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ST8501-CN 850430CONTRACT DOCUMENTS AND SPECIFICATIONS for GRADING, STORM SEWER, SANITARY SEWER, AND WATER for for TRILAND DEVELOPMENT,_ INC. 5400 LBJ FREEWAY ONE LINCOLN CENTRE, SUITE 375 DALLAS, TEXAS 75240 BY ADVANCED COPY DATE_ ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS AND SCIENTISTS MAY, 1985 TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS CONTRACT DOCUI~NTS Contractor's Proposal Contractor's Consent Form Standard Form of Agreement Performance Bond Payment Bond Table of Contents for General Conditions of Agreement General Condit£ons of Agreement Supplementary Conditions SPECIAL COI~DITIONS I-1 CP-1 CC-1 SF-1 PB-1 PB-3 TC-1 G-1 SU-1 SP-1 May 1, 1985 AVO 7820 - Contract TO: BIDDERS RE: GRADING, STOPaXi SEWER, SANITARY SEWER, AND WATER FOR FREEPORT PARKWAY IN COPPELL, TEXAS. Gentlemen: We enclose herewith Drawings and Specifications for Construction of Grading, Storm Sewer, Sanitary Sewer, and Water for Freeport Parkway in Coppe11, Texas. We request your bid on this work in accordance with the enclosed instructions. If we may furnish additional information, please do not hesitate to call. Inquiries on this contract should be directed to George Pra11 or Andy Smith, 739-0094. INSTRUCTIONS TO BIDDERS 1.01 INVITATION TO BID: Sealed bids identified on the envelope for Grading, Storm Sewer, Sanitary Sewer, and Water for Freeport Parkway in Coppell, Texas in accordance with Drawings, Specifications and Contract Documents will be received in the office of the ENGINEER; Albert H. Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas 75225 until 2:00 p.m., May 15, 1985. Bids will be publicly opened and read aloud. Drawings and Specifications may be examined or purchased at the office of the ENGINEER; Albert H. Ralff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas 75225. Cashier's check or acceptable bidders bond, payable to Triland Development, Inc., in an amount not less than five percent of the total bid submitted must accompany the bid. Triland Development, Inc. reserves the right to reject any and all bids, and to waive informalities in any bid, except time of submittal. 1.02 LOCATION AND DESCRIPTION OF PROJECT: The work to be performed under the provisions of these Contract Documents consists of furnishing all materials, equipment, supplies and appurtenances; providing all construction plant equipment, and tools; performing all necessary labor and supervision; and the construction complete, including all work appurtenant thereto, for Grading, Storm Sewer, Sanitary Sewer, and Water for Freeport Parkway in Coppell, Texas. The site of the work is in Dallas County, Texas, southeast of Grapevine Creek, north of IH 635, and west of Belt Line Road. The entire area lies within the city limits of Coppell, Texas. 1.03 PLANS AND SPECIFICATIONS: The following Drawings are made a part of this section: 1 COVER SHEET G-1 ., GRADING P-1 PAVING P-2 PAVING P-3 PAVING PLAN & PROFILE - STA. 29+22.75 TO 38+50 PLAN & PROFILE - STA. 38+50 TO 47+00.60 DETAILS D-1 STORM SEWER 'D-2 STORM SEWER D-3 STORM SEWER D-4 STORM SEWER D-5 STORM SEWER D-6 STORM SEWER SD-8 STD. CONSTR. DETAILS SD-9 STD. CONSTR. DETAILS SD-II STD. CONSTR. DETAILS DRAINAGE AREA MAP INLET & PIPE DESIGN CHART PLAN & PROFILE - STA. 28+90 TO 38+50 PLAN & PROFILE - STA. 38+50 TO 45+58.32 PROFILES DETAILS MANHOLES - EMBEDMENT CURB INLETS GRATE INLETS - DROP INLETS INSTRUCTIONS TO BIDDERS I-1 SS-1 SS-2 SS-3 SD-19 SD-20 SANITARY SEWER SANITARY SEWER SANITARY SEWER STD. CONSTR. DETAILS STD. CONSTR. DETAILS PLAN & PROFILE - STA. 0+00 TO 8+00 PLAN & PROFILE - STA. 8+00 TO 17+21.68 PROFILES - LATERALS MANHOLE - CLEANOUT - CONNECTIONS EMBEDMENT - AERIAL CROSSING W-1 WATER W-2 WATER W-3 WATER SD-15 STD. CONSTR. DETAILS SD-16 STD. CONSTR. DETAILS PLAN & PROFILE - STA. 0+45 TO 9+00 PLAN & PROFILE - STA. 9+00 TO 17+29.41 PROFILES - LATERALS VALVES FIRE HYDRANT - SERVICE CONNECTION 1.04 PROPOSAL: No original oral, telephonic or telegraphic proposal will be considered. Corrections, deletions or additions to bids may be made by wire, provided such wires are received in correct and comprehensive form prior to the opening time of bids, and confirmed by letter. No telephone corrections, deletions or additions will be accepted. Proposals will be accepted only for the entire portion of the project described in these Drawings. Each proposal shall be submitted on the Contractor's Proposal form enclosed herein. All blanks shall be fully and legibly filled; all signatures shall be in longhand. The Contractor's Proposal form must be signed by an authorized member of the contracting firm. The completed form shall show no erasures, alterations, qualifications or additional material of any kind whatsoever. Each Bidder will be held to have studied the Drawings and Specifications, to have visited all sites affecting the proposed work, to have satisfied himself regarding all existing conditions and measurements, and to have included in his proposal an amount sufficient to cover all work. 1.05 EMERGENCY CONTRACT TERMINATION CLAUSE: Whenever, because of a national emergency, so declared by the President of the United States, or other lawful authority, it shall be impossible for the CONTRACTOR to obtain all the labor, materials, and equipment necessary for the prosecution of the work with reasonable continuity, the CONTRACTOR shall notify the OWNER. If the Developer cannot, after reasonable effort, help obtain priorities for the materials and equipment within a reasonable time, then the Contract shall be considered as terminated, and the CONTRACTOR shall be entitled to reimbursement for the necessary actual costs incurred in the prosecution of the work without profit. 1.06 NOTICE OF COMMITMENT TO PROCEED: The CONTRACTOR shall, within ten (10) days after a Contract has been awarded to him, furnish to the OWNER satisfactory evidence that he has made the purchases or binding commitments for the necessary material and equipment to do the work called for by the Contract. 1.07 UTILITIES: The CONTRACTOR shall be responsible for coordination with Texas Power & Light Company, General Telephone Company, Lone Star Gas Company, the City of Coppell, and any other utility company whose utility lines or streets may be affected by the proposed improvements. INSTRUCTIONS TO BIDDERS 1.08 CONSTRUCTION SITE: The OWNER will provide the project right-of-way including temporary construction easements without cost to the CONTRACTOR. Access to the site shall be from Cotton Road or Gateway Boulevard. The CONTRACTOR will be responsible for obtaining any permits necessary for operation of equipment or transportation of materials over the specified access roads and for restoring to its original condition, all road surfaces within or adjacent to the project, that are damaged due to operation of equipment or transportation of materials. 1.09 OFFICE AND YARD: The OWNER will provide a site for the CONTRACTOR'S office and yard at a location to be approved by the ENGINEER. 1.10 INTERPRETATION OF CONTRACT DOCUMENTS: If any person who contemplates submitting a Bid is in doubt as to the true meaning of any part of the Drawings, Specifications or other proposed Contract Documents, he may submit to the ENGINEER a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Interpretation of the proposed Contract Documents will be made only by Addendum. A copy of each Addendum will be mailed or delivered to each person obtaining a set of Contract Documents from the ENGINEER. The OWNER will not be responsible for any other explanations or interpretations of the proposed Contract Documents. Any Addenda or letters of clarification issued in writing by the ENGINEER during the period of Bidding shall be included in the Proposal and in the executed Contract; such addenda of letters or clarification shall become a part thereof and modify the Specifications and/or the Drawings accordingly. 1.11 QUALIFICATION OF BIDDERS: Bidders may be required to submit evidence that they have a practical knowledge of the particular work Bid upon and that they have the financial resources to complete the proposed work. In determining the Bidder's qualifications, the following factors will be considered: Work previously completed by the Bidder and whether the Bidder (a) maintains a permanent place of business in the Dallas/Fort Worth Metroplex area, (b) has adequate plant and equipment to do the work properly and expeditiously, (c) has the financial resources to meet all obligations incidental to the work, and (d) has appropriate technical experience. Each Bidder may be required to show that he has handled former work so that no just claims or judgments are pending against such work. No Bid will be accepted from a Bidder who is or has been engaged in any work which would impair his ability to perform or finance this work. 1.12 OBTAINING FORMS, DRAWINGS AND SPECIFICATIONS: Forms of Proposal, Contract, and Bonds, and the Drawings and Specifications for the work may be obtained on the following basis: A. Bidders may obtain one set of Specifications and one set of Drawings for Thirty-five Dollars ($35.00) deposit. The deposit will be returned upon submittal of Bid. The deposit of CONTRACTORS who do not submit a bid and suppliers will not be returned. INSTRUCTIONS TO BIDDERS I-3 B. Bidders may purchase extra sets of Specifications and Drawings at Thirty-five Dollars ($35.00) per set. C. After award of Contract, the successful Bidder will be furnished, free of charge, five (5) sets of Specifications and five (5) sets of drawings. Additional sets of Specifications and Drawings will be furnished at Thirty-five Dollars ($35.00) per set. 1.13 ACCEPTANCE AND REJECTION OF BIDS: The OWNER reserves the right to accept the Bid which, in its judgment, is the best Bid received from a qualified Bidder; to reject any or all Bids; and to waive informalities in any Bid, except time of submittal. Bids received after the specified time of submittal will not be considered and will be returned unopened. The duration of the project is important to the OWNER, therefore, the time of completion (calendar days) submitted with the proposal will be considered in the selection of the successful bidder. The time submitted to complete the work should not exceed 120 calendar days, but any proposal will be received. 