WA9601B-CS 990112SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900
FAX TRANSMISSION COVER SHEET
Fax Number: ~0~' q ~ J '~00 9 From: Gary C. Hendricks, P.E.
I-
Number of Pages Transmitted (including this one) ~ Date: January 12, 1999
To: Fox Contractors, Inc.
Post Office Box 951
Midlothian, Texas 76065
ATTENTION: CHIRS
Re: City of Coppell
Sandy Lake Road Water Line
Chris:
Following is our December 28, 1998 letter outlining the insurance requirements for the above referenced
project. We are also sending you exerts from the specifications for your reference in preparing the certificates
of insurance along with a mark-up of the certificate you submitted. If you have any questions or need
h
additional information, please do not esi a e on ac is o ~ce.
GCH j / '
SHIMEK, JACOBS & FINKLEA, L.L.P.
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900
ROSS L. JACOBS, P.E.
RONALD V. CONWAY, P.E.
JOHN W. BIRKHOFF, P.E.
soE R. CARTE~, P.~. December 28, 1998
GARY C. HENDRICKS, P.E.
I. C. FINKLEA, P.E.
Fox Contractors, Inc,
Post Office Box 951
Midlothian, Texas 76065
Re: City of Coppell
Sandy Lake Road Water Line
Project Number WA 96 - 01A
Gentlemen:
The City Council of the City of Coppell, at their regularly scheduled meeting on December 8, 1998, accepted
your proposal for construction of the Sandy Lake Road Water Line project (Project Number WA 96-01 A) in
the amount of $912,243.50.
Both you and the City have now executed six copies of the Proposal and Standard Form of Agreement. We
are now enclosing six copies of the Performance Bond, Payment Bond and Maintenance Bond for your
execution. Upon completion, please return all copies to our office for insertion into the contract documents.
We intend to issue the completed contract documen~ and the City of Coppell at the yet to
be schedU. led_j~r~e_zcansm. ietion'~n~nce. o~
Also pleaS~ provide the certificates of insurance in accordance with Item 1.26 of the N
ouncil of Governments Standard Specifications for Public Works Construction, as amended by Item 1.26 -',
Insurance of the City of Coppell's Supplementary Conditions to the standard specifications. In addition to ~
your coverage you are to purchase and furrash an Owner s and Contractor Protechve Lmb~h~the
f you h"~ve any questions or n~ditional clarification, please do not hesitate to contact us
Sincerely,
Gary C. Hendricks, P.E.
Enclosures
cc: Mr. Ken Griffin, P.E.
j :\clerical\coppellX96-150\lettersNconstNkXbonds. doc
FOXCON1
DATE (MM:DD/YY)
ACORD,, CERTIFIC.a" _ OF INSURANCE
12/30/98
PRODUCER I THIS CERTIFICATE IS 'ISSUED AS A MATTER OF INFORMATION
Cadenhead Shreffler Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. (3. BOX 1119 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~ ~.dford, TX 7 6 0 9 5 : COMPANIES AFFORDING COVERAGE
COMPANY
! AAmerican Cas. Co. of Reading.___PA ....
INSURED
. COMPANY
Fox Contractors, Inc. ~ SContinental Casualty Company
PO Box 951 !
, C0MPANY
Midlothian, TX 76065-0951 cTranSpQ. rtation Insurance Co~pan~_y..
COMPANY
, DTranscontinental Insurance Co.
