................. 29 16 ARBITRATION ..................................................... 31 17 MISCELLANEOUS ................................................. 32 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance ............................. 5.13 Access to the Work .................................. 13.2 Addenda---definition of (see definition of Specifications) ........................................ 1 Agreement---definition of ................................ 1 All Risk Insurance ..................................... 5.6 Amendment, Written ............................. I, 3.1. I Application for Payment~efinition of .................. I Application for Payment, Final-. ..................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Paymentmreview of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4. I Award. Notice of~efined .............................. I Before Starting Construction ...................... 2.5-2.7 Bid--definition of ....................................... I Bonds and lnsurancemin general ........................ 5 Bonds---definition of ..................................... 1 Bonds, Delivery of ............................... 2.1, 5.1 Bonds, Performance and Other .................... 5. I-5.2 Cash Allowances ..................................... 11.8 Change Order---definition of ............................. 1 Change Orders~to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of---on Final Payment ............... 14.16 C!a_,5_'fications and Interpretations ...................... 9.4 Cleaning ............................................. 6.17 Completion ............................................. 14 Completion, Substantial ......................... 14.8-14.9 Conference, Preconstruction .......................... 2.8 Conflict, Error, Discrepancy~Contractor to Report ...................................... 2.5, 3.3 Construction Machinery, Equipment. etc .............. 6.4 Continuing Work ..................................... 6.29 Contract Documents~amending and supplementing .................................. 3.4-3.5 Contract Documents~efinition of ...................... 1 Contract Documents--Intent ...................... 3.1-3.3 Contract Documents--Reuse of ....................... 3.6 Contract Price. Change of .............................. 11 Contract Price--definition ............................... I Contract Time, Change of .............................. 12 Contract Time. Commencement of .................... 2.3 Contract Time~efinition of ............................ I Contractor---definition of ................................ I Contractor May Stop Work or Terminate ............. 15,5 Contractor's Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5.3.2 Contractor's Fee--Cost Plus... 11.4.5.6, 11.5.1. 11.6-11.7 Contractor's Liability Insurance ....................... 5.3 Contractor's Responsibilities--in general ................ 6 Contractor's Warranty of Title ........................ 14.3 Contractor~ther ...................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor--definition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13. I I Correction Period, One Year ........................ 13.12 Correction, Removal or Acceptance of Defective Work--in general ........................... 13. i 1-13. ! 4 Cost--net decrease ................................. 11.6.2 Cost of Work .................................... 11.4-11.5 Costs. Supplemental ................................ 11.4.5 Day~efinition of ....................................... 1 Defective---definition of .................................1 Defective Work, Acceptance of ...................... 13.13 Defective Work, Correction or Removal of .......... 13.1 I Defective Work--in general ............... 13, 14.7, 14.11 Defective Work. Rejecting ............................. 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2. ! Determination for Unit Prices ........................ 9.10 Disputes, Decisions by Engineer ................. 9.11-9.12 Documents, Copies of ................................. 2.2 Documents, Record .................................. 6.19 Documents, Reuse .................................... 3.6 Drawings---definition of ................................. I Easements ............................................ 4.1 Effective date of Agreement--definition of ............... 1 Emergencies .: ....................................... 6.22 Engineer--definition of .................................. I Engineer's Decisions ............................ 9.10-9.12 Engineer's--Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14.4, 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6, 9.11,9.13-9.16 Engineer's Status During Construction--in general ...... 9 Equipment, Labor, Materials and .................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions ................... 4.2 Fee. Contractor's--Costs Plus ........................ 11.6 Field Order4efinition of ............................... I Field Order~issued by Engineer ................ 3.5. I. 9.5 Final Application for Payment ....................... 14.12 Final Inspection ..................................... 14. I I Final Payment and Acceptance ...................... 14.13 Final Payment, Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 General Requirements~definition of ..................... 1 General Requirements--principal references to ................. 2.6, 4.4, 6.4, 6.6-6.7, 6.23 -- 4 Giving Notice ........................................ 17.1 Guarantee of Work--by Contractor ................... 13. I Indemnification ............................. 6.30-6.32.7.5 Inspection, Final .................................... 14. I ! Inspection. Tests and ................................. 13.3 Insurance. Bonds and--in general ....................... 5 Insurance. Certificates of ........................... 2.7, 5 Insurance--completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance, Property .............................. 5.6-5.13 Insurance--Waiver of Rights ......................... 5. I I Intent of Contract Documents ................... 3.3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations---definition of ..................... I Laws and Regulations--general ....................... 6.14 Liability Insurance---Contractor's ..................... 5.3 Liability Insurance---Owneffs ......................... 5.5 Liens--definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11.9.13-9.16 Materials and equipment--furnished by Contractor .... 6.3 Materials and equipment--not incorporated in Work .............................. 14.2 Materials or equipment---equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... 7 Notice, Giving of ...................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award---definition of .......................... I Notice to Proceed---definition of ......................... I Notice to Proceed--giving of .......................... 2.3 "Or-Equal" Items ..................................... 6.7 Other contractors ....................................... 7 Other work .............................................. 7 Overtime Work--prohibition of ........................ 6.3 Owner--definition of .................................... 1 Owner May Correct Defective Work ................. 13.14 Owner May Stop Work ............................... 13.10 Owner May Suspend Work..Terminate .......... 15.1-15.4 Owner's Duty to Execute Change Orders ............. I 1.8 OwneE's Liability Insurance ........................... 5.5 Owner's Representative--Engineer to serve as ........ 9.1 Owner's Responsibilities--in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization---definition of ......................... 1 Partial Utilization--Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments, Recommendation of ........... 14.4-14.7, 14.13 Payments to Contractor--in general .................... 14 Payments to Contractor--when due ........... 14.4, 14.13 Payments to Contractor--withholding ................ 14.7 Performance and other Bonds ..................... 5. I-5.2 Permits ............................................... 6.13 Physical Conditions ................................... 4.2 Physical Conditions--Engineer's review ............. 4.2.4 Physical Conditions---existing structures ............. 4.2.2 Physical Conditions--explorations and reports ....... 4.2. i Physical Conditions---possible document change ..... 4.2.5 Physical Conditions---price and time adjustments .... 4.2.5 Physical Conditions--report of differing ............. 4.2.3 Physical Conditions--Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of ................................ 6.16-6.18 Price, Change of Contract .............................. 11 Price-Contract4e finition of ............................ I Progress Payment, Applications for ................... 14.2 Progress Payment--retainage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project4efinition of .................................... I Project Representation~provision for ................. 9.3 Project Representative. Resident--definition of .......... 1 Project, Starting the ................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance--Partial Utilization ............... 5.15' Property Insurance--Receipt and Application of Proceeds ................................... 5.12-5.13' Protection, Safety and ........................... 6.20-6.21 Punch list ........................................... 14. I 1 Recommendation of Payment .................. 14.4, 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations, Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site ............ - .................. 7. I-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.1 I Resident Project Representative~definition of ........... I Resident Project Representative--provision for ........ 9.3 Responsibilities, Contractor's--in general ............... 6 Responsibilities, Engineer's--in general ................. 9 Responsibilities, Owner's~in general .................... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way .............. : .......................... 4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ......................................... 6.23-6.28 Schedule of progress ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23, 14. ! Schedule of values ...................... 2.6, 2.8-2.9, 14.1 Schedules, Finalizing ..................................2.9 Shop Drawings and Samples ..................... 6.23-6.28 Shop Drawings~efinition of ............................ 1 Shop Drawings, use to approve substitutions ...................................... 6.7.3 Site. Visits to--by Engineer ........................... 9.2 Specifications--definition of ............................. l Starting Construction, Before ...................... 2.5-2.8 Starting the Project .................................... 2.4 Stopping Work--by Contractor ....................... 15.5 Stopping Work--by Owner .......................... 13.10 Subcontractor--definition of ............................. I Subcontractors--in general ....................... 6.8-6. I I Subcontracts--required provisions ............ 5.11.1.6.11 !!.4.3 Substantial Completion---certification of .............. 14.8 Substantial Completion~definition of .................... I Substitute or "Or-Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ........ ' ......................... 1 !.4.5 Supplementary Conditions~definition of ................ Supplementary Conditions--principal references to .. 2.2, 4.2.5.1, 5.3, 5.6-5.8, 6.3, 6.13, 6.23, 7.4, 9.3 Supplementing Contract Documents ............... 3.4-3.5 Supplier---definition of ................................... 