1.14 TRADE NAMES AND MATERIALS: A. 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 the bids. Where the words "equivalent", or "proper", or "equal to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equal to some other thing, in the opinion or judgment of the ENGINEER. Unless otherwise specified, all materials shall be the best of their respective kind and shall be in all cases fully equal to approved samples. Notwithstanding that the words "or equal to" or other such expressions may be used in the Specifications in connection with a material, manufactured article or process, the designated article or process shall be used, unless a substitute shall be approved in writing by the ENGINEER, and the ENGINEER shall have the right to require the use of such specifically designated material, article or process. B. In considering any equipment offered as a substitute for equipment named in the Specifications, proof of equality is the responsibility of the CONTRACTOR and/or supplier, and it is not the responsibility of the ENGINEER to prove the equality of proposed substitutions. Furthermore, the decision of the ENGINEER is final and incontestable. It shall be the responsibility of the CONTRACTOR to submit with each request for approval of substitute material or equipment, sufficient data to show conclusively that it is equal to the material or equipment specified in the following respects: 1. Materials of construction. 2. Gauges, weights, and sizes of all portions and component parts. INSTRUCTIONS TO BIDDERS I-4 3. Design arrangements, methods of construction, 'and good workmanship. 4. Coatings, finishes, durability of wearing parts. 5. Performance, according to rating codes specified by, or acceptable to the ENGINEER. 6. National reputation of the manufacturer as a producer of first quality equipment of the type under consideration. Availability of prompt, reliable and efficient service facilities franchised by or affiliated with the equipment manufacturer within the project locality. 8. Ability to meet schedules as shown on Contract Drawings and Specifications. C. No material which has been used by the CONTRACTOR for any temporary purpose whatsoever is to be incorporated in any permanent structure without written consent of the ENGINEER. 1.15 BONDING: Upon awarding of the Contract, the successful CONTRACTOR will be required to furnish the OWNER Performance, Payment and Maintenance Bonds in the amount of 100 percent of the contract price for the proposed construction. 1.16 INSPECTION FEES: The OWNER shall pay all inspection fees required by the City of Coppell. 1.17 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired; or if it cannot be repaired satisfactorily, it shall be removed and replaced at the CONTRACTOR'S expense. Defective materials shall be immediately removed from the work site. Work done without line and grade having been given; work done beyond the line 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 ENGINEER 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 ENGINEER will, after giving written notice to the CONTRACTOR have the authority 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 to become due the CONTRACTOR. 1.18 GOVERNING DOCUMENTS: This work shall conform to the requirements of these Specifications, the details as shown on the Drawings, the North Central Texas Council of Governments Standard Specifications for Public Works Construction (NCTCOG Specifications), and the City of Coppell Standard Construction Details (Coppell Standard Details). These Contract Documents INSTRUCTIONS TO BIDDERS I-5 are intended to be complementary. Requirements of any of the Contract Documents are as binding as if called for by all. In the event of conflict between the Drawings and the Specifications, the CONTRACTOR will be deemed to have assumed the more expensive way of doing the work unless, before submitting a bid, the CONTRACTOR shall have asked for and obtained (by addendum) a decision as to which method or material is intended. In case of conflict between the NCTCOG Specifications and the Project Specifications, the Project Specifications shall govern. In case of conflict between NCTCOG Specifications and Coppell Standard Details, the NCTCOG Specifications shall govern. Supplementary Conditions govern the General Conditions. 1.19 The CONTRACTOR will be eligible for sales tax exempt status for construction of facilities that will be dedicated to the City of Coppell. INSTRUCTIONS TO BIDDERS I-6 CONTRACTOR'S PROPOSAL PROPOSAL OF (N~me of Bidder) Triland Development, Inc. c/o Albert H. Halff Associates, Inc. 8616 Northwest Plaza Drive Dallas, Texas 75225 Gentlemen: PAY ITEMS: The following listed Pay Items comprise the total project. Prospective Bidders shall bid on all items, and work will be awarded as a single Contract. Unit and lump sum prices will be carefully extended to a correct total to be considered as Total Project Bid. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid. In case of confict between price in words and price in figures, the price in words shall be considered correct, and this price when properly extended shall constitute the Bid. The undersigned, having carefully examined the following Drawings and Spec if icat ions: SHEET NO. TITLE DESCRIPTION 1 COVER SHEET G-1 GRADING P-1 PAVING P-2 PAVING P-3 PAVING D-1 D-2 D-3 D-4 D-5 D-6 SD-8 SD-9 SD-ii SS-1 SS-2 SS-3 SD-19 SD-20 STORM SEWER STORM SEWER STORM SEWER STORM SEWER STORM SEWER STORM SEWER STD. CONSTR. DETAILS STD. CONSTR. DETAILS STD. CONSTR. DETAILS SANITARY SEWER SANITARY SEWER SANITARY SEWER STD. CONSTR. DETAILS STD. CONSTR. DETAILS W-1 WATER PLAN & PROFILE - STA. 29+22.75 TO 38+50 PLAN & PROFILE - STA. 38+50 TO 47+00.60 DETAILS DRAINAGE AREA MAP INLET & PIPE DESIGN CHART PLAN & PROFILE - STA. 28+90 TO 38+50 PLAN & PROFILE - STA. 38+50 TO 45+58.32 PROFILES DETAILS MANHOLES - EMBEDMENT CURB INLETS GRATE INLETS - DROP INLETS PLAN & PROFILE - STA. 0+00 TO 8+00 PLAN & PROFILE - STA. 8+00 TO 17+21.68 PROFILES - LATERALS MANHOLE - CLEANOUT - CONNECTIONS EMBEDMENT - AERIAL CROSSING PLAN & PROFILE - STA. 0+45 TO 9+00 CONTRACTOR'S PROPOSAL CP-1 W-2 WATER W-3 ~ATER SD-15 STD. CONSTR. DETAILS SD-16 STD. CONSTR. DETAILS PLAN & PROFILE - STA. 9+00 TO 17+29.41 PROFILES - LATERALS VALVES FIRE HYDRANT - SERVICE CONNECTION Project Specifications North Central Texas Council of Governments Standard Specifications for Public Works Construction City of Coppell Standard Construction Details; as well as the premises and conditions affecting the work, proposes to furnish all labor, materials, and equipment necessary to complete the work for $ - '- in working days. CONTRACTOR'S PROPOSAL CP-2 SECTION I GRADING Item Estimated Number Quantity Unit Description and Price in Words Price in Figures Total Amount I 27,000 Excavation and Grad£n§, Including Transportation, Removal of Debris, Spreading, and Compaction of Excavated Materials, Complete in Place - - Dollars and Cents per Cubic Yard. SUBTOTAL ITEM 1 CONTRACTOR'S PROPOSAL CP-3 SECTION II STORM SEWER Item Estimated Number - Quant £ty Unit 558 L.F. Description and Price in Words Double 72-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place Dollars and Cents per Linear Foot. Price in Figures Total Amount 522 L.F. 375 L.F. 524 L.F. 266 L.F. 6 146 L.F. CONTRACTOR'S PROPOSAL 72-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ $ and per Linear Foot. Dollars Cents 60-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ and - per Linear Foot. Dollars Cents 54-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ $ and per Linear Foot. Dollars Cents 42-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ $ and per Linear Foot. Dollars Cents 36-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ and per Linear Foot. Dollars Cents CP-4 SECTION II STORM SEWER (continued) Item Estimated Number .