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~ POLICY EFFECTIVE i POLICY EXPIRATION ~
CO TYPE OF INSURANCE POLICY NUMBER !~ DATE {MMIDD/YY) ! DATE (MMIDD/YY) I LIMITS
LTR
A GENERAL LIABILITY PKG1073639991 i05/10/98 i05/10/99 GENERAL AGGREGATE r'$2/000I 000
i x c _ MERc. CENE L U, AB,L,TY; PR0 CT -COMP,OP
i ......... } iFIREp.AMAGE(An_yonef!re) $__ 10JJ_0_QQ_
B AUTOMOB, LEL,AB, L,TY BUAld'~36'39988" ' i05/10/98 05/10 99 j:X
GL , O0
ALL OWNED AUTOS %~~,,//l~ ~ BODILY INJURY
)
i SCHEDULED AUTOS ~ ( er person
iS
.RoPERTYDAMAcE
I $
GARAGE--' ~. !', mtlq~! AUTO ONLY-EA ACCIDENT
........ ~ACM~A~CJDE__NT_
~ AGGREGATE
C EXCESS UABIUTY CUP 10 5 6 0 5 8 2 4 7 0 5 / 10 / 9 8 0 5 / 10 / 9 9 EAC~CCUR.ENCE , _ _ _~_2~_0__0 _0~.,~_0Q_.
X ~ UMBRELLA FORM AG__G__RE_GATE .... .$__2_LQ 0___01_Q Q Q
D i ~ OTHER THAN UMBRELLA FORM .
WORKERS COMPENSATION AND ~WC1073625024 05/10/98 05/10/99 j~TA. TUTQRYtrpM I~TS_
EMPLOYERS' LIABILITY i EACH ACCIDENT S50 ~ 000
THE PROPRIETOR/ , DISEASE-POLICY LIMIT $500 L000
PARTNERS/EXECUTIVE i li INCL ! ~
OFFICERS ARE: !X!EXCL~ Blkt HC)S DISFASF-FACHEMPLOYEE S500f 000
J OTHER
DESCRi~TION OF OPERAI~ON~/LOCATIONSA/EHICLES/SPECIAL ITEMS , ·
~ncluded as Additional ~nsured on the Ge~era~ ~ab~ity pol~c~.
CERTIFICATE HOLDER: CANCELLATION
.......... City of Coppett
At t n: Mr. Ken gr i f f i ~ ~ D WRI~EN NONCE m THE CER~FICATE HOLDER NAMED ~ ~E LER,
P O BOX ~ 7 8 ~ AlL SUCH NONCE SHALL IMPOSE NO OBLIVION ~ UABIU~
Coppell, TX 75019 OF ANY KIND UPON ~E COMPANY, I~ AGENTS OR REPRESENTA~VES.
AU~OR~ D EPR ENTA~V
ACORD25-S(3193)~ of ~ fi~8987 E~C ~ ACORDCORPO~TION1993
ITEM 1.24 - PROTECTION OF WORK AND OF PERSONS AND PROPERTY
SC-1.24.2.1 ' , '
Add the following new Item 1.24.2.1 immediately after Item 1.24.2:
1.24.2.1 Should CONTRACTOR cause damage to the work or property of any separate Contractor
at the site, or should any claim arising out of CONTRACTOR'S, OWNER, ENGINEER,
' Consulting Engineer or any other person, CONTRACTOR shall promptly attempt to settle
with such other Contractor by agreement, or to otherwise resolve the dispute by arbitration
,. -or at law.' CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,
.indemnify and hold OWNER, ENGINEER and Consulting Engineer harmless from and
- against all claims, damages, losses and expenses (including, 'but not limited to, fees of
- engineers, architects, attorneys and other professionals and court and arbitration costs)
arising directly, indirectly or consequentially out of any action, legal or equitable, brought
"by any separate Contractor against OWNER, ENGINEER or Consulting Engineer to the
extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should
a separate Contractor cause damage to the work or property of CONTRACTOR or should
the performance of work be any separate Contractor at the site give rise to any other claim,
CONTRACTOR shall not institute any action, legal or equitable, against OWNER,
ENGINEER or Consulting Engineer or permit any action against any of them to be
maintained and continued in its name or for its benefit in any court or before any arbiter
which seeks to impose liability on or to recover damages fi'om OWNER, ENGINEER or
Consulting Engineer on account of any such damage or claim. If CONTRACTOR is
delayed at any time in performing or fumishing Work by any act or neglect of a separate
Contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any
adjustment in Contract Time attributable thereto, CONTRACTOR may make a claim for an
extension of time in accordance with Item 1.36. An extension of the Contract Time shall be
CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER and Consulting
Engineer for any delay, disruption, interference or hindrance caused by any separate
Contractor."