1 Supplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20, 6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Surety---consent to payment .................. 14.12, 14.14 Surety--Engineer has no duty to ..................... 9.13 Surety--notice to .......................... 10.1. 10.5. 15.2 Surety--qualification of ........................... 5. I-5.2 Suspending Work, by Owner ......................... 15.1 Suspension of Work and Termination--in general ....... 15 Superintendent--Contractor's ......................... 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes---Payment by Cont, ractor ....................... 6.15 Termination--by Contractor .......................... 15.5 Termination--by Owner ......................... 15.2-15.4 Termination. Suspension of Work and--in general ...... Tests and Inspections ........................... 13.3-13.7 Time, Change of Contract .............................. 12 Time, Computation of ................................ 17.2 Time, Contract--definition of ............................ I Uncovering Work ............................... 13.8-13.9 Underground Facilities--definition of .................... I Underground Facilities--not shown or indicated ..... 4.3.2 Underground Facilities--protection of ........... 4.3.6.20 Underground Facilities--shown or indicated ......... 4.3.1 Unit Price Work---definition of .......................... 1 Unit Price Work--general ................. 11.9, 14.1, 14.5 Unit Prices ......................................... I 1.3. I Unit Prices. Determinations for .......................9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13, 6.20, 7.2-7.3 Values, Schedule of ......................... 2.6, 2.9, 14.1 Variations in Work--Authorized ............ 6.25, 6.27, 9.5 Visits to Site--by Engineer ............................ 9.2 Waiver of Claims--on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10.6.1 Warranty and Guarantee--by Contractor ............. 13. I Warranty of Title, Contractor's ....................... 14.3 Work, Access to ..................................... 13.2 Work--by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work, Cost of ................................... I 1.4-11.5 Work--definition of ................................ ' .....1 Work Directive Change--definition of ................... Work Directive Change--principal references to ............................ 3.4.3, 10.1-10.2 Work, Neglected by Contractor ..................... 13.14 Work, Stopping by Contractor ........................ 15.5 Work, Stopping by Owner ....................... 15.1-15.4 Written Amendment--definition of ...................... 1 Written Amendment--principal references to ..................... 3.4.1, 10.1, 11.2, 12.1 GENERAL CONDITIONS ARTICLE I--DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreernent--The written agreement 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. Application for Payment--The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid--The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds--Bid, performance and payment bonds and other instruments of security. Change Order--A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. Contract Documents--The Agreement, Addenda (which per- tain to the Contract Documents}, CONTRACTOR's Bid (including documentation accompanying the Bid and any post- Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the A~reement. Contract Price--The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9. i in the case of Unit Price Work). Contract Time--The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR--The person, firm or corporation with whom OWNER has entered into the Agreement. defective--An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, 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 ENGINEER's recommendation of final payment {unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10}. Drawings--The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER--The person, firm or corporation named as such in the Agreement. Field Order--A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements--Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations--Laws, rules, regulations, ordinances, codes and/or orders. 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. Notice to Proceed--A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER} fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER--The public body or authority, corporation, asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization--Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project--The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative--The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. Shop DrawingsmAil drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications--Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor--An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work {or specified patti can be utilized for the purposes for which it is intended: or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted'' as applied to any Work refer to Substantial Comple- tion thereof. Supplementary ConditionsmThe part of the Contract Docu- ments which amends or'supplements these General Condi- Supplier--A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities--All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any en~,~.~ements containing such facil- ities 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. Unit Price Work--Work to be paid for on the basis of unit prices. Work--The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change--A written directive to CONTRAC- TOR. 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 conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10,2. Written Amendment--A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2--PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5. I. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies lunless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies-will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time: Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however, CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and 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 detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other 'evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates {and other evidence of insurance requested by CONTRACTOR} which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR. ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be 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 as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids lot. on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code {whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER: however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order {pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1L As indicated in paragraphs 1 i.2 and 12. !, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order {pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample {pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4}. Reuse of Documents: 3.6, Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- ments {or copies of any thereof) prepared by or bearing the seal of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4---AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS A vdilabilay of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed, rights-of-way and easements for access thereto, and such other lands which are designated for the use o[ CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures {except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated, reflected or referred to in the Contract Docu- ments, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith lexcept in an emergency as permitted by para- graph 6.22). notify OWNER and ENGINEER in writing about the inaccuracy or difference, 10 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing Iwith a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possible Document Chanee: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles I I and 12. Physical Conditions--Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWN ER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.I.I. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3. t.2, CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 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 and which CONTRACTOR could not reason- ably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. 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 which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles il and 12. 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 with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), 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 such ref- erence points by professionally qualified personnel. ARTICLE 5--BONDS AND INSURANCE Performance and Other Bonds: 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 least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies'' as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its fight to do business is terminated in any state where any part of 11 the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general 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 perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor. 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: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts: 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees: 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or ~b) by any other person for any other reason: 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom: 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. 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. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained ~or the certificates or other evidence thereof} shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof {subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR. Subcontractors, ENGINEER and ENGINEER's consultants in the Work. ali of whom shall be listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWN ER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured parties. 5.8. All the policies of insurance Ior the certificate~s 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 CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5. I 1.2. 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 provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor 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 purchas- er's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. Receipt and Application of 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 trustee 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 agreement 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 trustee 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 after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall.' upon the occurrence of an insured loss, give bond for the proper per- formance of such duties. Waiver of Rights: 5. I 1. I. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors, ENGI- NEER, ENGINEER's consultants and all other parties named as insurers in such policies for losses and damages so caused. As required by paragraph 6.11, each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWN ER. CONTRACTOR, ENGINEER. ENGI- N EER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise PaY- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall con- tain 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 insureds or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utilization~Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no 13 such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6--CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6. I. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the 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 performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten 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, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5. Ail materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc- uments. 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, con- nected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no pro- vision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or ' 'Or-Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion 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 Projectl 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 identified 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 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 shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. Ifa specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7. I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will.record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2), whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by 15 OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance Ceither in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such 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 ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 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. i 1. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the. Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5. Il. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay ali license fees and roy- alties and assume all costs incident to the use in the perfor- mance 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 perfor- mance of the Work and if to the actual knowledge of OWN ER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR 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 con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRAC_T_OR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the 16 place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified 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 damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and 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 equi- table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of 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 premises as well as all tools, appliances, construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a sate place at the site one record copy of all Drawings, Specifications. Addenda, Written Amendments. Change Orders, Work Directive Changes. Field Orders and written interpretations and clarifications lissued pursuant to paragraph 9.4} in good order and annotated to show all changes made during con- struction. These record documents together ~'ith all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon rom- pletion of the Work. these record documents, samples and Shop Drawings will be delivered to ENGIN££R for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be 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 safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 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, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the 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. CONTRACTOR shall notify owners 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 pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR lexcept damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable Cexcept as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. 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 authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR 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 ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions Isee para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions, five copies lunless otherwise specified in the General Requirements} of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's regponsi- bilities under the Contract Documents with respect to the review of the submission. Ali submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. Supplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on 17 each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction {except where a specific means. method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate.item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings 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 responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25. I. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be 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 CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential lincluding but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs} aris- ing out of or resulting from the performance of the Work. provided that any such claim, damage, loss or expense Ia) 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 (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents or employees by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 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 or other person or organization under workers' or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7--OTHER WORK Related Work at Site: 7. I. OWN ER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract OWNER, if OWNER is performing the additional 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 work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- TRACTOR shall not endanger any work of others by cutting. excavating or otherwise 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 CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner lot OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after 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 reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and ! 3. I. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9~ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous 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 to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 19 Project Representation: 9.3. If OWNER and ENGlNEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 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 necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I ! or Article 12. Authorized Variations in Work: 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 Time and are consistent with the overall intent of 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 CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article ! 1 or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to {equire special inspection or testing o£ thc 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 responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. ~ 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, I ! and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise}. ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9. i0 and 9. II, ENGINEER will not show par- tiality 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. l0 and 9. I I with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) 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. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any Supplier, or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required". "as allowed", "as approved" or terms of like effect or import are used. or the adjectives "reasonable". "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work. it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise}. The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authonW to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. 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 performing or furnishing any of the Work. 10.4.3. changes in the Contract Price or Contract Time 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 prog- ress 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 (including. but not limited to, Contract Price or Contract Time} is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10~CHANGES IN THE WORK 10. I. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time. order additions, deletions or revisions in the Work: these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents {except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an e~tension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article l I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and ARTICLE 11-~CHANGE OF CONTRACT PRICE I I.I. The Contract Price constitutes the total compen- sation {subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil-' ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. I 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly {but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after 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 claimant's written statement that the amount claimed covers all known amounts {direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. Ail claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: !!.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through i 1.9.3, inclusive). 21 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph I 1.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and il.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs I 1.6 and I 1.7). Cost of the 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 paragraph 11.5: 11.4. I. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of ali materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a 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 shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I 1.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, sur- veyors, attorneys and accountants) employed for services specifically related to the Work. ! 1.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. il.4.5.2. Cost, including transportation and main- tenance, of ali materials, supplies, equipment, machin- ery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. I !.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or any- one 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 land related expenses), not compensated by insurance or otherwise, to the Work or otherwise 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 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, 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 settlements 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 CONTRAC- TOR's Fee. If, however, any such loss or damage 22 requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: I 1.5.1, Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals Iof partner- ship and sole proprietorshipst, general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph I 1.4. I or specifically covered by paragraph I 1.4.4-- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. 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 delinquent 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 sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly 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 prop- erty. !1.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: I 1.6. I. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 1 i.6.2.1, for costs incurred under paragraphs I 1.4.1 and I 1.4.2, the CONTRACTOR's Fee shall be fifteen percent: I 1.6.2.2. for costs incurred under paragraph I 1.4.3. the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs I 1.4.4, I 1.