~ Quantity 7 18 Unit- L.F. 195 L.F. 9 3 EA. 10 I EA. 11 2 EA. 12 3 EA. Description and Price in Words 24-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete Place Price in FiKures Total Amount $ and per-Linear Foot. Dollars Cents 18-inch Diameter Class III Reinforced Concrete Pipe, Including Embedment, Complete in Place $ $ and per Linear Foot. Dollars Cents 12-foot Curb Inlet Bottom, Standard Depth, Complete in Place $ $ and per Each. Dollars Cents 12-foot Curb Inlet Bottom, Extra Depth, Complete in Place $ and per Each. Dollars Cents lO-foot Curb Inlet Bottom, Standard Depth, Complete in Place $ and -- per Each. Dollars Cents 8-foot Curb Inlet Bottom, Extra Depth, Complete in Place $ $ Dollars and - Cents per Each. CONTRACTOR'S PROPOSAL CP-5 SECTION II STORM SEWER (continued) Item Estimated Number- QuantitY- 13 1 14 1 EA. 15 16 17 18 Unit- EA. 19 1 EA. 22 EA. 1 EA. 1 EA. 1 EA. Description and Price in Words 4-foot Curb Inlet Bottom, Extra Depth, Complete in Place - Dollars and Cents per Each. Price in Figures Total Amount 4-foot Drop Inlet, Standard, Complete in Place Dollars and per Each. Cents $ $ 4-foot Drop Inlet, on Top of Pipe, Complete in Place Dollars and per Each. Cents $ $ Pipe-to-Pipe Connections or Pipe Wyes, Complete in Place Dollars and per Each. Cents Plug for 72-inch Reinforced Concrete Pipe, Complete in Place .Dollars and -. per Each. Cents $ $ Plug for 60-inch Reinforced Concrete Pipe, Complete in Place Dollars and per Each.. Cents Plug for 54-inch Reinforced Concrete Pipe, Complete in Place Dollars and per Each. Cents $ $ CONTRACTOR' S PROPOSAL CP-6 SECTION II STORM SEWER (continued) Item Estimated Number ..... Quant ity 20 4 Unit-- EA. 21 2 EA. 22 2 EA. SUBTOTAL ITEMS 1 THROUGH 22 Description and Price in Words Plug for 42-inch Reinforced Concrete Pipe, Complete in Place Dollars and -per Each. Cents Price in FiKures Total Amount $ Plug for 36-inch Reinforced Concrete Pipe, Complete in Place Dollars and per Each. Cents $ Connect 72-inch R.C.P. to Existing 72-inch R.C.P., Complete in Place and per Each. Dollars Cents $ $ CONTRACTOR' S PROPOSAL CP-7 ., SECTION III SANITARY SEWER Item l~umber Estimated ~uantlt¥- · Unit Description and Price in Words Price in Figures Total Amount 1,051 L.F. 24-inch Diameter PVC Sanitary Sewer Pipe, SDR 35, Including Embedment, Complete in Place Dollars and Cents ......... per Linear Foot. -- 118 L.F. 18-Inch Diameter PVC Sanitary Sewer Pipe, SDR 35, Including Embedment, Complete in Place 278 L.F. Dollars and -. Cents per Linear Foot. 15-inch Diameter PVC Sanitary Sewer Pipe, SDR 35, Including Embedment, Complete in Place Dollars and Cents .......... per Linear Foot. - 508 L.F. 12-inch Diameter PVC Sanitary Sewer Pipe, SDR 35, Including Embedment, Complete in Place 5 266 L.F. -- Dollars and - Cents per Linear Foot. 10-inch Diameter PVC Sanitary Sewer Pipe, SDR 35, Including Embedment, Complete in Place 6 2 EA. Dollars and Cents per Linear Foot. 4.0-foot Inside-Diameter Sanitary $ Sewer Manhole, Complete in Place and per Each. -Dollars Cents CONTRACTOR'S PROPOSAL CP-8 SECTION III SANITARY SE~ER (continued) Item Estimated Number --quantity Unit 7 3 EA. - Description and Price in Words 4.0-foot Inside-Diameter Sanitary Sewer Drop Manhole, Complete in Place Dollars and - Cents --per Each. Price in FiKures Total Amount $ 8 1 EA. 9 1 EA. 10 1 EA. 11 1 EA. 12 7 EA. 13 7 L.S. SUBTOTAL ITEMS 1 THROUGH 13 Connection of 15-inch Sanitary Sewer to existing Manhole, Complete in Place Dollars and per Each. Cents 24-inch Removable Plug, Complete in Place and per Each. Dollars Cents 18-inch Removable Plug, Complete in Place and - per Each. Dollars Cents 12-inch Removable Plug, Complete in Place and per Each. Dollars Cents 10-inch Removable Plug, Complete in Place and per Each. Dollars Cents Test for Sanitary Complete Sewer System, - Dollars and per Lump Sum. Cents CONTRACTOR' S PROPOSAL CP-9 SECTION IV WATER Item Estimated Number - Quantity Unit Description and Price in Words Price in F£Kures Total Amount ,685 L.F. 12-inch Diameter PVC Water Pipe, SDR 18, Including Embedment, Complete in Place 2 323 L.F. 3 48 L.F. Dollars and Cents per Linear Foot. 8-inch Diameter PVC Water Pipe, eInCluding Embedment, in Place Dollars and Cents per Linear Foot. 6-inch Diameter DI C1.51 Pipe, Including Polywrap, Including Embedment, Complete in Place 4 5 EA. and per Linear Foot. -' Dollars Cents 12-inch Vertical Gate Valve with Valve Box, Complete in Place 3 EA. and per Each. Dollars Cents 8-inch Vertical Gate Valve with Valve Box, Complete in Place 6 EA. and per Each. Dollars Cents 6-inch Vertical Gate Valve with Valve Box, Complete in Place and per Each. Dollars Cents CONTRACTOR'S PROPOSAL CP-10 SECTION IV WATER (continued) Item Estimated Number--- Quantity Unit 7 6 EA. Description and Price in Words Fire Hydrant, Including Fittings on Leads, Complete in Place Price in Figures Total Amount $ $ 8 12 C.Y. and per Each. Dollars Cents 2000psi Non-Reinforced Concrete for Blocking, Complete in Place $ $ 9 2 EA. · - Dollars and Cents per Cubic Yard. 12-inch Removable Plug, Complete in Place $ 10 and ............ per Each. 3 EA. 8-inch Removable Plug, Complete in Place Dollars Cents $ 11 1.8 Tons and per Each. Dollars Cents Cast Iron Fittings, Complete in Place $ $ 12 1 EA. and - per Ton. Dollars Cents Connect 12-inch Water to Existing 12-inch Water, Complete in Place $ 13 1 L.S. and - - per Each.- Dollars Cents Test and Chlorinate Water System, Complete $ $ and per Lump Sum. Dollars Cents SUBTOTAL ITEMS 1 THROUGH 13 CONTRACTOR'S PROPOSAL CP-11 SUI~iAR¥: G~U~I~G $ STOP. Iv[ SEWER $ SANITARY SEWER $ {ATER $ TOTAL BID STARTING WORK: The undersigned agrees that the work included im the proposal will be commenced not later than ten calendar days after receipt of written notice from the ENGINEER authorizing the undersigned to proceed with the work. TIME OF COMPLETION: The undersigned further agrees that, if awarded the Contract, the work will be completed in - -' working days. BID GUARANTEE: Bid guarantee in the amount of 5 percent of the largest total amount of this Proposal is attached to this Proposal. This bid guarantee (Bid Bond) guarantees that the undersigned will not withdraw this Proposal for a period of 15 calendar days after scheduled closing time for the receipt of Proposals, and that if this Proposal is accepted, the undersigned will enter into a formal Contract, and that the Performance and Payment Bonds will be given, if required. In the event of withdrawal of this Proposal within the period stipulated above, or the failure of the undersigned to enter into a Contract and give the required Bonds within ten (10) days after the undersigned has received notice of the acceptance of this Proposal, the undersigned shall be liable to the OWNER for the full amount of the Bid Guarantee (Bid Bond) as representing liquidated damages to the OWNER on account of the default of the undersigned. ADDENDA: The undersigned hereby acknowledges receipt of the following Addenda to the Drawings and Specifications, all of the provisions and requirements of which Addenda have been taken into consideration in the preparation of the foregoing Proposal. NO: DATE: CONTRACTOR'S PROPOSAL CP-12 RESPECTFULLY-SUBMITTED WITNESS (Legal Name of Corporation or Bidding Firm) (State of Incorporation) (Address) (Typed Name and Title of Officer) (The Signature of the Officer) SEAL OF CORPORATION CONTRACTOR'S PROPOSAL (Name of Witness Typed-In) (Signature of Witness) (Address of Witness) (Date) (The Signature of the Bidder must be witnessed, and the proposal dated for the proposal to be valid) CP-13 CO17fRACTOR'S CONSENT FOR~ The undersigned ("CONTRACTOR") acknowledges that as additional security for the obligations incurred and to be incurred pursuant to that certain Loan Agreement dated December 15, 1983 (the "Loan Agreement"), between TRILAND INVESTMENT GROUP, a Texas General Partnership by Realtrou Holdings, Inc., a Texas Corporation ("OWNER") and HUNT INVESTMENT CORPORATION, a Texas Corporation, and SUNRISE MORTGAGE CORPORATION OF TEXAS, a Texas Corporation ("Lenders"), OWNER has agreed to transfer, assign and convey subject to the terms and provisions of the Loan Agreement, collateral assignments and other documents and instruments executed in connection therewith to Lenders all of the rights and interests of OWNER, but not OWNER'S obligations, in and under this Contract. As an inducement to OWNER to enter into this Contract and to Lenders to make further advances to OWNER under the Loan agreement, CONTRACTOR hereby represents and warrants to and agrees with Lenders as follows: 1. Any lien or security interest which CONTRACTORS and his Subcontractors may at any time have or claim against the Property or any equipment or materials used or to be used in construction thereon or improvement thereof is hereby irrevocably subordinated and made inferior to the liens and security interests at any time existing for the benefit of Lenders to secure any obligation arising pursuant to the Loan Agreement or any instrument evidencing or securing the loan governed thereby (the "Loan Documents), as any of the same may be amended from time to time, including without limitation that certain Deed of Trust (With Security Agreement) from OWNER to George Cunyus and George M. Shanks, Jr., Trustees for the benefit of Lenders, dated December 15, 1983, and CONTRACTOR fully and completely waives any and all right it may now have or hereafter acquire to claim, directly or indirectly, a priority of lien in whole or part against the Property over Lenders' liens and security interests pursuant to the Loan Documents. 2. CONTRACTOR consents to the assignment of this Contract to Lenders and agrees that, upon the election of Lenders, all rights under this Contract otherwise exercisable by OWNER may be exercised by Lenders; provided, however, that in the event of such an election, Lenders shall have no personal or corporate liability for the payment or performance of any obligation of OWNER under this Contract or under any document or instrument referred to herein, or executed and delivered in connection with the transactions contemplated hereby, and neither CONTRACTOR nor its successors or assigns shall be entitled to a personal or corporate judgment hereon against Lenders and none shall be sought or entered. 