ITEM 1.26 - INSURANCE
SC-1.26.6
Add the following' new item:
1.26.6 If OWNER requests in writing that other special insurance be included in the property
- ~. insurance policy, CONTRACTOR shall, if possible, include such insurance, and the cost
thereof will be charged to OWNER by appropriate Change Order or Written Amendment.
:-' ~ Prior to .commencement of the Work' at the site, CONTRACTOR shall in writing advise
· ". '~ L':" ~' OWNER-whether or not such other insurance has been procured by CObrltL~CTOR. '
'Add the following new item:
1.26.7 CONTRACTOR intends that any policies provided in response to Item '1.26 shall protect all
' · of the parties insured and provide coverage for all losses and damages caused by the perils
_..:' covered thereby. ' 'Accordingly, all such policies shall contain provisions to the effect that in
j:~i~r~t~an_q~l~o,,n~xu,~h-~'~u~:~tao~ ! -4 1 Supplementary Conditions of the Agreement
the event of payment of any loss or damage the insurer will have no rights of recovery against
any of the parties named as insured or additional insured, and if such waiver forms are
required of any Subcontractor, CONTRACTOR will obtain the same.
ITEM 127 - MATERIALS AND WORKM~SHIP; WARRANTIES AND GUARANTEES SC-1.27.4
Amend the first sentence of Item 1.27.4 to change the words "one year" to "two years"..
ITEM 1.32 - WORKING AREA; COORDINATION WITH OTHER CONTRACTORS; FINAL CLEANUP
SC-1.32.1 '
Delete Item 1.32.1 in its entirety and insert the following in lieu thereof:
"Horizontal and vertical control has been established as shown on the construction plans. The
Contractor' shall be responsible for establishing all lines and grades, and the precise location of all
proposed facilities. The ENGINEER may make checks as the Work progresses to verify lines and
grades established by the Contractor to determine the conformance of the completed Work as it
progresses with the requirements of the construction documents. Such checking by the Engineer shall
not relieve the Contractor of his responsibility to perform all Work in connection with Contract
Drawings and Specifications and the lines and grades given therein."
ITEM 1.33 - OTHER CONTRACTORS; OBLIGATION TO COOPERATE
SC-1.33
Delete the last sentence of the second paragraph and substitute the following in lieu thereof:
"In such event, Contractor shall be entitled to an extension of working time only for unavoidable
delays verified by the Engineers, as provided in Item 1.36; however, no increase in the contract price
shall be due the Contractor."
Insert the following sentence at the end of the second paragraph of Item 1,33:
"The ENGINEER shall coordinate such other work with the CONTRACTOR and schedule events to
minimize delay .caused to the CONTRACTOR, No additional lime shall be given to the
CONTRACTOR for such related work except as provided in Item 1,36,"
ITEM 1.36 -' DELAYS: EXTEN$ION OF TIME; LIQUIDATED DAMAGES
SC-1.36 --" · ' - .....- -
Add the following at the ehd oflhe last pkragraph in Item 1.36: "No extension of the Contract time
shall be allowed unless the CONTRACTOR can~ demonshate the delay caused 'an adverse impact to
the Critical path and that loss of time can not be made up by revising the sequence of the work of the
proj " ': ':" "~' ' ':
ect," ::. ,~ " ' ¢'-~ - }.~ ...... .,~; ,: .'.:..-*
ITEM 1.37 CHANGE'OR MODIFICATION OF CONTRACT'::,":'!:'.!~"'.Zi)'f,'(:
SC-1,37
: 1,37,1 of
j:~ericalXcoVpellx96-1SOxapecaXtech-mpex. rap-conddoc 1-42 Supplementary Conditions of the Agreement
32 ITEM 1.26.1. ITEM 1,26,4___...:., 3__3
(a) workers' compensation as required by Texas law, with the policy
item including replacement and recompaction. Excess excavation for endorsed to provide a Waiver of subrogation as to the O~nn; empl;~yer's
other trench safety methods is also subsidiary to the trench safety pay liability insurance of not less than $100,000 for each accident, $100,000
item. Costs relating to the preparation of the trench safety plan includ- disease each employee, $500,000 disease-polic~ limit, ....