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change'which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 throagh 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: il.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts} of mate- rials and equipment required by the allowances to be deliv- ered at the site, and ali applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling 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 23 allowances. No demand for additional payment on account of any thereof 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 correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equa! to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I 1.9.2. 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 sep- arately identified item. I 1.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article I I if the parties are unable to agree as to the amount of any such increase. ARTICLE 12--CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time 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 deliv- ered within sixty days after such occurrence lunless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjusl- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12. !. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages !including but not limited to fees and charges of engineers, architects. attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13--WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives. other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work lot part thereof) to specifically be inspected, tested or approved. CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also 24 be responsible for and shall pay all costs in connection-with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGIN EER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must. if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENG1N EER or inspected or tested by others. CONTRACTOR. at ENGINEER's request, 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 .bear all direct, indirect and consequential costs of such uncovering, expo- sure. observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). 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 II. 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 Time. or both. directly attributable to such uncovering, exposure. observation, inspection, testing 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 I ! 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 equipment, 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 st, op the Work, or any portion thereof, until the cause for such order has been eliminated: however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: t3.12. 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 appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER. remove it from the site and replace it with nondefective Work. 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 cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals~ will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CON- TRACTOR shall bear all direct, indirect and consequential 25 costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work {such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I I. If the acceptance occurs after such recommendation, 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 of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.1 I. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary, to complete corrective and remedial action. OWN ER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work. and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWN ER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- tatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I 1. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement 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 Time because of any delay in per- formance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE 14~PAYMENTS TO CONTRACTOR AND COMPLETION 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 Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled {but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation 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 equipment 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 OWN ER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances twhich are hereinafter in these General Conditions referred to as "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 sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation 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. Review of Applications for Progress 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 the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will {subject to the provisions of the last sentence of paragraph 14.7} become due and when due will be paid by OWN ER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 representation by ENGINEER to OWN ER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that. to the best of ENGI- NEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifi- cations stated in the recommendation}: and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive 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 that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 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 such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered 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: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice {with a copy to ENGINEER) stating 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 CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWN ER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected 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 objec- tions, ENGINEER concludes that the Work is not substan- tially 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, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected} reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- N EER will deliver to OWN ER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Docu- 27 ments, or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- ing: 14,10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWN ER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 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. OWNER 'may at any time request CON- TRACTOR in writing to permit OWNER to take over . operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTR2Zi-CTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation {unless they shall have otherwise agreed in writ- ing and so informed ENGINEERI. During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.10.3. 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: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates of inspection, marked-up record documents {as provided in paragraph 6.19} and other docu- ments~all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable {sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with 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 thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be respon- sible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment, if any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. lf, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation--all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment, indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14. 28 Otherwise. ENGINEER will return the Application to-CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will con- stitute an acceptance of Work 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 (except as provided in paragraph 14.16}. Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14. I 1 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein: however, it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15wSUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, 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 increase in the Contract Price or an extension of the Contract Time. or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I 1 and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code {Title II, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 29 (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one} seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials 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 the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid t6 CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against 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 CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). 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 authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. [The remainder of this page was left blank intentionally.] 30 ARTICLE 16--ARBITRATION 16.1, All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof ~except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14. will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association 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 accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of(a) the date on which ENGINEER has rendered a decision or (b} the tenth day after 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 after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision 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 acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9. l0 will be made later than ten days after the party making such demand has delivered writ- ten 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 statute of limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity {including ENGINEER. ENGINEER's agents, employees or consul- tants) 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, 16.4.2. such other person or entity is substantially involved 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 CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections l0 and 11 of the Federal Arbitration Act (9 U.S.C. §§ 10, I 1). [The remainder of this page was left blank intentionally.] 31 ['[his page was left blank intentionally.] ARTICLE 17--MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual 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. Computation of Time: 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 falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will 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 pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the fights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13. I, 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 fights 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. obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. 33 SUPPLEMENTAL CONDITIONS Qwn~r: The "Owner" as referred to in these Specifications is Coppell Municipal Utility District No. 1. En_dneer: The "Design Engineer" as referred to in these Specification is Carter & Burgess, Inc., 7950 Elmbrook Drive, Suite 250, Dallas, Texas. The Utility District Engineer is Pierce Lunsford and Associates, Inc., 3109 Carlisle, #206, Dallas, Texas 75204. Loc4tfi0n of Pro_iect: The work included in this proposal is located in Coppell, Texas, and is delineated on the construction plans. Each person submitting a bid on the proposal work is responsible for informing himseff fully of the conditions relating to the construction and site, including field inspection of the site. Pro_iect Description: Construction of water and sanitary sewer improvements in MacArthur Boulevard from Deforest Road to Denton Creek Drainage Channel. Insurance: The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been fded with and approved by the Owner. In addition, Contractor shall have named Vista Mo~gaLZe & Realty, Inc. as covered under the insurance policies. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor. Unless othenvise provided for in the General Conditions, the Contractor shall provide and maintai~ until the work covered in this Contract is completed and accepted by the Owner, the minimum insurance coverages as follows: A. Worker's Compensation (including Occupational Disease) Insurance in accordance with the laws of the State of Texas. Such insurance will include coverage for Employer's Liability with a limit of not less than $1,000,000 for any one occurrence. Comprehensive G~neral Liability_ Insurance: Such Insurance shall provide bodily injury limits of not less than $1,000,000 per person and $1,000,000 per occurrence and property damage limits of not less than $1,000,000 per occurrence. This insurance will include the following features and certificates will so indicate. 1) 2) 3) Contractual Liability. Products Liability and Completed Operations. Explosion, Collapse and Underground Damage. Co (~9mprChCnsive Automobile Liabili_ty Insurance covering all owned, non-owned and hired vehicles, with bodily injury limits of not less than $1,000,000 per person and $1,000,000 per accident and property damage limit of not less than $1,000,000. Before commencing the work, the Contractor ,qhali furnkqh the Owner with a certificate of insurance showing the company or companies carrying the aforesaid coverages with the effective date and expiration date of said policies. Certificates shall provide that Owner shall be given not less than f'ffteen (15) days written notice of any cancellation or changes that affect the coverage. If the expiration date of such insurance occurs during the term of the Contract, renewal Certificate shall be furnished not less than fifteen (15) days before such expiration date. C&B220101 SC-1 o 10. 11. Safety Precautions: The Contractor ,qhall comply with all applicable laws including the Occupational Safety and Health Act of 1970, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property to protect them from damage, injury, or loss. He shall erect and maintain, as required by exkqting conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings again~ ha?ards, promnlgalir~g safety regulations and noff36ng owners and users of adjacent utilifie8. Tim0 of Completion: Bidder agrees to commence work on or before the date of the Notice to Proceed, to substantially complete the project within 20 calendar days thereafter, and to complete in full wSthin 35 calendar days after the date of the Notice to Proceed. Upon move-off for paving operations, time will be stopped. A 10-day Notice to Proceed will be issued in order to restart time when paving operations have been completed, such that utility construction may be completex[ Materials and Workm0~hip: No material which has been used by the Contractor for any temporary purpose whatever is to be incorporated in the permancnt structure without written consent of thc Engineer. All materials to be used shall be new. Trade or Brand Name~: Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Where the works ~or approved equal' are used, they shall be understood to mean that the item referred to shall be proper, the equivalent of, or equal to some other item, in the opinion or judgement or the Engineer. Unless otherwise specified, all materials .qhail be the best of their respective kinds and shall in all cases be fully equal to approved samples. Notwithstanding that the specifications in connections with a material, manufactured article or process, the materiai~ article or process spe6fically deqignated shall be used, uuless a substitute .qhall be approved in writing by the En~neer, and the En~neer .qhail have the tight to require the use of such specifically designated material, or article or process. Permits: The Contractor shall secure and pay for any permits or fees required for the execution of the Contract. Addendi~ Bidders desiring further information, or interpretation of the plan.q or specifications, must make request for such information in writing to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in Addendum for, and all Addenda will be bound with and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder £md discrepancies in or omis-~ions from the plan.% specifications, or other contract documents, or should he be in doubt as to their meanin~ he should at once notify the .~n~neer in order that a Written Addendum may be sent to all bidders. Any Addenda issued prior to 24 hours of the opening of bids will be mailed or delivered to each Contractor contemplating the submkqion of a proposal on this work. The proposal as submitted by the Contractor is to include any Addenda if such are issued by the Engineer prior to 24 hours of the opening of bids. Delivery_ of Proposals: It is the responsibility of the bidder to deliver his proposal at the proper time and to the proper place. The proposal shall be delivered in a manila envelope with the appropriate job name on the outside, and if bidding more than one part, shall provide separate envelopes. The mere fact that a proposal was dispatched by mail, express, or otherwise, will not be considered. The bidder must have his proposal in the hands of the proper official before dosing time. Bids received after the advertised dosing time will not be considered and will be returned unopened. C&B220101 SC-2 12. Telem'aphic Modifications: Bidders may modify their bids by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the scheduled dosing time, and provided further that the Owner is satisfied that a written confmnation of such telegraphic modification over the signa~tures of the bidder was mailed prior to said do~ing time. ff such written confirmation is not received within three days of said dosing time, no consideration shall be given to said telegraphic modification. 13. Barricades. Warning Signs. ~ Flares: Where the work on this project creates a safety hazard to the general public, the Contractor shall furnish and erect sufficient barricades and warning signs to warn the public of the danger. He shall provide sufficient flares or other emergency lighting to warn the public at night. Furnishing, installing, and maintaining barricades, warning signs, and flares shall be treated as incidental to the price of the Contract. 14. Execution of Contracts and Bonds: The official form of contract will be executed in five copies. the Contractor must execute the contracts and other required documents within five (5) working days of the date of the contract award. The Contractor will be furnished without charge five "field copies" of the specifications and contract documents. Contractor shall executed payment, performance, and maintenance bonds. Payment and performance bonds shall be for 100% of the contract amount. 15. R'~w_.ht of Entr~. The right of entry to the site of any project covered by these contracts is reserved by the Owner, Coppell Munidpal Utility District No. 1, for representatives of the Owner, En~neer, City of Coppell, Texas State Department of Health, Texas Department of Water Resources, and the Texas Air Quality Control Board, for the purposes of inspecting construction both completed and in progress and materials on hand and installed. The Contractor will be required to cooperate with representatives of these agencies connected with the project in any manner in which they may direct. 16. Specifications: Titles to items and paragraphs in these Contract Documents are introduced merely for convenience and not to be taken as a part of the specifications and are, furthermore, not to be taken as a correct or complete segregation of the several units of material and labor. No responsibility, either direct or implied, is assumed by the Engineer for omissions or duplications by the Contractor or his subcontractors, due to real or alleged error in the arrangement or matter in these Contract Documents. 17. Finished Grades: F'mal deanup and smoothing of any affected areas .~hall be done by blading and .~hali be subject to inspection and approval by the En~neer. No extra payment shall be made for fmish gradi?-axound the "work". 18. Conformity with Plans: All work shall conform to the lines, grades, cross sections, and dimensions shown on the plans. Any deviation from the plans which may be required by the exigencies of construction will be determined by the Engineer and authorized by him in writing. 19. Payment: Payment will be made for work completed on a monthly basis. Ten (10) percent will be retained until 50% of the work is completed, then, at the discretion of the Owner and En~neer, will be reduced to 5% of the contract amount thereafter. All payments shall be reviewed and approved by the Engineer. Cut-off date for each month's pay estimate shall be the 20th of each month. Pay estimates on supplied forms must be in the Engineer's office on or before the 25th of each month for payment to be facilitated. Ail payment shall be based upon in-place quantities. Contractor shall complete and submit with pay estimates the supplied waiver of lien and bill paid affidavit. Pay estimates shall be completed on the supplied draw request forms. C&B220101 SC-3 20. 21. 22. 23. 24. 25. 6. 27. Removal of Dcfcctivc and Una~l~;horiz~d Work: Ail work which has been rejected or condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be immediately removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the site of the work. Work done without line and grade having been given, work done beyond the lines or not in conformity with the grades shown on the drawings or as given, save as herein provided, work done without proper inspection, or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be done at the Contractor's risk, and will be considered unauthorized, and at the option of the En~neer, may not be measured and paid for, and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials immediately after receiving notice from the Engineer, the En~neer will, after giving written notice to the Contractor, have the anthodty to cause defective work to be remedied or removed and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any moneys due or become due to the Contractor. Final Ins!x~ction: The Engineer will make t'mal inspection of ali work included in the Contract as soon as practicable after the work is completed and ready for acceptance. If the work is not acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the partiodar defect~ to be remedied before final acceptance will be made. All work must be accepted by the Design Engineer and the City of Copper and Copper Municipal Utility District No. 1 before final payment and retainage amounts will be paid. Document Conflict: In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Proposal, Supplemental conditions, Notice to Contractor, Technical Specifications, Supplementary Technical Specifications, Plans, and General Conditions of Agreement. The Contract Documents will be construed in accordance with the law of the place of the project. Electricity:. Temporary electrical current that is required for fighting, testing and use of motors and other related equipment, shall be provided at the Contractor's expense. Water: Water is not available at the site of the work. Where necessary to transport water for drinking or to meet the work requirements, it shall be the Contractor's responsii~ility to make sure arrangements at his own expense with Public and Private utility companies to provide the required water for the work project. Arrangements shall be made at the appropriate time of day or night for the withdrawal of water. Facili_ty Connection~: All connections of facilities, meters, deposits, permits, fees, maintenance, and other items in connection thereto and related to the work project, shall be provided at the Contractor's expense. Lines and Grades: Final lines, grades, and elevations shall be established on the site by the En~neer at Owner's expense, ff any final finish stakes showing fin_aJ lines and grades are removed or destroyed by Contractor, subsequent establishment of lines and grades and placement of stakes shall be at Contractor's expense. Liquidated Damag~ for Dchvs: It is understood and agreed between the parties hereto that time is of the essence of this contract, and that for each calendar day of delay beyond the completion date of this contract (after due allowance for extension of time as is provided herein) the Contractor ~hall pay the Owner as liquidated damages for each calendar day of such delay the sum of $500.00, it being understood between the parties hereto that such sum shall be treated as C&B220101 SC4 liquidated damages. Payment of liquidated damages shall be withheld from fmal draws and/or retainage. Testing, Labora~ori~: The Owner shall employ and pay for a testing laboratory. Contractor shall cooperate and assist laboratory personnel in performing tests and sampling of materials whenever assistance may be required. It shall be the responsibility of the Contractor to contact the testing laboratory and schedule any testing' necessary. Should retesting of materials be required due to materials or work not meeting minimum requirements, Contractor shall have reduced fi.om amounts due such charges for extra testing. Contractor will be supplied test results and an itemized listing of charges relating to retesting of failures. 