3. To the knowledge of CONTRACTOR, the interest of OWNER in and under this Contract is not subject ot any claim, setoff or encumbrance. 4. No Agreement, or any memorandum or affidavit thereof, for the construction of any improvements, performance of labor, furnishing of materials or providing of specially fabricated materials in connection with the construction contemplated by this Contract has, to the knowledge of CONTRACTOR, been filed by or for a Subcontractor in the county where the Property is located or in any county. CONTRACTOR'S CONSENT FORM CC-1 EXECUTED: , 198 . CONTRACTOR'S CONSENT FORH BY: Title: "CONTRACTOR" CC-2 STANDARD FORM OF AGREEMENT As Adopted By THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS October 7, 1971 Revised November 17, 1928 Revised April 15, 1932 Revised October 27, 1934 Revised October 19, 1945 Revised April 8, 1954 Revised April 21, 1960 Revised October 7, 1971 Approved as to Legal Form by Legal Counsel STATE OF TEXAS COUNTY OF.__ THIS AGREEMENT, made and entered into this A. D. 19 , by and between day of. of the County of ~nd State of Texas, acting through Party of the First Part, hereinafter termed OWNER, and .thereunto duly authorized so to do, of the City of. , County of. and State oL , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings' and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by herein entitled the ENGINEER., each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposifl, the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete the same calendar days within working days ~fter the date of the written notice to commence work, subject to such extensions of time as are provided by the-General and Special Conditions. THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Par~y of the First Part (.OWNER) B~' A~'rEST: Party of the Second Part (CO,~ffRACTOR) By' ATTEST: PERFORMANCE BOND STATE OF TEXAS COUNTY OF. KNOW ALL MEN BY THESE PRESENTS: That · of the City of County of , and State of principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and f'n~nly bound unto (Owner), in the penal sum of Dollars ($ .) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered in~o a certain written contract with the Owner, dated the day of ,19. , to which contract is hereby referred to and made a part hereof as fully and to the same extent as ff copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci- fications, or drawings accompanying the same, shall in anyway affect its obligation on this *Not applicable for federal work. See '~The Miller Act," 40 U.S.C. S270. PB-i bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this day of ,19 . Principal Sm'cry By. By. Title Title Address Address. The name and address of the Resident Agent of Surety is: PAYMENT BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That_______. of the City of County of ,, and State of principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (Owner), in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, by these presents: · WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19 , to which contract is hereby referred to and made a part hereo~ as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, .that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying th~. same, shall in anywise affect its obligation on this PB-3 bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereumier. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this day of , 19__ Principal ' Surety By. By. ._ Title Title Address _ Address The name and address of the Resident Agent of Surety is: TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. Definition of Terms Page 1.01 Owner, Contractor and Engineer ...................... G-1 G-1 1.02 Contract Documents ......................... G-1 1.03 Sub-Contractor ............................ G-1 1.04 Written Notice ............................ 1.05 Work ................................ G-1 1.06 Extra Work .............................. G-1 1.07 Working Day . ..................... G-1 1.08 Calendar Day ............................. 1.09 Substantially Completed ......................... G-I 2. Responsibilities of the Engineer and the Contractor 2.01 Owner-Engineer Relationship ....................... G-2 2.02 Professional Inspection by Engineer .................... G-2 2.03 Payments for Work ......................... G-2 2.04 Initial Determinations .......................... G-2 G-2 2.05 Objections .............................. ...... · ... G-2 2.06 Lines and Grades ....... : ......... 2.07 Contractor's Duty and Superintendence ................. G-2 2.08 Contractor's Understanding ........................ G-3 2.09 Character of Workmen ......................... G-3 ...... · ~.. G-3 2.10 Contractor's Buildings ................ G-4 2.11 Sanitation .............................. G-4 2.12 Shop Drawings ............................ 2.13 Preliminary Approval ........................ G-4 2.14 Defects and Their Remedies ....................... G-4 2.15 Changes and Alterations ......................... G-5 3. General Obligations and Responsibilities 3.01 Keeping of Plans and Specifications Accessible ........ . ........ G-5 3.02 Ownership of Drawings ........................ G-5 G-5 3.03 Adequacy of Design ......................... 3.04 Right of Entry ............................. G-5 G-5 3.05 Collateral Contracts ......................... 3.06 Discrepancies and Omissions ....................... G-5 3.07 Equipment, Materials and Construction Plant ................. G-5 3.08 Damages ............................... G-6 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.18.1 4.01 4.02 4.03 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 6.01 6.02 6.03 6.04 6.05 Protection Against Accident to Employees and the Public ............ Performance and Payment Bonds ......................... Losses from Natural Causes .......... ~ ................. Protection of Adjoining Property ......................... Protection Against Claims of Sub-Contractors, Etc ................. Protection Against Royalties or Patented Invention ................ Laws and Ordinances ............................... Assignment and Subletting ............. - ............... Indemnification ................................. Contractor's Liability Insurance ......................... Certificate of Insurance ............................. 4. Prosecution and Progress Time and Order of Completion .......................... Extension of Time ................................ Hindrances and Delays .............................. 5. Measurement and Payment Quantities and Measurements .............. · ............. Estimated Quantities ................................ Price of Work ................................... Partial Payment .................................. Use of Completed Portions ............................ Final Completion and Acceptance ........................ Final Payment .................................. Payments Withheld ................................ Delayed Payments ............................... -. 6. Extra Work and Claims Change Orders ................................... Minor Changes .................................. Extra Work .................................... Time of Filing Claims .............................. Arbitration ........................... ; ......... G-6 G-6 Go6 G-6 G-6 G-7 G-7 G-7 G-7 G-8 G-8 G-8 G-9 G-9 G-9 G-9 G-9 G-10 G-10 G-10 G-10 G-10 G-11 G..11 G-11 G-11 G-12 G-12 7.01 7.02 7. Abandonment of Contract Abandonment by Contractor ........................... Abandonment by Owner ............................. G-13 G-14 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOI~ and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in humber and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI- NEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. . The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Tedhnical Specifications, Plans, and General Conditions of Agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in oerson to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered, mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin- ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. MateriaLs or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as ~ny day not includ~'g Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. . 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER-ENGINEER RELATIONSHIP. The ~NGINEER will be the OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaus- tive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible, directly or indirectly, for the construction means, methods, techniques, se- queaces, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of .the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation perform- ing or attempting to perform any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRAC- TOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approva, l of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the .Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters iq question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGI- NEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of 'this contract, either party may file with the ENGINEER within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, bu~ such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ. ees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineer- lng construction drawings and specifications as well as any additional information concerning the work to be performed passing, from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at' his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau- tions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans.and specifications, by the ENGINEER, or any agent, employee, or represen- tative of either of them, whether through personal observation on the project sfte or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety 'of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC- TOWS attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON- TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encoun- tered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can ~.n any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. - -2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. G-3 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRAC- TOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable prompt- ness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing Called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRAC- TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifica- tions. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and .properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRAC- TOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination, by the ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain w'~rk, should the CONTRACTOR proceed with such work without requesting prior inspection or a~..,roval he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci- fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay- ment." If the amount of work is increased, and the work can fairly be classified under the speci- fications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement. and Payment;" otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shah keep one copy of the sa,'.~e constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specificatie~s and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, .all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall 'be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions-and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS. The OWNER atrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC- TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. G-5 ~) ~ .... ~ .... ~'~ 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the comple- tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work. therebv causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All 'machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independcflt contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underw~riting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties, which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER- IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC- TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR either pay~ directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and ail such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either-the CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON- TRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shah defend aH suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, eXcept .that the OWNER shall defend all such suits,and claims and :shail be responsible for all 'such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER; provided, however, if choice of alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If ti~e material or process specified or required by the OWNER is an infringe- ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC- TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their resoective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) 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, (2) Is caused in whole or in part by~ any negligent act or omission of the Contractor, any SubcontraCtor, anyone directly or indirectly employed by any one of them 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. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of. the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or bY any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen's ~ompensation claims, disability benefits and other similar employee benefit acts; (2) Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; (3) Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claimi .-insured by usual bodily injury liability coverages; and ' (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRAC- TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall he allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. G-8 ~ . ,.,,, ~,~. ~-~ 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and 'unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER, provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of such delay. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. G-9 5.04 PARTIAL PAYMENTS. On dr before the 10th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the' work. The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 ~)er cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may--upon written recommendation of the ENGINEER--pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fu!!¥ complete the work and, thereupon, the CON- TRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRAC- TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or maior nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written notice that the work has been-completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC- TOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI- NEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay to the CONTRACTOR on or after the 30th da~;. and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to sub- · contractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment - shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRAC- TOR of the sum named in any partial or final statement, when payment is due, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments," until full.~ paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the provisions of "Payments Withheld." 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price,' as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as herein- after provided. 6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A)--By agreed unit prices; or Method (B)--B¥ agreed lump sum;or ~. .... Method (C)--If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the pro- visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, .the method of doing the work and the type and kind of machinery and equip- mznt to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense. adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC- TOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC- TOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written oxceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen G-12 by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails-to comply with the orders of the ENGINEER, when such orders are consistent ;with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in ease the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as-said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC- TOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been compleied by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited therewith. G-13 (V ~ '~- .~. ~ '"' When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may 'be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such .equipment and materials, shah be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools,~ materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper-owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in ;.he attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Aereement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. SUPPLEMENTARY CONDITIONS 1. DEFINITIONS OF TERMS 1.0 Numbering system in this Section corresponds to numbering system of General Conditions of Agreement. Add to Paragraph 1.01: "The CITY shall be understood to be the municipality or municipalities in which the work is taking place, the municlpality which has or will have control of the facilities being constructed, or if not within a municipality, the County within which the work is taking place." Add to Paragraph 1.02: "quantities shown are presented for information only." 1.06 EXTRA WORK: Change the words "ENGINEER or OWNER" to read "OWNER". Delete Paragraph 1.08 and substitute the followin§: 1.08 CALENDAR DAY: "Calendar Day" is any day, or any part of a day of the week or month, with no days being excepted for weather delays or any delays whether under control of the CONTRACTOR or not. Delete Paragraph 1.09 and substitute the followlng: 1.09 SUBSTANTIALLY COMPLETED: By the term "Substantially Completed" is meant that the Contract has been completed to the point where it is suitable for_use in conformity with the design intentions, without need for temporary or stopgap procedures or operations. Uncompleted work shall be llmlted to "appearance" items and correction of minor deficiencies not involving safety, operation or statutory requirements. Add the following paragraph: 1.10 FINAL COHPLETION: As used herein, the date of "Final Completion" shall mean the date upon which