ing geotechnical investigation, testing and report preparation fees are '~ ( )! commercial general liability insurance. including ~independent
all subsidiary to the pay item for trench safety. Should trench safety ' c0~ctor's liability, completed operations and' contractural liability,
measures be required during contract performance where no pay item
covering, but not limited to the liability assumed under the indemnifica-
has been provided, then the CONTRACTOR shall immediately notify the tion provisions of this contract, fully insBring CONTn^CTOn'S (or subcon-
OWNER and, if directed to do so, provide trench safety under the provi-
sions of Item 1.37.3 and/or 1.38. Should the OWNER fail tO authorize the tractor's) liability for injury to or death of OWN~n~ employees and third
work as provided for in 1.37.3 and 1.38, then the CONTRACTOR shall parties, extended to include personal injury liability coverage with dam-
proceed under the provisions of Item 1.39 and 1.40. Trench safety age to property of third parties, with minimum limits as set forth below
requirements are mandatory and may not be waived. ' . General Aggregate ' i · ~ $1 000 000
Products--Components/OperationsAggregate $1:000:000
1.24.5. PAYMENT FOPl $PI:CIAL SHORING: Payment for special Personal and Advertising Injury ' ~ $600,000
shoring, if any, shall be based on the square feet of shoring used. Each Occurrence $600,000
ff!:M 1.25. PAYMs:fir I:01~ LABOff AND MATI~I~IAL; NO LIENS Fire Damage (any one fire) $50,000 .
Medical Expense (any one person)~ ~' $5,000
The coNTRActoR for himself or any of his subcontractors shall pay all in-
debtedness which may become due to any person, firm or corporation hay- The policy shall include coverage extended to apply to completed oper-
ing furnished labor, material or both in the performance of this contract. ations. asbestos hazards (if this project involves work with asbestos) and
It shall be the responsibility of each person, firm or corporation claiming " XCU (explosion, collapse and underground) hazards. The completed op-
to have furnished labor, materials or both, in connection with this con- erations coverage must be maintained for a minimum of one year after
tract, to protect his or its interest in the manner prescribed by applicable final completion and acceptance of the work with evidence of same filed
laws of the State of Texas; provided, however, that as this contract pro- with OWNER ,I. ~ ! ;
vides for a public works project, no lien of any kind shall ever exist or be r~. (c) comprehensive automobile and truck liability insurance; cover-
placed against the work or any portion theroof, or any public funds or re- / ing owned, hired and non-owned vehicles, with a combined bodily injury
tainage held by the OWNER; and any subcontractor shall look solely to the
CONTnACrOn and the payment bond surety, and not the owNER, for payment and property damage minimum limit of $600,000 per occurrence; or sepa-
of any outstanding amounts due for labor, materials or any other in- rate limits of $250,000 for bodily injury (per person), $500 000bodily in-
debtedness in connectionwith the work. However, the OWNER may, at any ju cident) and $100,000 for property damage. S~ch insurance
time prior to making final payment, require the CONTRACTOR to furnish coverage for loading and unloading hazards.
a Consent of Surety to any payment due the CONTRACTOR for completed I-~ WNER'S . PROTECTIVE : LIABILITY INSUR-
work and may, at the discretion of the OWNER or the request of the Surety, NTnACTOn shall obtain, pay for and maintain at all times during
~the check jointly payable to the CONTRACTOR and the Surety. secution of the work under this contract, an OWNER~ protective
nce policy naming the OWNER'and the Engineer as insureds
ITEM ~ .26. INSURANCE: for property damage and bodily injury, which may arise in the prosecu-
1.26J. CONTI~ACTOWS INSURANCE: Without limiting any of the tion of the work or CONTEACTOn'S operations under this contract. Cover-
other obligations or liabilities of the CONTRACTOR, during the term of the age shall be on ~tn "occurrence" basis, and the policy shall be issued by
contract the CONTnAC'rOn and each subcontractor at their own expense "' the same insurance company that carries the CO~Tn^CTOn'S liability insur-
sh.~.l purchase and maintain the herein stipulated minimum insurance ance with a combined bodily injury and property damage minimum limit
· 1 er occurrence and $1,000,000 aggregate.