29. Pre-construction/Pre-bid Inspection: Bidder/Contractor shall inspect the site prior to bidding and again with the Engineer prior to move in. Bidder's/Contractor's inspections shall include but not be limited to: Observation and verification of existing dirt grades, topographic conditions, surface and subsurface soil conditions, and surface and subsurface water drainage conditions, as they relate to the contract. Bo Observation and verification of any existing utility, appurtenance, or structure as it may relate to the contract. This shall include but not be limited to: 1) 2) 3) 4) 5) 7) 8) Water and sewer appurtenances. Storm sewer structures and appurtenances. Concrete structures and appurtenances. Petroleum pipeline systems and appurtenances. Telecommunications systems and appurtenances. Electrical systems and appurtenances. Television cable systems and appurtenances. Irrigation systems and appurtenances. Ouantitv V~rific0ti0n: Bidder shall verify all quantities included in the bid proposal prior to submitting bid. Should any major quantity discrepancy between stated bid quantities and Bidder's estimate be found, Bidder shall notify the Engineer, prior to submitting bid, and obtain a clarification and/or correction to the stated bid quantity. By submitting a bid, Bidder represents that estimates were performed and no major quantity discrepancies were found. Further, as Contractor, Bidder shall not apply for increase of in-place quantities above 5% of bid quantities Ao Changes in existing conditions occurred after the bid date and prior to commencing construction, and the Engineer was notified in writing prior to commencing construction; or Be Quantity increases above 5% of bid quantities were authorized by the Owner by a written executed change order prior to constructing the additional work. A major quantity discrepancy shall be considered as any increase in quantity above 5% of the stated bid quantity. 31. Subs~dla_~ Cost: It is the intent of the Contract Documents, Technical Specifications, Supplemental Specifications, and plans to describe the construction and subsidiary activities and materials necessary to furnish and install a complete in place project, ready for its intended use, accepted C&B220101 SC-5 32. by the City and/or Copper Municipal Utility District No. 1. Those materials and work necessary to furnish and install a complete in place project, conforming to the plans and specifications, that are not specifically identified in the bid proposal, technical specifications, or the supplemental technical specifications as pay items shall be considered as subsidiary to the contract as a whole, and as such shall not be submitted for individual payment by the Contractor. The cost of those subsidiary items shall be reflected in the prices stated in the bid proposal. It shall be the responsibility of the Contractor to review the bid proposal, plans~ technical specifications, and supplemental technical specifications and site conditions to determine for himself those materials and work which are not specifically identified but which shall be necessary to furnish and install a complete in place project. Coordination with other Contractors: ho When two or more Contractors are employed on related or adjacent work or obtain materials from the same materials source, or when work must be completed by one Contractor before another can be~n~ each shall conduct his operations in such a manner as not to cause an unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused to the other due to unreasonable or unjustified delays or failure to furnish the work or portions thereof, or furnish materials within the time requested. Bo The Owner or Engineer shall under no circumstances be liable or responsible for guaranteeing or assuring that any claims among Contractors shall be paid; and any representation, expressed or implied, that any Contractor to whom a Contract is awarded is responsible or will be able to respond for damages is expressly negated. Co The Contractor shall ex)ordinate the location of haul roads, diversion ditches, and dikes, sedimentation ponds, maintenance shopa, stockpile areas, and all other construction activitiea with other Contractors within the Project Area. C&B22010! SC-6 1.01 1.02 1.03 1.05 TECHNICAL SPECIFICATIONS SECTION 1 Sanitary DF_~~QN - SDR 35 PVC Sanitary Sewer Pip~: Contractor ~all furnish and install SDR 35 PVC sanitary sewer pipe in accordance with the City standards. Pipe shall be constructed with integral bell. A. Product: Pipe .~hail be Johnmansville Type Ring Tite or approved equal. Rubber gasket shall be secured in a groove. Bo Embedm~n[: Contractor shall furnish and install crushed stone embedment for all sanitary sewer pipe. Embedment shall be well graded 1/4* to 3/4". Minimum bell to bottom of trench coverage shall be 3", not to exceed 6'. Minimum coverage over pipe shah be 6'. MEASUREMENT AND PAYMENT - SDR 35 PVC Sanitary Sewer Pipe: Contractor's price for sewer pipe shall be by the linear foot of pipe for each diameter size as measured complete in place. Contractor's price shah include but not be limited to: A. Any excavation, backfilling, compacting, and grading. B. Furnishing and installing pipe and appurtenances, complete in place. C. Furnishing and installing aH embedment materials as required. D. Providing any dewatering or mucking necessary to perform thin contract. DF~CRIIr~ON - Sanitary Sewer Servic~: Sanitary sewer services shall be constructed of 4" diameter SDR 35 with integral bells. Sewer service shall extend to the right-of-way line and shah be located at thc center of each lot. Cover at the R.O.W. line shall be 5'-0 +_ 1" -0, as measured from the top of curb. Sanitary sewer service shah be connected to the sewer main via a factory in line wye or tees. Tapping shah not be allowed unless specifically directed by the plans. MEASUREMENT AND PAYMENT - Sanitary_ Sewer Service: Contractor's sanitary sewer price shall be for each sanitary sewer service installed. No distinction shall be made between long and short service price. Contractor's price shall include but not be limited to: A. Any excavation, backfilling, compaction, and grading for sewer service. B. Furnish~'d~-g and installing 4" SDR 35 PVC sanitary sewer service, complete in place. C. Furnishing and installing any required appurtenances to construct the sanitary sewer service. D. Furnishing and installing any required embedment materials. DESCRIPTION - Sanitary Sewer Manhol~ Tap: Sanitary sewer manhole tap shall be made by cutting, chipping, or otherwise making a hole in the existing manhole. Tapping hole shah not be greater than 6" in diameter more than the outside diameter of the new sewer main. Manhole tap shall include chipping, breaking, or otherwise making a new invert capable of creating a positive flow from the flow line of the new sewer main to the flow line of the exisiting sewer main. Minimum fall from new to existing flow lines shall not be less than 0.10 feet. Contractor shall be responsible for field verifying tap grade and ~hall notify the En~neer immediatley if tap grades do not meet the stated fall criteria. Upon completion of invert, Contractor shall furnish and install C&B220101 TS-1 on sewer main a PVC manhole pipe adapter. Adapter shall then be grouted or otherwise sealed in place. No leaking around pipe or tap shall be allowed. MEASUREMENT AND PAYMENT - Sanitary_ S~w0r ManhQl0 Tap: Contractor's price for sanitary sewer manhole tap shall be based upon tapping pipe size for each complete in place tap. Contractor's price shall include but not be limited to: A. Any excavation, backfilling, and grading. B. Field verifying tap grades. C. Cutting, chipping, or otherwise making tap hole. D. Cutting, chipping, or otherwise making a new invert. E. Furni.~hing and installing an approved PVC pipe manhole adapter. F. Furnishing and installing grouting or otherwise approved method of sealing around the manhole adapter and the tap. 1.07. DESCRIPTIQN - Sanitary Sewer T?~0ng: Contractor shall provide the testing of sanitary sewer system. The following tests shall be performed: A. Standard air pressure test (exffltration) per NCTCOG 6.7.2, Air Testing. B. Mandrilling of sanitary sewer lines using a standard 5% mandrill deflection test. All testing shall be required to meet or exceed City standards. The City must verify the passing of the tests before acceptance will be made by the Owner. Should tests fail, Contractor .~hall take any corrective measures necessary to achieve passing. No extra payment will be made for corrective measures or extra testing due to failures. MEASUREMENT AND PAYMENT - Sanitary Sewer Testing:_ Contractor's price for testing shall be lump sum for all testing of the sanitary sewer system constructed under this project. Payment will be for passing tests only. Contractor's price shall include but not be limited to: A. Furnishing and passing standard pressure (exffltration) test. B. Furnishing and passing standard 5% mandrill deflection test. C. Furnishing and installing any corrective measures required to gain passing tests. DESCRIPTION - Standard Sanitary_ Sewer Manh01o: Contractor shall furni.