the ENGINEER has certified that, to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the work on the Project has been completed in accordance with the terms and conditions of the Contract Documents and that the OWNER, and if required, the CITY or Texas Power and Light Company, which ever is applicable gives final acceptance of the work by Letter of Acceptance. At the OWNER'S discretion, the OWNER may declare that Final Coapletion has occured, notwithstanding the fact that certain immaterial items remain to be accomplished. The OWNER shall not unreasonably refuse to make such declaration. The work and the Project shall be "Finally Complete" on the date of Final Completion. SUPPLEHBNTARY CONDITIONS SU-1 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONT~ACTOR Delete the last sentence of Paragraph 2.01 and add the following: "The ENGINEER will advise and consult with the OWNER, and all instructions regarding interpretation of or adherence to, the Plans and Specifications shall be issued through the ENGINEER. "The OWNER will have at the project site a field representative employed by the OWNER. The primary duties of the field representative are to help coordinate the work when multiple CONTRACTORS are working in close proximity, to work with the CONTRACTOR and the ENGINEER to assure the OWNER schedules are being met, and to inspect the work for compliance with the Plans and Specifications. The field representative will advise the CONTRACTOR and the ENGINEER of apparent or suspected deficiencies in construction. The field representative is authorized to exercise any and all rights reserved by the OWNER; he is not authorized to make any interpretation or modification to the Plans and Specifications." Add to Paragraph 2.02: "The OWNER will select a professional testing laboratory or organization to perform all specified testing of soils, concrete or materials. Payment for such tests will be made by the OWNER to the testing organization. The CONTRACTOR shall provide assistance and cooperation required for testing, including onsite sample storage facilities." Add to Paragraph 2.03: "CONTRACTOR'S application for payment shall be in a form acceptable to OWNER". paragraph 2.04: Delete the last sentence.- Paragraph 2.05: Change 30 days to read 15 days. Paragraph 2.06: Substitute "OWNER" for "ENGINEER" as used in paragraph 2.06. Add to Paragraph 2.07: "Power, water, gas and sewer services may not be available within or adjacent to the project site. The CONTRACTOR shall be responsible for obtaining any utility services required for prosecution of the work or otherwise providing adequate facilities." SUPPLEMENTARY CONDITIONS SU-2 Delete Paragraph 2.11 and substitute the following: 2.11 SANITARY PROVISIONS: The COIITRACTOR shall establish and enforce among his employees such regulations regarding cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infection or contagious diseases and prevent effectively the creation of a nuisance about the work or any property, either public or private, and such regulations as are required by the ENGINEBR shall be put into imediate force and effect by the CONTRACTOR. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observatiron, shall be constructed and maintained by the CONTRACTOR, in such manner and at such points are approved by the ENGINEER, and their use shall be strictly enforced. All sanitary laws and regulations of the State of Texas, the CITY and of the OWNER shall be strictly complied with. Paragraph 2.13: Add to Paragraph 2.13, subparagraph two, after the work ENGINEER the following: "after consulting with OWNER." Add to Paragraph 2.14 the following: The CONTRACTOR shall and hereby does guarantee: (1) all work performed by him directly and all work performed by his Subcontractors; (2) that all material and workmanship used in this project are of the quality, quantity and character specified; and (3) that any defect due to improper workmanship or material discovered and made known to him within one year of the date of final acceptance of the improvements shall be repaired, replaced, corrected or otherwise made good by him without additional expense to the OWNER. The CONTRACTOR shall, in case of work performed by his Subcontractors and where quarantees are required, secure guarantees from said Subcontractors and deliver copies of same to the ENGINEER upon completion of the work. Where defective workmanship and/or ~aterials are discovered requiring repairs to be made under this, guaranty, all such repair work shall be done by the CONTRACTOR at his own expense within five (5) days after written notice of such defect has been given to him by the OWNER. Should the CONTRACTOR fail to correct such defective workmanship and/or materials within five (5) days after being notified, the OWNER may make the necessary repairs and charge the CONTRACTOR with the actual cost of all labor and materials required. Add the following Paragraphs: 2.16 HAINTENANCE PROVISIONS FULFILLHENT: Prior to the expiration of the specified maintenance period provided for in the Contract, the ENGINEER will make a detailed inspection of the project and will advise the CONTRACTOR and his surety of the items that require correction. The ENGINEER will make a subsequent inspection and if the corrections have been properly performed, the ENGINEER will issue a letter of release on the maintenance stipulations to the CONTRACTOR and his surety. If for any reason the CONTRACTOR has not made the required corrections before the expiration of the maintenance period, the maintenance stipulations as provided for in the Contract shall SUPPLEMENTARY CONDITIONS SU-3 remain in effect until the corrections have been properly performed and a letter of release issued. 2.17 SUBCONTRACTOR RELATIONSHIP: The CONTRACTOR shall require each Subcontractor, by written agreement, if legally, necessary, to be bound to the CONTRACTOR by the terms of the Contract Documents to the extent they effect the work of the Subcontractor, and to assume between the CONTRACTOR and Subcontractor all obligations and responsibilities which the Contract Documents establish between the OWNER and the CONTRACTOR. 2.18 MINIMUM WAGE SCALE: The following minimum prevailing wage scale has been adopted by the OWNER for this locality. "Prevailing Heavy Engineering Wage Rate for Dallas County prepared by Associated General Contractors, Texas Highway Heavy Branch." Article 5159a of the 43rd Legislature of the State of Texas requires the CONTRACTOR to comply with this minimum wage scale. 2.19 EQUAL EMPLOYMENT POLICY: The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The CONTRACTOR shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, age, color, religion, sex, ancestry, national origin or place of birth. This action shall include, but not be limited to, the following: employment, upgrading, demotion or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants, notices to be provided by the OWNER setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, ancestry, national origin, or place of birth. The CONTRACTOR shall furnish all information and reports required by the OWNER or his designee to investigate his payrolls and personnel records which pertain to current construction contracts with the OWNER for purposes of ascertaining compliance with this equal employment opportunity clause. The CONTRACTOR shall file compliance reports with the ENGINEER as may be required by the OWNER or his designee. Compliance reports must be filed within the time, must contain information as to the employment practices, policies, programs, and statistics of the CONTRACTOR, and must be in the form that the OWNER of his designee prescribes. If the CONTRACTOR fails to comply with the equal employment opportunity provisions of his Contract, it is agreed that the OWNER, at its option, may do either of both of the following: SUPPLEMENTARY CONDITIONS SU-4 (1) Cancel, terminate, or suspend the Contract in whole or in part; (2) Declare the CONTRACTOR ineligible for further Contracts until he is determined to be in compliance. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES: Paragraph 3.03: Change the second sentence of Paragraph 3.03 to read: "It is therefore agreed that the CONTRACTOR shall not be responsible for the adequacy of design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed projects; . . ." Add to Paragraph 3.04 the following: "The right of entry, subject to existing statutory limitations, shall be reserved to properly accredited agent of the CITY who may have statutory responsibilities for various phases of the operations." Amend Paragraph 3.08 as follows: Delete "or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work." Add to Paragraph 3.10 the following: 3.10 The CONTRACTOR shall guarantee the work which he does against defective workmanship and materials for a period of one (1) year from the date of final acceptance of the work by the OWNER. Where defective workmanship and/or materials are discovered requiring repairs to be made under this guaranty, all such repair work shall be done by the CONTRACTOR at his own expense within five (5) days after written notice of such defect has been given by the OWNER. Should the CONTRACTOR fail to correct such defective workmanship and/or materials within five (5) days after being notified, the OWNER may make the necessary repairs and charge the CONTRACTOR with the actual cost of all labor and materials required. The CONTRACTOR shall arrange to have the terms of the Performance Bond extend through the one (1) year guarantee period. Delete Paragraph 3.12 and substitute the following: 3.12 PROTECTION AND RESTORATION OF PROPERTY: Where work passes over or through private property, the OWNER will provide the right-of-way. The CONTRACTOR shall not enter upon private property for any purpose without having previous obtained permission from the OWNER. The CONTRACTOR shall be responsible for the preservation of and prevention of damgae to: all trees, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along, adjacent to, or adjoining the work. The CONTRACTOR shall notify the proper SUPPLEMENTARY CONDITIONS SU-5 representatives of any public utility, corporation, company or individual, not less than forty-eight hours in advance of any work which might damage or interfere with the operation of their property. The CONTRACTOR shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the work, or due to his non-execution thereof, or at any time due to defective work or materials, and said responsibility shall not be released until the work has been completed and accepted. When and where any direct or indirect damage is done to pubic or private property on account of any act, omission, neglect or misconduct in the execution of the work or in consequence of the non-execution thereof on the part of the CONTRACTOR, he shall restore or have restored at his own expense such property to a condition equal to that existing before such damage was done, by repairing, rebuilding or otherwise restoring as may be directed, or he shall make good such damage in a manner acceptable to the OWNER or ENGINEER. If the CONTRACTOR fails to restore such property or make good such damage, the Engineer may, upon forty-eight hours written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild or otherwise restore such property as may be determined necessary and the cost thereof will be deducted from any moneys due or to become due the CONTRACTOR under his contract. Under no circumstances shall the CONTRACTOR cause or permit removal, damage or destruction or property corner markers or monuments. Paragraph 3.15: Add the following to Paragraph 3.15 in~ediately after the first sentence. "Laws, Ordinance and Regulations shall mean those that are existing or those that may be executed later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered." Paragraph 3.16: Change the words "objectionable to" to the words "without written consent of". Add to Paragraph 3.16 the sentence, "Subcontractor, if accepted, will be required to furnish proof of bondability." Paragraph 3.18: Amend Paragraph 3.18 as follows: Delete Subparagraph (1), (2), (3) and (4) and substitute the following: (1) Workman'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 $300,000 for any one occurrence. (2) Comprehensive General Liability Insurance: Such insurance shall provide public liability coverage with combined single limits of $500,000.00 per occurrence (bodily injury liability and property damage liability SUPPLEMENTARY CONDITIONS SU-6 combined into one policy limit). This insurance shall include the following features and Certificates will so indicate: a. Contractural Liability b. Products Liability and Completed Operations c. Explosion, Collapse and Underground Damage (3) Comprehensive Automobile Liability Insurance covering all owned, nonowned and hired vehicles, with combined single limits of $500,000.00 per occurrence (bodily injury liability and property damage liability combined into one policy limit). Add the following paragraphs: 3.19 PERMITS AND LICENSES: The CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. 3.20 EXPLOSIVES: Should the CONTRACTOR use explosives in the prosecution of the work, the utmost care shall be exercised so as not to endanger life or property. The use of explosives shall comply with local and state laws governing same. The OWNER shall not be held liable for damage done by the CONTRACTOR in the use of explosives. No blasting shall be done by the CONTRACTOR until he has delivered satisfactory proof of the OWNER that he has adequate blasting insurance coverage. The CONTRACTOR shall notify the proper representatives of any public service corporation, any company or individual, not less than eight hours in advance of the use of explosives which might damage or endanger their or his property. Explosive shall be stored in a safe and secure manner and all storage places plainly marked "DANGEROUS-EXPLOSIVES" and shall be under the care of a competent watchman at all times. Explosives shall not be stored within the corporate limits of any city, nor within 1,000 feet of the job site. 4. PROSECUTION AND PROGRESS Add to Paragraph 4.01 the following: "Time for completion shall begin on the day of receipt of the work order, which shall consist of a written request by the ENGINEER for the CONTRACTOR to proceed with the construction of the project. The date of receipt of the writteu notice shall be considered "Day One (1)." Add to Paragraph 4.01, subparagraph two, after the work ENGINEER the following: "and OWNER". Add to Paragraph 4.02 the following: "The words 'prompt notice' shall mean notice within 15 days". 4.04 FAILURE TO COMPLETE ON TIME: The time of completion is the essence of the Contract. For each calendar day that work shall remain uncompleted SUPPLEMENTARY CONDITIONS SU-7 after the time specified in the Proposal and the Contract, or the increased time granted by the OWNER and DEVELOPER, or as automatically increased by additional work or materials ordered after the Contract is signed, the sum of $400 per day will be deducted from the moneys due the CONTRACTOR. Thus, the sum of money deducted for each delay, failure or non-completion is not to be considered as a penalty, but shall be deemed taken and treated as reasonable liquidated damages, since it would be impractical and extremely difficult to fix the actual damages. 4.05 LIQUIDATED DAHAGES: In consonance with the preceding paragraph and with Paragraph 2.17, "Subcontractor Relationship" the CONTRACTOR shall require each Subcontractor to acknowledge, in writing, liability for liquidated damages arising from actions of the said Subcontractor or his suppliers and Subcontractors which cause delay in completion of the project within the specified time. 5. HEASUREMBNT AND PAYNENT Add to Paragraph 5.03 the following subparagraph: 5.03.01 LIMITED SALES TAX EXEMPTION The OWNER qualifies as an exempt agency pursuant to the provisions of Article 20.04 (f) of the Texas Limited Sales, Excise, and Use Tax Act, and is not subject to any state or city sales taxes. The CONTRACTOR performing this Contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this Contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying the State Comptroller's Ruling No. 95.0.09, as amended to be effective October 2, 1968. Delete Paragraph 5.04 and substitute the following: 5.04 PARTIAL PAYMENTS: On or before the 25th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER and OWNER for approval or modification, a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the 25th day of that month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. Payment requests may be submitted before noon on the Monday following the 25th if the 25th falls on a Saturday or Sunday. Payment requests received later than the above described times will not be considered for payment. The statement shall be of a format to be approved by the ENGINEER and OWNER. Request for payment for materials shall include a copy of the invoice for said materials from the supplier. The OWNER shall then pay the CONTRACTOR on or before the 15th day of the following month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the SUPPLEMENTARY CONDITIONS SU-8 ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the Contract subject only to the conditions stated under "Final Payment." Payment of any current or partial estimates prior to final acceptance of the work by the OWNER shall in no way constitute an acceptance of the work, nor in any way prejudice or affect the obligation of the CONTRACTOR to repair, correct, or replace, at his own expense, any defects or imperfections in the construction or in the strength of the materials used in or about the construction of the work under contract, and its appurtenances, nor any damage due or attributed to such defects, which shall have been discovered on or before final inspection and acceptance of the work. The ENGINEER and OWNER shall be the sole judges of such defects, imperfections, or damage, and the CONTRACTOR shall be liable to the OWNER for failure to correct the same, as provided herein. In the event the OWNER chooses to exercise the option to pay a portion of the retained percentage to the CONTRACTOR under conditions of unusual delay stated above, the retained percentage shall be reduced to 5 percent." Delete Paragraph 5.06 and substitute the following: 5.06 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) working days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER, OWNER, and CITY shall inspect the work; and within ten (10) calendar days after said time, if the work is found to be completed, or substantially completed, in accordance with Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) calendar days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR is writting of the reason for non-acceptance. The work shall not be finally completed until the CONTRACTOR obtains from the CITY, by Letter of Acceptance, their final approval of the work. Amend Paragraph 5.07 as following: After the first complete sentence, ending . · · upon said performance by the CONTRACTOR", add "provided the CONTRACTOR has furnished the OWNER satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for and used in prosecution of the work have been paid." 6. EXTRA WORK AND CLAIMS: Add to the first sentence of Paragraph 6.03 subparagraph three after the word "ENGINEER" the words "and OWNER." 