w~th companies du y approved to do business in the State of Texas and
satisfactory to the ·OWNER. Certificates of each policy shall be delivered
to the OWNER before any work is started, along with a written statement
from the issuing company stating that said policy shall not be cancelled, ~ .26.:]. " BRELLA" LIABILITY INSURANCE: If required by
nonrenewed or materially changed without 30 days advance written OWNER, c nACTOR shall obtain, pay for and maintain umbrella liability
notice being given to the .OWNER, except when the policy is being can- insu e during the contract term, insuring CONTRACTOR for an amount
$1 000 000 per occurrence combined bm~t for bodily m
eelled for nonpayment of premium, in which case 10 days advance , , ' ' ' '. ' -
written notice is required. Prior to the effective date of cancellation, CON- jury and property damage that follows form and applies in excess of the
TRACTOR must deliver to the OWNER a replacement certificate of insur- primary liability coverages required hereinabove. The policy shall pro-
ante or proof of reinstatement. A model Certificate of Insurance is vide "drop down" coverage where underlying primary insurance cover-
illustrated in Appendix A.2. Coverage shall be of the following types and age limits are insufficient or exhausted. OWNER and Engineer shall be
not less than the specified amounts: named as additional insureds.
JUNE ~993 JULY ~990
ITEM 1.244. 31
34 ITEM 1.27.
1.26.4. RAILROAD P OTECTIVE I URANCE: When required in proach to and travel through the work site and the area adjacent to said
~PdIbnYe idnDs,prP~oeocOt~/~ work site.
the Special Provisions, co nAcron obtain, maintain and present
evidence of railroad protect~ ' urance (RPI). The policy shall be in WherQ the work is carried on in or adjacent to any street, alley, side-
the name of the railroad co 'having jurisdiction over the right-of- walk, public fight-of-way or public place, the cosTn^cron shall at his
way involved. The mini f coverage shall meet the speci~ca- own cost and expense provide such flagmen and watchmen a~d furnish,
· ' ecify the erect and maintain such warning devices, barricades, signs and
t~on r~l The owNv. n shall sp other procautionary measures for the protection of or property
. as may be prudent or necessary, or as are required law. The coN-
1.26.5. t POLICY ENDORSEMENTS AND SPECIAL CONDITIONS: TRACTOR's responsibility for providing and watch-
IONS: ' ' . . warning devices, barricades, signs and lights other precautio-
(a) ach insurance policy to be furnished by CONTRACTOR shall in- measures shah not cease until the project have been com-
c ude e following conditions by endorsement to the policy: ' the OWNER, and
name the 0WN~-R as an additional insured as to all applicable .. issued by the owNER as in Item 1.51.
coverage; ~ If the to comply with
the applicable and state law 4 ; to furnish the necessary
(2) each policy shall require that 30 days prior to the cancellation, flagmen, barricades, or other precau-
nonrenewal or any material change in coverage, a notice thereof shall be tionary measures of the OWNER
given to owssn by certified mail. If the policy is cancelled for nonpay- may order the to take precautionary meaN.-.
meet of premium, only 10 days written notice to owNeR is required; ures as required by be protect persons and property.''