~h cast-in-place sanitary sewer manhole, per the following: A. Concre[¢: Concrete shall have a minimum compressive strength of not less than 4000 PSI at 28 days. Bas0: Should groundwater be present, Contractor shall furnish and install curshed stone in sufficient quantities as to provide a fh-m base on which the manhole can be cast. Concrete shall not be placed in water or on mud or muck. Stubouts: Inflow and outflow stubouts shall not be less than 3'-0 nor greater thant 5' -0 in length as measured from the outside of the manhole. Stubout~ both inflow and outflow, nhall be fitted with standard PVC collars. No infiltration into the manhole will be allowed. Contractor shall provide positive cross flow inside manhole invert. No standing water shall be allowed. Invert shall be channeled and f'flleted. D. Adjustments: Concrete cone section shall be within +3~ of 1'-0 below proposed grade as established by the proposed top of curbs. Mortared in-place concrete rings shall be used to C&B220101 TS-2 1.10 1.11 adjust manhole ring to grade. No bricks, rocks, or other material shall be allowed for adjustment. Adjusting rings and manholes shall be mortared inside and out. E. Ring_ and Cover: Ring and cover shall be Bass and Hays 300-24 or approved equal. Cover shall be fitted with a pick bar and shall be marked Sanitary Sewer. F. Painting:_. Contractor shall paint on curb a red 'M.H.' designating location of manholes. MEASUREMENT AND PAYMENT - Standard Sanitary Sewer Manh91~: Contractor's price for standard sanitary sewer manhole shall be for each diameter size manhole complete in place. Contractor's price shall include but not be limited to: A. Excavation, ba~ and grading. B. Dewatering. C. Furnishing and installing 4000 PSI concrete manhole. D. Furnishing and installing concrete grade rings. E. Furnishing and installing manhole ring and cover. F. Furnishing and installing pipe collars. G. Miscellaneous adjustments. H. Painting. DESCRIPTION - Precast Manhgles: Contractor shall furnish and install precast sanitary sewer manhole. A. Concrete: Concrete shall be 4000 PSI @ 28 days. BASE: Should groundwater be present, Contractor shall furnish and install crushed stone in sufficient quantity as to provide a firm base on which concrete base can be cast. Concrete for base shall not be placed in water or on mud or muck. Base shall be constructed such that a 1N space is provided around the entire outside diameter of the manhole riser sections. For risers, recessed sections shall not be less than 6~ deep. Co Manhol~ Vertic01 Riser $~ction: Riser section shall be constructed of C-76 Class III RCP with rubber gasketed joints. Bottom riser section shall be positioned and set in the center of base recess. Bottom riser section shall be sealed against infiltration with the use of non- shrink grout and/or mastic material. Grout and/or mastic shall be placed such that it competely fills the space between the base recess and outside of the vertical riser wall. Vertical sections shall then place bell down such that a positive non-infiltrating seal is obtained. Vertical riser sections shall be positioned such that they form a vertical line. Stubouts: Inflow and outflow stubouts shall not be less than 3'-0 nor greater than 5'-0 in length as measured from the outside of the manhole. Stubouts, both inflow and outflow, shall be constructed with standard rubber boots and stainless steel bands. No infiltration into the manhole will be allowed. Contractor shall provide positive cross flow inside manhole invert. No standing water shall be allowed. Invert shall be channeled and filleted. Adiustments: Concrete cone section shall be within _+3N of 1'-0 below proposed grade as established by the proposed top of curbs. Mortared in-place concrete rings shall be used to adjust manhole ring to grade. No bricks, rocks, or other material shall be allowed for adjustment. Adjusting rings and manhole ring shall be mortared inside and out. C&B220101 TS -3 1.12 1.13 1.14 1.15 F. ]~,_il~[_~Y_~: Ring and cover shall be Bass and Hays 300-24 or approved equal. Cover shall be fitted with a pick bar and shall be marked Sanitary Sewer. MEA$1,JREMENT AND PAYMENT - Prccast Manhole: Contractor's price for prccast sanitary sewer manhole shall be for each standard diameter size manhole, complete in place. No differentiation shall be made for heights. Contractor's price shall include but not be limited to: A. Any excavation, backfilling, compaction, and grading. B. Any dewatering or mucking, C. Any embedment for base. D. Furnishing and installing 4000 PSI concrete manhole. E. Furn[;hing and installing C-76 Class III RCP vertical riser. F. Furnishing and installing standard concrete cone section. G. Furnishing and installing concrete adjusting ring. H. Furni,ahing and installing ring and cover. I. Adjustments. J. Painting. DESCRIPTION - Video Camera Inspection: Contractor shall furnish complete video camera inspection of sanitary sewer system constructed under this contract. A. Flushing: Immediately prior to video camera inspection, Contractor shall flush with potable water the sewer main to be inspected. Inspection: Contractor shall install camera inside sewer main and move camera through entire length of main. A videotape recording shall be made by the camera as it moves through the sewer main. Videotape recording shall be made on standard VHS tape. Reference shall be made on tape as to line and stationing of sanitary sewer services. C. Copies: Contractor shall furnish and deliver to the City videotape copies of the inspection. D. Ponding: It is the intent of this contract not to have any ponding in new sanitary sewer main,~. However, should ponding exist, the maximum allowable shall be as follows: 1. 1/2" inch or less of standing water for sewer main.q with grade of 0.70% or less. 2. 0' of standing water for sewer mains with grade of 0.71% or greater. MEASUREMENT AND PAYMENT - Video Camera Ins_t~tion: Contractor's price for complete video camera inspection shall be for each linear foot of sewer main inspected. Contractor's price shall include but not be limited to: A. Furnishing and installing draw and retrieval lines. B. Furnishing and installing video camera. C. Furnishing and installing VHS video recorder. D. Furnishing standard VHS tape(s) for recording. E. Furni.qhing duplicates of standard VHS tape(s) of inspection to City. F. Videotaping inspection. DESCRIPTION - Concrete Encasement: Contractor shall furnish and install 3000 PSI @ 28 days concrete encasement on all sewer mairt% as directed by pla~, Encasement shall be complete, with a minimum coverage over pipe of 1'-0. C&B220101 TS-4 1.16 MEASUREMENT AND PAYMENT - Concrete Encasement: Contractor's price for concrete encasement shall be for each complete in place linear foot of pipe. No differentiation in price shall be made for variations in trench width or encased pipe diameter. Contractor's price shall include but not be limited to: A. Any required excavation. B. Any required blocking or support. C. Furnishing and installing 3000 PSI concrete. C&B220101 TECHNICAL SPECIFICATIONS 2.01 2.02 2.03 Section 2 Water DESCR1PTIQN - DR14 PVC Water Pip~: Contractor shall furnish and install DR14 PVC water pipe in accordance with the standard specifications of the City. Pipe shall be constructed with integral bell. Pipe shall not be laid under inlets. All pipe shall have a minimum cover of 42". A. Product: Pipe shall be Johnmansville Type Brute or approved equal. Bo Embedment: Contractor shall furnish and install compacted sand embedment around all water pipe. Minimum bottom of trench to bell embedment coverage shall be 3" and not to exceed 6". Minimum coverage at sidewall of trench to bell shall be 3", not to exceed 9'. Minimum top of sand to bell shall be 12". MEASUREMENT AND PAYMENT - DR14 Pvc Water Pipe: Contractor's water pipe price shall be by the linear foot per pipe diameter size, complete in place. Contractor's price shall include but not be limited to: A. Any excavation, backfilling compacting, and grading required to install pipe. B. Furnishing and installing water main pipe, complete in place. C. Furnishing and installing any necessary embedment material. DESCRIPTION - Comoact Ductile Iron Fittings: Contractor shall furnish and install compact ductile iron fittings. Ductile iron fittings shall be of the short/short body (SSB), and have a UL class 350 rating. A. Polyethylene Sheeting: Fittings shall be encased with 3 millimeter (mi) polyethylene sheeting. Sheeting shall be taped and sealed. B. Thrust Blocking: Contractor shall furnish and install 2000 PSI @28 day ti~-ust blocking for each fitting. Concrete thrust blocking shall be installed per the City of Coppell's standards. C. Anchor Couplir~: Anchor type couplin~ shall be furnished and installed for all fire hydrant connections. MEASUREMENT AND PAYMENT - Compact Ductile Iron Fitting: compact ductile iron fittings shall be for each complete in place ton. include but not be limited to: Contractor's price for Contractor's price shall A. Any excavation, backfiilin~ compaction, or grading required to install fittings. B. Furnishing and installing compact ductile iron fittings. C. Furnishing and installing fitting appurtenances (i.e., glands, packing, and bolts). D. Furnishing and installing concrete thrust blocking. E. Furnishing and installing 3 mi polyethylene sheeting. F. Furnishing and installing anchor couplings. C&B220101 TS-6 2.05 DESCRIFIIQN - Gate Valves: Contractor shall furnish and install gate valves per City standards. A. Po_lyethvlene Sheeting:_ Gate valves and valv~ stacks .shall be polyethylene encased and taped. B. ~ll~lligg_.~R: Operating nut on the valves shall be located within 4'-0 of the ground surface, ff n~, Contractor ghall install operating nut extension(s) to meet operating nut height requirements. No extra payment shall be made for valve stem adjustments. C. Concrete Pgd: Contractor shall construct reinforced concrete pads around the top of valve stacks. D. Painting:_ Valve stack lids shall be painted in accordance with the City of Dallas' color coding system. Contractor shall paint on curbs a blue 'V~ to indicate valve location. E. Valve Stacks: PVC valve stacks shall not be allowed. Valve stacks shall be constructed of standard soil pipe. F. Thrust Blockln~ Contractor shall furnish and install 2000 PSI @28 day thrust blocking per City standards. G. Product: Gate valves shall be Mueller Resilient Seat Gate valves or approved equal. MEA$1,JREMENT AND PAYMENT - Gate Valves: Contractor's price for gate valves shall be for each diameter size, complete in place. Contractor's price shall include but not be limited to: A. Any excavation, backfilling, or excavation required to install the gate valve. B. Furnishing and installing the gate valve. C. Furnkghlng and installing valve stacks and lids. D. Furnishing and installing reinforced concrete pad. E. Any painting for location or color coding. F. Furnishing and installing any polyethylene sheeting. G. Furnishing and installing thrust blocking. H. Furnishing and installing operating nut extensions. DESCRIFIIQN - Water Service Meter Yok0 and M~0r BOX: Contractor shall furni~ and install water service meter yoke and meter box per City standards. A. Product - Tat>ping Saddle: Contractor shall make a single tap of the water main for each lot served. Contractor shall furnish and install bronze tapping saddles, Jones series 979, or approved equal, for each service. Tapping saddle xhall be fitted with bronze body nylon ball curb stops. B. Water ~;¢rvic¢: Contractor .shall construct a single water service directly from the water main to 10' upstream of the sanitary sewer service. Service shall be Type 'K'. No "tees" ~wyes,' or bull heads shall be allowed for any service. No splicing or fitting shall be allowed under pavement. C. Produc~ - Bronze Meter Yoke: Contractor shall furnish and install, at the terminal end of the water service, bronze meter yoke with double check valve, Ford VHH 74-15W and nylon ball valves BM-21a.