7. ABANDONMENT OF CONTRACT Delete Paragraph 7.02 - Abandonment by OWNER, and substitute the following: SUPPLEMENTARY CONDITIONS $U-9 7.02 SUSPENSION OF WORK AND ANNULMENT OF CONTRACT All or any portion of the work under Contract shall be suspended immediately on written order of the ENGINEER or OWNER (a copy of such notice will be served on the CONTRACTOR'S sureties) or the Contract may be annulled by the OWNER for any good cause or causes, among other which special reference is made to the following: a. Failure of the CONTRACTOR to start work within ten days of written notice by the OWNER to begin work. b. Substantial evidence that the CONTRACTOR'S rate of progress is insufficient to complete the work within the specified time limit. c. Failure of the CONTRACTOR to provide sufficient and proper equipment for properly executing the work. d. Substantial evidence that the CONTRACTOR has abandoned the work. e. Substantial evidence that the CONTRACTOR has become insolvent, bankrupt, or otherwise financially unable to carry on the work. f. Deliberate failure to the CONTRACTOR to observe any requirement of this Contract or to comply with any order of the ENGINEER provided for in this Contract. g. Failure of the CONTRACTOR to provide adequate insurance coverage. h. Failure of the CONTRACTOR to promptly make good any defects in materials, workmanship, or of any nature, the correction of which has been directed in writing by the ENGINEER. i. Substantial evidence of collusion for the purpose of illegally procuring a Contract or perpetrating fraud on the OWNER in the construction of work under Contract. When work is suspended for any cause itemized above, or for any other causes the CONTRACTOR shall discontinue the work or such part thereof as the OWNER designates, whereupon the sureties may, at their option, assume the Contract on that portion thereof which the OWNER has ordered the CONTRACTOR to discontinue, and may perform the same or may, with written consent of the OWNER, sublet the work or that portion of the work so assumed. The sureties shall exercise their option, if at all, within two weeks after written notice to discontinue work has sureties, in such event, shall assume the CONTRACTOR'S place in all respects and shall be paid by the OWNER for all work performed by them in accordance with the Contract. Ail moneys remaining due the CONTRACTOR at the time of his default shall become due and payable to the sureties as the work progress subject to the terms of the Contract. SUPPLEMENTARY CONDITIONS SU-10 SPECIAL CONDITIONS 1. General 1.01 The OWNER as referred to in these Specifications is Triland Development, Inc., 5400 LBJ Freeway, One Lincoln Centre, Suite 375, Dallas, Texas 75240. 1.02 The ENGINEER as referred to in these Specifications is Albert H. Halff Associates, Inc., 8616 Northwest Plaza Drive, Dallas, Texas 75225. 1.03 The working day count shall be suspended upon receipt by the ENGINEER of a written request for final inspection. The working day count shall resume upon receipt by the CONTRACTOR of a written list of items necessary to satisfactorily complete the project, this process shall continue until such time as the project is accepted by te ENGINEER, the City of Coppell, and the OWNER. The working day count will not be suspended or otherwise affected by use of completed portions or "substantial completion" of any of the project. 1.04 If the work should be stopped or suspended under any order of the court, or other public authority, the OWNER may at any time during such suspension, upon seven days written notice to the CONTRACTOR, terminate the Contract. In such an event, the OWNER shall be liable only for payment for all work completed plus a reasonable cost for any expenses resulting from the termination of the Contract, but such expenses shall not exceed $5,000.00. 1.05 Finished Grades: On all construction, the CONTRACTOR shall be responsible for grading areas to plus or minus 0.1 foot of finished grade. finished grades consistently high or low will not be acceptable. 1.06. Conformity with Drawings: All work shall conform to the lines, grades, cross-sections, dimensions, and other requirements shown on the Drawings. Any deviation from the Drawings which may be required by the exigencies of construction will be determined by the ENGINEER and authorized by him in writing. 1.07 Existin~ Utilities, Structures, and Other Property: a. Prior to any excavation, the CONTRACTOR shall determine the locations of all existing water, gas, sewer, electrical, telephone, telegraph, television, and other underground utilities and structures. b. After commencing the work, the CONTRACTOR shall use every precaution to avoid interferences with existing underground and surface utilities and structures, and protect them from damage. c. Where the locations of existing underground and surface utilities and structures are indicated, these locations are generally approximate, and all items which may be encountered during the work are not necessarily indicated. The CONTRACTOR shall determine the exact locations of all items indicated and the existence and locations of all items not indicated. SPECIAL CONDITIONS SP-1 d. The CONTRACTOR shall repair or pay for all damage caused by his operations to all existing utility lines, existing structures, public property, and private property, whether it is below ground or above ground, and he shall settle in total cost of all damage suits which may arise as a result of this operations. e. To avoid unnecessary interferences or delays, the CONTRACTOR shall coordinate all utility removals, replacements and constructions with the appropriate utility company. 1.08 CONTRACTOR shall maintain adequate drainage at all time durzng construction. 1.09 Pavement Subgrade: The CONTRACTOR shall be responsible for any pavement or subgrade failure which occurs within 5 feet on either side of a utility ditch center line. The CONTRACTOR shall be required to remove and satisfactorily repair and replace all such failures. All work shall be subject to the inspection and requirements of the City of Coppell. The CONTRACTOR will not be held responsible for pavement failures within 5 feet on either side of utility ditch centerline which are determined to be the result of Iow compressive strength, inadequate reinforcing, or insufficient thickness of the pavement itself. The basis for such determinations will be as follows: All concrete pavement shall be 8-inch thick reinforced with #3 bars, on 24-inch centers both ways as required by the City of Coppell, Texas; All concrete pavement shall have a minimum compressive strength of 3,000 psi at 28 days. 1.10 Storm DrainaKe Inlets: The CONTRACTOR shall be responsible for construction of all street inlet bottoms. All work and materials shall be in accordance with the City of Coppell Standard Specifications. a. The type drainage inlet shall be as indicated on the construction plans. be The variable height curb and gutter throat section, and the blockout for the drainage inlet shall be included in the cost of the drainage inlet top to be constructed by the Paving Contractor. The CONTRACTOR shall be responsible for furnishing and placing all concrete and reinforcing necessary for. construction of inlet bottoms (including concrete buildup of inverts). In addition, the CONTRACTOR shall extend all vertical steel a minimum of 18-inches past inlet bottoms to provide for connection of inlet tops. The limit of construction for the CONTRACTOR shall be the construction joint in the side walls, as shown in the City of Coppell Standard Construction Details, Sheet SD-9 (Approximately 18" below top). SPECIAL CONDITIONS SP-2 The CONTRACTOR shall remove all forms, place and compact backfill, dispose of excess material, and smooth and shape the work area making it ready for the construction of pavement and curb. The COI~RACTOR shall guarantee all inlets are constructed to the established line and grade and are in accordance with requirements of the Drawings and these Specifications. Payment at the Contract Unit Price shall be total compensation for all labor, materials, equipment, backfill, cleanup and incidentals necessary to complete the work all in accordance with the Drawings and these Specifications. 1.11 The submission of a bid shall be a confirmation by the bidder that his bid shall be valid for a period of 60 days after the date of the bid opening. 1.12 Relocation of the 10" high pressure gas main is still being negotiated. This relocation may not be complete prior to the beginning of the utility construction. Forty-eight (48) hours prior to construction in the area of the gas main, the CONTRACTOR shall contact Bill Bettis at Lone Star Gas Company, 579-0232. The intent of the Grading Plan is to minimize excavation across the Lone Star Gas easement. 1.13 The above Special Conditions are attached to and become a part of the Contract Documents. SPECIAL CONDITIONS SP-3