In ~ddition, the held responsible for all damages
(3) the term "Owner" shall include all authorities, boards, bu .... to the work and other property due to the failure of
reaus, commissions, divisions, departments and offices of the OWNER and warning devices, barricades, Hghts or other precautionary meaN-
individual members, employees and agents thereof in their official ures in and whenever evidence is found of such
capacities, and/or while acting on behalf of the owNER; damage, the owNER may damaged portion immediately re-
(4) the policy phrase "other insurance" shall not apply to th~ . ~ ....- moved and replaced by and expense of the cowrnAcroR.
ows~.n where the 0WNSn is an additional insured on the policy; and Minimum standards traffic
are contained in the "M um< Control Devices," Fed-
(5) all provisions of the contract concerning HabiHty, duty and eral Highway Admini ration of the S. Department of Transporta-
standard of care together with the indemnification provision', shall be un- tion, and the '~rexas anual of Uniform c Control Devices," Texas
derwritten by contractual liability coverage sufficient to include such oh- Department of Tra sportation.
iigations within applicable policies. " v- 1.24.3. TREN SAFETY: The CONTn^ n shall be responsible for
(b) Insurance furnished by the CONTnACTOn shall be in accordance complying with tate laws and federal regu tions rolating to trench
with the following requirements: safety, includi those which may be enacted uring the performance
under this co tact. The CONTRACTOR shall be res nsible for selecting an
JULY 1990 appropriate ethed of providing trench safety af~e due consideration of
the job co itions, location of utilities, pavement c ditions and other
-- relevant f, ctors. Slopeback methods which may rest in unnecessary
displace ent of utilities and/or destruction of pavement y not be used
withou permission from the owner. The CONTRACTOR sh be responsi-
ble fo providing to the .owner an .acceptable. trench safet lan signed
tre ch shields and shoring systems will be Hkewise certified by~rofes-
sinal engineers registered in the State of Texas or by a professional en-
.... neer registered in the state of manufacture of the shield. ~ ·
1.24.4. PAYMENT FOR TRENCH SAFETY: Payment for trench safety :~'
shall be by the Hneal feet of trench exceeding a depth of five (5) fL Exca-
ds shah be subsidiary to the trench safety pay
JUNE 1993
ITEM 1.27. 34e
(1) any policy submitted shall not be subject to limitations, condi-
tions or restrictions deemed inconsistent with the intent of the insurance
requirements to be ridfilled by CONTRACTOR. The OWN~.a'S decision thereon
shall be final;
(2) all policies are to be written through companies duly licensed
to transact that class of insurance in the State of Texas; and
. (3) all liability policies required herein shall be written with an
"occurrence" basis coverage trigger.
(c) coNTn^cTon agrees to the following:
(1) CONTRACTOR hereby waives subrogation rights for loss or dam-
age to the extent same are covered by insurance. Insurers shall have no
right of recovery or subrogation against the OWN~.a, it being the intention
that the insurance policies shall protect all parties to the contract and be
primary coverage for all losses covered by the policies; '
(2) companies issuing the insurance policies and CONTRACTOR shall
have no recourse against the OWNER for payment of any premiums or
assessments for any deductibles, as all such premiums and deductibles
are the sole responsibility and risk of the CONTRAC"rOR;
(3) approval, disapproval or failure to act by the OWNER regarding
any insurance supplied by the cosTn^cTon (or any subcontractors) shall
not relieve the CONTRACTOR Of full responsibility or liability for damages
and accidents as set forth in the contract documents. Neither shall the
bankruptcy, insolvency or denial of liability by the insurance company
exonerate the CONTR^CTOR from liability; and
(4) no special payments shall be made for any insurance that the
CONTRACTOR and subcontractors are required to carry; all are included in
the contract pp-'ce and the contract unit prices.
Any of such insurance policies required under this section may be
written in combination with any of the others, where legally permitted,
but none of the specified limits may be lowered thereby.
ITEM 1.27. MATERIALS AND WORKMANSHIP; WARRANTIES AND GUARANTEES
Unless otherwise expressly provided in the contract drawings or
specifications, the work shall be performed in accordance with the best
modern practice with materials and workmanship of the highest quality
and suitable for their purpose. The OWNER shall judge and determine the
CONTR^CT~R'S compliance with these requirements.
1.27.1. "OR ;QUAL" CLAUS;: Whenever a material or article re-
quired is specffied or shown on the pins, by using the name ofa proprie
tar/product or of a particular manufacturer or vendor, any material or
article which the Engineer determines shall perform adequately the
JULY 199o