~?. or approved equal. D. Produc4 - Meter Box: Contractor shall furnish and install over meter yoke corrugated metal meter box with cast iron locking lid, Bass and Hays 34B or approved equal. E. Painting: Contractor shall paint on adjacent curb a blue W~' indicating location of water service. C&B220101 2.10 2.11 MEASUREMENT AND PAYMENT - Water Service Meter Yoke and Meter Box: Contractor's price for water service meter yoke and meter box price .eh:all be each by diameter size for complete in place service. No distinction will be made for long or short services. Contractor's price shall include but not be limited to: A. Furnishing and installing B. Furnishing and installing C. Furnishing and installing D. Furnishing and installing E. Furnishing and installing F. Furnishing and installing G. Furnishing and installing H. Furnishing and installing excavation, backfilling; and grading. water main tap and tapping saddle, complete in place. water service type *K' copper tubing, complete in place. nylon ball valves, complete in place. meter yoke, complete in place. meter box, complete in place. any painting. any adjustments. DESCRIPTIQN - Fire Hydrants: Contractor's shall furnish and install fire hydrants per City standards. A. Product: Fire hydrants shall be Waterous Traffic Pacer with break ring or approved equal. B. Painting:_ Contractor .~hall paint fire hydrants in accordance with City color coding standards. C. Ad_iustment: Fire hydrants .~haii be adjusted so that the break ring is at proposed top of curb to (+) 6~ above top of curb. D. Thrust Blocking: Contractor shall furnish and install 2000 PSI @28 day thrust blocking per City standards. E. Weet~ Holes: Contractor shall furnish and install crushed stone @weep holes to provide for positive drainage. MEASUREMENT AND PAYMENT - Fire Hydrants: Contractor's price for furnishing and installing fire hydrants shall be for each complete in place fire hydrant. Contractor's price shall include but not be limited to: A. Furnishing B. Furnishing C. Furnishing D. Furnishing E. Furnishing and installing fire hydrants, complete in place. and installing any painting, and installing thrust blocking, and installing weep holes drainage. and installing adjustments. DESCRIPTIQN - Water System Test: Contractor shall furnish and install water system test per City standards. ao PressurO Tos[ing: Contractor shall provide hydrostatic pressure test of the water improvements constructed under this contract. Contractor's pressure testing shall not exceed the City's maximum loss criteria. Chlorination: Contractor shall disinfect and chlorinate the water systems constructed under this contract. Contractor shall provide for sampling of the water system at the direction of the City. Samples ~hall not be drawn from fire hydrants. Samples of water are to be drawn and analyzed by a State-and/or County-anthorized laboratory for the verification of sterility of the water system. Provided bacteria counts are less than established standards for purity, Contractor shall purge the water system by flushing until chlorine concentrations are equal to existing systems. C&B220101 TS-8 2.12 Corrective Action: Existing water supply system shall not be exposed to contamination of water systems constructed under this contract. Contractor shall correct and/or remedy any test failures. MEASUREMENT AND PAYMENT - Water System Test: Contractor's price for water system testing shall be for one lump sum complete in place and passing applicable standards test as established by the City. Contractor's price shall include but not be limited to: A. Water pressure test. B. Bacteriological/disinfection test. C. Any corrective measures. D. Purging the water system. E. Any retesting. C&B220101 TS-9 3.01 3.02 3.03 TECHNICAL SPECIFICATIONS SECTION 3 Trench Safe~ DESCRIPTION - Trench Safe~ Design: For the purposes of this contract, this term shah be defined as the designation of the materials and/or methodologies to be used by the Contractor to protect any and all persons entering, exiting, or being present within a trench under the scope of this contract. This trench safety design shall be in compliance with all federal, state, and local laws and ordinance regulating trench safety as it relates to the scope of this contract. Without limiting other safety considerations, special attention shall be made to the design as it relates to the latest addition of the OSHA safety regulation governing trench safety. The trench safety design shall be made by a professional engineer registered in the State of Texas doing business as a trency safety engineer within the State of Texas for the last three years. All trench safety plans and specifications shall be signed and sealed by the professional engineer. MEASUREMENT AND PAYMENT - Trench Safety Desigm'_ · Contractor's price for trench safety design shall be lump sum and shall include but not be limited to: A. Any required geotechnical investigation. B. Any review and/or design fees for a professional registered engineer's design. C. Any revisions or additional work required for Engineer approval. D. Approval by the Engineer. E. Any inspection by the trench safety engineer, his representatives, and/or a competent person deemed appropriate for the trench design by the trench safety design engineer. DESCRIPTION - Trench SafeW Program: For the purposes of this contract, this term shall be defined as the furnishing, installation, operation, maintenance, and supervision of any and all materials and/or methodologies necessary to protect any and all persons entering, exiting or-being present in a trench or adjacent to a trench under the scope of this contract..This trench safety program shall be in compliance with the trench safety design. Contractor shall assign to the work a competent person who will be on-site full time and is capable of identifying existing and predictable ba_za_xds in the surroundings or work conditions which are unsanitary, hazardous, or dangerous to the employees and who has authorization to take prompt corrective measures to eliminate them. MEASUREMENT AND PAYMENT - Trench SafeW Progr_ am: Contractor's price for trench safety program shall be by the linear foot of total trench Contractor's price shall include but not be limited to: A. Any excavation required for compliance with the trench safety design. B. Furnishing, installing, operating, and maintaining materials or methodologies and supervision required for compliance with the trench safety design. C. Furnishing a full-time on-site competent person in charge of trench safety. C&B220101 TS-10 4.01 4.02 4.03 TECHNICAL SPECIFICATIONS SECTION 4 Earthwork GENERAL - Stockpiling Materials: All spoil materials from excavation and/or other operations shall be stockpiled in such a manner so as to: A. Not obstruct traffic flow and/or its sight distance. B. Not pose a safety ha?ard to personnel and/or the public as it relates to the excavated areas. C. Not obstruct stormwater drainage patterns that existed prior to move-in. DF_3~RIPTIQN - Disposal of Exce~ Spoil: Contractor shall dispose of, on-site, all excess spoil from excavation. The Engineer may direct the Contractor as to where to dispose of all or part of excess spoil, so long as said disposal site is on site. ff so directed by ;the En~neer, Contractor shall perform on-site disposal as directed. PAYMENT - Disposal of Excess Spoil: All costs for on-site disposal of excess spoil shall be considered incidental to the unit cost of structure or appurtenance furnished and installed, complete in place. No separate payment shall be made for removal and on-site disposal of excess spoil. Removal and legal on-site disposal of excess spoil shall include, but not be limited to: A. Loading B. Trucking, regardless of location of dump site. C. Unloading. D. Spreading or grading. DESCRIPTION - Dewatering: CONDITION: The excavated areas for pipe and structures and associated appurtenances may encounter groundwater. Contractor shall inform himself of the presence or absence of groundwater and the volume of groundwater to be encountered. In addition, Contractor may encounter surface drainage conditions which may impact the performance of this contract. PERFQRMAN(~E: Contractor shall at all times keep trenches and excavated areas free of running or standing water. Dewatering by the Contractor shall be of sufficient amount and character to ensure that all pipe structures and associated appurtenances are placed on a firm base. Selection of method, quantity, and operation is completely at the discretion of the Contractor, so long as selected method, quantity, and operation meet the outlined criteria. DISPOSAL: Contractor may dispose of water by surface flow, provided that such disposal is not damaging dangerous, or inconvenient in any fashion to the work, the public, and/or surrounding property. When available, Contractor may dispose of water inside exk~tlng storm water system. Contractor shall not dispose of collected water either: (1) In existing sanitary sewer, Water, or public utility system. (2) In newly constructed sewer system covered under the scope of this Contract. C&B220101 TS-11 4.05 MEASUREMENT AND PAYMENT - Dewatering: Dewatering shall be considered incidental to the per unit price of the pipe, structure, or appurtenance furn~nhed and installed, complete in place. DF_~(~RIPTION - Common Earth Backfill: Contractor shall bacld'tli all trenches and excavated structure backfill areas as follows: ho TIMELINESS;: Trench backfill shall be of sufficient depth to insure that the work constructed under this Contract and existing adjacent utilities and structures are stabilized for all conditions that may exist and/or arise. Contractor shall not lay more pipe on any single day than trench baclffill can be placed and compacted, and/or such that stabilization of the work performed and surrounding existing utilities and structures cannot be achieved. DEPTH OF BA~-'ILD Contractor shall place backfill in level, uniform layers. Each layer shall have a uniform loose thickness of not more than ten (10) inches and/or a maximum compacted thickness of not more than six (6) inches, whichever is less. MOISTURE CONTENT: Contractor shall prepare and bring each layer of backfill to within optimum to (+) 5% for day soils and to within (+) 3% for sands per ASTM 698. The testing laboratory shall determine soils type and required moisture content. Where moisture fails to meet specified limits, contractor shall rework, recompact, and retest failed areas. (1) H'_~_h Moisture Content: Should moisture content exceed established maximum moisture content, Contractor shall spread, disk, aerate, and/or otherwise cause the moisture content to be reduced to within uniform maximum allowable limits. (2) Low Moisture Content: Should moisture content not reach established minimum moisture content, Contractor shall disk, sprinkler, water, mix, and/or othenvise bring the moisture content to within uniform minimum allowable limits. Do GQMPA~FIQN: Contractor shall compact and/or otherwise manipulate each layer of fdl such 'that a uniform compaction of not less than 95% of maximum dry density per ASTM 698 is obtained. Where compaction fails to meet specified limits, contractor shall rework, recompact, and retest failed areas. E. LINE/GRADE: Contractor shall bring all fill/excavation to within (_+) 0.20 feet to design line and grade. Fo STRUCTURE BACKFII~I~ Backfill for structures shall not be made again~ walls until 66% of the minimum 28 day strength of the placed concrete is acquired and the concrete for the wall has been in place for 7 days. 4.07 MEASUREMENT AND PAYMENT - Common Earth Backfill: All costs for common earth backfill shall be considered incidental to the unit cost of sanitary sewer pipe, structure and/or appurtenance, furnished and installed, complete in place. No separate payment shall be made for common earth backfill, items 6.07~-K. Common earth backfill shall include, but not be limited to: A. Stripping, clearing and grubbing. B. Excavation. C. Subgrade preparation. D. On-site transportation. E. Placement of backf'fll. C&B220101 TS-12 F. Manipulation. G. Moisture Content. H. Compaction. I. Reworking failure(s). J. Water for moisture. K. Miscellaneous grading; contouring, and blading. C&B220101 TS-13